S.C.B.
Amendment Paper as at
Tuesday 9th May 2000
STANDING COMMITTEE B
New Amendments handed in are marked thus *
COUNTRYSIDE AND RIGHTS OF WAY BILL
NOTE
The Amendments have been arranged in accordance with the Motion to be proposed by Mr Michael Meacher.
Mr Michael Meacher
To move, That the remainder of the Bill be considered in the following order: Clauses 32 to 42, Schedule 4, Clauses 43 to 47, Schedule 5, Clause 48, Clauses 53 to 59, Schedule 8, Clauses 60 and 61, Clauses 49 and 50, Schedule 6, Clause 51, Schedule 7, Clause 52, Clause 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
Mr Geoffrey Clifton-Brown
290
Clause 32, page 18, line 3, at the beginning insert
'( ) In making any determination regarding a means of access pursuant to this Chapter, the access authority, Secretary of State or National Assembly for Wales (as the case may be) shall have regard to any need of the members of the public exercising the right conferred by section 2(1) to escape from bulls or cows likely to be present on or near the access land.'.
Chris McCafferty
520
Clause 32, page 18, line 16, at end add
'(d) a way leading to any access land'.
Mr David Heath
483
Clause 33, page 18, line 21, at end insert
'( ) the erection or maintenance of any signs or notices associated with a means of access.'.
Mr James Paice
Mr Damian Green
Mr Geoffrey Clifton-Brown
428
Clause 33, page 18, line 31, at end insert
'(1A) The access authority shall have regard to the effect of the carrying out and use of the works or the imposition of the restriction upon the management and viability of the access land and adjoining land in determining whether to exercise its powers under this section'.
Mr James Paice
Mr Damian Green
Mr Geoffrey Clifton-Brown
429
Clause 33, page 18, line 31, at end insert
'(1A) The access authority shall have regard to the desirability of preserving and enhancing hedges and dry stone walls in determining whether to exercise its powers under this section.'.
Mr James Paice
Mr Damian Green
Mr Geoffrey Clifton-Brown
430
Clause 33, page 18, line 31, at end insert
'(1A) The access authority shall defray costs incurred by the owner or occupier in carrying out any works which the agreement provides and pay consideration for the imposition of any restriction.'.
Mr James Paice
Mr Damian Green
Mr Geoffrey Clifton-Brown
431
Clause 33, page 18, line 34, leave out from 'authority' to end of line 39.
Mr James Paice
Mr Damian Green
Mr Geoffrey Clifton-Brown
432
Clause 34, page 18, line 45, at end insert
'(1A) Notice under subsection (1) shall be given to the person by whom under the agreement the cost (apart from the authority's contributions) of carrying out the works would fall to be borne.'.
Mr James Paice
Mr Damian Green
Mr Geoffrey Clifton-Brown
398
Clause 34, page 19, line 22, at end add
'(6A) A notice given under this section shall contain an explanatory note containing or summarising sections 32 to 34 and 36 and explaining the right of appeal under section 36.'.
Mr Michael Meacher
457
Clause 35, page 19, line 32, leave out from 'are' to end of line 33 and insert 'satisfied that they are unable to conclude, on terms appearing to them to be reasonable, an agreement with the owner or occupier of the land for the carrying out of the works'.
Mr James Paice
Mr Damian Green
Mr Geoffrey Clifton-Brown
399
Clause 35, page 19, line 32, leave out 'owner' and insert 'owners'.
Mr James Paice
Mr Damian Green
Mr Geoffrey Clifton-Brown
400
Clause 35, page 19, line 33, leave out 'occupier' and insert 'occupiers'.
Mr James Paice
Mr Damian Green
Mr Geoffrey Clifton-Brown
401
Clause 35, page 19, line 48, at end add
'(4A) The access authority shall have regard to the desirability of preserving and enhancing hedges and dry stone walls in determining whether to exercise its powers under this section.'.
Mr James Paice
Mr Damian Green
Mr Geoffrey Clifton-Brown
402
Clause 35, page 19, line 48, at end add
'(4A) The access authority shall compensate the owner or occupier of the land for any loss occasioned by the giving of a notice or copy of a notice under this section or the carrying out of works under subsection (4).'.
Mr James Paice
Mr Damian Green
Mr Geoffrey Clifton-Brown
403
Clause 35, page 19, line 48, at end add
'(4A) A notice given under this section shall contain an explanatory note containing or summarising sections 32 to 36 and explaining the right of appeal under section 36.'.
Chris McCafferty
521
Clause 35, page 19, line 48, at end add
'(5) In considering whether to give any notice under subsection (1) the access authority shall take into consideration any representations made to it by any person as to the non-existence or insufficiency of any means of access to the land.
(6) Regulations may make provision for means of access to be depicted on the draft or conclusive map (as the case may be).'.
Mr James Paice
Mr Damian Green
Mr Geoffrey Clifton-Brown
404
Clause 36, page 20, line 1, after 'section', insert '34(1),'.
Mr James Paice
Mr Damian Green
Mr Geoffrey Clifton-Brown
405
Clause 36, page 20, line 2, at end insert 'or any person by whom under the agreement the cost of carrying out the works would fall to be borne.'.
Mr James Paice
Mr Damian Green
Mr Geoffrey Clifton-Brown
406
Clause 36, page 20, line 5, at end insert
'( ) An appeal against a notice under section 34(1) may be brought on any of the following grounds
(a) that the notice requires the carrying out of any works which are not required by the agreement,
(b) that any of the works have already been carried out,
(c) that the required time has not expired, and
(d) that the notice was not given as required under section 34.'.
Mr James Paice
Mr Damian Green
Mr Geoffrey Clifton-Brown
407
Clause 36, page 20, line 9, at end insert
'( ) that the notice was not given as required under section 34,'.
Mr James Paice
Mr Damian Green
Mr Geoffrey Clifton-Brown
408
Clause 36, page 20, line 17, at end insert
'( ) that the notice, or any copy of the notice, was not given as required under section 35,'.
Mr James Paice
Mr Damian Green
Mr Geoffrey Clifton-Brown
409
Clause 36, page 20, line 17, at end insert
'( ) that the access authority failed to take reasonable steps to make an agreement before giving notice under section 35,'.
Mr David Heath
484
Clause 37, page 21, line 5, leave out 'may' and insert 'shall'.
Mr James Paice
Mr Damian Green
Mr Geoffrey Clifton-Brown
410
Clause 37, page 21, line 9, after first 'which', insert 'the specified period has not expired, or'.
Mr Damian Green
Mr James Paice
Mr Geoffrey Clifton-Brown
339
Clause 38, page 22, line 13, after 'the', insert 'owner and the'.
Mr James Paice
Mr Damian Green
Mr Geoffrey Clifton-Brown
411
Clause 38, page 22, line 17, leave out 'dwelling-house' and insert 'building, mobile home, caravan or tent or the curtilage of a building.'.
Mr Damian Green
Mr James Paice
Mr Geoffrey Clifton-Brown
291
Clause 40, page 22, line 37, after '3', insert 'or paragraph 3 of Schedule 2'.
Mr Damian Green
Mr James Paice
Mr Geoffrey Clifton-Brown
292
Clause 40, page 22, line 37, after '3', insert 'or paragraph 4(2) of Schedule 2'.
Mr James Paice
Mr Damian Green
Mr Geoffrey Clifton-Brown
412
Clause 40, page 22, line 41, leave out 'annulment in pursuance of' and insert 'approval by'.
Mr Damian Green
Mr James Paice
Mr Geoffrey Clifton-Brown
294
Clause 41, page 23, line 37, leave out '2(5) or'.