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Amendments to the Countryside and Rights of Way Bill

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

Here you can browse the Fourth Marshalled List of Amendments to the Countryside and Rights of Way Bill to be moved in Committee in the House of Lords.

 The amendments have been marshalled in accordance with the instruction of 30th June 2000, as follows-- 
 Clauses 39 to 42
Schedule 4
Clauses 43 to 47
Schedule 5
Clauses 48 to 53
Schedule 6
Clauses 54 to 63
Schedule 7
Clauses 64 to 66
Schedule 8
Clause 67
Schedule 9
Clauses 68 to 71
Schedule 10
Clauses 72 to 76
Schedule 11
Clauses 77 and 78
 
 [Amendments marked * are new or have been altered] 
Amendment
No.
 
  
After Clause 38
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
301     Insert the following new Clause-- 
     ("  .--(1)  Every access authority shall, within five years after the commencement of this section prepare and publish a plan, to be known as an access land management strategy, containing--Access land management strategy.
 
    (a)  the authority's assessment of the adequacy of the provision made in relation to each of the matters specified in subsection (2) and of any need for changes in that provision,
    (b)  a statement of the action they propose to take for the management of access land in their area, and for securing that any such land is managed without detriment to that land or any person interested in that land, and
    (c)  such other material as the Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales) may direct.
    (2)  The matters referred to in subsection (1)(a) are--
    (a)  fire management,
    (b)  byelaws,
    (c)  access points,
    (d)  warden services,
    (e)  regimes for closures and restrictions,
    (f)  the statutory map of access land,
    (g)  signs, notices and other forms of information provided in relation to access land,
    (h)  public transport services in relation to access land,
    (i)  any other matters that may be specified in regulations.")
 
  
BY THE LORD BRITTAN OF SPENNITHORNE
 
302     Insert the following new Clause-- 
     (".--(1)  Any person with an interest in land shall be entitled to be indemnified for any additional costs and expenses reasonably incurred as a result of the right conferred by section 2(1), or for any increased liability or loss arising therefrom.
 
    (2)  Regulations shall make provision for the form and procedure by which such amounts may be recovered.")
Indemnity for costs arising from the right of access.
303     Insert the following new Clause-- 
     (".--(1)  Where an owner or a person with an interest in land proves that he has suffered a diminution in the value of his land or interest therein due to the right conferred by section 2(1), he shall be entitled to claim compensation in the same manner and on the same basis as provided under sections 70 to 72 of the National Parks and Access to the Countryside Act 1949 ("the 1949 Act") in relation to land over which an access order has been made under Part V of that Act.
 
    (2)  Regulations may be made as under section 70 of the 1949 Act.")
Compensation for diminution in value of land.
  
BY THE EARL PEEL
 
304     Insert the following new Clause-- 
     ("  .  In exercising any function under Part I of this Act in relation to any access land, any access authority, the appropriate countryside body, the Secretary of State and the National Assembly for Wales shall be under a duty to give precedence to the conservation of the flora, fauna, geological or physiographical features, and any scheduled ancient monument, on the land.")General duty to give precedence to conservation.
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
THE LORD LUKE
 
304A*     Insert the following new Clause-- 
     ("  .  Schedule (Constitution of the Agricultural Land Tribunal) shall have effect.")Constitution of the Agricultural Land Tribunal.
  
Clause 41
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
305     Page 25, leave out lines 18 to 21 and insert--
    (""livestock" includes cattle, horses, equines, asses, mules, hinnies, sheep, pigs, goats and poultry, and deer not in the wild state, and also while in captivity or while on access land as defined in section 1, pheasants, partridges and grouse;")
 
  
BY THE LORD WHITTY
 
306     Page 25, line 19, leave out ("sub-paragraph") and insert ("definition") 
  
Before Schedule 4
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
THE LORD LUKE
 
306A*     Insert the following new Schedule-- 
 ("SCHEDULE 
 CONSTITUTION OF THE AGRICULTURAL LAND TRIBUNAl 
     1.  Schedule 9 of the Agriculture Act 1947 is amended as follows.
 
    2.--(1)  For paragraph 15(1) there is substituted--
        (1)  The Lord Chancellor shall draw up for each Agricultural Land Tribunal, and from time to time revise--
      (a)  a panel of persons appearing to him to represent the interests of farmers ("the farmers panel");
      (b)  a panel of persons appearing to him to represent the interests of owners of agricultural land and open country ("the owners panel"); and
      (c)  a panel of persons appearing to him to represent the interests of users of access rights ("the access panel").
    (2)  In paragraph 15(1A) for the word "either" there is substituted "any".
 
    (3)  In paragraph 15(2)--
    (a)  for the word "either" there is substituted "a", and
    (b)  for the words "or of owners of agricultural land" there is substituted ", owners of agricultural land or users of access rights".
    (4)  In paragraph 15(3) for the word "either" there is substituted "any".
 
    (5)  After paragraph 15(3) there is inserted--
        (4)  The Lord Chancellor shall draw up, and from time to time revise, a panel of persons appearing to him to be expert in matters of ecology, land management, nature conservation or heritage protection ("the access assessors panel").
    3.--(1)  In paragraph 16(1)--
    (a)  after the word "thereto" there is inserted ", other than an appeal under Part I of the Countryside and Rights of Way Act 2000,",
    (b)  for the words "each of the panels" there is substituted "the farmers panel and one person from the owners panel"
    (2)  In paragraph 16(2) after "application" there is inserted ", appeal".
 
