Previous Section Back to Table of Contents Lords Hansard Home Page


Baroness Hamwee: My Lords, before the Minister sits down (he almost has done) I wonder whether he can at any rate repeat the reassurance that he gave me in writing that the word "include" does not carry any more powers than those that are listed. Did I miss that point in his reply?

Viscount Ullswater: My Lords, I am happy to give that reassurance.

Baroness Hamwee: My Lords, I thank the Minister. I would quite enjoy continuing to discuss semantics, but perhaps it would tax further the patience of the House. I beg leave to withdraw the amendment.

Amendment, by leave, withdrawn.

The Earl of Lindsay moved Amendment No. 208:


Page 76, line 16, after first ("different") insert ("areas or").

The noble Earl said: My Lords, my noble friend spoke to this amendment with Amendment No. 185. I beg to move.

On Question, amendment agreed to.

Schedule 10 [Minor and consequential amendments relating to National Parks]:

The Earl of Lindsay moved Amendment No. 209:


Page 154, line 16, at end insert:

9 Mar 1995 : Column 436


("( ) In section 114(2) of that Act (construction of references to the preservation of the natural beauty of an area) after the word "preservation"—
(a) in the first place where it occurs, there shall be inserted the words ", or the conservation,", and
(b) in the second place where it occurs, there shall be inserted the words "or, as the case may be, the conservation".").

The noble Earl said: My Lords, in Schedule 10, my noble friend spoke to Amendment No. 209 with Amendment No. 184. In addition, he spoke to Amendments Nos. 210 to 220 with Amendment No. 195. I beg to move.

On Question, amendment agreed to.

The Earl of Lindsay moved Amendments Nos. 210 to 220:


Page 156, leave out lines 4 and 5 and insert:
("( ) In section 184 of the 1972 Act (functions under countryside legislation) in paragraph (b) of subsection (1), for the words "subsections (6) to (8) below" there shall be substituted the words "subsections (7) and (8) below".
( ) In subsection (4) of that section—").
Page 157, line 16, leave out from beginning to ("in") in line 19.
Page 157, leave out lines 22 to 26.
Page 157, line 46, leave out ("after "situated" there shall be inserted "and") and insert ("the word "and" immediately preceding sub-paragraph (ii) shall be omitted and after that sub-paragraph there shall be inserted ("and
(iii)") .
Page 157, line 48, after ("land") insert (", or any part of the land,").
Page 158, line 19, leave out from ("Wales"") to end of line 26.
Page 160, line 18, leave out paragraph 30 and insert:
(".—(1) Paragraph 2(6) of Schedule 8 to the Electricity Act 1989 (definition of "relevant planning authority" for the purposes of consents under that Act) shall be amended in accordance with the following provisions of this paragraph.
(2) In this paragraph "the 1994 amendment" means the omission of the words "and Wales" in paragraph (a) of the said paragraph 2(6) by paragraph 22 of Schedule 6 to the Local Government (Wales) Act 1994.
(3) If the 1994 amendment comes into force after this paragraph, then—
(a) in paragraph (a) of the said paragraph 2(6), for the words "England and Wales" there shall be substituted the words "land in England and Wales which is not in a National Park for which a National Park authority is the local planning authority";
(b) after that paragraph (a) there shall be inserted the following paragraph—
"(aa) in relation to land in England and Wales which is in a National Park for which a National Park authority is the local planning authority, means that National Park authority; and"; and
(c) the 1994 amendment shall have effect in relation to the said paragraph (a) as amended by paragraph (a) above, and on the coming into force of the 1994 amendment the words "and Wales" shall also be omitted from the paragraph (aa) inserted by paragraph (b) above.
(4) If the 1994 amendment comes into force before this paragraph, then—
(a) in paragraph (a) of the said paragraph 2(6), for the word "England" there shall be substituted the words "land in England which is not in a National Park for which a National Park authority is the local planning authority"; and

