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Viscount Ullswater moved Amendment No. 289:


Page 248, leave out lines 12 to 17 and insert:

9 Mar 1995 : Column 548

("Charging schemes

.—(1) Without prejudice to section 52 of this Act, any charging scheme—
(a) which relates to any transferred functions,
(b) which was made before the transfer date, and
(c) which is in force immediately before that date or would (apart from this Act) have come into force at any time after that date,
shall, subject to the provisions of section 39 of this Act, have effect on and after the transfer date, with any necessary modifications, and for the remainder of the period for which the charging scheme would have been in force apart from any repeal made by this Act, as a scheme made under that section by the transferee in accordance with section 40 of this Act.
(2) Any costs or expenses incurred before the transfer date by any person in carrying out functions transferred to a new Agency by or under this Act may be treated for the purposes of subsections (3) and (4) of section 40 of this Act as costs or expenses incurred by that new Agency in carrying out those functions.
(3) In this paragraph—
"charging scheme" means a scheme specifying, or providing for the determination of, any fees or charges;
"new Agency" means the Agency or SEPA;
"transferred functions" means any functions which, by virtue of any provision made by or under this Act, become functions of a new Agency and "the transferee" means the new Agency whose functions they so become.").

The noble Viscount said: My Lords, I spoke to this amendment with Amendment No. 104. I beg to move.

On Question, amendment agreed to.

Viscount Ullswater moved Amendment No. 289A:


Page 248, line 50, at end insert:

("Membership of Welsh National Park authorities

.—(1) Where a body corporate constituted as a Welsh National Park planning board becomes, or has become, the National Park authority in relation to the National Park in question by virtue of an order under section 60 of this Act made by virtue of section (National Park authorities in Wales)(1) of this Act, paragraph 2 of Schedule 7 to this Act shall, in its application in relation to that National Park authority at any time before 31st March 1997, have effect with the following modifications.
(2) In sub-paragraph (5)—
(a) in paragraph (a), after the word "council" there shall be inserted the words "or, if earlier, until the council which appointed him as a local authority member of that authority is excluded from the councils by whom such members of that authority are to be appointed"; and
(b) in paragraph (b), after the word "cessation" there shall be inserted the words "or exclusion".
(3) In sub-paragraph (6), after the words "Sub-paragraph (5) (a) above" there shall be inserted the words ", so far as relating to cessation of membership of a council,".
(4) In this paragraph, "Welsh National Park planning board" means a National Park planning board, as defined in section (National Park authorities in Wales) of this Act, for the area of a National Park in Wales.").

The noble Viscount said: My Lords, I spoke to this amendment with Amendment No. 183.

On Question, amendment agreed to.

Viscount Ullswater moved Amendments Nos. 290 and 291:


Page 250, line 21, after ("Act") insert (", in its application to England and Wales,").

9 Mar 1995 : Column 549


Page 250, leave out line 30 and insert:
(" . If, at the transfer date, the content of the strategy required by section 44B of that Act has not been finally determined, any plan or modification under section 50 of that Act, in its application to Scotland, whose content has been finally determined before that date shall continue in force until the contents of the strategy are finally determined, notwithstanding the repeal by this Act of that section.").

The noble Viscount said: My Lords, these are technical amendments. I beg to move.

On Question, amendments agreed to.

Schedule 20 [Repeals and revocations]:

Viscount Ullswater moved Amendments Nos. 292 and 293:


Page 256, line 32, column 3, at end insert:
("Section 31D.") .

Page 257, line 40, column 3, at end insert:
("Section 91(5) (a).") .

The noble Viscount said: My Lords, my noble friend Lord Lindsay spoke to these amendments with Amendment No. 259. I beg to move.

On Question, amendments agreed to.

Viscount Ullswater moved Amendments No. 294 to 309A:


Page 258, line 49, column 3, at end insert ("In section 103(2) (c), the word "and" immediately preceding sub-paragraph (ii).").
Page 259, line 9, column 3, leave out ("17(3)") and insert ("17, in subsection (3),").
Page 259, line 10, column 3, at beginning insert (""the").
Page 259, line 12, column 3, at end insert ("and, in subsection (4), in the definition of "a Welsh planning board", paragraph (b) and the word "or" immediately preceding it").
Page 259, line 13, column 3, leave out ("4(3)") and insert ("4").
Page 259, line 14, column 3, after ("3,") insert ("in sub-paragraph (3),").
Page 259, line 14, column 3, after ("words") insert (""the").
Page 259, line 16, column 3, at end insert ("and, in sub-paragraph (4), in the definition of "a Welsh planning board", paragraph (b) and the word "or" immediately preceding it").
Page 260, line 21, column 3, leave out ("573(1),") and insert ("573, in subsection (1),").
Page 260, line 25, column 3, at end insert ("and, in subsection (1A), paragraph (b) and the word "or" immediately preceding it").
Page 260, line 35, column 3, leave out ("and").
Page 260, line 37, column 3, at end insert ("and a special planning board constituted under paragraph 3A of Schedule 17 to the Local Government Act 1972").
Page 260, line 37, at end insert:
("1988 c. 41. The Local Government Finance Act 1988. In section 74(7), paragraph (b) and the word "and" immediately preceding it.").

9 Mar 1995 : Column 550


Page 261, line 5, column 3, after ("1") insert ("in paragraph 2(1) (b), the word "(m)" and").
Page 261, line 7, column 3, leave out ("1(5)") and insert ("1, in subsection (5)").
Page 261, line 13, column 3, at end insert ("and, in subsection (6), the words "section 4(3) and".").
Page 263, line 49, column 3, at end insert:
("In section 79, in subsection (7), in the definition of "local authority", the word "and" following paragraph (b).").

The noble Viscount said: My Lords, I spoke to Amendments Nos. 294 to 309 with Amendment No. 195 and my noble friend Lord Lindsay spoke to Amendment No. 309A with Amendment No. 250A. I beg to move.

On Question, amendments agreed to.

[Amendment No. 309B not moved.]

Viscount Ullswater moved Amendments Nos. 310 to 314:


Page 266, line 16, column 3, at beginning insert ("Section 35(5) (a) and (b).").
Page 267, line 46, column 3, at beginning insert:
("Section 19(2) and (3). Section 59(15). In Schedule 5, in Part III, paragraph 10. In Schedule 6, paragraphs 3 to 12, 18, 23, 24(1), 28 and 29.").

Page 267, line 47, column 3, at end insert:
("In Schedule 15, paragraph 64(b). In Schedule 16, paragraph 65(5) and (9). In Schedule 17, paragraph 13.").

Page 267, line 55, column 3, after ("(4)") insert (",(8)").
Page 268, line 14, column 3, at end insert ("In Schedule 10, paragraph 22(1).").

The noble Viscount said: My Lords, I spoke to Amendments Nos. 310 to 312 with Amendment No. 195, to Amendment No. 313 with Amendment No. 259 and to Amendment No. 314 with Amendment No. 185. I beg to move.

On Question, amendments agreed to.

        House adjourned at three minutes before midnight.


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