Natural Environment and Rural Communities Bill

House of Commons

Session 2005 - 06
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Other Bills before Parliament

Natural Environment and Rural Communities Bill

Natural Environment and Rural Communities Bill
Part 6 — Rights of way
24

The Broads
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Functions of Broads Authority and others in relation to the Broads
(1)
Amend the Norfolk and Suffolk Broads Act 1988 (c. 4) as follows.
(2)
In section 2 (functions of the Authority: general), in subsection (1), for
paragraphs (a) and (b) substitute—
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“(a)
conserving and enhancing the natural beauty, wildlife and
cultural heritage of the Broads;
(b)
promoting opportunities for the understanding and enjoyment
of the special qualities of the Broads by the public; and”.
(3)
In section 17A (general duty of public bodies etc.), in subsection (1), for
10
paragraphs (a) and (b) substitute—
“(a)
conserving and enhancing the natural beauty, wildlife and
cultural heritage of the Broads;
(b)
promoting opportunities for the understanding and enjoyment
of the special qualities of the Broads by the public; and”.
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(4)
Any increase in the expenses of the Broads Authority attributable to subsection
(2) and not related to protecting the interests of navigation is to be met
otherwise than by means of—
(a)
charges of a kind mentioned in section 13(1) of the 1988 Act, or
(b)
levies under section 14(1) of the 1988 Act.
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Part 6
Rights of way
61
Restriction on creation of new public rights of way
(1)
No public right of way for mechanically propelled vehicles is created after
commencement unless it is—
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(a)
created (by an enactment or instrument or otherwise) on terms that
expressly provide for it to be a right of way for such vehicles, or
(b)
created by the construction, in exercise of powers conferred by virtue of
any enactment, of a road intended to be used by such vehicles.
(2)
For the purposes of the creation after commencement of any other public right
30
of way, use (whenever occurring) of a way by mechanically propelled vehicles
is to be disregarded.
62
Ending of certain existing unrecorded public rights of way
(1)
An existing public right of way for mechanically propelled vehicles is
extinguished if it is over a way which, immediately before commencement—
35
(a)
was not shown in a definitive map and statement or was shown in a
definitive map and statement only as a footpath, bridleway or
restricted byway, and
(b)
was being used by the public mainly for one or more of the purposes
for which restricted byways are used or was not being used by the
40
public as a right of way of any kind.

But this is subject to subsections (2) to (4).

Natural Environment and Rural Communities Bill
Part 6 — Rights of way
25

(2)
Subsection (1) does not apply to an existing public right of way if—
(a)
it was not shown in a definitive map and statement but was shown in a
list required to be kept under section 36(6) of the Highways Act 1980
(c. 66) (list of highways maintainable at public expense),
(b)
it was created (by an enactment or instrument or otherwise) on terms
5
that expressly provide for it to be a right of way for mechanically
propelled vehicles,
(c)
it was created by the construction, in exercise of powers conferred by
virtue of any enactment, of a road intended to be used by such vehicles,
or
10
(d)
it was created by virtue of use by such vehicles during a period ending
before 1st December 1930.
(3)
Where, immediately before commencement, the exercise of an existing public
right of way to which subsection (1) applies was reasonably necessary to
enable access to any land to be obtained by—
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(a)
a person with an interest in that land, or
(b)
a lawful visitor to that land,

the right so far as so exercisable on commencement becomes a private right of
way for mechanically propelled vehicles for the benefit of that land.
(4)
Nothing in this section applies in relation to an area in London to which Part 3
20
of the Wildlife and Countryside Act 1981 (c. 69) does not apply.
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Supplementary
(1)
In section 53(3)(c)(i) of the Wildlife and Countryside Act 1981 (c. 69)
(modification of definitive map and statement on discovery of evidence of a
right of way), after “public path” insert “, a restricted byway”.
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(2)
In section 34 of the Road Traffic Act 1988 (c. 52) (prohibition of driving
mechanically propelled vehicles elsewhere than on roads)—
(a)
in subsection (2), omit “(subject to section 34A of this Act)”, and
(b)
in subsection (6), for “and section 34A of this Act do” substitute “does”.
(3)
In Schedule 7 to the Countryside and Rights of Way Act 2000 (c. 37), omit
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paragraphs 6 and 7.
64
Interpretation
(1)
In sections 61 and 62—
“interest”, in relation to land, includes any estate in land and any right
over land (whether exercisable by virtue of the ownership of an estate
35
or interest in the land or by virtue of a licence or agreement) and, in
particular, includes rights of common and sporting rights,
“mechanically propelled vehicle” does not include a vehicle falling within
section 189(1)(c) of the Road Traffic Act 1988 (electrically assisted pedal
cycle), and
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expressions defined for the purposes of Part 3 of the Wildlife and
Countryside Act 1981 by section 66(1) of that Act have the same
meaning as in that Part.

