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Can they do that??


Humphrey

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. Not quite mike as they pursue a right to walk on ancient footpaths even if it cuts through your garden were as I have the sense and freedom to walk around even if I,m walking on land that has know public right of way I don't really know which is right or wrong but think my way is less confrontational And for Martin feeling slightly smug I,m sure you will find that to take anything from me in a civil case would mean I would need to own something of worth and I,m afraid I don't so it's another set of rules I opt to take little notice of , I like walking in the countryside I don't want to hurt or anger anyone and will continue to do so for as long as I can

Not smug at all. I get where you are coming from. It explains a lot.

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Not smug at all. I get where you are coming from. It explains a lot.

nice little attempt at getting another little doublè entendre in there Martin but I,m going to rise above you , and as other people on here have suggested I,m awarding you the first donut for a donut rather than get into another exchange of unpleasantness with you
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nice little attempt at getting another little doublè entendre in there Martin but I,m going to rise above you , and as other people on here have suggested I,m awarding you the first donut for a donut rather than get into another exchange of unpleasantness with you

That's fine, I can understand how difficult it must be to justify your penchant for just wandering over anybody's private property where and when ever you feel like it. Especially as Nigel has pointed out the legalities of it.

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I’ve just noticed that under Section 9 of the Criminal Law Act 1977, there is also an offence of trespassing on the premises of foreign missions!

 

Curiously, this predates similar protection for our own representatives/authority by many years. From the Home Office website:

 

2.1 The offence of criminal trespass on a protected site is created by sections 128 to 131 of the Serious Organised Crime and Police Act 2005, as amended by section 12 of the Terrorism Act 2006. A protected site means either a licensed nuclear site or a designated site. This guidance is concerned primarily with designated sites.

 

2.2 In England, Wales and Northern Ireland the categories of sites that can be designated by a Secretary of State are:

 

• crown land
• land belonging to Her Majesty The Queen in her private capacity, or the immediate heir to the Throne in his private capacity
• a site which it appears to the Secretary of State to be appropriate to designate in the interests of national security
• all licensed nuclear sites

 

2.3 In Scotland the powers under section 129 provide that sites can be designated only on the grounds of national security.

 

Lists of protected sites are at:

http://www.opsi.gov.uk/si/si2007/20070930.htm

http://www.opsi.gov.uk/si/si2007/20071387.htm

 

These take you to the legislation.gov website, and maps are appended to the Order to show the boundaries. [Given the penalties, it is just as well to know these I suspect.]

 

There are, additionally, thirteen operational Ministry of Defence sites which were designated by order in 2005. Licensed nuclear sites became protected sites by virtue of section 12 of the Terrorism Act 2006, which amended sections 128-131 of the Serious Organised Crime and Police Act 2005.

Edited by NigelMoore
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Last year. when we weren't out cruising. we spent a lot of time walking the towpaths up by that canal and we always stood on that bridge looking at the marina, looking out for friends with boats that might have been there. Now we would have to spot them from the towpath. It's a shame but thats life.

Edited by Humphrey
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I’ve just noticed that under Section 9 of the Criminal Law Act 1977, there is also an offence of trespassing on the premises of foreign missions!

 

Curiously, this predates similar protection for our own representatives/authority by many years. From the Home Office website:

 

2.1 The offence of criminal trespass on a protected site is created by sections 128 to 131 of the Serious Organised Crime and Police Act 2005, as amended by section 12 of the Terrorism Act 2006. A protected site means either a licensed nuclear site or a designated site. This guidance is concerned primarily with designated sites.

 

2.2 In England, Wales and Northern Ireland the categories of sites that can be designated by a Secretary of State are:

 

• crown land

• land belonging to Her Majesty The Queen in her private capacity, or the immediate heir to the Throne in his private capacity

• a site which it appears to the Secretary of State to be appropriate to designate in the interests of national security

• all licensed nuclear sites

 

2.3 In Scotland the powers under section 129 provide that sites can be designated only on the grounds of national security.

 

Lists of protected sites are at:

http://www.opsi.gov.uk/si/si2007/20070930.htm

http://www.opsi.gov.uk/si/si2007/20071387.htm

 

These take you to the legislation.gov website, and maps are appended to the Order to show the boundaries. [Given the penalties, it is just as well to know these I suspect.]

 

There are, additionally, thirteen operational Ministry of Defence sites which were designated by order in 2005. Licensed nuclear sites became protected sites by virtue of section 12 of the Terrorism Act 2006, which amended sections 128-131 of the Serious Organised Crime and Police Act 2005.

. It's quite funny you should mention nuclear sites as I used to walk out by oldbury power station and the armed response teams were always pretty cool if you bumped into them but since good old tony Blair decided to stick a shitty stick into the bees nest that is the Middle East, it's now not hostile ,but sorry mate I can't turn a blind eye anymore and you will have to clear off ,which is quite sad as it was lovely ground with loads of really interesting wildlife and probably the last place I saw hares in any great numbers , hey ho if I keep walking I,m sure I will find more
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Last year. when we weren't out cruising. we spent a lot of time walking the towpaths up by that canal and we always stood on that bridge looking at the marina, looking out for friends with boats that might have been there. Now we would have to spot them from the towpath. It's a shame but thats life.

Its been closed off ever since the marina was dug out.

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According to the OS map there is no Public Right of Way over that bridge and the land is not "Open Access" land, therefore the land owner/owners can close access if they so wish.

I think Humphrey is on a hiding to nothing.

Hi Graham, regarding your reply to the above thread, if you read through Humphreys query you can see that it is not about accessing the land but the bridge and what these landowners etc do to the bridges. In laymans terms, who is responsible for the maintenance of these type of bridges. If someone has an accident on one of these bridges i.e parts fall of, damage boats, or worse still severely hurt somebody, who is responsible? If the landowner attaches fences, posts and electric cables to the bridge and someone has a serious accident (could be fatal regarding the electric power cables), who then is responsible???

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