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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 Supplement (f) to the Revised Marshalled List of Amendments to the Countryside and Rights of Way Bill to be moved in Committee in the House of Lords.

  
Clause 44
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
     Page 27, line 3, at end insert ("or only a public right of way on foot") 
  
Schedule 5
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
     Page 60, line 15, at end insert--
 
    ("  .  After section 56 of the 1980 Act there is inserted--
 
 "Instance where order is not made.     56(A).  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."") 
     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."")
 
     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."")
 
  
Clause 52
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
     Page 32, line 32, leave out ("2026") and insert ("2016") 
     Page 32, leave out paragraph (a) 
  
Schedule 6
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
     Page 61, line 16, leave out from ("land") to ("may") in line 17 
     Page 62, line 26, leave out from ("authority") to ("the") in line 28 
     Page 63, line 3, leave out ("high levels of") 
     Page 63, line 5, leave out ("persistent") 
     Page 64, line 36, leave out from ("land") to ("may") in line 37 
     Page 66, line 15, leave out from ("authority") to ("the") in line 17 
     Page 66, line 49, leave out ("high levels of") 
     Page 66, line 51, leave out ("persistent") 
     Page 81, line 32, leave out ("of a prescribed description") and insert ("reasonably necessary for land management which") 
     Page 81, line 44, leave out ("five") and insert ("twenty-eight") 
  
Clause 56
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
     Page 34, line 42, at end insert--
    ("(  )  the extent to which local rights of way meet the present and likely future needs of agriculture, forestry and the breeding and keeping of horses,")
 
  
Clause 59
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
     Page 38, line 36, leave out ("subsection (5)") and insert ("subsections (5) and (5A)") 
     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.")
 
  
Schedule 7
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
     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") 
  
Before Clause 66
 
  
BY THE LORD RENTON
 
     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.
 "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)."")
 
  
Clause 66
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
     Page 42, line 33, at end insert--
 
    ("(4)  In section 17 of the National Parks and Access to the Countryside Act 1949 (compulsory acquisition of land by Conservancy for establishment of nature reserves), for the words "on terms appearing to them reasonable" there is substituted ", on reasonable terms,".")
 
  
Schedule 8
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
     Page 90, line 41, at end insert--
 
    ("(  )  In considering any representation or objection duly made, the Council may seek advice on any issue raised in such a representation or objection from any person (other than an employee of the Council) with relevant scientific expertise or experience.")
 
     Page 91, line 2, at end insert--
 
    ("(  )  In preparing a statement of its views about the management of the land under subsection (4), the Council shall consult every owner and occupier of the land and shall take into account the views expressed by every owner and occupier of the land.")
 
     Page 93, line 16, after second ("or") insert ("knowingly") 
     Page 95, line 22, after ("person") insert ("(being a person with expertise relevant to the management of land notified under section 28(1))") 
     Page 96, line 19, leave out ("operations likely to") and insert ("any operation specified in a notification made under section 28(1)(b) or which may") 
     Page 97, line 4, leave out ("operations likely to") and insert ("any operation specified in a notification made under section 28(1)(b) or which may") 
     Page 97, line 33, leave out (", if they think fit,") 
     Page 97, line 35, at end insert--
 
    ("(  )  In formulating a management scheme, the Council shall consult every owner and occupier of any of the land (or the part of it to which the scheme would relate) and take account of any views of any such owner or occupier on the management of the land.")
 
     Page 97, line 42, at end insert--
 
    ("(  )  A management scheme shall--
    (a)  describe the particular flora, fauna, or geological or physiographical features by reason of which the land to which the scheme relates is of special interest,
    (b)  set out the Council's views about the management needed to conserve that flora or fauna, or those features, taking account of any views offered by the owner or occupier of the land,
    (c)  state which, if any, of the operations specified in the notification given under section 28(1)(b) appears to the Council to be likely to damage that flora or fauna or those features,
    (d)  list those operations, if any, specified in the notification given under section 28(1)(b) to which the Council has given written consent under section 28C(3)(a).")
 
     Page 99, line 3, after ("agreement") insert ("under section 16 of the 1949 Act or section 15 of the 1968 Act") 
     Page 99, line 12, leave out ("appear to the Council to") 
     Page 99, line 26, after ("them") insert ("(excluding any amount previously offered by the Council under a management agreement under section 28I(2))") 
     Page 99, line 37, at end insert--
 
    ("(  )  An appeal under this section may include an appeal against any of the measures listed in a management scheme insofar as these are included in the management notice.")
 
     Page 101, line 30, after ("agreement") insert ("under section 16 of the 1949 Act or section 15 of the 1968 Act") 
     Page 101, leave out lines 40 to 42 and insert--
    ("(a)  themselves take steps to conserve the flora, fauna or geological or physiographical features in question; or
    (b)  dispose of the land on terms designed to secure that those flora, fauna or features are satisfactorily conserved.")
 
     Page 103, line 17, after ("operations") insert ("which are reasonable, practicable and necessary") 
  
After Clause 71
 
  
BY THE LORD RENTON
 
     Insert the following new Clause-- 
     ("  .--(1)  The appropriate national authority shall, in respect of every management plan which it receives, within six months publish a response setting out--
    (a)  the steps which the authority intends to take to further the objectives in that management plan; and
    (b)  the extent to which the policies of the authority may conflict with that management plan and the steps which the authority intends to take to resolve that conflict.
    (2)  In this section--
    "appropriate national authority" means--
          (a)  in relation to a national park or area of outstanding natural beauty in England, the Secretary of State or the Minister of Agriculture, Fisheries and Food; and
          (b)  in relation to a national park or area of outstanding natural beauty in Wales, the National Assembly for Wales.
    (3)  In this section--
    "management plan" means--
Publication of response to management plans.
 
          (a)  a National Park Management Plan published by a National Park authority in accordance with section 66 of the Environment Act 1995; or
          (b)  a management plan in respect of an area of outstanding natural beauty published by a conservation board or relevant local authority in accordance with section (management plans).")
1995 c. 25.
  
 
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Prepared 20 September 2000