Countryside and Rights of Way Act 2000 (c. 37)

(The document as of February, 2008)

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(b) for the purposes of any criminal proceedings brought in respect of anything done or omitted to be done as mentioned in that sub-paragraph.

Local inquiries and hearings: evidence and costs

7 Subsections (2) to (5) of section 250 of the [1972 c. 70.] Local Government Act 1972 (local inquiries: evidence and costs) shall apply to local inquiries or other hearings held under this Schedule by an appointed person as they apply to inquiries caused to be held under that section by a Minister, but as if--

(a) in subsection (2) (evidence) the reference to the person appointed to hold the inquiry were a reference to the appointed person,

(b) in subsection (4) (recovery of costs of holding inquiry) references to the Minister causing the inquiry to be held were references to the appropriate Minister, and

(c) in subsection (5) (orders as to the costs of the parties) the reference to the Minister causing the inquiry to be held were a reference to the appointed person or the appropriate Minister. "

Part II Consequential amendments of other Acts

Norfolk and Suffolk Broads Act 1988 (c. 4)

25 In Schedule 3 to the Norfolk and Suffolk Broads Act 1988 (functions of Broads Authority), in paragraph 47 (footpaths and bridleways)--

(a) for "118 to 121" there is substituted "118 to 121E", and

(b) after "footpaths etc.)" there is inserted ", except sections 118B and 119B of that Act (stopping up and diversion for purposes of crime prevention, etc.),".

Environment Act 1995 (c. 25)

26 In Schedule 9 to the Environment Act 1995 (miscellaneous functions of National Park authorities), in paragraph 11 (footpaths and bridleways) for paragraph (c) there is substituted--

" (c) sections 118 to 121E (stopping up and diversion of public paths, etc.), except sections 118B and 119B (stopping up and diversion for purposes of crime prevention, etc.), and " .

Section 67.

SCHEDULE 7 Driving of mechanically propelled vehicles elsewhere than on roads

National Parks and Access to the Countryside Act 1949 (c. 97)

1 In section 51(1) of the National Parks and Access to the Countryside Act 1949 (general provisions as to long-distance routes), for "not being a motor vehicle" there is substituted "not being a mechanically propelled vehicle".

Countryside Act 1968 (c. 41)

2 (1) Section 30 of the Countryside Act 1968 (riding of pedal cycles on bridleways) is amended as follows.

(2) In subsection (1), for "not being a motor vehicle" there is substituted "not being a mechanically propelled vehicle".

(3) For subsection (5) there is substituted--

" (5) In this section "mechanically propelled vehicle" does not include a vehicle falling within paragraph (c) of section 189(1) of the Road Traffic Act 1988. "

Chronically Sick and Disabled Persons Act 1970 (c. 44)

3 In section 20 of the Chronically Sick and Disabled Persons Act 1970 (use of invalid carriages on highways), in subsection (1)(b) after "sections 1 to 4," there is inserted "21, 34,".

Road Traffic Act 1988 (c. 52)

4 (1) Section 21 of the Road Traffic Act 1988 (prohibition of driving or parking on cycle tracks) is amended as follows.

(2) In subsection (1), for "motor" there is substituted "mechanically propelled".

(3) In subsection (3), after paragraph (a) there is inserted--

" (aa) in subsection (1) "mechanically propelled vehicle" does not include a vehicle falling within paragraph (a), (b) or (c) of section 189(1) of this Act, " .

5 For section 34 of that Act there is substituted--

" 34 Prohibition of driving mechanically propelled vehicles elsewhere than on roads

(1) Subject to the provisions of this section, if without lawful authority a person drives a mechanically propelled vehicle--

(a) on to or upon any common land, moorland or land of any other description, not being land forming part of a road, or

(b) on any road being a footpath, bridleway or restricted byway,

he is guilty of an offence.

(2) For the purposes of subsection (1)(b) above, a way shown in a definitive map and statement as a footpath, bridleway or restricted byway is, without prejudice to section 56(1) of the [1981 c. 69.] Wildlife and Countryside Act 1981, to be taken to be a way of the kind shown, unless (subject to section 34A of this Act) the contrary is proved.

