S.C.B.
Amendment Paper as at
Thursday 11th 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 Order of the Committee [9th May], as follows:—
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 David Heath
599
Clause 54, page 28, line 39, at end insert—
'( ) each local access forum within their area;'.
Mr David Heath
601
Clause 54, page 28, line 43, at end insert—
'(da) in relation to section 53(2)(ca), the Nature Conservancy Council for England or the Countryside Council for Wales (as appropriate);'.
Mr David Kidney
Mr David Heath
644
Clause 54, page 28, line 44, leave out 'where any long-distance route passes through their area'.
Mr James Paice
Mr Damian Green
Mr Geoffrey Clifton-Brown
607
Clause 54, page 28, line 46, at end insert—
'( ) organisations prescribed by the Wildlife and Countryside Act 1981 to receive public path and definitive map orders'.
Mr Damian Green
Mr James Paice
Mr Geoffrey Clifton-Brown
645
Clause 54, page 28, line 46, at end insert—
'(ea) such bodies appearing to them to be representative of owners or occupiers of land;'.
Mr Gordon Prentice
595
Clause 54, page 29, line 1, after 'as', insert 'may be prescribed or as'.
Mr Gordon Prentice
596
Clause 54, page 29, line 33, at end add—
'"prescribed" means prescribed by regulations;
"regulations" means regulations made by the Secretary of State.'.
Mr Michael Meacher
646
Clause 56, page 30, line 3, leave out from 'person' to end of line 7 and insert 'who alleges, as respects any highway for which a local highway authority other than an inner London authority are the highway authority—
(a) that the highway falls within subsection (2), and
(b) that it is obstructed by an obstruction to which this section applies,
may serve on the highway authority notice requesting them to secure the removal of the obstruction from the highway.'.
Mr David Lepper
585
Clause 56, page 30, line 6, leave out 'within subsection (2) below'.
Mr David Lepper
586
Clause 56, page 30, line 8, leave out subsection (2).
Mr James Paice
Mr Damian Green
Mr Geoffrey Clifton-Brown
643
Clause 56, page 30, leave out lines 9 to 11 and insert 'a way shown in a definitive map and statement as a footpath, bridleway, restricted byway, or byway open to all traffic.'.
Mr Michael Meacher
508
Clause 56, page 30, line 10, after 'as' insert 'a restricted byway or'.
Mr James Paice
Mr Damian Green
Mr Geoffrey Clifton-Brown
608
Clause 56, page 30, line 11, at end insert—
'(2A) The court shall make an order under this section if it is satisfied—
(a) that the obstruction is one to which this section applies; and
(b) that the highway authority has a duty under section 130(3) to secure the removal of the obstruction; and
(c) that the obstruction significantly interferes with the exercise of public rights of way over that way'.
Mr David Lepper
587
Clause 56, page 30, line 15, leave out 'or 154' and insert ', 154, 164 or Schedule 12A'.
Mr David Lepper
588
Clause 56, page 30, line 22, leave out from 'of' to end of line 27 and insert 'a permanent building which is in use as a dwelling'.
Mr James Paice
Mr Damian Green
Mr Geoffrey Clifton-Brown
609
Clause 56, page 30, leave out lines 23 to 27 and insert 'a permanent building'.
Mr James Paice
Mr Damian Green
Mr Geoffrey Clifton-Brown
610
Clause 56, page 30, leave out lines 25 to 27.
Mr Michael Meacher
647
Clause 56, page 30, leave out lines 38 to 41 and insert—
'(b) so far as reasonably practicable, on every person who it appears to them may be for the time being responsible for the obstruction, a notice informing that person that a notice under subsection (1) above has been served in relation to it and stating what, if any, action the authority propose to take.
(5A) For the purposes of subsection (5)(b) above the persons responsible for an obstruction include any person who has possession or control of it or who may be required to remove it.'.
Mr Michael Meacher
509
Clause 56, page 31, line 8, leave out 'reference to a restricted byway' and insert 'references to a restricted byway and to a way shown in a definitive map and statement as a restricted byway'.
Mr James Paice
Mr Damian Green
Mr Geoffrey Clifton-Brown
611
Clause 56, page 31, line 28, at end insert ', having regard to the number and seriousness of obstructions in respect of which they have such a duty'.
Mr David Lepper
589
Clause 56, page 31, line 33, leave out from first 'that' to end of line 37 and insert 'the way obstructed is a highway for which the authority is the highway authority'.
Mr Michael Meacher
Mr James Paice
Mr Damian Green
Mr Geoffrey Clifton-Brown
550
Clause 56, page 31, line 33, leave out 'the fact that'.
Mr Michael Meacher
Mr James Paice
Mr Damian Green
Mr Geoffrey Clifton-Brown
551
Clause 56, page 31, line 34, leave out 'is not seriously disputed'.
Mr James Paice
Mr Damian Green
Mr Geoffrey Clifton-Brown
612
Clause 56, page 31, line 35, after 'disputed', insert ', an entry in the definitive map and statement of a way specified in subsection (2) of that section being conclusive as to its status for the purposes of this section'.
Mr Michael Meacher
648
Clause 56, page 31, line 39, at end insert—
'(za) that the fact that the way obstructed is a highway within section 130A(2) above is seriously disputed,'.
Mr Michael Meacher
649
Clause 56, page 31, line 40, at beginning insert 'on any other grounds,'.
Mr David Lepper
590
Clause 56, page 31, line 44, leave out from 'time' to end of line 46.
Mr Michael Meacher
650
Clause 56, page 31, line 46, at end insert—
'( ) Where an application is dismissed by virtue of paragraph (za), (a) or (b) of subsection (5) above the court, in determining whether and if so how to exercise its power under section 64(1) of the Magistrates' Courts Act 1980 (costs), shall have particular regard to any failure by the highway authority to give the applicant appropriate notice of and information about the grounds relied on by the authority under that paragraph.'.
Mr David Lepper
591
Clause 56, page 31, line 46, at end insert—
'(5A) A court shall not have power to make an order for costs against an applicant who has satisfied it as to the matters specified in subsection (4).'.
Mr David Lepper
592
Clause 57, page 32, line 28, at end insert—
'(5) It shall be the duty of the local highway authority to monitor from time to time the compliance with any order made under subsection (1) above, and to bring proceedings under subsection (4) if the obstruction is not removed within the time specified in the order.'.
Mr James Paice
Mr Damian Green
Mr Geoffrey Clifton-Brown
613
Clause 58, page 32, line 43, at end insert—
'( ) In subsection (1)(c) of that section after the words "cycle way" there is inserted "a restricted byway".'.
Mr James Paice
Mr Damian Green
Mr Geoffrey Clifton-Brown
552
Clause 58, page 33, line 20, leave out from 'the' to second 'the' in line 21 and insert 'purposes of nature conservation and heritage protection in.'
Mr James Paice
Mr Damian Green
Mr Geoffrey Clifton-Brown
553
Clause 58, page 33, line 22, leave out from 'to' to 'area' in line 23 and insert 'nature conservation and heritage protection in the.'.
