Countryside and Rights of Way Bill -
Amendments to be debated in the House of Lords
- continued
House of Lords

back to previous amendments
 
  
Schedule 8
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
458     Page 90, line 41, at end insert--
 
    ("(  )  In considering any representation or objection duly made, the Council may seek advice on any issue raised in such a representation or objection from any person (other than an employee of the Council) with relevant scientific expertise or experience.")
 
459     Page 91, line 2, at end insert--
 
    ("(  )  In preparing a statement of its views about the management of the land under subsection (4), the Council shall consult every owner and occupier of the land and shall take into account the views expressed by every owner and occupier of the land.")
 
460     Page 91, line 10, at end insert--
 
    ("(  )  The notice given under subsection (5) shall include a statement showing how the Council has addressed any representation or objection duly made under subsection (3) and a statement setting out the Council's views on any such representation or objection.")
 
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
THE BARONESS THOMAS OF WALLISWOOD
 
461     Page 91, line 29, at end insert--
 
    ("(9A)  The Council shall establish and maintain a list of sites of special scientific interest which shall contain such information as is prescribed by the Secretary of State.")
 
  
BY THE LORD WHITTY
 
462     Page 91, leave out lines 30 to 33 
463     Page 91, line 34, leave out second ("and") and insert ("to") 
464     Page 92, line 23, at end insert-- 
 ("Notification of additional land.     28AA.--(1)  Where the Nature Conservancy Council are of the opinion that if land adjacent to a site of special scientific interest ("the extra land") were combined with the site of special scientific interest ("the SSSI"), the combined area of land would be of special interest by reason of any of its flora, fauna, or geological or physiographical features, the Council may decide to notify that fact.
 
    (2)  If they do so decide, the persons whom they must notify are--
    (a)  the local planning authority in whose area the extra land is situated;
    (b)  every owner and occupier of any of that extra land; and
    (c)  the Secretary of State.
    (3)  No such notification may be given until after notice has been given under section 28(5)(b) confirming (with or without modifications) the notification under section 28(1) relating to the SSSI.
 
    (4)  Subsections (2) and (3) of section 28 shall apply for the purposes of this section as they apply for the purposes of that section.
 
    (5)  A notification under subsection (2)(b) shall also specify--
    (a)  the area of land constituting the SSSI;
    (b)  what (as at the date of the notification under subsection (2)(b)) is specified or contained in the section 28(1)(b) notification relating to the SSSI by virtue of section 28(4); and
    (c)  the reasons why the Council is of the opinion referred to in subsection (1).
    (6)  In addition, the notification under subsection (2)(b) shall include a statement--
    (a)  saying whether or not anything among the matters specified in the notification by virtue of subsection (5)(c) is particularly relevant to the extra land; and
    (b)  if any such thing is of particular relevance, specifying which.
    (7)  Subsections (5) to (7) of section 28 apply in relation to a notification under subsection (2) of this section as they apply in relation to a notification under subsection (1) of that section, as if references to "subsection (1)" in section 28(5) to (7) were references to subsection (2) of this section.
 
    (8)  As from the time when a notification under subsection (2)(b) is served on the owner or occupier of any land, the notification under section 28(1)(b) shall have effect as if it included the notification under subsection (2)(b).
 
    (9)  As from the time when there is served on the owner or occupier of any land which has been notified under subsection (2)(b) a notice under section 28(5)(b) (as applied by subsection (7) of this section) confirming the notification under subsection (2)(b) with modifications, the notification under section 28(1)(b) (as extended by virtue of subsection (8) of this section) shall have effect in its modified form.
 
    (10)  A local land charge existing by virtue of section 28(9) shall be varied in accordance with a notification under subsection (2) or under section 28(5)(b) as applied by subsection (7) of this section.")
 
465     Page 92, line 23, at end insert-- 
 ("Enlargement of SSSI.     28AB.--(1)  Where the Nature Conservancy Council are of the opinion that any area of land which includes, but also extends beyond, a site of special scientific interest ("the SSSI") is of special interest by reason of any of its flora, fauna, or geological or physiographical features, the Council may decide to notify that fact.
 
    (2)  If they do so decide, the persons whom they must notify are--
    (a)  the local planning authority in whose area the land (including the SSSI) is situated;
    (b)  every owner and occupier of any of that land (including the SSSI); and
    (c)  the Secretary of State.
    (3)  Subsections (2) to (8) of section 28 apply to a notification under subsection (2) of this section as they apply to a notification under subsection (1) of that section, as if references to "subsection (1)" and "subsection (1)(b)" in section 28(2) to (8) were references to subsection (2) and subsection (2)(b) of this section respectively.
 
    (4)  No notification may be given under subsection (2) until after notice has been given under section 28(5)(b) (or section 28(5)(b) as applied by subsection (3)) confirming (with or without modifications) the notification under section 28(1) (or subsection (2)) relating to the SSSI.
 
    (5)  As from the time when a notification under subsection (2) is served on the owner or occupier of any land included in the SSSI, the notification in relation to that land which had effect immediately before the service of the notification under subsection (2) shall cease to have effect.
 
    (6)  A notification under subsection (2)(b) of land in England and Wales shall be a local land charge; and, to the extent that any such land was the subject of a local land charge by virtue of section 28(9), that local land charge shall be discharged.
 
    (7)  A notice under section 28C(1)(a) and a consent under section 28C(3)(a) given before a notification under subsection (2)(b) continue to have effect.
 
    (8)  The enlargement of a site of special scientific interest under this section does not affect anything done under section 28H to 28J.
 
    (9)  Any reference to--
    (a)  a notification under section 28(1) (or any of its paragraphs) shall be construed as including the corresponding notification under subsection (2);
    (b)  a notification under section 28(5)(b) shall be construed as including a notification under that provision as applied by subsection (3); and
    (c)  a local land charge existing by virtue of section 28(9) shall be treated as including one existing by virtue of subsection (6).")
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
466     Page 93, line 16, after second ("or") insert ("knowingly") 
467     Page 93, line 36, at end insert--
    ("(d)  that the operation has been carried out in accordance with the   terms of an agreement with a section 28E authority which has   acted in accordance with section 28G")
 
  
BY THE LORD WHITTY
 
468     Page 93, line 43, leave out from first ("to") to end of line 44 and insert ("every owner and occupier of any of the land included in the site of special scientific interest, or the part of it to which the consent relates--") 
469     Page 94, leave out lines 2 to 5 and insert ("matters set out in subsection (7A).
 
