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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 Second 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-- 
 Clauses 11 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 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 LORD GREAVES
THE BARONESS MILLER OF CHILTHORNE DOMER
THE BARONESS HAMWEE
[Amendments 73A to 73D are amendments to amendment 73]
 
73A     Line 4, after ("feature,") insert ("or a cliff rockface or quarry face other than a working quarry whether or not a natural feature,") 
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
THE BARONESS HAMWEE
THE LORD GREAVES
 
73B     Line 5, leave out ("when passing over or through") and insert ("from") 
73C     Line 6, leave out ("or gate") and insert (", stile, gate or other access point") 
  
BY THE LORD GREAVES
THE BARONESS MILLER OF CHILTHORNE DOMER
THE BARONESS HAMWEE
 
73D     Line 7, at end insert--
    ("(c)  a risk of that person suffering injury from participation in rock climbing, snow and ice climbing, abseiling or related activities, or
    (d)  a risk resulting from the presence or use of any posts, anchors or other climbing apparatus permanently or temporarily affixed to or placed near to cliffs or rockfaces for the use of persons taking part in climbing, abseiling or related activities whether or not placed by or with the consent of the occupier")
 
  
BY THE EARL PEEL
 
74     Page 8, line 14, leave out ("natural") 
75     [Withdrawn] 
  
BY THE VISCOUNT BLEDISLOE
 
75A     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,") 
  
BY THE EARL PEEL
 
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-- 
     ("  .--(1)  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 (b) 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,")
 
  
After Clause 18
 
  
BY THE VISCOUNT BLEDISLOE
 
96A     Insert the following new Clause-- 
     ("  .--(1)  Where it appears to an access authority that a person has repeatedly or persistently failed to comply with Schedule 2 or with any restriction imposed under Chapter II, or committed an offence or offences and acted in contravention of byelaws on any access land, the access authority shall take such steps as appear to it to be appropriate to prevent or reduce future such failures, offences or breaches.
 
    (2)  For the purposes of subsection (1), an access authority shall be entitled to all such remedies and reliefs as would have been available to the owner of, or any person interested in, that land.")
Failure to comply with Schedule 2, Chapter 2 or byelaws on access land.
  
Clause 19
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
97*     Page 11, line 21, leave out ("may") and insert ("shall, where reasonably practicable") 
  
BY THE EARL PEEL
 
98     Page 11, line 21, after ("may") insert (", after consulting persons interested in the land,") 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
99     Page 11, line 30, at end insert ("in particular where a definitive map in conclusive form is not in existence") 
  
BY THE EARL PEEL
 
100     Page 11, line 30, at end insert--
 
    ("(  )  An access authority shall take such steps and carry out such work (including the erection and maintenance of fences, signs or notices) as appear to it requisite for protecting the public from any source of danger on access land or on adjoining land.")
 
  
BY THE LORD WHITTY
 
101     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
 
102     Page 11, line 34, leave out ("may") and insert ("shall") 
  
BY THE EARL PEEL
 
103     Page 11, line 37, at end insert--
 
    ("(  )  Any person who removes or defaces any notice erected under this section shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 1 on the standard scale.")
 
  
After Clause 19
 
  
BY THE LORD WHITTY
 
104     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.
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
[As an amendment to amendment 104]
 
105     Line 10, leave out ("this Part") and insert ("Parts I to III of this Act") 
 
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