Right to Roam Bill

House of Commons

Session 1998-99
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Arrangement of Clauses (Contents)

Right to Roam Bill

A
B I L L
TO
Grant to the public a right to enter on foot and roam on open country in England and Wales for their recreation; to make certain financial and fiscal benefits dependent upon proper observation of the law relating to public footpaths; to ensure adequate publicity for access to relevant land; and for connected purposes.
BE IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:-

Public access on foot to open country.     1. - (1) Subject to the provisions of this Act any person shall have the right to enter on to, roam on and pass over open country on foot for the purposes of open air recreation.

    (2) The right granted by subsection (1) shall forthwith determine in the event of such person breaking or damaging any fence, hedge or gate, or contravening any of the restrictions set out in Schedule 1 to this Act.

    (3) Nothing in this Act shall entitle a person to enter or be on any land, or do anything thereon, in contravention of any prohibition contained in or having effect under any enactment.

Open country.     2. For the purposes of this Act-

"open country", subject to section 6 below, means any area which consists wholly or predominantly of mountain, moor, heath or down, or which is common land and shall include any other land which may be defined or designated as open country by regulations made by the Secretary of State; and

"means of access", in relation to land, means an opening in a wall, fence or hedge bounding the land or any part thereof, with or without a gate, stile or other works for regulating passage on foot through the opening, any stairs or steps for enabling persons to enter on the land or any part thereof, or any bridge, stepping stone or other works for crossing a water course, ditch or bog on the land or adjoining the boundary thereof.

Surveys of open country and preparation of maps.     3. - (1) Each National Surveying Authority shall before the expiration of two years beginning with the commencement date prepare a map of its area showing all land in its area which is, in the opinion of the National Surveying Authority, open country and which is not excepted land or non-conforming land and such map shall be known as the "open country map".

    (2) The National Surveying Authority shall cause a map to be prepared in accordance with subsection (1) and shall amend the same from time to time in accordance with the provisions of this Act.

    (3) The provisions of this Act shall apply to all land shown on the open country map.

    (4) If a National Surveying Authority shall fail to prepare an open country map for its area within the said period of two years then it shall publish within six months thereafter a map showing all land in its area in respect of which an application has been made to that National Surveying Authority for a declaration of conformity as in this Act defined.

    (5) Each National Surveying Authority shall immediately upon completion of the open country map for its area send to each authority in its area a certified copy of the said map and upon any amendment thereof pursuant to the said Schedule hereto or otherwise forthwith forward to the such authority either a copy of the open country map so amended or if it so decides provide the authority with sufficient information to enable the authority to show on its most recent certified copy the effect of such amendment.

Common land.     4. Notwithstanding section 3 of this Act the right granted by section 1 shall apply to common land from the commencement date.

Effect of open country map.     5. - (1) An open country map prepared or amended under any of the provisions of this enactment shall be conclusive for the purposes of determining that the land so shown is open country as defined in the Act and for the purpose of determining the boundaries of the said land at the relevant date.

    (2) A document purporting to be certified on behalf of the National Surveying Authority to be a copy of or of any part of an open country map shall be receivable in evidence and shall be deemed, unless the contrary is shown, to be such a copy.

    (3) An open country map shall not be conclusive in determining the question whether any other land not shown thereon is open country as defined in this Act.

© Parliamentary copyright 1999
Prepared 10 February 1999

Right to Roam Bill

	A B I L L TO Grant to the public a right to enter on foot and roam on open country in England and Wales for their recreation; to make certain financial and fiscal benefits dependent upon proper observation of the law relating to public footpaths; to ensure adequate publicity for access to relevant land; and for connected purposes. BE IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:-
Public access on foot to open country.	1. - (1) Subject to the provisions of this Act any person shall have the right to enter on to, roam on and pass over open country on foot for the purposes of open air recreation.
	(2) The right granted by subsection (1) shall forthwith determine in the event of such person breaking or damaging any fence, hedge or gate, or contravening any of the restrictions set out in Schedule 1 to this Act.
	(3) Nothing in this Act shall entitle a person to enter or be on any land, or do anything thereon, in contravention of any prohibition contained in or having effect under any enactment.
Open country.	2. For the purposes of this Act-
	"open country", subject to section 6 below, means any area which consists wholly or predominantly of mountain, moor, heath or down, or which is common land and shall include any other land which may be defined or designated as open country by regulations made by the Secretary of State; and
	"means of access", in relation to land, means an opening in a wall, fence or hedge bounding the land or any part thereof, with or without a gate, stile or other works for regulating passage on foot through the opening, any stairs or steps for enabling persons to enter on the land or any part thereof, or any bridge, stepping stone or other works for crossing a water course, ditch or bog on the land or adjoining the boundary thereof.
Surveys of open country and preparation of maps.	3. - (1) Each National Surveying Authority shall before the expiration of two years beginning with the commencement date prepare a map of its area showing all land in its area which is, in the opinion of the National Surveying Authority, open country and which is not excepted land or non-conforming land and such map shall be known as the "open country map".
	(2) The National Surveying Authority shall cause a map to be prepared in accordance with subsection (1) and shall amend the same from time to time in accordance with the provisions of this Act.
	(3) The provisions of this Act shall apply to all land shown on the open country map.
	(4) If a National Surveying Authority shall fail to prepare an open country map for its area within the said period of two years then it shall publish within six months thereafter a map showing all land in its area in respect of which an application has been made to that National Surveying Authority for a declaration of conformity as in this Act defined.
	(5) Each National Surveying Authority shall immediately upon completion of the open country map for its area send to each authority in its area a certified copy of the said map and upon any amendment thereof pursuant to the said Schedule hereto or otherwise forthwith forward to the such authority either a copy of the open country map so amended or if it so decides provide the authority with sufficient information to enable the authority to show on its most recent certified copy the effect of such amendment.
Common land.	4. Notwithstanding section 3 of this Act the right granted by section 1 shall apply to common land from the commencement date.
Effect of open country map.	5. - (1) An open country map prepared or amended under any of the provisions of this enactment shall be conclusive for the purposes of determining that the land so shown is open country as defined in the Act and for the purpose of determining the boundaries of the said land at the relevant date.
	(2) A document purporting to be certified on behalf of the National Surveying Authority to be a copy of or of any part of an open country map shall be receivable in evidence and shall be deemed, unless the contrary is shown, to be such a copy.
	(3) An open country map shall not be conclusive in determining the question whether any other land not shown thereon is open country as defined in this Act.