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

back to previous text

Definition of legally relevant objection

   

Mr David Heath
Mr Tom Brake

NC13

To move the following Clause:—

    '.—In paragraph 13(2) of Schedule 15 to the 1981 Act, after the definition of "council offices" there is inserted—

    "'duly made' means an objection or a representation which—

      (a) is made within the time and in the manner prescribed in the notice that was published by the authority on making the order in accordance with paragraph 3 to Schedule 15; and

      (b) states the grounds on which it is made, being a matter which is capable of affecting the decision whether or not to confirm the order".'.


Town or village greens

   

Mr Andrew F. Bennett
Dr David Clark

NC14

To move the following Clause:—

    '.—In section 22 of the Commons Registration Act 1965, for the definition of "town or village green" there is substituted—

    '"town or village green" means—

      (a) land which has been allotted by or under any Act for the exercise or recreation of the inhabitants of any locality;

      (b) land on which the inhabitants of any locality have a customary right to indulge in lawful sports and pastimes;

      (c) land on which the inhabitants of any locality have indulged in lawful sports and pastimes as of right for not less than twenty years; or

      (d) land in the vicinity of, or within, any kind of residential or built-up area—

          (i) which for any period of not less than twenty years after 31st July 1970 has been used as of right for lawful sports and pastimes by the inhabitants of that area, whether or not so used by other persons; or

          (ii) whose owner has applied in a prescribed manner for its registration as a town or village green.'.


Amendment of sections 116 and 118 of the Highways Act 1980

   

Mr Andrew F. Bennett
Dr David Clark

NC15

To move the following Clause:—

    '.—(1) In subsection (1) of section 116 of the 1980 Act, for the words "or a special road" there shall be substituted ", a special road, a footpath or a bridleway".

    (2) In section 118 of the 1980 Act there shall be inserted after subsection (3)—

            "(3A) A public path extinguishment order may provide for the stopping up of a bridleway subject to the reservation of a footpath.".'.


Compensation

   

Mr Edward Garnier
Mr James Paice
Mr Damian Green

NC16

To move the following Clause:—

    '.—(1) Any person with an interest in land who shows that he has suffered a loss in consequence of the exercise of the right of access conferred by section 2(1) of this Act, shall be entitled to compensation to make good such loss.

    (2) A claim for compensation under this section shall be made within such time and in such manner as may be prescribed in regulations made by the Secretary of State.

    (3) In this section "interest", in relation to land, includes any estate in land and any right over land, whether the right is exercisable by virtue of the ownership of an interest in land or by virtue of a licence or agreement, and in particular includes sporting rights.'.


Power to extend to waterways

   

Mr Andrew Miller

NC17

To move the following Clause:—

    '.—(1) The Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales) may by order amend the definition of "open country" in section 1(2) so as to include a reference to waterways or to waterways of any description.

    (2) An order under this section may modify the provisions of this Part in their application to waterways (whether or not within the definition of "open country" apart from the order).'.


Access to dwelling-house across a common

   

Sir George Young
Mr John Maples
Mr Richard Page
Mr Dominic Grieve
Mr David Prior
Mr David Rendel

NC18

To move the following Clause:—

    '.—(1) Where a way across a common has been used as the vehicular access to a dwelling-house an easement shall be deemed to have been granted by the owner of the common to the owner of the dwelling-house.

    (2) On the first occasion that the freehold of a dwelling-house referred to in subsection (1) is transferred, or a long leasehold created, the transferor shall pay to owner of the common for the time being a proportion of the value of the accessed dwelling-house.

    (3) The proportion in subsection (2) shall be nil for access the enjoyment of which commenced prior to 1930, 2.5 per cent for access the enjoyment of which commences after 1930 but prior to 1970 and 5 per cent hereafter.'.


Private rights of way across commons

   

Sir George Young
Mr John Maples
Mr Richard Page
Mr Dominic Grieve
Mr David Prior
Mr David Rendel

NC19

To move the following Clause:—

    '. Schedule (Private rights of way across commons) (which contains amendments relating to private rights of way across commons) has effect.'.