(3) It is not an offence under this section to drive a mechanically propelled vehicle on any land within fifteen yards of a road, being a road on which a motor vehicle may lawfully be driven, for the purpose only of parking the vehicle on that land.

(4) A person shall not be convicted of an offence under this section with respect to a vehicle if he proves to the satisfaction of the court that it was driven in contravention of this section for the purpose of saving life or extinguishing fire or meeting any other like emergency.

(5) It is hereby declared that nothing in this section prejudices the operation of--

(a) section 193 of the [1925 c. 20.] Law of Property Act 1925 (rights of the public over commons and waste lands), or

(b) any byelaws applying to any land,

or affects the law of trespass to land or any right or remedy to which a person may by law be entitled in respect of any such trespass or in particular confers a right to park a vehicle on any land.

(6) Subsection (2) above and section 34A of this Act do not extend to Scotland.

(7) In this section--

"definitive map and statement" has the same meaning as in Part III of the [1981 c. 69.] Wildlife and Countryside Act 1981;
"mechanically propelled vehicle" does not include a vehicle falling within paragraph (a), (b) or (c) of section 189(1) of this Act; and
"restricted byway" means a way over which the public have restricted byway rights within the meaning of Part II of the Countryside and Rights of Way Act 2000, with or without a right to drive animals of any description along the way, but no other rights of way. " .

6 After that section there is inserted--

" 34A Exceptions to presumption in section 34(2)

(1) Where a person is charged with an offence under section 34 of this Act in respect of the driving of any vehicle, it is open to that person to prove under subsection (2) of that section that a way shown in a definitive map and statement as a footpath, bridleway or restricted byway is not a way of the kind shown only--

(a) if he proves to the satisfaction of the court--

(i) that he was a person interested in any land and that the driving of the vehicle by him was reasonably necessary to obtain access to the land,

(ii) that the driving of the vehicle by him was reasonably necessary to obtain access to any land, and was for the purpose of obtaining access to the land as a lawful visitor, or

(iii) that the driving of the vehicle by him was reasonably necessary for the purposes of any business, trade or profession; or

(b) in such circumstances as may be prescribed by regulations made by the Secretary of State (and paragraph (a) above is without prejudice to this paragraph).

(2) In subsection (1) above--

"interest", in relation to land, includes any estate in land and any right over land, whether the right is exercisable by virtue of the ownership of an estate or interest in land or by virtue of a licence or agreement, and in particular includes rights of common and sporting rights, and the reference to a person interested in land shall be construed accordingly;
"lawful visitor", in relation to land, includes any person who enters the land for any purpose in the exercise of a right conferred by law. "

7 In section 195 of that Act--

(a) in subsection (3), after "that section)" there is inserted "34A", and

(b) in subsection (4), after "14" there is inserted ", 34A".

Road Traffic Offenders Act 1988 (c. 53)

8 In Schedule 2 to the Road Traffic Offenders Act 1988 (prosecution and punishment of offences), in the second column of the entry in Part I relating to section 34 of the Road Traffic Act 1988, for "motor" there is substituted "mechanically propelled".

9 In Schedule 3 to that Act (fixed penalty offences), in the second column of the entry relating to section 34 of the Road Traffic Act 1988, for "motor" there is substituted "mechanically propelled".

Section 73(4).

SCHEDULE 8 Amendments consequential on change of name of Nature Conservancy Council for England

1 In each provision specified in relation to each of the Acts set out below, for "the Nature Conservancy Council for England" or, as the case may be, "Nature Conservancy Council for England" there is substituted "English Nature"--

(a) the National Parks and Access to the [1949 c. 97.] Countryside Act 1949: section 15A (meaning of "Nature Conservancy Council");

(b) the [1966 c. 38.] Sea Fisheries Regulation Act 1966: in section 5A (byelaws under section 5 for marine environmental purposes), subsection (3)(a);

(i) in section 15 (areas of special scientific interest), subsection (6A), and

(ii) section 37 (protection for interests in countryside);

(d) the [1970 c. 30.] Conservation of Seals Act 1970: in section 10 (power to grant licences to kill or take seals), subsection (5);

(e) the [1980 c. 27.] Import of Live Fish (England and Wales) Act 1980: in section 1 (power to limit the import etc. of fish and fish eggs), subsection (2);

