§ Dr. WoodcockTo ask the Secretary of State for the Environment whether it is a requirement of the countryside premium scheme that rights of way must be kept clear and in good order; and if he will include in the 731W countryside premium scheme a management guidelines requirement that rights of way must be kept clear at all times.
§ Mr. Heathcoat-AmoryLandowners and the local highway authorities are statutorily required to keep all rights of way clear and in good order. The countryside premium scheme, operating in seven eastern counties of England, enhances public access to the countryside and does not override any statutory provisions. It is implict in the general rules and conditions of the scheme that farmers should fulfil their statutory obligations in respect of existing rights of way and, under the guidelines for the meadowland option, there is a specific requirement for landowners to keep open and available for use at all times any footpaths, bridleways or byways on land entered into the scheme. The Countryside Commission keeps the guidelines for the scheme under review.
§ Dr. WoodcockTo ask the Secretary of State for the Environment what steps he is taking to ensure that rights of way across countryside premium scheme land are in good order; and what steps have been taken where rights of way are found not to be in good order.
§ Mr. Heathcoat-AmoryThe duty to protect and assert the public's right of passage and to prevent the stopping up or obstruction of highways is placed with the highway authority under the Highways Act 1980. I am not aware of any problems with rights of way on countryside premium land. However, if such problems came to the attention of the Countryside Commission project officers who are responsible for administering the scheme, they would ask the landowner to take remedial action. Landowners failing to meet their obligations may prejudice payments under the scheme. They may also be prosecuted in certain circumstances by the highway authority or any other person.