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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 BARONESS BYFORD
THE EARL PEEL
 
     Page 1, line 14, leave out paragraphs (c) and (d) 
  
Schedule 1
 
  
BY THE DUKE OF MONTROSE
 
     Page 48, line 24, at end insert--
 
    ("  .  Any actively managed and defined outdoor recreation areas such as bathing beaches, campsites, wildlife centres etc., or a similar area for the use of which a fee is charged.")
 
     Page 50, line 5, after ("games,") insert ("outdoor meetings or sports arrangements which might cause significant damage or whose arrangements will require that land be cordoned off, as where competitors assemble, or the start or finish of a competition, or other areas where crowds may be expected to gather,") 
  
Clause 2
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
     Page 2, line 27, after ("2") insert (", save where such restrictions are in conflict with existing public rights,") 
  
Schedule 2
 
  
BY THE EARL PEEL
 
     Page 49, line 31, after ("him") insert ("or interferes with") 
     Page 49, line 42, at end insert--
    ("(  )  removes or defaces any notice or sign placed on or adjacent to the land,")
 
  
BY THE DUKE OF MONTROSE
 
     Page 50, line 8, after ("commercial") insert ("or military") 
     Page 50, line 16, at beginning insert--
 
    ("(  )  Anyone introducing a dog to land on which livestock production is practised in exercise of their rights as provided under section 2(1) must be in possession of a veterinary certificate showing that the dog is regularly undergoing the correct treatment for parasitic infections at the intervals prescribed by a local veterinary surgeon in that area.
 
    Dogs introduced on land which forms part of an agricultural holding which is subject to a nationally administered health or management scheme must be treated in a manner appropriate to the management and health status of the farm as laid down by the appropriate national body.")
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
     Page 50, line 16, leave out from first ("with") to ("year") in line 17 and insert ("the first day of August in each year and ending with the last day of February in the succeeding"). 
  
Clause 3
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
     Page 3, line 12, at end insert--
 
    ("(  )  An order under this section shall not be made unless the Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales) has consulted those interests likely to be affected by the order, has undertaken and published a regulatory impact assessment in relation to the proposed order, and has undertaken and published an assessment of the effects of a proposal for any such order on--
    (a)  the environment, including any effects on the natural beauty, flora, fauna and geological and physiographical features of the land affected,
    (b)  the use and management of land adjacent to the land affected, and
    (c)  flood and coastal defence and coast protection in relation to the land affected.")
 
  
Clause 13
 
  
BY THE DUKE OF MONTROSE
 
     Page 8, line 18, at end insert ("or of any livestock (as defined in section 41 of the Countryside and Right of Way Act 2000, or being kept for commercial gain) other than livestock which are proven to be of a bad temperament or otherwise dangerous to the public,") 
  
BY THE LORD ADDINGTON
 
     Page 8, line 21, at end insert--
 
    ("(  )  The occupier of the land is not liable if he accidentally injures another person on his land by the legal discharge of firearms in the course of land management duties.")
 
  
Clause 15
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
     Page 8, line 40, leave out paragraph (a) 
  
Clause 20
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
     Page 11, line 44, leave out ("Chapter") and insert ("Part") 
     Page 12, line 2, after ("any") insert ("access") 
     Page 12, line 3, at end insert ("or part thereof") 
  
Clause 21
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
     Page 12, line 43, leave out ("land") and insert ("access land or part thereof") 
     Page 12, line 45, leave out ("land") and insert ("access land or part thereof") 
     Page 13, line 1, after ("any") insert ("access") 
     Page 13, line 2, after second ("the") insert ("access") 
     Page 13, line 3, after ("the") insert ("access") 
     Page 13, line 6, leave out ("twenty-eight") and insert ("ninety") 
     Page 13, line 7, leave out from beginning to ("must") and insert ("Regulations made under subsection (3)(b)") 
     Page 13, leave out line 13 and insert ("ninety.") 
     Page 13, line 14, leave out subsection (6) 
     Page 13, line 16, leave out paragraph (a) and insert--
    ("(a)  more than four Saturdays or four Sundays in any calendar year")
 
