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COMMONS AMENDMENT
295Schedule 18, page 251, line 24, leave out from beginning to 'there' and insert:

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'158A. In Schedule 10 to that Act (discharge consents) after paragraph 7 (restriction on variation and revocation of consent and previous variation) there shall be added—
"General review of consents
8.—(1) If it appears appropriate to the Secretary of State to do so he may at any time direct the Authority to review—
(a) the consents given under paragraphs 2 and 5 above, or
(b) any description of such consents,
and the conditions (if any) to which those consents are subject.
(2) A direction given by virtue of sub-paragraph (1) above—
(a) shall specify the purpose for which, and
(b) may specify the manner in which,
the review is to be conducted.
(3) After carrying out a review pursuant to a direction given by virtue of sub-paragraph (1) above, the Authority shall submit to the Secretary of State its proposals (if any) for—
(a) the modification of the conditions of any consent reviewed pursuant to the direction, or
(b) in the case of any unconditional consent reviewed pursuant to the direction, subjecting the consent to conditions.
(4) Where the Secretary of State has received any proposals from the Authority under sub-paragraph (3) above in relation to any consent he may, if it appears appropriate to him to do so, direct the Authority to do, in relation to that consent, anything mentioned in paragraph 6(2) (b) or (c) above.
(5) A direction given by virtue of sub-paragraph (4) above may only direct the Authority to do, in relation to any consent,—
(a) any such thing as the Authority has proposed should be done in relation to that consent, or
(b) any such thing with such modifications as appear to the Secretary of State to be appropriate."
159. For that Schedule'.

Earl Ferrers: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 295.

Moved, That the House do agree with the Commons in their Amendment No. 295.—(Earl Ferrers.)

The Deputy Speaker (Lord McColl of Dulwich): My Lords, in calling Amendment No. 295A, I should inform the House that the following words should be inserted before the words printed in the Marshalled List: "After inserting subsection (8) (1) insert—".

[Amendment No. 295A, as an amendment to Amendment No. 295, not moved.]

On Question, Motion agreed to.

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COMMONS AMENDMENTS
296Schedule 18, page 251, line 34, at end insert:
'(1A) Regulations made by the Secretary of State may make provision for enabling the Agency to direct or determine that any such advertising of an application as is required under sub-paragraph (1) (b) above may, in any case, be dispensed with if, in that case, it appears to the Agency to be appropriate for that advertising to be dispensed with.'.
297Page 256, line 39, at end insert:
'General review of consents
8A.—(1) If it appears appropriate to the Secretary of State to do so he may at any time direct the Agency to review—
(a) the consents given under paragraph 3 or 6 above, or
(b) any description of such consents,
and the conditions (if any) to which those consents are subject.
(2) A direction given by virtue of sub-paragraph (1) above—
(a) shall specify the purpose for which, and
(b) may specify the manner in which,
the review is to be conducted.
(3) After carrying out a review pursuant to a direction given by virtue of sub-paragraph (1) above, the Agency shall submit to the Secretary of State its proposals (if any) for—
(a) the modification of the conditions of any consent reviewed pursuant to the direction, or
(b) in the case of any unconditional consent reviewed pursuant to the direction, subjecting the consent to conditions.
(4) Where the Secretary of State has received any proposals from the Agency under sub-paragraph (3) above in relation to any consent he may, if it appears appropriate to him to do so, direct the Agency to do, in relation to that consent, anything mentioned in paragraph 7(2) (b) or (c) above.
(5) A direction given by virtue of sub-paragraph (4) above may only direct the Agency to do, in relation to any consent,—
(a) any such thing as the Agency has proposed should be done in relation to that consent, or
(b) any such thing with such modifications as appear to the Secretary of State to be appropriate.'.
298Page 257, line 46, leave out '(local inquiries)' and insert '(inquiries and other hearings)'.
299Page 257, line 50, leave out '(local inquiries)' and insert '(inquiries and other hearings)'.
300Page 258, line 41, at end insert:
'167A.—(1) In section 23 of that Act (prohibition on obstructions etc in watercourses) in subsection (2) (which confers power to charge an application fee of £50 or such other sum as may be specified by order made by the Ministers) for the words "specified by order made by the Ministers" there shall be substituted the word "prescribed".
(2) After subsection (7) of that section there shall be inserted—
"(7A) In subsection (2) above "prescribed" means specified in, or determined in accordance with, an order made by the Ministers; and any such order may make different provision for different cases, including different provision in relation to different persons, circumstances or localities."
167B. At the beginning of Part V of that Act (miscellaneous and supplemental provisions) there shall be inserted—

