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

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Schedule 6
 
  
BY THE LORD WHITTY
 
     Page 61, line 8, at end insert--
 
    ("(3)  In this section, "agriculture" includes the breeding or keeping of horses."")
 
     Page 63, line 17, leave out ("opposed") and insert ("unopposed") 
     Page 63, line 39, leave out ("opposed") and insert ("unopposed") 
     Page 64, line 28, leave out ("In") 
     Page 64, line 28, after ("bridleways)") insert ("is amended as follows.
 
    (2)  In subsection (1)(b), for "so specified" there is substituted "specified in the order or determined".
 
    (3)  For subsection (3), there is substituted--
        (3)  Where it appears to the council that work requires to be done to bring the new site of the footpath or bridleway into a fit condition for use by the public, the council shall--
      (a)  specify a date under subsection (1)(a) above, and
      (b)  provide that so much of the order as extinguishes (in accordance with subsection (1)(b) above) a public right of way is not to come into force until the local highway authority for the new path or way certify that the work has been carried out.".
    (4)")
 
     Page 66, line 10, at end insert--
 
    ("  .--(1)  Section 119A (diversion of footpaths and bridleways crossing railways) is amended as follows.
 
    (2)  In subsection (2)(b), for "so specified" there is substituted "specified in the order or determined under subsection (7) below".
 
    (3)  For subsection (7) there is substituted--
        (7)  Where it appears to the council that work requires to be done to bring the new site of the footpath or bridleway into a fit condition for use by the public, the council shall--
      (a)  specify a date under subsection (2)(a) above, and
      (b)  provide that so much of the order as extinguishes (in accordance with subsection (2)(b) above) a public right of way is not to come into force until the local highway authority for the new path or way certify that the work has been carried out.".")
 
     Page 67, line 14, leave out ("so specified") and insert ("specified in the order or determined") 
     Page 67, line 17, leave out ("authority") and insert ("council") 
     Page 67, leave out lines 30 to 36 and insert--
 
    ("(8)  Where it appears to the council that work requires to be done to bring the new site of the highway into a fit condition for use by the public, the council shall--
    (a)  specify a date under subsection (4)(a) above, and
    (b)  provide that so much of the order as extinguishes (in accordance with subsection (4)(b) above) a public right of way is not to come into force until the local highway authority for the new highway certify that the work has been carried out.")
 
     Page 67, line 44, leave out ("opposed") and insert ("unopposed") 
     Page 68, line 13, leave out ("opposed") and insert ("unopposed") 
     Page 69, line 8, leave out from ("carriage-way") to end of line 11 
     Page 70, line 40, leave out ("so specified") and insert ("specified in the order or determined") 
     Page 70, line 53, leave out from beginning to end of line 5 on page 71 and insert--
 
    ("(6)  Where it appears to the council that work requires to be done to bring the new site of the highway into a fit condition for use by the public, the council shall--
    (a)  specify a date under subsection (3)(a) above, and
    (b)  provide that so much of the order as extinguishes (in accordance with subsection (3)(b) above) a public right of way is not to come into force until the local highway authority for the new highway certify that the work has been carried out.")
 
     Page 73, line 20, leave out from ("carriage-way") to end of line 23 
     Page 73, line 31, after ("1") insert ("or 6") 
     Page 73, line 48, leave out from beginning to end of line 2 on page 74 and insert--
    ("(a)  after "or diverted" there is inserted "or where it appears to the Secretary of State as respects a relevant highway as defined by section 118B(2), 119B(2) or 119D(2) that it is expedient as mentioned in section 118B(1)(a) or (b), 119B(1)(a) or (b) or 119D(1)(b) that the highway should be stopped up or diverted",")
 
     Page 74, line 25, leave out ("countryside") and insert ("conservation") 
     Page 75, line 6, leave out ("may be") and insert ("are") 
     Page 79, line 10, leave out ("subsection (5) of section 119") and insert ("section 119(5)") 
     Page 79, line 12, leave out ("that subsection as applied by") 
     Page 79, line 48, leave out from ("public") to end of line 50 
     Page 81, line 16, leave out from ("of") to ("on") in line 17 and insert ("subsection (2) of section 118ZA above (or that subsection as applied by section 118C(2) above)") 
     Page 81, line 26, leave out from ("of") to ("on") in line 27 and insert ("subsection (4) of section 119ZA above (or that subsection as applied by section 119C(4) above)") 
     Page 83, line 40, at end insert ("and
    (b)  in subsection (2)(b), after "17" there is inserted "or 118B(1)(a)".")
 
  
Clause 54
 
  
BY THE LORD WHITTY
 
     Page 33, line 38, leave out from ("any") to end of line 39 and insert ("local highway authority whose area includes land over which the proposed footpath or bridleway would be created.") 
  
