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

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Clause 38
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
141     Page 23, line 36, at end insert--
    ("(  )  for the purposes of removing litter, or
    (  )  for the purposes of removing waste dumped therein")
 
  
BY THE LORD WHITTY
 
142     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
 
143     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.
  
BY THE EARL OF CAITHNESS
[As an amendment to amendment 143]
 
144     Line 14, leave out paragraphs (a) and (b) and insert--
 
("by the President of the Royal Institution of Chartered Surveyors")
 
  
BY THE LORD BRITTAN OF SPENNITHORNE
THE LORD RENTON
 
145     Insert the following new Clause-- 
     ("  .--(1)  Where an owner or a person with an interest in land proves that he has suffered a diminution in the value of his land or interest therein due to the right conferred by section 2(1), he shall be entitled to claim compensation in the same manner and on the same basis as provided under sections 70 to 72 of the National Parks and Access to the Countryside Act 1949 ("the 1949 Act") in relation to land over which an access order has been made under Part V of that Act.
 
    (2)  Regulations may be made as under section 70 of the 1949 Act.")
Compensation for diminution in value of land.
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
THE EARL PEEL
 
146     Insert the following new Clause-- 
     ("  .--(1)  Each countryside body shall, within five years after the commencement of this section, and subsequently at intervals of not more than ten years, prepare and publish a statement containing its assessment of--
    (a)  the adequacy of its management, in exercising its duties and powers under Part I of this Act, of each of the matters specified in subsection (2), and
    (b)  the action it proposes to take, if any, to improve its management of these matters.
    (2)  The matters referred to in subsection (1) are--
    (a)  the mapping of access land under Chapter I,
    (b)  discretionary and permitted closures and restrictions under Chapter II,
    (c)  the making of directions under Chapter II,
    (d)  the provision of information to the public in relation to Part I, and
    (e)  any other matters that may be specified in regulations.
    (3)  Before preparing a statement under this section each countryside body shall consult such persons as may be prescribed in regulations.")
 
147     Insert the following new Clause--Review of exercise of powers and duties in relation to access land by countryside bodies.
     ("  .--(1)  Every access authority shall, within five years after the commencement of this section, and subsequently at intervals of not more than ten years, prepare and publish a statement containing the authority's assessment of--
    (a)  the adequacy of the provision it has made in its area, in exercising its duties and powers under Part I of this Act, in relation to each of the matters specified in subsection (2), and
    (b)  the action it proposes to take, if any, to improve the provision which it has made.
    (2)  The matters referred to in subsection (1) are--
    (a)  byelaws made under section 17,
    (b)  wardens appointed under section 18,
    (c)  notices erected under section 19,
    (d)  action taken in relation to means of access under Chapter III,
    (e)  public transport services in relation to access land, and
    (f)  any other matters that may be specified in regulations.
    (3)  Before preparing a statement under this section an authority shall consult such persons as may be prescribed in regulations.")
Review of exercise of powers and duties in relation to access land by access authorities.
  
Clause 41
 
  
BY THE LORD WHITTY
 
148     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")
 
149     Page 25, line 15, after ("any") insert ("other") 
  
Clause 42
 
  
BY THE LORD WHITTY
 
150     Page 26, line 1, leave out (" 1(2)") and insert (" 1(3)") 
  
Schedule 4
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
151     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,".") 
  
Clause 45
 
  
BY THE LORD WHITTY
 
152*     Page 27, line 34, at end insert--
 
    ("(8A)  The powers conferred by section 92(5) must be so exercised as to secure that nothing in section 44 or this section affects the operation of section 53 or 54 of, or Schedule 14 or 15 to, the 1981 Act in relation to--
    (a)  a relevant order made before the commencement of section 44, or
    (b)  an application made before that commencement for a relevant order.
    (8B)  In subsection (8A) "relevant order" means an order which relates to a way shown in a definitive map and statement as a road used as a public path and which--
    (a)  is made under section 53 of the 1981 Act and contains modifications relating to that way by virtue of subsection (3)(c)(ii) of that section, or
    (b)  is made under section 54 of the 1981 Act.")
 
  
Clause 46
 
  
BY THE LORD WHITTY
 
153*     Page 28, line 5, at end insert--
 
    ("(1A)  As from the commencement of that section, any liability, under a special enactment (within the meaning of the Highways Act 1980) or by reason of tenure, enclosure or prescription, to maintain, otherwise than as a highway maintainable at the public expense, a restricted byway to which subsection (1) applies is extinguished.")
 
  
Schedule 5
 
  
BY THE LORD ROTHERWICK
 
154     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".")
 
  
BY THE LORD WHITTY
 
155*     Page 68, line 38, at end insert--
 
    ("(4A)  In subsection (4), after "public path" there is inserted ", restricted byway".")
 
  
BY THE LORD ROTHERWICK
 
156     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."")
 
157     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.")
 
158     Page 69, line 10, at end insert--
 
    ("(  )  In subsection (6), for "as appear to the authority to be" there is substituted "as are".")
 
  
BY THE LORD WHITTY
 
159*     Page 73, line 7, at end insert--
 
    ("(1A)  In subsection (1), the words "on such scale as may be so prescribed," are omitted.
 
    (1B)  In subsection (2), for "section 55(3)" there is substituted "subsection (1) or any other provision of this Part".")
 
  
BY THE LORD ROTHERWICK
 
160     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)")
 
161     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 is 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.".")
 
  
BY THE LORD WHITTY
 
162*     Page 74, line 31, leave out ("In") 
163*     Page 74, line 31, at end insert ("is amended as follows.
 
    (2)  In paragraph 3, in sub-paragraph (1)(c) after "order" there is inserted ", which must include particulars of the grounds relied on,".
 
    (3)  In sub-paragraph (9) of that paragraph--
    (a)  after "sub-paragraph" there is inserted "(1)(c) or", and
    (b)  after "limiting" there is inserted "the grounds which may be relied on or".
    (4)  In paragraph 7, in sub-paragraph (2) after "shall" there is inserted ", subject to sub-paragraph (2A),".
 
    (5)  After sub-paragraph (2) of that paragraph there is inserted--
        (2A)  The Secretary of State may, but need not, act as mentioned in sub-paragraph (2)(a) or (b) if, in his opinion, no representation or objection which has been duly made and not withdrawn relates to an issue which would be relevant in determining whether or not to confirm the order, either with or without modifications."
    (6)  In sub-paragraph (3) of that paragraph, for "the person appointed to hold the inquiry" there is substituted "any person appointed to hold an inquiry".
 
    (7)  In paragraph 8--
    (a)  in sub-paragraph (2)(a) after "the proposal" there is inserted , which must include particulars of the grounds relied on,",
    (b)  for sub-paragraph (2)(b) and (c) there is substituted--
      (b)  if any representation or objection duly made is not withdrawn (but subject to sub-paragraph (3)), hold a local inquiry or afford any person by whom any such representation or objection has been made an opportunity of being heard by a person appointed by the Secretary of State for the purpose; and
      (c)  consider the report of any person appointed to hold an inquiry or to hear representations or objections.
        (3)  The Secretary of State may, but need not, act as mentioned in sub-paragraph (2)(b) if, in his opinion, no representation or objection which has been duly made and not withdrawn relates to an issue which would be relevant in determining whether or not to confirm the order in accordance with his proposal.
        (4)  Sub-paragraph (2)(a) shall not be construed as limiting the grounds which may be relied on at any local inquiry or hearing held under this paragraph."
    (8)")
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
164     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".")
 
165     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
 
166     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.
 
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