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

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Clause 3
 
  
BY THE EARL OF CAITHNESS
 
55     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
 
56     Page 3, line 11, leave out paragraph (b) and insert--
    ("(b)  any cliff, bank, barrier, dune, beach or flat which adjoins the foreshore.")
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
THE EARL OF CAITHNESS
 
57     Leave out Clause 3 
  
Clause 4
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
58     Page 3, line 26, at end insert--
 
    ("(  )  A map prepared under this section shall not show any land which is--
    (a)  semi-improved or improved grassland,
    b)  grassland used for making hay, silage or haylage,
    (c)  grassland managed as part of an arable rotation, or
    (d)  grassland used other than to provide rough grazing for livestock.")
 
59     Page 3, line 26, at end insert--
 
    ("(  )  A map prepared under this section must differentiate any areas of open country which are inaccessible by any highway.")
 
60     Page 3, line 33, leave out from ("feature") to second ("to") in line 34 and insert ("even if the effect is") 
  
BY THE EARL OF CAITHNESS
 
61     Page 3, line 33, leave out from ("feature") to second ("to") in line 34 and insert ("where the effect is") 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
62     Page 3, line 35, at end insert--
    ("  (c)  shall incorporate a minimum of one primary access point per area of open country or, where the boundary of such an area is forty miles or longer, per twenty miles of boundary, and
    (d)  may incorporate secondary access points.
    (  )  In this section--
    (a)  a primary access point shall provide a minimum of--
          (i)  a car park for not less than six vehicles,
          (ii)  toilets, and
          (iii)  an information point;
    (b)  a secondary access point shall provide a minimum of an information point.")
 
  
Clause 5
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
63*     Page 3, line 36, at end insert--
    ("(  )  ensure that conditions binding mapping bodies include reference to advanced publicity and consultation with owner/occupiers' representative organisations,")
 
  
Schedule 3
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
64     Page 67, line 31, leave out ("require") and insert ("allow") 
  
Clause 10
 
  
BY THE LORD ROTHERWICK
 
65     Page 6, line 31, leave out ("ten years") and insert ("twelve months") 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
66     Page 6, line 31, leave out ("ten") and insert ("five") 
  
BY THE LORD ROTHERWICK
 
67     Page 6, line 33, leave out ("ten years") and insert ("twelve months") 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
68     Page 6, line 33, leave out ("ten") and insert ("five") 
  
BY THE BARONESS FOOKES
THE LORD RENTON OF MOUNT HARRY
 
69     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 10
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
70     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.
  
Clause 11
 
  
BY THE LORD WHITTY
 
71     Page 6, line 44, after ("authorities") insert (", local access forums") 
  
Clause 13
 
  
BY THE LORD WHITTY
 
72     Page 8, line 13, after ("owes") insert ("(subject to subsection (6C) below)") 
73     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.")
 
  
BY THE EARL PEEL
 
74*     Page 8, line 14, leave out ("natural") 
75*     Page 8, line 17, after ("origin,") insert ("or any house, building, erection, wall, fence, hedge, gate or stile constructed or retained on the land for the purpose of any natural use of the land,") 
76*     Page 8, line 17, leave out ("natural") 
  
BY THE LORD WHITTY
 
77     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.")
 
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
THE BARONESS HAMWEE
[ As an amendment to amendment 77]
 
78*     Line 4, after ("done") insert ("or omitted to be done") 
  
BY THE DUKE OF MONTROSE
 
79*     Page 8, line 18, at end insert--
 
    ("(  )  In section 5 of the Animals Act 1971 (exceptions from liability for damages done by animals), in subsection (3) after "a person trespassing there" there is inserted "or to a person exercising the right conferred by section 2(1) of the Countryside and Rights of Way Act 2000 in relation to land which is access land for the purpose of Part I of that Act,".")
 
  
After Clause 13
 
  
BY THE VISCOUNT BLEDISLOE
THE LORD BRITTAN OF SPENNITHORNE
 
80     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.
  
Clause 14
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
81     Page 8, line 32, leave out ("3") and insert ("2") 
  
Clause 16
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
82*     Page 9, line 23, leave out paragraph (6) and insert--
    ("(b)  any other contractual interest in any of that land,")
 
  
After Clause 16
 
  
BY THE BARONESS FOOKES
 
83     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.
  
BY THE EARL OF CAITHNESS
 
84     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
 
85     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.")
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
86     Page 10, line 16, at end insert ("or the owner or occupier") 
  
BY THE LORD WHITTY
 
87     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
 
88     Page 10, line 22, at end insert ("by those acting in accordance with the nature of that right") 
  
BY THE LORD WHITTY
 
89     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
 
90     Page 10, line 39, after ("district") insert ("or parish") 
  
Clause 18
 
  
BY THE VISCOUNT BLEDISLOE
THE BARONESS BYFORD
 
91     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--")
 
  
BY THE EARL OF CAITHNESS
 
92     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") 
  
BY THE EARL PEEL
 
93*     Page 10, line 41, leave out ("may") and insert ("shall") 
  
BY THE LORD WHITTY
 
94     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.")
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
THE EARL PEEL
 
95     Page 11, line 3, leave out ("and with the general restrictions in Schedule 2") and insert ("with Schedule 2, with any restriction imposed under Chapter II, and with the law") 
  
BY THE LORD WHITTY
 
96     Page 11, line 4, at end insert-- 
 ("and any other restrictions imposed under Chapter II, 
 
    (aa)  to enforce any exclusion imposed under Chapter II,")
 
 
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