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

back to previous amendments
 
  
Clause 54
 
  
BY THE LORD WHITTY
 
413     Page 33, line 38, leave out from ("any") to end of line 39 and insert ("local highway authority whose area includes land over which the proposed footpath or bridleway would be created.") 
  
Clause 55
 
  
BY THE LORD WHITTY
 
414     Page 34, leave out line 27 
  
Clause 56
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
415     Page 34, line 42, at end insert--
    ("(  )  the extent to which local rights of way meet the present and likely future needs of agriculture, forestry and the breeding and keeping of horses,")
 
  
BY THE LORD NORTHBOURNE
 
416     Page 34, line 44, at end insert--
    ("(  )  the desirability of providing opportunities for regular exercise in the interests of public health including the availability of circular walks and cycle tracks easily accessible to residential areas,")
 
  
BY THE LORD WHITTY
 
417     Page 35, line 30, leave out subsection (7) 
  
Clause 57
 
  
BY THE LORD WHITTY
 
418     Page 36, line 33, after ("section") insert--
    (""local highway authority" has the same meaning as in the 1980 Act;")
 
  
After Clause 57
 
  
BY THE LORD NORTHBOURNE
 
419     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 59
 
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
THE BARONESS SCOTT OF NEEDHAM MARKET
 
420     Page 37, leave out lines 25 to 47 and insert--
 
    ("(4)  The court shall make an order under this section if it is satisfied--
    (a)  that the obstruction is one to which this section applies;
    (b)  that the highway authority has a duty under section 130(3) above to secure the removal of the obstruction; or
    (c)  that the obstruction significantly interferes with the exercise of public rights of way over that way.
    (5)  The court shall take into account when imposing any time limit for compliance with an order granted under subsection (4) above--
    (a)  that the fact that the way obstructed is a highway within subsection (2) of this section is not seriously disputed; and
    (b)  that, under arrangements which have been made by the authority, its removal will be secured within a reasonable time, having regard to the number and seriousness of obstructions in respect of which they have such a duty.")
 
  
BY THE LORD WHITTY
 
421     Page 37, leave out lines 26 to 31 and insert--
    ("(a)  it is or forms part of--
          (i)  a building (whether temporary or permanent) or works for the construction of a building, or
          (ii)  any other structure (including a tent, caravan, vehicle or other temporary or movable structure) which is designed, adapted or used for human habitation,")
 
422     Page 37, line 35, at end insert--
 
    ("(4A)  A person serving a notice under subsection (1) above must include in the notice the name and address, if known to him, of any person who it appears to him may be for the time being responsible for the obstruction.")
 
423     Page 37, line 37, leave out ("by any person") 
424     Page 37, leave out lines 39 to 41 
425     Page 37, line 42, at beginning insert ("on every person whose name and address is, pursuant to subsection (4A) above, included in the notice and,") 
426     Page 37, line 42, after ("every") insert ("other") 
427     Page 37, line 46, leave out ("it") and insert ("the obstruction") 
428     Page 37, line 47, at end insert ("and
    (c)  on the person who served the notice under subsection (1) above, a notice containing the name and address of each person on whom notice is served under paragraph (b) above and stating what, if any, action the authority propose to take in relation to the obstruction.")
 
429     Page 38, line 1, leave out from ("of") to ("may") in line 3 and insert ("this section the persons for the time being responsible for an obstruction include the owner and any other person who for the time being--
    (a)  has possession or control of it, or
    (b)")  
 
430     Page 38, leave out lines 22 to 31 and insert ("apply to a magistrates' court in accordance with section 130C below for an order under this section.") 
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
THE BARONESS SCOTT OF NEEDHAM MARKET
 
431     Page 38, line 33, after ("take,") insert ("having regard to the number and seriousness of obstructions in respect of which they have such a duty,") 
  
BY THE LORD WHITTY
 
432     Page 38, line 35, at end insert--
 
    ("(  )  An order under this section shall not take effect--
    (a)  until the end of the period of twenty-one days from the day on which the order is made; or
    (b)  if an appeal is brought in respect of the order within that period (whether by way of appeal to the Crown Court or by way of case stated for the opinion of the High Court), until the final determination or withdrawal of the appeal.")
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
433     Page 38, line 36, leave out ("subsection (5)") and insert ("subsections (5) and (5A)") 
  
BY THE LORD WHITTY
 
434     Page 38, line 39, at end insert ("or, in a case falling within subsection (4)(a)(ii) of that section, is one to which that section would apply but for the obstruction having become used for human habitation since service of the notice relating to it under subsection (1) of that section,") 
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
THE BARONESS SCOTT OF NEEDHAM MARKET
 
435     Page 38, line 47, at end insert ("(an entry in the definitive map and statement of a way specified in subsection (2)(b) of that section being conclusive as to its status for the purposes of this section)") 
436     Page 39, line 6, leave out from ("time") to end of line 8 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
437     Page 39, line 8, at end insert--
 
    ("(5A)  No order shall be made under this section if any person with an interest in the land over which the way passes satisfies the court that the fact that the way obstructed is a highway within section 130A(2) above is seriously disputed.")
 
