Vote Bundle Text (900608-08)

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

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Mr Secretary Prescott

228

*Page 51, line 2 [Schedule 6], leave out from '(f)' to first 'a' in line 4.

Mr Secretary Prescott

229

*Page 51, line 6 [Schedule 6], after second 'of' insert 'a special diversion order or'.

Mr Damian Green
Mr James Paice
Mr Geoffrey Clifton-Brown

Page 51, line 21 [Schedule 6], leave out from 'section' to end of line 24.

Mr Damian Green
Mr James Paice
Mr Geoffrey Clifton-Brown

Page 51, line 21 [Schedule 6], at end insert—

'( ) that where any prescribed fee exceeds the costs actually incurred by the council, the fee payable shall not exceed those costs, and

( ) that prescribed fees may be reduced or waived by the council in recognition of any benefit to the public if the application is granted, and'.

Mr Andrew F. Bennett
Dr David Clark
Mr Bill Michie

Page 51, line 41 [Schedule 6], leave out 'four' and insert 'twelve'.

Mr Andrew F. Bennett
Dr David Clark

Page 52, line 17 [Schedule 6], leave out from beginning to end of line 30 on page 53.

Mr Secretary Prescott

230

*Page 52, line 19 [Schedule 6], leave out from 'that' to 'of' in line 21 and insert 'as respects any relevant highway for which they are the highway authority and which is in an area designated by the Secretary of State by order for the purposes of this section, the conditions in subsection (1B) below are satisfied and it is expedient, for the purpose'.

Mr Damian Green
Mr James Paice
Mr Geoffrey Clifton-Brown

113

*Page 52, line 19 [Schedule 6], leave out 'footpath or bridleway', and insert 'relevant highway'.

Mr David Heath
Mr Tom Brake

Page 52, line 19 [Schedule 6], leave out from 'is' to second 'area' in line 20 and insert 'in their'.

Mr Damian Green
Mr James Paice
Mr Geoffrey Clifton-Brown

114

*Page 52, line 19 [Schedule 6], leave out 'both'.

Mr Damian Green
Mr James Paice
Mr Geoffrey Clifton-Brown

115

*Page 52, line 20 [Schedule 6], leave out 'and in a designated urban area'.

Mr Secretary Prescott

231

*Page 52, line 23 [Schedule 6], leave out 'path or way' and insert 'highway'.

Mr Secretary Prescott

232

*Page 52, line 24 [Schedule 6], leave out 'footpath or bridleway in their area' and insert 'relevant highway for which they are the highway authority and'.

Mr Damian Green
Mr James Paice
Mr Geoffrey Clifton-Brown

116

*Page 52, line 24 [Schedule 6], leave out 'footpath or bridleway' and insert 'relevant highway'.

Mr Secretary Prescott

233

*Page 52, line 26 [Schedule 6], leave out 'in the interests' and insert 'for the purpose'.

Mr Secretary Prescott

234

*Page 52, line 34 [Schedule 6], leave out 'path or way' and insert 'highway'.

Mr Secretary Prescott

235

*Page 52 [Schedule 6], leave out lines 35 to 37 and insert—

'(1A) In subsection (1) above "relevant highway" means—

(a) any footpath, bridleway or restricted byway,

(b) any highway which is shown in a definitive map and statement as a footpath, a bridleway, or a restricted byway, but over which the public have a right of way for vehicular and all other kinds of traffic, or

but does not include a highway that is a trunk road or a special road.

(1B) The conditions referred to in subsection (1)(a) above are—

(a) that premises adjoining or adjacent to the highway are affected by high levels of crime, and

(b) that the existence of the highway is facilitating the persistent commission of criminal offences.'.

Mr Damian Green
Mr James Paice
Mr Geoffrey Clifton-Brown

117

*Page 52, line 35 [Schedule 6], leave out 'footpath or bridleway' and insert 'relevant highway'.

Mr Damian Green
Mr James Paice
Mr Geoffrey Clifton-Brown

118

*Page 52, line 36 [Schedule 6], leave out 'footpath or bridleway' and insert 'relevant highway'.

