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Mr James Paice
Mr Damian Green
Mr Geoffrey Clifton-Brown
554
Clause 58, page 33, line 23, leave out from 'including' to end of line 25 and insert—
'(a) conserving its flora, fauna and geological and physiographical features, and
(ii) any scheduled monument as defined by section 1(1) of the Ancient Monuments and Archaeological Areas Act 1979, or
(iii) any other structure, work, site, garden or area which is of historic, architectural, traditional, artistic or archaeological interest.'.
Mr David Lepper
583
Schedule 8, page 60, line 12, leave out 'footpath or bridleway' and insert 'way shown in a definitive map and statement as a footpath, bridleway or restricted byway'.
Mr Michael Meacher
Mr Gordon Prentice
Mr James Paice
Mr Damian Green
Mr Geoffrey Clifton-Brown
527
Schedule 8, page 60, line 12, leave out 'or bridleway' and insert ', bridleway or restricted byway'.
Mr Michael Meacher
652
Schedule 8, page 60, line 13, at end insert—
'(1A) For the purposes of subsection (1)(b) above, a way shown in a definitive map and statement as a footpath, bridleway or restricted byway is, without prejudice to section 56(1) of the Wildlife and Countryside Act 1981, to be taken to be a way of the kind shown, unless prima facie evidence is adduced to the contrary.'.
Mr Michael Meacher
653
Schedule 8, page 60, leave out lines 32 to 34 and insert—
(5) In this section—
"definitive map and statement" has the same meaning as in Part III of the Wildlife and Countryside Act 1981;
"mechanically propelled vehicle" does not include a vehicle falling within paragraph (a), (b) or (c) of section 189(1) of this Act; and
"restricted byway" has the same meaning as in Part II of the Countryside and Rights of Way Act 2000.".'.
Mr David Lepper
584
Schedule 8, page 60, line 32, after 'section', insert—
'"definitive map and statement" has the same meaning as in Part III of the Wildlife and Countryside Act 1981; and'.
Mr Gordon Prentice
526
Schedule 8, page 60, line 34, at end insert ', and "restricted byway" has the same meaning as in Part II of the Countryside and Rights of Way Act 2000'.
Mr Gordon Prentice
597
Schedule 8, page 60, line 34, at end insert—
| "Prohibition of driving mechanically propelled vehicles on highways other than made-up carriageways. | 34A.—(1) Subject to the provisions of this section any person who, without lawful authority, drives or parks a mechanically propelled vehicle on a highway other than a made-up carriageway is guilty of an offence.
(2) A person shall not be convivcted of an offence under subsection (1) if he proves to the satisfaction of the court that the vehicle was driven or (as the case may be) parked in contravention of that sub-section for the purpose of—
(a) saving life, or extinguishing fire or meeting any other like emergency; or
(b) taking part in an activity which is wholly and necessarily involved in agriculture; or
(c) that the vehicle was owned or operated by a highway authority or by a person discharging functions on behalf of a highway authority and was driven or (as the case may be) parked in contravention of that subsection in connection with the carrying out by or on behalf of that authority of the cleansing, maintenance or improvement of, or the maintenance or alteration of any structure or other work situated in, the carriageway or its verges.
(3) "Made-up carriageway" shall have the same meaning as in the Highways Act 1980.
(4) For the purpose of this section a highway shall not be deemed to be provided with a surface suitable for the passage of vehicles if the surface or any section of the surface is made up in whole or in part of stones or other similar material which are not set into some other form of material intended to bind the same together and to form a continuous surface.
(5) A highway authority (or in a National Park a National Park Authority) may by order (a "traffic authorisation order") declare that a carriageway which is not a made-up carriageway may be used by a mechanically propelled vehicle or mechanically propelled vehicles of any class specified in the order whether generally or on a particular occasion or occasions, at all times or at times on day or during periods so specified or in any other specified circumstances or subject to any specified conditions.
