Bridleway rights over ways shown as bridleways
Mr Secretary Prescott
NC27
To move the following Clause:—
'.—(1) Subject to subsections (2) and (3), the public shall, as from the day after the cut-off date, have a right of way on horseback or leading a horse over any way which—
(a) immediately before the commencement of this section is, and
(b) at the cut-off date continues to be,
a footpath which is shown in a definitive map and statement as a bridleway.
(2) Subsection (1) has effect subject to the operation of any enactment or instrument (whether coming into operation before or after the cut-off date), and to the effect of any event otherwise within section 53(3)(a) of the 1981 Act, whereby a highway is authorised to be stopped up, diverted, widened or extended; and subsection (1) applies accordingly to any way as so diverted, widened or extended.
(3) Subsection (1) does not apply in relation to any way which is, or is part of, a footpath any part of which is in an area which, immediately before 1st April 1965, formed part of the administrative county of London.
(4) Where—
(a) by virtue of regulations under section (Cut-off date for extinguishment etc.)(2) an order under Part III of the 1981 Act takes effect after the cut-off date in relation to any footpath which, at the cut-off date was shown in a definitive map and statement as a bridleway,
(b) the regulations do not prevent subsection (1) from having effect after the cut-off date in relation to that footpath, and
(c) if the order had taken effect before that date, that footpath 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 order takes effect.
(5) In this section—
(a) "cut-off date" has the meaning given in section (Cut-off date for extinguishment etc.), and
(b) expressions used in Part III of the 1981 Act have the same meaning as in that Part.'.
Cut-off date for extinguishment etc.
Mr Secretary Prescott
NC28
To move the following Clause:—
'.—(1) The cut-off date for the purposes of sections (Extinguishment of unrecorded rights of way) and (Bridleway rights over ways shown as bridleways) is, subject to regulations under subsection (2), 1st January 2026.
(2) The Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales) may make regulations—
(a) substituting as the cut-off date for the purposes of those sections 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 or the National Assembly for Wales (as the case may be) to be necessary or expedient in connection with the operation of those sections, including in particular their operation in relation to any way as respects which—
(i) on the cut-off date an application for an order under section 53(2) of the 1981 Act is pending,
(ii) on that date an order under Part III of that Act has been made but not confirmed, or
(iii) after that date such an order or any provision of such an order is to any extent quashed.
(3) Regulations under subsection (2)(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 (4).
(4) 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.
(5) Where by virtue of regulations under subsection (2) there are different cut-off dates for areas into which different parts of any highway extend, the cut-off date in relation to that highway is the later or latest of those dates.
(6) Regulations under this section shall be made by statutory instrument, and a statutory instrument containing such regulations made by the Secretary of State shall be subject to annulment in pursuance of a resolution of either House of Parliament.'.
Duties relating to rights of way improvement plans
Mr Andrew F. Bennett
Dr David Clark
NC2
To move the following Clause:—
'.In delivering rights of way improvement plans it is the duty of every local highway authority other than an inner London authority to seek to ensure that action is taken to make it easier, safer and more enjoyable for people to use the local rights of way network on foot or on horseback, by means that include (without prejudice to the exercise of other powers)—
(a) the creation of new public paths (footpaths and bridleways) to link with other rights of way in the network or to avoid walking or riding on roads;
(b) the re-creation of historic routes so that they can be more closely followed by people using rights of way on foot or on horseback;
(c) measures to make local rights of way more accessible to blind or partially-sighted people and others with mobility problems, including (but not limited to) the removal of stiles or their replacement by gates;
(d) measures to make it easier, safer and more enjoyable for people on foot or on horseback to use those carriageways which provide links between footpaths, bridleways and restricted byways, including (but not limited to) the exercise of traffic calming powers and powers to make traffic regulation orders;
(e) the creation of safe and convenient means for people on foot or on horseback to cross roads and railways; and
(f) the creation of new public paths (footpaths and bridleways) where by virtue of their location on a riverbank or otherwise, such paths are at risk of ceasing to exist if the land over which they run is lost due to erosion.'.
Definition of legally relevant objection
Mr David Heath
Mr Tom Brake
NC13
To move the following Clause:—
'.—In paragraph 13(2) of Schedule 15 to the 1981 Act, after the definition of "council offices" there is inserted—
"'duly made' means an objection or a representation which—
(a) is made within the time and in the manner prescribed in the notice that was published by the authority on making the order in accordance with paragraph 3 to Schedule 15; and
(b) states the grounds on which it is made, being a matter which is capable of affecting the decision whether or not to confirm the order".'.
Amendment of sections 116 and 118 of the Highways Act 1980
Mr Andrew F. Bennett
Dr David Clark
NC15
To move the following Clause:—
'.—(1) In subsection (1) of section 116 of the 1980 Act, for the words "or a special road" there shall be substituted ", a special road, a footpath or a bridleway".
(2) In section 118 of the 1980 Act there shall be inserted after subsection (3)—
"(3A) A public path extinguishment order may provide for the stopping up of a bridleway subject to the reservation of a footpath.".'.
Mr Secretary Prescott
274
Page 35, line 11 [Clause 60], at end insert—
'(3) After section 15 of the Countryside Act 1968 there is inserted—
| "Compulsory purchase. | 15A.—(1) The Nature Conservancy Council may in circumstances set out in subsection (2) acquire compulsorily all or any part of the land referred to in section 15(2).
(2) The circumstances are—
(a) that the Nature Conservancy Council are satisfied that they are unable to conclude, on reasonable terms, such an agreement as is referred to in section 15(2), or
(b) that they have entered into such an agreement, but they are satisfied it has been breached in such a way that the flora, fauna or geological or physiographical features referred to there are not being conserved satisfactorily.
(3) A dispute about whether or not there has been a breach of the agreement for the purposes of subsection (2)(b) shall be determined by an arbitrator appointed by the Lord Chancellor.
(4) Where the Nature Conservancy Council have acquired land compulsorily under this section, they may—
(a) themselves take steps to conserve the flora, fauna or geological or physiographical features in question, or
(b) dispose of the land on terms designed to secure that those flora, fauna or features are satisfactorily conserved.
(5) In this section, "Nature Conservancy Council" means the Nature Conservancy Council for England as respects land in England, and the Council as respects land in Wales."'.
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Mr David Heath
Mr Tom Brake
46
Page 77 [Schedule 8], leave out line 18.
Mr David Heath
Mr Tom Brake
47
Page 77, line 44 [Schedule 8], at end insert '; or
(c) where subsequent notification under section 28(1) has been given and confirmed under section 28(5) in relation to an area of land previously notified under section 28(1) then the previous notification shall cease to have effect.'.
Mr Damian Green
Mr James Paice
Mr Geoffrey Clifton-Brown
93
Page 79, line 6 [Schedule 8], at end insert—
'( ) that the operation is carried out in accordance with the terms of an agreement with any of the authorities specified in section 28E(3) of this Act'.
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