(f) the [1980 c. 66.] Highways Act 1980: in section 105B (procedure relating to environmental impact assessments), in subsection (8), paragraph (b) of the definition of "the consultation bodies";

(g) the [1981 c. 22.] Animal Health Act 1981: in section 21 (destruction of wild life on infection other than rabies), subsection (9);

(h) the [1981 c. 69.] Wildlife and Countryside Act 1981--

(i) in section 27 (interpretation of Part I), subsection (3A),

(ii) in section 27A (construction of references to Nature Conservancy Council), paragraph (a), and

(iii) in section 52 (interpretation of Part II), subsection (1);

(i) the [1984 c. 51.] Inheritance Tax Act 1984: Schedule 3 (bodies receiving gifts for national purposes etc.);

(j) the [1986 c. 49.] Agriculture Act 1986: in section 18 (designation and management of environmentally sensitive areas), subsection (2)(a);

(k) the [1987 c. 53.] Channel Tunnel Act 1987--

(i) in Schedule 2, Part II (regulation of scheduled works), paragraph 5(3), and

(ii) in Schedule 3 (planning permission), paragraph 17(4)(a);

(l) the [1988 c. 4.] Norfolk and Suffolk Broads Act 1988--

(i) in section 1 (the Broads Authority), subsection (3)(b),

(ii) in section 4 (conservation of areas of natural beauty), subsections (3)(a) and (5)(a),

(iii) in section 5 (notification of certain operations within the Broads), subsection (4), and

(iv) in Schedule 3 (functions of Broads Authority), paragraph 33(1)(c);

(m) the [1989 c. 29.] Electricity Act 1989: in Schedule 9 (preservation of amenities and fisheries), paragraph 2(2)(a);

(n) the [1990 c. 43.] Environmental Protection Act 1990--

(i) in section 36 (grant of waste management licences), subsection (7), and

(ii) in section 128 (creation and constitution of the Nature Conservancy Council for England and the Countryside Council for Wales), subsections (1) and (2)(a);

(o) the [1991 c. 54.] Deer Act 1991: in section 8 (licences for exemptions from sections 2 to 4 of the Act), subsections (1) and (4);

(p) the [1991 c. 56.] Water Industry Act 1991--

(i) in section 4 (environmental duties with respect to sites of special interest), subsections (1) and (4),

(ii) in section 5 (codes of practice with respect to environmental and recreational duties), subsection (4)(b), and

(iii) in section 156 (restrictions on disposals of land), subsection (4)(c)(i);

(q) the [1991 c. 59.] Land Drainage Act 1991--

(i) in section 61C (duties with respect to sites of special scientific interest), subsections (1) and (4), and

(ii) in section 61E (codes of practice), subsection (4)(b);

(r) the [1992 c. 42.] Transport and Works Act 1992: in section 6 (applications for orders relating to railways, tramways, inland waterways, etc.), subsection (7)(e);

(s) the [1992 c. 51.] Protection of Badgers Act 1992: in section 10 (licences to do otherwise prohibited acts relating to badgers), subsection (4)(a);

(t) the [1995 c. 25.] Environment Act 1995--

(i) in section 8 (environmental duties with respect to sites of special interest), subsections (1) and (4),

(ii) in section 9 (codes of practice with respect to environmental and recreational duties), subsection (3)(b),

(iii) in section 66 (national park management plans), subsection (7)(a), and

(iv) in section 99 (consultation required before making or modifying certain subordinate legislation for England), subsection (2)(c);

(u) the [1996 c. 61.] Channel Tunnel Rail Link Act 1996--

(i) in Schedule 6 (planning conditions), paragraph 27(4), and

(ii) in Schedule 14 (overhead lines: consent), paragraph 7(4); and

(v) the [1999 c. 29.] Greater London Authority Act 1999: in section 352 (the Mayor's biodiversity action plan), subsection (3)(a).

