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Session 1999-2000
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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 EARL OF CAITHNESS
 
     Page 1, line 12, at end insert ("and is at least 2 hectares in size") 
     Page 2, line 17, after ("down") insert ("(but excluding land habitually used for the making of hay, silage, or haylage)") 
     Page 2, line 21, at end insert--
 
    ("(3)  It shall be the duty of the appropriate countryside body to set out clear definitions of moor, heath and down.")
 
  
Schedule 1
 
  
BY THE EARL OF CAITHNESS
 
     Page 63, line 8, at end insert--
 
    ("1A.  Land habitually used for the making of hay, silage or haylage.")
 
     Page 63, line 15, at end insert--
 
    ("  .  Land which is habitually used for the making of hay, silage or haylage is not to be treated by virtue of paragraph 1A as excepted land except during the period beginning with 1st March and ending with 30th September in each year.")
 
  
BY THE DUKE OF MONTROSE
THE EARL OF CAITHNESS
 
     Page 63, line 24, at end insert--
 
    ("  .  Land subject to a management agreement under the countryside stewardship scheme, or other environmental protection measures, where the Ministry of Agriculture, Fisheries and Food finds that access is, or liable to be, damaging to the purposes of the scheme.")
 
  
Clause 2
 
  
BY THE EARL OF CAITHNESS
 
     Page 2, line 28, at end insert (", and
    (c)  he observes the byelaws which the access authority shall prescribe")
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
     Page 2, line 39, at end insert--
 
    ("(  )  Where a person repeatedly or persistently fails to comply with Schedule 2 or with any restriction imposed under Chapter II, the access authority may, on application by the owner of the land, or otherwise, seek an exclusion order in respect of that person under section 40A (exclusion orders) of the Powers of Criminal Courts (Sentencing) Act 2000.")
 
     Page 2, line 39, at end insert--
 
    ("(  )  Where on any day a person repeatedly or persistently fails to comply with Schedule 2, or with any restriction imposed under Chapter II, he shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 1 on the standard scale.")
 
  
Schedule 2
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
     Page 65, line 23, at end insert--
 
    ("  .  Any person who fails to comply with any restriction under paragraph 4 or 5, or any other restriction on dogs imposed under Chapter II, is guilty of an offence and liable on summary conviction to a fine not exceeding level 1 on the standard scale.")
 
     Page 65, line 23, at end insert--
 
    (".--(  )  Any person who fails to comply with paragraphs 4 or 5 and who intentionally or recklessly allows a dog to disturb game is guilty of an offence and liable on summary conviction to a fine not exceeding level 1 on the standard scale.
 
    (  )  In this paragraph, "game" includes hares, pheasants, partridges, grouse, heath or moor game, black game, woodcocks and snipes.")
 
  
Clause 3
 
  
BY THE EARL OF CAITHNESS
 
     Page 3, line 4, at end insert--
 
    ("(  )  Before making such an order, the Secretary of State shall consult appropriate bodies.")
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
     Page 3, line 11, leave out paragraph (b) and insert--
    ("(b)  any cliff, bank, barrier, dune, beach or flat which adjoins the foreshore.")
 
  
Clause 4
 
  
BY THE EARL OF CAITHNESS
 
     Page 3, line 33, leave out from ("feature") to second ("to") in line 34 and insert ("where the effect is") 
  
After Clause 10
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
     Insert the following new Clause-- 
     ("  .--(1)  The appropriate countryside body shall prepare "access land information maps" and shall issue these at the same time as any maps issued in draft form under section 5.
 
    (2)  The access information maps shall, in relation to any area of land mapped under section 4--
    (a)  show the possible location of any means of access to the land within the meaning of section 32 of this Act,
    (b)  show the possible location of any notices which might be provided under section 19,
    (c)  show whether areas of land mapped under section 4 are, or are not, accessible from any highway and distinguish between such areas where both occur on the same map,
    (d)  in relation to any registered common land which is included on the map prepared under section 4, indicate whether any such land is--
          (i)  common land within the meaning of section 193(1) of the Law of Property Act 1925;
          (ii)  common land within the meaning of section 193(2) of the Law of Property Act 1925; or
          (iii)  any other registered common land,
 
 and where common land of more than one type occurs on the same map, the access information map shall distinguish between them, 
 
    (e)  show any areas of land which are, in the view of the appropriate countryside body, excepted land within the meaning of Schedule 1,
    (f)  show any areas of land which may, in the view of the appropriate countryside body, need to be subject to directions under section 23(1)(b) for the purpose of avoiding danger to the public.")
Access land information maps.
  
