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

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Mr Secretary Prescott


Page     21,     line     14     [Clause     36],     leave out 'its' and insert 'their'.


Mr Secretary Prescott


Page     21,     line     34     [Clause     37],     after ' 35(1)' insert 'in respect of which the period specified in the notice has expired'.


Mr Secretary Prescott


Page     22,     line     34     [Clause     38],     at end insert—

    '( ) A person who is authorised by the Forestry Commissioners to do so may enter any land—

      (a) for the purpose of determining whether any power conferred on the Forestry Commissioners by Chapter II should be exercised in relation to the land, or

      (b) in connection with an appeal under any provision of this Part.'


Mr Secretary Prescott


Page     22,     line     47     [Clause     38],     leave out 'dwelling-house' and insert 'dwelling'.


Mr Andrew Miller


Page     23,     line     20     [Clause     40],     after '3', insert 'or (Power to extend to waterways)'.


Mr Secretary Prescott


Page     23,     line     37     [Clause     41],     leave out '(as defined by section 22 of the Commons Registration Act 1965)'.


Mr Secretary Prescott


Page     23,     line     40     [Clause     41],     at end insert—

      ' "livestock" means cattle, sheep, goats, swine, horses or poultry, and for the purposes of this sub-paragraph "cattle" means bulls, cows, oxen, heifers or calves, "horses" include asses and mules, and "poultry" means domestic fowls, turkeys, geese or ducks;'.


Mr James Paice
Mr Damian Green
Mr Geoffrey Clifton-Brown


Page     24     [Clause     41],     leave out lines 3 to 7.


Mr Secretary Prescott


Page     24,     line     12     [Clause     41],     at end insert—

      '"rights of common" has the same meaning as in the Commons Registration Act 1965;'.


Mr James Paice
Mr Damian Green
Mr Geoffrey Clifton-Brown


Page     24,     line     16     [Clause     41],     leave out subsection (2).


Mr Secretary Prescott


Page     24     [Clause     42],     leave out lines 29 and 30 and insert—

      '(b) sections 61 to 63 of the National Parks and Access to the Countryside Act 1949 (which relate to reviews of access requirements and the preparation of maps).

    (1A) No access agreement or access order under Part V of the National Parks and Access to the Countryside Act 1949 (access to open country) may be made after the commencement of this section in relation to land which is open country or registered common land for the purposes of this Part.'.


Mr Secretary Prescott


Page     45     [Schedule     4],     leave out lines 1 to 6.


Mr Secretary Prescott


Page     45,     line     14     [Schedule     4],     at end insert—

'Countryside Act 1968

    . In section 2(6) of the Countryside Act 1968 (Countryside Agency and Countryside Council for Wales to make recommendations to public bodies in relation to byelaws) for "and the Act of 1949" there is substituted ", the Act of 1949 and Part I of the Countryside and Rights of Way Act 2000".'.


Compensation for damage to walls, etc.


Miss Anne McIntosh


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.'.

Definition of 'owner' in Part I


Mr James Paice
Mr Damian Green
Mr Geoffrey Clifton-Brown


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.'.



Mr Edward Garnier
Mr James Paice
Mr Damian Green


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


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).'.


Mr David Heath
Mr Tom Brake


Page     24,     line     41     [Clause     43],     after 'path', insert 'and every way which was shown in any definitive map and statement as a road used as a public path under the National Parks and Access to the Countryside Act 1949 and which was subsequently reclassified under Schedule 3 to the Countryside Act 1968 or section 54 of the Wildlife and Countryside Act 1981 as a bridleway, and every way which is shown on any definitive map and statement as a carriage road footpath or CRF, or as a carriage road bridleway or CRB,'.


Mr David Heath
Mr Tom Brake


Page     24,     line     42     [Clause     43],     leave out 'expression "road used as a public path"' and insert 'expressions "road used as a public path", "carriage road footpath", "CRF", "carriage road bridleway" and "CRB"'.


Mr Secretary Prescott


Page     25,     line     35     [Clause     44],     at end insert—

    '(7A) Where—

      (a) by virtue of an order under subsection (3) of section 71 ("the commencement order") containing such provision as is mentioned in subsection (6) of that section, an order under Part III of the 1981 Act ("the Part III order") takes effect, after the commencement of section 43, in relation to any way which, immediately before that commencement, was shown in a definitive map and statement as a road used as a public path,

      (b) the commencement order does not prevent subsection (1) from having effect on that commencement in relation to that way, and

      (c) if the Part III order had taken effect before that commencement, that way would not have fallen within subsection (1),

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


Mr Secretary Prescott


Page     45,     line     30     [Schedule     5],     at end insert—

    '( ) In subsection (3)(c)(i) for "a right of way to which this Part applies" there is substituted "a right of way such that the land over which the right subsists is a public path or, subject to section 54A, a byway open to all traffic".'.


Mr Secretary Prescott


Page     45,     line     41     [Schedule     5]     after 'ought', insert ', subject to section 54A,'.


Mr Secretary Prescott


Page     46,     line     50     [Schedule     5],     at end insert—

'Register of applications under section 53.53B.—(1) Every surveying authority shall keep, in such manner as may be prescribed, a register containing such information as may be prescribed with respect to applications under section 53(5).

    (2) The register shall contain such information as may be prescribed with respect to the manner in which such applications have been dealt with.

    (3) Regulations may make provision for the register to be kept in two or more parts, each part containing such information relating to applications under section 53(5) as may be prescribed.

    (4) Regulations may make provision—

      (a) for a specified part of the register to contain copies of applications and of the maps submitted with them, and

      (b) for the entry relating to any application, and everything relating to it, to be removed from any part of the register when the application (including any appeal to the Secretary of State) has been finally disposed of (without prejudice to the inclusion of any different entry relating to it in another part of the register).

    (5) Every register kept under this section shall be available for inspection free of charge at all reasonable hours.

    (6) In this section—

      "prescribed" means prescribed by regulations;

      "regulations" means regulations made by the Secretary of State by statutory instrument;

    and a statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.".'.

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Prepared 13 Jun 2000