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

back to previous amendments
 
  
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.
  
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") 
  
After Clause 50
 
  
BY THE BARONESS BYFORD
 
360A     Insert the following new Clause-- 
     ("  .--(1)  Any public vehicular rights that exist over a way that--
    (a)  does not appear on the definitive map as a byway open to all traffic; or
    (b)  has not been used by the public at large with vehicles at any point between the commencement of this Part of this Act and the cut-off date,
shall be extinguished.
 
    (2)  Any owner or lessee of premises adjoining or adjacent to the way shall, so far as is necessary for the reasonable enjoyment and occupation of the premises, have a right of way for vehicular and all other kinds of traffic over the way.")
Vehicular rights.
  
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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