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

(The document as of February, 2008)

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(4) Where, after a person is convicted of an offence under subsection (3) above, the highway authority for the highway concerned exercise any power to remove the cause of the obstruction, they may recover from that person the amount of any expenses reasonably incurred by them in, or in connection with, doing so.

(5) A person against whom an order is made under subsection (1) above is not liable under section 137 above in respect of the obstruction concerned--

(a) during the period fixed under that subsection or any extension under subsection (2) above, or

(b) during any period fixed under section 311(1) below by a court before whom he is convicted of an offence under subsection (3) above in respect of the order. "

(2) Subsection (1) does not have effect in relation to any offence under section 137 of the 1980 Act committed before the commencement of this section.

65 Overhanging vegetation obstructing horse-riders

In section 154 of the 1980 Act (cutting or felling etc. trees etc. that overhang or are a danger to roads or footpaths) in subsection (1) after "public lamp," there is inserted "or overhangs a highway so as to endanger or obstruct the passage of horse-riders,".

Miscellaneous

66 Making of traffic regulation orders for purposes of conserving natural beauty, etc

(1) In section 22 of the [1984 c. 27.] Road Traffic Regulation Act 1984 (traffic regulation for special areas in the countryside), in subsection (1)(a)--

(a) the words "(other than Greater London)" are omitted,

(b) at the end of paragraph (vi), the word "or" is omitted, and

" or

(viii) a site of special scientific interest (within the meaning of the Wildlife and Countryside Act 1981); " .

(2) In subsection (2) of that section, for "the paragraphs of subsection (1) of that section" there is substituted "paragraphs (a) to (g) of subsection (1) of that section and referred to in section 6(1)(b) of this Act".

(3) After subsection (4) of that section there is inserted--

" (5) In subsection (2) above the reference to conserving the natural beauty of an area shall be construed as including a reference to conserving its flora, fauna and geological and physiographical features. " .

(4) After that section there is inserted--

" 22A Traffic regulation on certain roads for purpose of conserving natural beauty

(1) This section applies to roads other than--

(a) roads to which section 22 of this Act applies,

(b) special roads, or

(c) any road which is a trunk road, a classified road, a GLA road, a cycle track, a bridleway or a footpath, as those expressions are defined by section 329 of the [1980 c. 66.] Highways Act 1980.

(2) This Act shall have effect as respects roads to which this section applies as if, in relation to the making of provision with respect to vehicular traffic, the list of purposes for which a traffic regulation order under section 1 of this Act may be made, as set out in paragraphs (a) to (g) of subsection (1) of that section and referred to in section 6(1)(b) of this Act, included the purpose of conserving or enhancing the natural beauty of the area.

(3) In subsection (2) above the reference to conserving the natural beauty of an area shall be construed as including a reference to conserving its flora, fauna and geological and physiographical features. "

67 Prohibition on driving mechanically propelled vehicles elsewhere than on roads

Schedule 7 (which makes amendments relating to the driving of mechanically propelled vehicles elsewhere than on roads) has effect.

68 Vehicular access across common land etc

(1) This section applies to a way which the owner or occupier (from time to time) of any premises has used as a means of access for vehicles to the premises, if that use of the way--

(a) was an offence under an enactment applying to the land crossed by the way, but

(b) would otherwise have been sufficient to create on or after the prescribed date, and to keep in existence, an easement giving a right of way for vehicles.

(2) Regulations may provide, as respects a way to which this section applies, for the creation in accordance with the regulations, on the application of the owner of the premises concerned and on compliance by him with prescribed requirements, of an easement subsisting at law for the benefit of the premises and giving a right of way for vehicles over that way.

(3) An easement created in accordance with the regulations is subject to any enactment or rule of law which would apply to such an easement granted by the owner of the land.

(4) The regulations may in particular--

(a) require that, where an application is made after the relevant use of the way has ceased, it is to be made within a specified time,

(b) specify grounds on which objections may be made and the procedure to apply to the making of objections,

(c) require any matter to be referred to and determined by the Lands Tribunal, and make provision as to procedure and costs,

(d) make provision as to the payment of any amount by the owner of the premises concerned to any person or into court and as to the time when any payment is to be made,

(e) provide for the determination of any such amount,

(f) make provision as to the date on which any easement is created,

(g) specify any limitation to which the easement is subject,

(h) provide for the easement to include any specified right incidental to the right of way,

(i) make different provision for different circumstances.

