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Session 1999-2000
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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 Supplement (e) to the Revised Marshalled List of Amendments to the Countryside and Rights of Way Bill to be moved in Committee in the House of Lords.

  
Schedule 2
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
     Page 50, line 18, at end insert--
 
    ("(  )  Any person who fails to comply with sub-paragraph 4(1) of this schedule, and who allows a dog--
    (a)  to worry species listed in Schedule 1 of the Wildlife and Countryside Act 1981, or
    (b)  to worry game
shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
 
    (  )  In this paragraph, `worry' means to attack species listed in Schedule 1 of the 1981 Act, or game, or to chase species listed in Schedule 1 of the 1981 Act, or game, in such a way as may reasonably be expected to cause injury or suffering.")
 
  
Clause 4
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
     Page 3, line 28, at end insert--
    ("(  )  shall not show as open country any area of open country which, by reason of anything done on the land, or on other land contiguous or adjacent thereto, it appears expedient, for the purposes of avoiding danger to the public, to exclude.")
 
  
Clause 16
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
     Page 9, line 25, at end insert--
    ("(  )  any rights of common or sporting rights in any of that land, or")
 
  
Clause 17
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
     Page 10, line 20, at end insert--
    ("(d)  to safeguard public health and safety.")
 
     Page 10, line 20, at end insert--
 
    ("(1A)  The Secretary of State (as respects England), and the National Assembly for Wales (as respects Wales) shall, having consulted such persons as appear appropriate, prepare and publish model byelaws for the purposes set out in subsection 1.")
 
  
Clause 18
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
     Page 11, line 7, after ("17") insert--
    (", with closures and restrictions under sections 21 and 22,")
 
  
Clause 19
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
     Page 11, line 25, after ("may") insert (", after consulting persons interested in the land,") 
  
Clause 21
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
     Page 13, line 3, leave out from ("land") to end of line 4 
  
Clause 22
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
     Page 13, line 28, after ("management") insert ("or use") 
     Page 13, line 28, after ("land") insert--
    (",  or for the conservation of its flora, fauna, or geological or physiographical features")
 
     Page 13, line 28, at end insert--
 
    ("(  )  In this section, "the management of the land" includes--
    (a)  shooting, the burning of heather, grass, gorse or Vaccinium, the grazing or gathering of livestock, pest control and the felling of trees,
    (b)  recreational activities other than those provided by section (2)(1) and subject to an agreement with the owner or occupier,
other activities subject to an agreement with the occupier.")
 
  
Clause 23
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
     Page 14, leave out line 9 and insert--
    ("(a)  that the")
 
  
Clause 25
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
     Page 15, line 42, at end insert--
 
    ("(1A)  In giving, revoking or varying any direction under section 22, 23 or 24, the relevant authority shall take reasonable steps to further the conservation and enhancement of the flora, fauna, or geological or physiographical features of the land thereby affected.")
 
  
Clause 30
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
     Page 18, leave out lines 32 to 34 
     Page 18, line 42, leave out from ("taken") to ("by relevant") 
  
Clause 38
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
     Page 24, line 21, at end insert--
 
    ("(7A)  It is the duty of the appropriate countryside body, a local highway authority, a National Park authority, and the Forestry Commission, as the case may be, to compensate any person who has sustained damage as a result of--
    (a)  the exercise of the power conferred by subsections (1) to (4) by a person authorised to do so, or
    (b)  the failure of a person on leaving land entered in the exercise of a power under subsections (1) to (4), and which is unoccupied or from which the occupier is temporarily absent at the time of entry, to leave the land as effectively secured against unauthorised entry as he found it,
except where the damage is attributable to the fault of the person who sustained it; and any dispute as to a person's entitlement to compensation under this subsection or as to its amount shall be referred to an arbitrator to be appointed, in default of agreement, by the Secretary of State.")
 
  
After Clause 38
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
     Insert the following new Clause-- 
 ("ACCESS LAND MANAGEMENT STRATEGY 
     (1)  Every access authority shall, within five years after the commencement of this section prepare and publish a plan, to be known as an access land management strategy, containing--
    (a)  the authority's assessment of the adequacy of the provision made in relation to each of the matters specified in subsection (2) and of any need for changes in that provision,
    (b)  a statement of the action they propose to take for the management of access land in their area, and for securing that any such land is managed without detriment to that land or any person interested in that land, and
    (c)  such other material as the Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales) may direct.
    (2)  The matters referred to in subsection (1)(a) are--
    (a)  fire management,
    (b)  byelaws,
    (c)  access points,
    (d)  warden services,
    (e)  regimes for closures and restrictions,
    (f)  the statutory map of access land,
    (g)  signs, notices and other forms of information provided in relation to access land,
    (h)  public transport services in relation to access land,
    (i)  any other matters that may be specified in regulations.")
 
  
Clause 41
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
     Page 25, leave out lines 18 to 21 and insert--
    (""livestock" includes cattle, horses, equines, asses, mules, hinnies, sheep, pigs, goats and poultry, and deer not in the wild state, and also while in captivity or while on access land as defined in section 1 of the Countryside and Rights of Way Act 2000, pheasants, partridges and grouse;")
 
  
Schedule 4
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
     Page 53, line 7, at end insert-- 
 ("DOGS (PROTECTION OF LIVESTOCK) ACT 1953 
     (  )  Subsection 3(1) of the Dogs (Protection of Livestock) Act 1953 is amended as follows:
    (a)  for the definition of "agricultural land" there is substituted "agricultural land" means land used as arable, meadow or grazing land, or for the purpose of poultry farming, pig farming, market gardens, allotments, nursery grounds or orchards, and access land as defined in section 1 of the Countryside and Rights of Way Act 2001;
    (b)  for the definition of "livestock" there is substituted "livestock" includes cattle, horses, equines, asses, mules, hinnies, sheep, pigs, goats and poultry, and deer not in the wild state, and also while in captivity or while on access land as defined in section 1 of the Countryside and Rights of Way Act 2000, pheasants, partridges and grouse.")
 
     Page 53, line 11, at end insert-- 
 ("ANIMALS ACT 1971 
     (  )  In section 11 of the Animals Act 1971, for the definition of livestock there is substituted--
    livestock" includes cattle, horses, equines, asses, mules, hinnies, sheep, pigs, goats and poultry, and deer not in the wild state, and also while in captivity or while on access land as defined in section 1 of the Countryside and Rights of Way Act 2000, pheasants, partridges and grouse.")
 
  
Clause 77
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
     Page 47, line 27, at end insert--
    ("provided that the remaining provisions of Part 1 of this Act shall not come into force until the Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales) has brought into force regulations making effective provision for notification to all members of the public proposing to enter onto access land of what exclusions or restrictions of access to that land are in force at the time.")
 
  
 
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Prepared 18 September 2000