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| Review of maps. |
10. - (1) Where the appropriate countryside body has issued a map in conclusive form in respect of any area, it shall be the duty of the body from time to time, on a review under this section, to consider-
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(a) whether any land shown on that map as open country or registered common land is open country or registered common land at the time of the review, and |
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(b) whether any land in that area which is not so shown ought to be so shown. |
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(2) A review under this section must be undertaken-
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(a) in the case of the first review, not more than ten years after the issue of the map in conclusive form, and |
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(b) in the case of subsequent reviews, not more than ten years after the previous review. |
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(3) Regulations may amend paragraphs (a) and (b) of subsection (2) by substituting for the period for the time being specified in either of those paragraphs such other period as may be specified in the regulations.
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| Regulations relating to maps. |
11. - (1) Regulations may make provision supplementing the provisions of sections 4 to 10.
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(2) Regulations under this section may in particular make provision with respect to-
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(a) the scale on which maps are to be prepared, |
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(b) the manner and form in which they are to be prepared and issued, |
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(c) consultation with local highway authorities, National Park authorities and other persons on maps in draft form, |
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(d) the steps to be taken for informing the public of the issue of maps in draft form, provisional form or conclusive form, |
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(e) the manner in which maps in draft form, provisional form or conclusive form are to be published or to be made available for inspection, |
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(f) the period within which and the manner in which representations on a map in draft form may be made to the appropriate countryside body, |
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(g) the confirmation of a map under section 5(c), |
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(h) the period within which and manner in which appeals under section 6 are to be brought, |
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(i) the advertising of such an appeal, |
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(j) the manner in which such appeals are to be considered, |
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(k) the procedure to be followed on a review under section 10, including the issue of maps in draft form, provisional form and conclusive form on a review, and |
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(l) the correction by the appropriate countryside body of minor errors or omissions in maps. |
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(3) Regulations made by virtue of subsection (2)(b) or (e) may authorise or require a map to be prepared, issued, published or made available for inspection in electronic form, but must require any map in electronic form to be capable of being reproduced in printed form.
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(4) Regulations made by virtue of subsection (2)(k) may provide for any of the provisions of this Chapter relating to appeals to apply (with or without modifications) in relation to an appeal against a map issued in provisional form on a review.
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Rights and liabilities of owners and occupiers |
| Effect of right of access on rights and liabilities of owners. |
12. - (1) The operation of section 2(1) in relation to any access land does not increase the liability, under any enactment not contained in this Act or under any rule of law, of a person interested in the access land or any adjoining land in respect of the state of the land or of things done or omitted on the land.
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(2) Any restriction arising under a covenant or otherwise as to the use of any access land shall have effect subject to the provisions of this Part of this Act, and any liability of a person interested in any access land in respect of such a restriction is limited accordingly.
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(3) For the purposes of any enactment or rule of law as to the circumstances in which the dedication of a highway or the grant of an easement may be presumed, or may be established by prescription, the use by the public or by any person of a way across land in the exercise of the right conferred by section 2(1) is to be disregarded.
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| Occupiers' liability. |
13. - (1) In section 1 of the Occupiers' Liability Act 1957 (liability in tort: preliminary), for subsection (4) there is substituted-
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"(4) A person entering any premises in exercise of rights conferred by virtue of-
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(a) section 2(1) of the Countryside and Rights of Way Act 2000 ("the 2000 Act"), or |
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(b) an access agreement or order under the National Parks and Access to the Countryside Act 1949, |
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is not, for the purposes of this Act, a visitor of the occupier of the premises."
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(2) In section 1 of the Occupiers' Liability Act 1984 (duty of occupier to persons other than his visitors), after subsection (6) there is inserted-
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"(6A) 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 land which is access land for the purposes of Part I of that Act, an occupier of the land owes no duty by virtue of this section to any person in respect of a risk resulting from the existence of any natural feature of the landscape."
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| Offence of displaying on access land notices deterring public use. |
14. - (1) If any person places or maintains-
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(a) on or near any access land, or |
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(b) on or near a way leading to any access land, |
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a notice containing any false or misleading information likely to deter the public from exercising the right conferred by section 2(1), he is liable on summary conviction to a fine not exceeding level 1 on the standard scale.
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(2) The court before whom a person is convicted of an offence under subsection (1) may, in addition to or in substitution for the imposition of a fine, order him to remove the notice in respect of which he is convicted within such period, not being less than four days, as may be specified in the order.
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(3) A person who fails to comply with an order under subsection (2) is guilty of a further offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
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