Vote Bundle Text (900613-05)

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

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Mr Secretary Prescott

295

Page 47, line 13 [Schedule 5] at end insert—

'3A. After section 54 of that Act there is inserted—

"BOATs not to be added to definitive maps. 54A.—(1) No order under this Part shall, after the cut-off date, modify a definitive map and statement so as to show as a byway open to all traffic any way not shown in the map and statement as a highway of any description.
    (2) In this section "the cut-off date" means, subject to regulations under subsection (3), 1st January 2026.
    (3) The Secretary of State may make regulations—

(a) substituting as the cut-off date a date later than the date specified in subsection (1) or for the time being substituted under this paragraph;

(b) containing such transitional provisions or savings as appear to the Secretary of State to be necessary or expedient in connection with the operation of subsection (1), including in particular its operation in relation to—

    (i) an order under section 53(2) for which on the cut-off date an application is pending,

    (ii) an order under this Part which on that date has been made but not confirmed,

    (iii) an order under section 55 made after that date, or

    (iv) an order under this Part relating to any way as respects which such an order, or any provision of such an order, has after that date been to any extent quashed.
    (4) Regulations under subsection (3)(a)—

(a) may specify different dates for different areas; but

(b) may not specify a date later than 1st January 2031, except as respects an area within subsection (5).
    (5) An area is within this subsection if it is in—

(a) the Isles of Scilly, or

(b) an area which, at any time before the repeal by section 73 of the 1981 Act of sections 27 to 34 of the National Parks and Access to the Countryside Act 1949—

    (i) was excluded from the operation of those sections by virtue of any provision of the 1949 Act, or

    (ii) would have been so excluded but for a resolution having effect under section 35(2) of that Act.
    (6) Where by virtue of regulations under subsection (3) there are different cut-off dates for areas into which different parts of any way extend, the cut-off date in relation to that way is the later or latest of those dates.
    (7) Where it appears to the Secretary of State that any provision of this Part can by virtue of subsection (1) have no further application he may by order make such amendments or repeals in this Part as appear to him to be, in consequence, necessary or expedient.
    (8) An order or regulations under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.".'.

Mr Secretary Prescott

296

Page 47, line 13 [Schedule 5], at end insert—

'. In section 55 of that Act (no further surveys or reviews under the National Parks and Access to the Countryside Act 1949), after subsection (6) there is inserted—

(a) in pursuance of an order under subsection (5) is shown in a definitive map and statement as a byway open to all traffic, a bridleway or a footpath, and

(b) before the making of the order, was shown in the map and statement under review as a road used as a public path,

shall be a highway maintainable at the public expense.

(8) Subsection (7) does not oblige a highway authority to provide, on a way shown in a definitive map and statement as a byway open to all traffic, a metalled carriage-way or a carriage-way which is by any other means provided with a surface suitable for the passage of vehicles.".'.

Mr Harry Barnes

304

Page 47, line 15 [Schedule 5], at end insert—

'(1A) In paragraphs (a) and (b) of subsection (1), the words from "so however" to the end of the paragraph are omitted in each case.'.

Mr Harry Barnes

305

Page 47, line 18 [Schedule 5], leave out from '(b)' to '"together' and insert 'for the words from "so however" to the end of the paragraph there is substituted'.

Mr Secretary Prescott

227

Page 50, line 14 [Schedule 5], at end insert—

'The Highways Act 1980 (c. 66)

. In section 116 of the 1980 Act (power of magistrates' court to authorise stopping up or diversion of highway) in subsection (4), for "or bridleway" there is substituted ", bridleway or restricted byway".

. In section 329(1) of the 1980 Act (interpretation) after the definition of "reconstruction" there is inserted—

"restricted byway" has the same meaning as in Part II of the Countryside and Rights of Way Act 2000;"'.

Mr Secretary Prescott

190

Page 27, line 2 [Clause 48], leave out from beginning to first 'to' in line 4 and insert—

'(a) provide for any relevant provision which relates—

(i) to highways or highways of a particular description,

(ii) to things done on or in connection with highways or highways of a particular description, or

(iii) to the creation, stopping up or diversion of highways or highways of a particular description,

not to apply, or to apply with or without modification, in relation'.

Mr Secretary Prescott

191

Page 27, line 6 [Clause 48], leave out from beginning to 'make'.

Mr Secretary Prescott

192

Page 27, line 9 [Clause 48], leave out 'that paragraph' and insert 'paragraph (a)'.

Mr Secretary Prescott

193

Page 27 [Clause 48], leave out lines 13 to 15 and insert—

'(3) The powers conferred by this section may be exercised in relation to a provision contained in an Act falling within subsection (2)(a) even though the provision is amended or inserted by this Act.'.

Mr Andrew F. Bennett
Dr David Clark
Mr Bill Michie

Page 50, line 26 [Schedule 6], at end insert—

'.After section 26 of the 1980 Act there is inserted—

"Application for a public path creation order. 26A.—(1) Any person may apply to a council for the area in which the land is situated for the making of a public path creation order to create a footpath or bridleway over the land.
    (2) An application under this section shall be in such form as may be prescribed and shall be accompanied by a map, on such scale as may be prescribed, showing the land over which the public right of way would be created, and by such other information as may be prescribed.
    (3) An application may be made by the owner, lessee or occupier of any land used for agriculture, forestry or the breeding or keeping of horses for a creation order concurrently with an application under section 118ZA or 119ZA for a public path diversion order or extinguishment order, and such an application is referred to in this section as a 'concurrent application'.
    (4) Regulations may provide—

(a) that a prescribed fee is payable on the making of a concurrent application under this section, and

(b) that further prescribed charges are payable by the applicant if the application is granted.
    (5) An application under this section is not to be taken to be received by the council until the requirements of regulations under section 121A below have been satisfied in relation to it.
    (6) A council which receives an application under this section shall, after consulting such persons as may be prescribed, determine the application as soon as reasonably practicable.
    (7) Before determining to make a public path creation order on a concurrent application under this section, the council may require the applicant to enter into an agreement with them to defray, or to make such contribution as may be specified in the agreement towards, any compensation which may become payable under section 28 below.
    (8) Where—

(a) an application under this section has been made to a council, and

(b) the council have not determined the application within twelve months of receiving it,
    the Secretary of State may, at the request of the applicant and after consulting the council, direct the council to determine the application before the end of such period as may be specified in the direction.
    (9) As soon as practicable after determining an application under this section, the council shall—

(a) give to the applicant notice in writing of their decision and the reasons for it, and

(b) give a copy of the notice to such other persons as may be prescribed.
    (10) This section has effect subject to the provisions of sections 121A and 121C below.
    (11) In this section—

'prescribed' means prescribed by regulations;

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