Countryside and Rights of Ways Bill — After clause 19 — 28 Nov 2000

Lords amendments considered.

Lords amendment: No. 1, in page 2, line 13, after ("includes") insert

(", subject to the following definition,")

I beg to move, That this House agrees with the Lords in the said amendment.

Madam Deputy Speaker:

With this it will be convenient to discuss Lords amendment No. 2 and amendment (a) thereto, and Lords amendments Nos. 3, 34, 38, 153 to 157 and 171.

is developing into a first-class piece of legislation.--[ Official Report, House of Lords , 16 November 2000; Vol. 619, c. 480.]

The Bill will now give access to millions of people--safe access, because that is what we have been after. It preserves our fauna, flora and wildlife. It improves rights of way. It has added . . . the areas of outstanding natural beauty. We welcome all that.

It has been my great privilege to have taken part in the shaping of a Bill that will give great pleasure to millions of people in the future.--[ Official Report, House of Lords , 23 November 2000; Vol. 619, c. 1065-66.]

the cultivated land exception is not intended to be the mechanism for excluding improved or semi-improved pastures and fields from a right of access. Such land will not qualify as open country and should not appear on the statutory maps . . . If cultivated land were given a broader definition, to include any improved grassland, for instance, that would result in a considerable uncertainty and confusion as to whether such an area was excepted land or open country.---[ Official Report, Standing Committee B , 6 April 2000; c. 167-68.]

appears to the appropriate countryside body to consist

any land situated more than 600 metres above sea level.

We are talking about "improved or semi-improved" grassland, but there will be some semi-natural grassland which is essentially unimproved. It is grassland which, theoretically, might be able to produce a crop of hay but would not be included in this definition.--[ Official Report, House of Lords , 23 November 2000; Vol. 619, c. 955.]

appears to the appropriate countryside body.

It is important to be clear that while Government amendment No. 19--

to clause 42 would provide for regulations to exclude liability for mines and quarries under the Mines and Quarries Act, it will not remove liability in respect of these features under the Occupiers Liability Act. If this latter liability is not removed, owners will still have to undertake risk assessments and to fence off mines and quarries on access land.

I, too, have the advice of learned lawyers. They say that a recent judicial decision on curtilage was given in the Court of Appeal in February in the case of Skerritts of Nottingham Ltd. v. the Secretary of State for the Environment, Transport and the Regions.

Curtilage therefore has a meaning that can be flexibly applied to the facts of each case. There is no reason to suppose that a statutory definition of curtilage will be any more helpful than the court's interpretation.

Opposition Members seem to be unwilling to accept that access might be compatible with the training of horses. They should visit Epsom Downs, where the training gallops are situated on land to which a statutory right of access applies.

Newmarket, however, has a vastly greater number.

That refers to the number of trainers in comparison with Epsom. The Minister continued:

That is why the same rules should not apply, irrespective of the size of the enterprise.--[ Official Report, Standing Committee B , 4 April 2000; c. 143-52.]

appears to the appropriate countryside body.

appears to the appropriate countryside body to consist wholly or predominantly of mountain, moor, heath or down.

Lords amendment agreed to.

Lords amendments Nos. 2 and 3 agreed to.

Lords amendment: No. 4, in page 2, line 35, leave out subsection (4) and insert--

("(4) If a person becomes a trespasser on any access land by failing to comply with--

(a) subsection (1)(a),

(b) the general restrictions in Schedule 2, or

(c) any other restrictions imposed in relation to the land under Chapter II,

he may not, within 72 hours after leaving that land, exercise his right under subsection (1) to enter that land again or to enter other land in the same ownership.")

I beg to move, That this House agrees with the Lords in the said amendment.

Mr. Deputy Speaker (Mr. Michael Lord):

With this it will be convenient to take amendment (a), Lords amendments Nos. 5, 11, 12, 14, 15, 17 and 18, Lords amendment No. 19, Amendments (a), (b) and (c) thereto, Lords amendments Nos. 20 to 23, Lords amendment No. 24, amendments (a) and (b) thereto, and Lords amendments Nos. 25, 28, 29, 35 to 37 and 158 to 170.

It is not realistic to assume that landowners will know whether a walker has breached restrictions in the previous 72 hours on someone else's land; nor would it always be appropriate to impose such a sanction on a walker whose breach of restriction might be extremely minor. Therefore, there is no reason why the ban on returning to access land should extend beyond the rest of the day, or to access land in different ownership.--[ Official Report , 13 June 2000; Vol. 351, c. 826.]

and appropriate points of access to, . . .

the situation and extent of, and means of access to, and appropriate points of access to, access land.

any opening in a wall, fence or hedge

Lords amendment agreed to.

Lords amendment No. 5 agreed to.

Lords amendment: No. 6, in page 6, line 44, after ("authorities") insert (", local access forums")

I beg to move, That this House agrees with the Lords in the said amendment.

Mr. Deputy Speaker:

With this it will be convenient to discuss Lords amendment No. 13, Lords amendment No. 16 and amendment (a) thereto, and Lords amendments Nos. 27, 127 and 128.

consult the local access forum about the adequacy of the provision of wardens.

Lords amendment agreed to.

Lords amendment: No. 7, in page 8, line 6, leave out ("("the 2000 Act")").

I beg to move, That this House agrees with the Lords in the said amendment.

Mr. Deputy Speaker:

With this it will be convenient to discuss Lords amendment No. 8, Lords amendment No. 9 and amendment (a) thereto, and Lords amendment No. 10.

a risk resulting from a feature of historic, traditional or archaeological interest.

Lords amendment agreed to.

Lords amendments Nos. 8 to 18 agreed to.

Lords amendment: No. 19, to insert the following new clause-- Codes of conduct and other information --

Amendment proposed to the Lords amendment: (b), in subsection (1)(a), after "means of access to", insert--

Question put, That the amendment to the Lords amendment be made:--

The House divided: Ayes 156, Noes 327.

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