GJH
LIFE MEMBER
- Aug 20, 2007
- 29,450
- 38,828
- Funster No
- 127
- MH
- None, now sold
- Exp
- 2006 to 2022
When this subject arose earlier this year I started corresponding with Natural England on the matter.
On 2nd May I wrote to NE pointing out the wording of Q17 on page 13 of NE's combined guidance notes which states that "non-members may also use the site, unless there is an agreement between the site owner and the organisation that restricts its use to members only".
I also pointed out (25th May) that the CC's own Rules admit that "members only" is simply a club rule not a legal requirement.
On consideration, NE concluded that the Act does not prohibit non-members from staying at certificated sites but the decision to accept them or not lies entirely with the organisation that certified the site.
Defra have now also agreed - “Having looked through our files I see that the line in question (however non-members may also use the site…) was added to the guidance by Defra in 2003. As such I consider this to be our interpretation of the legislation (only the courts can give a definitive view) and so I agree with your conclusion that the legislation does not ban non-members in the case of para 5 exemptions, and it is a decision for the site owner and authorising organisation.”
So, if the CC and C&CC wish to restrict use of their CLs/CSs to their own members they are quite at liberty to do so but there is no legal requirement for them to do so. If other organisations (MCC and Fun for instance) wish to allow non-members to use their CLs there is nothing in law to stop them.
On 2nd May I wrote to NE pointing out the wording of Q17 on page 13 of NE's combined guidance notes which states that "non-members may also use the site, unless there is an agreement between the site owner and the organisation that restricts its use to members only".
I also pointed out (25th May) that the CC's own Rules admit that "members only" is simply a club rule not a legal requirement.
On consideration, NE concluded that the Act does not prohibit non-members from staying at certificated sites but the decision to accept them or not lies entirely with the organisation that certified the site.
Defra have now also agreed - “Having looked through our files I see that the line in question (however non-members may also use the site…) was added to the guidance by Defra in 2003. As such I consider this to be our interpretation of the legislation (only the courts can give a definitive view) and so I agree with your conclusion that the legislation does not ban non-members in the case of para 5 exemptions, and it is a decision for the site owner and authorising organisation.”
So, if the CC and C&CC wish to restrict use of their CLs/CSs to their own members they are quite at liberty to do so but there is no legal requirement for them to do so. If other organisations (MCC and Fun for instance) wish to allow non-members to use their CLs there is nothing in law to stop them.