to be moved
in grand committee
Leave out Clause 25 and insert the following new Clause—
After section 146 of the Highways Act 1980 insert—
“146A Power to authorise erection of stiles etc on paths or ways:
(1) This section applies where an owner, lessee or occupier represents
to a competent authority in England that, for any of the purposes
mentioned in subsection (2), it is expedient that stiles, gates or other
works should be erected on a footpath, bridleway, restricted
byway, or byway open to all traffic that crosses land in England.
(2) The purposes are:
(a) preventing or reducing crime;
(b) ensuring the safety of any persons;
(c) preventing damage to property;
(d) preventing the ingress or egress of animals; or
(e) protecting the natural environment.
(3) Where such a representation is made under subsection (1), the
competent authority may, subject to such conditions as they may
impose for maintenance and for enabling the right of way to be
exercised without undue inconvenience to the public, authorise the
erection of the stiles, gates or other works.
(4) In exercising their powers under subsection (3), the competent
authority may have regard—
(a) to the needs of persons with mobility problems, and
(b) to the guidance given by the Secretary of State as to the
exercise of those powers.
(5) Where an authorisation is granted under subsection (3), the public
right of way is to be deemed to be subject to a condition that the
stiles, gates or other works may be erected and maintained in
accordance with the authorisation and so long as the conditions
attached to it are complied with.
(6) For the purposes of section 143, any stile, gate or other works
erected in pursuance of an authorisation under this section is to be
deemed to be erected under this section only if the provisions of the
authorisation and any conditions attached to it are complied with.
(7) For the purposes of this section, the following are competent
(a) in the case of a footpath, bridleway or restricted byway
which is for the time being maintained by a non-
metropolitan district council by virtue of section 42 or 50,
the council and the highway authority;
(b) in any other case, the highway authority.
(8) In this section “byway open to all traffic” has the same meaning as
in section 66 of the Wildlife and Countryside Act 1981
(interpretation of Part III).
(9) Nothing in this section prejudices any limitation or condition
having effect apart form this section.”
After Clause 28
Insert the following new Clause—
(1) Within one year of the passing of this Act, the Secretary of State shall lay
before both Houses of Parliament a report containing an assessment of the
burdens and costs caused by the use of mechanically propelled vehicles on
unsealed rights of way to—
(a) the users of such rights of way,
(b) landowners and tenants, and
(c) other interested parties, including highway authorities, Natural
England, National Park Authorities, local authorities, parish
councils and other community organisations.
(2) A report under subsection (1) shall include—
(a) proposals to alleviate such burdens and costs, and
(b) an assessment as to whether legislation should continue to permit
mechanically propelled vehicles to use unsealed rights of way.
(3) The Secretary of State may through regulations implement any proposals
contained in the report under subsection (1).
(4) Regulations made under subsection (3) shall be made by statutory
(5) A statutory instrument under subsection (4) shall not be made unless a
draft has been laid before and approved by both Houses of Parliament.
(6) The Secretary of State shall not issue a report under subsection (1) until he
has consulted with such interested parties as he thinks fit.”