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

back to previous amendments
 
  
Clause 23
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
266     Page 14, line 7, after ("any") insert ("access") 
267     Page 14, line 9, leave out ("by reason of any exceptional conditions of weather,") 
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
 
268     Page 14, line 13, after ("anything") insert ("being") 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
269     Page 14, line 13, after second ("done,") insert ("or conditions prevailing") 
270     Page 14, line 13, after ("the") insert ("access") 
271     Page 14, line 15, after first ("the") insert ("access") 
272     Page 14, line 25, at end insert (", and
    (  )  an indefinite period")
 
273     Page 14, line 27, after second ("the") insert ("access") 
274     Page 14, line 30, at beginning insert ("access") 
275     Page 14, line 36, leave out subsection (5) 
  
Clause 24
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
276     Page 15, line 12, at end insert--
    ("(  )  the purpose of protecting any dry stone wall;")
 
277     Page 15, line 12, at end insert--
    ("(  )  the purpose of protecting the quality of any water;")
 
  
Clause 25
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
278     Page 15, line 42, at end insert--
 
    ("(1A)  In giving, revoking or varying any direction under section 22, 23 or 24, the relevant authority shall take reasonable steps to further the conservation and enhancement of the flora, fauna, or geological or physiographical features of the land thereby affected.")
 
  
Clause 26
 
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
THE EARL OF MAR AND KELLIE
 
279     Page 16, line 23, after ("may") insert (", after consultation with the local access forum,") 
  
BY THE LORD WHITTY
 
280     Page 17, line 5, at end insert--
 
    ("(6)  If in any calendar year the Secretary of State reviews a defence direction, he shall--
    (a)  prepare a report on all reviews of defence directions which he has undertaken during that year, and
    (b)  lay a copy of the report before each House of Parliament.
    (7)  In subsection (6) "defence direction" means a direction given under this section for the purposes of defence.")
 
  
Clause 27
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
281     Page 17, line 11, at end insert ("to the Agricultural Land Tribunal") 
282     Page 17, line 12, leave out paragraphs (a) and (b) 
283     Page 17, line 14, leave out from ("section") to ("it") in line 15 and insert ("the Agricultural Land Tribunal may, if") 
284     Page 17, line 20, leave out subsection (4) 
285     Page 17, leave out lines 25 to 29 
  
Clause 28
 
  
BY THE LORD JUDD
THE BARONESS LOCKWOOD
THE BARONESS GALE
 
286     Page 17, line 37, after ("25(4),") insert (", or
    (  )  any person has made representations that a direction should not be made, or should be made in a form different from that required by the applicant,")
 
287     Page 17, line 42, leave out ("The applicant") and insert ("Any person") 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
288     Page 17, line 42, at end insert ("to the Agricultural Land Tribunal") 
289     Page 17, line 43, leave out paragraphs (a) and (b) 
290     Page 18, line 2, leave out from ("section") to ("it") and insert ("the Agricultural Land Tribunal may, if") 
291     Page 18, line 8, leave out subsection (5) 
  
Clause 30
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
292     Page 18, line 32, leave out paragraph (e) 
293     Page 18, line 42, leave out ("by persons interested in land,") 
  
Clause 31
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
294     Page 19, line 10, leave out ("may") and insert ("and the Nature Conservancy Council for England may jointly") 
  
Clause 33
 
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
THE BARONESS HAMWEE
THE LORD GREAVES
 
295     Page 20, line 28, leave out sub-paragraph (ii) 
  
Clause 34
 
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
THE BARONESS HAMWEE
THE BARONESS SCOTT OF NEEDHAM MARKET
 
296     Page 20, line 32, leave out ("twenty-one") and insert ("forty") 
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD ADDINGTON
 
297     Page 21, line 12, after ("them") insert (", subject to their being able to show evidence of obtaining quotations for the work in accordance with best value practice,") 
  
Clause 36
 
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD ADDINGTON
 
298     Page 22, line 15, after ("elsewhere,") insert--
    ("(  )  that different works are proposed,")
 
  
Clause 38
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
299     Page 24, line 21, at end insert--
 
    ("(7A)  It is the duty of the appropriate countryside body, a local highway authority, a National Park authority, and the Forestry Commission, as the case may be, to compensate any person who has sustained damage as a result of--
    (a)  the exercise of the power conferred by subsections (1) to (4) by a person authorised to do so, or
    (b)  the failure of a person on leaving land entered in the exercise of a power under subsections (1) to (4), and which is unoccupied or from which the occupier is temporarily absent at the time of entry, to leave the land as effectively secured against unauthorised entry as he found it,
except where the damage is attributable to the fault of the person who sustained it; and any dispute as to a person's entitlement to compensation under this subsection or as to its amount shall be referred to an arbitrator to be appointed, in default of agreement, by the Secretary of State.")
 
