|
| |
|
“access preparation period”, in relation to any land, means the |
| |
| |
(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 |
| |
| |
“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 |
| |
| |
“modify” includes amend, add to or repeal; |
| |
“official alternative route” has the meaning given by section 55J of |
| 15 |
| |
“relevant approved proposals” means approved proposals |
| |
relating to a long-distance route which is or forms part of the |
| |
| |
“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 |
| |
| |
(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 |
| |
| |
| |
(i) | disregarding this paragraph, it would be |
| |
| 40 |
(ii) | it is not land which is accessible to the public by |
| |
virtue of any enactment or rule of law (other |
| |
| |
| 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 |
| 45 |
| |
(b) | in subsection (6), omit “and” at the end of paragraph (c) and after that |
| |
|
| |
|
| |
|
| |
“(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 |
| |
| |
(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 |
| |
| |
(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) |
| |
| |
| |
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 |
| |
| |
(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, |
| 45 |
|
| |
|
| |
|
(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 |
| |
| |
(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 |
| |
| 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 |
| |
| 15 |
(4) | No duty of care is owed by the Secretary of State to any person under the law |
| |
| |
(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 |
| |
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 |
| |
| |
| 30 |
| |
(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 |
| |
| |
(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. |
| |
|
| |
|
| |
|
(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. |
| |
| |
(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 |
| |
| |
(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, |
| |
| 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 |
| |
| |
“the 1949 Act” has the meaning given by section 290(8); |
| 45 |
|
| |
|
| |
|
“access authority”, in relation to any land, has the same meaning as in Part |
| |
| |
“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 |
| |
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— |
| |
| 25 |
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 |
| |
(b) | the creation of new highways (whether under the Highways |
| |
| |
| |
Securing public access to relevant land for the purposes of open-air |
| 35 |
| |
Land is relevant land if it— |
| |
| |
(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 |
| |
| 45 |
|
| |
|