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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 Marshalled List of Amendments to the Countryside and Rights of Way Bill to be moved on Report in the House of Lords.

     The amendments have been marshalled in accordance with the Order of 20th October 2000, as follows-- 
 Clause 1
Schedule 1
Clause 2
Schedule 2
Clauses 3 to 8
Schedule 3
Clauses 9 to 43
Schedule 4
Clauses 44 to 48
Schedule 5
Clauses 49 to 54
Schedule 6
Clauses 55 to 64
Schedule 7
Clauses 65 to 68
Schedule 8
Clause 69
Schedule 9
Clause 70
Schedules 10 and 11
Clauses 71 to 75
Schedule 12
Clauses 76 to 79
Schedule 13
Clause 80
Schedule 14
Clauses 81 to 86
Schedule 15
Clauses 87 to 91
Schedule 16
Clauses 92 and 93
 
 [Amendments marked * are new or have been altered] 
Amendment
No.
 
  
Clause 1
 
  
BY THE EARL OF CAITHNESS
 
1     Page 1, line 12, at end insert ("and is at least 2 hectares in size") 
  
BY THE VISCOUNT BLEDISLOE
 
2     Page 2, line 15, at end insert ("is open and which") 
  
BY THE EARL OF CAITHNESS
 
3     Page 2, line 17, after ("down") insert ("(but excluding land habitually used for the making of hay, silage or haylage)") 
  
BY THE LORD WHITTY
 
4     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.")
 
  
BY THE EARL OF CAITHNESS
 
5     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
 
6     Page 63, line 8, at end insert--
 
    ("1A.  Land habitually used for the making of hay, silage or haylage.")
 
  
BY THE EARL PEEL
 
7*     Page 63, line 8, at end insert--
 
    ("  .  Agricultural land, other than such land which is agricultural land by reason only that it affords rough grazing for livestock.")
 
8*     Page 63, line 8, at end insert--
 
    ("  .  Woodland or forest which is fenced against access land which adjoins or surrounds it.")
 
  
BY THE VISCOUNT BLEDISLOE
 
9     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") 
  
BY THE EARL PEEL
 
10*     Page 63, line 9, at end insert ("and in any case the curtilage shall extend for not less than 20 metres from any such building in every direction") 
  
BY THE LORD WHITTY
 
11     Page 63, line 9, at end insert--
 
    ("2A.  Land within 20 metres of a dwelling.")
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
12     Page 63, line 10, at end insert ("or allotment") 
  
BY THE EARL OF CAITHNESS
 
13     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 LORD WHITTY
 
14     Page 63, line 22, at end insert--
 
    ("9A.  Land habitually used for the training of racehorses.")
 
  
BY THE LORD HARDY OF WATH
 
15     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 DUKE OF MONTROSE
THE EARL OF CAITHNESS
 
16     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.")
 
  
BY THE LORD WHITTY
 
17     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 EARL OF CAITHNESS
 
18     Page 2, line 28, at end insert (", and
    (c)  he observes the byelaws which the access authority shall prescribe")
 
  
BY THE VISCOUNT BLEDISLOE
THE BARONESS BYFORD
 
19     Page 2, line 30, at end insert--
 
    ("(  )  Save as hereinafter 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, and any such determination may impose such limitations or conditions as to access at night as appear to it to be appropriate.")
 
20     Page 2, line 30, at end insert--
 
    ("(2A)  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.
 
    (2B)  Any person failing, without reasonable excuse, to comply with the requirement in subsection (2A) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 1 on the standard scale.")
 
  
BY THE LORD WHITTY
 
21     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.")
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
22     Page 2, line 38, leave out ("remainder of that day") and insert ("next seventy-two hours") 
23     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 seek an exclusion order in respect of that person under section 43 (exclusion orders) of the Criminal Justice and Court Services Act 2000.")
 
24     Page 2, line 39, at end insert--
 
    ("(  )  A person who refuses to comply with an instruction from any person acting with lawful authority to enforce Schedule 2 or any restriction imposed under Chapter II, shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 1 on the standard scale.")
 
25     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.")
 
26     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.")
 
