Amendments proposed to the Countryside and Rights of Way Bill, As Amended - continued | House of Commons |
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Mr Secretary Prescott 182 Page 21, line 14 [Clause 36], leave out 'its' and insert 'their'.
Mr Secretary Prescott 183 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 184 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
Mr Secretary Prescott 185 Page 22, line 47 [Clause 38], leave out 'dwelling-house' and insert 'dwelling'.
Mr Andrew Miller 132 Page 23, line 20 [Clause 40], after '3', insert 'or (Power to extend to waterways)'.
Mr Secretary Prescott 186 Page 23, line 37 [Clause 41], leave out '(as defined by section 22 of the Commons Registration Act 1965)'.
Mr Secretary Prescott 187 Page 23, line 40 [Clause 41], at end insert
Mr James Paice 21 Page 24 [Clause 41], leave out lines 3 to 7.
Mr Secretary Prescott 188 Page 24, line 12 [Clause 41], at end insert
Mr James Paice 22 Page 24, line 16 [Clause 41], leave out subsection (2).
Mr Secretary Prescott 189 Page 24 [Clause 42], leave out lines 29 and 30 and insert
(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 211 Page 45 [Schedule 4], leave out lines 1 to 6.
Mr Secretary Prescott 212 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".'.
NEW CLAUSES RELATING TO PART ICompensation for damage to walls, etc.
Miss Anne McIntosh NC3 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 NC12 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.'.
Compensation
Mr Edward Garnier 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).'.
Mr David Heath 33 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 34 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 291 Page 25, line 35 [Clause 44], at end insert'(7A) Where
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 292 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 293 Page 45, line 41 [Schedule 5] after 'ought', insert ', subject to section 54A,'.
Mr Secretary Prescott 294 Page 46, line 50 [Schedule 5], at end insert
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