Part I Access to the countryside
Chapter I Right of access
Rights and liabilities of owners and occupiers
I1I213 Occupiers’ liability.
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—
1A Special considerations relating to access land.
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.