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"Spray irrigation
Powers of internal drainage boards and local authorities to facilitate spray irrigation.

61F.—(1) Any internal drainage board or local authority may, with the consent of the Agency, operate any drainage works under the control of the board or authority so as to manage the level of water in a watercourse for the purpose of facilitating spray irrigation.
(2) Subsection (1) above is without prejudice to—
(a) the powers of an internal drainage board or local authority in relation to drainage; or
(b) any requirement—
(i) for any other consent of the Agency or any other person; or
(ii) for any licence, approval, authorisation or other permission or registration."
167C.—'.
301Page 259, line 15, at end insert:
'169A. In section 59 of that Act (local inquiries) in subsection (1)—
(a) for the words "a local inquiry" there shall be substituted the words "an inquiry"; and
(b) for the words "such an inquiry" there shall be substituted the words "an inquiry";
and for the side-note to that section there shall accordingly be substituted "Inquiries.".'.
302Page 259, line 29, leave out 'subsection (7)' and insert:
'subsection (1) (c) (application to be accompanied by prescribed fee), for the words "prescribed fee" there shall be substituted the words "charge prescribed for the purpose by a charging scheme under section 39 of the Environment Act 1995".
(2) In subsection (7) of that section'.
303Page 259, line 35, leave out from 'apparatus)' to end of line 38 and insert:
'in subsection (1) (c) (application to be accompanied by prescribed fee), for the words "prescribed fee" there shall be substituted the words "charge prescribed for the purpose by a charging scheme under section 39 of the Environment Act 1995".
(2) In each of subsections (3) and (5) (b) of that section (duty to supply copy of application, and to send copy of certificate, to local authority),'.
304Page 259, line 46, at end insert:
'( ) In subsection (4) (application to be accompanied by prescribed fee), for the words "prescribed fee" there shall be substituted the words "charge prescribed for the purpose by a charging scheme under section 39 of the Environment Act 1995".'.
305Page 263, line 31, at end insert:
'. In section 32 of that Act (offences relating to registration or authorisation, including the offence of failure to comply with the requirements of an enforcement or prohibition notice under section 21 or 22 of the Act) after subsection (2) there shall be added—
"(3) If the appropriate Agency is of the opinion that proceedings for an offence under subsection (1) (d) would afford an ineffectual remedy against a person who has failed to comply with the requirements of a notice served on him under section 21 or 22, that Agency may take proceedings in the High Court or, in Scotland, in any court of competent jurisdiction, for the purpose of securing compliance with the notice.".'.
. In section 34(1) of that Act (which, with certain exceptions, makes it an offence to disclose certain trade secrets) after paragraph (b) (no offence where disclosure made in accordance with directions) there shall be inserted—

