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Statutory Instruments made by the National Assembly for Wales |
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You are here: BAILII >> Databases >> Statutory Instruments made by the National Assembly for Wales >> The Countryside Access (Dedication of Land as Access Land) (Wales) Regulations 2003 No. 135 (W.9) URL: http://www.bailii.org/wales/legis/num_reg/2003/20030135e.html |
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Made | 28th January 2003 | ||
Coming into force | 1st March 2003 |
Form and content of dedication instruments
3.
A dedication instrument must:
(d) state the name, address and post code of all persons who are making the dedication;
(e) state the nature of the interest which each person making the dedication has in the land being dedicated, and, if any such interest is a legal term of years absolute, the date when that term is to expire;
(f) where the interest of any person making the dedication does not relate to the whole of the land being dedicated, identify the extent of the land to which that person's interest relates by reference to boundaries clearly marked on the plan or map annexed to the instrument pursuant to paragraph (c);
(g) state the name, address and post code of all persons, other than those who are making the dedication, who are consenting to it;
(h) state the nature of the interest which each person consenting to the dedication has in the land being dedicated and, where that interest does not relate to the whole of the land being dedicated, identify the extent of the land to which that interest relates either by description in words or by reference to the plan or map annexed to the instrument;
(i) contain a declaration by or on behalf of the persons making the dedication that to the best of the knowledge and belief of those persons there are no persons other than those identified in accordance with paragraph (d) who are required by section 16(1) of the Act to join in the dedication and no persons, other than those identified in accordance with paragraphs (d) and (g) who are required by section 16(2) of the Act either to join in the dedication or consent to it;
(j) state whether, in relation to any of the land to be dedicated, the persons making the dedication intend that there should be a removal or a relaxation of any of the general restrictions to be observed by persons exercising the right of access set out in paragraph 1, 4 or 5 of Schedule 2 to the Act and, if so:
(k) contain a declaration of consent to the terms of the instrument signed by, or by some person authorised to sign on behalf of, each of the persons identified pursuant to paragraph (g); and
(l) contain, immediately before the place where it is to be signed when executed, a declaration that the provisions of regulation 4(4) have been complied with.
Execution of a dedication instrument
4.
- (1) A dedication instrument is executed by being:
(2) If a person signs a dedication instrument on behalf of a person who is making the declaration, the signature must be preceded by a statement identifying the person on whose behalf the dedication instrument is being signed and a declaration that the person who is signing the dedication instrument is authorised to do so on behalf of that person.
(3) The date referred to in paragraph (1)(b) is, for the purposes of these Regulations, the date of execution of the dedication instrument.
(4) A dedication instrument may not be signed by any person pursuant to paragraph (1) unless a draft of the instrument was sent, so as to be received in every case not less than 3 months before it is so signed, to each of the following:
Effect of dedication instruments
5.
- (1) Subject to paragraph (3), a dedication instrument which has been executed in accordance with regulation 4 comes into force 6 months from its date of execution.
(2) A dedication instrument, when it has come into force in accordance with paragraph (1), has the effect of dedicating the land to which it relates for the purposes of Part I of the Act.
(3) A dedication instrument does not come into force unless it has, in accordance with paragraph (4), been lodged with the access authority in respect of the land to which it relates, or if there is more than one such access authority, with one of them.
(4) A dedication instrument is lodged with an access authority by sending or delivering the original to that authority so that it is received by the access authority within 1 month of its date of execution and any dedication instrument received by an access authority after the expiry of that period is of no effect.
(5) In the event of an access authority receiving a dedication instrument after the expiry of the period referred to in paragraph (4), it must immediately inform each of the persons identified in it as the persons dedicating the land to which it relates that, by reason of a failure to lodge the dedication instrument within the period referred to in paragraph (4), it is of no effect.
Notification of the lodging of a dedication instrument
6.
- (1) The persons by or on whose behalf a dedication instrument has been signed must ensure that as soon as possible after it is lodged with an access authority in accordance with regulation 5, copies are sent to each of the bodies or persons referred to in regulation 4(4)(a) to (e) (other than the access authority with whom the dedication instrument was lodged pursuant to regulation 5), and that each copy is accompanied by a statement identifying the access authority with whom the dedication instrument has been lodged and the date when it was so lodged.
(2) A failure to comply with the requirements of this regulation does not affect the validity of a dedication instrument.
Removal or relaxation of restrictions on dedicated land
7.
- (1) Where a dedication instrument contains a statement pursuant to paragraph (j) of regulation 3, the general restrictions to be observed by persons exercising the right of access set out in paragraph 1, 4 or 5 of Schedule 2 to the Act apply subject to any removal or relaxation specified in the declaration pursuant to that paragraph.
(2) Where any person or persons could, in relation to any land to which a dedication instrument relates, dedicate that land (had it not already been dedicated) under section 16(1) of the Act, they may remove any such general restrictions as continue to apply in relation to that land, or relax or further relax them, as the case may be, by an amending dedication instrument.
(3) Subject to paragraphs (4) to (7), the provisions of these Regulations apply to amending dedication instruments as they apply to dedication instruments.
(4) Paragraph (b) of regulation 3 applies to an amending dedication instrument as if the reference to the statement required were a reference to a statement that it is made in accordance with paragraph (2) of this regualtion and that its effect, when it comes into force in accordance with regulation 5 of these Regulations, will be that certain of the general restrictions to be observed by persons exercising access to the land to which it relates will be removed, relaxed or further relaxed in accordance with the terms of the amending dedication instrument.
(5) Paragraphs (g), (h) and (k) of regulation 3 do not apply to an amending dedication instrument.
(6) References in these Regulations to land to be dedicated are to be construed, in relation to an amending dedication instrument, as references to the land in relation to which the general restrictions to be observed by persons exercising access to that land are to be removed, relaxed or further relaxed.
(7) The reference in regulation 5(2) to the effect of a dedication instrument when it comes into force is to be construed, in relation to an amending dedication instrument, as a reference to the taking effect of the removal, relaxation or further relaxation of the general restrictions to be observed by persons exercising access to land which are set out in the instrument.
Use of electronic communication
8.
- (1) Subject to paragraph (2), any document required or authorised to be sent by one person to another under the provisions of these Regulations may be sent by post or by means of electronic communication and any reference in these Regulations, however expressed, to writing, other than the reference in regulation (3)(a), is to be construed as including a reference to a form capable of being stored on, transmitted to and from, and read by means of a computer.
(2) A dedication instrument may not be lodged with an access authority in accordance with regulation 5(4) by means of an electronic communication.
Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998[3]
D. Elis-Thomas
The Presiding Officer of the National Assembly
28th January 2003
© Crown copyright 2003 | Prepared 4 March 2003 |