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Countryside and Rights of Way Act 2000 (c. 37)(The document as of February, 2008) Page 7 Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 | P.11 | P.12 | P.13 | P.14 | P.15 (1B) If regulations made for the purposes of paragraph (b) of subsection (1A) of this section provide for the period mentioned in that paragraph to come to an end unless prescribed steps are taken, the regulations may also require registration authorities to make available in accordance with the regulations, on payment of any prescribed fee, information relating to the taking of any such steps. " . Supplementary99 Wales(1) In Schedule 1 to the [S.I. 1999/672.] National Assembly for Wales (Transfer of Functions) Order 1999-- (a) the reference to the 1980 Act is to be treated as referring to that Act as amended by this Act, and (b) the reference to the 1981 Act is to be treated as referring to that Act as amended by this Act. (2) In that Schedule, at the end of the list of Public General Acts there is inserted-- " Countryside and Rights of Way Act 2000 (c. 37) Schedule 11. " . (3) Subsection (1), and the amendment made by subsection (2), do not affect the power to make further Orders varying or omitting the references mentioned in subsection (1) or the provision inserted by subsection (2). 100 Isles of Scilly(1) Subject to the provisions of any order under this section, the following provisions of this Act do not apply in relation to the Isles of Scilly-- (a) Part I; and (b) sections 58 to 61 and 71. (2) The Secretary of State may by order made by statutory instrument provide for the application of any of the provisions mentioned in subsection (1) in relation to the Isles of Scilly, subject to such modifications as may be specified in the order. (3) Part IV applies in relation to the Isles of Scilly subject to such modifications as may be specified in an order made by the Secretary of State by statutory instrument. (4) Before making an order under subsection (2) or (3), the Secretary of State shall consult the Council of the Isles of Scilly. (5) In section 344 of the 1980 Act (application to the Isles of Scilly)-- (a) in subsection (2)(a) for "121" there is substituted "121E, 130A to 130D", and (b) before "146" there is inserted "137ZA(4)". 101 ExpensesThere shall be paid out of money provided by Parliament-- (a) any increase attributable to this Act in the sums required by the Secretary of State for making grants to the Countryside Agency or English Nature, (b) any administrative expenses of a Minister of the Crown which are attributable to this Act, (c) any other expenditure of a Minister of the Crown or government department which is attributable to this Act, (d) any increase attributable to this Act in the sums which under any other enactment are payable out of money so provided. 102 RepealsThe enactments mentioned in Schedule 16 are repealed to the extent specified. 103 Commencement(1) The following provisions of this Act come into force on the day on which this Act is passed--
(2) The following provisions of this Act come into force at the end of the period of two months beginning with the day on which this Act is passed--
(3) The remaining provisions of this Act come into force on such day as the Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales) may by order made by statutory instrument appoint. (4) Different days may be appointed under subsection (3) for different purposes or different areas. (5) An order under subsection (3) may contain such transitional provisions or savings (including provisions modifying the effect of any enactment) as appear to the Secretary of State or the National Assembly for Wales (as the case may be) to be necessary or expedient in connection with any provision brought into force by the order. 104 Interpretation, short title and extent(1) In this Act--
(2) Any reference in this Act, or in any enactment amended by this Act, to the commencement of any provision of this Act is, in relation to any area, a reference to the commencement of that provision in relation to that area. (3) This Act may be cited as the Countryside and Rights of Way Act 2000. (4) Subject to the following provisions of this section, this Act extends to England and Wales only. (5) The following provisions extend also to Scotland--
(6) Paragraph 1 of Schedule 10 extends to Scotland only. (7) The provisions of Schedule 8 and of so much of Part III of Schedule 16 as relates to the enactments referred to in paragraphs 2 and 3 of Schedule 8 have the same extent as the enactments which they amend or repeal. SCHEDULESSection 1(2). SCHEDULE 1 Excepted land for purposes of Part IPart I Excepted land1 Land on which the soil is being, or has at any time within the previous twelve months been, disturbed by any ploughing or drilling undertaken for the purposes of planting or sowing crops or trees. 2 Land covered by buildings or the curtilage of such land. 3 Land within 20 metres of a dwelling. 4 Land used as a park or garden. 5 Land used for the getting of minerals by surface working (including quarrying). 6 Land used for the purposes of a railway (including a light railway) or tramway. 7 Land used for the purposes of a golf course, racecourse or aerodrome. 8 Land which does not fall within any of the preceding paragraphs and is covered by works used for the purposes of a statutory undertaking or a telecommunications code system, or the curtilage of any such land. 9 Land as respects which development which will result in the land becoming land falling within any of paragraphs 2 to 8 is in the course of being carried out. 10 Land within 20 metres of a building which is used for housing livestock, not being a temporary or moveable structure. 11 Land covered by pens in use for the temporary reception or detention of livestock. 12 Land habitually used for the training of racehorses. 13 Land the use of which is regulated by byelaws under section 14 of the [1892 c. 43.] Military Lands Act 1892 or section 2 of the [1900 c. 56.] Military Lands Act 1900. Part II Supplementary provisions14 In this Schedule--
