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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
 
  
BY THE LORD WHITTY
 
     Page 2, leave out lines 19 to 21 and insert--
 
    ("(3)  In this Part "registered common land" means--
    (a)  land which is registered as common land under the Commons Registration Act 1965 (in this section referred to as "the 1965 Act") and whose registration under that Act has become final, or
    (b)  subject to subsection (4), land which fell within paragraph (a) on the day on which this Act is passed or at any time after that day but has subsequently ceased to be registered as common land under the 1965 Act on the register of common land in which it was included being amended by reason of the land having ceased to be common land within the meaning of that Act.
    (4)  Subsection (3)(b) does not apply where--
    (a)  the amendment of the register of common land was made in pursuance of an application made before the day on which this Act is passed, or
    (b)  the land ceased to be common land by reason of the exercise of--
          (i)  any power of compulsory purchase, of appropriation or of sale which is conferred by an enactment,
          (ii)  any power so conferred under which land may be made common land within the meaning of the 1965 Act in substitution for other land.")
 
  
Schedule 1
 
  
BY THE LORD WHITTY
 
     Page 63, line 9, at end insert--
 
    ("2A.  Land within 20 metres of a dwelling.")
 
     Page 63, line 22, at end insert--
 
    ("9A.  Land habitually used for the training of racehorses.")
 
  
BY THE LORD HARDY OF WATH
 
     Page 63, line 24, at end insert--
 
    ("  .  Land within a recognised nature reserve where public access could destroy or damage protected fauna or flora.")
 
  
BY THE LORD WHITTY
 
     Page 64, line 15, at end insert--
 
    ("13.  Land which is habitually used for the training of racehorses is not to be treated by virtue of paragraph 9A as excepted land except--
    (a)  between dawn and midday on any day, and
    (b)  at any other time when it is in use for that purpose.")
 
  
Clause 2
 
  
BY THE LORD WHITTY
 
     Page 2, leave out line 41 
     Page 2, line 35, leave out subsection (4) and insert--
 
    ("(4)  If a person becomes a trespasser on any access land by failing to comply with--
    (a)  subsection (1)(a),
    (b)  the general restrictions in Schedule 2, or
    (c)  any other restrictions imposed in relation to the land under Chapter II,
he may not, within 72 hours after leaving that land, exercise his right under subsection (1) to enter that land again or to enter other land in the same ownership.")
 
  
Schedule 2
 
  
BY THE LORD WHITTY
 
     Page 64, line 19, leave out from ("not") to end of line and insert ("entitle a person to be on any land if, in or on that land, he-") 
     Page 64, line 28, at end insert--
    ("(ga)  feeds any livestock,")
 
     Page 64, line 38, at end insert--
    ("(la)  without reasonable excuse, interferes with any fence, barrier or other device designed to prevent accidents to people or to enclose livestock,")
 
     Page 65, line 17, leave out ("apply to a person who") and insert ("entitle a person to be on any land if he") 
  
BY THE LORD HARDY OF WATH
 
     Page 65, line 18, at end insert ("unless it is with the permission of the owner or occupier of the land") 
  
BY THE LORD WHITTY
 
     Page 65, line 19, leave out sub-paragraph (2) 
     Page 65, line 21, leave out ("apply to a person who") and insert ("entitle a person to be on any land if he") 
  
Clause 3
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
     Leave out Clause 3 
  
Clause 10
 
  
BY THE LORD ROTHERWICK
 
     Page 6, line 31, leave out ("ten years") and insert ("twelve months") 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
     Page 6, line 31, leave out ("ten") and insert ("five") 
  
BY THE LORD ROTHERWICK
 
     Page 6, line 33, leave out ("ten years") and insert ("twelve months") 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
     Page 6, line 33, leave out ("ten") and insert ("five") 
  
Clause 11
 
  
BY THE LORD WHITTY
 
     Page 6, line 44, after ("authorities") insert (", local access forums") 
  
Clause 13
 
  
BY THE LORD WHITTY
 
     Page 8, line 13, after ("owes") insert ("(subject to subsection (6C) below)") 
     Page 8, line 14, leave out from first ("of") to end of line 15 and insert--
    ("(a)  a risk resulting from the existence of any natural feature of the landscape, or any river, stream, ditch or pond whether or not a natural feature, or
    (b)  a risk of that person suffering injury when passing over or through any wall, fence or gate, except by proper use of the gate or of a stile.")
 
     Page 8, line 18, at end insert--
        ("(6C)  Subsection (6A) does not prevent an occupier from owing a duty by virtue of this section in respect of any risk where the danger concerned is due to anything done by the occupier--
      (a)  with the intention of creating that risk, or
      (b)  being reckless as to whether that risk is created."
    (3)  After section 1 of that Act there is inserted--
 
 Special considerations relating to access land.     1A.  In determining whether any and if so what duty is owed by virtue of section 1 by an occupier of land at any time when the right conferred by section 2(1) of the Countryside and Rights of Way Act 2000 is exercisable in relation to the land, regard is to be had, in particular, to--
    (a)  the fact that the existence of that right ought not to place an undue burden (whether financial or otherwise) on the occupier,
    (b)  the importance of maintaining the character of the countryside, including features of historic, traditional or archaeological interest, and
    (c)  any relevant guidance given under section (Codes of conduct and other information) of that Act.")
 
