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Greenlane legislation?


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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.

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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.'

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