House of Lords portcullis
House of Lords
Session 1999-2000
Publications on the internet
Other Bills before Parliament
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 Third Reading in the House of Lords.

 [Amendments marked * are new or have been altered] 
Amendment
No.
 
  
Clause 1
 
  
BY THE LORD WHITTY
 
1     Page 2, line 13, after ("includes") insert (", subject to the following definition,") 
2     Page 2, line 14, at end insert--
    (""mountain, moor, heath or down" does not include land which appears to the appropriate countryside body to consist of improved or semi-improved grassland;")
 
  
Clause 2
 
  
BY THE EARL PEEL
THE BARONESS BYFORD
THE LORD MONSON
 
3     Page 3, line 15, at end insert--
 
    ("(  )  Where on any day a person fails to comply with Schedule 2 or any restriction imposed under Chapter II, and, having been advised by the owner or by a person acting on his authority on two or more different occasions on the same day, on land in the same ownership, of the effect of that failure to comply, he again fails on the same day, on land in the same ownership, to comply with Schedule 2 or 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.")
 
  
After Clause 2
 
  
BY THE LORD ROBERTS OF CONWY
 
4*     Insert the following new Clause-- 
     ("  .--(1)  A person who intends to enter or to remain on access land during any 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 draw to the attention of any person giving such notice, the relevant sections of the code of conduct and other information issued by the appropriate Countryside Agency under section 20.")
Intention to remain on access land: obligation to give notice.
  
Clause 3
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
5*     Leave out Clause 3 
  
Clause 13
 
  
BY THE BARONESS BYFORD
 
6*     Page 8, line 38, at end insert ("any historical, traditional or archaeological feature, or") 
  
BY THE LORD WHITTY
 
7     Page 8, line 39, after ("over") insert (", under") 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
8*     Page 8, line 42, leave out from ("any") to ("is") in line 43 and insert ("feature which has grown naturally or which has been constructed or retained for the purpose of any normal use of the land") 
9*     Page 8, line 44, at end insert (", whether it is on, or is adjacent to, the access land") 
  
BY THE DUKE OF MONTROSE
THE COUNTESS OF MAR
 
10     Page 9, line 17, at end insert--
 
    ("(  )  In section 5 of the Animals Act 1971 (exceptions from liability for damage 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 purposes of Part I of that Act,".")
 
  
Clause 18
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
11*     Page 12, line 5, leave out subsection (1) and insert--
 
    ("(1)  Every access authority or 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 (3) as respects access land in their area.")
 
12*     Page 12, leave out lines 13 and 14 and insert--
 
    ("(  )  The purposes referred to in subsection (1) are")
 
  
After Clause 18
 
  
BY THE LORD WILLIAMSON OF HORTON
THE BARONESS BYFORD
 
13     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 on any access land, the access authority shall take such steps, if any, as appear to it to be appropriate in all the circumstances to prevent or reduce future such failures.
 
    (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 or Chapter II restrictions.
  
Clause 19
 
  
BY THE EARL PEEL
 
14     Page 12, line 44, at end insert--
 
    ("(  )  Any notice erected under subsection (1) in relation to any area of access land which has, in whole or in part, been notified under section 28(1) of the Wildlife and Countryside Act 1981 (the "1981 Act") shall--
    (a)  state that the land has, in whole or in part, as appropriate, been so notified;
    (b)  indicate, in the form of a map or otherwise, the extent of the land so notified;
    (c)  state the nature of the offences created under section 28P(6) of the 1981 Act.")
 
  
Clause 20
 
  
BY THE LORD WHITTY
 
15     Page 13, line 19, at end insert (", and
          (ii)  with regard to public rights of way on, and nature conservation in relation to, access land.")
 