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"(bb) under or by virtue of section (Disclosure of information) of the Environment Act 1995, or'.
306Page 263, line 50, at end insert:
'. Section 42(5) of that Act (which precludes, in the interests of national security, the exercise of certain powers of entry in relation to Crown premises and which is superseded by provisions of this Act) shall cease to have effect.'.
307Page 264, line 13, at end insert:
'( ) In the definition of "prescribed", the words from "or, in relation to fees" onwards shall cease to have effect.'.
308Page 264, line 34, leave out '42, 46 and 56(1) to (4)' and insert '42B, 46 to 46C and 56(1) to (3)'.
309Page 264, line 34, at end insert:
'The Local Government (Wales) Act 1994
199A. In Schedule 9 to the Local Government (Wales) Act 1994 (which makes provision for the transfer to the new principal councils in Wales of functions in relation to public health and related matters), in paragraph 17(2) (which amends the definitions of waste regulation and disposal authorities for the purposes of Part II of the Environmental Protection Act 1990) for the words "each of subsections (1) (f) and (2) (f)" there shall be substituted the words "subsection (2) (f)".'.
310Page 264, line 38, at end insert:
'( ) In Schedule 13 to that Act (minor and consequential amendments) in paragraph 75(27) (which amends certain provisions of the Sewerage (Scotland) Act 1968) for the words from the beginning to "premises)" there shall be substituted the words "In section 53 (notices to be in writing)".'.
311Schedule 19, page 267, line 44, at end insert:
'The Public Records Act 1958
.—(1) Such of the administrative and departmental records (in whatever form or medium) of a transferor as are transferred to and vested in the Agency by or under section 3 of this Act shall be treated for the purposes of the Public Records Act 1958 as administrative or departmental records of the Agency.
(2) In this paragraph, "transferor" means any body or person any or all of whose administrative and departmental records are transferred to and vested in the Agency by or under section 3 of this Act.'.
312Page 268, line 9, at end insert:
'.—(1) Where for any year, a Rate Support Grant Report under section 60 of the Local Government, Planning and Land Act 1980, or a supplementary report under section 61 of that Act, has effect to determine the amount of supplementary grants to be paid under section 7 of the Local Government Act 1974 to the council of a county or county borough in Wales, and at any time—
(a) after that report or, as the case may be, that supplementary report is approved by a resolution of the House of Commons, but
(b) not later than the end of that year,
a body corporate constituted as a National Park planning board for a National Park the whole or any part of which is included in that county or county borough becomes the National Park authority for that National Park by virtue of section 61 of this Act, those supplementary grants shall, subject to the provisions of any, or any further, such supplementary report, continue to be paid for that year notwithstanding that that body corporate has ceased to be a National Park planning board.
(2) In this paragraph—
"National Park planning board" has the meaning given by section 61(9) of this Act; and
"year" means a period of 12 months beginning with 1st April.'.

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313Page 268, line 36, leave out '11(4) or 14(3)' and insert 'or 11(4)'.
314Page 268, line 50, at end insert:
'(4A) Without prejudice to section 16 or 17 of the Interpretation Act 1978, any exemption granted under subsection (1) or (2) of section 14 of the Salmon and Freshwater Fisheries Act 1975 which is in force immediately before the substitution date shall have effect on and after that date as an exemption granted by the Agency under subsection (2) or, as the case may be, subsection (3) of section 14 of that Act as substituted by paragraph 13 of Schedule 12 to this Act.
(4B) Any grating constructed and placed in a manner and position approved under section 14(3) of that Act as it had effect before the substitution date (including a grating so constructed and placed at any time as a replacement for a grating so constructed and placed) shall, if—
(a) the approval was in force immediately before the substitution date, and
(b) the grating is maintained in accordance with the approval,
be taken for the purposes of section 14 of that Act, as substituted by paragraph 13 of Schedule 12 to this Act, to be a screen which complies with the requirements of subsection (2) (a) or (3) (a) of that section, according to the location of the grating, and with the requirements of subsections (4) to (6) of that section.'.
315Page 269, line 4, at end insert:
'"grating" means a device in respect of which there is in force, immediately before the substitution date, an approval given for the purposes of the definition of "grating" in section 41(1) of the Salmon and Freshwater Fisheries Act 1975 as it had effect before that date;
"the substitution date" means the date on which paragraph 13 of Schedule 12 to this Act comes into force;'.
316Page 269, line 7, at end insert:
'The Local Government Finance Act 1988
.—(1) Without prejudice to the generality of subsection (4) of section 61 of this Act, where an order has been made under section 60 of this Act by virtue of section 61(1) of this Act designating a date in relation to a Welsh National Park planning board, the body corporate constituted as that board may at any time before the designated date issue a levy by virtue of section 68 of this Act for a year at or before the beginning of which that body becomes the National Park authority for the National Park in question by virtue of section 61 of this Act as if it were the National Park authority for that National Park, notwithstanding that it has not in fact become a National Park authority at the date when it issues the levy.
(2) Without prejudice to the generality of section 74 of the Local Government Finance Act 1988, where—
(a) an order is made under section 60 of this Act by virtue of section 61(1) of this Act designating a date in relation to a Welsh National Park planning board; and
(b) the designated date is a date falling after the beginning, but before the end, of a year in respect of which, at the time the order is made, that board has not issued any levy under that section 74,
that board may nonetheless issue such a levy in respect of that year as if the body corporate constituted as that board was not in fact going to become the National Park authority for the National Park in question by virtue of that order before the end of that year.
(3) Sub-paragraph (5) below applies in a case where a levy is issued in respect of any year by a Welsh National Park planning board under section 74 of the Local Government Finance Act 1988 and—

