Natural England

NCAF4/2 Codes of practice for users

2. As the covering paper indicates, we see the actual code drafting being undertaken by communications professionals, informed by a clear brief on the messages and background information that need to be delivered to the public. It is likely that a range of different media will need to be used to convey these messages effectively to the general population. 

3. The function of this initial paper is to begin to develop the detail of these messages. Comments are invited from Forum members on:

a. the structure of topics that is proposed below; 

b. the example messages given for each topic; and

c. tone and language. 

4. Two issues that need to be resolved quickly are:

d. whether we should:

a. produce a Code that is entirely separate from (though hopefully complementary to) what the existing Country Code says in relation to a whole continuum of different recreational activities in the countryside as a whole; or 

b. take this opportunity to update the Country Code messages for the whole countryside, as well as illustrating how they apply in areas of open countryside; 

e. how we strike the best balance between:

a. producing formal, quasi-legal guidance that tries to cover every eventuality and goes into detail throughout on the scope for enforcement if people do not adhere to a set of firm, often restrictive principles; and

b. producing a document that is brief, positive, simple and attractively presented enough for children and adults as a whole to have some interest in reading it and acting on its key messages - on the principle that unless they do this, the Code serves no purpose. 

Forum members are invited to discuss these two issues.

5. The individual topics and example messages are now set out below.

A. Plan ahead

A1. Your new access rights give you freedom to explore open countryside (mountain, moor, heath, down and common) and enjoy what it has to offer: fresh air, healthy exercise, beautiful scenery, contact with Nature. But to get the best out of them and minimise problems you need to plan ahead. 

A2. There are official maps of the open access land with rights under the new legislation. You can refer to them at..... New Ordnance Survey maps also show access land, and so do a range of commercially produced guides sold in bookshops. All of these maps also show the network of public rights of way along particular routes through the countryside. 

A3. You need to: 

f. consult a map or guide before you set off, unless you know the land you are visiting well;

g. note where the rights of way and open access land are, and plan your walk around these;

h. check in advance whether any closures or other restrictions are likely to affect the area you are visiting: you can do this by....

A4. There will often be backup information at key access points and on local information boards.

B. Consider others

B1. Most open access land is privately owned. It is a home and a workplace to many people. You must:

• Respect people's privacy. 
• Take care not to damage crops or other property. 
• Avoid making unnecessary noise.
• Consider other people's enjoyment as well as your own.  

B2. If you see a farm animal that appears to be in trouble, please don't try to 'rescue' it - you could make things worse. A bleating lamb, for example, is very unlikely to have been abandoned by its mother - but once you pick it up and transfer a human scent to it, it may well be because she is likely to reject it. If you're really worried about the condition of an animal, alert the farmer or someone local who can get a message to him. 

B3. By following the rules in this Code, you can enjoy open countryside safely and minimise conflicts and problems.

C. Fire

C1. Fires are easy to start and hard to put out. Landscapes like moorland and heathland are beautiful and wildlife-rich but, in very dry weather, can catch fire in a moment. When a fire starts, it takes hold rapidly. Animals, birds and insects die and it can take many years for the place to recover. 

C2 You must take great care not to do anything that could cause a fire. For example:

• Never drop matches or cigarettes, or light fires or barbecues.
• Never leave bottles behind: glass can magnify the sun's rays and start a fire long after you've gone.  

D. Crossing fields to reach open countryside 

D1. Only enter a field if you know you have the right to do so. (See 'Plan Ahead')

D2. Walls, hedges and fences keep farm animals safe. If you damage them by clambering over or though them, you give someone else the problem and expense of fixing the damage you have caused. Causing this kind of damage means you can be treated as a trespasser, even on land where you would normally have the right to go.

D3. If you are having trouble finding a way to enter an access area, ask locals or other walkers for help. 

D4. If a field only has a right of way or waymarked path through it, stick to the line of the path and avoid causing any damage to crops or growing hay.

E. Enjoying and protecting Nature

E1. Many areas of open countryside are important for wildlife. There are plenty of opportunities for close contact with Nature and for learning more about it. 

E2. To help Nature to flourish on this land:

• Leave wild flowers for others to enjoy - if you take them home, they die.
• Try to keep your distance from wild animals and nesting birds.
• Never collect eggs.
• Avoid areas with wildlife restrictions: look out for special notices.  

E3. Remember there are strict laws to protect rare species, and offenders are prosecuted. You can help by reporting anything suspicious to....... 

F. Dogs

F1. Many people like to take their dog for a walk in the countryside. It is an excellent way for both to get healthy exercise and fresh air and to enjoy life together.

F2. This doesn't mean dogs can be allowed to run wild. No matter how well behaved they may normally be, dogs can cause real problems - even through playful behaviour - if they: 

• chase or attack livestock; 
• scare ground nesting birds or damage their eggs; or
• frighten other users of the land.  

F3. If you take a dog on access land, it is your responsibility to avoid problems like these. You must take this responsibility seriously. If you don't, you may end being prosecuted, or your dog might even be shot on the spot: the law allows this if it is threatening or worrying livestock.

F4. Always keep your dog on a lead when farm animals are present, or if an official notice requires you to do so. 

