Access to the Countryside Bill

House of Commons

Session 1997-98
Internet Publications
Other Bills before Parliament
Arrangement of Clauses (Contents)

Access to the Countryside Bill

A
B I L L
TO
Amend the law of trespass and to enable members of the public to resort on foot to open country in England and Wales for their recreation; and for connected purposes.
BE IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:-

Public access on foot to open country.     1. - (1) The provisions of this Act shall have effect for enabling the public to have access on foot for open air recreation to open country.

    (2) Subject to the provisions of this Act a person who enters upon open country on foot for the purpose of open air recreation without breaking or damaging any wall, fence, hedge or gate, or who is on such land for that purpose after having so entered thereon, shall not be treated as a trespasser on that land or incur any other liability by reason only of so entering or being on the land.

    (3) This Act shall have effect subject to the provisions of Schedule 1 to this Act as to the general restrictions to be observed by persons having access to open country and such persons shall be under a duty to observe such restrictions.

    (4) Nothing in this Act shall entitle a person to enter or be on any land, or do anything thereon, in contravention of any prohibition contained in or having effect under any enactment.

Open country.     2. For the purposes of this Act, the expression "open country" means any area which consists wholly or predominantly of mountain, moor, heath or down or common land.

Excepted land.     3. - (1) There shall be excepted from the land as defined in section 2 above, land which for the time being is of any of the following descriptions and which shall be known as "excepted land", that it is to say-

(a) land covered by buildings or the curtilage of such buildings;

(b) land used for the purpose of a park, garden or pleasure ground, being land which was so used at the date of coming into force of this Act;

(c) land used for the getting of minerals by surface working (including quarrying), land used for the purposes of a railway (including light railway) or tramway, and land used for the purposes of a golf course, racecourse or aerodrome;

(d) land (not falling within the foregoing paragraphs of this subsection) covered by works used for the purposes of a statutory undertaking or a telecommunications code system and the curtilage of such land;

(e) land as respects which development is in course of being carried out which will result in the land becoming such land as is specified in paragraph (a), (c) or (d) of this subsection; and

(f) land comprised in a declaration for the time being in force under section 10(2) of the 1949 Act or that subsection as applied by section 21 of the 1949 Act or under section 35 of the Wildlife and Countryside Act 1981.

Provided that land shall not become excepted land by reason of any development carried out thereon, or any exchange of use made thereof, if the development or change of use is one for which under the Town & Country Planning Act 1990 planning permission is required and either that permission has not been granted or any condition subject to which it was granted has been contravened or has not been complied with.

    (2) Any person having an interest in land which he claims to be excepted land may within five years of the commencement date or within three years of any lawful development taking place apply to the authority for an order (hereinafter called "an exception order") whereby the said land or part thereof may be declared to be excepted land.

    (3) The provisions of Schedule 2 to this Act shall have effect as to the making, determination, coming into force and revocation of applications and orders under this section.

Non-conforming land.     4. - (1) Any person having an interest in land may make application to the authority for a declaration (hereinafter called "a declaration of non-conformity") that the land which is the subject of the application is not open country but no such application may be made in respect of common land as defined in this Act, and land which is removed from the register of common land maintained under the 1965 Act may, notwithstanding such removal, be open country for the purposes of this Act.

    (2) In an application for a declaration of non-conformity the applicant may claim that the land is agricultural land but agricultural land shall not be deemed to include land which is agricultural land by reason only that it affords rough grazing for livestock.

    (3) Any person may make an application to the authority for a declaration (hereinafter called "a declaration of conformity") that the land which is the subject of the application is open country.

    (4) The provisions of Schedule 2 to this Act shall have effect as to the making, determination, coming into force and revocation of applications and declarations under this section.

Temporary prohibition order.     5. - (1) The authority may upon application duly made to it make a temporary prohibition order whereby the use of the land by the public in the manner provided for in section 1 above shall be temporarily prohibited.

    (2) In the event of a person who has an interest in the land applying to the authority for a temporary prohibition order to enable organised shooting to take place over the land the authority shall grant the said order for a maximum period of 12 days in any calendar year.

    (3) In the event of a person who has an interest in the land or in the event of English Nature or the Countryside Council for Wales applying to the authority for a temporary prohibition order on the following grounds the authority may grant the same for a period of 28 days from the date on which it comes into force subject to the provisions of subsection (4) below; and the said grounds for making such an order shall be-

(a) by reason of any exceptional conditions of weather for the time being prevailing, access by the public to the land or any part thereof is likely to result in fires occurring thereon; or

(b) for the protection of the birth and suckling of lambs and kids.

