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Session 1999-2000
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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 (c) 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.

  
Schedule 6
 
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
THE BARONESS SCOTT OF NEEDHAM MARKET
 
     Page 61, line 14, at end insert--
 
    ("  .  After section 118(2) of the 1980 Act there is inserted--
 
    (2A)  The Secretary of State or a council, as the case may be, shall not confirm a public path extinguishment order if--
    (a)  the proposed change would be contrary to the relevant local highway authority's strategic objectives for their local rights of way, as set out in its rights of way improvement plan; or
    (b)  he or it, as the case may be, considers that the proposals set out in the application, if implemented, when considered together with any other changes to the rights of way in the area, either proposed or having been made within the last five years, would adversely affect the overall extent of the public rights of way in the area or the use and enjoyment of those rights of way by the public."")
 
     Page 63, line 36, at end insert--
    ("(d)  whether the highway was dedicated prior to existence of the premises referred to in subsection (3)(a) above and, if so, to what extent the subsequent existence of the premises and any means of access thereto has had on the character and setting of the highway.
    (8)  Where the existence of the premises, or any adjoining or adjacent premises, has resulted in whole or partial enclosure of the highway, the Secretary of State or a council, as the case may be, shall have additional regard to the pre-existence of the highway.")
 
     Page 64, line 33, at end insert--
 
    ("  .  After section 119(6) of the 1980 Act there is inserted--
 
    (2A)  The Secretary of State or a council, as the case may be, shall not confirm a public path diversion order if--
    (a)  the proposed change would be contrary to the relevant local highway authority's strategic objectives for their local rights of way, as set out in its rights of way improvement plan; or
    (b)  he or it, as the case may be, considers that the proposals set out in the application, if implemented, when considered together with any other changes to the rights of way in the area, either proposed or having been made within the last five years, would adversely affect the overall extent of the public rights of way in the area or the use and enjoyment of those rights of way by the public."")
 
     Page 65, line 35, leave out ("four") and insert ("twelve") 
     Page 78, line 35, at end insert--
 
    ("(5)  A council may decline to determine an application under section 118ZA and 119ZA if--
    (a)  it does not have the power to make a public path extinguishment order under the provisions of section 118 above, or a public path diversion order under the provisions of section 119 above, as appropriate, in respect of the footpath or bridleway to which the application relates;
    (b)  having regard to requirement of either section 118 or 119, it also appears to the council from the information currently available that any such public path order made by the council would not be capable of being confirmed, whether by the council or by the Secretary of State.")
 
  
Clause 59
 
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
THE BARONESS SCOTT OF NEEDHAM MARKET
 
     Page 37, line 25, leave out lines 25 to 47 and insert--
 
    ("(4)  The court shall make an order under this section if it is satisfied--
    (a)  that the obstruction is one to which section 130A above applies;
    (b)  that the highway authority has a duty under section 130(3) above to secure the removal of the obstruction; or
    (c)  that the obstruction significantly interferes with the exercise of public rights of way over that way.
    (5)  The court shall take into account when imposing any time limit for compliance on an order granted under section (4) above--
    (a)  that the fact that the way obstructed is a highway within subsection (2) of section 130A is not seriously disputed; and
    (b)  that, under arrangements which have been made by the authority, its removal will be secured within a reasonable time, having regard to the number and seriousness of obstructions in respect of which they have such a duty.")
 
     Page 38, line 33, after ("take,") insert ("having regard to the number and seriousness of obstructions in respect of which they have such a duty,") 
     Page 38, line 47, at end insert ("(an entry in the definitive map and statement of a way specified in subsection (2)(b) of that section being conclusive as to its status for the purposes of this section)") 
     Page 39, line 6, leave out from ("time") to end of line 8 
  
 
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