(6) It shall be the duty of every authority upon which functions are conferred by this section before making a traffic authorisation order to have regard to the following matters—
(a) the desirability of securing and maintaining access to premises;
(b) the need to ensure that damage is not caused to the surface of the carriageway;
(c) the need to conserve and enhance the natural beauty, wildlife and cultural heritage of the carriageway and land in the vicinity of the carriageway;
(d) the extent to which made-up carriageways in the area meet the present and likely future needs of drivers or riders (as the case may be) of mechanically propelled vehicles;
(e) the opportunities which rights of way in the area provide for use by the drivers and riders (as the case may be) of mechanically propelled vehicles;
(f) the need or requirement of others using or entitled to use the carriageway to be able to do so without interruption, interference or nuisance and enjoy quiet recreation;
(g) that where there is a conflict between the needs of the users of mechanically propelled vehicles and other users of the highway the authority shall attach greater weight to the needs of those other users of the highway.
(7) It is hereby declared that nothing in this section shall allow a person to claim that he has a lawful authority to use a mechanically propelled vehicle on a highway which is not a made-up carriageway by virtue of any claim that he or any other person may make that there are any rights over the said highway other than those actually recorded in the definitive map and statement prepared or maintained pursuant to Part III of the Wildlife and Countryside Act 1981.
(8) Regulations may make provision supplementing the powers of authorities under this section.
(9) Regulations under subsection (8) may in particular make provision with regard—
(a) to enabling and authorising the authority to erect barriers across carriageways to which this section applies;
(b) to enabling and authorising the authority to erect and maintain notices or signs in rural areas of a type colour and size which it considers appropriate for such regulation in rural areas;
(c) to giving powers to those authorised by the authority to carry out functions to control traffic using or attempting to use carriageways to which the section applies; and
(d) to the making, consideration and revocation of orders made under this section and to the making and consideration of objections to the proposed order.
(10) In this section "mechanically propelled vehicle" does not include a vehicle falling within paragraph (a), (b) or (c) of section 189(1) of this Act.".'.
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Mr James Paice
Mr Damian Green
Mr Geoffrey Clifton-Brown
558
Clause 49, page 26, line 30, leave out 'and forestry' and insert ', forestry and land management'.
Mr James Paice
Mr Damian Green
Mr Geoffrey Clifton-Brown
560
Clause 49, page 26, line 30, leave out 'and forestry' and insert ', forestry and the breeding and keeping of horses'.
Mr James Paice
Mr Damian Green
Mr Geoffrey Clifton-Brown
532
Clause 49, page 26, line 37, at end insert—
'(c) to have due regard to the desirability of preserving—
(i) any scheduled monument as defined by section 1(1) of the Ancient Monuments and Archaeological Areas Act 1979, or
(ii) any other structure, work, site, garden or area which is of historic, architectural, traditional, artistic or archaeological interest.'.
Mr James Paice
Mr Damian Green
Mr Geoffrey Clifton-Brown
559
Clause 49, page 27, line 9, after 'forestry', insert ', land management'.
Mr James Paice
Mr Damian Green
Mr Geoffrey Clifton-Brown
561
Clause 49, page 27, line 9, after 'forestry', insert ', the breeding and keeping of horses'.
Mr Michael Meacher
654
Page 26, line 24, leave out Clause 49.
Mr Michael Meacher
655
Page 27, line 10, leave out Clause 50.
Mr James Paice
Mr Damian Green
Mr Geoffrey Clifton-Brown
533
Schedule 6, page 49, line 22, leave out 'or bridleway' and insert 'bridleway, restricted byway or byway open to all traffic'.
Mr James Paice
Mr Damian Green
Mr Geoffrey Clifton-Brown
564
Schedule 6, page 49, line 30, leave out from 'section' to end of line 32.
Mr James Paice
Mr Damian Green
Mr Geoffrey Clifton-Brown
562
Schedule 6, page 49, line 30, at end insert—
'( ) that where any prescribed fee exceeds the costs actually incurred by the council, the fee payable shall not exceed those costs, and
( ) that prescribed fees may be reduced or waived by the council in recognition of any benefit to the public if the application is granted, and'.
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