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
72
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.".'.
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Mr Damian Green
Mr James Paice
Mr Geoffrey Clifton-Brown
99
Page 50, line 31 [Schedule 6], after 'agriculture', insert ', land management'.
Mr Damian Green
Mr James Paice
Mr Geoffrey Clifton-Brown
86
Page 50, line 31 [Schedule 6], leave out 'and forestry' and insert ', forestry and the breeding and keeping of horses'.
Mr Damian Green
Mr James Paice
Mr Geoffrey Clifton-Brown
100
Page 50, line 45 [Schedule 6], at end insert—
'(3) In this section "land management" means—
(a) any activity associated with agriculture or forestry;
(b) any activity to improve or maintain habitat for wildlife and biodiversity;
(c) any activity to maintain, improve or use sporting opportunities on the land;
(e) any other activity undertaken by or on behalf of the owner in furtherance of earning an income from the land.'.
Mr Secretary Prescott
228
Page 51, line 2 [Schedule 6], leave out from '(f)' to first 'a' in line 4.
Mr Secretary Prescott
229
Page 51, line 6 [Schedule 6], after second 'of' insert 'a special diversion order or'.
Mr Damian Green
Mr James Paice
Mr Geoffrey Clifton-Brown
90
Page 51, line 21 [Schedule 6], leave out from 'section' to end of line 24.
Mr Damian Green
Mr James Paice
Mr Geoffrey Clifton-Brown
88
Page 51, line 21 [Schedule 6], at end insert—
'( ) that where any prescribed fee exceeds the costs actually incurred by the council, the fee payable shall not exceed those costs, and
( ) that prescribed fees may be reduced or waived by the council in recognition of any benefit to the public if the application is granted, and'.
Mr Andrew F. Bennett
Dr David Clark
Mr Bill Michie
73
Page 51, line 41 [Schedule 6], leave out 'four' and insert 'twelve'.
Mr Andrew F. Bennett
Dr David Clark
59
Page 52, line 17 [Schedule 6], leave out from beginning to end of line 30 on page 53.
Mr Secretary Prescott
230
Page 52, line 19 [Schedule 6], leave out from 'that' to 'of' in line 21 and insert 'as respects any relevant highway for which they are the highway authority and which is in an area designated by the Secretary of State by order for the purposes of this section, the conditions in subsection (1B) below are satisfied and it is expedient, for the purpose'.
Mr Damian Green
Mr James Paice
Mr Geoffrey Clifton-Brown
113
Page 52, line 19 [Schedule 6], leave out 'footpath or bridleway', and insert 'relevant highway'.
Mr David Heath
Mr Tom Brake
39
Page 52, line 19 [Schedule 6], leave out from 'is' to second 'area' in line 20 and insert 'in their'.
Mr Damian Green
Mr James Paice
Mr Geoffrey Clifton-Brown
114
Page 52, line 19 [Schedule 6], leave out 'both'.
Mr Damian Green
Mr James Paice
Mr Geoffrey Clifton-Brown
115
Page 52, line 20 [Schedule 6], leave out 'and in a designated urban area'.
Mr Secretary Prescott
231
Page 52, line 23 [Schedule 6], leave out 'path or way' and insert 'highway'.
Mr Secretary Prescott
232
Page 52, line 24 [Schedule 6], leave out 'footpath or bridleway in their area' and insert 'relevant highway for which they are the highway authority and'.
Mr Damian Green
Mr James Paice
Mr Geoffrey Clifton-Brown
116
Page 52, line 24 [Schedule 6], leave out 'footpath or bridleway' and insert 'relevant highway'.
Mr Secretary Prescott
233
Page 52, line 26 [Schedule 6], leave out 'in the interests' and insert 'for the purpose'.
Mr Secretary Prescott
234
Page 52, line 34 [Schedule 6], leave out 'path or way' and insert 'highway'.
Mr Secretary Prescott
235
Page 52 [Schedule 6], leave out lines 35 to 37 and insert—
'(1A) In subsection (1) above "relevant highway" means—
(a) any footpath, bridleway or restricted byway,
(b) any highway which is shown in a definitive map and statement as a footpath, a bridleway, or a restricted byway, but over which the public have a right of way for vehicular and all other kinds of traffic, or
(c) any highway which is shown in a definitive map and statement as a byway open to all traffic,
but does not include a highway that is a trunk road or a special road.
(1B) The conditions referred to in subsection (1)(a) above are—
(a) that premises adjoining or adjacent to the highway are affected by high levels of crime, and
(b) that the existence of the highway is facilitating the persistent commission of criminal offences.'.
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