Access to open countryside: Countryside and Rights of Way Act 2000
Administering access
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The right of access will be administered on the ground by "access authorities" and "relevant authorities". Local access forums also have a key role to play advising their access authorities about ways of improving public access to land covered by the CROW Act.
Access authorities
Access authorities are local highway authorities or, inside National Parks, National Park Authorities. Access authorities have a range of powers to enable, and manage, access in their areas. These include powers to put up notices and signs; to improve entrance points to the land; to make new byelaws; and powers to appoint wardens to, among other things, secure compliance with byelaws, restrictions and exclusions, and to advise and assist the public and land managers.
Defra issued guidance for access authorities setting out their functions in July 2003, as well as a Circular:
- Guidance (22 July 2003) [PDF] (34 KB)
- PB10118 Circular [PDF] (161 KB)
Section 35 of the Act sets out the circumstances in which an access authority may enter into an agreement with an owner or occupier where they consider that an existing means of access needs to be opened up, improved, repaired or maintained, or a new means of access needs to be constructed. They may also make an agreement with an owner or occupier which imposes a restriction on the destruction, removal, stopping-up or alteration of an existing means of access, or on doing anything which would impede public access.
Paragraph 7.5 of Circular 02/2004 indicated that we would issue a model agreement which access authorities might wish to adapt to their individual circumstances. There is absolutely no obligation for any access authority to follow the model agreement attached below. An authority may wish to follow it, adapt it or draft their own form of agreement.
- Model section 35 agreement [PDF] (20 KB)
Relevant authorities
Relevant authorities are National Park Authorities inside National Parks. The Forestry Commission is the relevant authority for woodland, wherever it is, and Natural England is the relevant authority in all other cases. Relevant authorities are responsible for determining applications to restrict or exclude access to land covered by the CROW Act if this is necessary for land management, public safety or fire prevention. They can also restrict access on these grounds on their own initiative without receiving an application. Guidance for relevant authorities in carrying out their duties can be found on the Open Access website.
Local access forums
Local access forums have an important advisory role. There are currently over 80 forums in England, appointed by local highway authorities or National Park authorities. Further information on local access forums is available.
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Page last modified: 07 August 2008
Page published: 17 September 2004