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 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."")
 
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
THE BARONESS SCOTT OF NEEDHAM MARKET
 
368     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 if--
    (a)  the proposed change would be contrary to 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)  he or it, as the case may be, considers that the proposals set out in the application, if implemented, when considered together with any other changes to the rights of way in the area, either proposed or having been made within the last five years, 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 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
THE BARONESS HAMWEE
THE BARONESS SCOTT OF NEEDHAM MARKET
 
370     Page 61, line 48, leave out ("four") and insert ("twelve") 
  
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") 
373     Page 63, line 3, leave out ("high levels of") 
374     Page 63, line 5, leave out ("persistent") 
  
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)")
 
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
THE BARONESS SCOTT OF NEEDHAM MARKET
 
380     Page 64, line 33, at end insert--
 
    ("  .  After section 119(6) of the 1980 Act there is inserted--
 
    (6A)  The Secretary of State or a council, as the case may be, shall not confirm a public path diversion order if--
    (a)  the proposed change would be contrary to 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)  he or it, as the case may be, considers that the proposals set out in the application, if implemented, when considered together with any other changes to the rights of way in the area, either proposed or having been made within the last five years, 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 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
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 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") 
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.")
 
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") 
  
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)".")
 
  
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".
 
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Prepared 26 September 2000