(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.
Commencement Information
I1S. 12 in force at 19.9.2004 for E. by S.I. 2004/2173, art. 2(1)(b)
I2S. 12 in force at 28.5.2005 for W. by S.I. 2005/423, art. 2(b)
(1)In section 1 of the M1Occupiers’ 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 M2Countryside Act 1949,
is not, for the purposes of this Act, a visitor of the occupier of the premises.”
(2)In section 1 of the M3Occupiers’ 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—
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.”
Commencement Information
I3S. 13 in force at 19.9.2004 for E. by S.I. 2004/2173, art. 2(1)(c)
I4S. 13 in force at 28.5.2005 for W. by S.I. 2005/423, art. 2(c)
Marginal Citations
(1)If any person places or maintains—
(a)on or near any access land, or
(b)on or near a way leading to any access land,
a notice containing any false or misleading information likely to deter the public from exercising the right conferred by section 2(1), he is liable on summary conviction to a fine not exceeding level 1 on the standard scale.
(2)The court before whom a person is convicted of an offence under subsection (1) may, in addition to or in substitution for the imposition of a fine, order him to remove the notice in respect of which he is convicted within such period, not being less than four days, as may be specified in the order.
(3)A person who fails to comply with an order under subsection (2) is guilty of a further offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Commencement Information
I5S. 14 in force at 19.9.2004 for E. by S.I. 2004/2173, art. 2(1)(d)
I6S. 14 in force at 28.5.2005 for W. by S.I. 2005/423, art. 2(d)