| Amendments proposed to the Countryside and Rights of Way Bill, As Amended - continued | House of Commons |
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Mr Secretary Prescott 273 Page 69, line 32 [Schedule 6], at end insert—
Mr Harry Barnes 302 *Page 75, line 12 [Schedule 7], leave out from 'is' to first 'to' in line 13.
Mr Harry Barnes 303 *Page 75 [Schedule 7], leave out line 14.
Mr David Heath 45 Page 75, line 14 [Schedule 7], leave out 'prima facie'.
Sir George Young 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 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—
(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—
(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:—
Mr David Heath 46 Page 77 [Schedule 8], leave out line 18.
Mr David Heath 47 Page 77, line 44 [Schedule 8], at end insert '; or
Mr Damian Green 93 Page 79, line 6 [Schedule 8], at end insert—
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 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 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 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 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 96 Page 87, line 6 [Schedule 8], leave out 'them to'.
Mr Secretary Prescott 283 Page 87, line 47 [Schedule 8], at beginning insert 'subject to subsection (4A),'.
Mr Secretary Prescott 284 Page 87, line 49 [Schedule 8], after '1990' insert 'or permitted by a section 28E authority which has acted in accordance with section 28G'.
Mr Secretary Prescott 285 Page 87, line 54 [Schedule 8], at end insert—'(4A) If an operation needs both a planning permission and the permission of a section 28E authority, subsection (4)(a) does not provide reasonable excuse unless both have been obtained.'
Mr Secretary Prescott 286 Page 88, line 5 [Schedule 8], after 'interest,' insert 'or intentionally or recklessly disturbs any of those fauna,'.
Mr David Heath 50 Page 88, line 5 [Schedule 8], after 'interest', insert 'or the habitats or species upon which the notified interest depends in so far as such destruction or damage is likely to be significant in relation to the interest notified under section 28(1).'.
Mr David Heath 51 Page 88, line 5 [Schedule 8], at end insert—
Mr Secretary Prescott 287 Page 88, line 6 [Schedule 8], leave out 'or damaged lay' and insert ', damaged or disturbed was'.
Mr Geraint Davies 138 Page 88 [Schedule 8], leave out lines 18 to 20.
Mr Geraint Davies 137 Page 88, line 22 [Schedule 8], at end insert—'(10) Where an offence under any provision of this Act committed by a body corporate is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or a person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly. (11) Where the affairs of a body corporate are managed by its members, subsection (10) above shall apply in relation to the acts or defaults of a member in connection with his functions of management as if he were a director of the body corporate.'.
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