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

back to previous amendments
 
  
Clause 31
 
  
BY THE LORD ROTHERWICK
 
     Page 19, line 37, at end insert--
 
    ("(  )  Guidance under this section shall be made as widely available and accessible to the public and other bodies as is practically possible and shall include, in particular, information relating to--
    (a)  new routes, diversions, closures, hazards, exclusions and other circumstances which alter the access available under section 2 of this Act;
    (b)  circumstances as described in paragraph (a), which impede access, arise suddenly, and which, for reasons of publication, fail to appear on conclusive maps;
    (c)  names of access authorities;
    (d)  codes of practice and behaviour which relate to access land;
    (e)  by-laws which relate to dogs;
    (f)  by-laws, which relate to environmental, health, safety and emergency issues;
    (g)  other local by-laws relating to access land;
    (h)  other details which relate to and update the conclusive map;
    (i)  other details which appear on the conclusive map but which, for reasons of public safety and wildlife conservation, should be further advertised and explained to those who access land.
    (  )  Where the Countryside Agency or the Countryside Council for Wales issues any guidance under this section, they shall also publish information on mechanisms which they have put in place for the purpose of disseminating the guidance under this section; this information may relate to, in particular--
    (a)  any warning systems (where it is practical to install them) which provide emergency information on hazards, the location of hazards, and other environmental, health and safety issues;
    (b)  any communication systems such as websites, telephone numbers and fax capabilities which supply up-to-date information on access, including any alterations to the information referred to in this section;
    (c)  any information partnerships which exist between land managers and access authorities, and between access authorities and the public.")
 
  
Clause 35
 
  
BY THE LORD WHITTY
 
     Page 21, line 26, after ("land") insert (", or to other access land,") 
  
Clause 36
 
  
BY THE LORD WHITTY
 
     Page 22, line 19, after ("elsewhere") insert (", or that a different means of access should be provided") 
  
Clause 38
 
  
BY THE LORD WHITTY
 
     Page 24, line 12, at end insert--
 
    ("(4A)  A person acting in the exercise of a power conferred by this section may--
    (a)  use a vehicle to enter the land;
    (b)  take a constable with him if he reasonably believes he is likely to be obstructed;
    (c)  take with him equipment and materials needed for the purpose for which he is exercising the power of entry;
    (d)  take samples of the land and of anything on it.
    (4B)  If in the exercise of a power conferred by this section a person enters land which is unoccupied or from which the occupier is temporarily absent, he must on his departure leave it as effectively secured against unauthorised entry as he found it.")
 
  
After Clause 38
 
  
BY THE LORD WHITTY
 
     Insert the following new Clause-- 
     ("  .--(1)  It is the duty of a body by which an authorisation may be given under section 38 to compensate any person who has sustained damage as a result of--
    (a)  the exercise of a power conferred by that section by a person authorised by that body to do so, or
    (b)  the failure of a person so authorised to perform the duty imposed on him by subsection (4B) of that section,
except where the damage is attributable to the fault of the person who sustained it.
 
    (2)  Any dispute as to a person's entitlement to compensation under this section or as to its amount shall be referred to an arbitrator to be appointed, in default of agreement--
    (a)  as respects entry on land in England, by the Secretary of State, and
    (b)  as respects entry on land in Wales, by the National Assembly for Wales.")
Compensation relating to powers under s. 38.
  
Clause 41
 
  
BY THE LORD WHITTY
 
     Page 25, line 11, leave out from beginning to ("has") in line 12 and insert--
 
    ("(3)  No order under section 3 or regulations under paragraph 3 of Schedule 2 shall be made by the Secretary of State unless a draft")
 
     Page 25, line 15, after ("any") insert ("other") 
  
Clause 42
 
  
BY THE LORD WHITTY
 
     Page 26, line 1, leave out (" 1(2)") and insert (" 1(3)") 
  
Schedule 5
 
  
BY THE LORD ROTHERWICK
 
     Page 68, line 33, at end insert--
 
    ("(  )  In subsection (2)(a) for "as appear to them to be" there is substituted "as are".
 
    (  )  In subsection (2)(b) for "as appear to them to be" there is substituted "as are."")
 
     Page 68, line 38, at end insert--
 
    ("(  )  For subsection (3)(b) and (c) there is substituted--
    (b)  a declaration by a Court, or other independent tribunal established by law, that:
          (i)  a public right of way exists over the land to which the map relates;
          (ii)  a highway shown on the map and statement as a highway of a particular description ought to be shown as a highway of a different description;
          (iii)  there is no public right of way over the land shown on the map and statement that there was insufficient evidence for the recording of the said right of way pursuant to the relevant provisions of the National Parks and Countryside Act 1949, or pursuant to the repealed sections of this Act."
    (  )  After subsection (3) there is inserted--
        (3A)  The use by the public of a right of way wrongly recorded on the map and statement for the area shall not give rise to any presumption of dedication or acceptance of the said way as a public right of way."")
 