    (4) Any applicant referred to in subsection (3) above may apply to the authority for further orders so that the period of 28 days referred to in that subsection may be extended for two subsequent consecutive periods of 28 days.

    (5) In the event of a person having an interest in the land applying to the authority for a temporary prohibition order on the following grounds the authority may, and in the case of an application being made to the authority by English Nature, English Heritage or the Countryside Council for Wales shall, make a temporary prohibition order for a period not exceeding three years; and the said grounds for making such order shall be-

(a) for the preservation or restoration of the suitability of the land for rough grazing;

(b) for the protection of trees recently planted on the land;

(c) for the protection or restoration of flora or fauna on the land; or

(d) for the prevention of accidents at a quarry, pit, pond, mine shaft or other man-made source of danger on the land.

    (6) In the event of English Nature, English Heritage, the Countryside Council for Wales or Cadw applying to the authority for a temporary prohibition order on the following grounds the authority shall grant the same for a period not exceeding three years; and the said grounds for making such an order shall be-

(a) for the protection of a geological or physiographical feature of the land;

(b) for the protection of an ancient monument, or of a feature or an area of archaeological or historic interest, on the land; or

(c) for the protection or restoration of the natural beauty of the land or the suitability of the land for open air recreation.

    (7) If a person or authority specified in subsections (5) or (6) above applies to the authority for a temporary prohibition order to be extended or renewed, the authority may extend or renew the order for a period not exceeding three years from the expiration of the immediately preceding order.

    (8) If the authority is satisfied that a temporary prohibition is no longer required it shall forthwith revoke the order.

    (9) The Secretary of State may make regulations with respect to the procedure to be followed in connection with the making of orders under this section including provision for notifying the public of the exercise or proposed exercise of the powers conferred by this section and of the effect of orders and notices made or issued in the exercise of those powers.

    (10) Without prejudice to the generality of the provisions of subsection (9) above, the Secretary of State may by regulations make provision for the making and consideration of objections to a proposed order.

