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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 Revised Marshalled List of Amendments to the Countryside and Rights of Way Bill to be moved in Committee in the House of Lords.

     The amendments have been marshalled in accordance with the instruction of 30th June 2000, as follows--  
  Clause 1
Schedule 1
Clause 2
Schedule 2
Clauses 3 to 8
Schedule 3
Clauses 9 to 42
Schedule 4
Clauses 43 to 47
Schedule 5
Clauses 48 to 53
Schedule 6
Clauses 54 to 63
Schedule 7
Clauses 64 to 66
Schedule 8
Clause 67
Schedule 9
Clauses 68 to 71
Schedule 10
Clauses 72 to 76
Schedule 11
Clauses 77 and 78
 [Amendments marked * are new or have been altered] 
Amendment
No.
 
  
Before Clause 1
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
1     Insert the following new Clause-- 
     ("  .  The purpose of this Act is to--
    (a)  create a structure for mapping countryside in preparation for open access;
    (b)  make provision for public access to the countryside;
    (c)  set out a mechanism for granting public access upon completion, in whole or in part, of the mapping process;
    (d)  control traffic of all kinds in areas of natural beauty and on land other than roads;
    (e)  strengthen the law relating to nature conservation and the protection of wildlife;
    (f)  receive Government proposals for developing areas of outstanding natural beauty; and
    (g)  make necessary consequential changes.")
Purpose of this Act.
  
Clause 1
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
2     Page 1, line 10, at beginning insert--
 
    ("(  )  In this Part "access land" means any land which is shown as access land on a map in conclusive form issued by the appropriate countryside body for the purpose of this Part.
 
    (  )  Land may be shown as access land on such a map if--
    (a)  it is open country,
    (b)  it is common land, or
    (c)  is dedicated for the purposes of this Part under section 16,
but does not (in any of those cases) include excepted land or land which is treated by section 15(1) as being accessible to the public apart from this Act.")
 
3     Page 1, line 10, leave out subsection (1) 
4     Page 1, line 10, at end insert ("is more than 10 hectares in extent and") 
  
BY THE EARL OF CAITHNESS
THE LORD NORTHBROOK
 
5     Page 1, line 12, at end insert ("and is at least 5 hectares in size") 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
6     Page 1, line 13, leave out ("registered") 
  
BY THE BARONESS BYFORD
THE EARL PEEL
 
7     Page 1, line 14, leave out paragraphs (c) and (d) 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
8     Page 1, line 14, leave out paragraph (c) 
9     Page 1, line 14, leave out ("registered") 
10     Page 1, line 17, leave out paragraph (d) 
11     Page 1, line 17, after ("above") insert ("mean") 
12     Page 1, line 17, after ("level") insert ("at Newlyn") 
13     Page 1, line 17, after ("level") insert ("and which is accessible to the public by any highway") 
14     Page 2, line 1, at end insert (", unless a contrary intention appears") 
15     Page 2, line 9, at end insert--
    (""designated access point" means a location of access to access land shown in conclusive form issued by the appropriate countryside body for the purposes of this Part;")
 
16     Page 2, line 9, at end insert--
    (""down" means only that downland which occurs on a chalk substrate and which is found south of the line of latitude 53 degrees north;")
 
17     Page 2, line 12, at end insert--
    (""land" does not include land predominantly covered by water;")
 
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
THE BARONESS HAMWEE
THE LORD GREAVES
 
18     Page 2, line 12, at end insert--
    (""local access forum" means a body established under section (Local Access Fora) and references to a local access forum mean the local access forum established by the relevant access authority;")
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
19     Page 2, line 12, at end insert--
    (""local access forum" means an unincorporated body comprising representatives of farmers, landowners, walkers and relevant parish councils in an area of access land;")
 
20     Page 2, line 12, at end insert--
    (""Inner London" means the area comprising the Inner London boroughs, the City of London, the Inner Temple and the Middle Temple;
    interest", in relation to land, includes any estate in land and any right over land, whether the right is exercisable by virtue of the ownership of an estate or interest in land or by virtue of a licence or agreement, and in particular includes rights of common (as defined by section 22 of the Commons Registration Act 1965) and sporting rights, and references to a person interested in land shall be construed accordingly;
    local highway authority" has the same meaning as in the Highways Act 1980;
    local or private Act" includes an Act confirming a provisional order;")
 
21     Page 2, line 13, leave out ("includes") and insert ("means") 
22     Page 2, line 14, at end insert--
    (""open air recreation" means recreational activities necessarily carried out in the open air;")
 
23     Page 2, line 16, leave out from beginning to ("of") in line 17 and insert ("consists") 
  
BY THE BARONESS BYFORD
THE EARL PEEL
THE LORD GLENTORAN
 
24     Page 2, line 17, leave out ("wholly or predominantly") 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
25     Page 2, line 17, after ("predominantly") insert (", that is, 75 per cent. or more in area,") 
  
BY THE BARONESS BYFORD
THE EARL PEEL
THE LORD GLENTORAN
 
26     Page 2, line 17, leave out ("moor, heath or down") and insert ("of moor, of heath or of down") 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
27     Page 2, line 17, leave out ("heath or down,") and insert ("or heath,") 
28     Page 2, line 18, leave out ("registered") 
29     Page 2, line 18, at end insert--
    (""owner", in relation to any land means subject to subsection (3) 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;
    prescribed" means prescribed by regulations;")
 
