Marine and Coastal Access Bill [HL]

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

Marine and Coastal Access Bill [HL]

Marine and Coastal Access Bill [HL]
Part 9 — Coastal access
197

(a)
land over which the route, or any alternative route, to
which the proposals relate passes, and
(b)
any other land which—
(i)
is relevant coastal margin, or an alternative route
strip in relation to such an alternative route, and
5
(ii)
is not excepted land;
“alternative route” is to be construed in accordance with section
55C;
“alternative route strip”, in relation to an alternative route,
means—
10
(a)
in a case where the proposal for the alternative route has
not yet been approved under section 52, the land which
would become coastal margin during the operation of
that route if the proposals in the report were to be so
approved (without modifications), and
15
(b)
in the case of an official alternative route, the land which
would become coastal margin during the operation of
that route;
“the coastal access duty” has the meaning given by section 55A;
“coastal margin” has the same meaning as in Part 1 of the CROW
20
Act;
“the CROW Act” means the Countryside and Rights of Way Act
2000 (c. 37);
“the English coastal route” means the route secured pursuant to
the coastal access duty;
25
“excepted land” has the same meaning as in Part 1 of the CROW
Act;
“local access forum” means a local access forum established under
section 94 of the CROW Act;
“official alternative route” means an alternative route which is
30
contained in approved proposals relating to a long-distance
route;
“owner”, in relation to land, means the person who holds an estate
in fee simple absolute in possession in the land;
“relevant coastal margin”, in relation to proposals, means—
35
(a)
in a case where the proposals have not yet been
approved under section 52, land which would become
coastal margin if the proposals were to be approved
(without modifications) under that section
(disregarding the alternative route strip in relation to
40
any alternative route), and
(b)
in a case where the proposals have been so approved
(with or without modifications), land which becomes
coastal margin as a result of the proposals having been
so approved (disregarding the alternative route strip in
45
relation to any official alternative route).
(2)
For the purposes of sections 55A to 55I and Schedule 1A, a person has
a relevant interest in land if the person—
(a)
is the owner of the land,
(b)
holds a term of years absolute in the land, or
50
(c)
is in lawful occupation of the land.

Marine and Coastal Access Bill [HL]
Part 9 — Coastal access
198

(3)
Any power conferred by sections 55A to 55I or Schedule 1A to make
regulations includes—
(a)
power to make different provision for different cases, and
(b)
power to make incidental, consequential, supplemental or
transitional provision or savings.”
5
(2)
After Schedule 1 to the 1949 Act insert the Schedule set out in Schedule 19 to
this Act.
298
Access to the coastal margin
(1)
Part 1 of the CROW Act (access to the countryside) is amended as follows.
(2)
In section 1—
10
(a)
in subsection (1) (definition of “access land”) omit “or” at the end of
paragraph (d) and after that paragraph insert—
“(da)
is coastal margin, or”,
(b)
in subsection (2), after the definition of “the appropriate countryside
body” insert—
15
““coastal margin” means land which is of a description
specified by an order under section 3A;”,
(c)
in that subsection, in the definition of “open country”, in paragraph (b)
after “land” insert “or coastal margin”, and
(d)
in subsection (3), after “2006” insert “(but is not coastal margin)”.
20
(3)
In section 2 (rights of public in relation to access land)—
(a)
in subsection (3), for “prohibition” to the end substitute “relevant
statutory prohibition”, and
(b)
after that subsection insert—
“(3A)
In subsection (3) “relevant statutory prohibition” means—
25
(a)
in the case of land which is coastal margin, a prohibition
contained in or having effect under any enactment, and
(b)
in any other case, a prohibition contained in or having
effect under any enactment other than an enactment
contained in a local or private Act.”
30
(4)
In section 3 (power to extend to coastal land)—
(a)
at the end of the heading insert “: Wales”,
(b)
in subsection (1) for “Secretary” to “Wales)” substitute “Welsh
Ministers”, and
(c)
in that subsection after “include” insert “as respects Wales”.
35
(5)
After that section insert—
“3A
Power to extend to coastal land etc: England
(1)
The Secretary of State may by order specify the descriptions of land in
England which are coastal margin for the purposes of this Part.
(2)
An order under subsection (1) may, in particular—
40
(a)
describe land by reference to it being—
(i)
land over which the line taken by the English coastal
route passes,

Marine and Coastal Access Bill [HL]
Part 9 — Coastal access
199

(ii)
land which is adjacent to and within a specified distance
of that line, or
(iii)
land which is adjacent to land within sub-paragraph (ii),

if the land described under paragraphs (i) to (iii), taken as a
whole, is coastal land;
5
(b)
in relation to cases where a proposal of the kind mentioned in
section 55B of the 1949 Act (power to determine the route in
accordance with provision made in the report) is contained in
relevant approved proposals, describe land by reference to the
line taken by the English coastal route as it has effect from time
10
to time in accordance with that proposal;
(c)
in relation to cases where a proposal of the kind mentioned in
section 55C of that Act (alternative routes) is contained in
relevant approved proposals, describe land by reference to it
being—
15
(i)
land over which the line taken by an official alternative
route which is for the time being in operation passes, or
(ii)
land which is adjacent to and within a specified distance
of that line,

whether or not it is coastal land;
20
(d)
in relation to cases where a proposal of the kind mentioned in
section 55D(2)(a) or (b) of that Act (proposal that boundary
should coincide with a physical feature) is contained in relevant
approved proposals, provide that the boundary of an area of
coastal margin is to coincide with a physical feature as provided
25
for in that proposal (and for this purpose it is immaterial if the
effect is to include other land as coastal margin or to exclude
part of an area of coastal land);
(e)
in relation to cases where a direction under subsection (3) of
section 55I of that Act (temporary diversions) specifies a route
30
which (or any part of which) passes over land within subsection
(4)(d) of that section, describe land by reference to it being—
(i)
land over which the line taken by that route (so far as it
passes over land within subsection (4)(d) of that section)
passes, or
35
(ii)
land which is adjacent to and within a specified distance
of that line (so far as it so passes),

