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

Schedule 5
     Page 56, line 51, at end insert-- 
 ("Deletion of rights of way from definitive maps after the cut-off date.     54B.--(1)  No order under this Part shall, after the cut-off date, be made under section 53(3)(c)(iii) so as to modify a definitive map and statement by the deletion of any way shown in the map and statement as a highway of any description at the cut-off date.
    (2)  In this section "the cut-off date" means, subject to regulations under subsection (3), 1st January 2026.
    (3)  The Secretary of State may make regulations--
    (a)  substituting as the cut-off date later than the date specified in subsection (2) or for the time being substituted under this paragraph;
    (b)  containing such transitional provisions or savings as appear to the Secretary of State to be necessary or expedient in connection with the operation of subsection (1), including in particular its operation in relation to--
          (i)  an order under section 53(2) for which on the cut-off date an application is pending,
          (ii)  an order under this Part which on that date has been made but not confirmed,
          (iii)  an order under this Part relating to any way as respects which such an order, or any provision of such an order, has after that date been to any extent quashed.
     (4)  Regulations under subsection (3)(a)-- 
    (a)  may specify different dates for different areas; but
    (b)  may not specify a date later than 1st January 2031, except as respects an area within subsection (5).
     (5)  An area is within this subsection if it is in-- 
    (a)  the Isles of Scilly, or
    (b)  an area which, at any time before the repeal by section 73 of this Act of sections 27 to 34 of the 1949 Act--
          (i)  was excluded from the operation of those sections by virtue of any provision of the 1949 Act, or
          (ii)  would have been so excluded but for a resolution having effect under section 35(2) of that Act.
     (6)  Where by virtue of regulations under subsection (3) there are different cut-off dates for areas into which different parts of any way extend, the cut-off date in relation to that way is the later or latest of those dates.
    (7)  Where it appears to the Secretary of State that any provision of this Part can by virtue of subsection (1) have no further application he may by order make such amendments or repeals in this Part as appear to him to be, in consequence, necessary or expedient.
    (8)  An order or regulations under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.")
After Clause 49
     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.
After Clause 65
     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.
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