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

back to previous amendments
 
  
After Clause 57
 
  
BY THE LORD NORTHBOURNE
 
283     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".
  
Clause 60
 
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
THE BARONESS HAMWEE
THE BARONESS SCOTT OF NEEDHAM MARKET
 
284     Page 39, line 42, at end insert--
 
    ("(  )  Where the offender refuses to comply with the court order, the magistrate may instruct that the obstruction be removed forthwith and the cost recovered from the offender.")
 
  
Before Clause 62
 
  
BY THE EARL OF SELBORNE
 
285     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.
  
Clause 63
 
  
BY THE LORD HARDY OF WATH
 
286     Page 41, line 4, after ("roads") insert ("and provides for the penalty for such an offence to include the confiscation of the vehicle concerned)") 
  
Schedule 7
 
  
BY THE LORD WILLIAMS OF ELVEL
 
287     Page 89, line 30, at end insert--
        ("(1A)  For the purposes of this section a person shall only be deemed to have lawful authority if in carrying out the activity described in subsection (1) he has due regard to nature conservation.
        (1B)  For the purposes of subsection (1A) the Countryside Agency and the Countryside Council for Wales shall issue guidance about the nature conservation matters to which regard should be had.")
 
288     Page 89, line 30, at end insert--
        ("(  )  If a person who has lawful authority does anything described in subsection (1) he shall so inform the local authority and the police force for the relevant police area.")
 
  
BY THE BARONESS LOCKWOOD
 
288A     Page 89, line 35, leave out ("prima facie") 
  
BY THE LORD HARDY OF WATH
 
289     Page 90, line 18, at end insert ("and in the fourth column of that entry there is inserted at the end--
 
Confiscation of the vehicle.
 
Note: Confiscation of the vehicle should normally be the penalty if the driver or passengers have used it to enable other offences to be committed."")
 
  
Schedule 8
 
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
THE BARONESS THOMAS OF WALLISWOOD
 
290     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.")
 
291     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.")
 
292     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.")
 
293     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.")
 
294     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.")
 
295     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."")
 
296     Page 103, line 14, at end insert ("or
    (c)  a person is convicted of an offence under section 29,")
 
  
After Clause 68
 
  
BY THE BARONESS BYFORD
 
296A     Insert the following new Clause-- 
     ("  .--(1)  The Secretary of State and the National Assembly for Wales shall each determine and keep under review from time to time--
    (a)  the species and habitats of conservation concern; and
    (b)  from amongst such species and habitats, the priority species and priority habitats of conservation concern,
which, as regards the Secretary of State, occur in England and, as regards the National Assembly for Wales, occur in Wales.
 
    (2)  The Secretary of State and the National Assembly for Wales shall each establish the criteria for determining the species and habitats under subsection (1), having regard to--
    (a)  the advice of the relevant nature conservation body; and
    (b)  the criteria which have hitherto been relied upon in determining the species and habitats of conservation concern and priority species and habitats of conservation concern in the United Kingdom under the existing Biodiversity Action Plan regime,
and, taking into account the advice of the relevant nature conservation body, may from time to time review such criteria.
 
    (3)  The Secretary of State and the National Assembly for Wales shall each--
    (a)  take measures to promote the conservation, restoration and enhancement, by any person, of the species and habitats of conservation concern determined by him or it in accordance with paragraph (a) of subsection (1);
    (b)  take additional measures to promote the conservation, restoration and enhancement, by any person, of the priority species and priority habitats of conservation concern determined by him or it in accordance with paragraph (b) of subsection (1); and
    (c)  compile, publish and maintain, in such form as he or it thinks fit, a register of the species and habitats of conservation concern and the priority species and priority habitats of conservation concern determined by him or it in accordance with subsection (1).
    (4)  Every Minister of the Crown (within the meaning of the Ministers of the Crown Act 1975) and government department shall, when exercising their functions and consistent with the proper exercise thereof, secure or further the implementation of the measures taken in accordance with paragraph (a) of subsection (3) and additional measures taken in accordance with paragraph (b) of subsection (3).
 