    (7A)  The matters referred to in subsection (7) are--
    (a)  the rights of appeal under section 28D;
    (b)  the effect of subsection (8); and
    (c)  in the case of a notice under subsection (6), the effect of section 28K.")
 
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
THE BARONESS THOMAS OF WALLISWOOD
 
470     Page 94, line 10, at end insert--
 
    ("(8A)  On transfer, disposal or sale of interests and or estate in, over or under registered or unregistered land, the relevant owner or occupier shall in writing notify the Nature Conservancy Council of that fact within four weeks of such transfer, disposal or sale.")
 
  
BY THE LORD WHITTY
 
471     Page 94, line 14, leave out ("a person") and insert ("an owner or occupier") 
472     Page 94, line 16, leave out ("a person") and insert ("an owner or occupier") 
473     Page 94, leave out lines 20 to 22 and insert--
    ("(c)  an owner or occupier who is aggrieved by the modification of a consent;
    (d)  an owner or occupier who is aggrieved by the withdrawal of a consent,")
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
474     Page 94, line 30, at end insert--
 
    ("(  )  In any of the circumstances referred to in subsections (1) and (2), the Council shall consider alternative options for securing the conservation of the flora, fauna or geological or physiographical features of the site, and shall discuss any such options with the persons referred to in subsections (1) and (2).")
 
475     Page 94, line 49, at end insert--
 
    ("(  )  In determining an appeal the Secretary of State shall have due regard to the needs of agriculture and forestry and to the economic and social interests of rural areas.")
 
476     Page 95, line 22, after ("person") insert ("(being a person with expertise relevant to the management of land notified under section 28(1))") 
477     Page 96, line 19, leave out ("operations likely to") and insert ("any operation specified in a notification made under section 28(1)(b) or which may") 
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
THE BARONESS THOMAS OF WALLISWOOD
 
478     Page 96, line 30, at end insert--
 
    ("(3A)  Conditions relating to an assent under subsection (3) may require the authority, where reasonably practicable and not involving excessive costs, to restore any damage to the notified interest caused by the operation or where practicable, to provide alternative habitats on land not included in a site of special scientific interest.")
 
  
BY THE LORD WHITTY
 
479     Page 96, line 36, leave out ("requirement") and insert ("requirements") 
480     Page 96, line 49, leave out ("requirement is") and insert ("requirements are--
    (a)")  
 
481     Page 96, line 54, at end insert ("; and
    (b)  that the authority restore the site to its former condition, so far as is reasonably practicable, if any such damage does occur.")
 
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
THE BARONESS THOMAS OF WALLISWOOD
 
482     Page 96, line 54, at end insert--
 
    ("(  )  Where the Council concludes, on reasonable terms, that they cannot assent to the proposed operations (with or without conditions), they may require that the section 28E authority seek authorisation by a planning permission granted on an application under Part III of the Town and Country Planning Act 1990.")
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
483     Page 97, line 4, leave out ("operations likely to") and insert ("any operation specified in a notification made under section 28(1)(b) or which may") 
484     Page 97, line 33, leave out (", if they think fit,") 
485     Page 97, line 35, at end insert--
 
    ("(  )  In formulating a management scheme, the Council shall consult every owner and occupier of any of the land (or the part of it to which the scheme would relate) and take account of any views of any such owner or occupier on the management of the land.")
 
486     Page 97, line 35, at end insert--
 
    ("(  )  In preparing a management scheme under subsection (1), the Council may seek advice from any person or persons (other than employees of the Council) with relevant expertise in, or experience of, agriculture, forestry or other forms of land management.")
 
487     Page 97, line 42, at end insert--
 
    ("(  )  A management scheme shall--
    (a)  describe the particular flora, fauna, or geological or physiographical features by reason of which the land to which the scheme relates is of special interest,
    (b)  set out the Council's views about the management needed to conserve that flora or fauna, or those features, taking account of any views offered by the owner or occupier of the land,
    (c)  state which, if any, of the operations specified in the notification given under section 28(1)(b) appears to the Council to be likely to damage that flora or fauna or those features,
    (d)  list those operations, if any, specified in the notification given under section 28(1)(b) to which the Council has given written consent under section 28C(3)(a).")
 
488     Page 99, line 3, after ("agreement") insert ("under section 16 of the 1949 Act or section 15 of the 1968 Act") 
489     Page 99, line 12, leave out ("appear to the Council to") 
490     Page 99, line 26, after ("them") insert ("(excluding any amount previously offered by the Council under a management agreement under subsection (2))") 
491     Page 99, line 33, leave out ("Secretary of State") and insert ("Lands Tribunal") 
492     Page 99, line 37, at end insert--
 
    ("(  )  An appeal under this section may include an appeal against any of the measures listed in a management scheme insofar as these are included in the management notice.")
 
  
BY THE LORD WHITTY
 
493     Page 101, line 16, leave out from ("section") to end of line 19 
494     Page 101, line 21, leave out ("Secretary of State") and insert ("Ministers") 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
495     Page 101, line 30, after ("agreement") insert ("under section 16 of the 1949 Act or section 15 of the 1968 Act") 
496     Page 101, line 34, at end insert (";  and
    (c)  that the Council, having made an offer to the owner to purchase the land voluntarily on reasonable terms, is satisfied that it will not be able to do so")
 
497     Page 101, leave out lines 40 to 42 and insert--
    ("(a)  themselves take steps to conserve the flora, fauna or geological or physiographical features in question; or
    (b)  dispose of the land on terms designed to secure that those flora, fauna or features are satisfactorily conserved.")
 
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
THE BARONESS THOMAS OF WALLISWOOD
 
498     Page 102, line 42, at end insert--
 
    ("(6A)  A person who without reasonable excuse contravenes section 28C(8A) is guilty of an offence and is liable on summary conviction to a fine not exceeding £1000 or on conviction on indictment to a fine.")
 
  
BY THE LORD WHITTY
 
499     Page 103, line 2, at end insert-- 
 ("Change of owner or occupier.     28N.--(1)  This section applies where the owner of land included in a site of special scientific interest--
    (a)  disposes of any interest of his in the land; or
    (b)  becomes aware that it is occupied by an additional or a different occupier.
    (2)  If this section applies, the owner shall send a notice to the Nature Conservancy Council before the end of the period of 28 days beginning with the date on which he disposed of the interest or became aware of the change in occupation.
 