15 (1) Land is not to be treated as excepted land by reason of any development carried out on the land, if the carrying out of the development requires planning permission under Part III of the [1990 c. 8.] Town and Country Planning Act 1990 and that permission has not been granted. (2) Sub-paragraph (1) does not apply where the development is treated by section 191(2) of the [1990 c. 8.] Town and Country Planning Act 1990 as being lawful for the purposes of that Act. 16 The land which is excepted land by virtue of paragraph 10 does not include-- (a) any means of access, as defined by section 34, or (b) any way leading to such a means of access, if the means of access is necessary for giving the public reasonable access to access land. 17 Land which is habitually used for the training of racehorses is not to be treated by virtue of paragraph 11 as excepted land except-- (a) between dawn and midday on any day, and (b) at any other time when it is in use for that purpose. Section 2. SCHEDULE 2 Restrictions to be observed by persons exercising right of accessGeneral restrictions1 Section 2(1) does not entitle a person to be on any land if, in or on that land, he-- (a) drives or rides any vehicle other than an invalid carriage as defined by section 20(2) of the [1970 c. 44.] Chronically Sick and Disabled Persons Act 1970, (b) uses a vessel or sailboard on any non-tidal water, (c) has with him any animal other than a dog, (d) commits any criminal offence, (e) lights or tends a fire or does any act which is likely to cause a fire, (f) intentionally or recklessly takes, kills, injures or disturbs any animal, bird or fish, (g) intentionally or recklessly takes, damages or destroys any eggs or nests, (h) feeds any livestock, (i) bathes in any non-tidal water, (j) engages in any operations of or connected with hunting, shooting, fishing, trapping, snaring, taking or destroying of animals, birds or fish or has with him any engine, instrument or apparatus used for hunting, shooting, fishing, trapping, snaring, taking or destroying animals, birds or fish, (k) uses or has with him any metal detector, (l) intentionally removes, damages or destroys any plant, shrub, tree or root or any part of a plant, shrub, tree or root, (m) obstructs the flow of any drain or watercourse, or opens, shuts or otherwise interferes with any sluice-gate or other apparatus, (n) without reasonable excuse, interferes with any fence, barrier or other device designed to prevent accidents to people or to enclose livestock, (o) neglects to shut any gate or to fasten it where any means of doing so is provided, except where it is reasonable to assume that a gate is intended to be left open, (p) affixes or writes any advertisement, bill, placard or notice, (q) in relation to any lawful activity which persons are engaging in or are about to engage in on that or adjoining land, does anything which is intended by him to have the effect-- (i) of intimidating those persons so as to deter them or any of them from engaging in that activity, (ii) of obstructing that activity, or (iii) of disrupting that activity, (r) without reasonable excuse, does anything which (whether or not intended by him to have the effect mentioned in paragraph (q)) disturbs, annoys or obstructs any persons engaged in a lawful activity on the land, (s) engages in any organised games, or in camping, hang-gliding or para-gliding, or (t) engages in any activity which is organised or undertaken (whether by him or another) for any commercial purpose. 2 (1) In paragraph 1(k), "metal detector" means any device designed or adapted for detecting or locating any metal or mineral in the ground. (2) For the purposes of paragraph 1(q) and (r), activity on any occasion on the part of a person or persons on land is "lawful" if he or they may engage in the activity on the land on that occasion without committing an offence or trespassing on the land. 3 Regulations may amend paragraphs 1 and 2. 4 During the period beginning with 1st March and ending with 31st July in each year, section 2(1) does not entitle a person to be on any land if he takes, or allows to enter or remain, any dog which is not on a short lead. 5 Whatever the time of year, section 2(1) does not entitle a person to be on any land if he takes, or allows to enter or remain, any dog which is not on a short lead and which is in the vicinity of livestock. 6 In paragraphs 4 and 5, "short lead" means a lead of fixed length and of not more than two metres. Removal or relaxation of restrictions7 (1) The relevant authority may by direction, with the consent of the owner of any land, remove or relax any of the restrictions imposed by paragraphs 1, 4 and 5 in relation to that land, either indefinitely or during a specified period. (2) In sub-paragraph (1), the reference to a specified period includes references-- (a) to a specified period in every calendar year, or (b) to a period which is to be determined by the owner of the land in accordance with the direction and notified by him to the relevant authority in accordance with regulations. (3) Regulations may make provision as to-- (a) the giving or revocation of directions under this paragraph, (b) the variation of any direction given under this paragraph by a subsequent direction so given, (c) the giving or revocation of consent for the purposes of sub-paragraph (1), and (d) the steps to be taken by the relevant authority or the owner for informing the public about any direction under this paragraph or its revocation. (4) In this paragraph--