  
Clause 14
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
     Page 8, line 32, leave out ("3") and insert ("2") 
  
Clause 17
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
     Page 10, line 16, at end insert ("or the owner or occupier") 
  
BY THE LORD WHITTY
 
     Page 10, line 20, at end insert (", and
    (b)  any local access forum established for an area to which the byelaws relate.")
 
  
BY THE LORD HARDY OF WATH
 
     Page 10, line 22, at end insert ("by those acting in accordance with the nature of that right") 
  
BY THE LORD WHITTY
 
     Page 10, line 36, at end insert--
 
    ("(6A)  Byelaws under this section relating to any land--
    (a)  may not be made unless the land is access land or the access authority are satisfied that it is likely to become access land, and
    (b)  may not be confirmed unless the land is access land.")
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
     Page 10, line 39, after ("district") insert ("or parish") 
  
Clause 18
 
  
BY THE LORD WHITTY
 
     Page 10, line 44, at end insert--
 
    ("(1A)  As respects access land in an area for which there is a local access forum, an access authority shall, before they first exercise the power under subsection (1) and thereafter from time to time, consult the local access forum about the exercise of that power.")
 
     Page 11, line 4, at end insert-- 
 ("and any other restrictions imposed under Chapter II, 
 
    (aa)  to enforce any exclusion imposed under Chapter II,")
 
  
Clause 19
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
     Page 11, line 21, leave out ("may") and insert ("shall") 
     Page 11, line 30, at end insert ("in particular where a definitive map in conclusive form is not in existence") 
  
BY THE LORD WHITTY
 
     Page 11, line 33, at end insert--
 
    ("(2A)  Before erecting a notice on any land under subsection (1) the access authority shall, if reasonably practicable, consult the owner or occupier of the land.")
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
     Page 11, line 34, leave out ("may") and insert ("shall") 
  
After Clause 19
 
  
BY THE LORD WHITTY
 
     Insert the following new Clause-- 
     ("  .--(1)  In relation to England, it shall be the duty of the Countryside Agency to issue, and from time to time revise, a code of conduct for the guidance of persons exercising the right conferred by section 2(1) and of persons interested in access land, and to take such other steps as appear to them expedient for securing--
    (a)  that the public are informed of the situation and extent of, and means of access to, access land, and
    (b)  that the public and persons interested in access land are informed of their respective rights and obligations under this Part.
    (2)  In relation to Wales, it shall be the duty of the Countryside Council for Wales to issue, and from time to time revise, a code of conduct for the guidance of persons exercising the right conferred by section 2(1) and of persons interested in access land, and to take such other steps as appear to them expedient for securing the results mentioned in paragraphs (a) and (b) of subsection (1).
 
    (3)  A code of conduct issued by the Countryside Agency or the Countryside Council for Wales may include provisions in pursuance of subsection (1) or (2) and in pursuance of section 86(1) of the National Parks and Access to the Countryside Act 1949.
 
    (4)  The powers conferred by subsections (1) and (2) include power to contribute towards expenses incurred by other persons.")
Codes of conduct and other information.
  
Clause 20
 
  
BY THE LORD WHITTY
 
     Page 12, line 9, after ("Chapter") insert (", except section (Dogs on certain land)(1),") 
  
Clause 21
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
     Page 13, line 4, leave out ("twenty-eight") and insert ("thirty-eight") 
     Page 13, line 18, leave out subsection (7) 
  
After Clause 21
 
  
BY THE LORD WHITTY
 
     Insert the following new Clause-- 
     ("  .--(1)  The owner of any land consisting of moor managed for the breeding and shooting of grouse may, so far as appears to him to be necessary in connection with the management of the land for that purpose, by taking such steps as may be prescribed, provide that, during a specified period, the right conferred by section 2(1) is exercisable only by persons who do not take dogs on the land.
 
    (2)  The owner of any land may, so far as appears to him to be necessary in connection with lambing, by taking such steps as may be prescribed, provide that during a specified period the right conferred by section 2(1) is exercisable only by persons who do not take dogs into any field or enclosure on the land in which there are sheep.
 
    (3)  In subsection (2) "field or enclosure" means a field or enclosure of not more than 15 hectares.
 
    (4)  As respects any land--
    (a)  any period specified under subsection (1) may not be more than five years,
    (b)  not more than one period may be specified under subsection (2) in any calendar year, and that period may not be more than six weeks.
    (5)  A restriction imposed under subsection (1) or (2) does not prevent a blind person from taking with him a trained guide dog, or a deaf person from taking with him a trained hearing dog.")
Dogs on certain land.
  
Clause 22
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
     Page 13, line 42, leave out paragraph (c) 
  
Clause 24
 
  
BY THE LORD WHITTY
 
     Page 15, line 23, leave out ("the Nature Conservancy Council for England") and insert ("English Nature") 
  
Clause 25
 
  
BY THE LORD WHITTY
 
     Page 15, line 35, at beginning insert--
 
    ("  .--(  )  Before giving a direction under section 22, 23 or 24 in relation to land in an area for which there is a local access forum so as to exclude or restrict access to the land--
    (a)  indefinitely, or
    (b)  during a period which exceeds, or may exceed, six months,
the relevant authority shall consult the local access forum.")
 
  
Clause 30
 
  
BY THE LORD WHITTY
 
     Page 18, line 26, at end insert--
    ("(aa)  as to the steps to be taken under section (Dogs on certain land)(1) and (2),")
 
 
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Prepared 26 October 2000