2 In the following enactments, the entry for the Nature Conservancy Council for England is omitted, and in the appropriate place there is inserted "English Nature"--

(a) the [1958 c. 51.] Public Records Act 1958: in Schedule 1 (definition of public records), Part II of the Table in paragraph 3;

(b) the [1965 c. 74.] Superannuation Act 1965: in section 39 (meaning of "public office"), paragraph 7 of subsection (1); and

3 In Part III of Schedule 1 to the [1975 c. 24.] House of Commons Disqualification Act 1975 (which sets out offices the holders of which are disqualified from membership of the House of Commons), the entry for "Any member of the Nature Conservancy Council for England or the Countryside Council for Wales in receipt of remuneration" is omitted, and in the appropriate places there are inserted the following two entries--

" Any member of the Countryside Council for Wales in receipt of remuneration. "

" Any member of English Nature in receipt of remuneration. " .

Section 75(1).

SCHEDULE 9 Sites of special scientific interest

1 For section 28 of the 1981 Act (areas of special scientific interest) there is substituted--

" 28 Sites of special scientific interest

(1) Where the Nature Conservancy Council are of the opinion that any area of land is of special interest by reason of any of its flora, fauna, or geological or physiographical features, it shall be the duty of the Council to notify that fact--

(a) to the local planning authority in whose area the land is situated;

(b) to every owner and occupier of any of that land; and

(2) The Council shall also publish a notification of that fact in at least one local newspaper circulating in the area in which the land is situated.

(3) A notification under subsection (1) shall specify the time (not being less than three months from the date of the giving of the notification) within which, and the manner in which, representations or objections with respect to it may be made; and the Council shall consider any representation or objection duly made.

(4) A notification under subsection (1)(b) shall also specify--

(a) the flora, fauna, or geological or physiographical features by reason of which the land is of special interest, and

(b) any operations appearing to the Council to be likely to damage that flora or fauna or those features,

and shall contain a statement of the Council's views about the management of the land (including any views the Council may have about the conservation and enhancement of that flora or fauna or those features).

(5) Where a notification under subsection (1) has been given, the Council may within the period of nine months beginning with the date on which the notification was served on the Secretary of State either--

(a) give notice to the persons mentioned in subsection (1) withdrawing the notification; or

(b) give notice to those persons confirming the notification (with or without modifications).

(6) A notification shall cease to have effect--

(a) on the giving of notice of its withdrawal under subsection (5)(a) to any of the persons mentioned in subsection (1); or

(b) if not withdrawn or confirmed by notice under subsection (5) within the period of nine months referred to there, at the end of that period.

(7) The Council's power under subsection (5)(b) to confirm a notification under subsection (1) with modifications shall not be exercised so as to add to the operations specified in the notification or extend the area to which it applies.

(8) As from the time when there is served on the owner or occupier of any land which has been notified under subsection (1)(b) a notice under subsection (5)(b) confirming the notification with modifications, the notification shall have effect in its modified form in relation to so much (if any) of that land as remains subject to it.

(9) A notification under subsection (1)(b) of land in England and Wales shall be a local land charge.

(10) For the purposes of this section and sections 28A to 28D, "local planning authority", in relation to land within the Broads, includes the Broads Authority.

28A Variation of notification under section 28

(1) At any time after notice has been given under section 28(5)(b) confirming a notification (with or without modifications), the Nature Conservancy Council may by notice vary the matters specified or stated in the confirmed notification (whether by adding to them, changing them, or removing matter from them).

(2) The area of land cannot be varied under this section.

(3) The Council shall give notice setting out the variation to--

(a) the local planning authority in whose area the land is situated,

(b) every owner and occupier of any of the land who in the opinion of the Council may be affected by the variation, and

and after service of a notice under paragraph (b) the notification under section 28(1)(b) shall have effect in its varied form.

(4) Section 28(3) shall apply to such a notice as it applies to a notification under section 28(1).

(5) Where a notice under subsection (3) has been given, the Council may within the period of nine months beginning with the date the last of the owners and occupiers referred to in subsection (3)(b) was served with the notice either--

(a) give notice to the persons mentioned in subsection (3) withdrawing the notice; or

(b) give notice to them confirming the notice (with or without modifications).

(6) A notice under subsection (3) shall cease to have effect--

(a) on the giving of notice of its withdrawal under subsection (5)(a) to any of the persons mentioned in subsection (3); or

(b) if not withdrawn or confirmed by notice under subsection (5) within the period of nine months referred to in that subsection, at the end of that period.

