Consultation outcome

Additional information about the Section 28 review

Updated 27 November 2023

Section 28 Direction review

Section 28 (s28) of the CROW Act allows the Secretary of State for Defence to exclude or restrict access by direction to any land if this is felt necessary for the purposes of defence or national security.

A Direction can be made indefinitely or for short and long term periods. All indefinite s28 Directions must be reviewed every five years.

The Direction only applies to CROW access rights. Any existing rights or permissions are not affected by this Direction.

MOD land

All Ministry of Defence (MOD) land was included in the original Countryside Agency (CA) (now Natural England) mapping exercise to identify land that fell into the mountain, moor, heath, down and common land categories.

Under the Marine and Coastal Access Act 2009 these landscape categories also includes coastal land used to create the coastal path and adjacent coastal margin.

The majority of MOD sites are subject to byelaw. Under Schedule 1 Part I of the Countryside and Rights of Way Act 2000 (CROW) these areas are excepted from this legislation.

MOD Byelaws

Military byelaws are Statutory Instruments controlling the military activity and public access at MOD sites. Byelaws are in place to ensure the safety of the public and the troops and to minimise interruptions to military training. They can be enforced by uniformed soldiers, military police or civilian guards. The Military Lands Act 1892 is the overarching legislation.

MOD land not covered by byelaw

Some sites have never been subject to byelaw. Access rights were generally restricted to public rights of way or non-existent. In other cases byelaws still relate to an original land holding which has been extended, but the byelaws were not updated. The ongoing byelaw review should resolve these issues.

MOD byelaws review

The byelaw review is a MOD wide review of all Defence properties that require byelaws. The review will refresh and update existing byelaws and create new byelaws where needed for sites currently operating without them. The review will take several years to complete.

Ordnance Survey and Natural England maps

In discussion with Ordnance Survey (OS), Countryside Agency (CA) (now Natural England) and Defra in 2007 it was felt appropriate for reasons of public safety and security that these s28 areas would not be shown on public maps in line with land under byelaw. These s28 Direction areas will, therefore, not be seen as yellow colour wash on maps published by both OS and Natural England. This approach maintains public safety and site security.

Review process

When the final maps of CROW access land were produced DIO undertook a comprehensive review of all areas that were potentially affected. An internal assessment was undertaken at each site using set criteria to ensure a consistent approach. Where DIO identified a high risk to military capability and / or national security a s28 Direction was applied after a formal and consultative process was followed.

DIO has undertaken an internal review of existing directions to ensure they remain valid. This review is now in the public domain as the next stage of this review process.

The consultation period will run from 9am on Monday 5 December 2022 to 11.45pm on Friday 13 January 2023 during which time we will accept comments. This is an extended consultation period to allow for the Christmas period.

At the end of the period the Secretary of State will take due regard of all comments before finalising the process.

Consultation process

The Section 28 Review consultation process is set out in The Access to the Countryside (Exclusions and Restrictions) Regulations 2003. DIO is required to consult with:

• local access forums
• British Association for Shooting and Conservation
• British Mountaineering Council
• Natural Resources Wales (in respect of any land in or adjoining Wales)
• Country Land and Business Association
• National Farmers’ Union
• Open Spaces Society
• Ramblers’ Association

DIO is also required to inform the following of the Direction:

• the Relevant Authority, (the National Park Authority, appropriate countryside body or Forestry Commissioners, depending on where the land subject to the direction is situated)
• The Access Authority for the area in which the land subject to the direction is situated
• the owner of the land, if it is reasonably practicable to do so.

To enable the public opportunity to comment, all Direction documents can be viewed here as set out in the 2003 Regulations.

Military terms explained

Dry Training – military training that does not involve the use of live ammunition. It can involve vehicles (including armoured vehicles) and the use of blank ammunition and pyrotechnics to impart an element of realism.

Danger Area – an area where there is a risk that bullets or munitions could injure or kill people. The danger templates for all types of weapons are calculated by a technical advisory team and kept under review. They are designated by red flags (or red lamps at night) and signs warning of the danger.

Impact Area – the area within a Danger Area where live munitions land.

Pyrotechnics – fireworks that simulate the sounds or appearance of grenades, illumination flares or smoke shells.

Red Flag Rule – when the red flags are raised or red lamps are lit no public access is permitted.

Secure Site – a secure site is generally, but not always, subject to Military Byelaws. The public are excluded on the grounds of safety or security.

Contact us

For all queries please contact the DIO Public Access and Recreation Advisory Team by email at:

DIOTS-ACCESS@mod.gov.uk