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

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Schedule 2
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
104     Page 49, line 19, at end insert--
    ("(  )  removes any minerals, soil, peat or part of the land or any object from the land,")
 
105     Page 49, line 19, at end insert--
    ("(  )  leaves any item, whether or not he has an intention to return to it,")
 
106     Page 49, line 19, at end insert--
    ("(  )  has with him any solvent or inflammable gas for the purpose of inhaling the said solvent or gas,")
 
  
BY THE EARL OF MAR AND KELLIE
 
107     Page 49, line 22, leave out ("or sailboard") and insert (", other than a canoe, kayak, sailboard, dinghy, skiff or other manually propelled craft, all of which can be carried to the water,") 
  
BY THE BARONESS BYFORD
THE EARL PEEL
THE LORD GLENTORAN
 
108     Page 49, line 23, leave out ("other than a dog") 
  
BY THE VISCOUNT BLEDISLOE
THE LORD BEAUMONT OF WHITLEY
 
109     Page 49, line 23, at end insert ("in control upon a lead") 
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
THE EARL OF MAR AND KELLIE
THE LORD BEAUMONT OF WHITLEY
 
110     Page 49, line 29, leave out sub-paragraph (h) 
  
BY THE EARL PEEL
 
111     Page 49, line 30, at end insert ("trapping,") 
112     Page 49, line 31, after ("snaring") insert ("(including interfering with the legal practice of any of these pursuits)") 
113     Page 49, line 31, after ("him") insert ("or interferes with") 
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
THE EARL OF MAR AND KELLIE
THE LORD BEAUMONT OF WHITLEY
 
114     Page 49, line 40, leave out from ("where") to end of line 41 and insert ("a notice indicates it must be left open") 
  
BY THE EARL PEEL
 
115     Page 49, line 42, at end insert--
    ("(  )  removes or defaces any notice or sign placed on or adjacent to the land,")
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
116     Page 49, line 43, leave out from ("any") to ("in") in line 44 and insert ("activity lawfully engaged"). 
117     Page 49, line 46, leave out ("those") and insert ("any") 
  
BY THE DUKE OF MONTROSE
 
118     Page 50, line 5, after ("games,") insert ("outdoor meetings or sports arrangements which might cause significant damage or whose arrangements will require that land be cordoned off, as where competitors assemble, or the start or finish of a competition, or other areas where crowds may be expected to gather,") 
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
THE EARL OF MAR AND KELLIE
 
119     Page 50, line 5, after ("camping") insert ("(except bivouacking in an emergency situation)") 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
120     Page 50, line 5, after ("camping") insert ("(including bivouacking and launching a hot air or gaseous balloon)") 
  
BY THE DUKE OF MONTROSE
 
121     Page 50, line 8, after ("commercial") insert ("or military") 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
122     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")
 
123     Page 50, line 13, at end insert--
 
    ("(  )  For the purposes of paragraph 1(q), "organised games" include any team games or any individual sport that requires a pitch or playing area but does not include orienteering.")
 
124     Page 50, leave out line 14 
125     Page 50, line 14, leave out ("Regulations may") and insert ("The Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales) may by order") 
  
BY THE DUKE OF MONTROSE
THE LORD PLUMB
THE LORD SOULSBY OF SWAFFHAM PRIOR
THE COUNTESS OF MAR
 
126     Page 50, line 16, at beginning insert--
 
    ("(  )  Anyone introducing a dog to land on which livestock production is practised in exercise of their rights as provided under section 2(1) must be in possession of a veterinary certificate showing that the dog is regularly undergoing the correct treatment for parasitic infections at the intervals prescribed by a local veterinary surgeon in that area.
 
    (  )  Dogs introduced on land which forms part of an agricultural holding which is subject to a nationally administered health or management scheme must be treated in a manner appropriate to the management and health status of the farm as laid down by the appropriate national body.")
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
127     Page 50, line 16, leave out from beginning to ("section") in line 17 
128     Page 50, line 16, leave out from first ("with") to ("year") in line 17 and insert ("the first day of August in each year and ending with the last day of February in the succeeding") 
  
BY THE LORD WHITTY
 
129     Page 50, line 16, leave out ("30th June") and insert ("31st July") 
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
THE EARL OF MAR AND KELLIE
 
130     Page 50, line 16, leave out ("June") and insert ("July") 
  
BY THE VISCOUNT BLEDISLOE
THE LORD BEAUMONT OF WHITLEY
 
131     Page 50, line 18, leave out ("which is not on a lead") 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
THE LORD BEAUMONT OF WHITLEY
 
132     Page 50, line 18, leave out ("lead") and insert ("fixed lead of less than two metres in length") 
133     [Withdrawn] 
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD GREAVES
THE EARL OF MAR AND KELLIE
 
134     Page 50, line 18, at end insert ("(and in this sub-paragraph "lead" means not longer than two metres)") 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
135     Page 50, line 18, at end insert--
 
    ("(  )  Any person who fails to comply with sub-paragraph (1) above, and who allows a dog--
    (a)  to worry species listed in Schedule 1 to 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 to the 1981 Act, or game, or to chase species listed in that Schedule, or game, in such a way as may reasonably be expected to cause injury or suffering.")
 
