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

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Maps in conclusive form to be receivable in evidence

   

Mr Gordon Prentice

NC6

To move the following Clause:—

    '.—(1) A map in conclusive form shall be conclusive for the purposes of determining that the land so shown is access land as defined in this Act and for the purposes of determining the said boundary at the relevant date.

    (2) A document purporting to be certified on behalf of the appropriate countryside body to be a copy of or any part of a conclusive map shall be receivable in evidence and shall be deemed, unless the contrary is shown, to be such a copy.'.


Areas of special scientific interest: miscellaneous amendments

   

Mr David Heath
Mr Elfyn Llwyd

NC7

To move the following Clause:—

    ' .—(1) Section 15 of the Countryside Act 1968 (areas of special scientific interest) shall be amended as follows.

    (2) In the title, for "areas of special scientific interest" there is substituted "agreements for the management of flora, fauna etc".

    (3) Subsection (1) is omitted.

    (4) In subsection (2)—

      (i) after "for the purpose of conserving" the word "those" is omitted;

      (ii) after "physiographical features" there is inserted "of special interest species listed in Schedules 1, 5 or 8 to the Wildlife and Countryside Act 1981, and species or habitats which in the opinion of the Secretary of State are priorities for action under the Convention on Biological Diversity,";

      (iii) after the words "owners, lessees and occupiers of any" the word "such" is omitted; and

      (iv) after the words "of any such land" the words "(or of any adjacent land)" are omitted.'.


Power of arrest

   

Mr David Heath
Mr Elfyn Llwyd

NC8

To move the following Clause:—

    ' .— In section 19 of the Wildlife and Countryside Act 1981, in subsection (1) there is inserted:

      "(e) arrest that person where the constable has reasonable grounds to believe that failure to do so would result in the concealment, alteration, loss, damage or destruction of anything which may be evidence of the commission of an offence or may be liable to be forfeited under section 21.".'.


Town or village greens

   

Chris McCafferty
Mr Gordon Prentice
Mrs Helen Brinton

NC9

To move the following Clause:—

    'In section 22 of the Commons Registration Act 1965, for the definition of "town or village green" there is substituted—

    "'town or village green' means—

      (a) land which has been allotted by or under any Act for the exercise or recreation of the inhabitants of any locality;

      (b) land on which the inhabitants of any locality have a customary right to indulge in lawful sports and pastimes;

      (c) land on which the inhabitants of any locality have indulged in lawful sports and pastimes as of right for not less than twenty years; or

      (d) land in the vicinity of, or within, any kind of residential or built-up area—

          (i) which for any period of not less than twenty years after 31st July 1970 has been used as of right for lawful sports and pastimes by the inhabitants of that area, whether or not so used by other persons; or

          (ii) whose owner has applied in a prescribed manner for its registration as a town or village green.".'.


Amendment of sections 116 and 118 of the Highways Act 1980   

Mr David Lepper

NC10

To move the following Clause:—

    '.—(1) In subsection (1) of section 116 of the 1980 Act, for the words "or a special road" there is substituted, "a special road, a footpath or a bridleway".

    (2) In section 118 of the 1980 Act there is inserted after subsection (3)—

    

        "(3A) A public path extinguishment order may provide for the stopping up of a bridleway subject to the reservation of a footpath".'.


Norfolk and Suffolk Broads

   

Mr Gordon Prentice

NC11

To move the following Clause:—

    '.— In exercising or performing any functions in relation to, or so as to affect, land in the Norfolk and Suffolk Broads, any relevant authority shall have regard to the purposes specified in section 2(1) of the Norfolk and Suffolk Broads Act 1988.'.


Diversion of public paths to protect nature conservation interest

   

Mr David Heath

NC12

To move the following Clause:—

    '.—(1) Section 119 (diversion of footpaths and bridleways) of the Highways Act 1980 is amended as follows.

    (2) In subsection (1) after "of the public" there is inserted "or of the conservation of a European site or a site of special scientific interest."

    (3) In subsection (2), after "to the public" there is omitted "with", and at the end there is inserted "except where it is necessary for the conservation of a European site or a site of special scientific interest."