After Clause 16
 
  
BY THE EARL OF CAITHNESS
 
     Insert the following new Clause-- 
 ("VISITOR MANAGEMENT FACILITIES> 
     .--(1)  Where access to access land gives rise to a need for the provision of new or improved visitor management facilities there shall be a duty on the access authority to provide funding for the provision and maintenance of the facility. 
     (2)  Where agreement on the need for such facilities or the cost of providing them cannot be achieved, the parties shall have resort to a dispute resolution process prescribed by the Secretary of State.")Visitor management facilities.
  
Clause 17
 
  
BY THE EARL OF CAITHNESS
 
     Page 10, line 10, at beginning insert--
 
    ("(  )  The appropriate countryside body shall issue draft model byelaws which access authorities may adapt to take account of differing local circumstances.")
 
  
Clause 18
 
  
BY THE EARL OF CAITHNESS
 
     Page 10, line 41, leave out from ("council") to end of line 44 and insert ("shall ensure that access land in their area is wardened, where this may appear to the authority to be necessary or expedient") 
  
After Clause 19
 
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
[As an amendment to the amendment to After Clause 19 printed on sheet HL Bill 116(e)]
 
     Line 10, leave out ("this Part") and insert ("Parts I to III of this Act") 
  
Clause 21
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
     Page 12, line 40, at end insert--
 
    ("(  )  Subject to subsections (2) and (6), an entitled person may, by giving notice to the relevant authority in accordance with regulations under section 30(1)(a), exclude or restrict access by virtue or section 2(1) to any land on a Saturday between August 11th and February 2nd where that land is used commercially for shooting.")
 
  
BY THE LORD WHITTY
 
     Page 13, leave out line 14 
     Page 13, line 18, leave out subsection (7) and insert--
 
    ("(7)  An entitled person may not under this section exclude or restrict access by virtue of section 2(1) to any land--
    (a)  on more than four days in any calendar year which are either Saturday or Sunday,
    (b)  on any Saturday in the period beginning with 1st June and ending with 11th August in any year,
    (c)  on any Sunday in the period beginning with 1st June and ending with 30th September in any year.")
 
  
After Clause 21
 
  
BY THE EARL OF CAITHNESS
[As an amendment to the amendment to After Clause 21 printed on sheet
HL Bill 116(e)
]
 
     Line 2, after ("moor") insert ("  , maintain, heath or down,") 
     Line 3, leave out ("grouse") and insert ("game birds") 
  
Clause 22
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
     Page 13, line 26, after ("land") insert (", or for the conservation of its flora, fauna, or geological or physiographical features,") 
  
Clause 24
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
     Page 15, line 6, at end insert--
    ("(  )  the purpose of preventing erosion of any track across the land which is used by persons exercising the right granted under section 2(1), or for repairing any damage caused by erosion to any such track;")
 
  
Clause 30
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
     Page 18, line 44, leave out ("by persons interested in land,") 
  
After Clause 38
 
  
BY THE EARL OF CAITHNESS
[As an amendment to the amendment to After Clause 38 printed on sheet
HL Bill 116(e)
]
 
     Line 14, leave out paragraphs (a) and (b) and insert--
 
("by the President of the Royal Institution of Chartered Surveyors")
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
     Insert the following new Clause-- 
     ("  .--(1)  Each countryside body shall, within five years after the commencement of this section, and subsequently at intervals of not more than ten years, prepare and publish a statement containing its assessment of--
    (a)  the adequacy of its management, in exercising its duties and powers under Part I of this Act, of each of the matters specified in subsection (2), and
    (b)  the action it proposes to take, if any, to improve its management of these matters.
    (2)  The matters referred to in subsection (1) are--
    (a)  the mapping of access land under Chapter I,
    (b)  discretionary and permitted closures and restrictions under Chapter II,
    (c)  the making of directions under Chapter II,
    (d)  the provision of information to the public in relation to Part I, and
    (e)  any other matters that may be specified in regulations.
    (3)  Before preparing a statement under this section each countryside body shall consult such persons as may be prescribed in regulations.")
Review of exercise of powers and duties in relation to access land by countryside bodies.
     Insert the following new Clause-- 
     ("  .--(1)  Every access authority shall, within five years after the commencement of this section, and subsequently at intervals of not more than ten years, prepare and publish a statement containing the authority's assessment of--
    (a)  the adequacy of the provision it has made in its area, in exercising its duties and powers under Part I of this Act, in relation to each of the matters specified in subsection (2), and
    (b)  the action it proposes to take, if any, to improve the provision which it has made.
    (2)  The matters referred to in subsection (1) are--
    (a)  byelaws made under section 17,
    (b)  wardens appointed under section 18,
    (c)  notices erected under section 19,
    (d)  action taken in relation to means of access under Chapter III,
    (e)  public transport services in relation to access land, and
    (f)  any other matters that may be specified in regulations.
    (3)  Before preparing a statement under this section an authority shall consult such persons as may be prescribed in regulations.")
Review of exercise of powers and duties in relation to access land by access authorities.
 
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