Private rights of way across commons (No. 2)

   

Sir George Young
Mr John Maples
Mr Richard Page
Mr Dominic Grieve
Mr David Prior
Mr David Rendel

NC20

To move the following Clause:—

    '. Schedule (Private rights of way across commons (No. 2) (which contains amendments relating to private rights of way across commons) has effect.'.


Access to dwelling-house across a common (No. 2)

   

Sir George Young
Mr John Maples
Mr Richard Page
Mr Dominic Grieve
Mr David Prior
Mr David Rendel

NC21

To move the following Clause:—

    '.—(1) Where a way across a common has been used as the vehicular access to a dwelling-house an easement shall be deemed to have been granted by the owner of the common to the owner of the dwelling-house.

    (2) On the first occasion that the freehold of a dwelling-house referred to in subsection (1) is transferred, or a long leasehold created, the transferor shall pay to owner of the common for the time a reasonable sum for the right.

    (3) If the sum is not agreed, it shall be determined by the Lands Tribunal.'.


Access to dwelling-house across a common (No. 3)

   

Sir George Young
Mr John Maples
Mr Richard Page
Mr Dominic Grieve
Mr David Prior
Mr David Rendel

NC22

To move the following Clause:—

    '.—(1) Where a way across a common has been used as the vehicular access to a dwelling-house an easement shall be deemed to have been granted by the owner of the common to the owner of the dwelling-house.

    (2) On the first occasion that the freehold of a dwelling-house referred to in subsection (1) is transferred, or a long leasehold created, the transferor shall pay to owner of the common for the time a reasonable sum not to exceed £1,000 for the right.'.


   

Mr Damian Green
Mr James Paice
Mr Geoffrey Clifton-Brown

101

Page     1,     line     12     [Clause     1],     at end insert ', and is at least 10 hectares in size'.


   

Mr Damian Green
Mr James Paice
Mr Geoffrey Clifton-Brown

102

Page     2,     line     17     [Clause     1],     leave out 'wholly or predominantly' and insert 'of at least 60 per cent.'.

   

Mr Robert Key

306

*Page     2,     line     21     [Clause     1],     at end add ', and to which the public has a general right of access'.

   

Mr Damian Green
Mr James Paice
Mr Geoffrey Clifton-Brown

106

Page     2,     line     21     [Clause 1],     at end add—

    '"short lead" means a fixed lead of less then two metres in length.'.

   

Mr James Paice
Mr Damian Green
Mr Geoffrey Clifton-Brown

7

Page     2,     line     38     [Clause     2],     leave out from first 'the' to end of line 39 and insert 'next 72 hours'.

   

Mr David Heath
Mr Tom Brake

27

Page     2,     line     39     [Clause     2],     at end insert—

    '( ) Where a person becomes a trespasser because of a failure to comply with a restriction imposed under section 24, he shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.'.

   

Mr Damian Green
Mr James Paice
Mr Geoffrey Clifton-Brown

103

Page     2,     line     39     [Clause     2],     at end insert—

    '(4A) If without lawful authority a person fails to comply with Schedule 2 or with any restriction imposed under Chapter II, he shall be guilty of an offence and liable on conviction to a fine not exceeding level 1 on the standard scale'.

   

Mr Damian Green
Mr James Paice
Mr Geoffrey Clifton-Brown

104

Page     2,     line     41     [Clause     2],     leave out from 'means' to end of line and insert 'the period from one hour before sunrise to one hour after sunset'.

   

Mr James Paice
Mr Damian Green
Mr Geoffrey Clifton-Brown

19

Page     2     [Clause     2],     leave out lines 42 to 46.


   

Mr Damian Green
Mr James Paice
Mr Geoffrey Clifton-Brown

81

Page     3,     line     30     [Clause     4],     leave out from 'which' to 'would'.

   

Mr David Heath
Mr Tom Brake

28

Page     3,     line     35     [Clause     4],     at end insert—

      '( ) may determine to show recommended points of access to open country.'.

   

Mr Andrew F. Bennett
Dr David Clark

2

Page     3,     line     37     [Clause     5],     at beginning insert 'by the end of the period of 32 months beginning with the day on which this Act is passed,'.

 
previous section contents continue
 
House of Commons home page Houses of Parliament home page House of Lords home page Search page Enquiries index

©Parliamentary copyright 2000
Prepared 9 Jun 2000