    (4) In subsection (6), before (b), there is inserted "(aa) the diversion would have on the conservation of a European site or a site of special scientific interest.".'.


Use of cycle tracks by horseriders

   

Mr James Paice
Mr Damian Green
Mr Geoffrey Clifton-Brown
Mr James Gray

NC13

To move the following Clause:—

    '.Schedule (Riding or leading of horses on cycle tracks) (which makes amendments permitting the riding or leading of horses on cycle tracks) has effect.'.


Public local inquiries

   

Mr James Paice
Mr Damian Green
Mr Geoffrey Clifton-Brown

NC14

To move the following Clause:—

    '.—(1) Schedule 14 to the Wildlife and Countryside Act 1981 shall be amended as follows.

    (2) In paragraph 3(2), at the end there is inserted "or the Secretary of State may cause a public local inquiry to be held following the publicity for orders having been undertaken as prescribed in paragraph 3 of Schedule 15 pursuant to a direction from the Secretary of State to the authority.".'.


Notification of local inquiries

   

Mr James Paice
Mr Damian Green
Mr Geoffrey Clifton-Brown

NC15

To move the following Clause:—

    '. In paragraph 7(2)(a) of Schedule 15 to the Wildlife and Countryside Act 1981, after the words "to be held" there is inserted "and notify the applicant in writing of the date, time and venue of such an inquiry at least 28 days prior to the opening of that enquiry".'.


Access to crown land

   

Mr Gordon Prentice

NC17

To move the following Clause:—

    '.—(1) This section applies to Crown land.

    (2) It shall be the duty of the appropriate countryside body to prepare a code of practice the purpose of which shall be to provide guidance on the extent to which Crown land shall be made available for permissive public use under this section.

    (3) The appropriate countryside body shall consult with each appropriate authority on the contents of the code of practice referred to in subsection (2).

    (4) The appropriate authority and the local highway authority may enter into an agreement providing for permissive public access to any Crown land on such terms as they may mutually agree.

    (5) In the event that the appropriate authority unreasonably refuse to enter into an agreement with a local highway authority under subsection (4), or if any disagreement arises as to the terms of any such agreement, the local highway authority may refer the matter for decision to an inspector appointed by the Secretary of State (as respects land in England) or the National Assembly for Wales (as respects land in Wales); and in determining any issue so referred the inspector shall have regard to the code of practice prepared under subsection (2).

    (6) A local highway authority may—

      (a) erect signposts and waymarks in respect of any land which is the subject of an agreement under this section; and

      (b) carry out works for the laying out of any path, track, roadway or other route which is the subject of an agreement under this section.

    (7) In this section—

    "appropriate authority" in relation to any land means:

      (a) in the case of land belonging to Her Majesty in right of the Crown and forming part of the Crown Estate, the Crown Estate Commissioners;

      (b) in relation to any other land belonging to Her Majesty in right of the Crown, the government department having the management of that land;

      (c) in relation to land belonging to Her Majesty in right of the Duchy of Lancaster, the Chancellor of the Duchy;

      (d) in relation to land belonging to the Duchy of Cornwall, such persons as the Duke of Cornwall, or the possessor for the time being of the Duchy of Cornwall, appoints;

      (e) in the case of land belonging to a government department or held in trust for Her Majesty for the purposes of a government department, that department;

    "appropriate countryside body" has the same meaning as in Part I of this Act;

    "Crown interest" means an interest belonging to Her Majesty in right of Crown or belonging to a government department or held in trust for Her Majesty for the purposes of a government department;

    "Crown land", means land in which there is a Crown interest or a Duchy interest;

    "Duchy interest" means an interest belonging to Her Majesty in right of the Duchy of Lancaster or belonging to the Duchy of Cornwall;

    "permissive public access" means access by the public on foot, horseback or pedal cycle over any path, track, roadway or similar route in such a way as shall not give rise to the creation of public rights;

    and if any question arises as to what authority is the appropriate authority in relation to any land that question shall be referred to the Treasury whose decision shall be final.'.

 
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