(7) As from the time when there is served on the owner or occupier of any land a notice under subsection (5)(b) confirming a notice of variation with modifications, the notification under section 28(1)(b) shall have effect as so varied.

(8) A local land charge existing by virtue of section 28(9) shall be varied in accordance with a notice under subsection (3) or (5)(b).

28B Notification of additional land

(1) Where the Nature Conservancy Council are of the opinion that if land adjacent to a site of special scientific interest ("the extra land") were combined with the site of special scientific interest ("the SSSI"), the combined area of land would be of special interest by reason of any of its flora, fauna, or geological or physiographical features, the Council may decide to notify that fact.

(2) If they do so decide, the persons whom they must notify are--

(a) the local planning authority in whose area the extra land is situated;

(b) every owner and occupier of any of that extra land; and

(3) No such notification may be given until after notice has been given under section 28(5)(b) confirming (with or without modifications) the notification under section 28(1) relating to the SSSI.

(4) Subsections (2) and (3) of section 28 shall apply for the purposes of this section as they apply for the purposes of that section.

(5) A notification under subsection (2)(b) shall also specify--

(a) the area of land constituting the SSSI;

(b) what (as at the date of the notification under subsection (2)(b)) is specified or contained in the notification under section 28(1)(b) relating to the SSSI by virtue of section 28(4); and

(6) In addition, the notification under subsection (2)(b) shall include a statement--

(a) saying whether or not anything among the matters specified in the notification by virtue of subsection (5)(c) is particularly relevant to the extra land; and

(b) if any such thing is of particular relevance, specifying which.

(7) Subsections (5) to (7) of section 28 apply in relation to a notification under subsection (2) of this section as they apply in relation to a notification under subsection (1) of that section, as if references to "subsection (1)" in section 28(5) to (7) were references to subsection (2) of this section.

(8) As from the time when a notification under subsection (2)(b) is served on the owner or occupier of any land, the notification under section 28(1)(b) shall have effect as if it included the notification under subsection (2)(b).

(9) As from the time when there is served on the owner or occupier of any land which has been notified under subsection (2)(b) a notice under section 28(5)(b) (as applied by subsection (7) of this section) confirming the notification under subsection (2)(b) with modifications, the notification under section 28(1)(b) (as extended by virtue of subsection (8) of this section) shall have effect in its modified form.

(10) A local land charge existing by virtue of section 28(9) shall be varied in accordance with a notification under subsection (2) or under section 28(5)(b) as applied by subsection (7) of this section.

28C Enlargement of SSSI

(1) Where the Nature Conservancy Council are of the opinion that any area of land which includes, but also extends beyond, a site of special scientific interest ("the SSSI") is of special interest by reason of any of its flora, fauna, or geological or physiographical features, the Council may decide to notify that fact.

(2) If they do so decide, the persons whom they must notify are--

(a) the local planning authority in whose area the land (including the SSSI) is situated;

(b) every owner and occupier of any of that land (including the SSSI); and

(3) Subsections (2) to (8) of section 28 apply to a notification under subsection (2) of this section as they apply to a notification under subsection (1) of that section, as if references to "subsection (1)" and "subsection (1)(b)" in section 28(2) to (8) were references to subsection (2) and subsection (2)(b) of this section respectively.

(4) No notification may be given under subsection (2) until after notice has been given under section 28(5)(b) (or section 28(5)(b) as applied by subsection (3)) confirming (with or without modifications) the notification under section 28(1) (or subsection (2)) relating to the SSSI.

(5) As from the time when a notification under subsection (2) is served on the owner or occupier of any land included in the SSSI, the notification in relation to that land which had effect immediately before the service of the notification under subsection (2) shall cease to have effect.

(6) A notification under subsection (2)(b) of land in England and Wales shall be a local land charge; and, to the extent that any such land was the subject of a local land charge by virtue of section 28(9), that local land charge shall be discharged.

(7) A notice under section 28E(1)(a) and a consent under section 28E(3)(a) given before a notification under subsection (2)(b) continue to have effect.