9 Mar 1995 : Column 437


(b) after that paragraph (a) there shall be inserted the following paragraph—
"(aa) in relation to land in England which is in a National Park for which a National Park authority is the local planning authority, means that National Park authority; and".
(5) If the 1994 amendment comes into force on the same day as this paragraph, the 1994 amendment shall be deemed to have come into force immediately before this paragraph (and sub-paragraph (4) above shall have effect accordingly).
(6) The paragraph (aa) inserted by paragraph 22 of Schedule 6 to the Local Government (Wales) Act 1994 shall be re-numbered "(ab)".").
Page 160, leave out lines 29 to 31 and insert:
(" .—(1) In section 21(1) of the Local Government and Housing Act 1989 (interpretation of Part I) the word "and" immediately preceding paragraph (m) shall be omitted and after that paragraph there shall be added "and
(n) a joint planning board constituted for an area in Wales outside a National Park by an order under section 2(1B) of the Town and Country Planning Act 1990."
(2) In section 39(1) of that Act (application of Part IV), after paragraph (h) there shall be inserted—
"(hh) a joint planning board constituted for an area in Wales outside a National Park by an order under section 2(1B) of the Town and Country Planning Act 1990;".
(3) In section 67(3) of that Act (local authorities for the purposes of Part V) the word "and" at the end of paragraph (o) shall be omitted and after that paragraph there shall be inserted—
"(oo) a joint planning board constituted for an area in Wales outside a National Park by an order under section 2(1B) of the Town and Country Planning Act 1990; and".
(4) In section 152(2) of that Act (relevant authorities for the purposes of imposing certain charges) the word "and" immediately preceding paragraph (l) shall be omitted and after that paragraph there shall be added "and
(m) a joint planning board constituted for an area in Wales outside a National Park by an order under section 2(1B) of the Town and Country Planning Act 1990."
(5) In paragraph 2(1) (b) of Schedule 1 to that Act (bodies to which appointments are made taking account of political balance) for "paragraphs (k) and (m)" there shall be substituted "paragraphs (k), (m) and (n)".").
Page 164, line 4, at end insert:
("The Local Government Finance Act 1992 (c. 14)

. In section 35 of the Local Government Finance Act 1992 (definition of "special items") in subsection (5) (expenses of a billing authority not to be special expenses if they are expenses of meeting a levy from a National Park planning board) paragraphs (a) and (b) shall be omitted and at the end of that subsection there shall be added the words "or
(c) a National Park authority in relation to a National Park in Wales."").
Page 164, line 4, at end insert:
("The Local Government (Overseas Assistance) Act 1993 (c. 25)

. In section 1(10) of the Local Government (Overseas Assistance) Act 1993 (certain bodies on which powers are conferred by the Act), at the end there shall be added—
"(h) a joint planning board constituted for an area in Wales outside a National Park by an order under section 2(1B) of the Town and Country Planning Act 1990.".
Page 164, line 9, at end insert:

9 Mar 1995 : Column 438

("The Local Government (Wales) Act 1994 (c. 19)

. In Schedule 6 to the Local Government (Wales) Act 1994 (minor and consequential amendments relating to planning) in paragraph 2, for the words "paragraphs 3 to 14" there shall be substituted the words "paragraphs 13 and 14".

On Question, amendments agreed to.

Clause 74 [Interpretation of Part III]:

The Earl of Lindsay moved Amendment No. 221:


Page 77, line 22, after ("Act") insert ("or constituted by an order under paragraph 3A of that Schedule or section 2(1B) of the Town and Country Planning Act 1990").

The noble Earl said: My Lords, my noble friend spoke to Amendment No. 221 with Amendment No. 183. In addition, he spoke to Amendments Nos. 222 and 223 with Amendment No. 195. I beg to move.

On Question, amendment agreed to.

The Earl of Lindsay moved Amendments Nos. 222 and 223:


Next Section Back to Table of Contents Lords Hansard Home Page