Natural Environment and Rural Communities Bill

moved Amendment No. 146:"Page 27, line 43, at end insert—" ““(   )   For the purposes of subsection (3), an application under section 53(5) of the Wildlife and Countryside Act 1981 (duty to keep definitive map and statement under continuous review) is made when it is made in accordance with paragraphs 1 and 2 of Schedule 14 to that Act.”” The noble Baroness said: My Lords, I rise to speak to Amendment No.146. Linked with it is Amendment No.150. These two amendments follow the same example. They are partly drafting amendments and partly technical. Clause 65(3) now exempts claims made before a cut-off date. The claims are commonly made in two stages, sometimes months apart, and authorities differ in their treatment of incomplete claims. Paragraph 1 of Schedule 14 to the Wildlife and Countryside Act 1983 relates only to the first stage and does not entail service of notice on landowners. Paragraph 2 requires such notice. A claim cannot be processed until it is fully complete. A large number of claims have been lodged in incomplete form simply to beat the clock, either before the introduction of restricted byways or, later, to beat NERC commencement. Clearly a claim should conform to statutory requirements to qualify for a designation under Section 31 of the Highways Act 1980. Under present practice, incomplete claims are usually validated at the later date, or they may never be validated at all. As I have pointed out already, rights of way with incomplete claims hanging over them are more vulnerable to wrongful use and to damage. It is possible for authorities to differ in their treatment of such claims and this amendment seeks to ensure that consistency will be paramount. The amendment introduces the logic and clarity that would ensure that all claims considered are complete and above board; it is also consistent with the proposed amendment to Clause 67(1). If the Minister has already accepted this, I apologise. I beg to move.