    (3)  The notice is to specify the land concerned and--
    (a)  in a subsection (1)(a) case, the date on which the owner disposed of the interest in the land, and the name and address of the person to whom he disposed of the interest; or
    (b)  in a subsection (1)(b) case, the date on which the change of occupation took place (or, if the owner does not know the exact date, an indication of when to the best of the owner's knowledge it took place), and, as far as the owner knows them, the name and address of the additional or different occupier.
    (4)  A person who fails without reasonable excuse to comply with the requirements of this section is guilty of an offence and is liable on summary conviction to a fine not exceeding level 1 on the standard scale.
 
    (5)  For the purposes of subsection (1), an owner "disposes of" an interest in land if he disposes of it by way of sale, exchange or lease, or by way of the creation of any easement, right or privilege, or in any other way except by way of mortgage.")
 
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
THE BARONESS THOMAS OF WALLISWOOD
 
500     Page 103, line 3, leave out paragraph 2 and insert--
 
    ("2.--(1)  Section 29 (special protection for certain areas of special scientific interest) is amended as follows.
 
    (2)  In subsection (1)(b), after "features" there is inserted "notified as being of special interest".
 
    (3)  Omit subsection (2).
 
    (4)  In subsection (3), omit "Subject to subsection (4),".
 
    (5)  Omit subsections (4), (5), (6), (7) and (10).
 
    (6)  After subsection (11) there is inserted--
        (12)  This section does not apply to owners and occupiers of land which is a site of special scientific interest."")
 
501     Page 103, line 14, at end insert ("or
    (c)  a person is convicted of an offence under section 29,")
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
502     Page 103, line 17, after ("operations") insert ("which are reasonable, practicable and necessary") 
  
BY THE LORD WHITTY
 
503     Page 103, line 21, at end insert--
 
    ("  .  In section 32 (duties of agriculture Ministers with respect to areas of special scientific interest), in subsection (1), for "land notified under section 28(1)" there is substituted "land included in a site of special scientific interest".")
 
504     Page 103, line 28, at end insert--
 
    ("(  )  In subsection (2), after "district planning authority" insert "and, in sections 28 to 28B, shall also be construed in accordance with section 28(11);"")
 
505     Page 103, line 33, at end insert--
    ("(d)  extended under section 28AA(2), or
    (e)  extended with modifications by virtue of section 28AA(7),")
 
506     Page 103, line 34, leave out ("in subsection (1), and in sections 28 to 28M,") 
507     Page 103, line 36, leave out from first ("as") to end of line and insert ("thus altered") 
508     Page 103, line 36, at end insert--
 
    ("(  )  References to a notification under section 28(1) or 28(5)(b), or to a local land charge existing by virtue of section 28(9), shall be construed in accordance with section 28AB(9).")
 
  
Clause 67
 
  
BY THE LORD WHITTY
 
509     Page 42, line 37, at end insert--
 
    ("(  ) Schedule (Transitional provisions and savings relating to sites of special scientific interest) (which makes transitional provisions and savings relating to the coming into force of section 66) has effect.")
 
  
After Clause 67
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
510     Insert the following new Clause-- 
     (".  In section 17 of the National Parks and Access to the Countryside Act 1949 (compulsory acquisition of land by Conservancy for establishment of nature reserves), for the words "on terms appearing to them reasonable" there is substituted ", on reasonable terms,".")Compulsory acquisition of land by Nature Conservancy for establishment of nature reserves.
  
Schedule 9
 
  
BY THE LORD WHITTY
 
511     Page 106, leave out line 1 
512     Page 106, leave out line 5 
513     Page 106, line 7, at end insert-- 
 ("Harbours Act 1964 (c. 40) 
     .  In Schedule 3 to the Harbours Act 1964 (procedure for making harbour revision and empowerment orders), in paragraph 1 (interpretation), for paragraph (a) of the definition of "sensitive area" there is substituted--
    (a)  land within a site of special scientific interest (within the meaning of the Wildlife and Countryside Act 1981);".")
 
514     Page 106, line 37, leave out ("development)") and insert ("zone)") 
  
After Schedule 9
 
  
BY THE LORD WHITTY
 
515     Insert the following new Schedule-- 
 ("SCHEDULE 
 TRANSITIONAL PROVISIONS AND SAVINGS RELATING TO SITES OF SPECIAL SCIENTIFIC INTERESt 
 Interpretation 
     1.--(1)  In this Schedule--
    the Nature Conservancy Council" has the meaning given by section 27A of the 1981 Act;
    old section 28" means section 28 of the 1981 Act as it had effect before its substitution by section 66(1) of and Schedule 8 to this Act;
    new section 28" means section 28 of the 1981 Act as substituted by section 66(1) of and Schedule 8 to this Act; and
    the substitution date" means the date on which new section 28 is substituted for old section 28,
and references to other sections are to those sections in the 1981 Act unless otherwise specified.
 
     (2)  Nothing in this Schedule prejudices the application of section 16 (general savings) or 17 (repeal and re-enactment) of the Interpretation Act 1978 to any case not provided for in this Schedule.1978 c. 30.
 Notifications given under old section 28 
     2.  Except as mentioned in paragraphs 4 and 5, a notification under old section 28(1)(a), (b) or (c) (including one having effect in modified form by virtue of old section 28(4C)) has effect from the substitution date as if it were a notification under new section 28(1)(a), (b) or (c) respectively.
 
    3.  A notice under old section 28(4A)(a) or (b) has effect from the substitution date as if it were a notice under new section 28(5)(a) or (b) respectively.
 
 Modification of operation of new section 28 
     4.  New section 28(2) does not apply to a notification taking effect as mentioned in paragraph 2.
 
    5.  The words following paragraph (b) in new section 28(4) do not apply to a notification taking effect as mentioned in paragraph 2, but instead paragraph 6 applies.
 
    6.--(1)  The Nature Conservancy Council shall, within the period of five years beginning with the substitution date, give a notice to every owner and occupier of any land which is the subject of--
    (a)  a notification under old section 28(4A)(b), or
    (b)  a notice under new section 28(5)(b) following a notification under old section 28(1),
containing a statement of the Council's views about the matters referred to in the words following paragraph (b) in new section 28(4).
 
    (2)  The notice shall specify the time (not being less than three months from the date of the giving of the notice) within which, and the manner in which, representations or objections with respect to it may be made; and the Council shall consider any representation or objection duly made.
 
    (3)  Within the period of two months beginning immediately after the period of three months referred to in sub-paragraph (2), the Council shall give a notice to every owner and occupier of the land confirming the statement referred to in sub-paragraph (1) or containing a revised statement.
 
