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

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Schedule 4
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
     Page 68, line 26, at end insert-- 
 ("DOGS (FOULING OF LAND) ACT 1996 (C. 20) 
     ("  .  In section 1(3) of the Dogs (Fouling of Land) Act 1996 (land to which Act applies), after "following descriptions" there is inserted "except, where the local authority considers it both necessary and expedient in the interests of land management or public safety, land of the following descriptions which is "access land" within the meaning of the Countryside and Rights of Way Act 2000,".") 
  
Schedule 5
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
     Page 75, line 40, at end insert--
 
    ("  . In section 147(5) of the Highways Act 1980 (power to authorise erection of stiles, etc on footpath or bridleway), after "forestry" there is inserted "or for the breeding or keeping of horses".")
 
     Page 75, line 40, at end insert--
 
    ("  . For section 147(1) of the Highways Act 1980 (power to authorise erection of stiles on footpath or bridleway) there is substituted--
        (1)  The following provisions of this section apply where the owner, lessee or occupier of land represents to a competent authority, as respects a footpath or bridleway that crosses the land--
      (a)  that for securing that the use, or any particular use, of the land for agriculture shall be efficiently carried on, it is expedient that stiles, gates or other works for preventing the ingress and egress of animals should be erected on the path or way, or
      (b)  that for preventing the unlawful use of the path or way by mechanically-propelled vehicles, it is expedient that bollards or other works (not including stiles or gates) should be erected on the path or way."")
 
  
After Clause 50
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
     Insert the following new Clause-- 
     ("  .--(1)  Any public right to use a way with mechanically propelled vehicles that--
    (a)  existed before 1st January 1949;
    (b)  is not over a trunk, classified, principal or special road;
    (c)  is over a way that does not appear at the cut-off date on the definitive map as a byway open to all traffic; and
    (d)  is not shown to have been exercised by the public at any point between the commencement of this Part and the cut-off date,
shall be extinguished immediately after the cut-off date.
 
    (2)  Any owner or lessee of premises adjoining or adjacent to a way over which public rights have been extinguished under subsection (1) above shall, so far as is necessary for the reasonable enjoyment and occupation of the premises, have a right of way for vehicular and all other kinds of traffic over the way.")
Extinguishment of unrecorded rights of way (No. 2).
  
Clause 57
 
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
 
     Page 35, line 40, at end insert--
    ("(  )  the extent to which the network may be organised to provide walkers, horse riders and cyclists with the maximum opportunity to pursue their recreation off highways used by mechanically propelled vehicles")
 
     Page 36, line 21, at end insert (",  and
    (c)  cycle tracks as defined by section 329 of the Highways Act 1980")
 
  
After Clause 69
 
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
 
     Insert the following new Clause-- 
     ("  .--(1)  English Nature with respect to England, and the Countryside Council for Wales with respect to Wales, may make byelaws for the protection of all or part of a site of special scientific interest (and may make different provisions for different parts thereof), under section 20 of the National Parks and Access to the Countryside Act 1949 (byelaws for the protection of nature reserves).
 
    (2)  Without prejudice to the generality of subsection (1), byelaws under that section as it applies by virtue of this section, may--
    (a)  prohibit or restrict the entry into, or movement within, the site of persons, vehicles, boats and animals;
    (b)  prohibit or restrict--
          (i)  the killing, taking, molesting or disturbance of living creatures of any description in the site;
          (ii)  the taking, destruction or disturbance of eggs of any such creature;
          (iii)  the taking of, or interference with, vegetation of any description in the site; or
          (iv)  the doing of anything in the site which will interfere with the soil or damage any object in the site;
    (c)  prohibit the deposition of rubbish and the leaving of litter in the site; and
    (d)  prohibit or restrict, or provide for the prohibiting or restricting, the lighting of fires in the site or the doing of anything likely to cause a fire in the site.
    (3)  Byelaws made under section 20 of the 1949 Act may prohibit or restrict any activity referred to in subsection (2) within such area surrounding or adjoining the site as appears reasonable for the protection of the site.
 
    (4)  Byelaws made under section 20 of the 1949 Act may provide for the issue, on such terms and subject to such conditions as may be specified in the byelaws, or permits authorising--
    (a)  entry into the site or any such surrounding or adjoining areas as mentioned in subsection (3), or
    (b)  the doing of anything within the site, or any such surrounding or adjoining area, where such entry, or doing that thing, would otherwise be unlawful under the byelaws.
    (5)  Byelaws made under section 20 of the 1949 Act as it applies by virtue of subsection (1) shall not interfere with--
    (a) the exercise by any person of a right vested in him as owner, lessee or occupier of land within the site of special scientific interest, or in any such surrounding or adjoining area as is mentioned in subsection (3);
    (b)  the exercise of any public right or way; or
    (c)  the exercise of any functions of a section 28G authority.
    (6)  Where the exercise of any right vested in a person, whether by reason of his being entitled to any interest in land or by virtue of a licence or agreement, is prevented or hindered by the coming into operation byelaws made under section 20 of the 1949 Act as it applies by virtue of subsection (1), he shall be entitled to receive from English Nature with respects to England, or the Countryside Council for Wales as respects to Wales, compensation thereof.
 
