Vote Bundle Text (900608-07)

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

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Mr Secretary Prescott

198

*Page 40, line 25 [Schedule 1], at end insert—

' "ploughing" and "drilling" include respectively agricultural or forestry operations similar to ploughing and agricultural or forestry operations similar to drilling;'.

Mr Secretary Prescott

199

*Page 41, line 2 [Schedule 2], at end insert—

'(2) Sub-paragraph (1) does not apply where the development is treated by section 191(2) of the Town and Country Planning Act 1990 as being lawful for the purposes of that Act.'.

Mr Andrew Miller

133

*Page 41, line 9 [Schedule 2], leave out 'or sailboard', and insert 'other than a manually propelled vessel'.

Mr Andrew Miller

134

*Page 41, line 9 [Schedule 2], at end insert '(and for this purpose "vessel" includes a sailboard)'.

Mr Secretary Prescott

200

*Page 41, line 10 [Schedule 2], at end insert—

'(cc) commits any criminal offence,'.

Mr Secretary Prescott

201

*Page 41, line 19 [Schedule 2], at end insert—

'(hh) uses or has with him any metal detector,'.

Mr Secretary Prescott

202

*Page 41, line 20 [Schedule 2], leave out paragraph (i).

Mr Secretary Prescott

203

*Page 41, line 22 [Schedule 2], leave out paragraph (k).

Mr Secretary Prescott

204

*Page 41, line 27 [Schedule 2], leave out paragraph (m).

Mr Secretary Prescott

205

*Page 41, line 32 [Schedule 2], leave out paragraphs (p) and (q).

Mr Secretary Prescott

206

*Page 41, line 48 [Schedule 2], at beginning insert—

'(1) In paragraph 1(hh), "metal detector" means any device designed or adapted for detecting or locating any metal or mineral in the ground.

(2)'.

Mr Damian Green
Mr James Paice
Mr Geoffrey Clifton-Brown

105

Page 42, line 3 [Schedule 2], leave out '30th June' and insert '31st July'.

Mr Damian Green
Mr James Paice
Mr Geoffrey Clifton-Brown

Page 42, line 5 [Schedule 2], leave out from 'dog' to end of line and insert ', whether the person is on the access land or is passing or re-passing on a public right of way over the access land'.

Mr Damian Green
Mr James Paice
Mr Geoffrey Clifton-Brown

107

*Page 42, line 5 [Schedule 2], after 'a', insert 'short'.

Mr Damian Green
Mr James Paice
Mr Geoffrey Clifton-Brown

108

*Page 42, line 9 [Schedule 2], after 'a', insert 'short'.

Mr Secretary Prescott

207

*Page 42 [Schedule 2], leave out lines 11 to 14.

Mr David Heath
Mr Tom Brake

Page 42, line 11 [Schedule 2], leave out from '"livestock"' to end of line 14 and insert 'includes any creature kept for the production of food, wool, or skins, or for the purpose of its use in the farming of land.'.

Mr Damian Green
Mr James Paice
Mr Geoffrey Clifton-Brown

109

*Page 42, line 11 [Schedule 2], leave out 'means' and insert 'includes'.

Mr Secretary Prescott

208

*Page 42, line 22 [Schedule 2], leave out 'access'.

Mr Secretary Prescott

209

*Page 42, line 26 [Schedule 2], at end insert—

'(aa) the variation of any direction given under this paragraph by a subsequent direction so given,'.

Mr Secretary Prescott

210

*Page 42 [Schedule 2], leave out lines 32 to 35 and insert 'has the meaning given by section 20.'.

Mr James Paice
Mr Damian Green
Mr Geoffrey Clifton-Brown

Page 42 [Schedule 2], leave out lines 36 to 39.

Mr Andrew F. Bennett
Dr David Clark

Page 43, line 35 [Schedule 3], leave out 'either of the parties' and insert 'any party'.

Mr Secretary Prescott

211

*Page 45 [Schedule 4], leave out lines 1 to 6.

Mr Secretary Prescott

212

*Page 45, line 14 [Schedule 4], at end insert—

'Countryside Act 1968

. In section 2(6) of the Countryside Act 1968 (Countryside Agency and Countryside Council for Wales to make recommendations to public bodies in relation to byelaws) for "and the Act of 1949" there is substituted ", the Act of 1949 and Part I of the Countryside and Rights of Way Act 2000".'.

Mr Secretary Prescott

227

*Page 50, line 14 [Schedule 5], at end insert—

'The Highways Act 1980 (c. 66)

. In section 116 of the 1980 Act (power of magistrates' court to authorise stopping up or diversion of highway) in subsection (4), for "or bridleway" there is substituted ", bridleway or restricted byway".

. In section 329(1) of the 1980 Act (interpretation) after the definition of "reconstruction" there is inserted—

"restricted byway" has the same meaning as in Part II of the Countryside and Rights of Way Act 2000;"'.

Mr Andrew F. Bennett
Dr David Clark
Mr Bill Michie

Page 50, line 26 [Schedule 6], at end insert—

'.After section 26 of the 1980 Act there is inserted—

"Application for a public path creation order. 26A.—(1) Any person may apply to a council for the area in which the land is situated for the making of a public path creation order to create a footpath or bridleway over the land.
    (2) An application under this section shall be in such form as may be prescribed and shall be accompanied by a map, on such scale as may be prescribed, showing the land over which the public right of way would be created, and by such other information as may be prescribed.
    (3) An application may be made by the owner, lessee or occupier of any land used for agriculture, forestry or the breeding or keeping of horses for a creation order concurrently with an application under section 118ZA or 119ZA for a public path diversion order or extinguishment order, and such an application is referred to in this section as a 'concurrent application'.
    (4) Regulations may provide—

(a) that a prescribed fee is payable on the making of a concurrent application under this section, and

(b) that further prescribed charges are payable by the applicant if the application is granted.
    (5) An application under this section is not to be taken to be received by the council until the requirements of regulations under section 121A below have been satisfied in relation to it.
    (6) A council which receives an application under this section shall, after consulting such persons as may be prescribed, determine the application as soon as reasonably practicable.
    (7) Before determining to make a public path creation order on a concurrent application under this section, the council may require the applicant to enter into an agreement with them to defray, or to make such contribution as may be specified in the agreement towards, any compensation which may become payable under section 28 below.
    (8) Where—

(a) an application under this section has been made to a council, and

(b) the council have not determined the application within twelve months of receiving it,
    the Secretary of State may, at the request of the applicant and after consulting the council, direct the council to determine the application before the end of such period as may be specified in the direction.
    (9) As soon as practicable after determining an application under this section, the council shall—

(a) give to the applicant notice in writing of their decision and the reasons for it, and

(b) give a copy of the notice to such other persons as may be prescribed.
    (10) This section has effect subject to the provisions of sections 121A and 121C below.
    (11) In this section—

'prescribed' means prescribed by regulations;

'regulations' means regulations made by the Secretary of State.".'.