Amendment Paper as at
Tuesday 13th June 2000
CONSIDERATION OF BILL
COUNTRYSIDE AND RIGHTS OF WAY BILL, AS AMENDED
NOTE
The Amendments have been arranged in accordance with the Order to be proposed by Mr Secretary Prescott.
Mr Secretary Prescott
To move, That the Countryside and Rights of Way Bill, as amended, be considered in the following order: Amendments relating to Clause 1, Schedule 1, Clause 2, Schedule 2, Clauses 3 to 8, Schedule 3, Clauses 9 to 42 and Schedule 4; new Clauses relating to Part I; Amendments relating to Clauses 43 to 47, Schedule 5, Clauses 48 and 49, Schedule 6, Clauses 50 to 57, Schedule 7 and Clauses 58 and 59; new Clauses relating to Part II; Amendments relating to Clause 60, Schedule 8, Clause 61, Schedule 9, Clauses 62 to 65 and Schedule 10; new Clauses relating to Part III; Amendments relating to Clauses 66 to 70, Schedule 11 and Clauses 71 and 72; remaining new Clauses; new Schedules.
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 Secretary Prescott
195
Page 40 [Schedule 1], leave out line 6 and insert
'1. Land on which the soil is being, or has at any time within the previous twelve months been, disturbed by any ploughing or drilling undertaken for the purposes of planting or sowing crops or trees.'.
Mr Secretary Prescott
196
Page 40, line 18 [Schedule 1], at end insert
'. Land covered by pens in use for the temporary reception or detention of livestock.'.
Mr Andrew F. Bennett
Dr David Clark
1
Page 40 [Schedule 1], leave out lines 19 and 20.
Mr Secretary Prescott
197
Page 40, line 24 [Schedule 1], leave out '"buildings"' and insert
' "building" includes any structure or erection and any part of a building as so defined, but does not include any fence or wall, or anything which is a means of access as defined by section 32; and for this purpose "structure" includes any tent, caravan or other temporary or moveable structure;'.
Mr Secretary Prescott
198
Page 40, line 25 [Schedule 1], at end insert
' "ploughing" and "drilling" include respectively agricultural or forestry operations similar to ploughing and agricultural or forestry operations similar to drilling;'.
Mr Secretary Prescott
199
Page 41, line 2 [Schedule 1], at end insert
'(2) Sub-paragraph (1) does not apply where the development is treated by section 191(2) of the Town and Country Planning Act 1990 as being lawful for the purposes of that Act.'.
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 Andrew Miller
133
Page 41, line 9 [Schedule 2], leave out 'or sailboard', and insert 'other than a manually propelled vessel'.
Mr Andrew Miller
134
Page 41, line 9 [Schedule 2], at end insert '(and for this purpose "vessel" includes a sailboard)'.
Mr Secretary Prescott
200
Page 41, line 10 [Schedule 2], at end insert
'(cc) commits any criminal offence,'.
Mr Secretary Prescott
201
Page 41, line 19 [Schedule 2], at end insert
'(hh) uses or has with him any metal detector,'.
Mr Secretary Prescott
202
Page 41, line 20 [Schedule 2], leave out paragraph (i).
Mr Secretary Prescott
203
Page 41, line 22 [Schedule 2], leave out paragraph (k).
Mr Secretary Prescott
204
Page 41, line 27 [Schedule 2], leave out paragraph (m).
Mr Secretary Prescott
205
Page 41, line 32 [Schedule 2], leave out paragraphs (p) and (q).
Mr Secretary Prescott
206
Page 41, line 48 [Schedule 2], at beginning insert
'(1) In paragraph 1(hh), "metal detector" means any device designed or adapted for detecting or locating any metal or mineral in the ground.
(2)'.
Mr Damian Green
Mr James Paice
Mr Geoffrey Clifton-Brown
105
Page 42, line 3 [Schedule 2], leave out '30th June' and insert '31st July'.
Mr Damian Green
Mr James Paice
Mr Geoffrey Clifton-Brown
83
Page 42, line 5 [Schedule 2], leave out from 'dog' to end of line and insert ', whether the person is on the access land or is passing or re-passing on a public right of way over the access land'.
Mr Damian Green
Mr James Paice
Mr Geoffrey Clifton-Brown
107
Page 42, line 5 [Schedule 2], after 'a', insert 'short'.
Mr Damian Green
Mr James Paice
Mr Geoffrey Clifton-Brown
108
Page 42, line 9 [Schedule 2], after 'a', insert 'short'.
Mr Secretary Prescott
207
Page 42 [Schedule 2], leave out lines 11 to 14.
Mr David Heath
Mr Tom Brake
38
Page 42, line 11 [Schedule 2], leave out from '"livestock"' to end of line 14 and insert 'includes any creature kept for the production of food, wool, or skins, or for the purpose of its use in the farming of land.'.
Mr Damian Green
Mr James Paice
Mr Geoffrey Clifton-Brown
109
Page 42, line 11 [Schedule 2], leave out 'means' and insert 'includes'.
Mr Secretary Prescott
208
Page 42, line 22 [Schedule 2], leave out 'access'.
Mr Secretary Prescott
209
Page 42, line 26 [Schedule 2], at end insert
'(aa) the variation of any direction given under this paragraph by a subsequent direction so given,'.
Mr Secretary Prescott
210
Page 42 [Schedule 2], leave out lines 32 to 35 and insert 'has the meaning given by section 20.'.
Mr James Paice
Mr Damian Green
Mr Geoffrey Clifton-Brown
23
Page 42 [Schedule 2], leave out lines 36 to 39.
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,'.