    (7)  If any person without reasonable excuse (proof whereof shall lie on him) contravenes any byelaw made under section 20 of the 1949 Act as it applies by virtue of subsection (1), he shall be guilty of an offence and liable on summary conviction to a fine not exceeding, in the case of a first offence, level 1 on the standard scale; in the case of a second offence, level 2 on the standard scale and in the case of a third and subsequent offence, level 3 on the standard scale.")
Protection of sites of special scientific interest.
  
Schedule 9
 
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
 
     Page 115, line 39, at end insert--
 
    ("(2A)  Any power of a section 28G authority conferred by any Act may be exercised in pursuance of subsection 28G(1).
 
    (2B)  Powers conferred by subsection (2A) shall be exercised--
    (a)  in the case of England only after consultation with English Nature;
    (b)  in the case of Wales only after consultation with the Countryside Council for Wales.")
 
     Page 116, line 43, at end insert--
 
    ("(7)  Where the Council concludes, on reasonable terms, that they cannot assent to the proposed operations (with or without conditions), they may require that the section 28G authority seeks authorisation by a planning permission granted on an application under Part III of the Town and Country Planning Act 1990.")
 
  
BY THE BARONESS WILCOX
 
     Page 117, line 19, at end insert--
 
    ("(  )  Notwithstanding the foregoing provision of this section, the Council and a section 28G authority may enter into a memorandum of understanding specifying particular operations which shall not be regarded as operations covered by subsection (2) above, and in such cases the procedures under this section shall not apply.")
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
     Page 117, line 31, after ("them") insert ("to a condition which existed at the time of the notification of the site under the 1981 Act or at any other time after such notification") 
     Page 118, line 22, at end insert--
 
    ("(  )  Where a notice under subsection (3) has been given and is subsequently withdrawn, the Council shall reimburse any costs reasonably incurred by any of the persons mentioned in subsection (3) in making any representation or objection in relation to the notice.")
 
  
BY THE BARONESS WILCOX
 
     Page 122, line 34, at end insert ("unless one of the conditions specified in subsection (6A) is fulfilled.
 
    (6A)  The conditions are that the person is--
    (a)  acting in accordance with an agreement in writing reached with the Council,
    (b)  acting in accordance with a permission issued by a section 28G authority that has complied with section 28I.")
 
  
After Clause 75
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
     Insert the following new Clause-- 
     ("  .--(1)  In section 2 of the Game Act 1831, after the words "black game" there shall be inserted "rabbits, snipe, woodcock and wild duck".
 
    (2)  In section 3 of the Game Act 1831 after the words "or other engine or instrument for the purpose of killing or taking any game" there shall be inserted "or attempts to take, kill or injure any game or assist any person to do so".")
Definition of `game'.
     Insert the following new Clause-- 
     ("  .--(1)  Sections 13, 14, 15 and 16 of the Game Act 1831 shall be omitted.
 
    (2)  In the Game Act 1831, after section 12 there shall be inserted--
 
 <~et>Appointment of gamekeepers.     12A.  It shall be lawful for any person who, in relation to any land, is the owner or occupier of the land or any person authorised by the owner or occupier, including any person having the right to take or kill game on the land, to appoint a gamekeeper, or gamekeepers, to be engaged in the management and conservation of game birds, wildfowl, ground game, deer, fish or wildlife, and such gamekeeper shall have the right to preserve or kill game on that land."")Appointment of gamekeepers etc.
  
Schedule 12
 
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
 
     Page 134, line 7, after ("I)") insert--
    ("(a)  after subsection (1)(d) there is inserted--
    (e)  arrest that person where the constable has reasonable grounds to believe that a failure to do so would result in the concealment, alteration, loss, damage or destruction of anything which may be evidence of the commission of an offence or may be liable to be forfeited under section 21,", and (b)")
 
  
Before Clause 87
 
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
[As an amendment to the amendment to Before Clause 87 printed on sheet HL Bill 116(e)]
 
     Line 14, at end insert--
    ("(c)  other interests especially relevant to that area")
 
     Line 39, leave out subsections (8) and (9) 
 
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