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Amendments to the Countryside and Rights of Way Bill

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

Here you can browse the Amendments to the Countryside and Rights of Way Bill to be moved in Committee in the House of Lords.

  
Clause 1
 
  
BY THE EARL OF CAITHNESS
 
     Page 1, line 12, at end insert ("and is at least 5 hectares in size") 
     Page 2, line 21, at end insert--
 
    ("(3)  It shall be the duty of the appropriate countryside body to set out clear definitions of moor, heath and down.")
 
  
Schedule 1
 
  
BY THE LORD DONOUGHUE
 
     Page 48, line 15, after ("racecourse") insert ("or way over which racehorses are trained or exercised") 
  
Clause 2
 
  
BY THE EARL OF CAITHNESS
 
     Page 2, line 28, at end insert (", and
    (c)  he does so between one hour before dawn and one hour after dusk")
 
     Page 2, line 28, at end insert (", and
    (c)  he observes the bye-laws which the access authority shall prescribe")
 
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
THE BARONESS THOMAS OF WALLISWOOD
 
     Page 2, line 39, at end insert--
 
    ("(  )  Where a person without reasonable excuse becomes a trespasser because of a failure to comply with a restriction imposed under section 24, he shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.")
 
  
Clause 3
 
  
BY THE EARL OF CAITHNESS
 
     Page 3, line 4, at end insert--
 
    ("(  )  Before making such an order, the Secretary of State shall consult appropriate bodies.")
 
     Page 3, line 11, leave out from beginning to ("any") 
     The Earl of Caithness gives notice of his intention to oppose the Question that Clause 3 stand part of the Bill. 
  
Clause 4
 
  
BY THE EARL OF CAITHNESS
 
     Page 3, line 33, leave out from ("feature") to end of line 35 and insert ("where the effect is to exclude part of an area of open country") 
  
After Clause 16
 
  
BY THE EARL OF CAITHNESS
 
     Insert the following new Clause-- 
 ("Visitor management facilities 
     .--(1)  Where access to access land gives rise to a need for the provision of new or improved visitor management facilities there shall be a duty on the access authority either--
    (a)  to provide and maintain the facility directly in consultation with those with an interest in the relevant land; or
    (b)  to provide funding for the provision and maintenance of the facility.
    (2)  Where agreement on the need for such facilities or the cost of providing them cannot be achieved the parties shall have resort to a dispute resolution process prescribed by the Secretary of State.")
Duty of access authority to provide visitor management facilities.
     Insert the following new Clause-- 
 ("Local Countryside Access Forums 
     .--(1)  Local Countryside Access Forums (local forums) shall be established by every access authority to advise on the local implementation of the access arrangements set out in this Act and on such other access issues as may be prescribed by the Secretary of State.
 
    (2)  Local forums shall comprise representatives of users, landowners and managers of land.")
Local Countryside Access Forums.
  
Clause 17
 
  
BY THE EARL OF CAITHNESS
 
     Page 10, line 14, at beginning insert--
 
    ("(  )  The appropriate countryside body shall issue draft model byelaws which access authorities may adapt to take account of differing local circumstances.")
 
     Page 10, line 14, leave out ("may") and insert ("shall") 
  
Clause 18
 
  
BY THE EARL OF CAITHNESS
 
     Page 11, line 1, leave out ("may") and insert ("shall") 
  
Clause 19
 
  
BY THE EARL OF CAITHNESS
 
     Page 11, line 25, leave out ("may") and insert ("shall") 
  
Clause 22
 
  
BY THE EARL OF CAITHNESS
 
     Page 14, line 5, at end insert--
 
    ("(5)  Land Management" includes any work carried out for the purposes of conservation, maintenance or enhancement of the land or in pursuit of the economic interests of any person with an interest in the land.")
 
  
Schedule 8
 
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
THE BARONESS THOMAS OF WALLISWOOD
 
     Page 91, line 29, at end insert--
 
    ("(9A)  The Council shall establish and maintain a list of sites of special scientific interest which shall contain such information as is prescribed by the Secretary of State.")
 
     Page 94, line 10, at end insert--
 
    ("(8A)  On transfer, disposal or sale of interests and or estate in, over or under registered or unregistered land, the relevant owner or occupier shall in writing notify the Nature Conservancy Council of that fact within four weeks of such transfer, disposal or sale.")
 
     Page 96, line 30, at end insert--
 
    ("(3A)  Conditions relating to an assent under subsection (3) may require the authority, where reasonably practicable and not involving excessive costs, to restore any damage to the notified interest caused by the operation or where practicable, to provide alternative habitats on land not included in a site of special scientific interest.")
 
     Page 96, line 54, at end insert--
 
    ("(  )  Where the Council concludes, on reasonable terms, that they cannot assent to the proposed operations (with or without conditions), they may require that the section 28E authority seek authorisation by a planning permission granted on an application under Part III of the Town and Country Planning Act 1990.")
 
     Page 102, line 42, at end insert--
 
    ("(6A)  A person who without reasonable excuse contravenes section 28C(8A) is guilty of an offence and is liable on summary conviction to a fine not exceeding £1000 or on conviction on indictment to a fine.")
 
     Page 103, line 3, leave out paragraph 2 and insert--
 
    ("2.--(1)  Section 29 (special protection for certain areas of special scientific interest) is amended as follows.
 
    (2)  In subsection (1)(b), after "features" there is inserted "notified as being of special interest".
 
    (3)  Omit subsection (2).
 
    (4)  In subsection (3), omit "Subject to subsection (4),".
 
    (5)  Omit subsections (4), (5), (6), (7) and (10).
 
    (7)  After subsection (11) there is inserted--
        (12)  This section does not apply to owners and occupiers of land which is a site of special scientific interest."")
 
     Page 103, line 14, at end insert ("or
    (c)  a person is convicted of an offence under section 29,")
 
  
Schedule 10
 
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
THE BARONESS THOMAS OF WALLISWOOD
 
     Page 110, line 46, at end insert--
 
    ("  .  In section 19 of that Act (enforcement), after subsection (1)(d) there is inserted--
    (e)  arrest that person where the constable has reasonable grounds to believe that a failure to do so would result in the concealment, alteration, loss, damage or destruction of anything which may be evidence of the commission of an offence or may be liable to be forfeited under section 21."")
 
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
THE BARONESS HAMWEE
THE BARONESS SCOTT OF NEEDHAM MARKET
 
     Page 111, line 40, at end insert--
 
    ("In Schedule 15 to that Act, in paragraph 13, at the appropriate place there is inserted--
      duly made" means an objection or a representation which is--
 
 
    (a)  made within the time and in the manner prescribed in the notice that was published by the authority on making the order in accordance with paragraph 3 of this Schedule; and
    (b)  which states the grounds on which it is made, being a matter which is capable of affecting the decision whether or not to confirm the order."")
 
 
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