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

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Before Clause 65
 
  
BY THE LORD WHITTY
 
196     Insert the following new Clause-- 
     ("  .--(1) This section applies to a way which the owner or occupier (from time to time) of any premises has used as a means of access for vehicles to the premises, if that use of the way-- 
 
    (a)  was an offence under an enactment applying to the land crossed by the way, but
 
 
    (b)  would otherwise have been sufficient to create on or after the prescribed date, and to keep in existence, an easement giving a right of way for vehicles.

    (2)  Regulations may provide, as respects a way to which this section applies, for the creation in accordance with the regulations, on the application of the owner of the premises concerned and on compliance by him with prescribed requirements, of an easement subsisting at law for the benefit of the premises and giving a right of way for vehicles over that way.

 
     (3)  An easement created in accordance with the regulations is subject to any enactment or rule of law which would apply to such an easement granted by the owner of the land.
 
    (4)  The regulations may in particular--
    (a)  require that, where an application is made after the relevant use of the way has ceased, it is to be made within a specified time,
    (b)  specify grounds on which objections may be made and the procedure to apply to the making of objections,
    (c)  require any matter to be referred to and determined by the Lands Tribunal, and make provision as to procedure and costs,
    (d)  make provision as to the payment of any amount by the owner of the premises concerned to any person or into court and as to the time when any payment is to be made,
 
 
    (e)  provide for the determination of any such amount,
    (f)  make provision as to the date on which any easement is created,
    (g)  specify any limitation to which the easement is subject,
    (h)  provide for the easement to include any specified right incidental to the right of way,
 
 (i)  make different provision for different circumstances. 
     (5)  In this section--
    enactment" includes an enactment in a local or private Act and a byelaw, regulation or other provision having effect under an enactment;
    owner", in relation to any premises, means--
          (a)  a person, other than a mortgagee not in possession, who is for the time being entitled to dispose of the fee simple of the premises, whether in possession or in reversion, or
          (b)  a tenant under a long lease, within the meaning of the Landlord and Tenant Act 1987;
 
 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.
    (6)  Regulations under this section shall be made by statutory instrument, and a statutory instrument containing regulations made by the Secretary of State shall be subject to annulment in pursuance of a resolution of either House of Parliament.")
Vehicular access across common land etc.
  
BY THE BARONESS SHARP OF GUILDFORD
[Amendments 196A to 196J are amendments to amendment 196]
 
196A     Line 3, after ("any") insert ("land or") 
  
BY THE EARL OF SELBOURNE
 
196AA     Line 7, leave out from ("sufficient") to end of line 9 and insert ("to create an easement giving a right of way for vehicles which exists at any time on or after the prescribed date") 
  
BY THE EARL OF SELBORNE
THE BARONESS SHARP OF GUILDFORD
 
196B     Line 10, after ("may") insert (", subject to subsection (4A) below,") 
  
BY THE BARONESS SHARP OF GUILDFORD
 
196C     Line 12, after second ("the") insert ("land or") 
  
BY THE EARL OF SELBORNE
THE BARONESS SHARP OF GUILDFORD
 
196D     Line 27, at end insert ("including deferral until the transfer of the premises") 
196E     Line 33, at end insert--
 
    ("(4A)  Any payment required to be made by the owner of premises under the regulations shall not be more than 2 per cent. of the value of the premises or one-third of the increase in value of the premises caused by the grant of an easement under the regulations, whichever is the less.")
 
  
BY THE BARONESS SHARP OF GUILDFORD
 
196F     Line 33, at end insert--
 
    ("(  )  The regulations may not--
    (a)  where the owner of the common land or other land is a registered charity, provide for the creation or acquisition of any easement which would conflict with the charitable objectives of that charity;
    (b)  provide for the creation or acquisition of an easement which is on terms more favourable to the owner of the land or premises than that which would (but for section 194 of the Law of Property Act 1925) have been acquired by prescription;
    (c)  prevent the owner of the common or other land reserving reasonable periodical payments by way of contribution to maintenance or upkeep of the common lands;
    (d)  prevent the owner of the common land making any rights subject to such conditions as to the purpose and manner of use of the rights as shall be fair and reasonable in all circumstances.")
 
196G     Line 44, at end insert--
 
    ("&#M10;&#M10;&#M10;&#M10;registered charity" means a charity which is registered under section 3 of the Charities Act 1993;")
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
THE LORD PHILLIPS OF SUDBURY
 
196H     Line 50, leave out ("annulment in pursuance of a resolution of either House") and insert ("affirmative resolutions by both Houses") 
  
BY THE EARL OF SELBORNE
THE BARONESS SHARP OF GUILDFORD
 
196J     Line 51, at end insert--
 
    ("(  )  The Secretary of State shall lay regulations under this section before each House of Parliament within four months of the coming into force of this section.")
 
  
Clause 65
 
  
BY THE LORD WHITTY
 
196K     Page 43, line 34, at end insert--
 
    ("(  )  In subsection (5) of that section, at the end there is inserted "or for the breeding or keeping of horses."")
 
197     Page 45, line 26, at end insert--
 
    ("(4)  In section 344 of the 1980 Act (application to Isles of Scilly) in subsection (2)(a) after "147," there is inserted "147ZA,".")
 
  
After Clause 65
 
  
BY THE LORD WHITTY
 
198     Insert the following new Clause-- 
     ("  .--(1) In section 66(3) of the 1980 Act (works for safeguarding persons using footpaths)--
    (a)  after "footpath" there is inserted "or bridleway", and
    (b)  after "barriers," there is inserted "posts,".
    (2)  In section 134 of that Act, subsection (5) (which limits the persons who may bring proceedings for failure to restore a public path disturbed by ploughing etc.) is omitted.")
Minor amendments to Highways Act 1980.
  