30     Page 2, leave out lines 19 to 21 
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
THE BARONESS HAMWEE
THE LORD GREAVES
 
31     Page 2, line 21, at end insert (", or
    (b)  land which fell within paragraph (a) above on the day which this Act received Royal Assent but which has subsequently ceased to be common land within the meaning of the Commons Registration Act 1965.")
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
32     Page 2, line 21, at end insert--
    (""regulations" means regulations made by the Secretary of State (as respects England) or by the National Assembly for Wales (as respects Wales);
    telecommunications code" and "telecommunications code systems" have the same meaning as in Schedule 4 to the Telecommunications Act 1984.
    (3)  In relation to any land which is subject to a farm business tenancy within the meaning of the Agricultural Tenancies Act 1995 or a tenancy to which the Agricultural Holdings Act 1986 applies, the definition of "owner" in subsection (2) does not apply where it is excluded by section 20(4) or by paragraph 6(4) of Schedule 2.
 
    (4)  For the purposes of this Part, the Broads are to be treated as a National Park and the Broads Authority as a National Park authority.
 
    (5)  In subsection (4) "the Broads" has the same meaning as in the Norfolk and Suffolk Broads Act 1988.")
 
  
BY THE EARL OF CAITHNESS
THE LORD NORTHBROOK
 
33     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 BARONESS BYFORD
THE LORD GLENTORAN
 
34*     Page 48, line 5, at end insert--
 
    (".  Land used for gallops or other exercise grounds for racehorses, during recognised restricted times.")
 
35     Page 48, line 5, at end insert--
 
    (".  Any developed land.")
 
36     Page 48, line 5, at end insert--
 
    (".  Land in Wales known as coed cae or ffryd land.")
 
37     Page 48, line 5, at end insert--
 
    (".  Land comprising a highway.")
 
38     Page 48, line 5, at end insert--
 
    (".  Land which is subject to a set-aside scheme.")
 
39     Page 48, line 5, at end insert--
 
    ("  .  Land used for the keeping of horses and which contains a stable, barn or shelter.")
 
40     Page 48, line 5, at end insert--
 
    ("  .  Land used for animal pens or enclosures.")
 
41     Page 48, line 5, at end insert--
 
    ("  .  Land within 50 metres of a dwelling-house.")
 
42     Page 48, line 5, at end insert--
 
    ("  .  Land currently used, or used since 1850, as a cemetery or burial ground.")
 
43     Page 48, line 5, at end insert--
 
    ("  .  Land used for the purpose of a sports pitch or an athletics track.")
 
44     Page 48, line 5, at end insert--
 
    ("  .  Land being used for the purposes of a film or television studio.")
 
45     Page 48, line 5, at end insert--
 
    ("  .  Land used commercially for the deposit, storage, transfer or sorting of waste materials.")
 
46     Page 48, line 5, at end insert--
 
    ("  .  Land formerly used for mining operations which is being backfilled.")
 
47     Page 48, line 5, at end insert--
 
    ("  .  Land comprising the grounds of a hospital, school or college.")
 
48     Page 48, line 5, at end insert--
 
    ("  .  Land which consists mainly of ponds, lakes, rivers, streams or other watercourses.")
 
49     Page 48, line 5, at end insert--
 
    ("  .  Grassland which at any time is subjected to the normal processes of husbandry.")
 
50     Page 48, line 6, leave out ("twelve months") and insert ("five years") 
  
BY THE EARL PEEL
 
51     Page 48, line 8, at end insert--
 
    ("  .  Woodland over 0.1 of a hectare or forest.")
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
52     Page 48, line 8, at end insert--
 
    ("  .  Grassland which is improved or semi-improved including grassland used to produce hay, haylage or silage, or grassland used for the intensive grazing of livestock.")
 
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
THE EARL OF MAR AND KELLIE
 
53     Page 48, line 8, at end insert--
 
    ("  .  Land which is regularly cultivated for the growing of grass crops or leys or which is under set-aside.")
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
54     Page 48, line 9, leave out ("buildings") and insert ("a building or the curtilage of a building") 
55     Page 48, line 12, at end insert ("or commercial waste disposal") 
  
BY THE LORD DONOUGHUE
THE VISCOUNT FALKLAND
THE BARONESS TRUMPINGTON
THE LORD LIPSEY
 
56     Page 48, line 15, after ("racecourse") insert ("or way over which racehorses are trained or exercised") 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
57     Page 48, line 15, after ("racecourse") insert (", heliport") 
58     Page 48, line 16, leave out from ("Land") to end of line 
59     Page 48, line 18, leave out ("any such land") and insert ("such works") 
  
BY THE LORD HARDY OF WATH
 
60     Page 48, line 24, at end insert--
 
    ("  .  Land within an established nature reserve where partial access would be likely to damage or destroy such fauna or flora which may be protected by Statute.")
 
  
BY THE DUKE OF MONTROSE
 
61     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.")
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
62     Page 48, line 32, leave out ("and "minerals"") and insert
(", "minerals" and "mining operations"")
 
63     Page 49, line 9, leave out paragraph 12 
64     Page 49, line 15, at end insert--
 
    ("  .  Land is not to be treated as covered by works used for the purposes of a statutory undertaking under paragraph 7 above merely by reason of it being covered by electricity transmission lines.")
 
 
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Prepared 24 July 2000