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

back to previous amendments
 
  
Clause 6
 
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
THE BARONESS HAMWEE
THE LORD GREAVES
 
167     Page 4, line 4, after ("interest") insert ("either as landowner or user as represented by the access authority") 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
168     Page 4, line 4, at end insert ("to the Agricultural Land Tribunal") 
169     Page 4, line 5, leave out paragraphs (a) and (b) 
  
BY THE LORD JUDD
 
170     Page 4, line 8, at end insert--
 
    ("(  )  Any person may appeal--
    (a)  in the case of land in England, to the Secretary of State; or
    (b)  in the case of land in Wales, to the National Assembly for Wales,
against the failure to show land on a map in provisional form as registered common land or as open country.")
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
171     Page 4, line 13, leave out from ("brought") to ("and") in line 15 and insert ("on the grounds that--
    (  )  the land does not consist of mountain, of moor, of heath or of down, or
    (  )  the inclusion of the land would serve no useful purpose, or
    (  )  the proposed location of a designated access point should be changed")
 
172     Page 4, line 14, leave out ("wholly or predominantly") 
  
BY THE LORD JUDD
 
173     Page 4, line 19, at end insert--
 
    ("(  )  An appeal relating to the failure to show any land as registered common land may be brought only on the grounds that it is registered common land.")
 
174     Page 4, line 19, at end insert--
 
    ("(  )  An appeal relating to the failure to show any land as open country may be brought only on the grounds that--
    (a)  the land does consist wholly or predominantly of mountain, moor, heath or down; and
    (b)  to the extent that the appropriate countryside body have exercised their discretion under section 4(5)(b) to treat land which is open country as forming part of an area which is not open country, the body ought not to have done so.")
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
175     Page 4, line 20, leave out from ("section,") to ("may") in line 21 and insert ("the Agricultural Land Tribunal") 
  
Clause 7
 
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
THE BARONESS HAMWEE
THE LORD ADDINGTON
 
176     Page 4, line 28, leave out ("may, if he or it thinks fit") and insert ("shall") 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
     The above-named Lords give notice of their intention to oppose the Question that Clause 7 stand part of the Bill. 
  
Clause 8
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
     The above-named Lords give notice of their intention to oppose the Question that Clause 8 stand part of the Bill. 
  
Schedule 3
 
  
BY THE LORD JUDD
 
177     Page 51, line 39, leave out ("either of the parties") and insert ("any party") 
178     Page 51, line 40, leave out ("both of") 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
     The above-named Lords give notice of their intention to oppose the Question that Schedule 3 be the third Schedule to the Bill. 
  
Clause 9
 
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
THE BARONESS HAMWEE
THE LORD GREAVES
 
179     Page 5, line 27, after ("brought") insert ("(and no representations have been made by the local access forum and not settled)") 
180     Page 5, line 32, after ("shall") insert ("after consulting the local access forum") 
181     Page 5, line 39, after ("shall") insert (", after consulting the local access forum,") 
  
Clause 10
 
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD ADDINGTON
 
182     Page 6, line 31, leave out ("ten") and insert ("five") 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
183     Page 6, line 34, at end insert--
 
    ("(  )  A person having an interest in any land marked as access land, open country or common land may appeal--
    (a)  in the case of land in England, to the Secretary of State, or
    (b)  in the case of land in Wales, to the National Assembly for Wales,
against the failure of the appropriate countryside body to remove a designation of that land as open country or registered common land.")
 
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD ADDINGTON
 
184     Page 6, line 35, leave out subsection (3) 
185     Page 6, line 37, leave out ("other") and insert ("shorter") 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
186     Page 6, line 37, after ("period") insert ("which may not be longer than twenty years") 
  
Clause 11
 
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD ADDINGTON
 
187     Page 6, line 39, at end insert--
 
    ("(  )  Before making any regulations under this section, the Secretary of State or, as may be the case, the National Assembly for Wales, shall consult such bodies as appear to them to be representative of persons who will be affected by sections 4 to 10.")
 
  
BY THE LORD JUDD
 
188     Page 7, line 6, leave out ("the period within which and") 
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD ADDINGTON
THE LORD GREAVES
 
189     Page 7, line 9, at end insert--
    ("(  )  the features that must appear on the map,")
 
  
Clause 13
 
  
BY THE LORD WHITTY
 
190     Page 8, line 6, leave out ("("the 2000 Act")") 
  
BY THE BARONESS BYFORD
THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD ADDINGTON
THE LORD GLENTORAN
 
191     Page 8, line 17, leave out ("natural") 
  
BY THE DUKE OF MONTROSE
 
192     Page 8, line 18, at end insert ("or of any livestock (as defined in section 41 of the Countryside and Rights of Way Act 2000, or being kept for commercial gain) other than livestock which are proven to be of a bad temperament or otherwise dangerous to the public,") 
  
BY THE VISCOUNT BLEDISLOE
 
193     Page 8, line 18, at end insert ("or of any house, building, erection, wall, fence, hedge, gate or stile constructed or maintained on the land for the purpose of any natural use of the land") 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
194     Page 8, leave out lines 19 to 21 
195     Page 8, line 19, leave out from ("above,") to end of line 21 and insert (""feature of the landscape" includes, but is not limited to, any plant, shrub or tree, of whatever origin, and any drain, ditch, wall, fence, hedge, gate, stile, footbridge, building (whether operational, disused or abandoned), shooting butt, reservoir, dam, dewpond, mineshaft, path surface (where a path has been provided with a surface) or ancient monument."") 
  
