Breadcrumbs
NCAF 7/1 Update on Countryside and Rights of Way Bill
1. Commons Report and 3rd Reading took place on 13-14 June. A number of amendments were made to the Bill, but they were all Government amendments, reflecting many of the "considers" from Commons Committee stage, and introducing a few new provisions. These amendments included:
PART I
a. providing a definition of cultivated land in Schedule 1;
b. adding "any criminal offence" to the list of exclusions in Schedule 2;
c. removing provision from Clause 7 for appeal hearings to be held in private;
d. providing at Clause 9 for the agencies to provide certified copies of conclusive maps;
e. including plants, shrubs and trees within the definition of "natural features" at Clause 13;
f. extending Clause 15 to cover ancient monuments which already have a statutory right of access in accordance with the Ancient Monuments and Archaeological areas Act 1979;
g. providing at Clause 19 for notices to include other relevant information;
h. providing for the Forestry Commission to be the relevant authority for the purposes of Chapter II, in respect of woodland dedicated under Clause 16;
i. providing at Clause 30 to restrict, by Regulation, the circumstances in which common rights holders can apply for closures or restrictions under Chapter II;
j. reinstating at Clause 42 provision under the 1949 Act for access agreements or orders in respect of other types of land to which the new statutory right of access does not apply; and
k. providing at para 4 of Schedule 4 a duty on the Agency and CCW to advise public bodies on the use of their by-law making powers under this Act.
PART II
l. introducing a cut-off date for definitive maps;
m. providing for all RUPPs reclassified under the 1981 Act to be maintained at public expense;
n. introducing conditions for the confirmation of special extinguishment or diversion orders (relating to crime prevention or school grounds);
o. making provisions for temporary diversions of rights of way; and
p. disapplying the new statutory right of access as a criterion for determining whether a right of way is still needed by the public.
2. The majority of "considers" from Commons Committee stage have now been dealt with by means of Government amendments. Among the relatively few which have not are:
a. harmonising the restrictions on dogs as between access land and rights of way across that access land;
b. removing unnecessary constraints from local authorities and charities as regards their ability to dedicate access land under Clause 16;
c. providing a definition of relevant objections in respect of definitive map modification orders; and
d. providing powers for highway authorities to secure the replacement of existing stiles and gates with crossing points more accessible to people of limited mobility.
3. Lords 2nd Reading took place on 26 June. Most of the debate focused on Part I of the Bill - and, in particular, on issues such as compensation, liability, dogs, night access, discretionary closures (total number of days and weekend/bank holiday arrangements), and the special needs of grouse moors. The Conservatives also emphasised the issues of access to racehorse training gallops, the need for statutory access points, the lack of effective sanctions against those who abuse the right of access, and the need for clearer definitions of things like cultivated land and downland.
4. The Liberal Democrats held to the line they had taken in the Commons of supporting all three parts of the Bill. They saw Part I as being about managed access, rather than the right to roam. However, they wanted to see improvements on:
a discretionary closures;
b enforcement and sanctions;
c access points;
d the regulation, where necessary, of night access and
e the provision of information to the public.
On Part II, they identified disabled access, resources and local involvement as their main concerns.
5. The issue of ensuring adequate funding for implementation - in respect of both Part I and Part II - was a recurring theme from members of all parties.
6. The opposition parties will clearly press hard in Lords Committee for amendments to Part I to meet their concerns on the above issues.
7. In winding up the 2nd Reading debate, Lord Whitty indicated that the Government would look further at the following issues:
a the need to go further on preventing the use by motor vehicles of routes over which such rights are not recorded;
b the issue of residential vehicular access across common land (raised at Commons Report stage by Sir George Young);
c the possibility of local arrangements for night access;
d dogs; and
e racehorse training gallops."