  
Clause 25
 
  
BY THE LORD WHITTY
 
16     Page 16, line 28, after ("weather") insert ("or any exceptional change in the condition of the land") 
  
Clause 26
 
  
BY THE BARONESS YOUNG OF OLD SCONE
THE BARONESS GIBSON OF MARKET RASEN
 
17*     Page 18, line 10, at end insert--
 
    ("(7)  Subsection (8) applies where--
    (a)  access by virtue of section 2(1) to any land is restricted in any way by a direction under subsection (1), and
    (b)  the direction is given on the grounds that that restriction is necessary for the purpose of conserving particular flora or fauna, or a particular geological or physiographical feature, of the land.
    (8)  Any person who--
    (a)  on at least three occasions in any period of one month, without reasonable excuse intentionally contravenes the restriction in such a way as to be likely to destroy or damage any of the flora or fauna concerned, or (as the case may be) the geological or physiographical feature concerned, or disturb any such fauna, and
    (b)  does so knowing that access by virtue of section 2(1) to the land is restricted by a direction given for the purpose in subsection (3)(a),
is guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.")
 
  
After Clause 40
 
  
BY THE LORD BRITTAN OF SPENNITHORNE
THE LORD KINGSLAND
 
18     Insert the following new Clause-- 
     ("  .--(1)  Where an owner or a person with an interest in land proves that he has suffered a diminution in the value of his land or interest therein due to the right conferred by section 2(1), he shall be entitled to claim compensation in the same manner and on the same basis as provided under sections 70 to 72 of the National Parks and Access to the Countryside Act 1949 ("the 1949 Act") in relation to land over which an access order has been made under Part V of that Act.
 
    (2)  Regulations may be made as under section 70 of the 1949 Act.")
Compensation for diminution in value of land.
  
Clause 42
 
  
BY THE LORD WHITTY
 
19     Page 27, line 40, after ("done") insert (", or omitted to be done,") 
  
Clause 60
 
  
BY THE LORD WHITTY
 
20     Page 39, line 28, leave out ("which local rights of way provide") and insert ("provided by local rights of way (and in particular by those within paragraph (a) of the definition in subsection (5))") 
  
Clause 64
 
  
BY THE LORD WHITTY
 
21     Page 46, leave out lines 9 to 14 
22     Page 46, line 18, at end insert ("; and if the offence is continued after conviction he is guilty of a further offence and liable to a fine not exceeding one-twentieth of that level for each day on which the offence is so continued.
 
    (5)  Where, after a person is convicted of an offence under subsection (4) above, the highway authority for the highway concerned exercise any power to remove the cause of the obstruction, they may recover from that person the amount of any expenses reasonably incurred by them in, or in connection with, doing so.
 
    (6)  A person against whom an order is made under subsection (1) above is not liable under section 137 above in respect of the obstruction concerned--
    (a)  during the period fixed under that subsection or any extension under subsection (2) above, or
    (b)  during any period fixed under section 311(1) below by a court before whom he is convicted of an offence under subsection (4) above in respect of the order.")
 
  
Clause 68
 
  
BY THE EARL OF SELBORNE
 
23     Page 48, line 13, at end insert--
 
    ("(  )  In the case of access to a site containing a residential property or properties whose construction was completed prior to 1st January 1906 and where the number and use of the building or buildings is materially unchanged since that date, no sum of money is payable by the property owner to the owner of the access land so long as there is no evidence that the access land owner either restricted or licensed the right of access during the period from 1st January 1906 to 5th May 1993.")
 
  
BY THE LORD WHITTY
 
24     Page 48, line 29, leave out from ("and") to end of line 30 and insert ("no such regulations shall be made by the Secretary of State unless a draft has been laid before, and approved by a resolution of, each") 
  
Clause 70
 
  
BY THE LORD WHITTY
 
25     Page 50, line 43, at end insert--
 
    ("(3)  In section 300 of that Act (right of local authorities to use vehicles and appliances on footways and bridleways), in subsection (1) after "verges," there is inserted "for preventing or removing obstructions to them or otherwise preventing or abating nuisances or other interferences with them,".
 
    (4)  In section 21(2)(b) of the Road Traffic Act 1988 (defence to charge of driving or parking on cycle track for highway authority vehicles), after "verges" there is inserted ", or the preventing or removing of obstructions to the cycle track or the preventing or abating in any other way of nuisances or other interferences with the cycle track,".")
 
 
continue to next page
 
House of Lords home page Parliament home page House of Commons home page search page enquiries index

© Parliamentary copyright 2000
Prepared 23 November 2000