(8) The enlargement of a site of special scientific interest under this section does not affect anything done under section 28J to 28L.

(9) Any reference to--

(a) a notification under section 28(1) (or any of its paragraphs) shall be construed as including the corresponding notification under subsection (2);

(b) a notification under section 28(5)(b) shall be construed as including a notification under that provision as applied by subsection (3); and

(c) a local land charge existing by virtue of section 28(9) shall be treated as including one existing by virtue of subsection (6).

28D Denotification

(1) Where the Nature Conservancy Council are of the opinion that all or part of a site of special scientific interest is no longer of special interest by reason of any of the matters mentioned in section 28(1), they may decide to notify that fact.

(2) If they do so decide, the persons whom they must notify are--

(a) the local planning authority in whose area the land which the Council no longer consider to be of special interest is situated;

(b) every owner and occupier of any of that land;

(d) the Environment Agency; and

(e) every relevant undertaker (within the meaning of section 4(1) of the [1991 c. 56.] Water Industry Act 1991) and every internal drainage board (within the meaning of section 61C(1) of the [1991 c. 59.] Land Drainage Act 1991) whose works, operations or activities may affect the land.

(3) The Council shall also publish a notification of that fact in at least one local newspaper circulating in the area in which the land referred to in subsection (2)(a) is situated.

(4) Section 28(3) shall apply to a notification under subsection (2) or (3) as it applies to a notification under section 28(1).

(5) Where a notification under subsection (2) has been given, the Council may within the period of nine months beginning with the date on which the notification was served on the Secretary of State either--

(a) give notice to the persons mentioned in subsection (2) withdrawing the notification, or

(b) give notice to those persons confirming the notification, or confirming it in relation to an area of land specified in the notice which is smaller than that specified in the notification under subsection (2),

but if they do neither the notification shall cease to have effect.

(6) A notification under subsection (2) shall have effect in relation to any land as from the time a notice under subsection (5)(b) is served on its owner or occupier, and from that time a notification under section 28(1)(b) in relation to that land shall cease to have effect.

(7) A local land charge existing by virtue of section 28(9) shall be discharged in relation to land which is the subject of a notice under subsection (5)(b).

28E Duties in relation to sites of special scientific interest

(1) The owner or occupier of any land included in a site of special scientific interest shall not while the notification under section 28(1)(b) remains in force carry out, or cause or permit to be carried out, on that land any operation specified in the notification unless--

(a) one of them has, after service of the notification, given the Nature Conservancy Council notice of a proposal to carry out the operation specifying its nature and the land on which it is proposed to carry it out; and

(b) one of the conditions specified in subsection (3) is fulfilled.

(2) Subsection (1) does not apply to an owner or occupier being an authority to which section 28G applies acting in the exercise of its functions.

(3) The conditions are--

(a) that the operation is carried out with the Council's written consent;

(b) that the operation is carried out in accordance with the terms of an agreement under section 16 of the 1949 Act or section 15 of the 1968 Act;

(c) that the operation is carried out in accordance with a management scheme under section 28J or a management notice under section 28K.

(4) A consent under subsection (3)(a) may be given--

(a) subject to conditions, and

(b) for a limited period,

as specified in the consent.

(5) If the Council do not consent, they shall give notice saying so to the person who gave the notice under subsection (1).

(6) The Council may, by notice given to every owner and occupier of any of the land included in the site of special scientific interest, or the part of it to which the consent relates--

(a) withdraw the consent; or

(b) modify it (or further modify it) in any way.

(7) The following--

(a) a consent under subsection (3)(a) granting consent subject to conditions or for a limited period, and

(b) a notice under subsection (5) or (6),

must include a notice of the Council's reasons for imposing the conditions, for the limitation of the period, for refusing consent, or for withdrawing or modifying the consent, and also a notice of the matters set out in subsection (8).

(8) The matters referred to in subsection (7) are--

(a) the rights of appeal under section 28F;

(b) the effect of subsection (9); and

(9) A withdrawal or modification of a consent is not to take effect until--

(a) the expiry of the period for appealing against it; or

(b) if an appeal is brought, its withdrawal or final determination.

(10) The Council shall have power to enforce the provisions of this section.

28F Appeals in connection with consents

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