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

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Schedule 6
 
  
BY THE LORD WHITTY
 
167     Page 76, line 11, at end insert--
 
    (". In section 26 of the 1980 Act (compulsory powers for creation of footpaths and bridleways) after subsection (3) there is inserted--
        (3A)  The considerations to which--
      (a)  the Secretary of State is to have regard in determining whether or not to confirm or make a public path creation order, and
      (b)  a local authority is to have regard in determining whether or not to confirm such an order as an unopposed order,
    include any material provision of a rights of way improvement plan prepared by any local highway authority whose area includes land over which the proposed footpath or bridleway would be created."")
 
168     Page 76, line 32, at end insert--
 
    ("1A. In section 31 of the 1980 Act (dedication of way as highway presumed after public use for 20 years), in subsection (6), in each of paragraphs (i) and (ii) for "six" there is substituted "ten".
 
    1B. After section 31 of the 1980 Act there is inserted--
 
 Register of maps, statements and declarations.     31A.--(1) The appropriate council shall keep, in such manner as may be prescribed, a register containing such information as may be prescribed with respect to maps and statements deposited and declarations lodged with that council under section 31(6) above.
 
    (2)  Regulations may make provision for the register to be kept in two or more parts, each part containing such information as may be prescribed with respect to such maps, statements and declarations.
 
    (3)  Regulations may make provision as to circumstances in which an entry relating to a map, statement or declaration, or anything relating to it, is to be removed from the register or from any part of it.
 
    (4)  Every register kept under this section shall be available for inspection free of charge at all reasonable hours.
 
    (5)  In this section--
    appropriate council" has the same meaning as in section 31(6) above;
    prescribed" means prescribed by regulations;
    regulations" means regulations made by the Secretary of State."")
 
  
BY THE LORD ROTHERWICK
 
169     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.")
 
170     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, and 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."")
 
171     Page 76, line 32, at end insert--
 
    ("  .  After section 31(11) of the 1980 Act (dedication of way as highway presumed after public use for 20 years) there is inserted--
        (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."")
 
  
BY THE LORD WHITTY
 
172     Page 76, line 38, at end insert--
 
    ("2A. In section 118 of the 1980 Act (stopping up of footpaths and bridleways) after subsection (6) there is inserted--
        (6A)  The considerations to which--
      (a)  the Secretary of State is to have regard in determining whether or not to confirm a public path extinguishment order, and
      (b)  a council is to have regard in determining whether or not to confirm such an order as an unopposed order,
    include any material provision of a rights of way improvement plan prepared by any local highway authority whose area includes land over which the order would extinguish a public right of way."")
 
173     Page 80, line 20, at end insert--
 
    ("(5)  After subsection (6) there is inserted--
        (6A)  The considerations to which--
      (a)  the Secretary of State is to have regard in determining whether or not to confirm a public path diversion order, and
      (b)  a council is to have regard in determining whether or not to confirm such an order as an unopposed order,
    include any material provision of a rights of way improvement plan prepared by any local highway authority whose area includes land over which the order would create or extinguish a public right of way."")
 
174     Page 83, line 20, leave out ("as") and insert ("for the purpose") 
175     Page 86, line 26, leave out ("subject to subsection (4) below,") 
176     Page 88, line 25, leave out ("such") and insert-- 
 ("any owner, lessee or occupier of land over which the proposed order would create or extinguish a public right of way; 
 
    (aa)  to such other")
 
177     Page 97, line 24, leave out ("the footpath or bridleway") and insert ("--
    (a)  so much of the footpath or bridleway as passes over that land, and
    (b)  so far as is requisite for effecting that diversion, so much of the footpath or bridleway as passes over other land occupied by him.")
 
178     Page 97, line 33, leave out ("five") and insert ("fourteen") 
179     Page 97, line 48, at end insert--
    ("(b)  to divert a footpath onto a highway other than a footpath or bridleway, or
    (c)  to divert a bridleway onto a highway other than a bridleway.")
 
180     Page 99, line 44, leave out ("road hump") and insert ("road-ferry") 
181     Page 100, line 10, at end insert--
 
    ("17A. In section 344 of the 1980 Act (application to Isles of Scilly) in subsection (2)(a) after "135," there is inserted "135A, 135B,".")
 
