Countryside and Rights of Way Bill -
Amendments to be debated in the House of Lords
- continued
House of Lords

back to previous amendments
 
  
Clause 6
 
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
THE BARONESS HAMWEE
THE LORD GREAVES
 
     Page 4, line 4, after ("interest") insert ("either as landowner or user as represented by the access authority") 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
     Page 4, line 4, at end insert ("to the Agricultural Land Tribunal") 
     Page 4, line 5, leave out paragraphs (a) and (b) 
  
BY THE BARONESS BYFORD
 
     Page 4, line 13, leave out from ("brought") to ("and") in line 15 and insert ("on the grounds that--
    (  )  the land does not consist of mountain, of moor, of heath or of down, or
    (  )  the inclusion of the land would serve no useful purpose, or
    (  )  the proposed location of a designated access point should be changed")
 
     Page 4, line 14, leave out ("wholly or predominantly") 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
     Page 4, line 20, leave out from ("section,") to ("may") in line 21 and insert ("the Agricultural Land Tribunal") 
  
Clause 7
 
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
THE BARONESS HAMWEE
THE LORD ADDINGTON
 
     Page 4, line 28, leave out ("may, if he or it thinks fit") and insert ("shall") 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
     The above-named Lords give notice of their intention to oppose the Question that Clause 7 stand part of the Bill. 
  
Clause 8
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
     The above-named Lords give notice of their intention to oppose the Question that Clause 8 stand part of the Bill. 
  
Schedule 3
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
     The above-named Lords give notice of their intention to oppose the Question that Schedule 3 be the third Schedule to the Bill. 
  
Clause 9
 
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
THE BARONESS HAMWEE
THE LORD GREAVES
 
     Page 5, line 27, after ("brought") insert ("(and no representations have been made by the local access forum and not settled)") 
     Page 5, line 32, after ("shall") insert ("after consulting the local access forum") 
     Page 5, line 39, after ("shall") insert (", after consulting the local access forum,") 
  
Clause 10
 
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD ADDINGTON
 
     Page 6, line 31, leave out ("ten") and insert ("five") 
     Page 6, line 35, leave out subsection (3) 
  
Clause 11
 
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD ADDINGTON
 
     Page 6, line 39, at end insert--
 
    ("(  )  Before making any regulations under this section, the Secretary of State or, as may be the case, the National Assembly for Wales, shall consult such bodies as appear to them to be representative of persons who will be affected by sections 4 to 10.")
 
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD ADDINGTON
THE LORD GREAVES
 
     Page 7, line 9, at end insert--
    ("(  )  the features that must appear on the map,")
 
  
Clause 13
 
  
BY THE BARONESS BYFORD
THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD ADDINGTON
 
     Page 8, line 17, leave out ("natural") 
  
BY THE BARONESS BYFORD
 
     Page 8, leave out lines 19 to 21 
     Page 8, line 19, leave out from ("above,") to end of line 21 and insert (""feature of the landscape" includes, but is not limited to, any plant, shrub or tree, of whatever origin, and any drain, ditch, wall, fence, hedge, gate, stile, footbridge, building (whether operational, disused or abandoned), shooting butt, reservoir, dam, dewpond, mineshaft, path surface (where a path has been provided with a surface), or ancient monument,"") 
  
Clause 16
 
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD ADDINGTON
 
     Page 10, line 12, at end insert--
 
    ("(  )  A dedication under this section does not constitute a disposal or disposition of land for any statutory purpose.
 
    (  )  Where the trustees of the governing body of a charity properly and reasonably believe that a dedication under this section of land owned by a charity would not prejudice the fulfilment of the charity's objects--
    (a)  the charity shall have the power to make a dedication; and
    (b)  any such dedication shall not be deemed to be ultra vires the powers and objects of the charity.")
 
  
Clause 21
 
  
BY THE EARL OF MAR AND KELLIE
 
     The Earl of Mar and Kellie gives notice of his intention to oppose the Question that Clause 21 stand part of the Bill. 
  
Clause 27
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
     Page 17, line 11, at end insert ("to the Agricultural Land Tribunal") 
     Page 17, line 12, leave out paragraphs (a) and (b) 
     Page 17, line 14, leave out from ("section") to ("it") in line 15 and insert ("the Agricultural Land Tribunal may, if") 
     Page 17, line 20, leave out subsection (4) 
     Page 17, leave out lines 25 to 29 
  
Clause 28
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
     Page 17, line 42, at end insert ("to the Agricultural Land Tribunal") 
     Page 17, line 43, leave out paragraphs (a) and (b) 
     Page 18, line 2, leave out from ("section") to ("it") and insert ("the Agricultural Land Tribunal may, if") 
     Page 18, line 8, leave out subsection (5) 
  
Schedule 4
 
  
BY THE BARONESS BYFORD
THE EARL PEEL
 
     Page 53, line 7, at end insert-- 
 ("DOGS (PROTECTION OF LIVESTOCK) ACT 1953 (C.28) 
     .  In section 1(2)(c) of the Dogs (Protection of Livestock) Act 1953 (penalty where dog worries livestock on agricultural land), for the words "(that is to say not on a lead or otherwise under close control) in a field where there are sheep" there is substituted "(that is to say not on a lead) in a field or enclosure where there is livestock".") 
  
BY THE BARONESS BYFORD
 
     Page 53, line 26, at end insert-- 
 ("DOGS (FOULING OF LAND) ACT 1996 
     .  In section 1(3) of the Dogs (Fouling of Land) Act 1996 (excluded land), after "following descriptions" there is inserted "except, where the local authority considers it both necessary and expedient, in the interests of land management or public safety, land of the following descriptions which is "access land" within the meaning of the Countryside and Rights of Way Act 2000".") 
  
Clause 56
 
  
BY THE LORD NORTHBOURNE
 
     Page 34, line 44, at end insert--
    ("(c)  the desirability of providing opportunities for regular exercise in the interests of public health including the availability of circular walks and cycle tracks easily accessible to residential areas,")
 
  
After Clause 57
 
  
BY THE LORD NORTHBOURNE
 
     Insert the following new Clause-- 
     ("  .--(1)  Where a rights of way improvement plan prepared by a local authority identifies the desirability of improvements to the network of rights of way in its area, the local highway authority (other than an inner London authority) may introduce one or more "omnibus schemes" to achieve some or all of the objectives identified in the plan.
 
    (2)  For the purposes of this section, an "omnibus scheme" is a proposal to create a new route or divert an existing route which involves two or more orders for the creation, diversion or stopping-up of a highway.
 
    (3)  Where a highway authority declares a proposal, or a series of proposals, to be an "omnibus scheme", it shall--
    (a)  agree in writing with all landowners and occupiers whose land is affected by the proposal the terms upon which they would be prepared to agree to the scheme;
    (b)  publish details of the proposed scheme for public consultation in the local authority area, and consult such other persons as they think fit;
    (c)  consider representations both for and against the scheme and, if necessary and possible, negotiate amendments to the scheme;
    (d)  make a determination as to whether the scheme should be confirmed.
    (4)  In making a determination under subsection (3) above, the authority must consider the scheme as a whole (as finally agreed in writing after negotiation) and may not select parts of the scheme for approval and parts for rejection.
 
    (5)  If upon appeal the scheme goes for determination by the Secretary of State, he may only make a determination in favour or against the scheme as a whole (after agreed amendment if any) and may not make a determination in respect to any of its parts separately.")
Omnibus schemes".
 
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Prepared 13 July 2000