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Natural Environment and Rural Communities Bill

moved Amendment No. 318:"Page 25, line 36, leave out subsection (3) and insert—" ““(3)   Subsection (1) does not apply to an existing public right of way over a way if— (a)   before 19th May 2005, an application was made under section 53(5) of the Wildlife and Countryside Act 1981 (c.69) for an order making modifications to the definitive map and statement so as to show the way as a byway open to all traffic, (b)   before commencement, the surveying authority has made a determination under paragraph 3 of Schedule 14 to the 1981 Act in respect of such an application, or (c)   before commencement, a person with an interest in land has made such an application and, immediately before commencement, use of the way for mechanically propelled vehicles— (i)   was reasonably necessary to enable that person to obtain access to the land, or (ii)   would have been reasonably necessary to enable that person to obtain access to a part of that land if he had had an interest in that part only. (3A)   Where, immediately before commencement, the exercise of an existing public right of way to which subsection (1) applies— (a)   was reasonably necessary to enable a person with an interest in land to obtain access to the land, or (b)   would have been reasonably necessary to enable that person to obtain access to a part of that land if he had had an interest in that part only, the right becomes a private right of way for mechanically propelled vehicles for the benefit of the land or (as the case may be) the part of the land. (3B)   For the purposes of subsections (3)(c)(i) and (3A)(a), it is irrelevant whether the person was, immediately before commencement, in fact— (a)   exercising the existing public right of way, or (b)   able to exercise it.”” The noble Lord said: I beg to move.