S.C.B.
NOTICES OF AMENDMENTS
given up to and including
Thursday 23rd March 2000
Mr Michael Meacher
That, during proceedings on the Countryside and Rights of Way Bill, the Committee do meet on Tuesdays at half-past Ten o'clock and at half-past Four o'clock and on Thursdays at Ten o'clock and at half-past Two o'clock.
New Amendments handed in are marked thus *
STANDING COMMITTEE B
COUNTRYSIDE AND RIGHTS OF WAY BILL
Mr Damian Green
Mr James Paice
2
*Clause 1, page 1, line 10, at beginning insert—
'In this Part "access land" means any land which is shown as access land on a map in conclusive form issued by the appropriate countryside body for the purpose of this Part.
( ) Land may be shown as access land on such a map if—
(a) it is open country; or
(b) it is registered common land
but does not (in any of those cases) include excepted land or land which is treated by section 15(1) as being accessible to the public apart from this Act.'.
Mr Damian Green
Mr James Paice
1
*Clause 1, page 1, line 10, leave out subsection (1).
Mr Damian Green
Mr James Paice
3
*Clause 1, page 1, line 13, leave out 'registered'.
Mr Damian Green
Mr James Paice
4
*Clause 1, page 1, line 13, at end insert 'and is more than 50 hectares in extent'.
Mr Damian Green
Mr James Paice
7
*Clause 1, page 1, leave out lines 14 to 16.
Mr Damian Green
Mr James Paice
5
*Clause 1, page 1, line 14, leave out 'registered'.
Mr Damian Green
Mr James Paice
6
*Clause 1, page 1, line 14, leave out 'outside Inner London'.
Mr Damian Green
Mr James Paice
8
*Clause 1, page 1, line 16, at end insert 'and is more than 50 hectares in extent'.
Mr Damian Green
Mr James Paice
9
*Clause 1, page 1, line 17, leave out from beginning to 'or' in line 18.
Mr Damian Green
Mr James Paice
12
*Clause 1, page 1, leave out lines 17 and 18.
Mr Damian Green
Mr James Paice
10
*Clause 1, page 1, line 17, after 'above', insert 'means'.
Mr Damian Green
Mr James Paice
11
*Clause 1, page 1, line 17, after 'level', insert 'at Newlyn'.
Mr Damian Green
Mr James Paice
13
*Clause 1, page 2, line 1, after 'Part', insert ', unless a contrary intention appears'.
Mr Damian Green
Mr James Paice
86
*Clause 1, page 2, line 9, at end insert—
'"designated access point" means a means of access to access land shown on a map in conclusive form issued by the appropriate countryside body for the purposes of this Part:'.
Mr Damian Green
Mr James Paice
14
*Clause 1, page 2, line 12, at end insert—
' "Inner London" means the area comprising the Inner London boroughs, the City of London, the Inner Temple and the Middle Temple;
"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 (as defined by section 22 of the Commons Registration Act 1965) and sporting rights, and references to a person interested in land shall be construed accordingly;
"local highway authority" has the same meaning as in the Highways Act 1980;
"local or private Act" includes an Act confirming a provisional order.'.
Mr Damian Green
Mr James Paice
15
*Clause 1, page 2, line 12, at end insert—
'"land" does not include land covered by water'.
Mr Damian Green
Mr James Paice
87
*Clause 1, page 2, line 12, at end insert—
'"hours of daylight" means the periof between one hour before sunrise and one hour after sunrise;'.
Mr Damian Green
Mr James Paice
88
*Clause 1, page 2, line 12, at end insert—
'"local access forum" means an unincorporated body comprising representatives of farmers, landowners and walkers in an area of access land;'.
Mr Damian Green
Mr James Paice
17
*Clause 1, page 2, line 13, leave out 'includes' and insert 'means'.
Mr Damian Green
Mr James Paice
16
*Clause 1, page 2, line 14, at end insert—
'"open air recreation" means recreational activities usually carried out in the open air'.
Mr Damian Green
Mr James Paice
18
*Clause 1, page 2, line 16, leave out from '(a)' to 'of' in line 17 and insert 'consists'.
Mr Damien Green
Mr James Paice
19
*Clause 1, page 2, line 17, leave out 'wholly or predominantly'.
Mr Damien Green
Mr James Paice
20
*Clause 1, page 2, line 17, after 'predominantly' insert 'that is, 75 per cent. or more of the area,'.
Mr Damien Green
Mr James Paice
21
*Clause 1, page 2, line 17, leave out 'mountain'.
Mr Damien Green
Mr James Paice
22
*Clause 1, page 2, line 17, leave out 'moor'.
Mr Damien Green
Mr James Paice
24
*Clause 1, page 2, line 17, leave out ', heath or down' and insert 'or heath'.
Mr Damien Green
Mr James Paice
23
*Clause 1, page 2, line 17, leave out 'heath'.
Mr Damien Green
Mr James Paice
25
*Clause 1, page 2, line 18, leave out 'registered'.
Mr Damian Green
Mr James Paice
27
*Clause 1, page 2, line 18, at end insert—
' "owner", in relation to any land, means subject to subsection (2A), any person, other than a mortgagee not in possession, who, whether in his own right or as trustee for another person, is entitled to receive the rack rent of the land, or, where the land is not let at a rack rent, would be so entitled if it were so let;
"prescribed" means prescribed by regulations;'.
Mr Damien Green
Mr James Paice
26
*Clause 1, page 2, leave out lines 19 to 21.
Mr Damian Green
Mr James Paice
28
*Clause 1, page 2, line 21, at end add—
' "regulations" means regulations made by the Secretary of State (as respects England) or by the National Assembly for Wales (as respects Wales);
"telecommunications code" and "telecommunications code systems" have the same meaning as in Schedule 4 to the Telecommunications Act 1984.
(2A) In relation to any land which is subject to a farm business tenancy within the meaning of the Agricultural Tenancies Act 1995 or a tenancy to which the Agricultural Holdings Act 1986 applies, the definition of "owner" in subsection (2) does not apply where it is excluded by section 20(4) or by paragraph 6(2) of Schedule 2.
(2B) For the purposes of this Part, the Broads are to be treated as a National Park and the Broads Authority as a National Park authority.
(2C) In subsection (2B) "the Broads" has the same meaning as in the Norfolk and Suffolk Broads Act 1988.'.
Mr Damian Green
Mr James Paice
76
*Clause 2, page 2, line 23, leave out 'remain on' and insert 'walk over'.
Mr Damian Green
Mr James Paice
77
*Clause 2, page 2, line 23, after 'land', insert 'during hours of daylight'.
Mr Damiain Green
Mr James Paice
123
*Clause 2, page 2, line 23, after 'recreation', insert 'on foot'.
Mr Damian Green
Mr James Paice
92
*Clause 2, page 2, line 24, at end insert—
'( ) he enters by means of a designated access point,'.
Mr Damian Green
Mr James Paice
78
*Clause 2, page 2, line 25, after 'breaking', insert 'climbing over'.
Mr Damian Green
Mr James Paice
79
*Clause 2, page 2, line 25, after 'hedge', insert 'stile'.
Mr Damian Green
Mr James Paice
80
*Clause 2, page 2, line 27, at end insert 'exclusions or'.
Mr Damiain Green
Mr James Paice
124
*Clause 2, page 2, line 28, at end insert 'and
(c) he enters the land not earlier than one hour before sunrise on any day and leaves the land not later than one hour after sunset on the same day'.
