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Marine and Coastal Access Bill [HL]


Marine and Coastal Access Bill [HL]
Part 9 — Coastal access

199

 

“access preparation period”, in relation to any land, means the

period which—

(a)   

begins when the land becomes coastal margin, and

(b)   

ends with the day appointed by the Secretary of State by

order under this subsection in relation to that land;

5

“approved proposals relating to a long-distance route” is to be

construed in accordance with sections 52(3) and 55(4) of the

1949 Act;

“coastal land” has the same meaning as in section 3;

“the English coastal route” means the route secured (or to be

10

secured) pursuant to the coastal access duty (within the

meaning of section 290 of the Marine and Coastal Access Act

2009);

“modify” includes amend, add to or repeal;

“official alternative route” has the meaning given by section 55J of

15

the 1949 Act;

“relevant approved proposals” means approved proposals

relating to a long-distance route which is or forms part of the

English coastal route;

“specified” means specified in an order under subsection (1);

20

   

and references to the exclusion or restriction under Chapter 2 of access

to any land by virtue of section 2(1) are to be interpreted in accordance

with section 21(2) and (3).”

(6)   

In section 16 (dedication of land as access land)—

(a)   

after subsection (2) insert—

25

“(2A)   

Where a person makes a dedication under this section in respect

of land within subsection (2B), that dedication may also

dedicate the land as coastal margin.

(2B)   

The land within this subsection is—

(a)   

land which is coastal margin, and

30

(b)   

any other land in England which is adjacent to land

which is coastal margin.

(2C)   

Where land is dedicated as coastal margin—

(a)   

in the case of land within subsection (2B)(b), it is to be

treated as coastal margin for the purposes of any

35

provision made by or by virtue of this Part (other than

section 1), and

(b)   

if—

(i)   

disregarding this paragraph, it would be

excepted land, and

40

(ii)   

it is not land which is accessible to the public by

virtue of any enactment or rule of law (other

than this Act),

   

it is to be treated for the purposes of any provision made

by or by virtue of this Part as if it were not excepted

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land.”,

(b)   

in subsection (6), omit “and” at the end of paragraph (c) and after that

 
 

Marine and Coastal Access Bill [HL]
Part 9 — Coastal access

200

 

paragraph insert—

“(ca)   

in the case of land within subsection (2B), enable a

dedication previously made under this section in

respect of the land (otherwise than by virtue of

subsection (2A)) to be amended, by the persons by

5

whom a dedication could be made, so as to provide that

the land is dedicated as coastal margin for the purposes

of subsection (2C),

(cb)   

provide for any exclusion or restriction under Chapter 2

of access by virtue of section 2(1) which has effect in

10

relation to land which is within subsection (2B)(b)

immediately before it is dedicated as coastal margin to

cease to have effect at the time the dedication takes

effect, and”, and

(c)   

after subsection (6) insert—

15

“(6A)   

In subsection (6)(cb) the reference to the exclusion or restriction

under Chapter 2 of access to any land by virtue of section 2(1) is

to be interpreted in accordance with section 21(2) and (3).”

(7)   

In section 20 (codes of conduct and other information)—

(a)   

in subsection (1), omit “and” at the end of paragraph (a) and after

20

paragraph (b) insert “, and

(c)   

that, in relation to access land which is coastal margin,

the public are informed that the right conferred by

section 2(1) does not affect any other right of access that

may exist in relation to that land.”, and

25

(b)   

after that subsection insert—

“(1A)   

The duty imposed by subsection (1) to issue and revise a code

of conduct may be discharged, in relation to access land which

is coastal margin, by (or in part by) issuing and revising a

separate code relating to such access land only.”

30

(8)   

In section 44 (orders and regulations under Part 1), in subsection (3) after

“section 3” insert “or 3A(1)”.

(9)   

In section 45 (interpretation of Part 1), after the definition of “the appropriate

countryside body” insert—

““coastal margin” has the meaning given by section 1(2);”.