(5) In this section--

"enactment" includes an enactment in a local or private Act and a byelaw, regulation or other provision having effect under an enactment;
"owner", in relation to any premises, means--
(a)
a person, other than a mortgagee not in possession, who is for the time being entitled to dispose of the fee simple of the premises, whether in possession or in reversion, or
(b)
a tenant under a long lease, within the meaning of the [1987 c. 31.] Landlord and Tenant Act 1987;
"prescribed" means prescribed by regulations;
"regulations" means regulations made, as respects England, by the Secretary of State and, as respects Wales, by the National Assembly for Wales.

(6) Regulations under this section shall be made by statutory instrument, and no such regulations shall be made by the Secretary of State unless a draft has been laid before, and approved by a resolution of, each House of Parliament.

69 Erection or improvement of stiles, etc

(1) In section 147 of the 1980 Act (power to authorise erection of stiles etc on footpath or bridleway) after subsection (2) there is inserted--

" (2A) In exercising their powers under subsection (2) above a competent authority shall have regard to the needs of persons with mobility problems.

(2B) The Secretary of State may issue guidance to competent authorities as to matters to be taken into account for the purposes of subsection (2) above; and in exercising their powers under subsection (2) above competent authorities shall have regard to any such guidance issued to them. "

(2) In subsection (5) of that section, at the end there is inserted "or for the breeding or keeping of horses."

(3) After that section there is inserted--

" 147ZA Agreements relating to improvements for benefit of persons with mobility problems

(1) With respect to any relevant structure, a competent authority may enter into an agreement with the owner, lessee or occupier of the land on which the structure is situated which provides--

(a) for the carrying out by the owner, lessee or occupier of any qualifying works and the payment by the competent authority of the whole or any part of the costs incurred by him in carrying out those works, or

(b) for the carrying out by the competent authority of any qualifying works at their own expense or subject to the payment by the owner, lessee or occupier of the whole or any part of the costs incurred in carrying out those works.

(2) In this section--

(a) "competent authority" has the same meaning as in section 147 above,

(b) "relevant structure" means a stile, gate or other structure which--

(i) is authorised by a condition or limitation subject to which the public right of way over the footpath or bridleway was created, or

(ii) is authorised under section 147 above,

but does not include a structure to which an agreement falling within section 146(5)(b) above relates, and

(c) "qualifying works", in relation to a relevant structure, means works for replacing or improving the structure which will result in a structure that is safer or more convenient for persons with mobility problems.

(3) An agreement under this section may include such conditions as the competent authority think fit.

(4) Those conditions may in particular include conditions expressed to have enduring effect--

(a) for the maintenance of the structure as replaced or improved, and

(b) for enabling the public right of way to be exercised without undue inconvenience to the public.

(5) Where an agreement under this section has been entered into in relation to any structure--

(a) the public right of way is to be deemed to be subject to a condition that the structure as replaced or improved may be erected and maintained in accordance with the agreement so long as any conditions included by virtue of subsection (4) above are complied with,

(b) in a case falling within subsection (2)(b)(i) above, as from the effective date the previous condition or limitation relating to the relevant structure shall cease to have effect, and

(c) in a case falling within subsection (2)(b)(ii) above, as from the effective date the previous authorisation under section 147 above shall cease to have effect in relation to the relevant structure.

(6) In subsection (5) above "the effective date" means--

(a) the first anniversary of the day on which the agreement was entered into, or

(b) such earlier date as may be specified for the purposes of this subsection in the agreement.

(7) For the purposes of section 143 above, any stile, gate or other structure replaced or improved in pursuance of an agreement under this section is to be deemed to be erected under this section only if any conditions included by virtue of subsection (4) above are complied with.

(8) A competent authority may not enter into an agreement under this section except with the consent of every owner, lessee or occupier of the land on which the relevant structure is situated who is not a party to the agreement.

