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Amendments to the Countryside and Rights of Way Bill

Countryside and Rights of Way Bill -
Amendments to be debated in the House of Lords

Here you can browse the Amendments to the Countryside and Rights of Way Bill to be moved in Committee in the House of Lords.

  
Clause 1
 
  
BY THE BARONESS BYFORD
 
     Page 1, line 17, after ("level") insert ("and which is accessible to the public by any highway") 
     Page 2, line 9, at end insert--
    (""down" means only that downland which occurs on a chalk substrate and which is found south of the line of latitude 53 degrees north;")
 
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
THE BARONESS HAMWEE
THE LORD GREAVES
 
     Page 2, line 12, at end insert--
    (""local access forum" means a body established under section (Local Access Fora) and references to a local access forum mean the local access forum established by the relevant access authority;")
 
  
BY THE BARONESS BYFORD
THE EARL PEEL
 
     Page 2, line 17, leave out ("wholly or predominantly") 
     Page 2, line 17, leave out ("moor, heath or down") and insert ("of moor, of heath or of down") 
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
THE BARONESS HAMWEE
THE LORD GREAVES
 
     Page 2, line 21, at end insert (", or
    (b)  land which fell within paragraph (a) above on the day which this Act receives Royal Assent but which has subsequently ceased to be common land within the meaning of the Commons Registration Act 1965.")
 
  
Schedule 1
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
     Page 48, line 6, leave out ("twelve months") and insert ("five years") 
  
BY THE EARL PEEL
 
     Page 48, line 8, at end insert--

("  .  Woodland over 0.1 of a hectare or forest.")

 
  
BY THE BARONESS BYFORD
 
     Page 48, line 8, at end insert--
 
    ("  .  Grassland which is improved or semi-improved including grassland used to produce hay, haylage or silage, or grassland used for the intensive grazing of livestock.")
 
  
Clause 2
 
  
BY THE BARONESS BYFORD
THE EARL PEEL
 
     Page 2, line 24, at end insert--
    ("(  )  before doing so, he informs himself, so far as is reasonably practicable, by means of information provided at designated access points, or otherwise, of any restrictions imposed (under Chapter II) in relation to the land,")
 
     Page 2, line 28, at end insert (", and
    (c)  he enters the land not earlier than one hour before sunrise on any day and leaves the land not later than one hour after sunset on the same day,")
 
  
BY THE LORD ROBERTS OF CONWY
THE EARL PEEL
 
     Page 2, line 28, at end insert (", and
    (  )  if he intends to enter or remain on the land later than one hour after sunset on any day, he gives prior notice of that intention to the access authority")
 
  
BY THE BARONESS BYFORD
 
     Page 2, line 38, leave out from first ("the") to end of line 39 and insert ("next 72 hours") 
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
THE BARONESS HAMWEE
THE LORD GREAVES
 
     Page 2, line 38, after ("day") insert (", and 27 days thereafter,") 
  
BY THE BARONESS BYFORD
 
     Page 2, line 38, leave out from ("day") to end of line 39 
     Page 2, line 39, at end insert--
 
    ("(  )  Where a person is convicted of an offence on any access land, the court by which he is convicted, in addition to dealing with him in any other way, may also require the person not to enter any access land for a specified period.")
 
     Page 2, line 39, at end insert--
 
    ("(  )  Any person who intentionally obstructs any person acting on behalf of an access authority, district council, or any person interested in the land, to enforce Schedule 2 or any restriction imposed in relation to access land under Chapter II, shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.")
 
     Page 2, line 39, at end insert--
 
    ("(  )  Where a person persistently fails to comply with Schedule 2 or with any restrictions under Chapter II, on any access land, the access authority may seek an exclusion order in respect of that person under section 41 (exclusion orders) of the Criminal Justice and Court Services Act 2000.")
 
     Page 2, line 39, at end insert--
 
    ("(  )  Where on any day a person fails to comply with Schedule 2 or with any restrictions under Chapter II, he shall be guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding level 1 on the standard scale.")
 
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD ADDINGTON
 
     Page 2, line 39, at end insert--
 
    ("(  )  Where a person becomes a trespasser because of a failure to comply with a direction made under section 24, he shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.")
 
  
After Clause 2
 
  
BY THE BARONESS BYFORD
 
     Insert the following new Clause-- 
     ("  .  Where, prior to the coming into force of this Act, a charge had been payable by the public for entry to access land, nothing in this Act shall prevent the continued levying of such a charge.")Existing charges for entry to access land.
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
THE BARONESS HAMWEE
THE LORD GREAVES
 
     Insert the following new Clause-- 
     ("  .--(1)  Each access authority shall establish a local access forum in accordance with the provisions of this section.
 