35

298     

Establishment and maintenance of the English coastal route etc

Schedule 20 (establishment and maintenance of the English coastal route etc)

has effect.

Liabilities

299     

Restricting liabilities of Natural England and the Secretary of State

40

(1)   

No duty of care is owed by Natural England to any person under the law of

negligence—

(a)   

when preparing or submitting proposals under section 51 or 55 of the

1949 Act (long-distance routes and variations of such routes) pursuant

to the coastal access duty,

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Marine and Coastal Access Bill [HL]
Part 9 — Coastal access

201

 

(b)   

in connection with any failure by it to erect, under paragraph 6 of

Schedule 20, a notice or sign of the kind mentioned in sub-paragraph

(2)(b) of that paragraph (notices or signs warning of obstacles or

hazards), or

(c)   

in connection with any failure by it to exclude or restrict access under

5

Chapter 2 of Part 1 of the CROW Act to any land which is coastal

margin, other than a failure within subsection (2).

(2)   

A failure is within this subsection if it arises as a result of Natural England—

(a)   

deciding not to act in accordance with an application under section 24

or 25 of that Act, or

10

(b)   

deciding not to act in accordance with representations made by a

person on being consulted under section 27(5) of that Act (consultation

of original applicant etc before revoking or varying a direction).

(3)   

In subsections (1) and (2) the references to Natural England include any person

acting on its behalf.

15

(4)   

No duty of care is owed by the Secretary of State to any person under the law

of negligence when—

(a)   

approving proposals (with or without modifications) under section 52

or 55 of the 1949 Act pursuant to the coastal access duty, or

(b)   

giving a direction under section 55 of that Act, pursuant to that duty.

20

300     

Occupiers’ liability

In section 1 of the Occupiers’ Liability Act 1984 (c. 3) (duty of occupier to

persons other than the occupier’s visitors), after subsection (6A) insert—

“(6AA)   

Where the land is coastal margin for the purposes of Part 1 of that Act

(including any land treated as coastal margin by virtue of section 16 of

25

that Act), subsection (6A) has effect as if for paragraphs (a) and (b) of

that subsection there were substituted “a risk resulting from the

existence of any physical feature (whether of the landscape or

otherwise).””

General

30

301     

Isles of Scilly

(1)   

Subject to the provisions of an order under subsection (2), sections 290 to 295,

298, 299, 302 and 303 and Schedule 20 do not apply in relation to the Isles of

Scilly.

(2)   

The Secretary of State may by order provide for the application of any of those

35

provisions in relation to the Isles of Scilly, subject to such modifications as may

be specified in the order.

(3)   

Before making an order under subsection (2), the Secretary of State must

consult the Council of the Isles of Scilly.

(4)   

The power exercisable under section 111 of the 1949 Act (application to Isles of

40

Scilly as if a separate county) in relation to the provisions of Part 4 of that Act

is exercisable in relation to that Part as amended by section 296.

 
 

Marine and Coastal Access Bill [HL]
Part 9 — Coastal access

202

 

(5)   

The powers exercisable under section 100(1), (2) and (4) of the CROW Act

(application to Isles of Scilly) in relation to provisions of Part 1 of that Act are

exercisable in relation to that Part as amended by section 297.

302     

The Crown

(1)   

This Part is binding on the Crown and applies in relation to any Crown land as

5

it applies in relation to any other land.

(2)   

For this purpose “Crown land” means land an interest in which—

(a)   

belongs to Her Majesty in right of the Crown or in right of Her private

estates,

(b)   

belongs to Her Majesty in right of the Duchy of Lancaster,

10

(c)   

belongs to the Duchy of Cornwall, or

(d)   

belongs to a government department or is held in trust for Her Majesty

for the purposes of a government department.