Clause 55
 
  
BY THE LORD WHITTY
 
     Page 34, leave out line 27 
  
Clause 56
 
  
BY THE LORD WHITTY
 
     Page 35, line 30, leave out subsection (7) 
  
Clause 57
 
  
BY THE LORD WHITTY
 
     Page 36, line 33, after ("section") insert--
    (""local highway authority" has the same meaning as in the 1980 Act;")
 
  
Clause 59
 
  
BY THE LORD WHITTY
 
     Page 37, leave out lines 26 to 31 and insert--
    ("(a)  it is or forms part of--
          (i)  a building (whether temporary or permanent) or works for the construction of a building, or
          (ii)  any other structure (including a tent, caravan, vehicle or other temporary or movable structure) which is designed, adapted or used for human habitation,")
 
     Page 37, line 35, at end insert--
 
    ("(4A)  A person serving a notice under subsection (1) above must include in the notice the name and address, if known to him, of any person who it appears to him may be for the time being responsible for the obstruction.")
 
     Page 37, line 37, leave out ("by any person") 
     Page 37, leave out lines 39 to 41 
     Page 37, line 42, at beginning insert ("on every person whose name and address is, pursuant to subsection (4A) above, included in the notice and,") 
     Page 37, line 42, after ("every") insert ("other") 
     Page 37, line 46, leave out ("it") and insert ("the obstruction") 
     Page 37, line 47, at end insert ("and
    (c)  on the person who served the notice under subsection (1) above, a notice containing the name and address of each person on whom notice is served under paragraph (b) above and stating what, if any, action the authority propose to take in relation to the obstruction.")
 
     Page 38, line 1, leave out from ("of") to ("may") in line 3 and insert ("this section the persons for the time being responsible for an obstruction include the owner and any other person who for the time being--
    (a)  has possession or control of it, or
    (b)")  
 
     Page 38, leave out lines 22 to 31 and insert ("apply to a magistrates' court in accordance with section 130C below for an order under this section.") 
     Page 38, line 35, at end insert--
 
    ("(  )  An order under this section shall not take effect--
    (a)  until the end of the period of twenty-one days from the day on which the order is made; or
    (b)  if an appeal is brought in respect of the order within that period (whether by way of appeal to the Crown Court or by way of case stated for the opinion of the High Court), until the final determination or withdrawal of the appeal.")
 
     Page 38, line 39, at end insert ("or, in a case falling within subsection (4)(a)(ii) of that section, is one to which that section would apply but for the obstruction having become used for human habitation since service of the notice relating to it under subsection (1) of that section,") 
     Page 39, leave out lines 9 to 16 
     Page 39, line 16, at end insert--
 
    ("(6A)  A highway authority against whom an order is made under this section shall, as soon as practicable after the making of the order, cause notice of the order and of the right to appeal against it to be displayed in such manner and at such places on the highway concerned as may be prescribed by regulations made by the Secretary of State, and the notice shall be in such form and contain such information as may be so prescribed.")
 
     Page 39, line 18, at end insert--
("Section 130B: procedure. 130C.--(1)  A person proposing to make an application under section 130B above shall before making the application serve notice of his intention to do so on the highway authority concerned.
 
 
        (2)  A notice under subsection (1) above shall be in such form and contain such information as may be prescribed by regulations made by the Secretary of State.
        (3)  The notice may not be served before the end of two months beginning with the date of service on the highway authority of the notice under section 130A(1) above ("the request notice").
        (4)  An application in respect of which notice has been served under subsection (1) above may be made at any time--
      (a)  after the end of five days beginning with the date of service of that notice, and
      (b)  before the end of six months beginning with the date of service on the highway authority of the request notice.
        (5)  On making the application the applicant must give notice to the court of the names and addresses of which notice was given to the applicant under section 130A(5)(c) above.
        (6)  On the hearing of the application any person who is, within the meaning of section 130A above, a person for the time being responsible for the obstruction to which the application relates has a right to be heard as respects the matters mentioned in section 130B(4) above.
        (7)  Notice of the hearing, of the right to be heard under subsection (6) above and of the right to appeal against a decision on the application shall be given by the court to each person whose name and address is notified to the court under subsection (5) above.
Section 130B: costs. 130D.  Where an application under section 130B above is dismissed by virtue of paragraph (a), (b) or (c) of subsection (5) of that section, the court, in determining whether and if so how to exercise its power under section 64(1) of the Magistrates' Courts Act 1980 (costs), shall have particular regard to any failure by the highway authority to give the applicant appropriate notice of, and information about, the grounds relied on by the authority under that paragraph."
 
     (2)  In section 317 of the 1980 Act (appeals to the Crown Court from decisions of magistrates' courts) after subsection (2) there is inserted--
        (3)  Any person who, in relation to the decision of a magistrates' court on an application under section 130B above, does not fall within subsection (1) above but--
      (a)  is, within the meaning of section 130A above, a person for the time being responsible for the obstruction to which the application related, or
      (b)  when the application was heard, was such a person and was, or claimed to be, heard on the application,
    may appeal to the Crown Court against the decision on any ground relating to the matters mentioned in section 130B(4) above."  ")
 
  
Clause 62
 
  
BY THE LORD WHITTY
 
     Page 40, line 31, after third ("road,") insert ("a GLA road,") 
  
Clause 64
 
  
BY THE LORD WHITTY
 
     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, 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, the previous authorisation under section 147 above shall cease to have effect in relation to the relevant structure.
        (6)  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.
        (7)  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.
        (8)  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,".)
 
 
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