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

back to previous amendments
 
  
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.")
 
  
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,") 
  
Clause 63
 
  
BY THE LORD HARDY OF WATH
 
444     Page 41, line 4, after ("roads") insert ("and provides for the penalty for such an offence to include the confiscation of the vehicle concerned)") 
  
Schedule 7
 
  
BY THE LORD WILLIAMS OF ELVEL
 
445     Page 89, line 30, at end insert--
        ("(1A)  For the purposes of this section a person shall only be deemed to have lawful authority if in carrying out the activity described in subsection (1) he has due regard to nature conservation.
        (1B)  For the purposes of subsection (1A) the Countryside Agency and the Countryside Council for Wales shall issue guidance about the nature conservation matters to which regard should be had.")
 
446     Page 89, line 30, at end insert--
        ("(  )  If a person who has lawful authority does anything described in subsection (1) he shall so inform the local authority and the police force for the relevant police area.")
 
  
BY THE BARONESS LOCKWOOD
 
447     Page 89, line 35, leave out ("prima facie") 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
448     Page 89, line 35, leave out ("prima facie evidence is adduced to the contrary") and insert ("evidence is adduced to the contrary showing on the balance of probabilities that public vehicular rights exist over the way") 
  
BY THE LORD HARDY OF WATH
 
449     Page 90, line 18, at end insert ("and in the fourth column of that entry there is inserted at the end--
 
Confiscation of the vehicle.
 
Note: Confiscation of the vehicle should normally be the penalty if the driver or passengers have used it to enable other offences to be committed."")
 
  
Clause 64
 
  
BY THE LORD WHITTY
 
450     Page 41, line 14, at end insert--
 
    ("(2)  After that section there is inserted--
 
 Agreements relating to improvements for benefit of persons with mobility problems.     147ZA.--(1)  With respect to any relevant structure, a competent authority may enter into an agreement with the owner, lessee or occupier of the land on which the structure is situated which provides--
    (a)  for the carrying out by the owner, lessee or occupier of any qualifying works and the payment by the competent authority of the whole or any part of the costs incurred by him in carrying out those works, or
    (b)  for the carrying out by the competent authority of any qualifying works at their own expense or subject to the payment by the owner, lessee or occupier of the whole or any part of the costs incurred in carrying out those works.
    (2)  In this section--
    (a)  competent authority" has the same meaning as in section 147 above,
    (b)  relevant structure" means a stile, gate or other structure which--
          (i)  is authorised by a condition or limitation subject to which the public right of way over the footpath or bridleway was created, or
          (ii)  is authorised under section 147 above,
 
 but does not include a structure to which an agreement falling within section 146(5)(b) above relates, and 
  
    (c)  qualifying works", in relation to a relevant structure, means works for replacing or improving the structure which will result in a structure that is safer or more convenient for persons with mobility problems.
    (3)  An agreement under this section may include such conditions as the competent authority think fit.
 
    (4)  Those conditions may in particular include conditions expressed to have enduring effect--
    (a)  for the maintenance of the structure as replaced or improved, and
    (b)  for enabling the public right of way to be exercised without undue inconvenience to the public.
    (5)  Where an agreement under this section has been entered into in relation to any structure--
    (a)  the public right of way is to be deemed to be subject to a condition that the structure as replaced or improved may be erected and maintained in accordance with the agreement so long as any conditions included by virtue of subsection (4) above are complied with,
    (b)  in a case falling within subsection (2)(b)(i) above, the previous condition or limitation relating to the relevant structure shall cease to have effect, and
    (c)  in a case falling within subsection (2)(b)(ii) above, the previous authorisation under section 147 above shall cease to have effect in relation to the relevant structure.
    (6)  For the purposes of section 143 above, any stile, gate or other structure replaced or improved in pursuance of an agreement under this section is to be deemed to be erected under this section only if any conditions included by virtue of subsection (4) above are complied with.
 
    (7)  A competent authority may not enter into an agreement under this section except with the consent of every owner, lessee or occupier of the land on which the relevant structure is situated who is not a party to the agreement.
 
    (8)  The Secretary of State may issue guidance to competent authorities as to matters to be taken into account for the purposes of this section; and in exercising their powers under this section competent authorities shall have regard to any such guidance issued to them."
 
     (3)  In section 146 of the 1980 Act (duty to maintain stiles etc. on footpaths and bridleways) in subsection (5), before the word "or" at the end of paragraph (a) there is inserted--
      (aa)  if any conditions for the maintenance of the structure imposed by virtue of subsection (4) of section 147ZA below are for the time being in force under that section,".)
 
  
After Clause 65
 
  
BY THE LORD WHITTY
 
451     Insert the following new Clause-- 
     ("  .--(1)  In this Part--
    (a)  restricted byway" and "restricted byway rights" have the meaning given by section 44(4);
    (b)  expressions which are defined for the purposes of Part III of the 1981 Act by section 66(1) of that Act have the same meaning as in that Part.
    (2)  In this Part any reference to a highway includes a reference to part of a highway.")
Interpretation of Part II.
 
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