(3)   

The appropriate authority may enter into—

(a)   

an agreement under section 35 of the CROW Act (means of access)

15

entered into by Natural England or an access authority by virtue of

paragraph 1 of Schedule 20, or

(b)   

an agreement under paragraph 2 of that Schedule (establishment and

maintenance of the English coastal route),

   

as respects an interest in Crown land held by or on behalf of the Crown.

20

(4)   

An agreement described in subsection (3)(a) or (b) as respects any other interest

in Crown land is of no effect unless approved by the appropriate authority.

(5)   

The “appropriate authority” means—

(a)   

in the case of land which belongs to Her Majesty in right of the Crown,

the Crown Estate Commissioners or other government department

25

having management of the land in question;

(b)   

in the case of land which belongs to Her Majesty in right of Her private

estates, a person appointed by Her Majesty in writing under the Royal

Sign Manual, or if no such appointment is made, the Secretary of State;

(c)   

in the case of land which belongs to Her Majesty in right of the Duchy

30

of Lancaster, the Chancellor of the Duchy;

(d)   

in the case of land which belongs to the Duchy of Cornwall, such

person as the Duke of Cornwall, or the possessor for the time being of

the Duchy of Cornwall, appoints;

(e)   

in the case of land which belongs to a government department or is

35

held in trust for Her Majesty for the purposes of a government

department, that department.

(6)   

If any question arises under this section as to what authority is the appropriate

authority in relation to any land, that question is to be referred to the Treasury,

whose decision is final.

40

(7)   

In this section references to Her Majesty’s private estates are to be construed in

accordance with section 1 of the Crown Private Estates Act 1862 (c. 37).

303     

Interpretation of this Part

In this Part—

“the 1949 Act” has the meaning given by section 290(8);

45

 
 

Marine and Coastal Access Bill [HL]
Part 9 — Coastal access

203

 

“access authority”, in relation to any land, has the same meaning as in Part

1 of the CROW Act;

“the coastal access duty” has the meaning given by section 290(4);

“coastal margin” means land which is coastal margin for the purposes of

Part 1 of the CROW Act (including any land treated as coastal margin

5

by virtue of section 16 of that Act);

“the CROW Act” has the meaning given by section 290(8);

“the English coast” has the meaning given by section 294;

“the English coastal route” has the meaning given by section 290(3);

“estuarial waters” means any waters within the limits of transitional

10

waters, within the meaning of the Water Framework Directive (that is

to say, Directive 2000/60/EC of the European Parliament and of the

Council of 23 October 2000 establishing a framework for Community

action in the field of water policy);

“functions” includes powers and duties;

15

“long-distance route” means a route provided for in approved proposals

relating to a long-distance route within the meaning of section 52(3) of

the 1949 Act (as read with section 55(4) of that Act);

“the sea”, subject to section 295, does not include any part of a river which

is upstream of the seaward limit of the river’s estuarial waters.

20

Wales

304     

Powers of National Assembly for Wales

In Part 1 of Schedule 5 to the Government of Wales Act 2006 (c. 32) (Assembly

measures), in field 16 (sport and recreation), after matter 16.1 insert—

“Matter 16.2

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The establishment and maintenance of a route (or a number of routes) for

the coast to enable the public to make recreational journeys.

This matter does not include—

(a)   

enabling the public to make journeys by mechanically

propelled vehicles (except permitted journeys by qualifying

30

invalid carriages);

(b)   

the creation of new highways (whether under the Highways

Act 1980 or otherwise).

Matter 16.3

Securing public access to relevant land for the purposes of open-air

35

recreation.

Land is relevant land if it—

(a)   

is at the coast,

(b)   

can be used for the purposes of open-air recreation in

association with land within paragraph (a), or

40

(c)   

can be used for the purposes of open-air recreation in

association with a route within matter 16.2.

In this matter the reference to land at the coast is not limited to coastal

land within the meaning of section 3 of the Countryside and Rights of

Way Act 2000.

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