F5. Cattle or horses can sometimes become aggressive if they feel threatened by a dog. Stay well away from them if you have a dog with you.

F6. Clean up after your dog whenever possible. Dog mess is not only offensive to others - it can also spread disease to livestock and to people, particularly young children. 

G. Limitations on rights 

G1 Your new access rights normally allow you to wander freely over areas of open countryside on foot to enjoy "open-air recreation". These areas are clearly marked on official maps of open countryside. The access rights do not apply on "excepted land" such as buildings and other developed land, or areas under crops, even where you find them within a mapped area of open countryside.

G2. Not every area of open countryside is open all of the time. You will sometimes find local restrictions in force - for example to protect wildlife or historic features, or to keep you out of harm's way during dangerous operations such as military training or bracken spraying. You can find out where such restrictions are in force by watching out for local notices or by .... [details here re finding closure information via national helpline/website etc]. Local restrictions do not affect public rights of way along particular routes over open countryside. 

G3. You do not have any new rights to cycle, ride horses or drive on access land, though in some places local rights to do these things may already exist under previous arrangements, or along public rights of way. 

G4. You can use the land for simple activities like walking, sitting and relaxing, picnicking (so long as you clear up afterwards), watching wildlife, looking at views or taking photographs. 

G5. The new rights do not allow you to take fish or game or other things like fallen wood or stones. What you find on the land is someone else's property, just as it would be in your back garden. 

G6. Litter is a catching disease. If you drop litter, so will other people who come after you. The reasons for taking your litter home with you (including used cigarettes and matches) are not just about keeping the countryside beautiful. It is dangerous as well as ugly - it can cause fires and can injure or even kill animals and birds: plastic bags can suffocate them, cans and bottles can wound them, discarded food can poison them. Just don't leave it - and never drop it from cars!

G7. Various specific activities [list of these to be annexed to published version, based on Schedule 2 of the 1949 Act] are excluded from the new access rights. If you do any of these things on access land, you can be treated as a trespasser there.

G8. If you were to do any of the following on access land, you would be committing a criminal offence for which you could be prosecuted and fined or even, in some cases, imprisoned: 

• Destroying or damaging someone's property 
• Theft
• Driving off road without lawful authority. 
• Dumping vehicles or rubbish or dropping litter.
• Having a dog out of control in a field of sheep.
• Harming birds or protected animals.
• Uprooting or destroying protected plants.
• Using metal detectors on protected sites or without permission.
• Using guns, crossbows etc without permission.  

[ Should we specify the relevant statutes and sections in the published version? ]

G9. On heavily visited open countryside you may meet rangers, who are employed in some areas to help and inform visitors and to deal with any problems arising from their behaviour on the land.

H. Safety

H1. Open countryside can be a dangerous place. For example, it includes some very remote areas that can suddenly be affected by hazardous weather conditions, and other areas with open potholes or other unguarded steep drops. 

H2. You must take personal responsibility for keeping yourself, and any children in your care, safe. It is not the landowner's or the local authority's job to keep you safe when you visit open countryside - it is yours. Unless you take this seriously, you could be injured or even killed. 

H3. This is mainly a matter of taking common sense precautions such as keeping well away from deep water, bogs or sheer drops - and of course from any buildings or machinery you encounter on the land. 

H4. If you are planning to visit 'deep' open countryside miles from roads and houses:

• Think again if the weather forecast is bleak. 
• Tell someone where you're going, and when you plan to be back. 
• Don't overestimate how far you can walk in one go.
• Take warm clothing and emergency food and drink. 
• Take a map and compass, and make sure you can use them.  

H5. You can get more advice from our booklet .....

J. Gates

J1. Gates play a vital role in the countryside - keeping livestock where they're supposed to be, ensuring they can be properly looked after and separating particular groups like different types or sexes of farm animal, or different 'waves' of animals that are due to give birth at different times. 

J2. If you let the animals out or mix them all up, it may take someone hours or even days to sort things out again, if the damage can be fixed at all. This kind of thing gets walkers a very bad name.

J3. If in doubt, always shut and carefully fasten every gate you pass through. The only time you should not do this is where it is obvious that a gate has been deliberately propped or fastened open. For example it may give animals access to food or water, or allow lambs or calves to reach their mothers at feeding time - so leave it as you find it. 

K. Country roads

K1. If you're one of the many who visit open countryside by car, or drive through it from A to B, remember:

• Minor country roads were never intended for fast traffic.
• Keep your speed low: always expect a child around the next bend.
• Wait until it's safe to pass horses, cyclists and walkers.
• Watch out for sheep or cattle loose in the road.  

K2. Think whether you could walk or cycle instead to the place you're visiting, or get there by public transport. You can get details of local transport services from.....

K3. If you need to park, do it safely and take care not to block gateways or tracks.

L. Finding out more

L1. The parallel Occupiers' code of practice contains more detailed background information and an explanation of the powers that landowners and farmers have to close areas of open countryside from time to time, or to manage public access in other ways. 

L2. The criteria that govern closures or access management for wildlife reasons are set out in ........

L3. Out in the Country: where you can go and what you can do gives useful wider information about public access rights and responsibilities in the countryside. 

L4. All three are available free of charge from......