 Modification of operation of section 28A 
     7.--(1)  This paragraph applies to a notification under old section 28(1) given-- 
 
    (a)  before the commencement of the Wildlife and Countryside (Amendment) Act 1985; or
    (b)  after the commencement of that Act but preceded by a notice under section 28(2) as originally enacted, given during the six months immediately preceding that commencement.
    (2)  In relation to a notification to which this paragraph applies, the reference in section 28A(1) to--
    (a)  notice given under section 28(5)(b) confirming a notification with or without modifications, and
    (b)  the confirmed notification,
shall be construed as a reference to the notification under old section 28(1).
1985 c. 31.
 Modification of operation of section 28C 
     8.--(1)  Except as provided in paragraph 9--
    (a)  a notice given under old section 28(5)(a) has effect from the substitution date as if it were a notice given under section 28C(1)(a); and
    (b)  a consent given under old section 28(6)(a) has effect from that date as if it were a consent under section 28C(3)(a).
    (2)  In relation to such a consent, section 28C has effect as if for subsections (7) and (7A) there were substituted--
        (7)  A notice under subsection (6) must include a notice of--
      (a)  the Council's reasons for withdrawing or modifying the consent;
      (b)  the rights of appeal under section 28D;
      (c)  the effect of subsection (8); and
      (d)  the effect of section 28K."
    9.--(1)  Subject to paragraph 10, this paragraph applies where--
    (a)  a notice has been given under old section 28(5)(a) before the substitution date;
    (b)  on the substitution date neither of the conditions set out in old section 28(6)(a) and (b) is fulfilled; and
    (c)  on the substitution date four months have expired since the notice under old section 28(5)(a) was given,
but even if those conditions are fulfilled, this paragraph does not apply in relation to operations specified in a notice under section 29(4)(a) on any land if immediately before the substitution date an order under section 29 was in effect in relation to that land.
 
    (2)  Where this paragraph applies, but subject to sub-paragraph (7), the prohibition in section 28C(1) on carrying out, or causing or permitting to be carried out, an operation does not apply in relation to an operation specified in the notice under old section 28(5)(a).
 
    (3)  Where this paragraph applies, the Nature Conservancy Council may, on or after the substitution date, give a notice (a "stop notice") to every owner and occupier of the land to which the stop notice is to apply.
 
    (4)  A stop notice is to specify--
    (a)  the date on which it is to take effect;
    (b)  the operations to which it applies; and
    (c)  the land to which it applies,
and must contain a notice of the right of the person to whom the stop notice is given to appeal against it in accordance with paragraph 11, and a notice of the effect of sub-paragraph (8).
 
    (5)  The date on which a stop notice is to take effect may not be sooner than the end of the period of three days beginning with the date the stop notice is given, unless the Council consider that there are special reasons which justify a shorter period, and a statement of those reasons is included with the stop notice.
 
    (6)  The operations to which a stop notice may apply are all or any of the operations specified in the notice under old section 28(5)(a).
 
    (7)  From the date on which the stop notice takes effect, sub-paragraph (2) of this paragraph ceases to apply in relation to the operations specified in the stop notice on the land to which the stop notice applies.
 
    (8)  Where the Council give a stop notice, they shall make a payment to any owner or occupier of the land who suffers loss because of it.
 
    (9)  The amount of a payment under sub-paragraph (8) is to be determined by the Council in accordance with guidance given and published by the Ministers (within the meaning of section 50).
 
    (10)  Section 50(3) applies to the determination of the amount of a payment under sub-paragraph (8) as it applies to the determination of the amount of payments under that section.
 
    (11)  This paragraph ceases to apply, in relation to any operation specified in the notice referred to in sub-paragraph (1)(a) except an operation to which a stop notice applies, if the operation has not begun before the end of the period of--
    (a)  three years beginning with the substitution date; or
    (b)  in a case falling within paragraph 10(2) or (3), three years beginning immediately after the expiry of the period of one month or longer referred to there.
    10.--(1)  An agreement under old section 28(6A) in effect immediately before the substitution date has effect from the substitution date as an agreement that paragraph 9 is not to apply in relation to the operation which is the subject of the agreement; and, accordingly, paragraph 9 does not apply in relation to that operation (as regards both the owner and the occupier of the land).
 
    (2)  Where a notice has been given under old section 28(6B) before the substitution date, paragraph 9 has effect, in relation to the operation in question, as if for the period mentioned in paragraph 9(1)(c) there were substituted the period of one month from the giving of the notice or (if a longer period is specified in the notice) that longer period.
 
    (3)  If after an agreement has taken effect as mentioned in sub-paragraph (1) the relevant person (whether a party to the agreement or not) gives the Nature Conservancy Council written notice that he wishes to terminate the agreement, then as from the giving of the notice paragraph 9 has effect, in relation to the operation in question (as regards both the owner and the occupier of the land), as if for the period mentioned in paragraph 9(1)(c) there were substituted the period of one month from the giving of the notice or (if a longer period is specified in the notice) that longer period.
 
    (4)  In sub-paragraph (3), "relevant person" has the same meaning as in old section 28(6C).
 
    11.--(1)  A person to whom a stop notice is given may by notice appeal against it to the Secretary of State, but meanwhile it remains in effect.
 
    (2)  Section 28D(3) to (11) shall apply in relation to such an appeal as they apply in relation to an appeal against a decision to withdraw a consent (see section 28D(1)(d)), but with the following modifications--
    (a)  as if, in section 28D(3), for paragraphs (a) and (b) and the following words "or, in either case," there were substituted "within the period of two months beginning with the date of the stop notice, or"; and
    (b)  as if, for section 28D(5), there were substituted--
          (5)  On determining the appeal, the Secretary of State may quash or affirm the stop notice; and if he affirms it, he may do so either in its original form or with the removal from it of such operations as he thinks fit, or in relation to such reduced area of land as he thinks fit."
    12.--(1)  The Nature Conservancy Council may, by notice given to every owner and occupier of land to which a stop notice applies, vary a stop notice by removing any operation to which it applies or reducing the area of land to which it applies.
 
    (2)  Where after giving a stop notice--
    (a)  the Council consent to an operation to which the stop notice applies;
 
 
    (b)  an operation to which it applies becomes one which may be carried out under the terms of an agreement under section 16 of the National Parks and Access to the Countryside Act 1949 or section 15 of the Countryside Act 1968; or
    (c)  an operation to which it applies becomes one which may be carried out in accordance with a management scheme under section 28H or a management notice under section 28I,
the stop notice shall be deemed to be varied accordingly by the removal from the stop notice of the operation in question in relation to the land to which the consent, agreement or management scheme or notice relates.
12, 13 & 14 Geo. 6, c.97.
1968 c. 41.
 Modification of operation of section 28D 
     13.--(1)  Section 28D(1)(a) does not apply to a refusal of a consent under old section 28(6)(a).
 
