Paragraph 15

England and Wales

(1)

A hereditament is exempt to the extent that it consists of a park which—

(a)

has been provided by, or is under the management of, a relevant authority or two or more relevant authorities acting in combination, and

(b)

is available for free and unrestricted use by members of the public.

(2)

The reference to a park includes a reference to a recreation or pleasure ground, a public walk, an open space within the meaning of the M1Open Spaces Act 1906, and a playing field provided under the M2Physical Training and Recreation Act 1937.

(3)

Each of the following is a relevant authority—

F1(aa)

a Minister of the Crown or Government department or any officer or body exercising functions on behalf of the Crown,

(a)

a county council,

F2(aa)

a county borough council,

(b)

a district council,

(c)

a London borough council,

(d)

the Common Council,

(e)

the Council of the Isles of Scilly,

(f)

a parish or community council, and

(g)

the chairman of a parish meeting.

(4)

In construing sub-paragraph (1)(b) above any temporary closure (at night or otherwise) shall be ignored.

Annotations

Textual amendments

F1: It is provided that Sch. 5 para. 15(3)(aa) is inserted (1.4.2000) by 1997 c. 29, s. 33(1), Sch. 3 para. 27; S.I. 1998/2329, art. 3(1) (with art. 3(2))
F2: Sch. 5 para. 15(3)(aa) inserted (7.1.1997) by S.I. 1996/3071, art. 2, Sch. para. 2(2)

Marginal citations

M1: 1906 c. 25.
M2: 1937 c. 46.