Amendment Paper as at Wednesday 14th June 2000
CONSIDERATION OF BILL
COUNTRYSIDE AND RIGHTS OF WAY BILL, AS AMENDED
NOTE
The Amendments have been arranged in accordance with the Order [13th June], as follows:
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.
NEW CLAUSE RELATING TO PART I
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
Mr Tom Brake
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
Mr Tom Brake
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
(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
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
'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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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.".'.
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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
"(7) Every way which
(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'.
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