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The Earl of Lindsay moved Amendment No. 394:


Page 236, line 34, leave out ("In section 27 (procedure on appeals under section 26)") and insert:
("(1) Section 27 of that Act (procedure on appeals under section 26) shall be amended in accordance with the following provisions of this paragraph.

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(2) In subsection (1) (power of Secretary of State to refer appeal to appointed person) after the word "26" there shall be inserted the words ", other than an appeal against any decision of, or notice served by, SEPA,".
(3) After that subsection there shall be inserted—
"(1A) As respects an appeal against any decision of, or notice served by, SEPA, this section is subject to section 95 of the Environment Act 1995 (delegation or reference of appeals)."
(4)").

The noble Earl said: I spoke to this amendment with Amendment No. 384. I beg to move.

On Question, amendment agreed to.

Schedule 18, as amended, agreed to.

Schedule 19 [Transitional and transitory provisions and savings]:

Viscount Ullswater moved Amendment No. 394A:


Page 240, line 23, at end insert:

("The Control of Pollution Act 1974

. As respects England and Wales, any resolution passed in pursuance of section 11 of the Control of Pollution Act 1974 (special provision for land occupied by disposal authorities: resolutions etc) which is in force immediately before the day on which the repeals in that section made by this Act come into force shall have effect on and after that day as if it were a waste management licence granted by the Environment Agency under Part II of the Environmental Protection Act 1990 subject to the conditions specified in the resolution pursuant to subsection (3) (e) of that section.").

The noble Viscount said: I spoke to this amendment with Amendment No. 352B. I beg to move.

On Question, amendment agreed to.

The Earl of Lindsay moved Amendments Nos. 395 to 397:


Page 242, line 12, leave out ("21") and insert ("28").
Page 242, line 36, leave out ("subsection (5) of section 97 of") and insert ("sub-paragraph (4) of paragraph 2 of Schedule 17 to").
Page 242, line 39, leave out ("subsection") and insert ("sub-paragraph").

The noble Earl said: I spoke to these amendments with Amendment No. 384. I beg to move.

On Question, amendments agreed to.

Schedule 19, as amended, agreed to.

Schedule 20 [Repeals and revocations]:

Viscount Ullswater moved Amendments Nos. 397A and 397B:


Page 244, line 11, column 3, at end insert ("In section 11A(5), in paragraph (b) of the definition of "local authority", the words "district council".").
Page 244, line 49, column 3, leave out ("onwards") and insert ("to "such a National Park"").

The noble Viscount said: I spoke to these amendments with Amendment No. 258ZB. I beg to move.

On Question, amendments agreed to.

The Earl of Lindsay moved Amendments Nos. 397C to 399:


Page 245, line 51, column 3, at end insert ("In section 223(2), the words "and the National Rivers Authority".").

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Page 246, line 14, column 3, after ("(3) (c) (ii)") insert (", so far as extending to England and Wales,").
Page 246, line 20, column 3, leave out from ("(5) (b)") to end of line 23 and insert (", so far as extending to England and Wales, the words "the National Rivers Authority".").

The noble Earl said: I spoke to these amendments when speaking to Amendment No. 352AA. I beg to move.

On Question, amendments agreed to.

Viscount Ullswater moved Amendments Nos. 399A and 399B:


Page 246, line 24, column 3, at beginning insert:
("In section 5, in subsection (4), the words following paragraph (b), and subsection (5). In section 7, in subsections (1) and (4), the words "issued by a disposal authority" and, in subsection (2), the words "or, in relation to Scotland, subsection (5)". In section 9(4), the words "issued by the authority". In section 11, subsections (1) to (11). In section 30(1), the words from "and for the purposes" to the end.").

Page 248, line 53, column 3, at end insert ("In Schedule 2, paragraph 9(2) and (3).").

The noble Viscount said: I spoke to these amendments with Amendment No. 352B. I beg to move.

On Question, amendments agreed to.

The Earl of Lindsay moved Amendments Nos. 399C and 399CA:


Page 250, line 44, column 3, at end insert ("In Schedule 17, paragraphs 3(2) and (3), 5(2), 7(9) (d) and 9(1).").
Page 250, line 44, column 3, at end insert ("In Schedule 25, paragraphs 43(1) and 48(3) and (4).").

The noble Earl said: My noble friend Lord Howe spoke to Amendment No. 399C with Amendment No. 335ZBA, and I spoke to Amendment No. 399CA with Amendment No. 352AA. I beg to move.

On Question, amendments agreed to.

[Amendment No. 399D had been withdrawn from the Marshalled List.]

Viscount Ullswater moved Amendments Nos. 399E and 399F:


Page 253, line 4, column 3, after ("(6)") insert ("in subsection (11), in the definition of "National Park authority", the words "subject to subsection (11A) below" and subsection (11A)").
Page 253, line 9, column 3, leave out ("and subsection (8)") and insert ("subsection (8), in subsection (12), in the definition of "National Park authority", the words "subject to subsection (12A) below" and subsection (12A)").

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The noble Viscount said: I spoke to these amendments with Amendment No. 258ZB on 2nd February. I beg to move.

On Question, amendments agreed to.

The Earl of Lindsay moved Amendment No. 400:


Page 253, line 17, column 3, leave out ("so far as extending to England and Wales").

The noble Earl said: I spoke to this amendment with Amendment No. 372. I beg to move.

On Question, amendment agreed to.

Viscount Ullswater moved Amendment No. 400A:


Page 253, line 31, column 3, at end insert ("Section 75(3).").

The noble Viscount said: I spoke to this amendment with Amendment No. 352B. I beg to move.

On Question, amendment agreed to.

[Amendments Nos. 401 to 401C not moved.]

Viscount Ullswater moved Amendment No. 402:


Page 255, leave out line 53.

The noble Viscount said: I spoke to this amendment with Amendment No. 347. I beg to move.

On Question, amendment agreed to.

The Earl of Lindsay moved Amendment No. 402A:


Page 256, line 2, column 3, at end insert ("18(a),").

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The noble Earl said: My noble friend Lord Howe spoke to this amendment with Amendment No. 335ZBA. I beg to move.

On Question, amendment agreed to.

[Amendment No. 402B not moved.]

Viscount Ullswater moved Amendments Nos. 403 and 403A:


Page 257, line 45, column 3, leave out from ("(9),") to end of line 47 and insert ("and 119(54) (a) (ii) and (h) (iii) and, in paragraph 167, sub-paragraph (2), in sub-paragraph (3) the words "(1) (g),", and sub-paragraphs (4), (5), (7) and (9).").
Page 257, line 48, leave out column 3 and insert ("In section 8, in the definition of "National Park authority" in subsection (5), the words "subject to subsection (6) below" and subsection (6).").

The noble Viscount said: I spoke to these amendments with Amendment No. 258ZB. I beg to move.

On Question, amendments agreed to.

Viscount Ullswater moved Amendment No. 404:


Page 257, line 48, column 3, at end insert ("In Schedule 18, paragraphs 13A to 13J .").

The noble Viscount said: I spoke to this amendment with Amendment No. 352B. I beg to move.

On Question, amendment agreed to.

Schedule 20, as amended, agreed to.

House resumed: Bill reported with amendments.

        House adjourned at seven minutes past ten o'clock.

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