    (5)  It shall be the duty of the Secretary of State and of the National Assembly for Wales--
    (a)  to ensure that the register referred to in paragraph (c) of subsection (3) is available, at all reasonable times, for inspection by the public free of charge; and
    (b)  to afford members of the public facilities for obtaining copies of entries, on payment of reasonable charges.
    (6)  In this section--
    (a)  a reference to "the existing Biodiversity Action Plan regime" is a reference to the regime set out in the publications entitled--
          (i)  Biodiversity: The UK Steering Group Report, volume 1: Meeting the Rio Challenge, 1995;
          (ii)  Biodiversity: The UK Steering Group Report, volume 2: Action Plans, 1995; and
          (iii)  Government Response to the UK Steering Group Report on Biodiversity, 1995;
    (b)  the relevant nature conservation body" means--
          (i)  in respect of the Secretary of State and in respect of species and habitats which occur in England, the Nature Conservancy Council for England; and
          (ii)  in respect of the National Assembly for Wales and in respect of species and habitats which occur in Wales, the Countryside Council for Wales.")
Statutory underpinning of the Biodiversity Action Plan.
  
Clause 69
 
  
BY THE LORD HARDY OF WATH
 
297     Page 43, line 44, at end insert ("and the confiscation of any vehicle used to carry material from a limestone pavement"") 
  
After Clause 71
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
298     Insert the following new Clause-- 
     ("  .  After subsection (4) of section 1 of the Deer Act 1991 (poaching of deer) there shall be inserted--
        (5) If any person fails to comply with a requirement under subsection (4) above or wilfully return to the land, an authorised person may apprehend such a person and convey him or cause him to be conveyed to a constable as soon as conveniently may be."")
Poaching of deer.
299     Insert the following new Clause-- 
     (" .--(1)  In section 2 of the Game Act 1831, after the words "black game" there shall be inserted "rabbits, snipe, woodcock and wild duck".
 
    (2)  In section 3 of the Game Act 1831, after the words "or other engine or instrument for the purpose of killing or taking any game" there shall be inserted "or attempts to take, kill or injure any game or assist any person to do so".")
Definition of `game'.
300     Insert the following new Clause-- 
     ("  .--(1)  Sections 13, 14, 15 and 16 of the Game Act 1831 shall cease to have effect.
 
    (2)  In the Game Act 1831, after section 12 there shall be inserted--
Appointment of gamekeepers. 12A.  It shall be lawful for any person who, in relation to any land, is the owner or occupier of the land or any person authorised by the owner or occupier, including any person having the right to take or kill game on the land, to appoint a gamekeeper, or gamekeepers, to be engaged in the management and conservation of game birds, wildfowl, ground game, deer, fish or wildlife, and such gamekeeper shall have the right to preserve or kill game on that land."")
Appointment of gamekeepers etc.
  
Schedule 10
 
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
THE BARONESS THOMAS OF WALLISWOOD
 
301     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
 
302     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.""){PA

 
  
Before Clause 72
 
  
BY THE EARL OF CARNARVON
 
303     Insert the following new Clause-- 
 ("PLANNING AUTHORITY IN NATIONAL PARKs 
     .--(1)  In section 4A(2) of the Town and Country Planning Act 1990, at the beginning insert "If the order establishing the National Park authority so provides and".
 
    (2)  In section 65(3) of the Environment Act 1995, for "The functions of a National Park authority" substitute "In the case of a National Park authority which is designated as the sole local planning authority for its area, its functions".
 
    (3)  In section 67(2) of that Act, after "by order" insert "designate a National Park authority as the sole planning authority for its area.
        (2A)  An order under subsection (2) may".")
Planning authority in National Parks.
  
Clause 77
 
  
BY THE LORD WILLIAMS OF ELVEL
 
304     Page 47, line 19, after ("41,") insert--
    ("section 63 and paragraphs 4 to 7 of Schedule 7,")
 
305     Page 47, line 22, after ("II") insert ("(apart from section 63 and paragraphs 4 to 7 of Schedule 7)") 
  
In the Title
 
  
BY THE EARL OF CARNARVON
 
306     Line 7, after ("wildlife;") insert ("to amend the law relating to planning authorities in National Parks;") 
  
 
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