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

219

Page     93,     line     21     [Schedule     10],     at end insert—

    '. In section 9 of that Act (protection of certain wild animals)—

(a) in subsection (4) after "intentionally" there is inserted "or recklessly", and

(b) after that subsection there is inserted—

    "(4A) Subject to the provisions of this Part, if any person intentionally or recklessly disturbs any wild animal included in Schedule 5 as—
(a) a dolphin or whale (cetacea), or
(b) a basking shark (cetorhinus maximus),

    he shall be guilty of an offence."

    . In section 16(3) of that Act (power to grant licences) for "and (4)" there is substituted ", (4) and (4A)".".'.

   

Mr Damian Green
Mr James Paice
Mr Geoffrey Clifton-Brown

97

Page     93,     line     21     [Schedule     10],     at end insert—

    '4A. For section 14(2) of that Act (introduction of new species) there is substituted—

    "(2) Subject to the provisions of this Part, if any person plants, releases or otherwise causes to grow in the wild any plant which is included in Part II of Schedule 9 he shall be guilty of an offence.

    (2A) Subject to the provisions of this Part, if any person—

(a) sells, offers or exposes for sale, or has in his possession or transports for the purpose of sale, any living wild plant included in Part II of Schedule 9, or any part of such a wild plant; or
(b) publishes or causes to be published any advertisement likely to be understood as conveying that he buys or sells or intends to sell, any of those things,

    he shall be guilty of an offence.".'.

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NEW CLAUSES RELATING TO PART III

Local sites

   

Miss Anne McIntosh
Mr David Heath
Mr Tom Brake
Mr Damian Green
Mr James Paice
Mr Geoffrey Clifton-Brown

NC4

To move the following Clause:—

    '.—(1) It shall be the duty of every local authority to adopt and maintain a scheme for maintaining a series of sites in their area (in this section referred to as "local sites"), to ensure the conservation, restoration and enhancement of species, habitat, geological and geomorphological features of substantive nature conservation value.

    (2) The Secretary of State and the National Assembly for Wales shall from time to time give guidance with respect to the exercise of the duty of a local authority under subsection (1), and a local authority shall, in adopting and maintaining such a scheme, have regard to that guidance.

    (3) Such guidance shall—

(a) specify standards for the identification of sites, notification of owners, occupiers and others and the provision of adequate information and advice as to the management of local sites;

(b) provide for the involvement of voluntary organisations, landowners and others in the adoption and maintenance of the scheme.

    (4) It shall be the duty of the Nature Conservancy Council for England and the Countryside Council for Wales periodically to report on the operation and effectiveness of each scheme.

    (5) In the formulation and exercise of their functions relating to land under any enactment every Minister, government department, local authority and public body shall further the conservation, restoration and enhancement of local sites.'.

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Species Action Plans and Habitat Action Plans

   

Mr David Heath
Mr Tom Brake

NC6

To move the following Clause:—

    '.—(1) It shall be the duty of the Secretary of State and the National Assembly for Wales to ensure the preparation, maintenance and revision of lists of species and habitats in respect of which special measures shall be taken to monitor their population status in view of their vulnerability or international importance, and to determine—

(a) which species listed are priority species and require the development of Species Action Plans; and

(b) which habitats listed require the development of Habitat Action Plans.

    (2) It shall be the duty of every Minister, government department, local authority and public body, so far as it is consistent with their primary functions, to further the objectives of Species Action Plans and Habitat Action Plans.'.

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Mr Secretary Prescott

220

Page     97,     column     3     [Schedule     11],     leave out lines 8 to 42 and insert—

     

'Sections 61 to 63.

Section 88(1)(c).

In section 111A(3)(a), the words "61 to 63,".'.

   

Mr Secretary Prescott

221

Page     97,     line     43     [Schedule     11],     leave out from beginning to end of page 98, line 17.

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Mr Secretary Prescott

222

Page     98,     line     20,     column     3     [Schedule     11],     leave out 'paragraphs 6 and 7' and insert 'paragraph 6'.

   

Mr Secretary Prescott

223

Page     98     [Schedule     11],     leave out lines 23 and 24.

   

Mr Secretary Prescott

224

Page     98,     line     27,     column     3     [Schedule     11],     leave out 'paragraph 1(8) and (9)' and insert 'in paragraph 1(8), the words "62(1) and".'.

