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

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Clause 62
 
  
BY THE LORD WHITTY
 
443     Page 40, line 31, after third ("road,") insert ("a GLA road,") 
  
After Clause 62
 
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
 
443A     Insert the following new Clause--
 
    ("  .--(1)  In section 1 of the Road Traffic Regulation Act 1984 (traffic regulation orders outside Greater London), after subsection (1)(f) there is inserted--
    (g)  for facilitating the use of pedal cycles on bridleways, subject to the publishing of statutory notices and the agreement of the access authority".
    (2)  In section 31 of the Road Traffic Act 1988--
    (a)  after subsection (1)(b) there is inserted ", and
      (c)  is accompanied by a road traffic regulation order if conducted on a bridleway,"; and
    (b)  in subsection (2) the words "other than a bridleway" are omitted.
    (3)  Any right of way enjoyed on a cycle track by the public on pedal cycles shall be enjoyed by the public on horseback.
 
    (4)  The provisions of section 31 of the Road Traffic Act 1988 as amended by subsection (2) above shall apply to a race or trial of speed between horses or horses and cycles on any track as defined by section 1 of the Cycle Tracks Act 1984.")
Use of pedal cycles on bridleways and horses on cycle tracks.
  
Clause 63
 
444     [Withdrawn] 
  
Schedule 7
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
THE LORD LUKE
 
444A     Page 89, line 21, at end insert--
 
    ("  .--(1)  Section 33 of that Act is amended as follows.
 
    (2)  In subsection (1), for "or bridleway" there is substituted ", bridleway or restricted byway".
 
    (3)  In subsection (4), for "or bridleway" there is substituted ", bridleway or restricted byway".
 
    (4)  After subsection (5) there is inserted--
        (6)  In this section "restricted byway" has the same meaning as in Part II of the Countryside and Rights of Way Act 2000.".")
 
  
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 BYFORD
THE LORD GLENTORAN
THE LORD LUKE
 
446A     Page 89, line 34, at end insert ("and have no further highway rights") 
  
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 BARONESS BYFORD
THE LORD GLENTORAN
THE LORD LUKE
 
448A     Page 89, line 35, leave out ("prima facie evidence is adduced") and insert ("proved") 
449     [Withdrawn] 
  
BY THE LORD WHITTY
 
449A     Page 90, line 12, leave out from ("byway"") to end of line 13 and insert ("means a way over which the public have restricted byway rights within the meaning of Part II of the Countryside and Rights of Way Act 2000, with or without a right to drive animals of any description along the way, but no other rights of way.") 
  
Clause 64
 
  
BY THE LORD WHITTY
 
450     [Withdrawn] 
450A     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, as from the effective date 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, as from the effective date the previous authorisation under section 147 above shall cease to have effect in relation to the relevant structure.
    (6)  In subsection (5) above "the effective date" means--
    (a)  the first anniversary of the day on which the agreement was entered into, or
    (b)  such earlier date as may be specified for the purposes of this subsection in the agreement.
    (7)  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.
 
    (8)  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.
 
    (9)  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.
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
 
451A     Insert the following new Clause--
 
    ("  .  It shall be a principal aim of the Nature Conservancy Council in discharging its functions of protecting and enhancing biodiversity and physiographic features also to make such contribution to sustainable development as is required by guidance issued by Ministers from time to time.")
Enhancing sustainable development.
  
Before Clause 66
 
  
BY THE LORD WHITTY
 
452     Insert the following new Clause-- 
 ("The Nature Conservancy Council for England 
     .--(1)  The Nature Conservancy Council for England shall be known instead as English Nature.
 
    (2)  For any reference to the Nature Conservancy Council for England--
    (a)  in any provision of a local Act or subordinate legislation, or
    (b)  in any other instrument or document,
there is substituted, as respects any time after the commencement of subsection (1), a reference to English Nature.
 
    (3)  Any reference to English Nature in this Act (apart from this section), or in any instrument under this Act, shall be construed, in relation to any time before the commencement of subsection (1), as a reference to the Nature Conservancy Council for England.
 
    (4)  Schedule (Amendments consequential on change of name of Nature Conservancy Council for England) (which makes amendments consequential on subsection (1)) has effect.")
The Nature Conservancy Council for England: change of name.
  