     Page 69, line 4, at end insert--
 
    ("(  )  In subsection (5)--
    (a)  for "as appear to the authority to be" there is substituted "as are"; and
    (b)  the words "or (c)" are omitted.")
 
     Page 69, line 10, at end insert--
 
    ("(  )  In subsection (6) for "as appear to the authority to be" there is substituted "as are".")
 
     Page 74, line 28, after ("III),") insert--
    ("(a)  in paragraph 3(1)(b) after "land" there is inserted "and the owner or owners of the land affected by the application" and
    (b)")
 
     Page 74, line 30, at end insert--
 
    ("  .  In Schedule 15 to that Act (procedure in connection with certain orders)--
    (a)  paragraph 7(2)(a) is omitted;
    (b)  in paragraph 7(3) the words "hold the inquiry or" are omitted;
    (c)  in paragraph 8(2)(b) the words "hold a local inquiry" are omitted;
    (d)  in paragraph 8(2)(c) the words "to hold the inquiry or" are omitted;
    (e)  paragraph (9) is omitted; and
    (f)  after paragraph 11(1) there shall be inserted--
        (1A)  The Secretary of State or a person appointed by him to confirm the order shall give reasons for his decision, and make them available to the person who made representations or objections, and to the public".")
 
  
Schedule 6
 
  
BY THE LORD ROTHERWICK
 
     Page 76, line 32, at end insert--
 
    ("  .  In section 31(1) of that Act (dedication of way as highway presumed after public use for 20 years), "actually" is omitted and "proved to the satisfaction of a court or tribunal to have been" is inserted")
 
     Page 76, line 32, at end insert--
 
    ("  .  In section 31 of the 1980 Act (dedication of way as highway presumed after public use for 20 years) insert new subsection--
        (12)  A claim that a way has been dedicated shall be disregarded by a court or other tribunal if it is made more than 5 years from the date when the alleged right of way has been first brought into question."")
 
     Page 76, line 32, at end insert--
 
    ("  .  After section 31(3) of the 1980 Act (dedication of way as highway presumed after public use for 20 years) there is inserted--
        (3A)  Sufficient evidence" for the purpose of subsection (1) includes the statement by the owner of the land that during the relevant years he did not intend to dedicate a right of way to the public at large. His statement can be negatived only if, during the relevant period he has shown to have acted in a manner inconsistent with lack of intention to dedicate."")
 
  
Clause 57
 
  
BY THE LORD NORTHBOURNE
 
     Page 35, line 40, at end insert--
    ("(  )  the desirability of providing more opportunities for regular exercise for persons resident in their area in the interest of their health and the health of the nation.")
 
  
Clause 58
 
  
BY THE LORD WHITTY
 
     Page 36, line 36, at end insert--
    ("(da)  any local access forum established for their area or any part of it;")
 
  
Schedule 7
 
  
BY THE LORD HARDY OF WATH
 
     Page 105, line 21, at end insert ("for which the court may order the confiscation of the vehicle in question") 
     Page 105, line 28, leave out ("fifteen") and insert ("five") 
  
After Clause 71
 
  
BY THE BARONESS BYFORD
 
     Insert the following new Clause-- 
     ("  .--(1)  The Secretary of State with regard to England, and the National Assembly for Wales with regard to Wales, shall each establish and keep under review from time to time lists of priority species, and priority habitats, of conservation concern.
 
    (2)  The Secretary of State with regard to England, and the National Assembly for Wales with regard to Wales shall--
    (a)  take such measures as in his or its opinion are reasonably practicable, to further the conservation and enhancement of the priority species and priority habitats listed under subsection (1); and
    (b)  report on these measures from time to time.
    (3)  It shall be the duty of every Minister of the Crown (within the meaning of the Ministers of the Crown Act 1975), Government department, and the National Assembly for Wales, consistent with the proper exercise of their functions, to further the conservation and enhancement of the priority species and priority habitats listed under subsection (1).")
Priority species and habitats.
  
Clause 72
 
  
BY THE LORD HARDY OF WATH
 
     Page 48, line 35, at end insert ("together with the confiscation of any vehicle which is used to assist in the committing of such an offence"") 
  
Before Clause 87
 
  
BY THE LORD WHITTY
 
     Insert the following new Clause-- 
 ("Local access forums 
     .--(1)  The appointing authority for any area shall in accordance with regulations establish for that area, or for each part of it, an advisory body to be known as a local access forum.
 
