NOTICES OF AMENDMENTS
given up to and including
Thursday 8th June 2000
New Amendments handed in are marked thus *
CONSIDERATION OF BILL
COUNTRYSIDE AND RIGHTS OF WAY BILL, AS AMENDED
NEW CLAUSES
Effect of Part I on powers to stop up or divert highways
Mr Secretary Prescott
NC23
*To move the following Clause:—
'.—(1) This section applies to any power to stop up or divert a highway of any description or to make or confirm an order authorising the stopping up or diversion of a highway of any description; and in the following provisions of this section—
(a) "the relevant authority" means the person exercising the power, and
(b) "the existing highway" means the highway to be stopped up or diverted.
(2) Where the relevant authority is required (expressly or by implication) to consider—
(a) whether the existing highway is unnecessary, or is needed for public use,
(b) whether an alternative highway should be provided, or
(c) whether any public right of way should be reserved,
the relevant authority, in considering that question, is not to regard the fact that any land is access land in respect of which the right conferred by section 2(1) is exercisable as reducing the need for the existing highway, for the provision of an alternative highway or for the reservation of a public right of way.
(3) Where—
(a) the existing highway is situated on, or in the vicinity of, any access land, and
(b) the relevant authority is required (expressly or by implication) to consider the extent (if any) to which the existing highway would, apart from the exercise of the power, be likely to be used by the public,
the relevant authority, in considering that question, is to have regard, in particular, to the extent to which the highway would be likely to be used by the public at any time when the right conferred by section 2(1) is not exercisable in relation to the access land.
(4) In this section—
"access land " has the same meaning as in Part I;
"highway" includes part of a highway.'.
Duties relating to rights of way improvement plans
Mr Andrew F. Bennett
Dr David Clark
NC2
To move the following Clause:—
'.In delivering rights of way improvement plans it is the duty of every local highway authority other than an inner London authority to seek to ensure that action is taken to make it easier, safer and more enjoyable for people to use the local rights of way network on foot or on horseback, by means that include (without prejudice to the exercise of other powers)—
(a) the creation of new public paths (footpaths and bridleways) to link with other rights of way in the network or to avoid walking or riding on roads;
(b) the re-creation of historic routes so that they can be more closely followed by people using rights of way on foot or on horseback;
(c) measures to make local rights of way more accessible to blind or partially-sighted people and others with mobility problems, including (but not limited to) the removal of stiles or their replacement by gates;
(d) measures to make it easier, safer and more enjoyable for people on foot or on horseback to use those carriageways which provide links between footpaths, bridleways and restricted byways, including (but not limited to) the exercise of traffic calming powers and powers to make traffic regulation orders;
(e) the creation of safe and convenient means for people on foot or on horseback to cross roads and railways; and
(f) the creation of new public paths (footpaths and bridleways) where by virtue of their location on a riverbank or otherwise, such paths are at risk of ceasing to exist if the land over which they run is lost due to erosion.'.
Compensation for damage to walls, etc.
Miss Anne McIntosh
NC3
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.'.
Local sites
Miss Anne McIntosh
Mr David Heath
Mr Tom Brake
NC4
To move the following Clause:—
'.—(1) It shall be the duty of every local authority to adopt and maintain a scheme for maintaining a series of sites in their area (in this section referred to as "local sites"), to ensure the conservation, restoration and enhancement of species, habitat, geological and geomorphological features of substantive nature conservation value.
(2) The Secretary of State and the National Assembly for Wales shall from time to time give guidance with respect to the exercise of the duty of a local authority under subsection (1), and a local authority shall, in adopting and maintaining such a scheme, have regard to that guidance.
(3) Such guidance shall—
(a) specify standards for the identification of sites, notification of owners, occupiers and others and the provision of adequate information and advice as to the management of local sites;
(b) provide for the involvement of voluntary organisations, landowners and others in the adoption and maintenance of the scheme.
(4) It shall be the duty of the Nature Conservancy Council for England and the Countryside Council for Wales periodically to report on the operation and effectiveness of each scheme.
(5) In the formulation and exercise of their functions relating to land under any enactment every Minister, government department, local authority and public body shall further the conservation, restoration and enhancement of local sites.'.
Protection of certain wildlife from hunting with dogs
Mr Gordon Prentice
Chris McCafferty
Mr Brian Sedgemore
Dr Ian Gibson
Mr Bill Michie
Mr Ken Purchase
'. Schedule (Wild mammals: hunting with dogs) (which creates offences in relation to the use of dogs to hunt wild mammals and makes related provision, including consequential amendments of enactments) has effect.'.
'.—(1) It shall be the duty of the Secretary of State and the National Assembly for Wales to ensure the preparation, maintenance and revision of lists of species and habitats in respect of which special measures shall be taken to monitor their population status in view of their vulnerability or international importance, and to determine—
(2) It shall be the duty of every Minister, government department, local authority and public body, so far as it is consistent with their primary functions, to further the objectives of Species Action Plans and Habitat Action Plans.'.
'.—(1) In this Part "owner", in relation to any land, means, subject to subsection (2), any person, other than a mortgagee not in possession, who, whether in his own right or as trustee for another person, is entitled to receive the rack rent of the land, or, where the land is not let at a rack rent, would be so entitled if it were so let.
(2) "Owner" shall also include the tenant under a farm business tenancy within the meaning of the Agricultural Tenancies Act 1995 or a tenancy to which the Agricultural Holdings Act 1986 applies, and any holder of a sporting licence in respect of any land.'.
'.—In paragraph 13(2) of Schedule 15 to the 1981 Act, after the definition of "council offices" there is inserted—
Mr Andrew F. Bennett
Dr David Clark
'.—In section 22 of the Commons Registration Act 1965, for the definition of "town or village green" there is substituted—
