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

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Clause 80
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
244     Page 55, line 16, at end insert ("except acquire land or property by the employment of compulsory purchases powers") 
245     Page 55, line 27, leave out from ("otherwise)") to end of line 28 
  
Clause 81
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
246     Page 56, line 4, leave out subsection (3) and insert--
 
    ("(3)  No order shall be made under section 79(9) by the Secretary of State unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.")
 
  
Clause 82
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
247     Page 57, line 15, after ("prepare") insert (", consult locally on") 
248     Page 57, line 34, after ("review") insert ("within twelve months") 
249     Page 57, line 39, after ("authorities,") insert--
    ("(  )  where consultation has not already taken place, publish the plan in draft form,")
 
  
After Clause 83
 
  
BY THE LORD RENTON OF MOUNT HARRY
 
249A     Insert the following new Clause-- 
     ("  .--(1)  The Minister (as respects England) and the National Assembly for Wales (as respects Wales) shall, in respect of every management plan which they receive, publish a response within six months setting out--
    (a)  the steps which the Minister or the Assembly intend to take to further the objectives in that management plan; and
    (b)  the extent to which the policies of the Minister or the Assembly may conflict with that management plan, and the steps which are to be taken to resolve that conflict.
    (2)  In this section--
    management plan" means a plan published in accordance with--
      (a)  section 82, or
      (b)  section 66 of the Environment Act 1995; and
    Minister" means the Secretary of State or the Minister of Agriculture, Fisheries and Food.")
Obligation in respect of management plans.
  
Clause 84
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
250     Page 59, line 4, leave out ("may") and insert ("shall") 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
THE LORD DIXON-SMITH
 
250A     Page 59, line 5, after ("board,") insert ("or, where appropriate, a joint committee,") 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
251     Page 59, line 12, at end insert--
 
    ("(  )  The Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales) shall make grants to joint advisory councils for areas of outstanding natural beauty.")
 
  
Clause 85
 
  
BY THE LORD WHITTY
 
252     Page 59, line 27, leave out ("Act") and insert ("Part") 
  
Before Clause 87
 
  
BY THE LORD WHITTY
 
253     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.
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
[As an amendment to amendment 253]
 
254     Line 39, leave out subsections (8) and (9) 
  
BY THE LORD WHITTY
 
255     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.
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
[As an amendment to amendment 255]
 
256     Line 14, at end insert--
    ("(c)  other interests especially relevant to that area")
 
  
Clause 87
 
  
BY THE LORD WHITTY
 
257     Page 59, line 39, after ("land),") insert--
    ("(a)  in subsection (1) the words "both in the countryside and" are omitted, and
    (b)")  
 
  
After Clause 87
 
  
BY THE LORD WHITTY
 
258     Insert the following new Clause-- 
 ("Norfolk and Suffolk Broads 
     .  In Part IV of the Norfolk and Suffolk Broads Act 1988, before section 18 there is inserted--Duty of public bodies etc. regarding the Broads.
 General duty of public bodies etc.     17A.--(1) In exercising or performing any functions in relation to, or so as to affect, land in the Broads, a relevant authority shall have regard to the purposes of--
    (a)  conserving and enhancing the natural beauty of the Broads;
    (b)  promoting the enjoyment of the Broads by the public; and
    (c)  protecting the interests of navigation.
    (2)  The following are relevant authorities for the purposes of this section--
    (a)  any Minister of the Crown,
    (b)  any public body,
    (c)  any statutory undertaker,
    (d)  any person holding public office.
    (3)  In subsection (2)--
    public body" includes--
          (a)  a county council, district council or parish council;
          (b)  a joint planning board within the meaning of section 2 of the Town and Country Planning Act 1990;
          (c)  a joint committee appointed under section 102(1)(b) of the Local Government Act 1972;
    public office" means--
          (a)  an office under Her Majesty;
          (b)  an office created or continued in existence by a public general Act; or
          (c)  an office the remuneration in respect of which is paid out of money provided by Parliament."")
 
258A     Insert the following new Clause-- 
 ("Town and village greens 
     .--(1) Section 22 of the Commons Registration Act 1965 (interpretation) is amended as follows.
 
    (2)  In subsection (1), in the definition of "town or village green" for the words after "lawful sports and pastimes" there is substituted "or which falls within subsection (1A) of this section.
 
    (3)  After that subsection there is inserted--
        (1A)  Land falls within this subsection if it is land on which for not less than twenty years a significant number of the inhabitants of any locality, or of any neighbourhood within a locality, have indulged in lawful sports and pastimes as of right, and either--
      (a)  continue to do so, or
      (b)  have ceased to do so for not more than such period as may be prescribed, or determined in accordance with prescribed provisions.
        (1B)  If regulations made for the purposes of paragraph (b) of subsection (1A) of this section provide for the period mentioned in that paragraph to come to an end unless prescribed steps are taken, the regulations may also require registration authorities to make available in accordance with the regulations, on payment of any prescribed fee, information relating to the taking of any such steps.".")
Registration of town and village greens.
  
Schedule 16
 
  
BY THE LORD WHITTY
 
259     Page 144, line 3, at end insert-- 
 
("1980 c. 66.The Highways Act 1980. Section 134(5).")
 
260     Page 144, line 5, column 3, at end insert-- 
 
("In section 57(1), the words "on such scale as may be so prescribed,".")
 
261     Page 146, line 16, at end insert-- 
 ("{cf17}PART VI 
 {cf17}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
 
262     Page 61, line 14, leave out ("and 16") and insert ("to 17") 
262A     Page 61, line 21, after ("10,") insert ("11") 
263     Page 61, line 22, at end insert--
    ("sections (Local access forums) and (Local access forums: supplementary).")
 
  
BY THE LORD WILLIAMS OF ELVEL
 
264     Page 61, line 22, at end insert--
 
    ("(  )  Part II comes in to force on such day as the Secretary of State may by order made by statutory instrument appoint, such order to be made before the end of the period of twelve months beginning with the day on which this Act is passed.")
 
  
BY THE BARONESS BYFORD
THE LORD LUKE
 
264A     Page 61, line 23, at beginning insert ("Subject to subsection (3A) below,") 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
264AA     Page 61, line 26, at end insert (", provided that the remaining provisions of Part I of this Act shall not come into force until the Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales) has brought into force regulations making effective provision for notification to all members of the public proposing to enter onto access land of what exclusions or restrictions of access to that land are in force at the time.") 
  
BY THE BARONESS BYFORD
THE LORD LUKE
 
264B     Page 61, line 26, at end insert--
 
    ("(3A)  No order shall be made under subsection (3) above bringing section 2 into force for any area until a code of conduct for the guidance of persons exercising the right conferred by that section, and of persons interested in access land, has been issued in accordance with section (Codes of conduct and other information) as respects England or as respects Wales as may be appropriate.")
 
  
Clause 93
 
  
BY THE LORD WHITTY
 
265     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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