    (2)  Section 28D(1)(b) does not apply to consents taking effect as mentioned in paragraph 8(1)(b).
 
 Modification of operation of section 28F 
     14.  Section 28F does not apply in relation to operations which have already begun on the date section 28F comes into force. 
 Section 29 
     15. Paragraphs 16 and 17 apply where, immediately before the coming into force of paragraph 2 of Schedule 8 to this Act, there is in effect an order applying section 29(3) to any land ("the relevant land").
 
    16.--(1)  If the relevant land is not included in a site of special scientific interest, section 28C applies to it as if it were (and accordingly section 28M(1) applies also); and references in section 28C to a notification under section 28(1)(b) shall be construed as references to an order under section 29.
 
    (2)  Whether or not the relevant land is included in a site of special scientific interest, a notice given under section 29(4)(a) has effect as if it were a notice given under section 28C(1)(a), except as provided in paragraph 17.
 
    (3)  Whether or not the relevant land is included in a site of special scientific interest, a consent given under section 29(5)(a) has effect as if it were a consent given under section 28C(3)(a), and in relation to such a consent section 28C has effect as if for subsections (7) and (7A) there were substituted--
        (7)  A notice under subsection (6) must include a notice of--
      (a)  the Council's reasons for withdrawing or modifying the consent;
      (b)  the rights of appeal under section 28D;
      (c)  the effect of subsection (8); and
      (d)  the effect of section 28K."
    17.--(1)  This paragraph applies where--
    (a)  a notice has been given under section 29(4)(a) before the repeal of section 29 by paragraph 2 of Schedule 8 to this Act;
    (b)  on the date on which paragraph 2 of Schedule 8 to this Act comes into force, neither of the conditions set out in section 29(5)(a) and (b) is fulfilled; and
    (c)  on that date the period mentioned in paragraph (c) of section 29(5) (or in that paragraph as it has effect by virtue of section 29(6) or (7)) has expired.
    (2)  Where this paragraph applies, but subject to paragraph 9(7) as it has effect by virtue of sub-paragraph (3) of this paragraph, the prohibition in section 28C(1) on carrying out, or causing or permitting to be carried out, an operation does not apply in relation to an operation specified in the notice under section 29(4)(a).
 
    (3)  Paragraphs 9(3) to (11) and 11 of this Schedule apply also in relation to this paragraph, but as if--
    (a)  in those provisions references to a notice under old section 28(5)(a) were to a notice under section 29(4)(a); and
    (b)  the reference to "sub-paragraph (2)" in paragraph 9(7) were to sub-paragraph (2) of this paragraph.
    18.--(1)  This paragraph applies where--
    (a)  as a result of the coming into force of paragraph 2 of Schedule 8 to this Act, a local inquiry or a hearing (as mentioned in paragraph 4(1)(a) and (b) respectively of Schedule 11 to the 1981 Act) comes to an end, and
    (b)  an owner or occupier of land in relation to which an order under section 29 has been made has incurred expense in connection with opposing the order at the local inquiry or hearing.
    (2)  If this paragraph applies, the Nature Conservancy Council shall (subject to sub-paragraph (3)) pay a person's expenses referred to in paragraph (1)(b) to the extent that they are reasonable.
 
    (3)  The Council need not pay any such expenses unless the person--
    (a)  applies to the Council for such a payment; and
    (b)  satisfies the Council that he has incurred the expenses.
 
 Compensation and grants 
     19.--(1)  Despite its repeal by paragraph 2 of Schedule 8 to this Act, section 30 (compensation where order made under section 29) continues to apply in connection with an order made under section 29 before the coming into force of that paragraph.
 
    (2)  After the repeal of section 29 by that paragraph, section 32 (duties of agriculture Ministers with respect to areas of special scientific interest) continues to apply, in relation to an application under that section relating to land to which section 29(3) applied immediately before its repeal, as if that land were included in a site of special scientific interest.
 
 Offences and restoration orders 
     20.--(1)  Section 28M does not have effect in relation to an offence committed before the substitution date, but old section 28 or, as the case may be, section 29, has effect instead.
 
    (2)  In relation to an offence under section 29, section 31 as it had effect before the coming into force of paragraph 3 of Schedule 8 to this Act shall continue to apply.")
 
  
Clause 68
 
  
BY THE LORD WHITTY
 
516     Page 42, line 45, leave out ("the Nature Conservancy Council for England") and insert ("English Nature") 
517     Page 43, line 18, leave out ("The Nature Conservancy Council for England") and insert ("English Nature") 
  
After Clause 68
 
  
BY THE BARONESS BYFORD
THE LORD JUDD
 
518     Insert the following new Clause-- 
     ("  .--(1)  The Secretary of State and the National Assembly for Wales shall each determine and keep under review from time to time--
    (a)  the species and habitats of conservation concern; and
    (b)  from amongst such species and habitats, the priority species and priority habitats of conservation concern,
which, as regards the Secretary of State, occur in England and, as regards the National Assembly for Wales, occur in Wales.
 
    (2)  The Secretary of State and the National Assembly for Wales shall each establish the criteria for determining the species and habitats under subsection (1), having regard to--
    (a)  the advice of the relevant nature conservation body; and
    (b)  the criteria which have hitherto been relied upon in determining the species and habitats of conservation concern and priority species and habitats of conservation concern in the United Kingdom under the existing Biodiversity Action Plan regime,
and, taking into account the advice of the relevant nature conservation body, may from time to time review such criteria.
 
    (3)  The Secretary of State and the National Assembly for Wales shall each--
    (a)  take measures to promote the conservation, restoration and enhancement, by any person, of the species and habitats of conservation concern determined by him or it in accordance with paragraph (a) of subsection (1);
    (b)  take additional measures to promote the conservation, restoration and enhancement, by any person, of the priority species and priority habitats of conservation concern determined by him or it in accordance with paragraph (b) of subsection (1); and
    (c)  compile, publish and maintain, in such form as he or it thinks fit, a register of the species and habitats of conservation concern and the priority species and priority habitats of conservation concern determined by him or it in accordance with subsection (1).
    (4)  Every Minister of the Crown (within the meaning of the Ministers of the Crown Act 1975) and government department shall, when exercising their functions and consistent with the proper exercise thereof, secure or further the implementation of the measures taken in accordance with paragraph (a) of subsection (3) and additional measures taken in accordance with paragraph (b) of subsection (3).
 
