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

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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,")
 
  
BY THE BARONESS SCOTT OF NEEDHAM MARKET
THE BARONESS MILLER OF CHILTHORNE DOMER
 
322A     Page 56, line 51, at end insert-- 
 ("Deletion of rights of way from definitive maps after the cut-off date.     54B.--(1)  No order under this Part shall, after the cut-off date, be made under section 53(3)(c)(iii) so as to modify a definitive map and statement by the deletion of any way shown in the map and statement as a highway of any description at the cut-off date.
 
    (2)  In this section "the cut-off date" means, subject to regulations under subsection (3), 1st January 2026.
 
    (3)  The Secretary of State may make regulations--
 
  
    (a)  substituting as the cut-off date later than the date specified in subsection (2) or for the time being substituted under this paragraph;
 
  
    (b)  containing such transitional provisions or savings as appear to the Secretary of State to be necessary or expedient in connection with the operation of subsection (1), including in particular its operation in relation to--
 
 (i)  an order under section 53(2) for which on the cut-off date an application is pending,
(ii)  an order under this Part which on that date has been made but not confirmed,
(iii)  an order under this Part relating to any way as respects which such an order, or any provision of such an order, has after that date been to any extent quashed.
 
     (4)  Regulations under subsection (3)(a)-- 
  
    (a)  may specify different dates for different areas; but
 
  
    (b)  may not specify a date later than 1st January 2031, except as respects an area within subsection (5).
    (5)  An area is within this subsection if it is in--
 
  
    (a)  the Isles of Scilly, or
 
  
    (b)  an area which, at any time before the repeal by section 73 of this Act of sections 27 to 34 of the 1949 Act--
 
 (i)  was excluded from the operation of those sections by virtue of any provision of the 1949 Act, or
(ii)  would have been so excluded but for a resolution having effect under section 35(2) of that Act.
 
     (6)  Where by virtue of regulations under subsection (3) there are different cut-off dates for areas into which different parts of any way extend, the cut-off date in relation to that way is the later or latest of those dates.
 
    (7)  Where it appears to the Secretary of State that any provision of this Part can by virtue of subsection (1) have no further application he may by order make such amendments or repeals in this Part as appear to him to be, in consequence, necessary or expedient.
 
    (8)  An order or regulations under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.")
 
  
BY THE LORD WHITTY
 
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--
 
 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."") 
  
BY THE BARONESS BYFORD
 
335A*     Page 60, line 15, at end insert--
 
    ("  .  In section 31(6) of the Highways Act 1980 (dedication of way as a highway presumed after public use of 20 years)--
    (a)  for "a statement indicating" there is substituted "a statutory declaration indicating";
    (b)  after "been dedicated as highways" there is inserted "and to the effect that he has no intention of dedicating any additional way over the land as a highway";
    (c)  for ", in any case in which such a deposit has been made, statutory declarations made by that owner or by his successors in title and lodged by him or them with the appropriate council at any time--
          (i)  within six years from the date of the deposit, or
          (ii)  within six years from the date on which any previous declaration was last lodged under this section, to the effect that no additional way (other than any specifically indicated in the declaration) over the land delineated on the said map has been dedicated as a highway since the date of the deposit, or since the date of the lodgment of such previous declaration, as the case may be, are," there is substituted "such a deposit is,".
    (d)  or his successors in title" is omitted.
    After section 31(6) of the 1980 Act there is inserted--
 
    (6A)  Every surveying authority shall keep, in such a manner as may be prescribed, a register containing such information as may be prescribed with respect to deposits lodged under section 31(6).
 
    (6B)  The register shall contain such information as may be prescribed with respect to the manner in which such deposits have been lodged and dealt with.
 
    (6C)  Regulations may make provision for a specified part of the register to contain copies of deposits.
 
    (6D)  Every register kept under this section shall be available for inspection free of charge at all reasonable hours.
 
    (6E)  In this section--
    prescribed" means prescribed by regulations;
    regulations" means regulations made by the Secretary of State by statutory instrument;
and a statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament."")
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
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 BARONESS BYFORD
 
337A*     Page 60, line 18, at end insert--
 
    ("  .  In subsection 147(1) of the 1980 Act (power to authorise erection of stiles on footpath or bridleway)--
    (a)  for "agricultural land, or of land which is being brought into use for agriculture" there is substituted "land";
    (b)  for "land for agriculture" there is substituted "land";
    (c)  after "shall be efficiently carried on," there is inserted "or for preventing the unlawful use of the path or way,"; and
    (d)  for preventing the ingress or egress of animals" is omitted.
    .  Subsection 147(5) of the 1980 Act is omitted.
 
    .  After subsection 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) 
  
After Clause 49
 
  
BY THE BARONESS SCOTT OF NEEDHAM MARKET
THE BARONESS MILLER OF CHILTHORNE DOMER
 
357A     Insert the following new Clause-- 
     ("  .--(1)  If there is evidence that enjoyment by the public of a way during a period ending after 1st January 1949 raised a presumption that the way had been dedicated as a public path, then, for the purposes of section 49(1) above, the way shall be deemed not to have existed on 1st January 1949.
 
    (2)  For the purpose of section 31 of the Highways Act 1980, the date on which the right of the public to use a way the subject of an application under section 53(5) of the Wildlife and Countryside Act 1981 is brought into question shall be the date on which the application is made unless it can be shown that the right of the public to use the way was brought into question on an earlier date.")
Determination of existence of footpath or bridleway on 1st January 1949.
 
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