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Mr Andrew F. Bennett
Dr David Clark
79
Page 69, line 17 [Schedule 6], at end insert—
| 'Designation orders. | 121F.—(1) The Secretary of State shall have power to make an order (in this section referred to as a "designation order") designating an urban area as an area in which sections 118B and 119B for the time being apply.
(2) A designation order may be made only on the application of the local highway authority for the area which is the subject of the order.
(3) Such an application must be made in such form and accompanied by such information as shall be prescribed.
(4) Before submitting an application the local highway authority shall—
(a) give notice of its intention to submit an application;
(b) permit inspection free of charge of the application and supporting information;
(c) provide the opportunity for objections and representations to be made; and
(d) consult such bodies as may be prescribed;
in such form and manner as may be prescribed.
(5) In his consideration of the application and any objections and representations made to the local highway authority the Secretary of State—
(a) may hold a public inquiry;
(b) shall be required to satisfy himself that the proposed designation is consistent with any strategy for the reduction of crime and disorder prepared under section 6 of the Crime and Disorder Act 1998;
(c) may reject the application or approve it in the terms of the application or such varied terms as he shall think fit but so that in the case of variation the area referred to in the order may not be greater than that referred to in the application.
(6) An order made by the Secretary of State under this section shall be accompanied by a plan showing the designated area and the routes of all the footpaths and bridleways within the area.
(7) An order made by the Secretary of State under this section shall be for a period not exceeding five years, and the Secretary of State shall have power to make one or more further orders for subsequent periods, but only upon receipt of further application.
(8) Where an order has been made by the Secretary of State the authority shall—
(a) publicise the making of the order; and
(b) keep available for public inspection free of charge a copy of the order and of the plan referred to in subsection (6) above in such a manner as shall be prescribed.
(9) In this section "prescribed" means prescribed by regulations made by the Secretary of State.'.
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Mr Secretary Prescott
273
*Page 69, line 32 [Schedule 6], at end insert—
'( ) after the definition of "cycle track" there is inserted—
' "definitive map and statement" has the same meaning as in Part III of the Wildlife and Countryside Act 1981;";'.
Mr David Heath
Mr Tom Brake
45
Page 75, line 14 [Schedule 7], leave out 'prima facie'.
Sir George Young
Mr John Maples
Mr Richard Page
Mr Dominic Grieve
Mr David Prior
Mr David Rendel
135
*Page 75, line 32 [Schedule 7], at end insert—
'(5A) A person shall be deemed to have and to always have had lawful authority if that person is driving a mechanically propelled vehicle on to or upon a way or track across common land in order to gain access to or egress from a dwellinghouse where the access is across that common land.'.
Sir George Young
Mr John Maples
Mr Richard Page
Mr Dominic Grieve
Mr David Prior
Mr David Rendel
136
*Page 75, line 32, [Schedule 7], at end insert—
'(5A) Where a way across a common has been used as the vehicular access to a dwellinghouse as of right and without the access having been called into question by proceedings for 20 years prior to 3rd November 1999 then any person shall have lawful authority to drive a mechanically propelled vehicle to and from the dwellinghouse.'.
Mr Tim Collins
131
*Page 75, line 40 [Schedule 7], at end insert—
'5A. After section 34 of that Act there is inserted—
"34A.(1) Subject to the provisions of this section any person who, without lawful authority, drives or parks a mechanically propelled vehicle on a highway other than a made-up carriageway is guilty of an offence.
(2) A person shall not be convicted of an offence under subsection 1 if he proves to the satisfaction of the court that the vehicle was driven or (as the case may be) parked in contravention of that subsection for the purpose of—
(a) saving life, or extinguishing fire or meeting any other like emergency, or
(b) taking part in an activity which is wholly and necessarily involved in agriculture
(c) that the vehicle was owned or operated by a highway authority or by a person discharging functions on behalf of a highway authority and was driven or (as the case may be) parked in contravention of that subsection in connection with the carrying out by or on behalf of that authority of any of the following, that is, the cleansing, maintenance or improvement of, or the maintenance or alteration of any structure or other work situated in, the carriageway or its verges.
(3) "Made-up carriageway" shall have the same meaning as in the Highways Act 1980.
(4) For the purpose of this section a highway shall not be deemed to be provided with a surface suitable for the passenger of vehicles if the surface or any section of the surface is made up in whole or in part of stones or other similar material which are not set into some other form of material intended to bind the same together and to form a continuous surface.
(5) A highway authority or in a National Park a National Park Authority may by order (a "traffic authorisation order") declare that a carriageway which is not a made-up carriage way may be used by a mechanically propelled vehicle or mechanically propelled vehicles of any class specified in the order whether generally or on a particular occasion or occasions, at all times or at times on days or during periods so specified or in any other specified circumstances or subject to any specified conditions.
(6) It shall be the duty of every authority upon whom functions are conferred by this section before making a traffic authorisation order to have regard to the following matters:—
(a) the desirability of securing and maintaining access to premises,
(b) the need to ensure that damages is not caused to the surface of the carriageway,
(c) the need to conserve and enhance the natural beauty, wildlife and cultural heritage of the carriageway and land in the vicinity of the carriageway.'.
Mr David Heath
Mr Tom Brake
46
Page 77 [Schedule 8], leave out line 18.
Mr David Heath
Mr Tom Brake
47
Page 77, line 44 [Schedule 8], at end insert '; or
(c) where subsequent notification under section 28(1) has been given and confirmed under section 28(5) in relation to an area of land previously notified under section 28(1) then the previous notification shall cease to have effect.'.
Mr Damian Green
Mr James Paice
Mr Geoffrey Clifton-Brown
93
Page 79, line 6 [Schedule 8], at end insert—
'( ) that the operation is carried out in accordance with the terms of an agreement with any of the authorities specified in section 28E(3) of this Act'.
Mr Secretary Prescott
281
*Page 81, line 16 [Schedule 8], leave out from 'functions' to end of line 17 and insert 'so far as their exercise is likely to affect the flora, fauna or geological or physiographical features by reason of which a site of special scientific interest is of special interest.'.
Mr David Heath
Mr Tom Brake
48
Page 81, line 17 [Schedule 8], at end insert 'and in relation to land not included in a site of special scientific interest where the exercise of its functions would affect such land.'.
Mr David Heath
Mr Tom Brake
49
Page 81, line 41 [Schedule 8], after 'functions,', insert 'any operation specified in a notification made under section 28(1) and any'.
Mr Damian Green
Mr James Paice
Mr Geoffrey Clifton-Brown
94
Page 81, line 41 [Schedule 8], leave out 'operations likely to' and insert 'any operation specified in a notification made under section 28(1)(b) or which may'.
Mr Secretary Prescott
216
*Page 84, line 30 [Schedule 8], leave out 'terms appearing to them to be reasonable' and insert 'reasonable terms'.
Mr Damian Green
Mr James Paice
Mr Geoffrey Clifton-Brown
95
Page 84, line 31 [Schedule 8], leave out 'them to'.
Mr Secretary Prescott
282
*Page 84, line 51 [Schedule 8], after 'land' insert ', and any other land,'.
Mr Secretary Prescott
217
*Page 87, line 6 [Schedule 8], leave out 'terms appearing to them to be reasonable' and insert 'reasonable terms'.
Mr Damian Green
Mr James Paice
Mr Geoffrey Clifton-Brown
96
Page 87, line 6 [Schedule 8], leave out 'them to'.
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