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

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Schedule 6
 
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
 
365A*     Page 60, line 33, at end insert--
 
    ("  .  After section 26 of the 1980 Act there is inserted--
 
 Application for a public path creation order.     26A.--(1)  Any person may apply to a council for the area in which that land is situated for the making of a public path creation order to create a footpath or bridleway over land.
 
    (2)  An application under this section shall be in such a form as may be prescribed and shall be accompanied by a map, on such a scale as may be prescribed, showing the land over which the public right of way would be created, and by such information as may be prescribed.
 
    (3)  Regulations may provide--
    (a)  that a prescribed fee is payable on the making of an application under this section; and
    (b)  that further prescription charges are payable by the applicant if the application is granted.".")
 
  
BY THE LORD WHITTY
 
366     Page 61, line 8, at end insert--
 
    ("(3)  In this section, "agriculture" includes the breeding or keeping of horses."")
 
  
BY THE BARONESS LOCKWOOD
 
367     Page 61, line 14, at end insert--
 
    ("  .--(1)  In section 116 of the 1980 Act (power of magistrates' court to authorise stopping up or diversion of highway) in subsection (1), for "or a special road" there is substituted ", special road, footpath or bridleway".
 
    (2)  In section 118 of the 1980 Act (stopping up of footpaths and bridleways) there is inserted after subsection (3)--
        (3A)  A public path extinguishment order may provide for the stopping up of a bridleway subject to the reservation of a footpath."")
 
368     [Withdrawn] 
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
THE BARONESS SCOTT OF NEEDHAM MARKET
 
368A*     Page 61, line 14, at end insert--
        ("  .  After section 118(2) of the 1980 Act there is inserted--
        (2A)  The Secretary of State, or a council, as the case may be, shall not confirm a public path extinguishment order unless he, or as the case may be they, are satisfied that it is expedient to do so having regard to--
      (a)  the relevant local highway authority's strategic objectives for their local rights of way, as set out in its rights of way improvement plan; or
      (b)  any other changes to the rights of way in the area, either proposed or having been made within the last five years, and whether these would adversely affect the overall extent of the public rights of way in the area or the use and enjoyment of those rights of way by the public."")
 
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
 
368B*     Page 61, line 16, leave out from beginning to ("may") in line 17 and insert ("Any person") 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
369     Page 61, line 16, leave out from ("land") to ("may") in line 17 
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
 
369A*     Page 61, line 18, leave out the second ("the") and insert ("any") 
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
THE BARONESS HAMWEE
THE BARONESS SCOTT OF NEEDHAM MARKET
 
370     Page 61, line 48, leave out ("four") and insert ("twelve") 
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
 
370A*     Page 62, leave out lines 25 to 32 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
371     Page 62, line 26, leave out from ("authority") to ("the") in line 28 
372     Page 62, line 30, leave out ("which would otherwise disrupt the life of the community") 
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
 
372A*     Page 63, leave out lines 1 to 5 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
373     Page 63, line 3, leave out ("high levels of") 
374     Page 63, line 5, leave out ("persistent") 
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
 
374A*     Page 63, leave out lines 15 to 36 
  
BY THE LORD WHITTY
 
375     Page 63, line 17, leave out ("opposed") and insert ("unopposed") 
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
THE BARONESS SCOTT OF NEEDHAM MARKET
 
376     Page 63, line 36, at end insert (", and
    (d)  whether the highway was dedicated prior to existence of the premises referred to in subsection (3)(a) above and, if so, to what extent the subsequent existence of the premises and any means of access thereto has had on the character and setting of the highway.
    (8)  Where the existence of the premises, or any adjoining or adjacent premises, has resulted in whole or partial enclosure of the highway, the Secretary of State or a council, as the case may be, shall have additional regard to the pre-existence of the highway.")
 
