Countryside and Rights of Way Act 2000

Countryside and Rights of Way Act 2000

2000 Chapter 37 - continued

PART I, ACCESS TO THE COUNTRYSIDE - continued

Maps - continued

Appeal procedure.

7. - (1) Before determining an appeal under section 6, the Secretary of State or the National Assembly for Wales may, if he or it thinks fit-

(a) cause the appeal to take, or continue in, the form of a hearing, or

(b) cause a local inquiry to be held;

and the appeal authority shall act as mentioned in paragraph (a) or (b) if a request is made by either party to the appeal to be heard with respect to the appeal.

(2) Subsections (2) to (5) of section 250 of the Local Government Act 1972 (local inquiries: evidence and costs) apply to a hearing or local inquiry held under this section as they apply to a local inquiry held under that section, but as if-

(a) references in that section to the person appointed to hold the inquiry were references to the Secretary of State or the National Assembly for Wales, and

(b) references in that section to the Minister causing an inquiry to be held were references to the Secretary of State or the Assembly.

(3) Where-

(a) for the purposes of an appeal under section 6, the Secretary of State or the National Assembly for Wales is required by subsection (1)-

(i) to cause the appeal to take, or continue in, the form of a hearing, or

(ii) to cause a local inquiry to be held, and

(b) the inquiry or hearing does not take place, and

(c) if it had taken place, the Secretary of State or the Assembly or a person appointed by the Secretary of State or the Assembly would have had power to make an order under section 250(5) of the Local Government Act 1972 requiring any party to pay the costs of the other party,

the power to make such an order may be exercised, in relation to costs incurred for the purposes of the inquiry or hearing, as if it had taken place.

(4) This section has effect subject to section 8.

Power of Secretary of State or Assembly to delegate functions relating to appeals.

8. - (1) The Secretary of State or the National Assembly for Wales may-

(a) appoint any person to exercise on his or its behalf, with or without payment, the function of determining-

(i) an appeal under section 6, or

(ii) any matter involved in such an appeal, or

(b) refer any matter involved in such an appeal to such person as the Secretary of State or the Assembly may appoint for the purpose, with or without payment.

(2) Schedule 3 has effect with respect to appointments under subsection (1)(a).

Maps in conclusive form.

9. - (1) Where-

(a) the time within which any appeal under section 6 may be brought in relation to a map in provisional form has expired and no appeal has been brought, or

(b) every appeal brought under that section in relation to a map has-

(i) been determined by the map or part of it being approved without modifications, or

(ii) been withdrawn,

the appropriate countryside body shall issue the map (or the part or parts of it that have been approved without modifications) as a map in conclusive form.

(2) Where-

(a) every appeal brought under section 6 in relation to a map in provisional form has been determined or withdrawn, and

(b) on one or more appeals, the map or any part of it has been approved with modifications,

the appropriate countryside body shall prepare a map which covers the area covered by the map in provisional form (or the part or parts of the map in provisional form that have been approved with or without modifications) and incorporates the modifications, and shall issue it as a map in conclusive form.

(3) Where either of the conditions in subsection (1)(a) and (b) is satisfied in relation to any part of a map in provisional form, the Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales) may direct the relevant countryside body to issue that part of the map as a map in conclusive form.

(4) Where on an appeal under section 6 part of a map in provisional form has been approved with modifications but the condition in subsection (2)(a) is not yet satisfied, the Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales) may direct the relevant countryside body to issue a map which covers the area covered by that part of the map in provisional form and incorporates the modifications, and to issue it as a map in conclusive form.

(5) Where a map in conclusive form has been issued in compliance with a direction under subsection (3) or (4), subsections (1) and (2) shall have effect as if any reference to the map in provisional form were a reference to the part not affected by the direction.

(6) A document purporting to be certified on behalf of the appropriate countryside body to be a copy of or of any part of a map in conclusive form issued by that body for the purposes of this Part shall be receivable in evidence and shall be deemed, unless the contrary is shown, to be such a copy.

Review of maps.

10. - (1) Where the appropriate countryside body have issued a map in conclusive form in respect of any area, it shall be the duty of the body from time to time, on a review under this section, to consider-

(a) whether any land shown on that map as open country or registered common land is open country or registered common land at the time of the review, and

(b) whether any land in that area which is not so shown ought to be so shown.

(2) A review under this section must be undertaken-

(a) in the case of the first review, not more than ten years after the issue of the map in conclusive form, and

(b) in the case of subsequent reviews, not more than ten years after the previous review.

