CwazyWabbit Posted October 23, 2014 Share Posted October 23, 2014 http://www.publications.parliament.uk/pa/bills/lbill/2014-2015/0033/amend/am033-n.htm Session 2014-15 Other Public Bills before Parliament Bill Home Page Deregulation Bill Amendments to be moved in grand committee Clause 25 BARONESS BYFORD Leave out Clause 25 and insert the following new Clause Power to authorise erection of stiles etc on paths or ways: England After section 146 of the Highways Act 1980 insert 146A Power to authorise erection of stiles etc on paths or ways: England (1) This section applies where an owner, lessee or occupier represents to a competent authority in England that, for any of the purposes mentioned in subsection (2), it is expedient that stiles, gates or other works should be erected on a footpath, bridleway, restricted byway, or byway open to all traffic that crosses land in England. (2) The purposes are: (a) preventing or reducing crime; (b) ensuring the safety of any persons; © preventing damage to property; (d) preventing the ingress or egress of animals; or (e) protecting the natural environment. (3) Where such a representation is made under subsection (1), the competent authority may, subject to such conditions as they may impose for maintenance and for enabling the right of way to be exercised without undue inconvenience to the public, authorise the erection of the stiles, gates or other works. (4) In exercising their powers under subsection (3), the competent authority may have regard (a) to the needs of persons with mobility problems, and (b) to the guidance given by the Secretary of State as to the exercise of those powers. (5) Where an authorisation is granted under subsection (3), the public right of way is to be deemed to be subject to a condition that the stiles, gates or other works may be erected and maintained in accordance with the authorisation and so long as the conditions attached to it are complied with. (6) For the purposes of section 143, any stile, gate or other works erected in pursuance of an authorisation under this section is to be deemed to be erected under this section only if the provisions of the authorisation and any conditions attached to it are complied with. (7) For the purposes of this section, the following are competent authorities (a) in the case of a footpath, bridleway or restricted byway which is for the time being maintained by a non- metropolitan district council by virtue of section 42 or 50, the council and the highway authority; (b) in any other case, the highway authority. (8) In this section byway open to all traffic has the same meaning as in section 66 of the Wildlife and Countryside Act 1981 (interpretation of Part III). (9) Nothing in this section prejudices any limitation or condition having effect apart form this section. After Clause 28 LORD BRADSHAW LORD JUDD Insert the following new Clause Mechanically propelled vehicles on unsealed roads: removal of burdens (1) Within one year of the passing of this Act, the Secretary of State shall lay before both Houses of Parliament a report containing an assessment of the burdens and costs caused by the use of mechanically propelled vehicles on unsealed rights of way to (a) the users of such rights of way, (b) landowners and tenants, and © other interested parties, including highway authorities, Natural England, National Park Authorities, local authorities, parish councils and other community organisations. (2) A report under subsection (1) shall include (a) proposals to alleviate such burdens and costs, and (b) an assessment as to whether legislation should continue to permit mechanically propelled vehicles to use unsealed rights of way. (3) The Secretary of State may through regulations implement any proposals contained in the report under subsection (1). (4) Regulations made under subsection (3) shall be made by statutory instrument. (5) A statutory instrument under subsection (4) shall not be made unless a draft has been laid before and approved by both Houses of Parliament. (6) The Secretary of State shall not issue a report under subsection (1) until he has consulted with such interested parties as he thinks fit. Quote Link to comment Share on other sites More sharing options...
CwazyWabbit Posted October 23, 2014 Author Share Posted October 23, 2014 The second part is more interesting Quote Link to comment Share on other sites More sharing options...
Nigelw Posted October 23, 2014 Share Posted October 23, 2014 How interesting, but I see the grim reaper at work in there with regards the "costs and burdens" wordings. Time to start shooting these scum bags, also known as politicians. Quote Link to comment Share on other sites More sharing options...
missingsid Posted October 23, 2014 Share Posted October 23, 2014 So all the interested parties who hate us get the oppertunity to ban us! That seems a fair and level playing ground then? Also we are always a burden and never a benifit? Marc. Quote Link to comment Share on other sites More sharing options...
Anderzander Posted October 23, 2014 Share Posted October 23, 2014 To quote my friend, who is more learned in these things : 'Lords' amendments rarely make it into the Act - they can be taken as portents for the future however. The hope is that this Bill is about deregulation and the clause would be a bureaucratic nightmare to implement.' Quote Link to comment Share on other sites More sharing options...
CwazyWabbit Posted October 23, 2014 Author Share Posted October 23, 2014 I shall bow down to your greater insight, I thought it worth putting out there though. Quote Link to comment Share on other sites More sharing options...
Anderzander Posted October 23, 2014 Share Posted October 23, 2014 Crikey ! Not my insight ! When I first read it I just felt ridiculously sad - I was cheered by what he said though. Quote Link to comment Share on other sites More sharing options...
CwazyWabbit Posted October 23, 2014 Author Share Posted October 23, 2014 Crikey ! Not my insight ! ..... Don't burst my bubble Quote Link to comment Share on other sites More sharing options...
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