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

back to previous amendments
 
  
Clause 2
 
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
THE BARONESS HAMWEE
 
65     Page 2, line 22, at beginning insert--
 
    ("(  )  Nothing in this Act shall affect existing de facto access.")
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
66     Page 2, line 23, leave out ("remain on") and insert ("walk over") 
67     Page 2, line 23, after ("land") insert ("during hours of daylight") 
68     Page 2, line 23, after ("recreation") insert ("on foot") 
  
BY THE BARONESS BYFORD
THE EARL PEEL
THE LORD GLENTORAN
 
69     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,")
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
70     Page 2, line 24, at end insert--
    ("(  )  he does not climb over any wall, fence, hedge or gate,")
 
71     Page 2, line 24, at end insert--
    ("(  )  he enters by means of a designated access point,")
 
72     Page 2, line 27, after ("2") insert (", save where such restrictions are in conflict with existing public rights,") 
73     Page 2, line 27, at end insert ("exclusions or") 
  
BY THE BARONESS BYFORD
THE EARL PEEL
THE LORD GLENTORAN
 
74     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
 
75     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 EARL OF CAITHNESS
THE LORD NORTHBROOK
 
76     Page 2, line 28, at end insert (", and
    (  )  he does so between one hour before dawn and one hour after dusk")
 
77     Page 2, line 28, at end insert (", and
    (  )  he observes the bye-laws which the access authority shall prescribe")
 
  
BY THE VISCOUNT BLEDISLOE
 
78     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 obtains the prior consent of the owner of the land, or of the access authority, which consent shall not unreasonably be withheld")
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
79     Page 2, line 29, after ("subsections") insert ("(2A),") 
80     Page 2, line 29, leave out ("and (4)") and insert ("to (5)") 
81     Page 2, line 30, at end insert--
 
    ("(2A)  If on the day on which Royal Assent is given to this Act any land was open to members of the public for an access fee, subsection (1) does not entitle any person to enter or to be on that land without payment of any relevant fee.")
 
82     Page 2, line 30, at end insert--
 
    ("(2A)  Subsection (1) does not entitle any person to enter land which on the day on which Royal Assent was given to this Act, was open to members of the public for an access fee.")
 
83     Page 2, line 30, at end insert--
 
    ("(  )  Subsection (1) does not entitle a person to enter or to be on any access land unless the appropriate countryside body has issued a map showing the land as access land.")
 
84     Page 2, line 36, after ("with") insert ("subsection (1) (a),") 
85     Page 2, line 37, leave out from ("II") to end of line 39 and insert ("he shall be guilty of an offence and be liable on summary conviction to a fine not exceeding level 1 on the standard scale") 
86     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
 
87     Page 2, line 38, after ("day") insert (", and 27 days thereafter,") 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
88     Page 2, line 38, after ("day") insert ("and for the following 28 days") 
89     Page 2, line 38, after ("day") insert ("and for the following three days") 
90     Page 2, line 38, leave out from ("day") to end of line 39 
91     Page 2, line 38, leave out from second ("of") to end of line 39 and insert ("any access land") 
92     Page 2, line 39, at end insert ("or subject to the same designated interest.
 
    (  )  A person interested in land may designate his interest for the purposes of subsection (4) by giving notice to the owner of the land and the access authority.")
 
93     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.")
 
94     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.")
 
95     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.")
 
96     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
 
97     Page 2, line 39, at end insert--
 
    ("(  )  Where a person without reasonable excuse 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.")
 
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
THE BARONESS THOMAS OF WALLISWOOD
 
98     Page 2, line 39, at end insert--
 
    ("(  )  Where a person without reasonable excuse becomes a trespasser because of a failure to comply with a restriction imposed under section 24, he shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.")
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
99     Page 2, line 46, at end insert--
    (""relevant fee" means payment of a sum for a day's access, or by production of a membership card in lieu of such payment;")
 
  
After Clause 2
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
100     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
 
101     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.
102     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.
 
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Prepared 24 July 2000