    (5)  It shall be the duty of the Secretary of State and of the National Assembly for Wales--
    (a)  to ensure that the register referred to in paragraph (c) of subsection (3) is available, at all reasonable times, for inspection by the public free of charge; and
    (b)  to afford members of the public facilities for obtaining copies of entries, on payment of reasonable charges.
    (6)  In this section--
    (a)  a reference to "the existing Biodiversity Action Plan regime" is a reference to the regime set out in the publications entitled--
          (i)  Biodiversity: The UK Steering Group Report, volume 1: Meeting the Rio Challenge, 1995;
          (ii)  Biodiversity: The UK Steering Group Report, volume 2: Action Plans, 1995; and
          (iii)  Government Response to the UK Steering Group Report on Biodiversity, 1995;
    (b)  the relevant nature conservation body" means--
          (i)  in respect of the Secretary of State and in respect of species and habitats which occur in England, the Nature Conservancy Council for England; and
          (ii)  in respect of the National Assembly for Wales and in respect of species and habitats which occur in Wales, the Countryside Council for Wales.")
Statutory underpinning of the Biodiversity Action Plan.
  
Clause 69
 
  
    
 
519     [Withdrawn] 
  
BY THE BARONESS DAVID
 
520     Page 43, line 46, at end insert--
 
    ("(  )  In section 34 of the 1981 Act (limestone pavement orders), in subsection (4) for "or disturbs" there is substituted ", disturbs or sells".")
 
  
After Clause 69
 
  
BY THE LORD WHITTY
 
521     Insert the following new Clause-- 
 ("Payments under certain agreements 
     .  In section 50 of the 1981 Act (which makes provision relating to payments under section 16 of the National Parks and Access to the Countryside Act 1949 or section 15 of the Countryside Act 1968), in subsection (1)(a), for sub-paragraphs (i) and (ii) and the preceding word "to" there is substituted "to any person; or".")Payments under agreements under s.16 of 1949 Act or s.15 of 1968 Act.
1949 c. 97.
1968 c. 41.
  
BY THE LORD BEAUMONT OF WHITLEY
 
521A     Insert the following new Clause-- 
 ("Local wildlife sites 
     .  English Nature, as regards England, and the Countryside Council for Wales, as regards Wales, shall formulate standards for the identification of local wildlife sites by any relevant local authority and from time to time shall report to the Secretary of State and the National Assembly for Wales on the status of such sites.")Local wildlife sites.
  
After Clause 71
 
  
BY THE LORD WHITTY
 
522     Insert the following new Clause-- 
 ("PART IIIA 
 AREAS OF OUTSTANDING NATURAL BEAUTy 
     .--(1)  Where it appears to the Countryside Agency (in this Part referred to as "the Agency") that an area which is in England but not in a National Park is of such outstanding natural beauty that it is desirable that the provisions of this Part relating to areas designated under this section should apply to it, the Agency may, for the purpose of conserving and enhancing the natural beauty of the area, by order designate the area for the purposes of this Part as an area of outstanding natural beauty.
 
    (2)  Where it appears to the Countryside Council for Wales (in this Part referred to as "the Council") that an area which is in Wales but not in a National Park is of such outstanding natural beauty that it is desirable that the provisions of this Part relating to areas designated under this section should apply to it, the Council may, for the purpose of conserving and enhancing the natural beauty of the area, by order designate the area for the purposes of this Part as an area of outstanding natural beauty.
 
    (3)  In this Part "area of outstanding natural beauty" means an area designated under this section as an area of outstanding natural beauty.")
Designation of areas.
523     Insert the following new Clause-- 
     ("  .--(1)  Where the Agency or the Council propose to make an order under section (Designation of areas), the Agency or the Council shall consult every local authority whose area includes any part of the area to which the proposed order is to relate.
 
    (2)  Before making the order, the Agency or the Council shall then publish, in the London Gazette and in one or more newspapers circulating in the area of every such local authority, notice that they propose to make the order, indicating the effect of the order and stating the time within which and manner in which representations with respect to the proposed order may be made to the Agency or the Council (as the case may be), and shall consider any representations duly made.
 
    (3)  An order under section (Designation of areas) shall not come into operation unless and until confirmed--
    (a)  in the case of an order made by the Agency, by the Secretary of State, or
    (b)  in the case of an order made by the Council, by the National Assembly for Wales,
and, in submitting any such order to the Secretary of State or the Assembly, the Agency or Council shall forward to the Secretary of State or the Assembly any representations made by a local authority consulted under subsection (1) or made by any other person under subsection (2), other than representations to which effect is given by the order as submitted to the Secretary of State or the Assembly.
 
    (4)  The Secretary of State or the National Assembly for Wales may confirm an order submitted to him or it under this section either as submitted or with such modifications as the Secretary of State or the Assembly thinks expedient.
 
    (5)  Before refusing to confirm an order under section (Designation of areas), or determining to confirm it with modifications, the Secretary of State shall consult the Agency and every local authority whose area includes any land to which the order as submitted, or as proposed to be modified, relates.
 
    (6)  Before refusing to confirm an order under section (Designation of areas), or determining to confirm it with modifications, the National Assembly for Wales shall consult the Council and every local authority whose area includes any land to which the order as submitted, or as proposed to be modified, relates.
 
    (7)  An order under section (Designation of areas) may be revoked or varied by a subsequent order under that section.
 
    (8)  Without prejudice to the powers of the Agency or the Council to vary an order under section (Designation of areas), the Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales) may by order vary any order under that section made by the Agency or the Council; and subsection (1) applies to any order under section (Designation of areas) made by the Secretary of State or the Assembly by virtue of this subsection with the substitution for references to the Agency of references to the Secretary of State and for references to the Council of references to the Assembly.
 
    (9)  It is the duty of the Agency and the Council to secure that copies of any order under section (Designation of areas) relating to England or, as the case may be, to Wales, are available for inspection by the public at all reasonable times--
    (a)  at the office of the Agency or, as the case may be, the Council,
    (b)  at the offices of each local authority whose area includes any part of the area to which the order relates, and
    (c)  at such other place or places in or near that area as the Agency or, as the case may be, the Council may determine.")
Procedure for designation orders.
524     Insert the following new Clause-- 
     ("  .--(1)  The following provisions of the National Parks and Access to the Countryside Act 1949 (in this Part referred to as "the 1949 Act")--
    (a)  section 6(4)(e) (duty of Agency or Council to give advice in connection with development matters),
    (b)  section 9 (consultation in connection with development plan),
    (c)  section 64(5) (consultation in connection with access agreements), and
    (d)  section 65(5) and (5A) (consultation in connection with access orders),
apply in relation to areas of outstanding natural beauty as they apply in relation to National Parks.
 
