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

back to previous amendments
 
  
Schedule 5
 
  
BY THE LORD WHITTY
 
321     Page 53, line 44, leave out from beginning to end of line 1 on page 54 and insert ("that the public have, and had immediately before the commencement of section 43 of the Countryside and Rights of Way Act 2000, a right of way for vehicular and all other kinds of traffic over that way.") 
322     Page 55, line 24, at end insert (", and
          (ii)  if an order is made, a decision has been made to confirm or not to confirm the order,")
 
323     Page 57, line 18, after ("byway"") insert--
    ("(  )  after "the map shall" there is inserted ", subject to subsection (2A),",")
 
324     Page 57, line 35, at end insert ("--
    (a)  subsection (1)(d) and (e) have effect subject to the operation of any enactment or instrument, and to any other event, whereby a way shown on the map as a restricted byway has, on or before that date--
          (i)  been authorised to be stopped up, diverted or widened, or
          (ii)  become a public path, and
    (b)")  
 
325     Page 57, line 36, leave out from ("way") to ("with") in line 37 and insert ("so shown") 
326     Page 58, leave out lines 2 and 3 
327     Page 58, line 5, at end insert--
 
    ("(2A)  After that subsection there is inserted--
        (3A)  Where as respects any definitive map and statement the requirements of section 53(2), and of section 55 so far as it applies, have been complied with, the map and statement are to be regarded for the purposes of subsection (3) as having been modified in accordance with the foregoing provisions of this Part whether or not, as respects the map and statement, the requirements of section 54 have been complied with."")
 
328     Page 58, line 20, at end insert--
        ("(6C)  Regulations made by the Secretary of State may require any surveying authority--
      (a)  to keep such other documents as may be prescribed by the regulations available for inspection at such times and places and in such manner as may be so prescribed, or
      (b)  to provide to any other surveying authority any document so prescribed which that authority is, by regulations under paragraph (a), required to keep available for inspection."")
 
329     Page 58, line 22, leave out from ("Where") to ("area") in line 25 and insert--
    ("(a)  different definitive maps and statements relate to different parts of a surveying authority's area,
    (b)  as respects so much of each definitive map and statement as relates to that area the requirements of section 53(2), and of section 55 so far as it applies, have been complied with, and
    (c)  there is no part of that")
 
330     Page 58, leave out lines 34 to 39 and insert--
 
    ("(2)  The power conferred by subsection (1) is not exercisable by a surveying authority if the definitive map and statement relating to any part of the authority's area is")
 
331     Page 58, line 45, leave out ("Subject to subsection (2),") 
332     Page 59, leave out lines 1 to 25 
333     Page 59, line 33, at end insert--
 
    ("  .  In Schedule 14 to that Act (applications for certain orders under Part III), in paragraph 4(2) at the end there is inserted "(which may include a direction as to the time within which an order is to be made)".
 
    . In Schedule 15 to that Act (procedure in connection with certain orders), paragraph 9 is omitted and after paragraph 10 there is inserted--
 
 Hearings and local inquiries 
 
        10A.--(1)  Subject to sub-paragraph (2), subsections (2) to (5) of section 250 of the Local Government Act 1972 (giving of evidence at, and defraying of costs of, inquiries) shall apply in relation to any hearing or local inquiry held under paragraph 7 or 8 as they apply in relation to a local inquiry which a Minister causes to be held under subsection (1) of that section.
        (2)  In its application to a hearing or inquiry held under paragraph 7 or 8 by a person appointed under paragraph 10(1), subsection (5) of that section shall have effect as if the reference to the Minister causing the inquiry to be held were a reference to the person so appointed or the Secretary of State.
        (3)  Section 322A of the Town and Country Planning Act 1990 (orders as to costs where no hearing or inquiry takes place) shall apply in relation to a hearing or local inquiry under paragraph 7 or 8 as it applies in relation to a hearing or local inquiry for the purposes referred to in that section.".")
 
334     Page 60, line 3, leave out from beginning to (""restricted") in line 7 and insert--
 
    ("11.--(1)  Section 57 of that Act (penalty for displaying on footpaths notices deterring public use) is amended as follows.
 
    (2)  In subsection (1), for "road used as a public path" there is substituted "restricted byway".
 
    (3)  In subsection (3), for "or road used as a public path" there is substituted "restricted byway or byway open to all traffic".
 
    (4)  After that subsection there is inserted--
        (4)  In this section--
      byway open to all traffic" has the same meaning as in Part III of the Wildlife and Countryside Act 1981;"")
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
335     Page 60, line 15, at end insert--
 
    ("  .  After section 56 of the 1980 Act there is inserted--
 
 <~et>Instance where order is not made.     56A.  No order shall be made under the preceding section if the respondent satisfies the court that the fact that the way to be maintained is a highway within section 56(1) above is seriously disputed."") 
336     Page 60, line 18, at end insert--
 
    ("  .  After section 134(9) of the 1980 Act there is inserted--
        (10)  All references to this section to a footpath or bridleway shall include a restricted byway."")
 
337     Page 60, line 18, at end insert--
        ("  .  After section 147(6) of the 1980 Act there is inserted--
        (7)  All references in this section to a footpath or bridleway shall include a restricted byway."")
 
