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Mr. Brake: I am happy not to press the amendments to a vote, but I shall provide the Minister with some additional information on disturbance for him to consider before the Bill goes to the other place. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Amendments made: No. 263, in page 58, line 19, leave out "highway" and insert--
'line of the highway, or part of that line'.
No. 213, in page 59, line 6, leave out from "it" to end of line 7.
No. 264, in page 60, leave out lines 8 and 9.
No. 265, in page 60, leave out lines 35 to 40.
No. 266, in page 61, line 52, leave out ""to 119B"'and insert--
'", 118A, 119 and 119A"'.
No. 267, in page 61, line 52, at end insert--
'(2A) After that subsection there is inserted--
"(1A) Where a council are the highway authority for only part of a highway, the powers conferred on the council by sections 118B, 119B and 119D above are exercisable with respect to the whole of the highway, but subject to subsection (2) and only with the consent of every other council which is a highway authority for any other part with respect to which the powers are exercised."'.
No. 268, in page 62, line 32, leave out "path or way" and insert "highway".
No. 269, in page 63, line 44, after "order"" insert "wherever occurring".
No. 270, in page 64, line 5, after "to" insert--
'special extinguishment orders, special diversion orders and'.
No. 271, in page 66, line 5, after "public" insert "free of charge".
No. 214, in page 67, line 46, at end insert--
'(2A) Where an appeal to the Secretary of State is brought under section 121D(1) above, the Secretary of State may not make or confirm a public path diversion order or special diversion order if it appears to him that--
(a) work is necessary--
(i) to bring the new highway created by the order into a fit condition for use by the public, or
(ii) to provide necessary facilities for the convenient exercise of the new public right of way,
(b) if the order were made, the work could not be carried out by the highway authority without--
(i) the consent of another person, or
(ii) any authorisation (however described) which is required by or under any enactment, and
(c) the consent or authorisation has not been obtained.'.
No. 272, in page 69, line 11, leave out "path or way" and insert "highway".--[Mr. Meacher.]
Mr. Meacher: I beg to move amendment No. 215, in page 69, line 17, at end insert--
'. After section 135 of the 1980 Act there is inserted--
"Temporary diversion for dangerous works
135A.--(1) Where works of a prescribed description are likely to cause danger to users of a footpath or bridleway which passes over any land, the occupier of the land may, subject to the provisions of this section, temporarily divert the footpath or bridleway.
(2) A person may not under this section divert any part of a footpath or bridleway if--
(a) the period or periods for which that part has been diverted under this section, and
(b) the period or periods for which any other part of the same footpath or bridleway passing over land occupied by him has been diverted under this section,
amount in aggregate to more than five days in any one calendar year.
(3) Where a person diverts a footpath or bridleway under this section--
(a) he shall do so in a manner which is reasonably convenient for the exercise of the public right of way, and
(b) where the diversion is by means of a temporary footpath or bridleway, he shall so indicate the line of the temporary footpath or bridleway on the ground to not less than the minimum width that it is apparent to members of the public wishing to use it.
(4) This section does not authorise a person to divert a footpath or bridleway on to land not occupied by him without the consent of the occupier of that land and of any other person whose consent is needed to obtain access to it.
(5) The person by whom a footpath or bridleway is diverted under this section shall--
(a) at least fourteen days before the commencement of the diversion, give notice of the diversion in accordance with subsection (6) below,
(b) at least seven days before the commencement of the diversion, publish notice of the diversion in a local newspaper circulating in the area in which the footpath or bridleway is situated, and
(c) displays such notices as may be prescribed at such places, in such manner and at such times before or during the diversion as may be prescribed.
(6) Notice under subsection (5)(a) above shall be given--
(a) to the highway authority for the footpath or bridleway,
(b) if the footpath or bridleway is on or contiguous with access land in England, to the Countryside Agency, and
(c) if the footpath or bridleway is on or contiguous with access land in Wales, to the Countryside Council for Wales.
(7) A notice under subsection (5)(a), (b) or (c) above shall be in such form and contain such information as may be prescribed.
(8) If a person--
(a) in a notice which purports to comply with the requirements of subsection (5)(a) or (b) above, makes a statement which he knows to be false in a material particular,
(b) by a notice displayed on or near a footpath or bridleway, falsely purports to be authorised under this section to divert the footpath or bridleway, or
(c) in diverting a footpath or bridleway under this section, fails to comply with subsection (3) above,
he shall be guilty of an offence and liable to a fine not exceeding level 3 on the standard scale.
(9) In this section--
"access land" has the same meaning as in Part I of the Countryside and Rights of Way Act 2000;
"minimum width" in relation to a temporary footpath or bridleway, means the minimum width, within the meaning of Schedule 12A to this Act, of the footpath or bridleway diverted;
"prescribed" means prescribed by regulations made by the Secretary of State.
Temporary diversion for dangerous works: restrictions
135B.--(1) The person by whom a footpath or bridleway is diverted under section 135A above shall, before the diversion ceases to be authorised by that section, make good any damage to the footpath or bridleway resulting from the works mentioned in subsection (1) of that section, and remove from the footpath or bridleway any obstruction resulting from those works.
(2) Any person who fails to comply with the duty imposed on him by subsection (1) above is guilty of an offence and liable to a fine not exceeding level 3 on the standard scale.
(3) The highway authority may make good any damage, or remove any obstruction, in respect of which any person has failed to comply with that duty and recover from that person the amount of any expenses reasonably incurred by them in or in connection with doing so.
(4) Paragraph 3(1) of Schedule 12A to this Act does not apply in relation to any disturbance of the surface of a footpath or bridleway which subsection (1) above requires any person to make good; but paragraphs 7 and 8 of that Schedule apply for the purposes of subsection (3) above as if--
(a) references to the authority were references to the highway authority,
(b) references to the work were references to work carried out under subsection (3) above in relation to a footpath or bridleway, and
(c) references to the relevant land were references to the land over which the footpath or bridleway passes.
(5) The diversion of a footpath or bridleway under section 135A above does not--
(a) affect the liability of any person for anything done in relation to the path or way otherwise than for the purposes of or in consequence of the works mentioned in subsection (1) of that section, or
(b) authorise any interference with the apparatus or works of any statutory undertakers.
(6) Without prejudice to section 130 (protection of public rights of way) above, it is the duty of the highway authority to enforce the provisions of section 135A and this section.".'.
Government amendment No. 215 gives effect to the commitment that we made on Second Reading to introduce provisions enabling land managers to divert rights of way temporarily for exceptional land management operations. Generally, we believe that temporary diversions to rights of way should be avoided as far as possible, because the public is entitled to reasonable certainty that a public right of way will be
available for them to use. However, we accept that there may be instances when a diversion for a very short period--such as five days--would be a practical way to enable land managers to carry out certain operations with minimum inconvenience to the public, in particular when such operations are likely to cause danger to users of a right of way.The new provisions would enable an occupier of any land over which a footpath or bridleway passes to divert it temporarily for up to five days a year. It would not be possible to divert a right of way on to another person's land without consent. The occupier would be required to notify the local highway authority in advance, advertise the intention to divert in a local paper, and place notices showing where the diversion would run. Those are obvious, common-sense requirements. Where the right of way passed over or adjoined land to which the public would have a right of access under part I, the occupier would also have to notify the Countryside Agency or the Countryside Council for Wales. This is a limited but sensible amendment and I commend it to the House.
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