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S.C.B.

Amendment Paper as at
Tuesday 16th 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 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.'.

   

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

      (b) preserving—

          (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.".'.


   

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 Michael Meacher

657

Page     49,     line     15,     leave out Schedule 6.


   

Mr Michael Meacher

656

Page     27,     line     13,     leave out Clause 51.


   

Mr Michael Meacher

658

Page     54,     line     39,     leave out Schedule 7.

 
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Prepared 16 May 2000