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Change 1
As published
2 Rights of public in relation to access land.
(1) Any person is entitled by virtue of this subsection to enter and remain on any access land for the purposes of open-air recreation, if and so long as—
(a) he does so without breaking or damaging any wall, fence, hedge, stile or gate, and
(b) he observes the general restrictions in Schedule 2 and any other restrictions imposed in relation to the land under Chapter II.
(2) Subsection (1) has effect subject to subsections (3) and (4) and to the provisions of Chapter II.
(3) Subsection (1) does not entitle a person to enter or be on any land, or do anything on any land, in contravention of any relevant statutory prohibition.
(3A) In subsection (3) “relevant statutory prohibition” means—
(a) in the case of land which is coastal margin, a prohibition contained in or having effect under any enactment, and
(b) in any other case, a prohibition contained in or having effect under any enactment other than an enactment contained in a local or private Act.
(4) If a person becomes a trespasser on any access land by failing to comply with—
(a) subsection (1)(a),
(b) the general restrictions in Schedule 2, or
(c) any other restrictions imposed in relation to the land under Chapter II,
he may not, within 72 hours after leaving that land, exercise his right under subsection (1) to enter that land again or to enter other land in the same ownership.
(5) In this section “owner”, in relation to any land which is subject to a farm business tenancy within the meaning of the Agricultural Tenancies Act 1995 or a tenancy to which the Agricultural Holdings Act 1986 applies, means the tenant under that tenancy, and “ownership” shall be construed accordingly.
Your change, as a redline
2 Rights of public in relation to access land.
(1) Any person is entitled by virtue of this subsection to enter and remain on any access land for the purposes of open-air recreation, if and so long as—
(a) he does so without breaking or damaging any wall, fence, hedge, stile or gate, and
(b) he observes the general restrictions in Schedule 2 and any other restrictions imposed in relation to the land under Chapter II.
(2) Subsection (1) has effect subject to subsections (3) and (4) and to the provisions of Chapter II.
(3) Subsection (1) does not entitle a person to enter or be on any land, or do anything on any land, in contravention of any relevant statutory prohibition.
(3A) In subsection (3) “relevant statutory prohibition” means—
(a) in the case of land which is coastal margin, a prohibition contained in or having effect under any enactment, and
(b) in any other case, a prohibition contained in or having effect under any enactment other than an enactment contained in a local or private Act.
(4) If a person becomes a trespasser on any access land by failing to comply with—
(a) subsection (1)(a),
(b) the general restrictions in Schedule 2, or
(c) any other restrictions imposed in relation to the land under Chapter II,
he may not, within 72 hours after leaving that land, exercise his right under subsection (1) to enter that land again or to enter other land in the same ownership.
(5) In this section “owner”, in relation to any land which is subject to a farm business tenancy within the meaning of the Agricultural Tenancies Act 1995 or a tenancy to which the Agricultural Holdings Act 1986 applies, means the tenant under that tenancy, and “ownership” shall be construed accordingly.
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