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(a) that levy is issued by that board at a time when no order has been made under section 60 of this Act by virtue of section 61(1) of this Act designating a date in relation to that board; and
(b) after the levy is issued, but no later than the end of the year in respect of which it is issued, such an order is so made designating in relation to that board a date falling not later than the end of that year.
(4) Sub-paragraph (5) below also applies in a case where a levy is issued in respect of any year by a Welsh National Park planning board under section 74 of the Local Government Finance Act 1988 and—
(a) that levy is issued by that board at a time after an order has been made under section 60 of this Act by virtue of section 61(1) of this Act designating a date in relation to that board; and
(b) the designated date is a date falling after the beginning, but before the end, of that year.
(5) In a case where this sub-paragraph applies, the levy in question or any levy substituted for that levy—
(a) shall have effect or, as the case may be, continue to have effect; and
(b) in particular, but without prejudice to the generality of paragraph (a) above, shall be paid or, as the case may be, continue to be paid,
as if the body corporate constituted as that board was not to, or had not, so become the National Park authority for the National Park in question (but was to continue, or had continued, to be the National Park planning board for that Park for the whole of that year).
(6) Where a body corporate constituted as a Welsh National Park planning board has or is to become the National Park authority for the National Park in question by virtue of an order made under section 60 of this Act by virtue of section 61(1) of this Act, nothing in this paragraph authorises that body corporate to issue for any year both a levy under section 74 of the Local Government Finance Act 1988 and a levy by virtue of section 68 of this Act.
(7) In this paragraph—
"the designated date" has the same meaning as in section 61 of this Act;
"National Park planning board" has the meaning given by section 61(9) of this Act;
"Welsh National Park planning board" means a National Park planning board for the area of a National Park in Wales;
"year" means a period of 12 months beginning with 1st April;
and any reference to the issue of a levy under section 74 of the Local Government Finance Act 1988 by a Welsh National Park planning board is a reference to the issue of a levy under that section by such a board by virtue of subsection (7) of that section.'.
317Page 270, line 42, at end insert:
'The Water Industry Act 1991
.—(1) Where, before the coming into force of the repeal by this Act of section 151 of the Water Industry Act 1991 (financial contributions to rural services), the Secretary of State has received an application from a relevant undertaker for a contribution under that section, he may, notwithstanding the coming into force of that repeal—
(a) give any such undertaking for any contribution sought by that application as he could have given under that section prior to the coming into force of that repeal;
(b) make any payments provided for in an undertaking given by virtue of this sub-paragraph.
(2) Notwithstanding the coming into force of the repeal by this Act of that section—

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(a) the Secretary of State may make any payments provided for in an undertaking given by him under that section prior to the coming into force of that repeal;
(b) subsection (4) of that section (withholding and reduction of contributions) shall—
(i) continue to have effect in relation to contributions which the Secretary of State, before that repeal of that section, gave an undertaking under that section to make; and
(ii) have effect in relation to contributions which the Secretary of State has, by virtue of sub-paragraph (1) above, undertaken to make.'.
318Schedule 20, page 273, line 34, column 3, leave out 'Section 50(3) (e).' and insert 'In section 50(3), paragraph (e) and the words from "and "National Parks planning authority" means" onwards.'.
319Page 274, line 12, at end insert:


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