BY THE LORD ADDINGTON
 
196     Page 8, line 21, at end insert--
 
    ("(  )  The occupier of the land is not liable if he accidentally injures another person on his land by the legal discharge of firearms in the course of land management duties.")
 
  
After Clause 13
 
  
BY THE VISCOUNT BLEDISLOE
 
197     Insert the following new Clause-- 
     ("  .  The Secretary of State shall make regulations to ensure that where it appears that--
    (a)  any person having any interest in access land has suffered loss or damage by reason of the act or omission of a person exercising, or purporting to exercise, the right conferred by section 2(1) in respect of that land; and
    (b)  the person suffering such loss or damage would have a legal right to recover that loss or damage; but
    (c)  it is not practicable and reasonable for that person to enforce or seek to enforce that legal right, whether because the person committing the act or omission cannot be identified or served with proceedings or because there is no reasonable prospect of receiving payment of any judgment or otherwise,
compensation shall be payable in repsect of that loss or damage.")
Compensation for damage.
  
Clause 15
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
198     Page 8, line 40, leave out paragraph (a) 
  
Clause 16
 
  
BY THE LORD WHITTY
 
199     Page 9, line 43, leave out ("excluding the application of") and insert ("removing or relaxing") 
200     Page 10, line 3, leave out ("exclude the application of") and insert ("remove or relax") 
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD ADDINGTON
 
201     Page 10, line 12, at end insert--
 
    ("(  )  A dedication under this section does not constitute a disposal or disposition of land for any statutory purpose.
 
    (  )  Where the trustees of the governing body of a charity properly and reasonably believe that a dedication under this section of land owned by a charity would not prejudice the fulfilment of the charity's objects--
    (a)  the charity shall have the power to make a dedication; and
    (b)  any such dedication shall not be deemed to be ultra vires the powers and objects of the charity.")
 
  
After Clause 16
 
  
BY THE EARL OF CAITHNESS
THE LORD NORTHBROOK
 
202     Insert the following new Clause-- 
 ("Visitor management facilities 
     .--(1)  Where access to access land gives rise to a need for the provision of new or improved visitor management facilities there shall be a duty on the access authority either--
    (a)  to provide and maintain the facility directly in consultation with those with an interest in the relevant land; or
    (b)  to provide funding for the provision and maintenance of the facility.
    (2)  Where agreement on the need for such facilities or the cost of providing them cannot be achieved the parties shall have resort to a dispute resolution process prescribed by the Secretary of State.")
Duty of access authority to provide visitor management facilities.
203     Insert the following new Clause-- 
 ("Local Countryside Access Forums 
     .--(1)  Local Countryside Access Forums (local forums) shall be established by every access authority to advise on the local implementation of the access arrangements set out in this Act and on such other access issues as may be prescribed by the Secretary of State.
 
    (2)  Local forums shall comprise representatives of users, landowners and managers of land.")
Local Countryside Access Forums.
  
Clause 17
 
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD GREAVES
 
204     Page 10, line 14, at beginning insert--
 
    ("(  )  The Secretary of State or, as may be the case, the National Assembly for Wales, shall draw up model byelaws for the use of access authorities.")
 
  
BY THE EARL OF CAITHNESS
THE LORD NORTHBROOK
 
205     Page 10, line 14, at beginning insert--
 
    ("(  )  The appropriate countryside body shall issue draft model byelaws which access authorities may adapt to take account of differing local circumstances.")
 
206     Page 10, line 14, leave out ("may") and insert ("shall") 
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
THE BARONESS HAMWEE
THE LORD GREAVES
 
207     Page 10, line 24, at end insert ("and their local access forum") 
  
BY THE LORD HARDY OF WATH
 
208     Page 10, line 26, at end insert ("by those acting in accordance with that right") 
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD GREAVES
 
209     Page 10, line 31, at end insert--
 
    ("(  )  Any byelaws introduced shall be publicised in such a manner as to be quite apparent to users of the access land.")
 
  
Clause 18
 
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
THE BARONESS HAMWEE
THE LORD BRADSHAW
 
210     Page 11, line 1, at beginning insert--
 
    ("(  )  The Secretary of State shall ensure that sufficient funding is available to enable an access authority or district council to comply with this section.")
 
  
BY THE EARL OF CAITHNESS
THE LORD NORTHBROOK
 
211     Page 11, line 1, leave out ("may") and insert ("shall") 
  
Clause 19
 
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
THE BARONESS HAMWEE
 
212     Page 11, line 25, leave out ("may") and insert ("shall at appropriate points, after consultation with their local access forum,") 
  
BY THE EARL OF CAITHNESS
THE LORD NORTHBROOK
 
213     Page 11, line 25, leave out ("may") and insert ("shall") 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
214     Page 11, line 34, at end insert--
 
    ("(  )  An access authority shall erect and maintain notices indicating the boundaries of access land and excepted land where requested by the owner or occupier of such land.")
 
215     Page 11, line 38, leave out ("may also") and insert ("shall") 
216     Page 11, line 39, leave out first ("or contribute towards,") 
217     Page 11, line 39, leave out second ("or contribute towards") and insert ("reasonable") 
218     Page 11, line 41, at end insert--
 
    ("(4)  A notice under this section may only be erected or maintained on land with the permission of the owner of the land.")
 
 
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