Clause 67
 
  
BY THE LORD WHITTY
 
199     Page 46, line 1, at end insert (", unless a contrary intention appears") 
  
Before Clause 69
 
  
BY THE LORD WHITTY
 
199A     Insert the following new Clause-- 
 ("Biological diversity 
     .--(1) It is the duty of--
    (a)  any Minister of the Crown (within the meaning of the Ministers of the Crown Act 1975),
    (b)  any Government department, and
    (c)  the National Assembly for Wales,
        in carrying out his or its functions, to have regard, so far as is consistent with the proper exercise of those functions, to the purpose of conserving biological diversity in accordance with the Convention.
 
     (2)  The Secretary of State, as respects England, and the National Assembly for Wales, as respects Wales, shall each publish a list of, or lists which together comprise, the living organisms and types of habitat which in the opinion of the Secretary of State or the Assembly (as the case may be) are of principal importance for the purpose mentioned in subsection (1).
 
    (3)  Without prejudice to subsection (1), it is the duty of a listing authority to take, or to promote the taking by others of, such steps as appear to the authority to be reasonably practicable to further the conservation of the living organisms and types of habitat included in any list published by the authority under this section.
 
    (4)  Before publishing the list or lists required by subsection (2) the listing authority shall consult the appropriate conservation body as to the living organisms or types of habitat to be included in the list or lists.
 
    (5)  Each listing authority shall, in consultation with the appropriate conservation body--
    (a)  keep under review any list published by the authority under this section,
    (b)  make such revisions of any such list as appear to the authority to be appropriate, and
    (c)  publish any list so revised.
    (6)  A duty under this section to publish a list is a duty to publish it in such manner as the listing authority thinks fit.
 
    (7)  In this section--
    appropriate conservation body" means--
          (a)  as respects England, English Nature,
          (b)  as respects Wales, the Countryside Council for Wales;
    biological diversity" has the same meaning as in the Convention;
    conservation" in relation to a living organism or type of habitat, includes the restoration or enhancement of a population or habitat;
    the Convention" means the United Nations Environmental Programme Convention on Biological Diversity of 1992;
    habitat" has the same meaning as in the Convention;
    listing authority"--
          (a)  in relation to a list which the Secretary of State is required to publish under this section, means the Secretary of State;
          (b)  in relation to a list which the National Assembly for Wales is required to publish under this section, means the National Assembly for Wales.")
Conservation of biological diversity.
  
BY THE LORD JUDD
[Amendments 199B and 199C are amendments to amendment 199A]
 
199B     Line 8, leave out ("have regard") and insert ("further and enhance") 
199C     Line 9, leave out ("to") 
  
After Clause 69
 
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD JUDD
 
200     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 respect to England, or the Countryside Council for Wales, with respect 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 BYFORD
THE LORD GLENTORAN
 
200A     Page 114, line 16, at end insert--
 
    ("(  )  In any of the circumstances referred to in subsections (1) and (2), the Council shall consider alternative options for securing the conservation of the flora, fauna or geological or physiographical features of the site, and shall discuss any such options with the persons referred to in subsections (1) and (2).")
 
200B     Page 114, line 35, at end insert--
 
    ("(  )  In determining an appeal, the Secretary of State shall have due regard to the needs of agriculture and forestry and to the economic and social interests of rural areas.")
 
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
 
201     [Withdrawn] 
201A     Page 115, line 39, at end insert--
 
    ("(  )  Where the Council does not assent to the proposed operation or assents to the proposed operation but with conditions, any dispute between the Council and a statutory undertaker shall be determined by a person appointed for the purpose--
    (a)  by an agreement between the Council and the section 28G authority; or
    (b)  failing such an agreement, by the Secretary of State,
and on any such reference the person so appointed may confirm the decision of the Council or give the section 28G authority such directions as he thinks appropriate.")
 
202     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 LORD WHITTY
 
203     Page 117, line 3, at end insert (", unless the Nature Conservancy Council have notified the authority that it need not wait until then.") 
  
BY THE BARONESS WILCOX
 
204     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
 
205     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") 
206     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.")
 
206A     Page 119, line 8, leave out ("appear to the Council to") 
  
BY THE LORD WHITTY
 
207     Page 122, line 25, at end insert ("without reasonable excuse") 
208     [Withdrawn] 
209     Page 122, line 34, at end insert--
 
    ("(  ) It is a reasonable excuse in any event for a person to do what is mentioned in subsection (6) if--
    (a)  paragraph (a) or (b) of subsection (4) is satisfied in relation to what was done (reading references there to an operation as references to the destruction, damage or disturbance referred to in subsection (6)), and
    (b)  where appropriate, subsection (5) is also satisfied, reading the reference there to an operation in the same way.")
 
210     Page 123, line 23, at end insert-- 
 ("Byelaws.     28R.--(1) The Nature Conservancy Council may make byelaws for the protection of a site of special scientific interest.
 
    (2)  The following provisions of the 1949 Act apply in relation to byelaws under this section as they apply in relation to byelaws under section 20 of that Act--
    (a)  subsections (2) and (3) of section 20 (reading references there to nature reserves as references to sites of special scientific interest); and
    (b)  sections 106 and 107.")
 
211     Page 124, line 25, at end insert--
        ("(1B)  Byelaws made by virtue of section 28R may apply to Crown land if the appropriate authority consents.")
 
 
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