Public access to the Defence estate and section 5 of the National Security Act 2023
This guide details public access to the Defence estate and section 5 of the National Security Act 2023 (Unauthorised entry etc. to a prohibited place)
The ongoing use of the Defence estate for recreational activity, including photography, is not impacted by section 5 of the National Security Act 2023 where a right of access is given under other legislation, such as access to land under Part 1 of the Countryside and Rights of Way Act 2000 or the right to roam under the Land Reform (Scotland) Act 2003, or where it is permitted under military byelaws when the land is not being used for military purposes (subject to there not being a local prohibition or restriction on taking photographs under the byelaws – which may be shown by way of a sign or notice). The exercise of public rights of way are also unaffected.
For the purpose of section 5 – where a right of access, right of way or permission to enter is provided for in other legislation, entry to the land is not ‘unauthorised’.
For guidance on access to the military estates please see: https://www.gov.uk/government/collections/public-access-to-military-areas
Please contact the DIO Public Access and Recreation Advisory Team by email at - DIOTS-ACCESS@mod.gov.uk – if you have any questions about public access.