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| Obstruction of access to open country. |
11. - (1) If a person-
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(a) without lawful authority or excuse in any way wilfully obstructs a means of access to open country, and |
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(b) upon being requested by notice in writing to do so by any person fails to remove such obstruction or otherwise facilitate access by the public within fourteen days of the receipt of such notice |
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that person shall be guilty of an offence and on a first conviction shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale provided that in the event of a second or subsequent conviction within a period of five years from the first conviction he shall be liable to a fine not exceeding level 5 on the standard scale.
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(2) Without prejudice to the generality of subsection (1) above, it shall be a defence for a person charged with an offence under this section to prove that the obstruction is permitted by a temporary prohibition order granted under section 8 of this Act.
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(3) Without prejudice to the right of any person to bring proceedings for an offence under this section it is the duty of the authority to enforce the provisions of this section.
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| Additional consequences of obstructing footpaths. |
12. - (1) This section applies where-
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(a) a Minister of the Crown, government department or other public body has functions under any enactment which involve the grant of any financial benefit or assistance in respect of land or activity carried out upon land; and |
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(b) a public footpath crosses any part of the land in respect of which an application for such financial benefit or assistance has been made. |
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(2) Where this section applies, it shall be the duty of the Minister of the Crown, government department or public body, before granting the application, to obtain from the applicant a declaration that every public footpath on any land held by the applicant as part of a holding to which financial benefit or assistance relates is unobstructed and available for free passage by the public.
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(3) If the Minister, government department or public body referred to in subsection (1) above shall become satisfied that within five years of the payment or provision of such financial assistance or benefit any public footpath as aforesaid has become obstructed or no longer available for free passage by the public then the whole of such financial assistance or benefit shall be repayable by the applicant or other recipient and in the event that such applicant or recipient shall no longer be the owner or in possession of the land the repayment shall be made by the then owner or person in possession and until payment shall remain a charge on the land.
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(4) For the purposes of this section-
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"financial assistance or benefit" shall include any grant or payment of money for or related to the carrying on or constraint of any agricultural activity on the land and shall also include the granting of any conditional exemption from inheritance tax in respect of land under the Inheritance Tax Act 1984; |
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"public footpath" means a highway over which the public have a right of way on foot only, other than such a highway at the side of a public road. |
| Penalty for displaying signs deterring public access. |
13. - (1) If any person places or maintains on or near any land to which this Act applies a sign containing any false or misleading statement likely to deter the public from entering or being on the land, he shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
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(2) Where such a sign has been placed or maintained on such land the authority may by not less than fourteen days notice require the person having possession or control of the land to remove the said sign and if the sign is not removed within the time specified in the notice the authority shall remove the sign and recover the expense reasonably incurred by it in so doing from the person having possession or control of the land.
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(3) The court before whom a person is convicted of an offence under subsection (1) above may, in addition to or in substitution for the imposition of a fine, order him to remove the sign in respect of which he is convicted within such period, not being less than four days, as may be specified in the order; and if he fails to comply with the order he shall be liable on summary conviction to a fine not exceeding ten pounds for each day on which the failure continues.
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(4) It shall be the duty of the authority to enforce the provisions of this section.
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| Occupier's liability. |
14. A person in or upon land to which this Act applies is not for the purposes of the Occupier's Liability Act 1957 a visitor of the occupier of the land.
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| Additional publicity for land to which the public has access. |
15. - (1) The person or persons referred to in subsection (2) shall be under a duty to take such steps as are agreed from time to time with the authority for the area or areas in which the land is situate (or in default of agreement as ordered by such authority) for the publication of sufficient information to enable a member of the public to identify the land and any means of access to the land and any temporary restrictions to which the land shall be subject.
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(2) The person or persons who shall be under the duty specified in subsection (1) shall be-
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(a) in the case of open country the owner and the occupier thereof; |
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(b) in the case of land subject to an undertaking to provide reasonable access to the public as a condition of the grant of exemption from inheritance tax under the Inheritance Tax Act the person who has given the undertaking and the person beneficially entitled to the property. |