  
Clause 57
 
  
BY THE LORD WHITTY
 
181A     Page 35, line 39, after ("for") insert ("exercise and other forms of") 
182     [Withdrawn] 
  
BY THE LORD NORTHBOURNE
 
183     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,")
 
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
 
184     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,")
 
  
BY THE LORD WHITTY
 
185     Page 36, line 11, at end insert--
    (""cycle track"--
          (a)  means a way over which the public have the following, but no other, rights of way, that is to say, a right of way on pedal cycles (other than pedal cycles which are motor vehicles within the meaning of the Road Traffic Act 1988) with or without a right of way on foot; but
          (b)  does not include a way in or by the side of a highway consisting of or comprising a made-up carriageway (within the meaning of the 1980 Act);")
 
186     Page 36, line 17, after ("footpaths,") insert ("cycle tracks,") 
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
 
187     Page 36, line 21, at end insert (",  and
    (c)  cycle tracks as defined by section 329 of the Highways Act 1980")
 
  
After Clause 57
 
  
BY THE LORD NORTHBOURNE
 
188     Insert the following new Clause-- 
     ("  .--(1)  For the purposes of this section a route is a route of any shape not more than ten miles in length beginning and ending at the same point and open to the public for one or more of the following purposes--
    (a)  walking,
    (b)  wheelchair access,
    (c)  cycling,
    (d)  riding on horseback,
but not for use by mechanically propelled vehicles.
 
    (2)  In any case where a highway authority initiates a scheme to provide a new route in its area which will involve two or more of the actions listed in subsection (4) below, it may declare that the scheme is to be treated under the provisions of this section as a route to be developed as a whole (an "integral route").
 
    (3)  In any case where a highway authority makes a declaration under subsection (2) above that a proposed new route is to be promoted as an integral route the following provisions shall apply--
    (a)  in making a determination as to whether or not to approve any applications for any of the actions listed in subsection (4) below in respect of any part of the route, the authority or the magistrates' court, as the case may be, shall base their decisions on the relevant considerations set out in the 1980 Act, taking into account the benefits and disadvantages to the public of the new route as a whole;
    (b)  where the authority or the magistrates' court, as the case may be, makes a determination against any one or more of the applications relating to the integral route, the highway authority shall forthwith withdraw all applications which have been submitted for the purpose of creating the route;
    (c)  if as a result of a reference to a determination by the Secretary of State one or more of the applications relating to the route is rejected, the Authority shall forthwith withdraw all applications which have been submitted for the purpose of creating the route.
    (4)  The actions referred to in subsection (2) above are--
     
     
      (a)  the creation of a footpath or bridleway under section 25 or 26 of the 1980 Act;
      (b)  the dedication of a highway under section 30 or 31 of the 1980 Act;
      (c)  the stopping up or diversion of a highway under section 116, 117, 118 or 120 of the 1980 Act;
      (d)  the diversion of a footpath or bridleway under section 119 or 120 of the 1980 Act.")
    Designation of certain new "integral routes" as routes to be developed as a whole.
      
    Clause 58
     
      
    BY THE LORD WHITTY
     
    189     Page 36, line 36, at end insert--
      ("(da)  any local access forum established for their area or any part of it;")
     
      
    Clause 60
     
      
    BY THE LORD WHITTY
     
    190     Page 38, line 35, leave out ("56(4)") and insert ("56") 
      
    Clause 61
     
      
    BY THE BARONESS MILLER OF CHILTHORNE DOMER
    THE BARONESS SCOTT OF NEEDHAM MARKET
     
    190A     Page 42, line 18, at end insert--
     
        ("(  )  Where the offender refuses to comply with the court order, the magistrate may instruct that the obstruction be removed forthwith and the cost recovered from the offender.")
     
      
    Schedule 7
     
      
    BY THE LORD HARDY OF WATH
     
    191     Page 105, line 21, at end insert ("for which the court may order the confiscation of the vehicle in question") 
      
    BY THE LORD WILLIAMS OF ELVEL
     
    192     Page 105, line 21, at end insert--
     
        ("(1A)  For the purposes of this section a person shall only be deemed to have lawful authority if in carrying out the activity described in subsection (1) he has due regard to nature conservation.
     
        (1B)  For the purposes of subsection (1A) the Countryside Agency and the Countryside Council for Wales shall issue guidance about the nature conservation matters to which regard should be had.")
     
    193     Page 105, line 21, at end insert--
     
        ("(  )  If a person who has lawful authority does anything described in subsection (1) he shall so inform the local authority and the police force for the relevant police area.")
     
      
    BY THE LORD WHITTY
     
    194    ("the contrary is proved") 
      
    BY THE LORD WILLIAMS OF ELVEL
    THE LORD BISHOP OF HEREFORD
    [As an amendment to amendment 194]
     
    194A     Line 2, leave out ("is") and insert ("has been") 
      
    BY THE LORD HARDY OF WATH
     
    195     Page 105, line 28, leave out ("fifteen") and insert ("five") 
      
    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.
     
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