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

back to previous amendments
 
  
Clause 5
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
167     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
 
168     Page 3, line 37, at beginning insert ("after consultation with local access fora in their area,") 
  
BY THE LORD JUDD
THE BARONESS LOCKWOOD
THE BARONESS GALE
 
169     Page 3, line 37, at beginning insert ("by the end of the period of 32 months beginning with the day on which this Act is passed,") 
170     Page 3, line 38, leave out ("the prescribed period") and insert ("a period of six months beginning with the day on which the map is issued in draft form") 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
171     Page 4, line 3, at end insert--
 
    ("(2)  The prescribed period for the purposes of subsection (1)(b) shall not be less than six weeks from when the draft map was first issued.")
 
  
BY THE LORD JUDD
THE BARONESS LOCKWOOD
THE BARONESS GALE
 
172     Page 4, line 3, at end insert--
 
    ("(  ) Whether the map is confirmed with or without modifications, the map in provisional form shall be issued by the appropriate countryside body no later than six months after the expiry of the period during which representations may be received in respect of the map in draft form under subsection (1)(b).")
 
  
Clause 6
 
  
    
 
173     [Withdrawn] 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
174     Page 4, line 4, at end insert ("to the Agricultural Land Tribunal") 
175     Page 4, line 5, leave out paragraphs (a) and (b) 
  
BY THE LORD JUDD
THE BARONESS LOCKWOOD
THE BARONESS GALE
THE BARONESS MILLER OF CHILTHORNE DOMER
 
176     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
 
177     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")
 
178     Page 4, line 14, leave out ("wholly or predominantly") 
  
BY THE LORD JUDD
THE BARONESS LOCKWOOD
THE BARONESS GALE
 
179     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.")
 
180     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
 
181     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
 
182     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
THE BARONESS LOCKWOOD
THE BARONESS GALE
 
183     Page 51, line 39, leave out ("either of the parties") and insert ("any party") 
184     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
 
185     Page 5, line 27, after ("brought") insert ("(and no representations have been made by the local access forum and not settled)") 
186     Page 5, line 32, after ("shall") insert (", after consulting the local access forum,") 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
THE LORD LUKE
 
186A*     Page 5, line 32, after ("shall") insert ("give not less than six months' notice that it will") 
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
THE BARONESS HAMWEE
THE LORD GREAVES
 
187     Page 5, line 39, after ("shall") insert (", after consulting the local access forum,") 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
THE LORD LUKE
 
187A*     Page 5, line 42, after ("shall") insert ("give not less than six months' notice that it will") 
  
Clause 10
 
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD ADDINGTON
 
188     Page 6, line 31, leave out ("ten") and insert ("five") 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
189     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 FOOKES
 
190     Page 6, line 34, at end insert--
 
    ("(  )  No land which is shown as open country on a map in conclusive form shall cease to be shown as such in any subsequent version of that map unless public access to that land has been extinguished by development for which planning permission has been granted under the Town and Country Planning Act 1990 or is deemed to have been granted under that Act or any other enactment.
 
    (  )  No land which was not open country on the day that this Act received Royal Assent shall, without the consent of the owner of that land, be shown on as open country on any map prepared as a consequence of a review under this section.")
 
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD ADDINGTON
 
191     Page 6, line 35, leave out subsection (3) 
192     Page 6, line 37, leave out ("other") and insert ("shorter") 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
193     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
 
194     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
THE BARONESS LOCKWOOD
THE BARONESS GALE
 
195     Page 7, line 6, leave out ("the period within which and") 
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD ADDINGTON
THE LORD GREAVES
 
196     Page 7, line 9, at end insert--
    ("(  )  the features that must appear on the map,")
 
  
After Clause 11
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
THE LORD LUKE
 
196A*     Insert the following new Clause-- 
     ("  .--(1)  If any person having an interest in any land wishes to ascertain whether that land is excepted land he may make an application for that purpose to the appropriate countryside body specifying the land.
 
    (2)  If the appropriate countryside body considers that the land, or part of it, is neither open country, registered common land, nor is dedicated for the purposes of this Part under section 16, the body shall make a declaration to that effect.
 
    (3)  Subject to subsection (2), if, on an application under this section, the appropriate countryside body consider that the land was excepted land at the time of the application, the body shall issue a certificate to that effect.
 
    (4)  Subject to subsection (2), if the appropriate countryside body consider that part of the land the subject of the application was excepted land at the time of the application, they shall issue a certificate in respect of that part.
 
    (5)  A certificate under this section shall--
    (a)  specify the land to which it relates,
    (b)  give reasons for determining that the land is excepted land,
    (c)  specify the date of the application for the certificate.
    (6)  It shall be conclusively presumed that land which is the subject of a certificate under this section was excepted land on the date of the application for the certificate.
 
    (7)  Regulations may make provision supplementing the provisions of this section.")
Excepted land certificate.
196B*     Insert the following new Clause-- 
     ("  .--(1)  Where an application is made for a certificate under section (Excepted land certificate) in respect of any land and--
    (a)  the application is refused, or refused in part, or
    (b)  the appropriate countryside body do not give notice to the applicant of their decision on the application within the prescribed period, or such extended period as may at any time be agreed upon in writing between the applicant and the body,
the applicant may appeal to the Agricultural Land Tribunal unless that land is the subject of a statement under subsection (2) of that section.
 
    (2)  On an appeal under this section, the Tribunal shall--
    (a)  if a certificate has not been issued in respect of the application, and it considers that the land the subject of the application, or part of it, was excepted land at the time of the application, issue a certificate to that effect,
    (b)  if a certificate has been issued in respect of the application, and it considers that other land the subject of the application but not included in the certificate was excepted land at the time of the application, amend the certificate to that effect,
and shall otherwise dismiss the appeal.")
Appeals against refusal or failure to give decision on application.
  
Clause 13
 
  
BY THE LORD WHITTY
 
197     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
 
198     Page 8, line 17, leave out ("natural") 
  
BY THE DUKE OF MONTROSE
THE COUNTESS OF MAR
 
199     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
 
200     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
THE LORD LUKE
 
200A*     Page 8, line 18, at end insert ("or the presence of any livestock") 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
201     Page 8, leave out lines 19 to 21 
202     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
 
203     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
 
204     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.
 
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