Vote Bundle Text (900509-02)

Amendments proposed to the Countryside and Rights of Way Bill - continued	House of Commons

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Mr Damian Green

Mr James Paice

Mr Geoffrey Clifton-Brown

293

Page 23, line 1, leave out Clause 41.

Mr Michael Meacher

493

Clause 43, page 24, line 16, leave out from first 'and' to 'of' in line 17 and insert 'sections 44 to 48, "definitive map and statement" has the same meaning as in Part III'.

Mr Michael Meacher

494

Clause 44, page 24, line 27, at end insert—

'; and subsection (1) applies accordingly to any way as so diverted, widened or extended.'.

Mr James Paice
Mr Damian Green
Mr Geoffrey Clifton-Brown

556

Clause 44, page 24, leave out lines 28 to 30.

Mr Michael Meacher

495

Clause 44, page 24, line 28, leave out from 'apply' to end of line 30 and insert 'to any way, or part of a way, over which immediately before the commencement of section 43 there was no public right of way.'.

Mr James Paice
Mr Damian Green
Mr Geoffrey Clifton-Brown

557

Clause 44, page 24, line 41, leave out 'a right of way for mechanically propelled vehicles or'.

Mr Michael Meacher

496

Clause 44, page 25, line 2, leave out from 'include' to second 'of' in line 3 and insert 'a vehicle falling within paragraph (c) of section 189(1)'.

Mr Gordon Prentice

522

Clause 45, page 25, line 20, at end insert—

'(2A) Every way which is shown in a definitive map and statement as a byway open to all traffic, a bridleway or a footpath in pursuance of an order made under section 55(5) of the 1981 Act to give effect to the reclassification of a way shown in the map and statement under review as a road used as a public path shall, from the commencement of this section, be a highway maintainable at public expense.'.

Mr Michael Meacher

497

Clause 45, page 25, line 21, leave out from beginning to 'a' and insert 'Nothing in subsections (1) and (2) or in section 44(1) obliges'.

Mr Gordon Prentice

523

Clause 45, page 25, line 21, leave out 'and (2)' and insert ',(2) or (2A)'.

Mr Michael Meacher

498

Schedule 5, page 44, line 28, at end insert—

'( ) In subsection (3)(a)(iii), after "public path" there is inserted "or a restricted byway".'.

Mr Michael Meacher

499

Schedule 5, page 44, leave out lines 30 to 37 and insert—

(a) that before the commencement of section 43 of the Countryside and Rights of Way Act 2000 the public had a right of way for vehicular and all other kinds of traffic over that way, and

(b) that the public continue to have that right of way over it.

(4B) For the purposes of subsection (3)(c)(ii), such evidence is evidence which, when so considered, shows that the way concerned ought to be shown in the definitive map and statement as a byway open to all traffic."

( ) After subsection (5) there is inserted—

Mr Gordon Prentice

525

Schedule 5, page 45, line 40, at end insert—

'Register of applications under section 53. 53B.—(1) Every surveying authority shall keep, in such manner as may be prescribed, a register containing such information as may be prescribed with respect to applications under section 53(5) above.
    (2) The register shall contain such information as may be prescribed with respect to the manner in which such applications have been dealt with.
    (3) Regulations may make provision for the register to be kept in two or more parts, each part containing such information relating to applications as may be prescribed.
    (4) Regulations may make provision—

(a) for a specified part of the register to contain copies of applications and of the maps submitted with them, and

(b) for the entry relating to any application, and everything relating to it, to be removed from any part of the register when the application (including any appeal arising out of it) has been finally disposed of (without prejudice to the inclusion of any different entry relating to it in another part of the register).
    (5) Every register kept under this section shall be available for inspection by the public free of charge at all reasonable hours.
    (6) In this section—

"prescribed" means prescribed by regulations;
"regulations" means regulations made by the Secretary of State.'.

Mr Michael Meacher

500

Schedule 5, page 48, line 31, leave out from 'for' to second 'byway' in line 32 and insert 'the words from "any public path" to the end there is substituted "any highway along which the route passes and which is a public path, a restricted byway or a way shown in a definitive map and statement as a restricted byway or'.

Mr Michael Meacher

501

Schedule 5, page 48, line 34, leave out from 'for' to end of line 36 and insert 'the words from "existing public paths" to "route passes" there is substituted "existing highways falling within paragraph (a) of that subsection".'.

Mr James Paice
Mr Damian Green
Mr Geoffrey Clifton-Brown

528

Schedule 5, page 49, line 6, at end insert—

'The Highways Act 1980

11A. In section 31 of the 1980 Act, after subsection (6) there is inserted—

"(7) Use of a way by vehicles other than mechanically propelled vehicles shall not be a use which may give rise to the dedication or presumed dedication of a highway over which the public have rights to use mechanically propelled vehicles either under this section or otherwise.".'

Mr James Paice
Mr Damian Green
Mr Geoffrey Clifton-Brown

529

Schedule 5, page 49, line 6, at end insert—

'11B. In subsection (4) of section 116 of 1980 Act, for "or bridleway" there is substituted ", bridleway or restricted byway".'.

Mr Michael Meacher

502

Schedule 5, page 49, line 11, leave out 'or bridleway' and insert ', bridleway or byway open to all traffic'.

Mr Michael Meacher

503

Schedule 5, page 49, line 12, leave out from '1981,' to 'is' in line 13.

Mr Michael Meacher

504

Clause 48, page 26, line 10, leave out 'make' and insert—

'(a) provide for any relevant provision applying to highways, or to highways of a particular description, not to apply, or to apply with or without modification, to restricted byways or to ways shown in a definitive map and statement as restricted byways, and

(b) without prejudice to paragraph (a), make in any relevant provision'.

Mr Michael Meacher

505

Clause 48, page 26, line 12, leave out from '46' to second 'in' in line 13 and insert 'or provision made by virtue of that paragraph.

( ) In subsection (1) "relevant provision" means a provision contained—

(a)''.

Mr James Paice
Mr Damian Green
Mr Geoffrey Clifton-Brown

530

Clause 48, page 26, leave out lines 13 and 14.

Mr James Paice
Mr Damian Green
Mr Geoffrey Clifton-Brown

531

Clause 48, page 26, line 16, leave out subsection (2).

Mr Gordon Prentice

524

Clause 48, page 26, line 22, at end add—

'(4) Before making any regulations under this section the Secretary of State shall consult such organisations representing users or potential users of restricted byways as he thinks fit.'.

Mr James Paice
Mr Damian Green
Mr Geoffrey Clifton-Brown

547

Clause 53, page 27, line 36, after 'assessment', insert 'and the period within which such action is proposed to be taken'.

Mr James Paice
Mr Damian Green
Mr Geoffrey Clifton-Brown

548

Clause 53, page 27, line 41, after 'public', insert ', including land managers, walkers, cyclists, horseriders and drivers of horse-drawn vehicles'.

Mr James Paice
Mr Damian Green
Mr Geoffrey Clifton-Brown

572

Clause 53, page 27, line 41, at end insert 'including land managers,'.

Mr James Paice
Mr Damian Green
Mr Geoffrey Clifton-Brown

549

Clause 53, page 27, line 41, at end insert—