    (2)  In section 6(4)(e) of the 1949 Act as it applies by virtue of subsection (1), "appropriate planning authority" means a local planning authority whose area consists of or includes the whole or any part of an area of outstanding natural beauty and includes a local authority, not being a local planning authority, by whom any powers of a local planning authority as respects an area of outstanding natural beauty are exercisable, whether under the 1949 Act or otherwise.
 
    (3)  Section 4A of the 1949 Act (which confers on the Council functions under Part II of that Act corresponding to those exercisable as respects England by the Agency) applies to the provisions mentioned in subsection (1)(a) and (b) for the purposes of their application to areas of outstanding natural beauty as that section applies for the purposes of Part II of the 1949 Act.
 
    (4)  A local planning authority whose area consists of or includes the whole or any part of an area of outstanding natural beauty has power, subject to subsections (5) and (6), to take all such action as appears to them expedient for the accomplishment of the purpose of conserving and enhancing the natural beauty of the area of outstanding natural beauty or so much of it as is included in their area.
 
    (5)  Nothing in this Part is to be taken to limit the generality of subsection (4); but in so far as the provisions of this Part or of the 1949 Act confer specific powers falling within that subsection those powers are to be exercised in accordance with those provisions and subject to any limitations expressed or implied in them.
 
    (6)  Without prejudice to the powers conferred by this Part, subsection (4) has effect only for the purpose of removing any limitation imposed by law on the capacity of a local planning authority by virtue of its constitution, and does not authorise any act or omission on the part of such an authority which apart from that subsection would be actionable at the suit of any person on any ground other than such a limitation.
 
    (7)  In this section "local planning authority" has the same meaning as in the Town and Country Planning Act 1990.")
Functions of certain bodies in relation to areas of outstanding natural beauty.
525     Insert the following new Clause-- 
     ("  .--(1)  The Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales) may--
    (a)  in the case of any existing area of outstanding natural beauty, or
    (b)  in connection with the designation of any area as an area of outstanding natural beauty,
by order establish a board (in this Part referred to as "a conservation board") to carry out in relation to that area the functions conferred on such a board by or under this Part.
 
    (2)  Schedule (Conservation boards) (which relates to the constitution of conservation boards) has effect.
 
    (3)  Where the Secretary of State or the National Assembly for Wales considers it expedient for either of the purposes mentioned in section (General purposes and powers)(1), an order under subsection (1) may--
    (a)  provide for the transfer to the conservation board to which the order relates of any of the functions of local authorities, so far as relating to the area of outstanding natural beauty in question, or
    (b)  provide for any function of a local authority, so far as relating to the area of outstanding natural beauty in question, to be exercisable concurrently by the local authority and by the conservation board.
    (4)  An order under subsection (1) may make further provision as to the constitution and administration of the conservation board to which it relates, including provision with respect to--
    (a)  the appointment of members,
    (b)  the removal and disqualification of members,
    (c)  the conduct of members,
    (d)  proceedings of the board,
    (e)  the appointment of staff,
    (f)  consultation with other public bodies,
    (g)  records and documents of the board,
    (h)  the provision of information by the board, and
    (i)  complaints of maladministration.
    (5)  Before making an order under subsection (1) in relation to an area of outstanding natural beauty in England, the Secretary of State shall consult--
    (a)  the Agency, and
    (b)  every local authority whose area consists of or includes the whole or part of the area of outstanding natural beauty.
    (6)  Before making an order under subsection (1) in relation to an area of outstanding natural beauty in Wales, the National Assembly for Wales shall consult--
    (a)  the Council, and
    (b)  every local authority whose area consists of or includes the whole or part of the area of outstanding natural beauty.
    (7)  An order under subsection (1) which amends or revokes a previous order under that subsection establishing a conservation board--
    (a)  may be made only after consultation with the conservation board to which it relates (as well as the consultation required by subsection (5) or (6)), and
    (b)  in the case of an order revoking a previous order, may provide for the winding up of the board.
    (8)  Subject to any order under subsection (9), where there is a variation of the area of an area of outstanding natural beauty for which there is or is to be a conservation board, the area of outstanding natural beauty for which that board is or is to be the conservation board shall be taken, as from the time when the variation takes effect, to be that area as varied.
 
    (9)  Where provision is made for the variation of the area of an area of outstanding natural beauty for which there is or is to be a conservation board, the Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales) may by order make such transitional provision as he or it thinks fit with respect to--
    (a)  any functions which, in relation to any area that becomes part of the area of outstanding natural beauty, are by virtue of the variation to become functions of that conservation board; and
    (b)  any functions which, in relation to any area that ceases to be part of the area of outstanding natural beauty, are by virtue of the variation to become functions of a person other than that conservation board.")
Establishment of conservation boards.
526     Insert the following new Clause-- 
     ("  .--(1)  It is the duty of a conservation board, in the exercise of their functions, to have regard to--
    (a)  the purpose of conserving and enhancing the natural beauty of the area of outstanding natural beauty, and
    (b)  the purpose of increasing the understanding and enjoyment by the public of the special qualities of the area of outstanding natural beauty,
but if it appears to the board that there is a conflict between those purposes, they are to attach greater weight to the purpose mentioned in paragraph (a).
 
    (2)  A conservation board, while having regard to the purposes mentioned in subsection (1), shall seek to foster the economic and social well-being of local communities within the area of outstanding natural beauty, but without incurring significant expenditure in doing so, and shall for that purpose co-operate with local authorities and public bodies whose functions include the promotion of economic or social development within the area of outstanding natural beauty.
 
    (3)  Sections 37 and 38 of the Countryside Act 1968 (general duties as to the protection of interests of the countryside and the avoidance of pollution) apply to conservation boards as they apply to local authorities.
 
    (4)  The powers of a conservation board include power to do anything which, in the opinion of the board, is calculated to facilitate, or is conducive or incidental to--
    (a)  the accomplishment of the purposes mentioned in subsection (1), or
    (b)  the carrying out of any functions conferred on it by virtue of any other provision of this Part or by virtue of any enactment not contained in this Part.
    (5)  The powers conferred on a conservation board by subsection (4) do not include--
    (a)  power to do anything in contravention of any restriction imposed by virtue of this Part in relation to any express power of the board, or
    (b)  power to raise money (whether by borrowing or otherwise) in a manner which is not authorised apart from that subsection,
but the things that may be done in exercise of those powers are not to be treated as excluding anything by reason only that it involves the expenditure, borrowing or lending of money or the acquisition or disposal of any property or rights.
 