whether or not it is coastal land.
(3)
For the purposes of subsection (2) it is immaterial whether the English
coastal route is in existence at the time the order is made.
40
(4)
An order under subsection (1) may modify the provisions of this Part
in their application to land which is coastal margin.
(5)
Provision made by virtue of subsection (4) may, in particular—
(a)
confer functions on the Secretary of State or Natural England;
(b)
if providing for any description of land which is coastal margin
45
to be excluded from any description of excepted land—
(i)
describe that land as mentioned in subsection (2)(a)(i) to
(iii), (b) or (c), or
(ii)
in relation to cases where a proposal of the kind
mentioned in section 55D(2)(c) of the 1949 Act (proposal
50

Marine and Coastal Access Bill [HL]
Part 9 — Coastal access
200

that boundary should coincide with a physical feature)
is contained in relevant approved proposals, provide
that the boundary of that land (or any part of it) is to
coincide with a physical feature as provided for in that
proposal.
5
(6)
Where, as a result of proposals becoming approved proposals relating
to a long-distance route, land becomes coastal margin by virtue of an
order under subsection (1)—
(a)
section 2(1) does not apply in relation to the land by reason of it
being coastal margin until the end of the access preparation
10
period in relation to the land,
(b)
any direction given under Chapter 2 in relation to the land may
be expressed to take effect immediately after the end of that
period, and
(c)
until the end of that period, the land is not to be regarded as
15
coastal margin—
(i)
for the purpose of determining whether it is open
country or registered common land, or
(ii)
for the purposes of section 1(6AA) of the Occupiers’
Liability Act 1984 (duty of occupier of coastal margin to
20
persons other than the occupier’s visitors).
(7)
Where, as a result of proposals becoming approved proposals relating
to a long-distance route, land becomes coastal margin by virtue of an
order under subsection (1), any exclusion or restriction under Chapter
2 of access to the land by virtue of section 2(1) ceases to have effect at
25
the end of the access preparation period.
(8)
Subsection (7) does not apply to any exclusion or restriction resulting
from a direction under Chapter 2 which takes effect after the end of the
access preparation period.
(9)
Subsections (6) and (7) do not apply to land if, at the time it becomes
30
coastal margin by virtue of an order under subsection (1), it is already
dedicated as coastal margin under section 16.
(10)
In this section—
“the 1949 Act” means the National Parks and Access to the
Countryside Act 1949;
35
“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;
40
“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
45
secured) pursuant to the coastal access duty (within the
meaning of section 291 of the Marine and Coastal Access Act
2009);
“modify” includes amend, add to or repeal;

Marine and Coastal Access Bill [HL]
Part 9 — Coastal access
201

“official alternative route” has the meaning given by section 55J of
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;
5
“specified” means specified in an order under subsection (1);

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)—
10
(a)
after subsection (2) insert—
“(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—
15
(a)
land which is coastal margin, and
(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
20
treated as coastal margin for the purposes of any
provision made by or by virtue of this Part (other than
section 1), and
(b)
if—
(i)
disregarding this paragraph, it would be
25
excepted land, and
(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
30
by or by virtue of this Part as if it were not excepted
land.”,
(b)
in subsection (6), omit “and” at the end of paragraph (c) and after that
paragraph insert—
“(ca)
in the case of land within subsection (2B), enable a
35
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
whom a dedication could be made, so as to provide that
the land is dedicated as coastal margin for the purposes
40
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
relation to land which is within subsection (2B)(b)
immediately before it is dedicated as coastal margin to
45
cease to have effect at the time the dedication takes
effect, and”, and

Marine and Coastal Access Bill [HL]
Part 9 — Coastal access
202

(c)
after subsection (6) insert—
“(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)—
5
(a)
in subsection (1), omit “and” at the end of paragraph (a) and after
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
10
may exist in relation to that land.”, and
(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
15
separate code relating to such access land only.”
(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—
20
““coastal margin” has the meaning given by section 1(2);”.
299
Establishment and maintenance of the English coastal route etc
Schedule 20 (establishment and maintenance of the English coastal route etc)
has effect.
Liabilities
25
300
Restricting liabilities of Natural England and the Secretary of State
(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
30
to the coastal access duty,
(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
35
(c)
in connection with any failure by it to exclude or restrict access under
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
40
or 25 of that Act, or
(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).

Marine and Coastal Access Bill [HL]
Part 9 — Coastal access
203

(3)
In subsections (1) and (2) the references to Natural England include any person
acting on its behalf.
(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
5
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.
301
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—
10
“(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
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
15
otherwise).””
General
302
Isles of Scilly
(1)
Subject to the provisions of an order under subsection (2), sections 291 to 296,
299, 300, 303 and 304 and Schedule 20 do not apply in relation to the Isles of
20
Scilly.
(2)
The Secretary of State may by order provide for the application of any of those
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
25
consult the Council of the Isles of Scilly.
(4)
The power exercisable under section 111 of the 1949 Act (application to Isles of
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 297.
(5)
The powers exercisable under section 100(1), (2) and (4) of the CROW Act
30
(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 298.
303
The Crown
(1)
This Part is binding on the Crown and applies in relation to any Crown land as
it applies in relation to any other land.
35
(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,
(c)
belongs to the Duchy of Cornwall, or
40