  
BY THE LORD WHITTY
 
27     Page 2, leave out line 41 
  
BY THE VISCOUNT BLEDISLOE
 
28     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;")
 
29     Page 2, line 46, at end insert--
    (""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
 
  
BY THE LORD ROBERTS OF CONWY
 
30     Insert the following new Clause-- 
     ("  .--(1)  A person who intends to enter or to remain on access land during any part of the period from one hour after sunset on one day to one hour before sunrise on the following day shall give prior notice of that intention to the access authority.
 
    (2)  The access authority shall take such steps as seem to it appropriate and practicable to--
    (a)  communicate to any person giving such notice information as to restrictions relating to, and activities to be carried out on, such land, and
    (b)  enable owners and other persons interested in access land to obtain information as to notices which have been given.")
Intention to remain on access land: obligation to give notice.
  
Schedule 2
 
  
BY THE LORD WHITTY
 
31     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--") 
  
BY THE VISCOUNT BLEDISLOE
THE BARONESS BYFORD
 
32     Page 64, line 23, at end insert ("which is at all times on a short lead") 
  
BY THE LORD WHITTY
 
33     Page 64, line 28, at end insert--
    ("(ga)  feeds any livestock,")
 
  
BY THE EARL PEEL
 
34*     Page 64, line 32, after ("him") insert ("or interferes with") 
35*     Page 64, line 33, after ("fishing,") insert ("trapping,") 
  
BY THE LORD WHITTY
 
36     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,")
 
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
THE BARONESS HAMWEE
 
37*     Page 64, line 38, at end insert--
    ("(  )  without reasonable excuse, interferes with any written warning or other notice,")
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
THE LORD MONSON
 
38     Page 65, line 4, at end insert--
    ("(  )  feeds any animal that is lawfully grazed on the land,")
 
39     Page 65, line 4, at end insert--
    ("(  )  except in cases of emergency or with other reasonable excuse, tampers with any mine shaft cover, protective guard, fence or similar installation designed to safeguard the public or livestock,")
 
  
BY THE EARL PEEL
 
40*     Page 65, line 4, at end insert--
    ("(  )  intentionally or recklessly damages the land,
    (  )  intentionally or recklessly damages any other thing on or in the land,
    (  )  breaks through any gate, hedge, fence or wall,
    (  )  deposits any rubbish or leaves litter,
    (  )  engages in riotous, disorderly or indecent conduct,")
 
  
BY THE VISCOUNT BLEDISLOE
THE BARONESS BYFORD
 
41     Page 65, line 13, at end insert--
    ("(  )  in paragraph 1(c), "short lead" means a lead which is a fixed length of not more than two metres")
 
42*     Page 65, line 13, at end insert--
 
    ("  .--(  )  Where a person persistently fails to comply with any restriction in this Schedule 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 43 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.")
 
43     Page 65, leave out lines 15 to 23 
  
BY THE LORD WHITTY
 
44     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
 
45     Page 65, line 18, at end insert ("unless it is with the permission of the owner or occupier of the land") 
  
BY THE EARL PEEL
 
46*     Page 65, line 18, at end insert ("of less than two metres in length") 
  
BY THE LORD WHITTY
 
47     Page 65, line 19, leave out sub-paragraph (2) 
48     Page 65, line 21, leave out ("apply to a person who") and insert ("entitle a person to be on any land if he") 
  
BY THE EARL PEEL
 
49*     Page 65, line 22, after ("lead") insert ("of less than two metres in length") 
  
BY THE VISCOUNT BLEDISLOE
THE BARONESS BYFORD
 
50     Page 65, line 23, at end insert--
 
    ("(2)  Section 2(1) does not apply to a person who at night takes onto the land in question, or allows to enter or remain on that land, any dog.
 
    (3)  In sub-paragraph (2), "night" means the period from one hour after sunset to one hour before sunrise on the following day.")
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
THE LORD MONSON
 
51     Page 65, line 23, at end insert--
 
    ("  .  Section 2(1) does not apply to a person who, between the hours of sunset and sunrise, takes on to access land, or allows to enter or remain on access land, any dog.")
 
52     Page 65, line 23, at end insert--
 
    ("  .  All dogs shall be kept on rights of way by their owners at all times on access land.")
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
THE EARL PEEL
THE LORD MONSON
 
53     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.")
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
THE LORD MONSON
 
54     Page 65, line 23, at end insert--
 
    (".--(  )  Any person who fails to comply with paragraph 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.")
 
 
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