    (2)  A local access forum shall include persons whom the access authority considers able to represent the interests of owners and occupiers of access land in its area and of those who may wish to exercise the right of access over it.
 
    (3)  The Secretary of State (as respects England) and the National Assembly for Wales (as respects Wales) may make regulations regarding the composition and operation of local access fora.")
Local access fora.
     Insert the following new Clause-- 
     ("  .  The Secretary of State (as respects England) and the National Assembly for Wales (as respects Wales) shall, after consultation with local access fora and access authorities, issue guidance to the appropriate countryside bodies with regard to the establishment and dissemination of a country code which shall include the rights and responsibilities of members of the public in the countryside.")Establishment and dissemination of a country code: guidance.
  
Schedule 2
 
  
BY THE BARONESS BYFORD
THE EARL PEEL
 
     Page 49, line 23, leave out ("other than a dog") 
  
BY THE EARL PEEL
 
     Page 49, line 30, at end insert ("trapping,") 
     Page 49, line 31, after ("snaring") insert ("(including interfering with the legal practice of any of these pursuits)") 
  
BY THE BARONESS BYFORD
 
     Page 50, line 8, at end insert--
    ("(  )  intentionally or recklessly damages the land,
    (  )  intentionally or recklessly damages any other thing on or in the land,
    (  )  breaks through any gate, hedge, fence or wall,
    (  )  deposits any rubbish, or leaves litter, or
    (  )  engages in riotous, disorderly or indecent conduct")
 
     Page 50, line 16, leave out from beginning to ("section") in line 17 
     Page 50, line 18, leave out ("lead") and insert ("fixed lead of less than two metres in length") 
     Page 50, line 21, leave out paragraph 5 
     Page 50, line 22, leave out ("lead") and insert ("fixed lead of less than two metres in length") 
  
BY THE EARL PEEL
 
     Page 50, line 23, at end insert--
 
    ("  .  Any person who fails to comply with any restriction on access land under paragraph 4 or 5, or any other restrictions on dogs imposed in relation to the land under Chapter II, is guilty of an offence and liable on summary conviction to a fine not exceeding level 1 on the standard scale.")
 
  
Clause 3
 
  
BY THE BARONESS BYFORD
 
     Page 3, line 11, leave out from beginning to ("bank") and insert ("any cliff face,") 
  
Clause 4
 
  
BY THE BARONESS BYFORD
 
     Page 3, line 17, at end insert--
 
    ("(  )  In preparing the maps, the Countryside Agency shall consult the Nature Conservancy Council for England.")
 
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
THE BARONESS HAMWEE
THE LORD GREAVES
 
     Page 3, line 23, at end insert--
 
    ("(  )  Before determining whether land is open country the appropriate countryside body shall consult the local access forum.")
 
  
BY THE BARONESS BYFORD
 
     Page 3, line 26, at end insert--
 
    ("(  )  A map prepared under this section must distinguish between--
    (a)  open country which is accessible to the public by any highway, and
    (b)  open country which is not accessible to the public by any highway.")
 
     Page 3, line 30, leave out from ("which") to ("would") 
     Page 3, line 30, after ("small") insert ("or inaccessible") 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
     Page 3, line 35, at end insert (", and
    (  )  shall identify at least one specific location ("a designated access point") where access to each discrete area of open country can conveniently be provided for the public, taking into account the needs of land management, and where information on the rights of the public and on any restrictions or closures of the access land can be made available.")
 
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD ADDINGTON
 
     Page 3, line 35, at end insert (", and
    (  )  may determine to show recommended points of access to open country")
 
  
Clause 5
 
  
BY THE BARONESS BYFORD
 
     Page 3, line 36, at end insert--
    ("(  )  publish a notice, stating the date that work is starting to prepare a map under section 4, in at least one newspaper circulating in the area where the work is to be undertaken,
    (  )  invite owners and occupiers of the land affected to forward to the countryside body maps showing the land which they own or manage and any area within that land which they consider to be open country or not, and to provide details of any restriction which they might wish to apply to public access to any such area,")
 
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
THE BARONESS HAMWEE
THE LORD GREAVES
 
     Page 3, line 37, at beginning insert ("after consultation with local access fora in their area,") 
 
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Prepared 13 July 2000