Dedicated land8 In relation to land to which a dedication under section 16 relates (whether or not it would be access land apart from the dedication), the provisions of this Schedule have effect subject to the terms of the dedication. Section 8(2). SCHEDULE 3 Delegation of appellate functionsInterpretation1 In this Schedule--
Appointments2 An appointment under section 8(1)(a) must be in writing and-- (a) may relate to any particular appeal or matter specified in the appointment or to appeals or matters of a description so specified, (b) may provide for any function to which it relates to be exercisable by the appointed person either unconditionally or subject to the fulfilment of such conditions as may be specified in the appointment, and (c) may, by notice in writing given to the appointed person, be revoked at any time by the appointing authority in respect of any appeal or matter which has not been determined by the appointed person before that time. Powers of appointed person3 Subject to the provisions of this Schedule, an appointed person shall, in relation to any appeal or matter to which his appointment relates, have the same powers and duties as the appointing authority, other than-- (a) any function of making regulations; (b) any function of holding an inquiry or other hearing or of causing an inquiry or other hearing to be held; or (c) any function of appointing a person for the purpose-- (i) of enabling persons to appear before and be heard by the person so appointed; or (ii) of referring any question or matter to that person. Holding of local inquiries and other hearings by appointed persons4 (1) If either of the parties to an appeal or matter expresses a wish to appear before and be heard by the appointed person, the appointed person shall give both of them an opportunity of appearing and being heard. (2) Whether or not a party to an appeal or matter has asked for an opportunity to appear and be heard, the appointed person-- (a) may hold a local inquiry or other hearing in connection with the appeal or matter, and (b) shall, if the appointing authority so directs, hold a local inquiry in connection with the appeal or matter. (3) Where an appointed person holds a local inquiry or other hearing by virtue of this Schedule, an assessor may be appointed by the appointing authority to sit with the appointed person at the inquiry or hearing and advise him on any matters arising, notwithstanding that the appointed person is to determine the appeal or matter. (4) Subject to paragraph 5, the costs of a local inquiry held under this Schedule shall be defrayed by the appointing authority. Local inquiries under this Schedule: evidence and costs5 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 the inquiry)-- (i) references to the Minister causing the inquiry to be held were references to the appointing authority, and (ii) references to a local authority included references to the appropriate countryside body, 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 appointing authority. Revocation of appointments and making of new appointments6 (1) Where under paragraph 2(c) the appointment of the appointed person is revoked in respect of any appeal or matter, the appointing authority shall, unless he proposes to determine the appeal or matter himself, appoint another person under section 8(1)(a) to determine the appeal or matter instead. (2) Where such a new appointment is made, the consideration of the appeal or matter, or any hearing in connection with it, shall be begun afresh. (3) Nothing in sub-paragraph (2) shall require any person to be given an opportunity of making fresh representations or modifying or withdrawing any representations already made. Certain acts and omissions of appointed person to be treated as those of appointing authority7 (1) Anything done or omitted to be done by an appointed person in, or in connection with, the exercise or purported exercise of any function to which the appointment relates shall be treated for all purposes as done or omitted to be done by the appointing authority. (2) Sub-paragraph (1) does not apply-- (a) for the purposes of so much of any contract made between the appointing authority and the appointed person as relates to the exercise of the function, or (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. Section 46(3). SCHEDULE 4 Minor and consequential amendments relating to Part ILaw of Property Act 1925 (c. 20)1 In section 193(1) of the Law of Property Act 1925 (rights of public over commons and waste lands), in paragraph (b) of the proviso, after "injuriously affected," there is inserted "for conserving flora, fauna or geological or physiographical features of the land,". Forestry Act 1967 (c. 10)2 In section 9 of the Forestry Act 1967 (requirement of licence for felling), in the definition of "public open space" in subsection (6), after "1949" there is inserted "or Part I of the Countryside and Rights of Way Act 2000)". Agriculture Act 1967 (c. 52)3 In section 52 of the Agriculture Act 1967 (control of afforestation), in the definition of "public open space" in subsection (15), after "1949" there is inserted "or Part I of the Countryside and Rights of Way Act 2000)". Countryside Act 1968 (c. 