  
After Clause 38
 
  
BY THE LORD WHITTY
 
300     Insert the following new Clause-- 
     (".--(1) This section applies to any enactment which--
    (a)  is contained in an Act passed before or in the same Session as this Act, and
    (b)  relates to things done in public places or places to which the public have access.
    (2)  Regulations may provide that, in determining for the purposes of any specified enactment to which this section applies whether a place is a public place or a place to which the public have access, the right conferred by section 2(1), or access by virtue of that right, is to be disregarded, either generally or in prescribed cases.")
References to public places in existing enactments.
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
301     Insert the following new Clause-- 
     ("  .--(1)  Every access authority shall, within five years after the commencement of this section prepare and publish a plan, to be known as an access land management strategy, containing--
    (a)  the authority's assessment of the adequacy of the provision made in relation to each of the matters specified in subsection (2) and of any need for changes in that provision,
    (b)  a statement of the action they propose to take for the management of access land in their area, and for securing that any such land is managed without detriment to that land or any person interested in that land, and
    (c)  such other material as the Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales) may direct.
    (2)  The matters referred to in subsection (1)(a) are--
    (a)  fire management,
    (b)  byelaws,
    (c)  access points,
    (d)  warden services,
    (e)  regimes for closures and restrictions,
    (f)  the statutory map of access land,
    (g)  signs, notices and other forms of information provided in relation to access land,
    (h)  public transport services in relation to access land,
    (i)  any other matters that may be specified in regulations.")
Access land management strategy.
  
BY THE LORD BRITTAN OF SPENNITHORNE
 
302     Insert the following new Clause-- 
     (".--(1)  Any person with an interest in land shall be entitled to be indemnified for any additional costs and expenses reasonably incurred as a result of the right conferred by section 2(1), or for any increased liability or loss arising therefrom.
 
    (2)  Regulations shall make provision for the form and procedure by which such amounts may be recovered.")
Indemnity for costs arising from the right of access.
303     Insert the following new Clause-- 
     (".--(1)  Where an owner or a person with an interest in land proves that he has suffered a diminution in the value of his land or interest therein due to the right conferred by section 2(1), he shall be entitled to claim compensation in the same manner and on the same basis as provided under sections 70 to 72 of the National Parks and Access to the Countryside Act 1949 ("the 1949 Act") in relation to land over which an access order has been made under Part V of that Act.
 
    (2)  Regulations may be made as under section 70 of the 1949 Act.")
Compensation for diminution in value of land.
  
BY THE EARL PEEL
 
304     Insert the following new Clause-- 
     ("  .  In exercising any function under Part I of this Act in relation to any access land, any access authority, the appropriate countryside body, the Secretary of State and the National Assembly for Wales shall be under a duty to give precedence to the conservation of the flora, fauna, geological or physiographical features, and any scheduled ancient monument, on the land.")General duty to give precedence to conservation.
  
Clause 41
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
305     Page 25, leave out lines 18 to 21 and insert--
    (""livestock" includes cattle, horses, equines, asses, mules, hinnies, sheep, pigs, goats and poultry, and deer not in the wild state, and also while in captivity or while on access land as defined in section 1, pheasants, partridges and grouse;")
 
  
BY THE LORD WHITTY
 
306     Page 25, line 19, leave out ("sub-paragraph") and insert ("definition") 
  
Schedule 4
 
  
BY THE BARONESS BYFORD
THE EARL PEEL
THE LORD GLENTORAN
 
307     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
THE LORD GLENTORAN
 
308     Page 53, line 7, at end insert-- 
 ("DOGS (PROTECTION OF LIVESTOCK) ACT 1953 (C. 28) 
     .  Section 3(1) of the Dogs (Protection of Livestock) Act 1953 is amended as follows--
    (a)  for the definition of "agricultural land" there is substituted "agricultural land" means land used as arable, meadow or grazing land, or for the purpose of poultry farming, pig farming, market gardens, allotments, nursery grounds or orchards, and access land as defined in section 1 of the Countryside and Rights of Way Act 2000;
    (b)  for the definition of "livestock" there is substituted "livestock" includes cattle, horses, equines, asses, mules, hinnies, sheep, pigs, goats and poultry, and deer not in the wild state, and also while in captivity or while on access land as defined in section 1 of the Countryside and Rights of Way Act 2000, pheasants, partridges and grouse.")
 
309     Page 53, line 11, at end insert-- 
 ("ANIMALS ACT 1971 (C. 22) 
     .  In section 11 of the Animals Act 1971, for the definition of livestock there is substituted--
    livestock" includes cattle, horses, equines, asses, mules, hinnies, sheep, pigs, goats and poultry, and deer not in the wild state, and also while in captivity or while on access land as defined in section 1 of the Countryside and Rights of Way Act 2000, pheasants, partridges and grouse.")
 
310     Page 53, line 26, at end insert-- 
 ("DOGS (FOULING OF LAND) ACT 1996 (C. 20) 
     .  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".") 
 
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