(9) The Secretary of State may issue guidance to competent authorities as to matters to be taken into account for the purposes of this section; and in exercising their powers under this section competent authorities shall have regard to any such guidance issued to them. "

(4) In section 146 of the 1980 Act (duty to maintain stiles etc. on footpaths and bridleways) in subsection (5), before the word "or" at the end of paragraph (a) there is inserted--

" (aa) if any conditions for the maintenance of the structure imposed by virtue of subsection (4) of section 147ZA below are for the time being in force under that section, " .

(5) In section 344 of the 1980 Act (application to Isles of Scilly) in subsection (2)(a) after "147," there is inserted "147ZA,".

70 Minor amendments

(1) In section 66(3) of the 1980 Act (works for safeguarding persons using footpaths)--

(a) after "footpath" there is inserted "or bridleway", and

(b) after "barriers," there is inserted "posts,".

(2) In section 134 of that Act, subsection (5) (which limits the persons who may bring proceedings for failure to restore a public path disturbed by ploughing etc.) is omitted.

(3) In section 300 of that Act (right of local authorities to use vehicles and appliances on footways and bridleways), in subsection (1) after "verges," there is inserted "for preventing or removing obstructions to them or otherwise preventing or abating nuisances or other interferences with them,".

(4) In section 21(2)(b) of the [1988 c. 52.] Road Traffic Act 1988 (defence to charge of driving or parking on cycle track for highway authority vehicles), after "verges" there is inserted ", or the preventing or removing of obstructions to the cycle track or the preventing or abating in any other way of nuisances or other interferences with the cycle track,".

71 Reports on functions relating to rights of way

(1) The Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales) may make regulations requiring local highway authorities of a description specified in the regulations to publish reports on the performance of any of their functions so far as relating to local rights of way (whether or not those functions are conferred on them as highway authorities).

(2) Subsection (1) is without prejudice to section 230 of the [1972 c. 70.] Local Government Act 1972 (reports and returns).

(3) Regulations under subsection (1) may prescribe the information to be given in such reports and how and when reports are to be published.

(4) Regulations under subsection (1) shall be made by statutory instrument, and a statutory instrument containing such regulations made by the Secretary of State shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(5) In this section--

"local highway authority" has the same meaning as in the 1980 Act, except that it does not include Transport for London; and
"local rights of way" has the same meaning as in section 60.

72 Interpretation of Part II

(1) In this Part, unless a contrary intention appears--

(a) "restricted byway" and "restricted byway rights" have the meaning given by section 48(4);

(b) expressions which are defined for the purposes of Part III of the 1981 Act by section 66(1) of that Act have the same meaning as in that Part.

(2) In this Part any reference to a highway includes a reference to part of a highway.

Part III Nature conservation and wildlife protection

The Nature Conservancy Council for England

73 The Nature Conservancy Council for England: change of name

(1) The Nature Conservancy Council for England shall be known instead as English Nature.

(2) For any reference to the Nature Conservancy Council for England--

(a) in any provision of a local Act or subordinate legislation, or

(b) in any other instrument or document,

there is substituted, as respects any time after the commencement of subsection (1), a reference to English Nature.

(3) Any reference to English Nature in this Act (apart from this section), or in any instrument under this Act, shall be construed, in relation to any time before the commencement of subsection (1), as a reference to the Nature Conservancy Council for England.

(4) Schedule 8 (which makes amendments consequential on subsection (1)) has effect.

Biological diversity

74 Conservation of biological diversity

(1) It is the duty of--

(a) any Minister of the Crown (within the meaning of the Ministers of the [1975 c. 26.] Crown Act 1975),

(b) any Government department, and

in carrying out his or its functions, to have regard, so far as is consistent with the proper exercise of those functions, to the purpose of conserving biological diversity in accordance with the Convention.

(2) The Secretary of State, as respects England, and the National Assembly for Wales, as respects Wales, shall each publish a list of, or lists which together comprise, the living organisms and types of habitat which in the opinion of the Secretary of State or the Assembly (as the case may be) are of principal importance for the purpose mentioned in subsection (1).