  
BY THE LORD WHITTY
 
338     Page 60, line 19, leave out ("329(1) of the 1980 Act (interpretation)") and insert ("329 of the 1980 Act (interpretation)--
    (a)  in subsection (1)")
 
339     Page 60, line 22, at end insert--
    ("(b)  in subsection (2) for "either "bridleway" or "footpath"" there is substituted ""bridleway", "footpath" or "restricted byway"".")
 
  
Clause 48
 
  
BY THE BARONESS LOCKWOOD
 
340     Page 29, line 7, after ("byways") insert ("or as byways open to all traffic") 
  
BY THE LORD WHITTY
 
341     Page 29, line 11, at end insert ("or subsection (3A)(a)") 
342     Page 29, line 12, leave out ("subsection (1)") and insert ("this section") 
343     Page 29, line 14, at end insert--
 
    (""relevant Welsh provision" means a provision contained--
    (a)  in a local or private Act passed before or in the same Session as this Act and relating only to areas in Wales, or
    (b)  in any subordinate legislation which was made before the passing of this Act and which the National Assembly for Wales has power to amend or revoke as respects Wales.")
 
344     Page 29, line 14, at end insert--
 
    ("(2A)  In exercising the power to make regulations under subsection (1), the Secretary of State--
    (a)  may not make provision which has effect in relation to Wales unless he has consulted the National Assembly for Wales, and
    (b)  may not without the consent of the National Assembly for Wales make any provision which (otherwise than merely by virtue of the amendment or repeal of a provision contained in an Act) amends or revokes subordinate legislation made by the Assembly.
    (2B)  The National Assembly for Wales may submit to the Secretary of State proposals for the exercise by the Secretary of State of the power conferred by subsection (1).")
 
345     Page 29, line 15, leave out ("this section") and insert ("subsection (1)") 
346     Page 29, line 16, leave out from beginning to ("even") and insert ("relevant provision") 
347     Page 29, line 17, at end insert--
 
    ("(3A)  As respects Wales, the National Assembly for Wales may by regulations--
    (a)  provide for any relevant Welsh provision which relates--
          (i)  to highways or highways of a particular description,
          (ii)  to things done on or in connection with highways or highways of a particular description, or
          (iii)  to the creation, stopping up or diversion of highways or highways of a particular description,
 
 not to apply, or to apply with or without modification, in relation to restricted byways or to ways shown in a definitive map and statement as restricted byways, and 
 
    (b)  make in any relevant Welsh provision such amendments, repeals or revocations as appear to the Assembly appropriate in consequence of the coming into force of sections 43 to 46 or provision made by virtue of subsection (1)(a) or paragraph (a).")
 
348     Page 29, line 19, after ("made") insert ("by the Secretary of State") 
349     Page 29, line 21, at end insert--
 
    ("(5)  Where the Secretary of State lays before Parliament the draft of an instrument containing regulations under subsection (1) in respect of which consultation with the National Assembly for Wales is required by subsection (2A)(a), he shall also lay before each House of Parliament a document giving details of the consultation and setting out any representations received from the Assembly.")
 
  
Clause 49
 
  
BY THE LORD WHITTY
 
350     Page 29, line 30, after ("All") insert ("public") 
351     Page 29, line 39, leave out from ("over") to ("is") and insert ("a bridleway, restricted byway or byway open to all traffic which") 
352     Page 29, line 41, leave out from ("along") to ("is") in line 42 and insert ("a bridleway, restricted byway or byway open to all traffic which") 
353     Page 29, line 44, leave out from ("over") to ("is") in line 45 and insert ("a restricted byway or byway open to all traffic which") 
354     Page 30, line 1, leave out from ("over") to ("is") in line 2 and insert ("a byway open to all traffic which") 
355     Page 30, line 7, leave out from ("whether") to ("for") in line 11 and insert ("any part of a highway was on 1st January 1949 a footpath or bridleway, or
    (b)")  
 
356     Page 30, line 12, leave out from first ("over") to ("was") and insert ("any part of a highway") 
357     Page 30, line 25, leave out subsection (10) 
  
Clause 50
 
  
BY THE LORD WHITTY
 
358     Page 30, line 38, leave out ("not comprised in the same") and insert ("constituting or comprised in another") 
359     Page 31, line 24, leave out ("excluded") and insert ("excepted") 
360     Page 31, line 32, leave out ("the whole or part of a way") and insert ("land") 
  
Clause 51
 
  
BY THE LORD WHITTY
 
361     Page 32, leave out lines 4 and 5 and insert--
    ("(a)  was immediately before 1st January 1949 either a footpath or a bridleway, and
    (b)  is, throughout the period beginning with the commencement of this section and ending with the cut-off date,")
 
362     Page 32, line 15, at end insert--
 
    ("(  )  Any right of way over a way by virtue of subsection (1) is subject to any condition or limitation to which the public right of way on foot over that way was subject on the cut-off date.")
 
363     Page 32, line 28, leave out from ("52") to end of line 30 
  
Clause 52
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
364     Page 32, line 32, leave out ("2026") and insert ("2016") 
365     Page 32, line 35, leave out paragraph (a) 
 
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