136     Page 50, line 19, leave out ("Regulations may") and insert ("The Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales) may by order") 
137     Page 50, line 20, leave out ("regulations") and insert ("order") 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
THE VISCOUNT BLEDISLOE
 
138     Page 50, line 21, leave out paragraph 5 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
THE LORD BEAUMONT OF WHITLEY
 
139     Page 50, line 22, leave out ("lead") and insert ("fixed lead of less than two metres in length") 
  
BY THE EARL PEEL
 
140     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.")
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
141     Page 50, line 25, leave out ("relevant") and insert ("access") 
  
BY THE LORD WHITTY
 
142     Page 50, line 26, leave out ("exclude the application of") and insert ("remove or relax") 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
143     Page 50, line 27, at end insert--
 
    ("(  )  If an exclusion under this paragraph is made with the consent of the tenant under a farm business tenancy or a tenancy to which the Agricultural Holdings Act 1986 applies, it shall terminate on the expiry of that tenancy unless the successor owner consents to its continuance.")
 
144     Page 50, line 27, at end insert--
 
    ("(  )  The owner may revoke his consent (or that of his predecessors in title) upon giving one month's notice to the relevant authority.
 
    (  )  Upon receiving a revocation of consent, the relevant authority shall revoke the direction with effect from the end of the notice period.")
 
145     Page 50, line 32, leave out ("relevant") and insert ("access") 
146     Page 50, line 34, leave out ("Regulations may") and insert ("The Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales) may by order") 
147     Page 50, line 39, leave out ("relevant") and insert ("access") 
  
Clause 3
 
  
BY THE EARL OF CAITHNESS
THE LORD NORTHBROOK
 
148     Page 3, line 4, at end insert--
 
    ("(  )  Before making such an order, the Secretary of State shall consult appropriate bodies.")
 
149     Page 3, line 11, leave out from beginning to ("any") 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
150     Page 3, line 11, leave out from beginning to ("bank") and insert ("any cliff face,") 
151     Page 3, line 12, at end insert--
 
    ("(  )  An order under this section shall not be made unless the Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales) has consulted those interests likely to be affected by the order, has undertaken and published a regulatory impact assessment in relation to the proposed order, and has undertaken and published an assessment of the effects of a proposal for any such order on--
    (a)  the environment, including any effects on the natural beauty, flora, fauna and geological and physiographical features of the land affected,
    (b)  the use and management of land adjacent to the land affected, and
    (c)  flood and coastal defence and coast protection in relation to the land affected.")
 
  
BY THE EARL OF CAITHNESS
 
     The Earl of Caithness gives notice of his intention to oppose the Question that Clause 3 stand part of the Bill. 
  
Clause 4
 
  
BY THE BARONESS FOOKES
 
152     Page 3, line 17, at end insert--
    ("and the first maps so prepared shall include all land in England outside Inner London which is open country on the day that this Act receives Royal Assent.")
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
THE LORD BEAUMONT OF WHITLEY
 
153     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 FOOKES
 
154     Page 3, line 21, at end insert--
    ("and the first maps so prepared shall include all land in Wales which is open country on the day that this Act receives Royal Assent")
 
  
BY THE LORD WILLIAMS OF ELVEL
 
155     Page 3, line 23, at end insert--
 
    ("(  )  A map prepared under this section shall represent, in respect of registered common land, a true, accurate and definitive document, and in preparing a map showing such land the appropriate countryside body shall correct errors in previous registers.")
 
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
THE BARONESS HAMWEE
THE LORD GREAVES
 
156     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
THE LORD GLENTORAN
 
157     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.")
 
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
THE BARONESS HAMWEE
THE LORD GREAVES
 
158     Page 3, line 28, at end insert (", after consultation with the local access forum") 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
159     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,")
 
160     Page 3, line 30, leave out from ("which") to ("would") 
161     Page 3, line 30, after ("small") insert ("or inaccessible") 
  
BY THE EARL OF CAITHNESS
THE LORD NORTHBROOK
 
162     Page 3, line 33, leave out from ("feature") to end of line 35 and insert ("where the effect is to exclude part of an area of open country") 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
163     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
 
164     Page 3, line 35, at end insert (", and
    (  )  may determine to show recommended points of access to open country")
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
165     Page 3, line 35, at end insert (", and
    (  )  may determine not to show as open country areas of land appearing to the body to present a danger to the public such that access should be excluded")
 
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
 
166     Page 3, line 35, at end insert (", and
    (  )  may determine to show excepted land")
 
166A*     Page 3, line 35, at end insert--
    ("(c)  may, where the exact boundaries of an area of registered common land are unknown or unclear, determine that the boundaries to be shown are those that appear to them correct, having regard to available information about the area in question and to physical features on the ground.")
 
 
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