(3) Without prejudice to subsection (1), it is the duty of a listing authority to take, or to promote the taking by others of, such steps as appear to the authority to be reasonably practicable to further the conservation of the living organisms and types of habitat included in any list published by the authority under this section.

(4) Before publishing the list or lists required by subsection (2) the listing authority shall consult the appropriate conservation body as to the living organisms or types of habitat to be included in the list or lists.

(5) Each listing authority shall, in consultation with the appropriate conservation body--

(a) keep under review any list published by the authority under this section,

(b) make such revisions of any such list as appear to the authority to be appropriate, and

(6) A duty under this section to publish a list is a duty to publish it in such manner as the listing authority thinks fit.

(7) In this section--

"appropriate conservation body" means--
(a)
as respects England, English Nature,
(b)
as respects Wales, the Countryside Council for Wales;
"biological diversity" has the same meaning as in the Convention;
"conservation" in relation to a living organism or type of habitat, includes the restoration or enhancement of a population or habitat;
"the Convention" means the United Nations Environmental Programme Convention on Biological Diversity of 1992;
"habitat" has the same meaning as in the Convention;
"listing authority"--
(a)
in relation to a list which the Secretary of State is required to publish under this section, means the Secretary of State;
(b)
in relation to a list which the National Assembly for Wales is required to publish under this section, means the National Assembly for Wales.

Sites of special scientific interest

75 Sites of special scientific interest

(1) Schedule 9 (which makes amendments of the 1981 Act to change the law relating to sites of special scientific interest, including provision as to offences) has effect.

(2) A notification under section 23 of the National Parks and Access to the [1949 c. 97.] Countryside Act 1949 (notification to local planning authorities of areas of special scientific interest) which by virtue of section 28(13) of the 1981 Act as originally enacted had effect as if given under section 28(1)(a) of that Act, shall cease to have effect.

(3) In section 15(2) of the [1968 c. 41.] Countryside Act 1968 (which provides for agreements between the Nature Conservancy Council and those with interests in land which is included in an area of special scientific interest, or is adjacent to such land), for "adjacent" there is substituted "other".

(4) After section 15 of the Countryside Act 1968 there is inserted--

" 15A Compulsory purchase

(1) The Nature Conservancy Council may in circumstances set out in subsection (2) acquire compulsorily all or any part of the land referred to in section 15(2).

(2) The circumstances are--

(a) that the Nature Conservancy Council are satisfied that they are unable to conclude, on reasonable terms, such an agreement as is referred to in section 15(2), or

(b) that they have entered into such an agreement, but they are satisfied it has been breached in such a way that the flora, fauna or geological or physiographical features referred to there are not being conserved satisfactorily.

(3) A dispute about whether or not there has been a breach of the agreement for the purposes of subsection (2)(b) shall be determined by an arbitrator appointed by the Lord Chancellor.

(4) Where the Nature Conservancy Council have acquired land compulsorily under this section, they may--

(a) themselves take steps to conserve the flora, fauna or geological or physiographical features in question, or

(b) dispose of the land on terms designed to secure that those flora, fauna or features are satisfactorily conserved.

(5) In this section, "Nature Conservancy Council" means English Nature as respects land in England, and the Council as respects land in Wales. "

76 Consequential amendments, transitional provisions and savings relating to s. 75

(1) Schedule 10 (which makes amendments of the 1981 Act consequential upon the substitution or repeal as respects England and Wales of certain sections in that Act, and also makes other consequential amendments) has effect.

(2) Schedule 11 (which makes transitional provisions and savings relating to the coming into force of section 75) has effect.

Ramsar sites

77 Ramsar sites

After section 37 of the 1981 Act there is inserted--

" 37A Ramsar sites

(1) Where a wetland in Great Britain has been designated under paragraph 1 of article 2 of the Ramsar Convention for inclusion in the list of wetlands of international importance referred to in that article, the Secretary of State shall--

(a) notify English Nature if all or part of the wetland is in England;

(b) notify the Countryside Council for Wales if it is in Wales; or

(2) Subject to subsection (3), upon receipt of a notification under subsection (1), each body notified shall, in turn, notify--

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

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

(d) 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 wetland.