BY THE LORD RENTON OF MOUNT HARRY
 
453     Insert the following new Clause--
 
    ("  . After section 87 of the National Parks and Access to the Countryside Act 1949 there is inserted--
 
 Duty of certain bodies and persons to have regard to conservation and enhancement of areas of outstanding natural beauty.     87A.--(1)  In exercising or performing any functions in relation to, or so as to affect, land in an area of outstanding natural beauty, any relevant authority shall have regard to the need to conserve and enhance the natural beauty of that area.
 
    (2)  For the purposes of this section "relevant authority" means--
    (a)  any Minister of the Crown,
    (b)  any public body,
    (c)  any statutory undertaker, or
    (d)  any person holding public office.
    (3)  In subsection (2)--
    public body" includes--
          (a)  any local authority as defined in section 11A(6),
          (b)  any joint planning board within the meaning of section 2 of the Town and Country Planning Act 1990, and
          (c)  any joint committee appointed under section 102(1)(b) of the Local Government Act 1972;
    public office" has the meaning given in section 11A(4)."")
Duty of certain bodies and persons to have regard to conservation and enhancement of areas of outstanding natural beauty.
  
Clause 66
 
  
BY THE LORD WHITTY
 
454     Page 41, line 38, at end insert--
 
    ("(  ) A notification under section 23 of the National Parks and Access to the Countryside Act 1949 (notification to local planning authorities of areas of special scientific interest) which by virtue of section 28(13) of the 1981 Act as originally enacted had effect as if given under section 28(1)(a) of that Act, shall cease to have effect.")
12, 13 & 14 Geo. 6, c.97.
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
455     Page 42, line 5, leave out subsection (3) 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
THE LORD LUKE
 
455A     Page 42, line 17, leave out ("physiographical") and insert ("geomorphological") 
455B     Page 42, line 26, leave out ("physiographical") and insert ("geomorphological") 
  
BY THE LORD WHITTY
 
456     Page 42, line 32, leave out ("the Nature Conservancy Council for England") and insert ("English Nature") 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
THE LORD LUKE
 
456A     Page 42, line 33, leave out ("Council") and insert ("Countryside Council for Wales") 
  
Before Schedule 8
 
  
BY THE LORD WHITTY
 
457     [Withdrawn] 
457A     Insert the following new Schedule-- 
 ("SCHEDULE 
 AMENDMENTS CONSEQUENTIAL ON CHANGE OF NAME OF

Nature Conservancy Council for England

 
     1.  In each provision specified in relation to each of the Acts set out below, for "the Nature Conservancy Council for England" or, as the case may be, "Nature Conservancy Council for England" there is substituted "English Nature"-- 
 
    (a)  the National Parks and Access to the Countryside Act 1949: section 15A (meaning of "Nature Conservancy Council");
12, 13 & 14 Geo. 6, c.97.
 
    (b)  the Sea Fisheries Regulation Act 1966: in section 5A (byelaws under section 5 for marine environmental purposes), subsection (3)(a);
1966 c. 38.
 
    (c)  the Countryside Act 1968--
          (i)  in section 15 (areas of special scientific interest), subsection (6A), and
          (ii)  section 37 (protection for interests in countryside);
1968 c. 41.
 
    (d)  the Conservation of Seals Act 1970: in section 10 (power to grant licences to kill or take seals), subsection (5);
1970 c. 30.
 
    (e)  the Import of Live Fish (England and Wales) Act 1980: in section 1 (power to limit the import etc. of fish and fish eggs), subsection (2);
1980 c. 27.
 
    (f)  the Highways Act 1980: in section 105B (procedure relating to environmental impact assessments), in subsection (8), paragraph (b) of the definition of "the consultation bodies";
1980 c. 66.
 
    (g)  the Animal Health Act 1981: in section 21 (destruction of wild life on infection other than rabies), subsection (9);
1981 c. 22.
 
    (h)  the Wildlife and Countryside Act 1981--
          (i)  in section 27 (interpretation of Part I), subsection (3A),
          (ii)  in section 27A (construction of references to Nature Conservancy Council), paragraph (a), and
          (iii)  in section 52 (interpretation of Part II), subsection (1);
1981 c. 69.
 
    (i)  the Inheritance Tax Act 1984: Schedule 3 (bodies receiving gifts for national purposes etc.);
1984 c. 51.
 