© Parliamentary copyright 1997
Prepared 17 September 1997

Access to the Countryside Bill

	A B I L L TO Amend the law of trespass and to enable members of the public to resort on foot to open country in England and Wales for their recreation; and for connected purposes. BE IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:-
Public access on foot to open country.	1. - (1) The provisions of this Act shall have effect for enabling the public to have access on foot for open air recreation to open country.
	(2) Subject to the provisions of this Act a person who enters upon open country on foot for the purpose of open air recreation without breaking or damaging any wall, fence, hedge or gate, or who is on such land for that purpose after having so entered thereon, shall not be treated as a trespasser on that land or incur any other liability by reason only of so entering or being on the land.
	(3) This Act shall have effect subject to the provisions of Schedule 1 to this Act as to the general restrictions to be observed by persons having access to open country and such persons shall be under a duty to observe such restrictions.
	(4) Nothing in this Act shall entitle a person to enter or be on any land, or do anything thereon, in contravention of any prohibition contained in or having effect under any enactment.
Open country.	2. For the purposes of this Act, the expression "open country" means any area which consists wholly or predominantly of mountain, moor, heath or down or common land.
Excepted land.	3. - (1) There shall be excepted from the land as defined in section 2 above, land which for the time being is of any of the following descriptions and which shall be known as "excepted land", that it is to say-
	(a) land covered by buildings or the curtilage of such buildings;
	(b) land used for the purpose of a park, garden or pleasure ground, being land which was so used at the date of coming into force of this Act;
	(c) land used for the getting of minerals by surface working (including quarrying), land used for the purposes of a railway (including light railway) or tramway, and land used for the purposes of a golf course, racecourse or aerodrome;
	(d) land (not falling within the foregoing paragraphs of this subsection) covered by works used for the purposes of a statutory undertaking or a telecommunications code system and the curtilage of such land;
	(e) land as respects which development is in course of being carried out which will result in the land becoming such land as is specified in paragraph (a), (c) or (d) of this subsection; and
	(f) land comprised in a declaration for the time being in force under section 10(2) of the 1949 Act or that subsection as applied by section 21 of the 1949 Act or under section 35 of the Wildlife and Countryside Act 1981.
	Provided that land shall not become excepted land by reason of any development carried out thereon, or any exchange of use made thereof, if the development or change of use is one for which under the Town & Country Planning Act 1990 planning permission is required and either that permission has not been granted or any condition subject to which it was granted has been contravened or has not been complied with.
	(2) Any person having an interest in land which he claims to be excepted land may within five years of the commencement date or within three years of any lawful development taking place apply to the authority for an order (hereinafter called "an exception order") whereby the said land or part thereof may be declared to be excepted land.
	(3) The provisions of Schedule 2 to this Act shall have effect as to the making, determination, coming into force and revocation of applications and orders under this section.
Non-conforming land.	4. - (1) Any person having an interest in land may make application to the authority for a declaration (hereinafter called "a declaration of non-conformity") that the land which is the subject of the application is not open country but no such application may be made in respect of common land as defined in this Act, and land which is removed from the register of common land maintained under the 1965 Act may, notwithstanding such removal, be open country for the purposes of this Act.
	(2) In an application for a declaration of non-conformity the applicant may claim that the land is agricultural land but agricultural land shall not be deemed to include land which is agricultural land by reason only that it affords rough grazing for livestock.
	(3) Any person may make an application to the authority for a declaration (hereinafter called "a declaration of conformity") that the land which is the subject of the application is open country.
	(4) The provisions of Schedule 2 to this Act shall have effect as to the making, determination, coming into force and revocation of applications and declarations under this section.
Temporary prohibition order.	5. - (1) The authority may upon application duly made to it make a temporary prohibition order whereby the use of the land by the public in the manner provided for in section 1 above shall be temporarily prohibited.
	(2) In the event of a person who has an interest in the land applying to the authority for a temporary prohibition order to enable organised shooting to take place over the land the authority shall grant the said order for a maximum period of 12 days in any calendar year.
	(3) In the event of a person who has an interest in the land or in the event of English Nature or the Countryside Council for Wales applying to the authority for a temporary prohibition order on the following grounds the authority may grant the same for a period of 28 days from the date on which it comes into force subject to the provisions of subsection (4) below; and the said grounds for making such an order shall be-
	(a) by reason of any exceptional conditions of weather for the time being prevailing, access by the public to the land or any part thereof is likely to result in fires occurring thereon; or
	(b) for the protection of the birth and suckling of lambs and kids.
	(4) Any applicant referred to in subsection (3) above may apply to the authority for further orders so that the period of 28 days referred to in that subsection may be extended for two subsequent consecutive periods of 28 days.
	(5) In the event of a person having an interest in the land applying to the authority for a temporary prohibition order on the following grounds the authority may, and in the case of an application being made to the authority by English Nature, English Heritage or the Countryside Council for Wales shall, make a temporary prohibition order for a period not exceeding three years; and the said grounds for making such order shall be-
	(a) for the preservation or restoration of the suitability of the land for rough grazing;
	(b) for the protection of trees recently planted on the land;
	(c) for the protection or restoration of flora or fauna on the land; or
	(d) for the prevention of accidents at a quarry, pit, pond, mine shaft or other man-made source of danger on the land.
	(6) In the event of English Nature, English Heritage, the Countryside Council for Wales or Cadw applying to the authority for a temporary prohibition order on the following grounds the authority shall grant the same for a period not exceeding three years; and the said grounds for making such an order shall be-
	(a) for the protection of a geological or physiographical feature of the land;
	(b) for the protection of an ancient monument, or of a feature or an area of archaeological or historic interest, on the land; or
	(c) for the protection or restoration of the natural beauty of the land or the suitability of the land for open air recreation.
	(7) If a person or authority specified in subsections (5) or (6) above applies to the authority for a temporary prohibition order to be extended or renewed, the authority may extend or renew the order for a period not exceeding three years from the expiration of the immediately preceding order.
	(8) If the authority is satisfied that a temporary prohibition is no longer required it shall forthwith revoke the order.
	(9) The Secretary of State may make regulations with respect to the procedure to be followed in connection with the making of orders under this section including provision for notifying the public of the exercise or proposed exercise of the powers conferred by this section and of the effect of orders and notices made or issued in the exercise of those powers.
	(10) Without prejudice to the generality of the provisions of subsection (9) above, the Secretary of State may by regulations make provision for the making and consideration of objections to a proposed order.