41)4 In section 2(6) of the Countryside Act 1968 (Countryside Agency and Countryside Council for Wales to make recommendations to public bodies in relation to byelaws) for "and the Act of 1949" there is substituted ", the Act of 1949 and Part I of the Countryside and Rights of Way Act 2000". Local Government Act 1974 (c. 7)5 In section 9 of the Local Government Act 1974 (grants and loans by Countryside Agency and Countryside Council for Wales), for "or the National Parks and Access to the Countryside Act 1949" there is substituted ", the National Parks and Access to the Countryside Act 1949 or the Countryside and Rights of Way Act 2000". Wildlife and Countryside Act 1981 (c. 69)6 In paragraph 13(1) of Schedule 13 to the Wildlife and Countryside Act 1981 (Countryside Agency's annual report on the discharge of their functions) after "1968 Act" there is inserted ", the Countryside and Rights of Way Act 2000". Section 51. SCHEDULE 5 Definitive maps and statements and restricted bywaysPart I Amendments of Part III of Wildlife and Countryside Act 19811 (1) Section 53 of the 1981 Act is amended as follows. (2) In subsection (1) (meaning of "definitive map and statement") after "subject to section 57(3)" there is inserted "and 57A(1)". (3) In subsection (3)(a)(iii), after "public path" there is inserted "or a restricted byway". (4) In subsection (3)(c)(i) for "a right of way to which this Part applies" there is substituted "a right of way such that the land over which the right subsists is a public path or, subject to section 54A, a byway open to all traffic". (5) In subsection (4), after "public path" there is inserted ", restricted byway". (6) After subsection (4) there is inserted-- " (4A) Subsection (4B) applies to evidence which, when considered with all other relevant evidence available to the surveying authority, shows as respects a way shown in a definitive map and statement as a restricted byway that the public have, and had immediately before the commencement of section 47 of the Countryside and Rights of Way Act 2000, a right of way for vehicular and all other kinds of traffic over that way. (4B) For the purposes of subsection (3)(c)(ii), such evidence is evidence which, when so considered, shows that the way concerned ought, subject to section 54A, to be shown in the definitive map and statement as a byway open to all traffic. " (7) After subsection (5) there is inserted-- " (5A) Evidence to which subsection (4B) applies on the commencement of section 47 of the Countryside and Rights of Way Act 2000 shall for the purposes of subsection (5) and any application made under it be treated as not having been discovered by the surveying authority before the commencement of that section. " 2 After section 53 of that Act there is inserted-- " 53A Power to include modifications in other orders(1) This section applies to any order-- (a) which is of a description prescribed by regulations made by the Secretary of State, (b) whose coming into operation would, as regards any definitive map and statement, be an event within section 53(3)(a), (c) which is made by the surveying authority, and (d) which does not affect land outside the authority's area. (2) The authority may include in the order such provision as it would be required to make under section 53(2)(b) in consequence of the coming into operation of the other provisions of the order. (3) An authority which has included any provision in an order by virtue of subsection (2)-- (a) may at any time before the order comes into operation, and (b) shall, if the order becomes subject to special parliamentary procedure, withdraw the order and substitute for it an order otherwise identical but omitting any provision so included. (4) Anything done for the purposes of any enactment in relation to an order withdrawn under subsection (3) shall be treated for those purposes as done in relation to the substituted order. (5) No requirement for the confirmation of an order applies to provisions included in the order by virtue of subsection (2), but any power to modify an order includes power to make consequential modifications to any provision so included. (6) Provisions included in an order by virtue of subsection (2) shall take effect on the date specified under section 56(3A) as the relevant date. (7) Where any enactment provides for questioning the validity of an order on any grounds, the validity of any provision included by virtue of subsection (2) may be questioned in the same way on the grounds-- (a) that it is not within the powers of this Part, or (b) that any requirement of this Part or of regulations made under it has not been complied with. (8) Subject to subsections (5) to (7), the Secretary of State may by regulations provide that any procedural requirement as to the making or coming into operation of an order to which this section applies shall not apply, or shall apply with modifications prescribed by the regulations, to so much of the order as contains provision included by virtue of subsection (2). (9) Regulations under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament. 53B Register of applications under section 53(1) Every surveying authority shall keep, in such manner as may be prescribed, a register containing such information as may be prescribed with respect to applications under section 53(5). (2) The register shall contain such information as may be prescribed with respect to the manner in which such applications have been dealt with. Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 | P.11 | P.12 | P.13 | P.14 | P.15 -- Back --
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