(3) English Nature and the Countryside Council for Wales may agree that in a case where the Secretary of State notifies both of them under subsection (1)(c), any notice under subsection (2) is to be sent by one or the other of them (and not both), so as to avoid duplicate notices under that subsection.

(4) Subject to subsection (5), the "Ramsar Convention" is the Convention on Wetlands of International Importance especially as Waterfowl Habitat signed at Ramsar on 2nd February 1971, as amended by--

(a) the Protocol known as the Paris Protocol done at Paris on 3rd December 1982; and

(b) the amendments known as the Regina Amendments adopted at the Extraordinary Conference of the Contracting Parties held at Regina, Saskatchewan, Canada, between 28th May and 3rd June 1987.

(5) If the Ramsar Convention is further amended after the passing of the Countryside and Rights of Way Act 2000, the reference to the Ramsar Convention in subsection (1) is to be taken after the entry into force of the further amendments as referring to that Convention as further amended (and the reference to paragraph 1 of article 2 is, if necessary, to be taken as referring to the appropriate successor provision). "

Limestone pavement orders

78 Limestone pavement orders: offence

(1) In section 34(4) of the 1981 Act (which provides for an offence in connection with land designated by a limestone pavement order), for "the statutory maximum" there is substituted "£20,000".

(2) Subsection (1) does not have effect in relation to any offence committed before the commencement of this section.

Payments under certain agreements

79 Payments under agreements under s.16 of 1949 Act or s.15 of 1968 Act

In section 50 of the 1981 Act (which makes provision relating to payments under section 16 of the National Parks and Access to the [1949 c. 97.] Countryside Act 1949 or section 15 of the [1968 c. 41.] Countryside Act 1968), in subsection (1)(a), for sub-paragraphs (i) and (ii) and the preceding word "to" there is substituted "to any person; or".

Powers of entry

80 Powers of entry

(1) Section 51 of the 1981 Act (powers of entry) is amended as follows.

(2) In subsection (1), for paragraphs (a) to (d) there is substituted--

" (a) to determine whether the land should be notified under section 28(1);

(b) to assess the condition of the flora, fauna, or geological or physiographical features by reason of which land which has been notified under section 28(1) is of special interest;

(c) to determine whether or not to offer to enter into an agreement under section 16 of the 1949 Act or section 15 of the 1968 Act in relation to the land;

(d) to ascertain whether a condition to which a consent referred to in section 28E(3)(a) was subject has been complied with in relation to the land;

(e) to ascertain whether an offence under section 28P or under byelaws made by virtue of section 28R is being, or has been, committed on or in relation to the land;

(f) to formulate a management scheme for the land or determine whether a management scheme (or a proposed management scheme) for the land should be modified;

(g) to prepare a management notice for the land;

(h) to ascertain whether the terms of an agreement under section 16 of the 1949 Act or section 15 of the 1968 Act in relation to the land, or the terms of a management scheme or the requirements of a management notice in relation to the land, have been complied with;

(i) to determine whether or not to offer to make a payment under section 28M in relation to the land;

(j) to determine any question in relation to the acquisition of the land by agreement or compulsorily;

(k) to determine any question in relation to compensation under section 20(3) of the 1949 Act as applied by section 28R of this Act;

(l) to ascertain whether an order should be made in relation to the land under section 34 or if an offence under that section is being, or has been, committed on the land;

(m) to ascertain whether an order should be made in relation to the land under section 42 or if an offence under that section is being, or has been, committed on the land; " .

(3) After subsection (1) there is inserted--

" (1A) The power conferred by subsection (1) to enter land for any purpose includes power to enter for the same purpose any land other than that referred to in subsection (1).

