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

back to previous amendments
 
  
Clause 20
 
  
BY THE LORD WHITTY
 
106     Page 12, line 9, after ("Chapter") insert (", except section (Dogs on certain land)(1),") 
107     [Renumbered as amendment 117A] 
  
Clause 21
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
108     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.")
 
109     Page 13, line 4, leave out ("twenty-eight") and insert ("thirty-eight") 
110     Page 13, line 5, leave out from beginning to ("must") and insert ("Regulations made under subsection (3)(b)") 
111     Page 13, line 11, leave out ("twenty-eight") and insert (thirty-eight") 
  
BY THE VISCOUNT BLEDISLOE
 
112     Page 13, line 13, at end insert ("more than 10 days in any year which are") 
  
BY THE LORD WHITTY
 
113     Page 13, leave out line 14 
  
BY THE EARL PEEL
 
114     Page 13, line 14, after ("Saturday") insert (", save for a total of no more than 8 days in any one year for the purposes of shooting,") 
  
BY THE VISCOUNT BLEDISLOE
 
115     Page 13, line 17, at end insert ("or on more than 14 days during August in any year") 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
116     Page 13, line 18, leave out subsection (7) 
  
BY THE LORD WHITTY
 
117     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.")
 
  
BY THE LORD GREAVES
THE BARONESS MILLER OF CHILTHORNE DOMER
THE BARONESS HAMWEE
 
117A*     Page 13, line 20, at end insert--
 
    ("(  )  An entitled person may not under this section exclude or restrict access in such a manner as to prevent reasonable access by the public to other access land whether or not in the same ownership.")
 
  
BY THE LORD DUBS
 
117B     Page 13, line 20, at end insert--
 
    ("(8)  Regulations may provide that any exclusion or restriction under subsection (1) of access by virtue of section 2(1) to any land must relate to an area of land the boundaries of which are determined in accordance with the regulations.")
 
  
After Clause 21
 
  
BY THE LORD WHITTY
 
118     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.
  
BY THE EARL OF CAITHNESS
[Amendments 119 and 120 are amendments to amendment 118]
 
119     Line 2, after ("moor") insert (", mountain, heath or down,") 
120     Line 3, leave out ("grouse") and insert ("game birds") 
  
Clause 22
 
  
BY THE EARL PEEL
 
121     Page 13, line 21, leave out ("may") and insert ("shall") 
122     Page 13, line 25, leave out ("necessary") and insert ("expedient") 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
123     Page 13, line 26, after ("management") insert ("or utilisation") 
124     Page 13, line 26, after ("land") insert (", or for the conservation of its flora, fauna, or geological or physiographical features,") 
  
BY THE VISCOUNT BLEDISLOE
 
124A     Page 13, line 26, at end insert ("or for the prevention and diminuation of harm to the land, or to any person living on or interested in the land, and to any animal on the land") 
124B     Page 13, line 29, after ("year,") insert--
    ("(  )  a specified part of the day or of certain specified days,")
 
  
BY THE EARL PEEL
 
125     Page 13, line 36, leave out ("necessary") and insert ("expedient") 
  
BY THE VISCOUNT BLEDISLOE
 
125A     Page 13, line 37, leave out ("for the purposes of land management") 
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
THE BARONESS HAMWEE
 
126     Page 13, line 37, after ("management") insert ("by the applicant") 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
127     Page 13, line 42, leave out paragraph (c) 
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
THE BARONESS HAMWEE
 
128     Page 13, line 42, at end insert (", and
    (d)  the opportunities available to the applicant in question to undertake the land management required")
 
  
BY THE LORD GREAVES
THE BARONESS MILLER OF CHILTHORNE DOMER
THE BARONESS HAMWEE
 
129     Page 13, line 42, at end insert (", and
    (  )  the extent to which the exclusion or restriction would prevent reasonable access by the public to other access land whether or not in the same ownership")
 
  
Clause 23
 
  
BY THE EARL PEEL
 
130     Page 14, line 4, leave out ("exceptional conditions of weather") and insert ("combination of the conditions of the weather, the ground or the vegetation on the land") 
  
Clause 24
 
  
BY THE EARL PEEL
 
131     Page 14, line 39, leave out ("necessary") and insert ("expedient") 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
132     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;")
 
  
BY THE LORD GREAVES
THE BARONESS MILLER OF CHILTHORNE DOMER
THE BARONESS HAMWEE
 
133     Page 15, line 18, at end insert--
 
    ("(  )  In considering whether to give a direction under this section the relevant body shall have regard to the extent to which it is possible to provide reasonable access by the public to other access land whether or not in the same ownership.")
 