    (3)  In paragraph 16(3) at the beginning there is inserted "Subject to sub-paragraph (4)".
 
    (4)  After paragraph 16(3) there is inserted--
        (4)  In respect of an appeal under Part I of the Countryside and Rights of Way Act 2000, the assessors shall be selected by the chairman from the access assessors panel."
    4.  After paragraph 16 there is inserted--
        16AA.--(1)  For each hearing by an Agricultural Land Tribunal of an appeal under Part I of the Countryside and Rights of Way Act 2000 the members of the Tribunal shall be--
      (a)  the chairman, or a person nominated by the chairman either from the panel of deputy-chairmen (whether for that Tribunal or for any other Agricultural Land Tribunal) or from among the chairmen of other Agricultural Land Tribunals,
      (b)  one person nominated by the chairman from either the farmers panel or the owners panel for that Tribunal or from the corresponding panels for any other Agricultural Land Tribunal, and
      (c)  one person nominated by the chairman from the access panel for that Tribunal or from the corresponding panel for any other Agricultural Land Tribunal."")
 
  
Schedule 4
 
  
BY THE BARONESS BYFORD
THE EARL PEEL
THE LORD GLENTORAN
 
307     Page 53, line 7, at end insert-- 
 ("DOGS (PROTECTION OF LIVESTOCK) ACT 1953 (C.28) 
 
        .  In section 1(2)(c) of the Dogs (Protection of Livestock) Act 1953 (penalty where dog worries livestock on agricultural land), for the words "(that is to say not on a lead or otherwise under close control) in a field where there are sheep" there is substituted "(that is to say not on a lead) in a field or enclosure where there is livestock".")
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
308     Page 53, line 7, at end insert-- 
 ("DOGS (PROTECTION OF LIVESTOCK) ACT 1953 (C. 28) 
 
        .  Section 3(1) of the Dogs (Protection of Livestock) Act 1953 is amended as follows--
      (a)  for the definition of "agricultural land" there is substituted "agricultural land" means land used as arable, meadow or grazing land, or for the purpose of poultry farming, pig farming, market gardens, allotments, nursery grounds or orchards, and access land as defined in section 1 of the Countryside and Rights of Way Act 2000;
      (b)  for the definition of "livestock" there is substituted "livestock" includes cattle, horses, equines, asses, mules, hinnies, sheep, pigs, goats and poultry, and deer not in the wild state, and also while in captivity or while on access land as defined in section 1 of the Countryside and Rights of Way Act 2000, pheasants, partridges and grouse.")
 
309     Page 53, line 11, at end insert-- 
 ("ANIMALS ACT 1971 (C. 22) 
 
        .  In section 11 of the Animals Act 1971, for the definition of livestock there is substituted--
      livestock" includes cattle, horses, equines, asses, mules, hinnies, sheep, pigs, goats and poultry, and deer not in the wild state, and also while in captivity or while on access land as defined in section 1 of the Countryside and Rights of Way Act 2000, pheasants, partridges and grouse.")
 
310     Page 53, line 26, at end insert-- 
 ("DOGS (FOULING OF LAND) ACT 1996 (C. 20) 
 
        .  In section 1(3) of the Dogs (Fouling of Land) Act 1996 (excluded land), after "following descriptions" there is inserted "except, where the local authority considers it both necessary and expedient, in the interests of land management or public safety, land of the following descriptions which is "access land" within the meaning of the Countryside and Rights of Way Act 2000".")
 
  
Clause 43
 
  
BY THE LORD WHITTY
 
311     Page 26, line 29, leave out subsection (3) 
  
Clause 44
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
312     Page 27, line 3, at end insert ("or only a public right of way on foot") 
  
BY THE LORD WHITTY
 
313     Page 27, line 12, at end insert--
 
    ("(  )  A highway at the side of a river, canal or other inland navigation is not excluded from the definition of "restricted byway" in subsection (4) merely because the public have a right to use the highway for purposes of navigation, if the highway would fall within that definition if the public had no such right over it.")
 
  
BY THE LORD WILLIAMS OF ELVEL
THE EARL PEEL
 
314     Page 27, line 13, leave out subsection (5) 
  
BY THE LORD WHITTY
 
315     Page 27, line 14, leave out from first ("way") to end of line 15 and insert (", in addition to restricted byway rights, a right of way for mechanically propelled vehicles or any other right.") 
  
BY THE LORD WILLIAMS OF ELVEL
THE EARL PEEL
 
316     Page 27, line 16, leave out ("subsections (4) and (5)") and insert ("subsection (4)") 
  
BY THE LORD WHITTY
 
317     Page 27, line 19, leave out from ("authority") to ("shall") in line 20 
318     Page 27, line 23, leave out ("(3)") and insert ("(4)") 
319     Page 27, line 36, leave out subsection (9) 
  
Clause 45
 
  
BY THE LORD WHITTY
 
320     Page 27, line 39, leave out from ("have") to ("shall") in line 40 and insert ("a right of way for mechanically propelled vehicles or any other right)") 
 
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Prepared 6 October 2000