S.C.B.
Amendment Paper as at
Tuesday 18th April 2000
STANDING COMMITTEE B
New Amendments handed in are marked thus *
COUNTRYSIDE AND RIGHTS OF WAY BILL
NOTE
The Amendments have been arranged in accordance with the Order of the Committee [28th March], as follows:
Clause 1, Schedule 1, Clause 2, Schedule 2, Clauses 3 to 8, Schedule 3, Clauses 9 to 42, Schedule 4, Clauses 43 to 47, Schedule 5, Clauses 48 to 50, Schedule 6, Clause 51, Schedule 7, Clauses 52 to 59, Schedule 8, Clauses 60 to 62, Schedule 9, Clause 63, Schedule 10, Clauses 64 to 67, Schedule 11, Clauses 68 to 72, Schedule 12, Clauses 73 and 74, new Clauses, new Schedules.
Mr David Heath
185
Clause 10, page 6, line 17, leave out 'appropriate countryside body' and insert 'Countryside Agency'.
Mr David Heath
186
Clause 10, page 6, line 18, leave out 'the duty of the body' and insert 'its duty'.
Mr David Heath
187
Clause 10, page 6, line 19, at end insert ', in consultation with the relevant local access forum'.
Mr David Heath
188
Clause 10, page 6, line 26, leave out 'ten' and insert 'five'.
Mr David Heath
189
Clause 10, page 6, line 29, at end insert 'and
(c) in consultation with English Nature.'.
Mr James Paice
Mr Damian Green
Mr Geoffrey Clifton-Brown
376
Clause 10, page 6, line 29, at end insert—
'(2A) A person having an interest in any land may appeal—
(a) in the case of land in England, to the Secretary of State, or
(b) in the case of land in Wales, to the National Assembly for Wales,
against the addition in the provisional review map of land as open country or registered common land or the failure to exclude any land from being shown as open country or registered common land on the provisional review map, following a request for its exclusion being made.'.
Mr David Heath
365
Clause 11, page 6, line 34, at end insert—
'( ) Before making any regulations under this section the Secretary of State or as the case may be the National Assembly for Wales shall consult with such bodies as appear to them to be representative of persons who will be affected by sections 4 to 10'.
Mr James Paice
Mr Damian Green
Mr Geoffrey Clifton-Brown
229
Clause 11, page 6, line 37, at end insert—
'( ) the information which they are to provide on appropriate access points where information on access rights and any restrictions or closures is to be made available,'.
Mr David Heath
190
Clause 11, page 6, line 39, leave out 'local highway authorities, National Park' and insert 'access'.
Mr David Heath
191
Clause 11, page 6, line 39, at end insert ', local access fora'.
Mr David Heath
366
Clause 11, page 6, line 40, after 'persons', insert ', including persons with an interest in the land,'.
Mr Damian Green
Mr James Paice
Mr Geoffrey Clifton-Brown
321
Clause 11, page 6, line 40, at end insert 'prior to issue of the maps'.
Mr David Heath
192
Clause 11, page 7, line 2, leave out 'appropriate countryside body' and insert 'Countryside Agency'.
Mr Gareth Thomas
318
Clause 11, page 7, line 8, at end insert 'which shall include provision for members of the public to make representations at such appeals.'.
Chris McCafferty
363
Clause 11, page 7, line 11, leave out 'and'.
Mr David Heath
193
Clause 11, page 7, line 12, leave out 'appropriate countryside body' and insert 'Countryside Agency'.
Mr David Heath
367
Clause 11, page 7, line 12, leave out 'minor'.
Chris McCafferty
364
Clause 11, page 7, line 13, at end insert 'and
(m) requirements for supply of maps in conclusive form to the Ordnance Survey and to other publishers of maps on which it will be practicable to show access land and the means of access thereto (with the intention that such land and means of access be depicted on maps published by them).'.
Mr Damian Green
Mr James Paice
Mr Geoffrey Clifton-Brown
275
Clause 12, page 7, line 23, at beginning insert—
'( ) The appropriate countryside body shall pay the reasonable costs incurred by any person in capping or fencing any disused mine shaft upon access land within their ownership.'.
Mr James Paice
Mr Damian Green
Mr Geoffrey Clifton-Brown
230
Clause 12, page 7, line 26, after 'omitted', insert 'to be done'.
Mr James Paice
Mr Damian Green
Mr Geoffrey Clifton-Brown
388
Clause 12, page 7, line 36, at end add—
'(4) For the purposes of any enactment or rule of law as to the circumstances in which land becomes a "town or village green", 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 .'.
Mr James Paice
Mr Damian Green
Mr Geoffrey Clifton-Brown
389
Clause 12, page 7, line 36, at end add—
'(4) Where an owner or occupier of premises suffers financial loss as a result of works undertaken in order to meet obligations imposed on him by the provisions of this Act the access authority in whose area the premises are situated shall pay to that person compensation equal to the financial loss.'.
Mr James Paice
Mr Damian Green
Mr Geoffrey Clifton-Brown
390
Clause 12, page 7, line 36, at end add—
'(4) Where the value of the interest of any person in land is depreciated in consequence of that land being designated access land, then the access authority shall pay to that person compensation equal to the amount of the depreciation.'.
Mr James Paice
Mr Damian Green
Mr Geoffrey Clifton-Brown
391
Clause 13, page 7, line 37, at beginning insert—
'( ) Under the provisions of this Act no duty is owed by a person as occupier of premises to a person entering any premises in exercise of rights conferred by section 2(1) in respect of any risk of their suffering injury or damage to property on the premises by reason of any danger due to the state of the premises or to things done or omitted to be done on them.'.
Mr James Paice
Mr Damian Green
Mr Geoffrey Clifton-Brown
392
Clause 13, page 7, line 46, at end insert—
'(1A) In section 4 of the Defective Premises Act 1972 (Landlord's duty of care in virtue of obligation or right to repair premises demised), after subsection (6) there is inserted—
"(7) A landlord of premises the subject of subsection (1) above owes no duty by virtue of this section to any person using the premises in the exercise of the rights conferred by section 2(1) of the Countryside and Rights of Way Act 2000 in respect of any risk of their suffering injury or damage to property on the premises by reason of any danger due to any relevant defect in the state of the premises.".'.
Mr James Paice
Mr Damian Green
Mr Geoffrey Clifton-Brown
394
Clause 13, page 7, line 46, at end insert—
'(1A) In section 1 of the Occupiers' Liability Act 1984 (duty of occupier to persons other than his visitors), after subsection (6) there is inserted—
"(6A) No duty is owed by virtue of this section to persons visiting premises in the exercise of rights conferred by section 2(1) of the Countryside and Rights of Way Act 2000.".'.
Mr James Paice
Mr Damian Green
Mr Geoffrey Clifton-Brown
393
Clause 13, page 8, line 1, leave out subsection (2).
Mr James Paice
Mr Damian Green
Mr Geoffrey Clifton-Brown
231
Clause 13, page 8, line 6, leave out 'by virtue of this section'.
Mr James Paice
Mr Damian Green
Mr Geoffrey Clifton-Brown
395
Clause 13, page 8, line 7, after 'from', insert 'the existence of any structure or building placed on or under the land prior to 1948 and'.
Mr James Paice
Mr Damian Green
Mr Geoffrey Clifton-Brown
396
Clause 13, page 8, line 7, after 'from', insert 'the existence of any item placed on or under the land and used by the occupier in the course of his business or occupation of the land and'.
Mr James Paice
Mr Damian Green
Mr Geoffrey Clifton-Brown
232
Clause 13, page 8, line 7, leave out 'natural'.