(3) Regulations may amend paragraphs (a) and (b) of subsection (2) by substituting for the period for the time being specified in either of those paragraphs such other period as may be specified in the regulations.

Regulations relating to maps.

11. - (1) Regulations may make provision supplementing the provisions of sections 4 to 10.

(2) Regulations under this section may in particular make provision with respect to-

(a) the scale on which maps are to be prepared,

(b) the manner and form in which they are to be prepared and issued,

(d) the steps to be taken for informing the public of the issue of maps in draft form, provisional form or conclusive form,

(e) the manner in which maps in draft form, provisional form or conclusive form are to be published or to be made available for inspection,

(f) the period within which and the manner in which representations on a map in draft form may be made to the appropriate countryside body,

(g) the confirmation of a map under section 5(c),

(h) the period within which and manner in which appeals under section 6 are to be brought,

(i) the advertising of such an appeal,

(j) the manner in which such appeals are to be considered,

(k) the procedure to be followed on a review under section 10, including the issue of maps in draft form, provisional form and conclusive form on a review, and

(l) the correction by the appropriate countryside body of minor errors or omissions in maps.

(3) Regulations made by virtue of subsection (2)(b) or (e) may authorise or require a map to be prepared, issued, published or made available for inspection in electronic form, but must require any map in electronic form to be capable of being reproduced in printed form.

(4) Regulations made by virtue of subsection (2)(k) may provide for any of the provisions of this Chapter relating to appeals to apply (with or without modifications) in relation to an appeal against a map issued in provisional form on a review.

Rights and liabilities of owners and occupiers

Effect of right of access on rights and liabilities of owners.

12. - (1) The operation of section 2(1) in relation to any access land does not increase the liability, under any enactment not contained in this Act or under any rule of law, of a person interested in the access land or any adjoining land in respect of the state of the land or of things done or omitted to be done on the land.

(2) Any restriction arising under a covenant or otherwise as to the use of any access land shall have effect subject to the provisions of this Part, and any liability of a person interested in any access land in respect of such a restriction is limited accordingly.

(3) For the purposes of any enactment or rule of law as to the circumstances in which the dedication of a highway or the grant of an easement may be presumed, or may be established by prescription, the use by the public or by any person of a way across land in the exercise of the right conferred by section 2(1) is to be disregarded.

(4) The use of any land by the inhabitants of any locality for the purposes of open-air recreation in the exercise of the right conferred by section 2(1) is to be disregarded in determining whether the land has become a town or village green.

Occupiers' liability.

13. - (1) In section 1 of the Occupiers' Liability Act 1957 (liability in tort: preliminary), for subsection (4) there is substituted-

	"(4) A person entering any premises in exercise of rights conferred by virtue of-
	(a) section 2(1) of the Countryside and Rights of Way Act 2000, or
	(b) an access agreement or order under the National Parks and Access to the Countryside Act 1949,
	is not, for the purposes of this Act, a visitor of the occupier of the premises."

(2) In section 1 of the Occupiers' Liability Act 1984 (duty of occupier to persons other than his visitors), after subsection (6) there is inserted-

	"(6A) At any time when the right conferred by section 2(1) of the Countryside and Rights of Way Act 2000 is exercisable in relation to land which is access land for the purposes of Part I of that Act, an occupier of the land owes (subject to subsection (6C) below) no duty by virtue of this section to any person in respect of-
	(a) a risk resulting from the existence of any natural feature of the landscape, or any river, stream, ditch or pond whether or not a natural feature, or
	(b) a risk of that person suffering injury when passing over, under or through any wall, fence or gate, except by proper use of the gate or of a stile.
	(6B) For the purposes of subsection (6A) above, any plant, shrub or tree, of whatever origin, is to be regarded as a natural feature of the landscape.
	(6C) Subsection (6A) does not prevent an occupier from owing a duty by virtue of this section in respect of any risk where the danger concerned is due to anything done by the occupier-
	(a) with the intention of creating that risk, or
	(b) being reckless as to whether that risk is created."

(3) After section 1 of that Act there is inserted-

"Special considerations relating to access land.	1A. In determining whether any, and if so what, duty is owed by virtue of section 1 by an occupier of land at any time when the right conferred by section 2(1) of the Countryside and Rights of Way Act 2000 is exercisable in relation to the land, regard is to be had, in particular, to-
	(a) the fact that the existence of that right ought not to place an undue burden (whether financial or otherwise) on the occupier,
	(b) the importance of maintaining the character of the countryside, including features of historic, traditional or archaeological interest, and
	(c) any relevant guidance given under section 20 of that Act."

Prepared 7 December 2000