House of Lords portcullis
House of Lords
Session 1999-2000
Publications on the internet
Other Bills before Parliament
Amendments to the Countryside and Rights of Way Bill

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

Here you can browse the Amendments to the Countryside and Rights of Way Bill to be moved on Report in the House of Lords.

Clause 1
     Page 2, line 15, at end insert ("is open and which") 
Schedule 1
     Page 63, line 9, at end insert ("which curtilage shall be deemed to include all land within 30 metres of a building which is a dwelling-house") 
Clause 2
     Page 2, line 30, at end insert--
    ("(  )  Save as hereafter provided, a person is not entitled to enter on access land during the night or to remain on access land during the night unless prevented from leaving it by unforeseen circumstances.
    (  )  If, after proper consultation, it appears to the appropriate countryside body that certain access land is suitable for access at night, it may determine that such land is open for access at night. Any such determination may impose such limitations or conditions as to access at night as appear to it to be appropriate.")
     Page 2, line 30, at end insert--
    ("(  )  An authorised person who believes that any person on access land is or has become a trespasser, or has committed any offence, on that land may require that person to give to him full particulars of his identity.
    (  )  Any person failing, without reasonable excuse, to comply with any such requirement shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 1 on the standard scale.")
     Page 2, line 41, at end insert--
    ("night" means the period from one hour after sunset to one hour before sunrise on the following day,")
     Page 2, line 46, at end insert--
    ("(  )  An "authorised person" means, in relation to any access land, a warden, any person having an interest in the access land or any person duly authorised by any person having any such interest.")
After Clause 2
     Insert the following new Clause-- 
     ("  .--(  )  Where a person persistently fails to comply with any restriction in Schedule 2 relating to dogs on any access land, the access authority or any person interested in that land may seek an exclusion order in respect of that person under section 41 of the Criminal Justice and Court Services Act 2000.
    (  )  Without prejudice to the generality, a person shall be deemed to have persistently failed to comply with a restriction if--
          (i)  having had his attention drawn to a failure by him to comply with a restriction, he fails again to comply with that restriction during the next 24 hours; or
          (ii)  he fails to comply with a restriction on three occasions in any period of twenty-eight days.")
Dog on access land: Compliance with Schedule 2 requirements.
Schedule 2
     Page 64, line 23, at end insert ("which is at all times on a short lead") 
     Page 65, line 13, at end insert--
    ("(  )  a "short lead" means a lead which is a fixed length of not more than two metres")
     Page 65, leave out lines 15 to 23. 
     Page 65, line 24, at end insert--
    ("(  )  Section 2(1) does not apply to a person who at night takes, or allows to enter or remain, any dog.
    (  )  night" means the period from one hour after sunset to one hour before sunrise on the following day.")
Clause 10
     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 the relevant map becomes conclusive 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.")
After Clause 13
     Insert the following new Clause-- 
     (  .--(  )  Any person having an interest in access land shall be entitled to be indemnified for any additional costs and expenses reasonably incurred as a result of the right conferred by section 2(1) or for any liability or loss resulting from the exercise, or purported exercise, of that right, which he cannot practicably recover from any other person.
    (2)  The Secretary of State shall make regulations as to the conditions for entitlement to such indemnity and as to the form and procedure by which such amounts may be recovered.")
Indemnity for costs of access.
After Clause 16
     Insert the following new Clause-- 
     ("  .--(1) Where any land which is open country is overgrown to the extent that its condition is likely to deter the use of that land by any person for the purposes of open air recreation a competent authority may carry out such remedial work on that land as it considers necessary or expedient to restore that land to a condition suitable for such use.
    (2) In the exercise of the power conferred by subsection (1), a duly authorised officer of a competent authority may enter on the land and may take with him such vehicles, machinery and other equipment as may be requisite.
    (3) Before entering on any land a competent authority shall give the owner of the land not less than twenty four hours notice of their intention to do so or, where it is not practicable to ascertain the name and address of the owner, shall affix a notice at a conspicuous position at the boundary of that land.
    (4) A notice under subsection (3) shall specify--
    (a) the land to which it relates;
    (b) the work to be carried out; and
    (c) the date and time when the power to enter on the land will be exercised.
    (5) A competent authority may recover from the owner of any land the amount of any expenses reasonably incurred by the authority in carrying out works on that land to the extent that the owner has received or is entitled to receive any grant or other money from public funds for such works.
    (6) The power under subsection (1) shall not be exercised in respect of the same land by any competent authority more than once in any period of five years.
    (7) In this section "competent authority" means a local authority or--
    (a) in respect of land in England, the Countryside Agency; and
    (b) in respect of land in Wales, the Countryside Council for Wales.")
Power to carry out remedial works.
Clause 21
     Page 13, line 13, at end insert ("more than 10 days in any year which are") 
     Page 13, line 17, at end insert ("or on more than 14 days during August in any year") 
Clause 18
     Page 10, line 41, leave out from beginning to end of line 2 on page 11 and insert--
    ("(1)  Every access authority and district council shall take such steps (whether by the appointment of wardens or otherwise) as appear to it to be necessary or expedient to achieve the purpose set out in subsection (2) as respects access land in their area.
    (2)  The purposes referred to in subsection (1) are--")
House of Lords home page Parliament home page House of Commons home page search page enquiries index

© Parliamentary copyright 2000
Prepared 25 October 2000