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Index of Amendments


Amendment Paper as at
Tuesday 23rd May 2000




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 Michael Meacher


Schedule     12,     page     81,     line     32,     at end insert—


'1992 c. 42.


The Transport and Works Act 1992.


In Schedule 2, paragraphs 5(2), (4)(a), (d) and (e), (6) and (7), 6(2)(b) and 10(4)(a).'.


Mr Michael Meacher


Schedule     12,     page     81,     line     36,     at beginning insert—


'1970 c. 30.


The Conservation of Seals Act 1970.


Section 10(4)(c) and the following word "or".


1980 c. 66.


The Highways Act 1980.


Section 105A(6)(c).'.


Mr Michael Meacher


Schedule     12,     page     81,     line     36,     column     3,     at end insert—




'In section 67(2), the word "29,".

In Schedule 11, in each of paragraphs 7(2) and 8, the words "29 or".'.


Mr Michael Meacher


Schedule     12,     page     81,     line     37,     at end insert—

'1985 c. 31.The Wildlife and Countryside (Amendment) Act 1985.Section 2.
1985 c. 59.The Wildlife and Countryside (Service of Notices) Act 1985.Section 1(2).
1988 c. 4.The Norfolk and Suffolk Broads Act 1988.In Schedule 3, paragraph 31(1).
1990 c. 43.The Environmental Protection Act 1990.In Schedule 9, paragraph 11(9) to (11).'.


Mr Gordon Prentice
Chris McCafferty


Schedule     12,     page     82,     line     3,     at end insert—

'1 & 2 Will 4 c. 32.Game Act 1831In section 35 the words "to any person hunting or coursing upon any lands with hounds or greyhounds, and being in fresh pursuit of any deer, hare or fox already started upon any other land, nor".
23 & 24 Vict c. 90Game Licences Act 1860In section 5, exceptions 3 and 4 (so far as extending to England and Wales)'.

Mr Michael Meacher


Schedule     12,     page     82,     line     8,     leave out 'Section 3(1)(c).'.


Mr Gordon Prentice
Chris McCafferty


Schedule     12,     page     82,     line     29,     at end insert—

'1992 c. 51Protection of Badgers Act 1992Section 8(4) to (9) (so far as extending to England and Wales).'.


Mr Gordon Prentice
Chris McCafferty
Mr John Cryer


Clause     73,     page     38,     line     4,     at end insert—

    'section (Protection of certain wildlife from hunting with dogs)'.


Mr Michael Meacher


Clause     73,     page     38,     leave out line 16 and insert 'Part III (apart from section 67(2) and (3)) and Schedules 9, 10, and 11 and Parts III and IV of Schedule 12.'.


Mr Michael Meacher


Clause     74,     page     38,     line     35,     leave out 'by section 63(2)' and insert 'in Schedule 10'.


Creation, stopping-up and diversion of public rights of way


Mr Michael Meacher


To move the following Clause:—

    '. The Highways Act 1980 (in this Act referred to as "the 1980 Act") has effect subject to the amendments in Part I of Schedule (Amendments relating to creation, stopping-up and diversion of public rights of way) (which relate to the creation, stopping-up and diversion of public rights of way); and Part II of that Schedule (which contains consequential amendments of other Acts) has effect.'.

Access in Wales


Mr David Heath
Mr Elfyn Llwyd


To move the following Clause:—

    '.All matters relating to public access to land in Wales shall be determined by the National Assembly for Wales, which for this purpose may—

      (a) define those areas of land in Wales to which the public shall have an entitlement to access;

      (b) direct the Countryside Council for Wales to prepare, in respect of Wales, such maps as may be required to identify land relevant to Part I;

      (c) determine such processes for appeal as the National Assembly for Wales may consider appropriate;

      (d) consider such regulation for access to land in Wales as may be required; and

      (e) assume any powers and authority in respect of Wales such as may be conferred by virtue of Part I on the Secretary of State in respect of land in England.'.

Local access fora


Mr David Heath
Mr Elfyn Llwyd


To move the following Clause:—

    '.It shall be the duty of an access authority to establish for each local area a local access forum, comprising representatives of landowners and agricultural, environmental, recreational and such other interests as may seem to the access authority to be relevant to access land in that area, for the purpose of consultation on any matter relating to access.'.

Compensation for damage to walls, etc.


Miss Anne McIntosh


To move the following Clause:—

    '.Any person who, on entering or remaining on access land for the purposes of open-air recreation, causes damage to a wall, fence, hedge, stile or gate, shall make good that damage and compensate the landowner for any damage so caused.'.

Areas of outstanding natural beauty


Mr Gordon Prentice
Mr David Lepper
Mr Huw Edwards
Mrs Helen Brinton
Mr David Kidney
Chris McCafferty
Mr Martin Caton


To move the following Clause:—

    '.Schedule (Areas of Outstanding Natural Beauty) (Areas of outstanding natural beauty) (which makes amendments to the National Parks and Access to the Countryside Act 1949 and the Town and Country Planning Act 1990) has effect.'.

Power to extend to riverside and woodland


Mr David Lepper
Mr Gordon Prentice


To move the following Clause:—

    '.—(1) The Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales) may by order amend the definition of "open country" in section 1(2) to include a reference to riverside and woodland of any description.

    (2) An order under this section may—

      (a) make consequential amendments of other provisions of this Part, and

      (b) modify the provisions of this Part in their application to land which is open country merely because it is woodland or riverside (as the case may be).

    (3) In this section "woodland" means any land wholly or predominantly covered by trees or used for the growing or cultivation of trees.

    (4) In this section—

      "river" includes a stream and the tidal part of a river or stream; and

      "riverside" means a strip along the adjacent or adjoining land on both sides of any river, which shall be wide enough to allow passage on foot adjacent or adjoining to the water and shall include the banks, walls or embankments along the water.'.

Maps in conclusive form to be receivable in evidence


Mr Gordon Prentice


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


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
Mr James Paice
Mr Damian Green
Nr Geoffrey Clifton-Brown


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.".'.

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Prepared 23 May 2000