Mr Secretary Prescott

236

*Page 52, line 41 [Schedule 6], leave out 'path or way' and insert 'highway'.

Mr Secretary Prescott

237

*Page 52, line 45 [Schedule 6], leave out 'path or way' and insert 'highway'.

Mr Secretary Prescott

238

*Page 52, line 47 [Schedule 6], leave out from beginning to end of page 53, line 19 and insert—

'(6) The Secretary of State shall not confirm a special extinguishment order made by virtue of subsection (1)(a) above, and a council shall not confirm such an order as an opposed order, unless he or, as the case may be, they are satisfied that the conditions in subsection (1B) above are satisfied, that the stopping up of the highway is expedient as mentioned in subsection (1)(a) above and that it is expedient to confirm the order having regard to all the circumstances, and in particular to—

(a) whether and, if so, to what extent the order is consistent with any strategy for the reduction of crime and disorder prepared under section 6 of the Crime and Disorder Act 1998,

(b) the availability of a reasonably convenient alternative route or, if no reasonably convenient alternative route is available, whether it would be reasonably practicable to divert the highway under section 119B below rather than stopping it up, and

(c) the effect which the extinguishment of the right of way would have as respects land served by the highway, account being taken of the provisions as to compensation contained in section 28 above as applied by section 121(2) below.

(6A) The Secretary of State shall not confirm a special extinguishment order made by virtue of subsection (1)(b) above, and a council shall not confirm such an order as an opposed order unless he or, as the case may be, they are satisfied that the stopping up of the highway is expedient as mentioned in subsection (1)(b) above and that it is expedient to confirm the order having regard to all the circumstances, and in particular to—

(a) any other measures that have been or could be taken for improving or maintaining the security of the school,

(b) whether it is likely that the coming into operation of the order will result in a substantial improvement in that security,

(c) the availability of a reasonably convenient alternative route or, if no reasonably convenient alternative route is available, whether it would be reasonably practicable to divert the highway under section 119B below rather than stopping it up, and

(d) the effect which the extinguishment of the right of way would have as respects land served by the highway, account being taken of the provisions as to compensation contained in section 28 above as applied by section 121(2) below.'.

Mr Damian Green
Mr James Paice
Mr Geoffrey Clifton-Brown

119

*Page 53, line 27 [Schedule 6], at end insert—

'(8A) In this section "relevant highway" has the meaning given in section 119D(2).'.

Mr Secretary Prescott
Mr David Heath
Mr Tom Brake
Mr Damian Green
Mr James Paice
Mr Geoffrey Clifton-Brown

239

*Page 53 [Schedule 6], leave out lines 28 to 30.

Mr Andrew F. Bennett
Dr David Clark

Page 53, line 29 [Schedule 6], leave out from 'State' to end of line 30 and insert 'under section 121F below'.

Mr Andrew F. Bennett
Dr David Clark

Page 53, line 31 [Schedule 6], leave out '118C' and insert '118B'.

Mr Secretary Prescott

240

*Page 53, line 31 [Schedule 6], leave out from 'council' to end of line 35 and insert 'for the making by virtue of section 118B(1)(b) above of a special extinguishment order in relation to any highway for which the council are the highway authority and which—

(a) crosses land occupied for the purposes of the school, and

(b) is a relevant highway as defined by section 118B(1A) above.'.

Mr Damian Green
Mr James Paice
Mr Geoffrey Clifton-Brown

120

*Page 53, line 34 [Schedule 6], leave out 'footpath or bridleway' and insert 'relevant highway'.

Mr Damian Green
Mr James Paice
Mr Geoffrey Clifton-Brown

Page 54, line 35 [Schedule 6], leave out from 'section' to end of line 38.

Mr Damian Green
Mr James Paice
Mr Geoffrey Clifton-Brown

Page 54, line 35 [Schedule 6], at end insert—

'( ) that where any prescribed fee exceeds the costs actually incurred by the council, the fee payable shall not exceed those costs, and

( ) that prescribed fees may be reduced or waived by the council in recognition of any benefit to the public if the application is granted, and'.