    (2)  For the purposes of this section--
    (a)  the local highway authority is the appointing authority for their area, except any part of it in a National Park, and
    (b)  the National Park authority for a National Park is the appointing authority for the National Park.
    (3)  A local access forum consists of members appointed by the appointing authority in accordance with regulations.
 
    (4)  It is the function of a local access forum, as respects the area for which it is established, to advise--
    (a)  the appointing authority,
    (b)  any body exercising functions under Part I in relation to land in that area,
    (c)  if the appointing authority is a National Park authority, the local highway authority for any part of that area, and
    (d)  such other bodies as may be prescribed,
as to the improvement of public access to land in that area for the purposes of open-air recreation and the enjoyment of the area, and as to such other matters as may be prescribed.
 
    (5)  The bodies mentioned in paragraphs (a) to (d) of subsection (4) shall have regard, in carrying out their functions, to any relevant advice given to them by a local access forum under that subsection or any other provision of this Act.
 
    (6)  In carrying out its functions, a local access forum shall have regard to--
    (a)  the needs of land management,
    (b)  the desirability of conserving the natural beauty of the area for which it is established, including the flora, fauna and geological and physiographical features of the area, and
    (c)  guidance given from time to time by the Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales).
    (7)  Subsection (1) does not apply to the council of a London borough or to any part of their area unless the council so resolve.
 
    (8)  The Secretary of State, as respects England, or the National Assembly for Wales, as respects Wales, if satisfied that no local access forum is required for any area or part of any area, may direct that subsection (1) is not to apply in relation to that area or part.
 
    (9)  Before giving a direction under subsection (8) as respects an area or part of an area, the Secretary of State or the National Assembly for Wales must consult the appointing authority for the area and the appropriate countryside body.
 
    (10)  In this section--
    appropriate countryside body" has the same meaning as in Part I;"
    local highway authority" has the same meaning as in the 1980 Act;
    prescribed" means prescribed by regulations;
    regulations" means regulations made, as respects England, by the Secretary of State, and, as respects Wales, by the National Assembly for Wales.")
Local access forums.
     Insert the following new Clause-- 
     ("  .--(1)  Regulations under section (Local access forums) may in particular include provision--
    (a)  as to the appointment as members of a local access forum of persons appearing to the appointing authority to be representative of persons of any specified description or of any specified body;
    (b)  as to the establishment by appointing authorities of joint local access forums.
    (2)  The regulations must provide for the appointment of persons appearing to the appointing authority to be representative of--
    (a)  users of local rights of way or the right conferred by section 2(1);
    (b)  owners and occupiers of access land or land over which local rights of way subsist.
    (3)  In subsection (2)--
    access land" has the same meaning as in Part I;
    local rights of way" has the meaning given by section 57(5), but as if the references there to a local highway authority and their area were references to an appointing authority and their area.
    (4)  The Secretary of State and the National Assembly for Wales, in making regulations under section (Local access forums) containing such provision as is mentioned in subsection (2), must have regard to the desirability of maintaining a reasonable balance between the number of members of any local access forum appointed in accordance with paragraph (a) and in accordance with paragraph (b) of subsection (2).
 
    (5)  Regulations under section (Local access forums) may include such supplementary or incidental provision as appears to the Secretary of State or National Assembly for Wales (as the case may be) to be necessary or expedient.
 
    (6)  For the purposes of section (Local access forums), the Broads are to be treated as a National Park and the Broads Authority as a National Park authority.
 
    (7)  In subsection (6) "the Broads" has the same meaning as in the Norfolk and Suffolk Broads Act 1988.
 
    (8)  Regulations under section (Local access forums) 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.")
Local access forums: supplementary
  
Clause 87
 
  
BY THE LORD WHITTY
 
     Page 59, line 39, after ("land),") insert--
    ("(a)  in subsection (1) the words "both in the countryside and" are omitted, and
    (b)")  
 
  
Schedule 16
 
  
BY THE LORD WHITTY
 
     Page 146, line 16, at end insert-- 
 ("PART VI 
 OTHER 
 ChapterShort titleExtent of repeal 
 1981 c. 69.The Wildlife and Countryside Act 1981.In section 39(1), the words "both in the countryside and".") 
  
Clause 92
 
  
BY THE LORD WHITTY
 
     Page 61, line 14, leave out ("and 16") and insert ("to 17") 
     Page 61, line 22, at end insert--
    ("sections (Local access forums) and (Local access forums: supplementary).")
 
  
Clause 93
 
  
BY THE LORD WHITTY
 
     Page 61, line 36, at end insert--
    (""local access forum" means a local access forum established under section (Local access forums).")
 
 
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