Vote Bundle Text (900609-02)

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

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Bridleway rights over ways shown as bridleways

Mr Secretary Prescott

NC27

*To move the following Clause:—

'.—(1) Subject to subsections (2) and (3), the public shall, as from the day after the cut-off date, have a right of way on horseback or leading a horse over any way which—

(a) immediately before the commencement of this section is, and

(b) at the cut-off date continues to be,

a footpath which is shown in a definitive map and statement as a bridleway.

(2) Subsection (1) has effect subject to the operation of any enactment or instrument (whether coming into operation before or after the cut-off date), and to the effect of any event otherwise within section 53(3)(a) of the 1981 Act, whereby a highway is authorised to be stopped up, diverted, widened or extended; and subsection (1) applies accordingly to any way as so diverted, widened or extended.

(3) Subsection (1) does not apply in relation to any way which is, or is part of, a footpath any part of which is in an area which, immediately before 1st April 1965, formed part of the administrative county of London.

(4) Where—

Cut-off date for extinguishment etc.

(b) the regulations do not prevent subsection (1) from having effect after the cut-off date in relation to that footpath, and

all rights over that way which exist only by virtue of subsection (1) shall be extinguished when the order takes effect.

(5) In this section—

Cut-off date for extinguishment etc.

(b) expressions used in Part III of the 1981 Act have the same meaning as in that Part.'.

Cut-off date for extinguishment etc.

Mr Secretary Prescott

NC28

*To move the following Clause:—

'.—(1) The cut-off date for the purposes of sections (Extinguishment of unrecorded rights of way) and (Bridleway rights over ways shown as bridleways) is, subject to regulations under subsection (2), 1st January 2026.

(2) The Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales) may make regulations—

(a) substituting as the cut-off date for the purposes of those sections a date later than the date specified in subsection (1) or for the time being substituted under this paragraph;

(b) containing such transitional provisions or savings as appear to the Secretary of State or the National Assembly for Wales (as the case may be) to be necessary or expedient in connection with the operation of those sections, including in particular their operation in relation to any way as respects which—

(i) on the cut-off date an application for an order under section 53(2) of the 1981 Act is pending,

(ii) on that date an order under Part III of that Act has been made but not confirmed, or

(iii) after that date such an order or any provision of such an order is to any extent quashed.

(3) Regulations under subsection (2)(a)—

(a) may specify different dates for different areas; but

(b) may not specify a date later than 1st January 2031, except as respects an area within subsection (4).

(4) An area is within this subsection if it is in—

(a) the Isles of Scilly, or

(b) an area which, at any time before the repeal by section 73 of the 1981 Act of sections 27 to 34 of the National Parks and Access to the Countryside Act 1949—

(i) was excluded from the operation of those sections by virtue of any provision of the 1949 Act, or

(ii) would have been so excluded but for a resolution having effect under section 35(2) of that Act.

(5) Where by virtue of regulations under subsection (2) there are different cut-off dates for areas into which different parts of any highway extend, the cut-off date in relation to that highway is the later or latest of those dates.

(6) Regulations under this section shall be made by statutory instrument, and a statutory instrument containing such regulations made by the Secretary of State shall be subject to annulment in pursuance of a resolution of either House of Parliament.'.

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
Mr Damian Green
Mr James Paice
Mr Geoffrey Clifton-Brown

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

NC5

To move the following Clause:—

'. 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.'.

Species Action Plans and Habitat Action Plans

Mr David Heath
Mr Tom Brake

NC6

To move the following Clause:—

'.—(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—

(a) which species listed are priority species and require the development of Species Action Plans; and

(b) which habitats listed require the development of Habitat Action Plans.

(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.'.

Definition of 'owner' in Part I

Mr James Paice
Mr Damian Green
Mr Geoffrey Clifton-Brown

NC12

To move the following Clause:—

'.—(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.'.