Countryside and Rights of Way Bill - continued        House of Lords
PART II, PUBLIC RIGHTS OF WAY AND ROAD TRAFFIC - continued

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Miscellaneous
Making of traffic regulation orders for purposes of conserving natural beauty, etc.     63. - (1) In section 22 of the Road Traffic Regulation Act 1984 (traffic regulation for special areas in the countryside), in subsection (1)(a)-
 
 
    (a) the words "(other than Greater London)" are omitted,
 
    (b) at the end of paragraph (vi), the word "or" is omitted, and
 
    (c) before the word "and" at the end of paragraph (vii) there is inserted-
 
    " or
 
      (viii) a site of special scientific interest (within the meaning of the Wildlife and Countryside Act 1981);".
      (2) In subsection (2) of that section, for "the paragraphs of subsection (1) of that section" there is substituted "paragraphs (a) to (g) of subsection (1) of that section and referred to in section 6(1)(b) of this Act".
 
      (3) After subsection (4) of that section there is inserted-
 
 
    "(5) In subsection (2) above the reference to conserving the natural beauty of an area shall be construed as including a reference to conserving its flora, fauna and geological and physiographical features.".
 
      (4) After that section there is inserted-
 
 
"Traffic regulation on certain roads for purpose of conserving natural beauty.     22A. - (1) This section applies to roads other than-
 
    (a) roads to which section 22 of this Act applies,
 
    (b) special roads, or
 
    (c) any road which is a trunk road, a classified road, a GLA road, a cycle track, a bridleway or a footpath, as those expressions are defined by section 329 of the Highways Act 1980.
      (2) This Act shall have effect as respects roads to which this section applies as if, in relation to the making of provision with respect to vehicular traffic, the list of purposes for which a traffic regulation order under section 1 of this Act may be made, as set out in paragraphs (a) to (g) of subsection (1) of that section and referred to in section 6(1)(b) of this Act, included the purpose of conserving or enhancing the natural beauty of the area.
 
      (3) In subsection (2) above the reference to conserving the natural beauty of an area shall be construed as including a reference to conserving its flora, fauna and geological and physiographical features."
 
Prohibition on driving mechanically propelled vehicles elsewhere than on roads.     64. Schedule 7 (which makes amendments relating to the driving of mechanically propelled vehicles elsewhere than on roads) has effect.
 
Erection or improvement of stiles, etc.     65. - (1) In section 147 of the 1980 Act (power to authorise erection of stiles etc on footpath or bridleway) after subsection (2) there is inserted-
 
 
    "(2A) In exercising their powers under subsection (2) above a competent authority shall have regard to the needs of persons with mobility problems.
 
      (2B) The Secretary of State may issue guidance to competent authorities as to matters to be taken into account for the purposes of subsection (2) above; and in exercising their powers under subsection (2) above competent authorities shall have regard to any such guidance issued to them."
 
      (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,".
Reports on functions relating to rights of way.     66. - (1) The Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales) may make regulations requiring local highway authorities of a description specified in the regulations to publish reports on the performance of any of their functions so far as relating to local rights of way (whether or not those functions are conferred on them as highway authorities).
 
      (2) Subsection (1) is without prejudice to section 230 of the Local Government Act 1972 (reports and returns).
 
      (3) Regulations under subsection (1) may prescribe the information to be given in such reports and how and when reports are to be published.
 
      (4) Regulations under subsection (1) shall be made by statutory instrument, and a statutory instrument containing such regulations made by the Secretary of State shall be subject to annulment in pursuance of a resolution of either House of Parliament.
 
      (5) In this section-
 
 
    "local highway authority" has the same meaning as in the 1980 Act, except that it does not include Transport for London; and
 
    "local rights of way" has the same meaning as in section 57.
Interpretation of Part II.     67. - (1) In this Part-
 
 
    (a) "restricted byway" and "restricted byway rights" have the meaning given by section 45(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.
 
 
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