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REMAINING NEW CLAUSES

Town or village greens

   

Mr Andrew F. Bennett
Dr David Clark

NC14

To move the following Clause:—

    '.—In section 22 of the Commons Registration Act 1965, for the definition of "town or village green" there is substituted—

    '"town or village green" means—

(a) land which has been allotted by or under any Act for the exercise or recreation of the inhabitants of any locality;

(b) land on which the inhabitants of any locality have a customary right to indulge in lawful sports and pastimes;

(c) land on which the inhabitants of any locality have indulged in lawful sports and pastimes as of right for not less than twenty years; or

(d) land in the vicinity of, or within, any kind of residential or built-up area—

    (i) which for any period of not less than twenty years after 31st July 1970 has been used as of right for lawful sports and pastimes by the inhabitants of that area, whether or not so used by other persons; or

    (ii) whose owner has applied in a prescribed manner for its registration as a town or village green.'.

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Access to dwelling-house across a common

   

Sir George Young
Mr John Maples
Mr Richard Page
Mr Dominic Grieve
Mr David Prior
Mr David Rendel

NC18

To move the following Clause:—

    '.—(1) Where a way across a common has been used as the vehicular access to a dwelling-house an easement shall be deemed to have been granted by the owner of the common to the owner of the dwelling-house.

    (2) On the first occasion that the freehold of a dwelling-house referred to in subsection (1) is transferred, or a long leasehold created, the transferor shall pay to owner of the common for the time being a proportion of the value of the accessed dwelling-house.

    (3) The proportion in subsection (2) shall be nil for access the enjoyment of which commenced prior to 1930, 2.5 per cent for access the enjoyment of which commences after 1930 but prior to 1970 and 5 per cent hereafter.'.

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Private rights of way across commons

   

Sir George Young
Mr John Maples
Mr Richard Page
Mr Dominic Grieve
Mr David Prior
Mr David Rendel

NC19

To move the following Clause:—

    '. Schedule (Private rights of way across commons) (which contains amendments relating to private rights of way across commons) has effect.'.

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Private rights of way across commons (No. 2)

   

Sir George Young
Mr John Maples
Mr Richard Page
Mr Dominic Grieve
Mr David Prior
Mr David Rendel

NC20

To move the following Clause:—

    '. Schedule (Private rights of way across commons (No. 2) (which contains amendments relating to private rights of way across commons) has effect.'.

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Access to dwelling-house across a common (No. 2)

   

Sir George Young
Mr John Maples
Mr Richard Page
Mr Dominic Grieve
Mr David Prior
Mr David Rendel

NC21

To move the following Clause:—

    '.—(1) Where a way across a common has been used as the vehicular access to a dwelling-house an easement shall be deemed to have been granted by the owner of the common to the owner of the dwelling-house.

    (2) On the first occasion that the freehold of a dwelling-house referred to in subsection (1) is transferred, or a long leasehold created, the transferor shall pay to owner of the common for the time a reasonable sum for the right.

    (3) If the sum is not agreed, it shall be determined by the Lands Tribunal.'.

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Access to dwelling-house across a common (No. 3)

   

Sir George Young
Mr John Maples
Mr Richard Page
Mr Dominic Grieve
Mr David Prior
Mr David Rendel

NC22

To move the following Clause:—

    '.—(1) Where a way across a common has been used as the vehicular access to a dwelling-house an easement shall be deemed to have been granted by the owner of the common to the owner of the dwelling-house.

    (2) On the first occasion that the freehold of a dwelling-house referred to in subsection (1) is transferred, or a long leasehold created, the transferor shall pay to owner of the common for the time a reasonable sum not to exceed £1,000 for the right.'.

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NEW SCHEDULES

   

Sir George Young
Mr John Maples
Mr Richard Page
Mr Dominic Grieve
Mr David Prior
Mr David Rendel

NS2

To move the following Schedule:—

'Private Rights of Way Across Commons

Law of Property Act 1925 (c. 20)

    In section 193 of the Law of Property Act 1925 there shall be inserted after subsection (4)—

    "(4A) A person shall be deemed to have and to always have had lawful authority for the purpose of subsection (4) of this section if that person draws or drives upon a way or track across any land to which this section applies any carriage, cart, caravan, truck or other vehicle in order to gain access to or egress from a private residence where the access is across that land.".'.

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Sir George Young
Mr John Maples
Mr Richard Page
Mr Dominic Grieve
Mr David Prior
Mr David Rendel

NS3

To move the following Schedule:—

'PRIVATE RIGHTS OF WAY ACROSS COMMONS (No. 2)

Law of Property Act 1925 (c. 20)

    In section 193 of the Law of Property Act 1925 there shall be inserted after subsection (4)—

    "(4A) Where a way across a common has been used as the vehicular access to a dwelling-house as of right and without the access having been called into question by proceedings for 20 years prior to 3rd November 1999 then a right to use that way as a vehicular access shall exist.".'.

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Prepared 14 Jun 2000