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Countryside and Rights of Way Bill

This is the text of the Countryside and Rights of Way Bill, as amended in Committee in the House of Lords and printed on 16th October 2000.

 
 
  
Countryside and Rights of Way Bill
 
 
 
 
ARRANGEMENT OF CLAUSES

PART I
ACCESS TO THE COUNTRYSIDE
CHAPTER I
RIGHT OF ACCESS
General
Clause 
1.Principal definitions for Part I.
2.Rights of public in relation to access land.
3.Power to extend to coastal land.

Maps
4.Duty to prepare maps.
5.Publication of draft maps.
6.Appeal against map after confirmation.
7.Appeal procedure.
8.Power of Secretary of State or Assembly to delegate functions relating to appeals.
9.Maps in conclusive form.
10.Review of maps.
11.Regulations relating to maps.

Rights and liabilities of owners and occupiers
12.Effect of right of access on rights and liabilities of owners.
13.Occupiers' liability.
14.Offence of displaying on access land notices deterring public use.

Access under other enactments or by dedication
15.Rights of access under other enactments.
16.Dedication of land as access land.

Miscellaneous provisions relating to right of access
17.Byelaws.
18.Wardens.
19.Notices indicating boundaries, etc.

CHAPTER II
EXCLUSION OR RESTRICTION OF ACCESS
20.Interpretation of Chapter II.
21.Exclusion or restriction at discretion of owner and others.
22.Land management.
23.Avoidance of risk of fire or of danger to the public.
24.Nature conservation and heritage preservation.
25.Directions by relevant authority: general.
26.Defence or national security.
27.Reference by relevant advisory body.
28.Appeal by person interested in land.
29.Exclusion or restriction of access in case of emergency.
30.Regulations relating to exclusion or restriction of access.
31.Guidance by countryside bodies to National Park authorities.

CHAPTER III
MEANS OF ACCESS
32.Interpretation of Chapter III.
33.Agreements with respect to means of access.
34.Failure to comply with agreement.
35.Provision of access by access authority in absence of agreement.
36.Appeals relating to notices.
37.Order to remove obstruction.

CHAPTER IV
GENERAL
38.Powers of entry for purposes of Part I.
39.References to public places in existing enactments.
40.Crown application of Part I.
41.Orders and regulations under Part I.
42.Interpretation of Part I.
43.Repeal of previous legislation, and amendments relating to Part I.

PART II
PUBLIC RIGHTS OF WAY AND ROAD TRAFFIC
Public rights of way and definitive maps and statements
44.Redesignation of roads used as public paths.
45.Restricted byway rights.
46.Provisions supplementary to ss. 44 and 45.
47.Private rights over restricted byways.
48.Amendments relating to definitive maps and statements and restricted byways.
49.Restricted byways: power to amend existing legislation.
50.Extinguishment of unrecorded rights of way.
51.Excepted highways and rights of way.
52.Bridleway rights over ways shown as bridleways.
53.Cut-off date for extinguishment etc.

Creation, stopping up and diversion of highways
54.Creation, stopping up and diversion of highways.
55.Application for path creation order for purposes of Part I.
56.Effect of Part I on powers to stop up or divert highways.

Rights of way improvement plans
57.Rights of way improvement plans.
58.Rights of way improvement plans: supplemental.
59.Application of ss. 57 and 58 to inner London.

Removal of obstructions from highways
60.Enforcement of duty to prevent obstruction.
61.Power to order offender to remove obstruction.
62.Overhanging vegetation obstructing horse-riders.

Miscellaneous
63.Making of traffic regulation orders for purposes of conserving natural beauty, etc.
64.Prohibition on driving mechanically propelled vehicles elsewhere than on roads.
65.Erection or improvement of stiles, etc.
66.Reports on functions relating to rights of way.
67.Interpretation of Part II.

PART III
NATURE CONSERVATION AND WILDLIFE PROTECTION
The Nature Conservancy Council for England
68.The Nature Conservancy Council for England: change of name.

Sites of special scientific interest
69.Sites of special scientific interest.
70.Consequential amendments, transitional provisions and savings relating to s. 69.

Ramsar sites
71.Ramsar sites.

Limestone pavement orders
72.Limestone pavement orders: offence.

Payments under certain agreements
73.Payments under agreements under s.16 of 1949 Act or s.15 of 1968 Act.

Powers of entry
74.Powers of entry.

Enforcement of wildlife legislation
75.Enforcement of wildlife legislation.

PART IV
AREAS OF OUTSTANDING NATURAL BEAUTY
76.Designation of areas.
77.Procedure for designation orders.
78.Functions of certain bodies in relation to areas of outstanding natural beauty.
79.Establishment of conservation boards.
80.General purposes and powers.
81.Orders establishing conservation boards.
82.Management plans.
83.Supplementary provisions relating to management plans.
84.Grants to conservation boards.
85.Interpretation of Part IV and supplementary provision.
86.Consequential amendments and transitional provisions.

PART V
MISCELLANEOUS AND SUPPLEMENTARY
Management agreements
87.Power of countryside bodies to enter into management agreements.

Supplementary
88.Wales.
89.Isles of Scilly.
90.Expenses.
91.Repeals.
92.Commencement.
93.Interpretation, short title and extent.
 

SCHEDULES:
    Schedule 1-Excepted land for purposes of Part I.
    Part I-Excepted land.
    Part II-Supplementary provisions.
    Schedule 2-Restrictions to be observed by persons exercising right of access.
    Schedule 3-Delegation of appellate functions.
    Schedule 4-Minor and consequential amendments relating to Part I.
    Schedule 5-Definitive maps and statements and restricted byways.
    Part I-Amendments of Part III of Wildlife and Countryside Act 1981.
    Part II-Amendments of other Acts.
    Schedule 6-Amendments relating to creation, stopping up and diversion of highways.
    Part I-Amendments of Highways Act 1980.
    Part II-Consequential amendments of other Acts.
    Schedule 7-Driving of mechanically propelled vehicles elsewhere than on roads.
    Schedule 8-Amendments consequential on change of name of Nature Conservancy Council for England.
    Schedule 9-Sites of special scientific interest.
    Schedule 10-Consequential amendments relating to sites of special scientific interest.
    Part I-Amendments of Wildlife and Countryside Act 1981.
    Part II-Other amendments.
    Schedule 11-Transitional provisions and savings relating to sites of special scientific interest.
    Schedule 12-Wildlife: amendments of Part I of Wildlife and Countryside Act 1981.
    Schedule 13-Areas of outstanding natural beauty: conservation boards.
    Schedule 14-Supplemental powers of conservation boards.
    Schedule 15-Areas of outstanding natural beauty: consequential amendments and transitional provisions.
    Part I-Consequential amendments.
    Part II-Transitional provisions.
    Schedule 16-Repeals.
    Part I-Access to the countryside.
    Part II-Public rights of way and road traffic.
    Part III-Sites of special scientific interest.
    Part IV-Wildlife.
    Part V-Areas of outstanding natural beauty.
 


 
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Prepared 18 October 2000