(1B) More than one person may be authorised for the time being under subsection (1) to enter any land. "

(4) In subsection (2)--

(a) in paragraph (a), for "paragraphs (a) and (b)" there is substituted "paragraphs (a) to (k)";

(b) in paragraph (b), for "paragraph (c)" there is substituted "paragraph (l)"; and

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

" (b) the purpose of the entry is to ascertain if an offence under section 28P, 34 or 42 is being, or has been, committed on or (as the case may be) in relation to that land. "

(6) After subsection (3) there is inserted--

" (3A) A person acting in the exercise of a power conferred by subsection (1) may--

(a) use a vehicle or a boat to enter the land;

(b) take a constable with him if he reasonably believes he is likely to be obstructed;

(d) take samples of the land and of anything on it.

(3B) If in the exercise of a power conferred by subsection (1) a person enters land which is unoccupied or from which the occupier is temporarily absent, he must on his departure leave it as effectively secured against unauthorised entry as he found it. "

(7) After subsection (4) there is inserted--

" (5) It is the duty of a relevant authority to compensate any person who has sustained damage as a result of--

(a) the exercise of a power conferred by subsection (1) by a person authorised to do so by that relevant authority, or

(b) the failure of a person so authorised to perform the duty imposed on him by subsection (3B),

except where the damage is attributable to the fault of the person who sustained it; and any dispute as to a person's entitlement to compensation under this subsection or as to its amount shall be referred to an arbitrator to be appointed, in default of agreement, by the Secretary of State " .

Enforcement of wildlife legislation

81 Enforcement of wildlife legislation

(1) Schedule 12 to this Act (which contains amendments relating to offences and enforcement powers under Part I of the 1981 Act) has effect.

(2) In relation to England and Wales, regulations under section 2(2) of the [1972 c. 68.] European Communities Act 1972 ("the 1972 Act") for the purpose of implementing any of the instruments mentioned in subsection (3) may, notwithstanding paragraph 1(1)(d) of Schedule 2 to the 1972 Act, create offences punishable on summary conviction with imprisonment for a term not exceeding six months.

(3) Those instruments are--

(a) Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora as amended by the Act of Accession to the European Union of Austria, Finland and Sweden and by Council Directive 97/62/EC;

(b) Council Regulation 338/97/EC on the protection of species of wild fauna and flora by regulating the trade therein; and

Part IV Areas of outstanding natural beauty

82 Designation of areas

(1) Where it appears to the Countryside Agency (in this Part referred to as "the Agency") that an area which is in England but not in a National Park is of such outstanding natural beauty that it is desirable that the provisions of this Part relating to areas designated under this section should apply to it, the Agency may, for the purpose of conserving and enhancing the natural beauty of the area, by order designate the area for the purposes of this Part as an area of outstanding natural beauty.

(2) Where it appears to the Countryside Council for Wales (in this Part referred to as "the Council") that an area which is in Wales but not in a National Park is of such outstanding natural beauty that it is desirable that the provisions of this Part relating to areas designated under this section should apply to it, the Council may, for the purpose of conserving and enhancing the natural beauty of the area, by order designate the area for the purposes of this Part as an area of outstanding natural beauty.

(3) In this Part "area of outstanding natural beauty" means an area designated under this section as an area of outstanding natural beauty.

83 Procedure for designation orders

(1) Where the Agency or the Council propose to make an order under section 82, the Agency or the Council shall consult every local authority whose area includes any part of the area to which the proposed order is to relate.

(2) Before making the order, the Agency or the Council shall then publish, in the London Gazette and in one or more newspapers circulating in the area of every such local authority, notice that they propose to make the order, indicating the effect of the order and stating the time within which and manner in which representations with respect to the proposed order may be made to the Agency or the Council (as the case may be), and shall consider any representations duly made.

(3) An order under section 82 shall not come into operation unless and until confirmed--

(a) in the case of an order made by the Agency, by the Secretary of State, or

(b) in the case of an order made by the Council, by the National Assembly for Wales,

and, in submitting any such order to the Secretary of State or the Assembly, the Agency or Council shall forward to the Secretary of State or the Assembly any representations made by a local authority consulted under subsection (1) or made by any other person under subsection (2), other than representations to which effect is given by the order as submitted to the Secretary of State or the Assembly.

(4) The Secretary of State or the National Assembly for Wales may confirm an order submitted to him or it under this section either as submitted or with such modifications as the Secretary of State or the Assembly thinks expedient.

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