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Amendments to the Countryside and Rights of Way Bill

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

Here you can browse the Amendments to the Countryside and Rights of Way Bill to be moved on Third Reading in the House of Lords.

  
Clause 2
 
  
BY THE EARL PEEL
 
     Page 3, line 15, at end insert--
 
    ("(  )  Where on any day a person fails to comply with Schedule 2 or any restriction imposed under Chapter II, and, having been advised by the owner or by a person acting on his authority on two or more different occasions on the same day, on land in the same ownership, of the effect of that failure to comply, he again fails on the same day, on land in the same ownership, to comply with Schedule 2 or any restriction imposed under Chapter II, he shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 1 on the standard scale.")
 
  
After Clause 18
 
  
BY THE LORD WILLIAMSON OF HORTON
THE BARONESS BYFORD
 
     Insert the following new Clause-- 
     ("  .--(1)  Where it appears to an access authority that a person has repeatedly or persistently failed to comply with Schedule 2 or with any restriction imposed under Chapter II on any access land, the access authority shall take such steps, if any, as appear to it to be appropriate in all the circumstances to prevent or reduce future such failures.
 
    (2)  For the purposes of subsection (1), an access authority shall be entitled to all such remedies and reliefs as would have been available to the owner of, or any person interested in, that land.")
Failure to comply with Schedule 2 or Chapter II restrictions.
  
Clause 19
 
  
BY THE EARL PEEL
 
     Page 12, line 44, at end insert--
 
    ("(  )  Any notice erected under subsection (1) in relation to any area of access land which has, in whole or in part, been notified under section 28(1) of the Wildlife and Countryside Act 1981 (the "1981 Act") shall--
    (a)  state that the land has, in whole or in part, as appropriate, been so notified;
    (b)  indicate, in the form of a map or otherwise, the extent of the land so notified;
    (c)  state the nature of the offences created under section 28P(6) of the 1981 Act.")
 
  
After Clause 40
 
  
BY THE LORD BRITTAN OF SPENNITHORNE
THE LORD KINGSLAND
 
     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.
  
Clause 60
 
  
BY THE LORD WHITTY
 
     Page 39, line 28, leave out ("which local rights of way provide") and insert ("provided by local rights of way (and in particular by those within paragraph (a) of the definition in subsection (5))") 
  
Clause 64
 
  
BY THE LORD WHITTY
 
     Page 46, leave out lines 9 to 14 
     Page 46, line 18, at end insert ("; and if the offence is continued after conviction he is guilty of a further offence and liable to a fine not exceeding one-twentieth of that level for each day on which the offence is so continued.
 
    (5)  Where, after a person is convicted of an offence under subsection (4) above, the highway authority for the highway concerned exercise any power to remove the cause of the obstruction, they may recover from that person the amount of any expenses reasonably incurred by them in, or in connection with, doing so.
 
    (6)  A person against whom an order is made under subsection (1) above is not liable under section 137 above in respect of the obstruction concerned--
    (a)  during the period fixed under that subsection or any extension under subsection (2) above, or
    (b)  during any period fixed under section 311(1) below by a court before whom he is convicted of an offence under subsection (4) above in respect of the order.")
 
  
Clause 68
 
  
BY THE LORD WHITTY
 
     Page 48, line 29, leave out from ("and") to end of line 30 and insert ("no such regulations shall be made by the Secretary of State unless a draft has been laid before, and approved by a resolution of, each") 
  
Clause 70
 
  
BY THE LORD WHITTY
 
     Page 50, line 43, at end insert--
 
    ("(3)  In section 300 of that Act (right of local authorities to use vehicles and appliances on footways and bridleways), in subsection (1) after "verges," there is inserted "for preventing or removing obstructions to them or otherwise preventing or abating nuisances or other interferences with them,".
 
    (4)  In section 21(2)(b) of the Road Traffic Act 1988 (defence to charge of driving or parking on cycle track for highway authority vehicles), after "verges" there is inserted ", or the preventing or removing of obstructions to the cycle track or the preventing or abating in any other way of nuisances or other interferences with the cycle track,".")
 
  
After Clause 90
 
  
BY THE LORD RENTON OF MOUNT HARRY
 
     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, if requested to do so by the authors of the plan, a response within six months setting out--
    (a)  the steps which the Minister or the Assembly intend to take to further the targets and aims 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 100
 
  
BY THE LORD WHITTY
 
     Page 71, line 4, leave out (", 130B".") and insert ("to 130D", and
    (b)  before "146" there is inserted "137ZA(5)".")
 
  
Schedule 6
 
  
BY THE LORD WHITTY
 
     Page 87, line 19, leave out from beginning to ("the") and insert ("to have due regard to--
    (a)")  
 
     Page 87, line 21, leave out from beginning to ("the") 
     Page 87, line 23, leave out from ("features") to end of line 33 
  
Schedule 7
 
  
BY THE LORD WILLIAMS OF ELVEL
THE LORD WILLIAMSON OF HORTON
 
     Page 117, leave out line 32 and insert ("and not subject to any other rights") 
     Page 117, line 32, at end insert--
 
    ("(  )  Where a defendant, having used a mechanically propelled vehicle on a bridleway or restricted byway--
    (a)  shows the way to be necessary for access to premises owned by the defendant under freehold or leasehold title,
    (b)  provides prima facie evidence that public vehicular rights exist,
    (c)  does not have sufficient evidence of private rights of access to justify a finding of lawful authority, and
    (d)  makes and maintains an application for a definitive map modification order under section 53 of the Wildlife and Countryside Act 1981,
the court may adjourn consideration of the charge for such time as is necessary for the defendant to establish the existence of public vehicular rights.")
 
  
Schedule 12
 
  
BY THE LORD MARLESFORD
 
     Page 149, line 26, leave out from ("conviction") to ("to") in line 27 
     Page 149, line 28, leave out (", or to both") 
     Page 149, line 29, leave out sub-paragraph (3) 
 
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