  
BY THE LORD WHITTY
 
377     Page 63, line 39, leave out ("opposed") and insert ("unopposed") 
378     Page 64, line 28, leave out ("In") 
379     Page 64, line 28, after ("bridleways)") insert ("is amended as follows.
 
    (2)  In subsection (1)(b), for "so specified" there is substituted "specified in the order or determined".
 
    (3)  For subsection (3), there is substituted--
        (3)  Where it appears to the council that work requires to be done to bring the new site of the footpath or bridleway into a fit condition for use by the public, the council shall--
      (a)  specify a date under subsection (1)(a) above, and
      (b)  provide that so much of the order as extinguishes (in accordance with subsection (1)(b) above) a public right of way is not to come into force until the local highway authority for the new path or way certify that the work has been carried out.".
    (4)")
 
380     [Withdrawn] 
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
THE BARONESS SCOTT OF NEEDHAM MARKET
[In substitution for Amendment 380]
 
380A*     Page 64, line 33, at end insert--
 
    ("  .  After section 119(6) of the 1980 Act there is inserted--
        (2A)  The Secretary of State, or a council, as the case may be, shall not confirm a public path diversion order unless he, or as the case may be they, are satisfied that it is expedient to do so having regard to--
      (a)  the relevant local highway authority's strategic objectives for their local rights of way, as set out in its rights of way improvement plan; or
      (b)  any other changes to the rights of way in the area, either proposed or having been made within the last five years, and whether these would adversely affect the overall extent of the public rights of way in the area or the use and enjoyment of those rights of way by the public."")
 
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
 
380B*     Page 64, line 35, leave out from ("below,") to ("may") in line 37 and insert ("any person") 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
381     Page 64, line 36, leave out from ("land") to ("may") in line 37 
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
 
381A*     Page 64, line 38, leave out the first ("the") and insert ("any") 
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
THE BARONESS SCOTT OF NEEDHAM MARKET
 
382     Page 65, line 35, leave out ("four") and insert ("twelve") 
  
BY THE LORD WHITTY
 
383     Page 66, line 10, at end insert--
 
    ("  .--(1)  Section 119A (diversion of footpaths and bridleways crossing railways) is amended as follows.
 
    (2)  In subsection (2)(b), for "so specified" there is substituted "specified in the order or determined under subsection (7) below".
 
    (3)  For subsection (7) there is substituted--
        (7)  Where it appears to the council that work requires to be done to bring the new site of the footpath or bridleway into a fit condition for use by the public, the council shall--
      (a)  specify a date under subsection (2)(a) above, and
      (b)  provide that so much of the order as extinguishes (in accordance with subsection (2)(b) above) a public right of way is not to come into force until the local highway authority for the new path or way certify that the work has been carried out.".")
 
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
 
383A*     Page 66, leave out lines 14 to 23 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
384     Page 66, line 15, leave out from ("authority") to ("the") in line 17 
385     Page 66, line 19, leave out ("which would otherwise disrupt the life of the community") 
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
 
385A*     Page 66, leave out lines 47 to 51 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
386     Page 66, line 49, leave out ("high levels of") 
387     Page 66, line 51, leave out ("persistent") 
  
BY THE LORD WHITTY
 
388     Page 67, line 14, leave out ("so specified") and insert ("specified in the order or determined") 
389     Page 67, line 17, leave out ("authority") and insert ("council") 
390     Page 67, leave out lines 30 to 36 and insert--
 
    ("(8)  Where it appears to the council that work requires to be done to bring the new site of the highway into a fit condition for use by the public, the council shall--
    (a)  specify a date under subsection (4)(a) above, and
    (b)  provide that so much of the order as extinguishes (in accordance with subsection (4)(b) above) a public right of way is not to come into force until the local highway authority for the new highway certify that the work has been carried out.")
 
