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Countryside and Rights of Way Bill

This is the text of the Countryside and Rights of Way Bill, as presented to the House of Commons on 3rd March 2000.

 
EXPLANATORY NOTES

Explanatory Notes to the Bill, prepared by the Department of the Environment, Transport and the Regions with the Office of the Secretary of State for Wales, are published separately as Bill 78- EN.

EUROPEAN CONVENTION ON HUMAN RIGHTS

Mr Secretary Prescott has made the following statement under section 19(1)(a) of the Human Rights Act 1998:

In my view the provisions of the Countryside and Rights of Way Bill are compatible with the Convention rights.

 
  
Countryside and Rights of Way Bill
 
 
 
 
ARRANGEMENT OF CLAUSES

PART I
ACCESS TO THE COUNTRYSIDE
CHAPTER I
RIGHT OF ACCESS
General
Clause 
1.Principal definitions.
2.Rights of public in relation to access land.
3.Power to extend to coastal land.

Maps
4.Duty to prepare maps.
5.Publication of draft maps.
6.Appeal against map after confirmation.
7.Appeal procedure.
8.Power of Secretary of State or Assembly to delegate functions relating to appeals.
9.Maps in conclusive form.
10.Review of maps.
11.Regulations relating to maps.

Rights and liabilities of owners and occupiers
12.Effect of right of access on rights and liabilities of owners.
13.Occupiers' liability.
14.Offence of displaying on access land notices deterring public use.

Access under other enactments or by dedication
15.Rights of access under other enactments.
16.Dedication of land as access land.

Miscellaneous provisions relating to right of access
17.Byelaws.
18.Wardens.
19.Notices indicating boundaries, etc.

CHAPTER II
EXCLUSION OR RESTRICTION OF ACCESS
20.Interpretation of Chapter II.
21.Exclusion or restriction at discretion of owner and others.
22.Land management.
23.Avoidance of risk of fire or of danger to the public.
24.Nature conservation and heritage preservation.
25.Directions by relevant authority: general.
26.Defence or national security.
27.Reference by relevant advisory body.
28.Appeal by person interested in land.
29.Exclusion or restriction of access in case of emergency.
30.Regulations relating to exclusion or restriction of access.
31.Guidance by countryside bodies to National Park authorities.

CHAPTER III
MEANS OF ACCESS
32.Interpretation of Chapter III.
33.Agreements with respect to means of access.
34.Failure to comply with agreement.
35.Provision of access by access authority in absence of agreement.
36.Appeals relating to notices.
37.Order to remove obstruction.

CHAPTER IV
GENERAL
38.Powers of entry for purposes of Part I.
39.Crown application of Part I.
40.Orders and regulations under Part I.
41.Interpretation of Part I.
42.Repeal of previous legislation, and amendments relating to Part I.

PART II
PUBLIC RIGHTS OF WAY AND ROAD TRAFFIC
Definitive maps and statements and restricted byways
43.Redesignation of roads used as public paths.
44.Restricted byway rights.
45.Provisions supplementary to ss. 43 and 44.
46.Private rights over restricted byways.
47.Amendments relating to definitive maps and statements and restricted byways.
48.Restricted byways: power to make consequential provision.

Creation, stopping up and diversion of public paths
49.Duty to have regard to nature conservation in relation to creation, stopping up and diversion of public paths.
50.Application for stopping up or diversion of public paths.
51.Stopping up and diversion of public paths for purposes of crime prevention, etc.
52.Application for path creation order for purposes of Part I.

Rights of way improvement plans
53.Rights of way improvement plans.
54.Rights of way improvement plans: supplemental.
55.Application of ss. 53 and 54 to inner London.

Removal of obstructions from highways
56.Enforcement of duty to prevent obstruction.
57.Power to order offender to remove obstruction.

Miscellaneous
58.Making of traffic regulation orders for purposes of conserving natural beauty, etc.
59.Prohibition on driving mechanically propelled vehicles elsewhere than on roads.
60.Erection of stiles, etc.: needs of persons with mobility problems.
61.Reports on functions relating to rights of way.

PART III
NATURE CONSERVATION AND WILDLIFE PROTECTION
Sites of special scientific interest
62.Sites of special scientific interest.
63.Consequential amendments relating to s. 62.

Ramsar sites
64.Ramsar sites.

Limestone pavement orders
65.Limestone pavement orders: offence.

Powers of entry
66.Powers of entry.

Enforcement of wildlife legislation
67.Enforcement of wildlife legislation.

PART IV
MISCELLANEOUS AND SUPPLEMENTARY
Management agreements
68.Power of countryside bodies to enter into management agreements.

Supplementary
69.Wales.
70.Isles of Scilly.
71.Expenses.
72.Repeals.
73.Commencement.
74.Interpretation, short title and extent.
 

SCHEDULES:
    Schedule 1-Excepted land for purposes of Part I.
    Part I-Excepted land.
    Part II-Supplementary provisions.
    Schedule 2-Restrictions to be observed by persons having access to access land.
    Schedule 3-Delegation of appellate functions.
    Schedule 4-Minor and consequential amendments relating to Part I.
    Schedule 5-Public rights of way: definitive maps and statements and restricted byways.
    Part I-Amendments of Part III of the Wildlife and Countryside Act 1981.
    Part II-Amendments of other Acts.
    Schedule 6-Right to apply for stopping up or diversion of footpath or bridleway.
    Schedule 7-Stopping up and diversion of footpaths for purposes of crime prevention etc..
    Schedule 8-Driving of mechanically propelled vehicles elsewhere than on roads.
    Schedule 9-Sites of special scientific interest.
    Schedule 10-Consequential amendments relating to sites of special scientific interest.
    Schedule 11-Wildlife: amendments of Part I of the Wildlife and Countryside Act 1981.
    Schedule 12-Repeals.
    Part I-Access to the countryside.
    Part II-Public rights of way and road traffic.
    Part III-Sites of special scientific interest.
    Part IV-Wildlife.
 

 
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Prepared 3 March 2000