  
BY THE LORD WHITTY
 
428     Page 39, leave out lines 9 to 16 
439     Page 39, line 16, at end insert--
 
    ("(6A)  A highway authority against whom an order is made under this section shall, as soon as practicable after the making of the order, cause notice of the order and of the right to appeal against it to be displayed in such manner and at such places on the highway concerned as may be prescribed by regulations made by the Secretary of State, and the notice shall be in such form and contain such information as may be so prescribed.")
 
440     Page 39, line 18, at end insert-- 
 ("Section 130B: procedure.     130C.--(1)  A person proposing to make an application under section 130B above shall before making the application serve notice of his intention to do so on the highway authority concerned.
 
    (2)  A notice under subsection (1) above shall be in such form and contain such information as may be prescribed by regulations made by the Secretary of State.
 
    (3)  The notice may not be served before the end of two months beginning with the date of service on the highway authority of the notice under section 130A(1) above ("the request notice").
 
    (4)  An application in respect of which notice has been served under subsection (1) above may be made at any time--
    (a)  after the end of five days beginning with the date of service of that notice, and
    (b)  before the end of six months beginning with the date of service on the highway authority of the request notice.
    (5)  On making the application the applicant must give notice to the court of the names and addresses of which notice was given to the applicant under section 130A(5)(c) above.
 
    (6)  On the hearing of the application any person who is, within the meaning of section 130A above, a person for the time being responsible for the obstruction to which the application relates has a right to be heard as respects the matters mentioned in section 130B(4) above.
 
    (7)  Notice of the hearing, of the right to be heard under subsection (6) above and of the right to appeal against a decision on the application shall be given by the court to each person whose name and address is notified to the court under subsection (5) above.
 
 Section 130B: costs.     130D.  Where an application under section 130B above is dismissed by virtue of paragraph (a), (b) or (c) of subsection (5) of that section, the court, in determining whether and if so how to exercise its power under section 64(1) of the Magistrates' Courts Act 1980 (costs), shall have particular regard to any failure by the highway authority to give the applicant appropriate notice of, and information about, the grounds relied on by the authority under that paragraph."
 
    (2)  In section 317 of the 1980 Act (appeals to the Crown Court from decisions of magistrates' courts) after subsection (2) there is inserted--
        (3)  Any person who, in relation to the decision of a magistrates' court on an application under section 130B above, does not fall within subsection (1) above but--
      (a)  is, within the meaning of section 130A above, a person for the time being responsible for the obstruction to which the application related, or
      (b)  when the application was heard, was such a person and was, or claimed to be, heard on the application,
    may appeal to the Crown Court against the decision on any ground relating to the matters mentioned in section 130B(4) above."  ")
 
  
Clause 60
 
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
THE BARONESS HAMWEE
THE BARONESS SCOTT OF NEEDHAM MARKET
 
441     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.")
 
  
After Clause 61
 
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
 
441A*     Insert the following new Clause-- 
 ("Procedure in connection with certain orders under Part III of the 1981 Act 
 
        .  In Schedule 15 to the 1981 Act, in paragraph 13(2), insert the following definition--
      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 Schedule 15; 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."")
Rights of way: procedure for making certain orders.
  
Before Clause 62
 
  
BY THE EARL OF SELBORNE
 
442     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 62
 
  
BY THE LORD WHITTY
 
443     Page 40, line 31, after third ("road,") insert ("a GLA road,") 
  
After Clause 62
 
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
 
443A     Insert the following new Clause-- 
     ("  .--(1)  In section 1 of the Road Traffic Regulation Act 1984 (traffic regulation orders outside Greater London), after subsection (1)(f) there is inserted--
    (g)  for facilitating the use of pedal cycles on bridleways, subject to the publishing of statutory notices and the agreement of the access authority".
    (2)  In section 31 of the Road Traffic Act 1988--
    (a)  after subsection (1)(b) there is inserted ", and
      (c)  is accompanied by a road traffic regulation order if conducted on a bridleway,"; and
    (b)  in subsection (2) the words "other than a bridleway" are omitted.
    (3)  Any right of way enjoyed on a cycle track by the public on pedal cycles shall be enjoyed by the public on horseback.
 
    (4)  The provisions of section 31 of the Road Traffic Act 1988 as amended by subsection (2) above shall apply to a race or trial of speed between horses or horses and cycles on any track as defined by section 1 of the Cycle Tracks Act 1984.")
Use of pedal cycles on bridleways and horses on cycle tracks.
 
back to previous page continue to next page
 
House of Lords home page Parliament home page House of Commons home page search page enquiries index

© Parliamentary copyright 2000
Prepared 2 October 2000