    (j)  the Agriculture Act 1986: in section 18 (designation and management of environmentally sensitive areas), subsection (2)(a);
1986 c. 49.
 
    (k)  the Channel Tunnel Act 1987--
          (i)  in Schedule 2, Part II (regulation of scheduled works), paragraph 5(3), and
          (ii)  in Schedule 3 (planning permission), paragraph 17(4)(a);
1987 c. 53.
 
    (l)  the Norfolk and Suffolk Broads Act 1988--
          (i)  in section 1 (the Broads Authority), subsection (3)(b),
          (ii)  in section 4 (conservation of areas of natural beauty), subsections (3)(a) and (5)(a),
          (iii)  in section 5 (notification of certain operations within the Broads), subsection (4), and
          (iv)  in Schedule 3 (functions of Broads Authority), paragraph 33(1)(c);
1988 c. 4.
 
    (m)  the Electricity Act 1989: in Schedule 9 (preservation of amenities and fisheries), paragraph 2(2)(a);
1989 c. 29.
 
    (n)  the Environmental Protection Act 1990--
          (i)  in section 36 (grant of waste management licences), subsection (7), and
          (ii)  in section 128 (creation and constitution of the Nature Conservancy Council for England and the Countryside Council for Wales), subsections (1) and (2)(a);
1990 c. 43.
 
    (o)  the Deer Act 1991: in section 8 (licences for exemptions from sections 2 to 4 of the Act), subsections (1) and (4);
1991 c. 54.
 
    (p)  the Water Industry Act 1991--
          (i)  in section 4 (environmental duties with respect to sites of special interest), subsections (1) and (4),
          (ii)  in section 5 (codes of practice with respect to environmental and recreational duties), subsection (4)(b), and
          (iii)  in section 156 (restrictions on disposals of land), subsection (4)(c)(i);
1991 c. 56.
 
    (q)  the Land Drainage Act 1991--
          (i)  in section 61C (duties with respect to sites of special scientific interest), subsections (1) and (4), and
          (ii)  in section 61E (codes of practice), subsection (4)(b);
1991 c. 59.
 
    (r)  the Transport and Works Act 1992: in section 6 (applications for orders relating to railways, tramways, inland waterways, etc.), subsection (7)(e);
1992 c. 42.
 
    (s)  the Protection of Badgers Act 1992: in section 10 (licences to do otherwise prohibited acts relating to badgers), subsection (4)(a);
1992 c. 51.
 
    (t)  the Environment Act 1995--
          (i)  in section 8 (environmental duties with respect to sites of special interest), subsections (1) and (4),
          (ii)  in section 9 (codes of practice with respect to environmental and recreational duties), subsection (3)(b),
          (iii)  in section 66 (national park management plans), subsection (7)(a), and
          (iv)  in section 99 (consultation required before making or modifying certain subordinate legislation for England), subsection (2)(c);
1995 c. 25.
 
    (u)  the Channel Tunnel Rail Link Act 1996--
          (i)  in Schedule 6 (planning conditions), paragraph 27(4), and
          (ii)  in Schedule 14 (overhead lines: consent), paragraph 7(4); and
1996 c. 61.
 
    (v)  the Greater London Authority Act 1999: in section 352 (the Mayor's biodiversity action plan), subsection (3)(a).
    2.  In the following enactments, the entry for the Nature Conservancy Council for England is omitted, and in the appropriate place there is inserted "English Nature"--
1999 c. 29.
 
    (a)  the Public Records Act 1958: in Schedule 1 (definition of public records), Part II of the Table in paragraph 3;
6 & 7 Eliz. 2,
c. 51.
 
    (b)  the Superannuation Act 1965: in section 39 (meaning of "public office"), paragraph 7 of subsection (1); and
1965 c. 74.
 
    (c)  the Parliamentary Commissioner Act 1967: Schedule 2 (departments etc. subject to investigation).
1967 c. 13.
     3.  In Part III of Schedule 1 to the House of Commons Disqualification Act 1975 (which sets out offices the holders of which are disqualified from membership of the House of Commons), the entry for "Any member of the Nature Conservancy Council for England or the Countryside Council for Wales in receipt of remuneration" is omitted, and in the appropriate places there are inserted the following two entries--
    Any member of the Countryside Council for Wales in receipt of remuneration."
    Any member of English Nature in receipt of remuneration.".")
1975 c. 24.
 
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