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

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Mr Damian Green
Mr James Paice
Mr Geoffrey Clifton-Brown

129

Page     57,     line     27     [Schedule     6],     leave out 'footpath or bridleway' and insert 'relevant highway'.

   

Mr Secretary Prescott

257

Page     57,     line     30     [Schedule     6],     leave out 'footpath or bridleway' and insert 'highway'.

   

Mr Damian Green
Mr James Paice
Mr Geoffrey Clifton-Brown

130

Page     57,     line     30     [Schedule     6],     leave out 'footpath or bridleway' and insert 'relevant highway'.

   

Mr Secretary Prescott

258

Page     57,     line     47     [Schedule     6],     leave out 'where the council are the highway authority for the path or way' and insert 'to the extent that the council are the highway authority for the highway'.

   

Mr Secretary Prescott

259

Page     57,     line     49     [Schedule     6],     leave out 'path or way' and insert 'highway'.

   

Mr Secretary Prescott

260

Page     57,     line     51     [Schedule     6],     leave out 'where' and insert 'to the extent that'.


   

Mr Secretary Prescott

261

Page     58,     line     3     [Schedule     6],     after 'substitution' insert '(a)'.

   

Mr Secretary Prescott

262

Page     58,     line     4     [Schedule     6],     after second 'order' insert 'and

      (b) for references to a footpath or bridleway of references to a highway'.

   

Mr David Heath
Mr Tom Brake

43

Page     58,     line     16     [Schedule     6],     leave out 'significant damage' and insert 'damage or disturbance'.

   

Mr Secretary Prescott

263

Page     58,     line     19     [Schedule     6],     leave out 'highway' and insert 'line of the highway, or part of that line'.

   

Mr David Heath
Mr Tom Brake

44

Page     58,     line     22     [Schedule     6],     after 'damage', insert 'or disturbance'.


   

Mr Secretary Prescott

213

Page     59,     line     6     [Schedule     6],     leave out from 'it' to end of line 7.

   

Mr Andrew F. Bennett
Dr David Clark

80

Page     59,     line     39     [Schedule     6],     after 'that', insert 'the path or way will not be substantially less convenient to the public in consequence of the diversion and that'.


   

Mr Secretary Prescott

264

Page     60     [Schedule     6],     leave out lines 8 and 9.

   

Mr Secretary Prescott

265

Page     60     [Schedule     6],     leave out lines 35 to 40.


   

Mr Secretary Prescott

266

Page     61,     line     52     [Schedule     6],     leave out '"to 119B"'and insert '", 118A, 119 and 119A"'.

   

Mr Secretary Prescott

267

Page     61,     line     52     [Schedule     6],     at end insert—

    '(2A) After that subsection there is inserted—

            "(1A) Where a council are the highway authority for only part of a highway, the powers conferred on the council by sections 118B, 119B and 119D above are exercisable with respect to the whole of the highway, but subject to subsection (2) and only with the consent of every other council which is a highway authority for any other part with respect to which the powers are exercised."'.


   

Mr Secretary Prescott

268

Page     62,     line     32     [Schedule     6],     leave out 'path or way' and insert 'highway'.


   

Mr Secretary Prescott

269

Page     63,     line     44     [Schedule     6],     after 'order"' insert 'wherever occurring'.


   

Mr Secretary Prescott

270

Page     64,     line     5     [Schedule     6],     after 'to' insert 'special extinguishment orders, special diversion orders and'.

   

Mr Damian Green
Mr James Paice
Mr Geoffrey Clifton-Brown

87

Page     64,     line     12     [Schedule     6],     after 'forestry', insert ', the breeding and keeping of horses'.


   

Mr Secretary Prescott

271

Page     66,     line     5     [Schedule     6],     after 'public' insert 'free of charge'.


   

Mr Secretary Prescott

214

Page     67,     line     46     [Schedule     6],     at end insert—

    '(2A) Where an appeal to the Secretary of State is brought under section 121D(1) above, the Secretary of State may not make or confirm a public path diversion order or special diversion order if it appears to him that—

      (a) work is necessary—

          (i) to bring the new highway created by the order into a fit condition for use by the public, or

          (ii) to provide necessary facilities for the convenient exercise of the new public right of way,

      (b) if the order were made, the work could not be carried out by the highway authority without—

          (i) the consent of another person, or

          (ii) any authorisation (however described) which is required by or under any enactment, and

      (c) the consent or authorisation has not been obtained.'.


   

Mr Secretary Prescott

272

Page     69,     line     11     [Schedule     6],     leave out 'path or way' and insert 'highway'.

