S.C.B.
Amendment Paper as at
Thursday 30th March 2000
STANDING COMMITTEE B
COUNTRYSIDE AND RIGHTS OF WAY BILL
NOTE
The Amendments have been arranged in accordance with the Order of the Committee [28th March], as follows:
Clause 1, Schedule 1, Clause 2, Schedule 2, Clauses 3 to 8, Schedule 3, Clauses 9 to 42, Schedule 4, Clauses 43 to 47, Schedule 5, Clauses 48 to 50, Schedule 6, Clause 51, Schedule 7, Clauses 52 to 59, Schedule 8, Clauses 60 to 62, Schedule 9, Clause 63, Schedule 10, Clauses 64 to 67, Schedule 11, Clauses 68 to 72, Schedule 12, Clauses 73 and 74, new Clauses, new Schedules.
Mr Damian Green
Mr James Paice
13
Clause 1, page 2, line 1, after 'Part', insert ', unless a contrary intention appears'.
Mr David Heath
154
Clause 1, page 2, leave out lines 7 to 9.
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 period between one hour before sunrise and one hour after sunset;'.
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 David Heath
153
Clause 1, page 2, line 12, at end insert—
'"local access forum" means a body established by the access authority under section (Local access fora) for the purpose of consultation, and comprising representatives of landowners, agricultural, environmental, recreational and such other interests as may be considered by the access authority to be relevant to access land in a particular area;'.
Mr Damian Green
Mr James Paice
17
Clause 1, page 2, line 13, leave out 'includes' and insert 'means'.
Mr Gordon Prentice
143
Clause 1, page 2, line 14, at end insert 'and land below 600 metres above sea level as specified by the appropriate countryside body;'.
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 David Heath
209
Clause 1, page 2, line 17, leave out 'predominantly' and insert 'almost entirely'.
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
29
Schedule 1, page 39, line 5, at end insert—
'. Land comprising a highway.'.
Mr Damian Green
Mr James Paice
30
Schedule 1, page 39, line 5, at end insert—
'. Formerly cultivated land which is subject to a "set-aside" scheme.'.
Mr Damian Green
Mr James Paice
31
Schedule 1, page 39, line 5, at end insert—
'. Land used for the keeping of horses.'.
Mr Damian Green
Mr James Paice
32
Schedule 1, page 39, line 5, at end insert—
'. Land used for animal pens or enclosures.'.
Mr Damian Green
Mr James Paice
33
Schedule 1, page 39, line 5, at end insert—
'. Land within 50 metres of a dwelling-house.'.
Mr Damian Green
Mr James Paice
34
Schedule 1, page 39, line 5, at end insert—
'. Land covered by a mobile home, caravan, marquee or tent or within 10 metres of such mobile home, caravan, marquee or tent.'.
Mr Damian Green
Mr James Paice
35
Schedule 1, page 39, line 5, at end insert—
'. Land covered by hardstanding.'.
Mr Damian Green
Mr James Paice
36
Schedule 1, page 39, line 5, at end insert—
'. Land used for outdoor storage.'.
Mr Damian Green
Mr James Paice
37
Schedule 1, page 39, line 5, at end insert—
'. Land used or previously used as a cemetery or burial ground.'.
Mr Damian Green
Mr James Paice
38
Schedule 1, page 39, line 5, at end insert—
'. Land used for the purposes of a sports pitch or an athletics track.'.
Mr Damian Green
Mr James Paice
39
Schedule 1, page 39, line 5, at end insert—
'. Land used as a swimming pool.'.
Mr Damian Green
Mr James Paice
40
Schedule 1, page 39, line 5, at end insert—
'. Land used as a shooting range.'.
Mr Damian Green
Mr James Paice
41
Schedule 1, page 39, line 5, at end insert—
'. Land used for clay pigeon shooting.'.
