Joint Committee on Statutory Instruments Twentieth Report


APPENDIX

Memorandum from the Department for Environment, Food and Rural Affairs

PEAK DISTRICT NATIONAL PARK AUTHORITY (RESTRICTION OF AGRICULTURAL OPERATIONS) ORDER 2002 (S.I. 2002/80)

1. The Order was made on 17 January 2002 and came into force on 18 January 2002. This Memorandum explains why the "21 day rule" was not complied with.

2. The Order prevents certain land which is within the Peak District National Park and consists of, or includes, moor or heath from being damaged by ploughing or other specified agricultural operations.

3. The Department understands that the Peak District National Park Authority became aware in the course of the preceding two weeks of several small areas of land in the National Park being damaged by ploughing and other agricultural operations. On 15 January the National Park Authority became aware of a major incident in which 18 hectares of moor were damaged. The National Park Authority believes that other landowners were also considering undertaking such operations, with the likelihood of other areas of moor in the National Park being damaged. Accordingly, on 16 January, the National Park Authority requested that an order under section 42 of the Act be made.

4. It was decided, having considered the terms of section 42 were met, to make an order immediately to come into effect the following day so as to stop further land being damaged by agricultural operations.

5. The National Park Authority have alerted local radio and television and are informing the Country Landowners Association, National Farmers Union and those landowners they believe to be contemplating ploughing or similar operations. They are giving notice of the order in local newspapers and disseminating information through their ranger service.

21 January 2002

Further Memorandum from the Department for Environment, Food and Rural Affairs

PEAK DISTRICT NATIONAL PARK AUTHORITY (RESTRICTION OF AGRICULTURAL OPERATIONS) ORDER 2002 (S.I. 2002/80)

1. The Committee asked whether the Department has notified the Lord Chancellor and the Speaker of the House of Commons that the above Order had come into force before being laid in accordance with section 4(1) of the Statutory Instrument Act 1946.

2. The Order was made on the evening of 17 January, and came into force at the beginning of 18 January. The Order was laid on the morning of 18 January when the Votes and Proceedings Office in the House of Commons and the Printed Paper Office in the House of Lords opened.

3. The Department acknowledges that on this occasion the Speaker and the Lord Chancellor were not notified in accordance with the Statutory Instrument Practice. The Department apologises for this administrative oversight, and has today written to the Speaker and Lord Chancellor on the subject. Copies of these letters are included for the information of the Committee.

8 February 2002


 
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