   

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.'.

   

Mr Secretary Prescott

215

Page     69,     line     17     [Schedule     6],     at end insert—

    '. After section 135 of the 1980 Act there is inserted—

"Temporary diversion for dangerous works.135A.—(1) Where works of a prescribed description are likely to cause danger to users of a footpath or bridleway which passes over any land, the occupier of the land may, subject to the provisions of this section, temporarily divert the footpath or bridleway.

    (2) A person may not under this section divert any part of a footpath or bridleway if—

      (a) the period or periods for which that part has been diverted under this section, and

      (b) the period or periods for which any other part of the same footpath or bridleway passing over land occupied by him has been diverted under this section,

    amount in aggregate to more than five days in any one calendar year.

    (3) Where a person diverts a footpath or bridleway under this section—

      (a) he shall do so in a manner which is reasonably convenient for the exercise of the public right of way, and

      (b) where the diversion is by means of a temporary footpath or bridleway, he shall so indicate the line of the temporary footpath or bridleway on the ground to not less than the minimum width that it is apparent to members of the public wishing to use it.

    (4) This section does not authorise a person to divert a footpath or bridleway on to land not occupied by him without the consent of the occupier of that land and of any other person whose consent is needed to obtain access to it.

    (5) The person by whom a footpath or bridleway is diverted under this section shall—

      (a) at least fourteen days before the commencement of the diversion, give notice of the diversion in accordance with subsection (6) below,

      (b) at least seven days before the commencement of the diversion, publish notice of the diversion in a local newspaper circulating in the area in which the footpath or bridleway is situated, and

      (c) displays such notices as may be prescribed at such places, in such manner and at such times before or during the diversion as may be prescribed.

    (6) Notice under subsection (5)(a) above shall be given—

      (a) to the highway authority for the footpath or bridleway,

      (b) if the footpath or bridleway is on or contiguous with access land in England, to the Countryside Agency, and

      (c) if the footpath or bridleway is on or contiguous with access land in Wales, to the Countryside Council for Wales.

    (7) A notice under subsection (5)(a), (b) or (c) above shall be in such form and contain such information as may be prescribed.

    (8) If a person—

      (a) in a notice which purports to comply with the requirements of subsection (5)(a) or (b) above, makes a statement which he knows to be false in a material particular,

      (b) by a notice displayed on or near a footpath or bridleway, falsely purports to be authorised under this section to divert the footpath or bridleway, or

      (c) in diverting a footpath or bridleway under this section, fails to comply with subsection (3) above,

    he shall be guilty of an offence and liable to a fine not exceeding level 3 on the standard scale.

    (9) In this section—

      "access land" has the same meaning as in Part I of the Countryside and Rights of Way Act 2000;

      "minimum width" in relation to a temporary footpath or bridleway, means the minimum width, within the meaning of Schedule 12A to this Act, of the footpath or bridleway diverted;

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

Temporary diversion for dangerous works: restrictions.135B.—(1) The person by whom a footpath or bridleway is diverted under section 135A above shall, before the diversion ceases to be authorised by that section, make good any damage to the footpath or bridleway resulting from the works mentioned in subsection (1) of that section, and remove from the footpath or bridleway any obstruction resulting from those works.

    (2) Any person who fails to comply with the duty imposed on him by subsection (1) above is guilty of an offence and liable to a fine not exceeding level 3 on the standard scale.

    (3) The highway authority may make good any damage, or remove any obstruction, in respect of which any person has failed to comply with that duty and recover from that person the amount of any expenses reasonably incurred by them in or in connection with doing so.

    (4) Paragraph 3(1) of Schedule 12A to this Act does not apply in relation to any disturbance of the surface of a footpath or bridleway which subsection (1) above requires any person to make good; but paragraphs 7 and 8 of that Schedule apply for the purposes of subsection (3) above as if—

      (a) references to the authority were references to the highway authority,

      (b) references to the work were references to work carried out under subsection (3) above in relation to a footpath or bridleway, and

      (c) references to the relevant land were references to the land over which the footpath or bridleway passes.

    (5) The diversion of a footpath or bridleway under section 135A above does not—

      (a) affect the liability of any person for anything done in relation to the path or way otherwise than for the purposes of or in consequence of the works mentioned in subsection (1) of that section, or

      (b) authorise any interference with the apparatus or works of any statutory undertakers.

    (6) Without prejudice to section 130 (protection of public rights of way) above, it is the duty of the highway authority to enforce the provisions of section 135A and this section.".'.

 
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Prepared 9 Jun 2000