Natural Environment and Rural Communities Bill
Part 7 — Inland Waterways
26

(2)
In each of sections 61 and 62 “commencement” means the commencement of
that section; and in section 62 “existing” means in existence immediately before
commencement.
Part 7
Inland Waterways
5
65
Inland Waterways Advisory Council
The body established by section 110 of the Transport Act 1968 (c. 73) and
known as the Inland Waterways Amenity Advisory Council is to be known
instead as the Inland Waterways Advisory Council.
66
Constitution of Council
10
For section 110 of the 1968 Act substitute—
“110
  The Inland Waterways Advisory Council
(1)
There is to be a body known as the Inland Waterways Advisory
Council (“the Council”).
(2)
The Council is to consist of a chairman and not less than 12 other
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members.
(3)
The chairman is to be appointed by the Secretary of State after
consulting the Scottish Ministers.
(4)
Two of the members are to be appointed by the Scottish Ministers after
consulting the Secretary of State.
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(5)
In making those appointments, the Scottish Ministers must have regard
to the desirability of appointing persons who appear to them to have
specialist knowledge of Scotland.
(6)
The other members of the Council are to be appointed by the Secretary
of State.
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(7)
The members must include persons who appear to the person making
the appointment to have wide knowledge of, and interest in, inland
waterways.”
67
Term of office, procedure etc.
After section 110 of the 1968 Act insert—
30
“110A
  Term of office, procedure etc.
(1)
The members of the Council—
(a)
hold and vacate office in accordance with their terms of
appointment, and
(b)
on ceasing to hold office, are eligible for reappointment;
35

but a member may at any time resign his office by notice in writing to
the Secretary of State or (as the case may be) the Scottish Ministers.
(2)
The Council—

Natural Environment and Rural Communities Bill
Part 7 — Inland Waterways
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(a)
may, with the approval of the Secretary of State and after
consulting the Scottish Ministers, appoint such regional
committees as they think fit, and
(b)
may appoint such other committees as they think fit.
(3)
The Council may determine the procedure (including quorum) of the
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Council or any committee.
(4)
The Secretary of State or the Scottish Ministers may pay the members
of the Council—
(a)
travelling and other expenses;
(b)
allowances for loss of remunerative time.
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(5)
The Secretary of State may pay the chairman such remuneration as the
Secretary of State may determine.
(6)
If the chairman receives such remuneration he is not to be paid any
allowance under subsection (4) for loss of remunerative time.
(7)
The Secretary of State and the Scottish Ministers must pay the
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Council—
(a)
in respect of each financial year, and
(b)
in proportions agreed by the Secretary of State and the Scottish
Ministers,

the amount that the Secretary of State and the Scottish Ministers agree
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is required for the performance during that year of the functions of the
Council.
(8)
“Financial year” means—
(a)
the period beginning with the date on which this section comes
into force and ending with the next 31st March, and
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(b)
each subsequent period of 12 months ending with 31st March.”
68
Functions of Council: England and Wales
After section 110A of the 1968 Act insert—
“110B
  Functions of Council: England and Wales
(1)
The Council—
30
(a)
shall provide the Secretary of State and navigation authorities
with such advice as appears to the Council appropriate about
matters relevant to inland waterways in England and Wales,
and
(b)
may provide any other interested person with such advice.
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(2)
“Navigation authority” means any person who has a duty or power
under any enactment to work, maintain, conserve, improve or control
any canal or other inland navigation, navigable river, estuary, harbour
or dock.
(3)
“Interested person”, in relation to any matter, means a person
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appearing to the Council to have a sufficient interest in the matter.”