  
BY THE LORD WHITTY
 
134     Page 15, line 23, leave out ("the Nature Conservancy Council for England") and insert ("English Nature") 
  
Clause 25
 
  
BY THE LORD WHITTY
 
135     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
 
136     Page 18, line 26, at end insert--
    ("(aa)  as to the steps to be taken under section (Dogs on certain land)(1) and (2),")
 
137     [Withdrawn] 
  
Clause 31
 
  
BY THE LORD ROTHERWICK
 
138     Page 19, line 37, at end insert--
 
    ("(  )  Guidance under this section shall be made as widely available and accessible to the public and other bodies as is practically possible and shall include, in particular, information relating to--
    (a)  new routes, diversions, closures, hazards, exclusions and other circumstances which alter the access available under section 2 of this Act;
    (b)  circumstances as described in paragraph (a), which impede access, arise suddenly, and which, for reasons of publication, fail to appear on conclusive maps;
    (c)  names of access authorities;
    (d)  codes of practice and behaviour which relate to access land;
    (e)  byelaws which relate to dogs;
    (f)  byelaws, which relate to environmental, health, safety and emergency issues;
    (g)  other local byelaws relating to access land;
    (h)  other details which relate to and update the conclusive map;
    (i)  other details which appear on the conclusive map but which, for reasons of public safety and wildlife conservation, should be further advertised and explained to those who access land.
    (  )  Where the Countryside Agency or the Countryside Council for Wales issues any guidance under this section, they shall also publish information on mechanisms which they have put in place for the purpose of disseminating the guidance under this section; this information may relate to, in particular--
    (a)  any warning systems (where it is practical to install them) which provide emergency information on hazards, the location of hazards, and other environmental, health and safety issues;
    (b)  any communication systems such as websites, telephone numbers and fax capabilities which supply up-to-date information on access, including any alterations to the information referred to in this section;
    (c)  any information partnerships which exist between land managers and access authorities, and between access authorities and the public.")
 
  
Clause 32
 
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
THE BARONESS HAMWEE
THE LORD GREAVES
 
138A     Page 20, line 5, after ("land)") insert ("or on the land") 
138B     Page 20, line 7, after ("on") insert ("or proceed across") 
  
Clause 35
 
  
BY THE LORD WHITTY
 
139     Page 21, line 26, after ("land") insert (", or to other access land,") 
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
THE BARONESS HAMWEE
THE LORD GREAVES
 
139A     Page 21, line 30, at end insert--
 
("or the access authority are satisfied that any means of access to or on access land has been removed or became or been made dangerous or unusable since 3rd March 2000,")
 
  
Clause 36
 
  
BY THE LORD WHITTY
 
140     Page 22, line 19, after ("elsewhere") insert (", or that a different means of access should be provided") 
  
Clause 38
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
141     Page 23, line 36, at end insert--
    ("(  )  for the purposes of removing litter, or
    (  )  for the purposes of removing waste dumped therein")
 
  
BY THE LORD WHITTY
 
142     Page 24, line 12, at end insert--
 
    ("(4A)  A person acting in the exercise of a power conferred by this section may--
    (a)  use a vehicle to enter the land;
    (b)  take a constable with him if he reasonably believes he is likely to be obstructed;
    (c)  take with him equipment and materials needed for the purpose for which he is exercising the power of entry;
    (d)  take samples of the land and of anything on it.
    (4B)  If in the exercise of a power conferred by this section a person enters land which is unoccupied or from which the occupier is temporarily absent, he must on his departure leave it as effectively secured against unauthorised entry as he found it.")
 
 
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