     Page 13, line 16, leave out ("Saturday or") 
     Page 13, line 16, after ("Saturday") insert ("(save for the purpose of shooting)") 
     Page 13, line 19, at end insert ("except for Boxing Day") 
  
Clause 22
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
     Page 13, line 24, after ("any") insert ("access") 
     Page 13, line 28, after second ("the") insert ("access") 
     Page 14, line 1, leave out subsection (4) 
     Page 14, line 5, at end insert--
 
    ("(  )  In this section "purposes of land management" and "purposes of the management of the land" include--
    (a)  agriculture or forestry;
    (b)  conservation or improvement of flora or fauna;
    (c)  control of invasive plants and pests;
    (d)  shooting, stalking or fishing;
    (e)  management of public access;
    (f)  crime prevention;
    (g)  use of the land for other lawful activities (whether or not of a commercial nature).")
 
  
Clause 23
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
     Page 14, line 7, after ("any") insert ("access") 
     Page 14, line 13, after second ("done,") insert ("or conditions prevailing") 
     Page 14, line 13, after ("the") insert ("access") 
     Page 14, line 15, after first ("the") insert ("access") 
     Page 14, line 25, at end insert (", and
    (  )  an indefinite period")
 
     Page 14, line 27, after second ("the") insert ("access") 
     Page 14, line 30, at beginning insert ("access") 
     Page 14, line 36, leave out subsection (5) 
  
Clause 24
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
     Page 15, line 12, at end insert--
    ("(  )  the purpose of protecting any dry stone wall;")
 
     Page 15, line 12, at end insert--
    ("(  )  the purpose of protecting the quality of any water;")
 
  
Before Clause 62
 
  
BY THE EARL OF SELBORNE
 
     Insert the following new Clause-- 
     (" .--(1)  Where a way across a common or village green has been used as of right prior to 3rd November 1979 as a vehicular access to a dwelling-house, the dwelling-house shall be deemed, unless otherwise entitled, to have the benefit of an easement for the passage of mechanically propelled and other vehicles along the way.
 
    (2)  Subject to subsections (3) and (4), upon the first occurrence of a relevant event in respect of the dwelling-house, any person who immediately before that event held the benefit of a right created by subsection (1) shall pay a reasonable proportion of the value of the dwelling-house to the owner of the common.
 
    (3)  No sum shall be payable under subsection (2) if the use of the way to access the dwelling-house (or a dwelling-house in a similar position) began before 1st December 1930.
 
    (4)  Subject to subsection (3), the proportion payable under subsection (2) shall not be greater than 2.5 per cent.
 
    (5)  Where an easement is granted by express agreement to create a vehicular right of way across a common or village green to a dwelling-house, the owner of the dwelling-house shall not be liable to pay a sum greater than 5 per cent of the value of the dwelling-house at the date of the agreement for a way from his property to the nearest convenient highway.
 
    (6)  Any dispute as to any sum payable under this section shall be referred by agreement to arbitration or referred to, and determined by, the Lands Tribunal.
 
    (7)  If no relevant event has occurred the sum referred to in subsection (2) shall be payable 30 years after the coming into force of this section.
 
    (8)  The owner of a dwelling-house may at any time prior to the occurrence of a relevant event make a payment as if it is a payment under subsection (2).
 
    (9)  In this section--
    owner", in relation to any land, means any person, other than a mortgagee not in possession, who, whether in his own right or as trustee for another person, is entitled to receive the rack rent of the land, or, where the land is not let at a rack rent, would be so entitled if it were so let;
    relevant event", means--
          (a)  transfer of the freehold ownership,
          (b)  creation of a lease for a period greater than 21 years,
          (c)  if the owner is a company, any change in the ownership of the company.")
Easements over common land etc.
 
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Prepared 18 July 2000