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
 
390A*     Page 67, line 42, leave out from beginning to end of line 10 on page 68 
  
BY THE LORD WHITTY
 
391     Page 67, line 44, leave out ("opposed") and insert ("unopposed") 
392     Page 68, line 13, leave out ("opposed") and insert ("unopposed") 
393     Page 69, line 8, leave out from ("carriage-way") to end of line 11 
394     Page 70, line 40, leave out ("so specified") and insert ("specified in the order or determined") 
395     Page 70, line 53, leave out from beginning to end of line 5 on page 71 and insert--
 
    ("(6)  Where it appears to the council that work requires to be done to bring the new site of the highway into a fit condition for use by the public, the council shall--
    (a)  specify a date under subsection (3)(a) above, and
    (b)  provide that so much of the order as extinguishes (in accordance with subsection (3)(b) above) a public right of way is not to come into force until the local highway authority for the new highway certify that the work has been carried out.")
 
396     Page 71, line 50, leave out ("the Nature Conservancy Council for England") and insert ("English Nature") 
397     Page 72, line 24, leave out ("the Nature Conservancy Council for England") and insert ("English Nature") 
398     Page 73, line 20, leave out from ("carriage-way") to end of line 23 
399     Page 73, line 31, after ("1") insert ("or 6") 
400     Page 73, line 48, leave out from beginning to end of line 2 on page 74 and insert--
    ("(a)  after "or diverted" there is inserted "or where it appears to the Secretary of State as respects a relevant highway as defined by section 118B(2), 119B(2) or 119D(2) that it is expedient as mentioned in section 118B(1)(a) or (b), 119B(1)(a) or (b) or 119D(1)(b) that the highway should be stopped up or diverted",")
 
401     Page 74, line 25, leave out ("countryside") and insert ("conservation") 
402     Page 75, line 6, leave out ("may be") and insert ("are") 
402A*     Page 75, line 13, leave out ("he") and insert ("the Secretary of State") 
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
 
402B*     Page 76, leave out lines 48 to 51 
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
THE BARONESS SCOTT OF NEEDHAM MARKET
 
403     Page 78, line 35, at end insert--
 
    ("(5)  A council may decline to determine an application under section 118ZA and 119ZA if--
    (a)  it does not have the power to make a public path extinguishment order under the provisions of section 118 above, or a public path diversion order under the provisions of section 119 above, as appropriate, in respect of the footpath or bridleway to which the application relates;
    (b)  having regard to requirement of either section 118 or 119, it also appears to the council from the information currently available that any such public path order made by the council would not be capable of being confirmed, whether by the council or by the Secretary of State.")
 
  
BY THE LORD WHITTY
 
404     Page 79, line 10, leave out ("subsection (5) of section 119") and insert ("section 119(5)") 
405     Page 79, line 12, leave out ("that subsection as applied by") 
406     Page 79, line 48, leave out from ("public") to end of line 50 
407     Page 81, line 16, leave out from ("of") to ("on") in line 17 and insert ("subsection (2) of section 118ZA above (or that subsection as applied by section 118C(2) above)") 
408     Page 81, line 26, leave out from ("of") to ("on") in line 27 and insert ("subsection (4) of section 119ZA above (or that subsection as applied by section 119C(4) above)") 
  
BY THE BARONESS SCOTT OF NEEDHAM MARKET
THE LORD GREAVES
 
409     Page 81, line 30, at end insert--
 
    ("  .  In section 134 of the 1980 Act, subsection (5) is omitted.")
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
410     Page 81, line 32, leave out ("of a prescribed description") and insert ("reasonably necessary for land management which") 
411     Page 81, line 44, leave out ("five") and insert ("twenty-eight") 
  
BY THE LORD WHITTY
 
412     Page 83, line 40, at end insert ("and
    (b)  in subsection (2)(b), after "17" there is inserted "or 118B(1)(a)".")
 
412A*     Page 85, line 48, after ("State") insert ("including any related decision under section 120(5) of this Act") 
412B*     Page 88, line 11, leave out from ("hearings") to ("as") and insert ("held under this Schedule by an appointed person") 
 
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