Countryside and Rights of Way Bill — 23 Nov 2000 at 23:48
moved Amendments Nos. 46 and 47:
Page 87, line 21, leave out from beginning to ("the").
Page 87, line 23, leave out from ("features") to end of line 33.
On Question, amendments agreed to.
Schedule 7 [Driving of mechanically propelled vehicles elsewhere than on roads]:
[Amendment No. 48 not moved.]
moved Amendment No. 49:
Page 117, line 32, after ("unless") insert ("(subject to section 34A of this Act)").
On Question, amendment agreed to.
[Amendment No. 50 not moved.]
moved Amendments Nos. 51 and 52:
Page 117, line 50, at end insert--
("(5A) Subsection (2) above and section 34A of this Act do not extend to Scotland.").
Page 118, line 11, at end insert--
("5A. After that section there is inserted--
"Exceptions to presumption in section 34(2).
34A.--(1) Where a person is charged with an offence under section 34 of this Act in respect of the driving of any vehicle, it is open to that person to prove under subsection (2) of that section that a way shown in a definitive map and statement as a footpath, bridleway or restricted byway is not a way of the kind shown only--
(a) if he proves to the satisfaction of the court--
(i) that he was a person interested in any land and that the driving of the vehicle by him was reasonably necessary to obtain access to the land,
(ii) that the driving of the vehicle by him was reasonably necessary to obtain access to any land, and was for the purpose of obtaining access to the land as a lawful visitor, or
(iii) that the driving of the vehicle by him was reasonably necessary for the purposes of any business, trade or profession; or
(b) in such circumstances as may be prescribed by regulations made by the Secretary of State (and paragraph (a) above is without prejudice to this paragraph).
(2) In subsection (1) above--
"interest", in relation to land, includes any estate in land and any right over land, whether the right is exercisable by virtue of the ownership of an estate or interest in land or by virtue of a licence or agreement, and in particular includes rights of common and sporting rights, and the reference to a person interested in land shall be construed accordingly;
"lawful visitor", in relation to land, includes any person who enters the land for any purpose in the exercise of a right conferred by law."
5B. In section 195 of that Act--
(a) in subsection (3), after "that section)" there is inserted "34A", and
(b) in subsection (4), after "14" there is inserted ", 34A".").
On Question, amendments agreed to.
Schedule 11 [Transitional provisions and savings relating to sites of special scientific interest]:
moved Amendment No. 53:
Page 145, line 43, at end insert--
("and as if, in subsection (2)(a), after "paragraphs (a) to (k)" there were inserted "and paragraph (n)"").
On Question, amendment agreed to.
Schedule 12 [Amendments relating to Part I of Wildlife and Countryside Act 1981]:
moved Amendment No. 54:
Page 149, line 26, leave out from ("conviction") to ("to") in line 27.
On Question, Whether the said amendment (No. 54) shall be agreed to?
Their Lordships divided: Contents, 18; Not-Contents, 82.
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