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

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Clause 77
 
  
BY THE LORD WHITTY
 
26     Page 54, line 15, leave out ("Council") and insert ("body") 
  
Clause 86
 
  
BY THE LORD WHITTY
 
27     Page 61, line 13, at end insert--
 
("and shall not make the order unless satisfied that the majority of those local authorities consent.")
 
28     Page 61, line 19, at end insert--
 
("and shall not make the order unless satisfied that the majority of those local authorities consent.")
 
  
After Clause 90
 
  
BY THE LORD RENTON OF MOUNT HARRY
 
29     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 95
 
  
BY THE LORD WHITTY
[Paragraph (c) is printed on Corrigendum sheet HL Bill 132(Cor.)]
 
30     Page 68, after line 15, leave out paragraph (c) and insert--
    ("(c)  any other interests especially relevant to the authority's area.")
 
  
Clause 100
 
  
BY THE LORD WHITTY
 
31     Page 71, line 4, leave out (", 130B".") and insert ("to 130D", and
    (b)  before "146" there is inserted "137ZA(5)".")
 
  
Clause 103
 
  
BY THE LORD WHITTY
 
32*     Page 71, line 32, after ("7") insert ("(apart from paragraphs 5A and 5B of that Schedule)") 
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
 
33*     Page 71, line 35, at end insert (", and
    section 98")
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
34*     Page 71, line 39, at end insert ("and until that day, the existing civil penalties with regard to trespass will apply") 
  
Schedule 1
 
  
BY THE LORD WHITTY
 
35     Page 73, line 21, at end insert--
 
    ("9A. Land within 20 metres of a building which is used for housing livestock, not being a temporary or moveable structure.")
 
  
BY THE LORD HARDY OF WATH
 
36     Page 73, line 26, at end insert--
 
    ("  .  Land within Sites of Special Scientific Interest and officially recognised nature reserves whose access may need to be urgently and temporarily limited in order to protect rare species of fauna and flora.")
 
  
BY THE LORD WHITTY
 
37     Page 74, line 17, at end insert--
 
    ("14A. The land which is excepted land by virtue of paragraph 9A does not include--
    (a)  any means of access, as defined by section 34, or
    (b)  any way leading to such a means of access,
if the means of access is necessary for giving the public reasonable access to access land.")
 
  
Schedule 2
 
  
BY THE LORD WHITTY
 
38     Page 74, line 40, after ("fishing,") insert ("trapping,") 
39     Page 75, line 24, after ("a") insert ("short") 
  
BY THE LORD HARDY OF WATH
 
40     Page 75, line 24, at end insert ("unless this is with the approval of the owner and occupier of the land") 
  
BY THE LORD WHITTY
 
41     Page 75, line 26, after ("a") insert ("short") 
42     Page 75, line 27, at end insert--
 
    ("5A. In paragraphs 4 and 5, "short lead" means a lead of fixed length and of not more than two metres.")
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
43*     Page 75, line 27, at end insert--
 
    ("  .--(1)  Save as hereinafter provided a person is not entitled to enter on access land at night with a dog or to be on access land at night with a dog unless prevented from leaving it by unforeseen circumstances.
 
    (2)  Sub-paragraph (1) above does not apply--
    (a)  where the land has been designated by the appropriate countryside body as suitable for access at night with dogs; and any such designation may impose such conditions or limitations as appear to be appropriate; or
    (b)  to dogs which are on the land for some necessary or useful purposes, such as search or rescue.
    (3)  In this paragraph, "night" means the period from one hour after sunset to one hour before sunrise.")
 
  
Schedule 4
 
  
BY THE LORD WHITTY
 
44     Page 78, line 26, at end insert-- 
 ("Wildlife and Countryside Act 1981 (c. 69) 
     6. In paragraph 13(1) of Schedule 13 to the Wildlife and Countryside Act 1981 (Countryside Agency's annual report on the discharge of their functions) after "1968 Act" there is inserted ", the Countryside and Rights of Way Act 2000".") 
  
Schedule 6
 
  
BY THE LORD WHITTY
 
45     Page 87, line 19, leave out from beginning to ("the") and insert ("to have due regard to--
    (a)")  
 
46     Page 87, line 21, leave out from beginning to ("the") 
47     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
 
48     Page 117, leave out line 32 and insert ("and not subject to any other rights") 
  
BY THE LORD WHITTY
 
49*     Page 117, line 32, after ("unless") insert ("(subject to section 34A of this Act)") 
  
BY THE LORD WILLIAMS OF ELVEL
THE LORD WILLIAMSON OF HORTON
 
50*     Page 117, line 32, at end insert--
 
    ("(  )  Where a defendant, having used a mechanically propelled vehicle on a footpath, 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.")
 
  
BY THE LORD WHITTY
 
51*     Page 117, line 50, at end insert--
 
    ("(5A)  Subsection (2) above and section 34A of this Act do not extend to Scotland.")
 
52*     Page 118, line 11, at end insert--
 
    ("5A. After that section there is inserted--
 
 Exceptions to presumption in section 34(2).     34A.--(1) Where a person is charged with an offence under section 34 of this Act in respect of the driving of any vehicle, it is open to that person to prove under subsection (2) of that section that a way shown in a definitive map and statement as a footpath, bridleway or restricted byway is not a way of the kind shown only--
    (a)  if he proves to the satisfaction of the court--
          (i)  that he was a person interested in any land and that the driving of the vehicle by him was reasonably necessary to obtain access to the land,
          (ii)  that the driving of the vehicle by him was reasonably necessary to obtain access to any land, and was for the purpose of obtaining access to the land as a lawful visitor, or
          (iii)  that the driving of the vehicle by him was reasonably necessary for the purposes of any business, trade or profession; or
    (b)  in such circumstances as may be prescribed by regulations made by the Secretary of State (and paragraph (a) above is without prejudice to this paragraph).
    (2)  In subsection (1) above--
    interest", in relation to land, includes any estate in land and any right over land, whether the right is exercisable by virtue of the ownership of an estate or interest in land or by virtue of a licence or agreement, and in particular includes rights of common and sporting rights, and the reference to a person interested in land shall be construed accordingly;
    lawful visitor", in relation to land, includes any person who enters the land for any purpose in the exercise of a right conferred by law."
 
     5B. In section 195 of that Act--
    (a)  in subsection (3), after "that section)" there is inserted "34A", and
    (b)  in subsection (4), after "14" there is inserted ", 34A".")
 
  
Schedule 11
 
  
BY THE LORD WHITTY
 
53     Page 145, line 43, at end insert--
    ("and as if, in subsection (2)(a), after "paragraphs (a) to (k)" there were inserted "and paragraph (n)"")
 
  
Schedule 12
 
  
BY THE LORD MARLESFORD
THE LORD BUXTON OF ALSA
THE LORD HARDY OF WATH
THE LORD MONSON
 
54     Page 149, line 26, leave out from ("conviction") to ("to") in line 27 
55     Page 149, line 28, leave out (", or to both") 
56     Page 149, line 29, leave out sub-paragraph (3) 
 
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Prepared 23 November 2000