Clause 2 - Gating orders
Clean Neighbourhoods and Environment Bill
2:30 pm
Mr David Taylor (North West Leicestershire, Labour/Co-operative)
I remind the Committee that with this we are discussing the following amendments: No. 31, in clause 2, page 2, leave out lines 12 and 13.
No. 32, in clause 2, page 2, line 22, after 'locality', insert
', with particular regard to persons with a disability that limits their mobility.'.
No. 33, in clause 2, page 2, line 24, leave out
'a reasonably convenient alternative route'
and insert
'a route which provides a reasonably convenient alternative route to the public at the times when the gating order will be in force.'.
No. 46, in clause 2, page 2, line 24, at end insert—
'(d) the likely effect of making the order on statutory undertakers whose apparatus is located in on over or adjacent to the highway.'.
No. 34, in clause 2, page 2, line 30, at end insert—
'( ) any highway, any part of which crosses or abuts agricultural land;'.
No. 35, in clause 2, page 2, line 43, at end insert
'; or where the highway is the only or principal means of access to any premises or land used for business.'.
No. 47, in clause 2, page 2, line 43, at end insert
'or the exercise of any right by a statutory undertaker'.
No. 36, in clause 2, page 3, line 11, at end insert
', provided that any such order shall require that the barrier be maintained in an open position during any such times as the restriction is not in force.'.
No. 37, in clause 2, page 3, line 13, at end insert
', provided that the installation of such a barrier does not restrict access to the highway during such times as the restriction is not in force to the extent that any previous legitimate use of the highway is prevented.'.
No. 48, in clause 2, page 3, line 13, at end insert—
'(7A) A council installing, operating or maintaining any barrier authorised under subsection 6 shall ensure at all times access through the barrier for statutory undertakers.'.
No. 49, in clause 2, page 3, line 22, at end insert
'and statutory undertakers whose apparatus is located in on over or adjacent to the highway.'.
No. 39, in clause 2, page 4, line 6, at end insert
'; or no longer complies in relation to it'.
No. 40, in clause 2, page 4, leave out lines 7 and 8.
No. 41, in clause 2, page 4, line 26, leave out 'may' and insert 'must'.
No. 42, in clause 2, page 4, line 30, at end insert—
'(d) the posting and maintenance at entry points to any highway subject to a gating order of a notice stating the nature of the restriction of the right of way and the times when the restriction is in force.'.
No. 43, in clause 2, page 4, line 33, at end insert
'; excepting those persons who would be identified for the purposes of sections 129F(4) and 129F(6)(b) below.'.
No. 10, in clause 2, page 4, line 39, leave out 'may' and insert 'must'.
No. 11, in clause 2, page 4, line 44, leave out 'may' and insert 'must'.
No. 12, in clause 2, page 5, line 2, at end insert
'; and they are satisfied that no variation under subsection (2) above would be expedient in all the circumstances for the purpose of reducing crime or anti-social behaviour.'.
No. 50, in clause 2, page 5, line 32, at end insert,
'''statutory undertaker'' means—
(1) the person by whom a relevant statutory right is exercisable (in the capacity in which it is exercisable by him); or
(b) a person having permission under section 109 of the New Roads and Street Works Act 1991 (c. 22) to execute road works, as the case may be references to an undertaker having apparatus in on over or adjacent to the highway, or to the undertaker to whom apparatus belongs, shall be construed accordingly.''.'.
No. 13, in clause 2, page 5, line 19, at end insert—
'(d) the periodic reviewing of gating orders with respect to their continuing expediency in all the circumstances for the purpose of reducing crime or anti-social behaviour; and with respect to the requirements of subsections (2) and (3) above.'.
No. 44, in clause 2, page 5, line 19, at end add—
'(d) the reviewing of gating orders following requests from a person who would be identified for the purposes of subsections (4) and (6)(b) above.'.