    (6)  Schedule (Supplemental and incidental powers of conservation boards) (which relates to the supplemental and incidental powers of conservation boards) has effect.
 
    (7)  An order under section (Establishment of conservation boards)(1) may--
    (a)  make further provision with respect to the supplemental and incidental powers of the conservation board to which it relates or the limits on those powers, including provision relating to the borrowing of money, and
    (b)  provide for any enactment which relates to or limits the supplemental or incidental powers or duties of local authorities or relates to the conduct of, or transactions by, local authorities to apply in relation to the conservation board with such modifications as may be specified in the order.")
General purposes and powers.
527     Insert the following new Clause-- 
     ("  .--(1)  Any power of the Secretary of State or the National Assembly for Wales to make an order under section (Establishment of conservation boards)(1) or (9) is exercisable by statutory instrument.
 
    (2)  No order shall be made under section (Establishment of conservation boards)(1) by the Secretary of State unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.
 
    (3)  A statutory instrument containing an order under section (Establishment of conservation boards)(9) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
 
    (4)  If a draft of an order under section (Establishment of conservation boards)(1) would, apart from this section, be treated for the purposes of the Standing Orders of either House of Parliament as a hybrid instrument, it shall proceed in that House as if it were not such an instrument.
 
    (5)  The power of the Secretary of State or the National Assembly for Wales to make an order under section (Establishment of conservation boards)(1) or (9) includes power to make such incidental, supplemental, consequential and transitional provision as the person making the order thinks necessary or expedient.
 
    (6)  The power of the Secretary of State or the National Assembly for Wales by an order under section (Establishment of conservation boards)(1) or (9) to make incidental, supplemental, consequential or transitional provision includes power for any incidental, supplemental, consequential or, as the case may be, transitional purpose--
    (a)  to apply with or without modifications,
    (b)  to extend, exclude or modify, or
    (c)  to repeal or revoke with or without savings,
any enactment or any instrument made under any enactment.
 
    (7)  The provision that may be made for incidental, supplemental, consequential or transitional purposes in the case of any order under section (Establishment of conservation boards)(1) or (9) which--
    (a)  establishes a conservation board or provides for the winding up of such a board, or
    (b)  otherwise has the effect of transferring functions from one person to another or of providing for functions to become exercisable concurrently by two or more persons or to cease to be so exercisable,
includes provision for the transfer of property, rights and liabilities from one person to another.
 
    (8)  The power of the Secretary of State or the National Assembly for Wales under section (Establishment of conservation boards)(1) or (9) to provide by order for the transfer of any property, rights or liabilities, or to make transitional provision in connection with any such transfer or with any order by which functions become or cease to be exercisable by any conservation board, includes, in particular, power to provide--
    (a)  for the management and custody of any transferred property (whether real or personal);
    (b)  for any liabilities transferred to include liabilities under any enactment;
    (c)  for legal proceedings commenced by or against any person to be continued by or against a person to whom property, rights or liabilities are transferred or, as the case may be, any board or other authority by whom any functions are to become exercisable;
    (d)  for the transfer of staff, compensation for loss of office, pensions and other staffing matters; and
    (e)  for treating any person to whom a transfer of property, rights or liabilities is made or, as the case may be, by whom any functions are to become exercisable as, for some or all purposes, the same person in law as the person from whom the transfer is made or the authority by whom the functions have previously been exercisable.
    (9)  The power of the Secretary of State or the National Assembly for Wales to make an order under section (Establishment of conservation boards)(1) or (9) includes power to make different provision for different cases, including different provision for different areas or localities and for different boards.
 
    (10)  In this section "enactment" includes an enactment contained in an Act passed after this Act.")
Orders establishing conservation boards.
528     Insert the following new Clause-- 
     ("  .--(1)  Every conservation board shall, within two years after the date on which they are established, prepare and publish a plan which formulates their policy for the management of their area of outstanding natural beauty and for the carrying out of their functions in relation to it.
 
    (2)  Subject to subsection (3), the relevant local authority in respect of an area of outstanding natural beauty shall, before the end of the period of three years beginning with whichever is the later of--
    (a)  the commencement of this section, or
    (b)  the date on which the area is designated as an area of outstanding natural beauty,
prepare and publish a plan which formulates their policy for the management of the area of outstanding natural beauty and for the carrying out of their functions in relation to it.
 
    (3)  Subsection (2) does not apply where, before the end of the period mentioned in that subsection, a conservation board has been established for the area of outstanding natural beauty.
 
    (4)  A plan prepared under subsection (1) or (2) is to be known as an area of outstanding natural beauty management plan.
 
    (5)  A conservation board or relevant local authority may, instead of preparing a plan under subsection (1) or (2),--
    (a)  review any plan for the management of the area of outstanding natural beauty which has been prepared before the commencement of this section--
          (i)  by a local authority, or
          (ii)  by a joint committee established by two or more local authorities, and
    (b)  adopt the plan as reviewed as their area of outstanding natural beauty management plan, and
    (c)  publish it under subsection (1) or (2) within the time required by that subsection.
    (6)  A conservation board may, within six months of the date on which they are established, adopt an area of outstanding natural beauty management plan prepared for their area of outstanding natural beauty by the relevant local authority as their area of outstanding natural beauty management plan, and publish it under subsection (1).
 
    (7)  Subject to subsection (8), a conservation board shall review their area of outstanding natural beauty management plan before the end of the period of five years beginning with the date on which it was published and, after the first review, at intervals of not more than five years.
 
    (8)  Where a conservation board have adopted a plan under subsection (6), the first review must take place before the end of the period of three years beginning with the date on which the plan was published.
 
    (9)  Where an area of outstanding natural beauty management plan has been prepared under subsection (2), the relevant local authority shall review the plan before the end of the period of five years beginning with the date on which it was published and, after the first review, at intervals of not more than five years, but this subsection does not apply where a conservation board has been established for the area of outstanding natural beauty.
 
    (10)  Where a conservation board or relevant local authority review any plan under this section, they shall--
    (a)  determine on that review whether it would be expedient to amend the plan and what (if any) amendments would be appropriate,
    (b)  make any amendments that they consider appropriate, and
    (c)  publish a report on the review specifying any amendments made.
    (11)  In this section "relevant local authority" means--
    (a)  in the case of an area of outstanding natural beauty which is wholly comprised in one principal area, the local authority for that area, and
    (b)  in any other case, the local authorities for all the principal areas wholly or partly comprised in the area of outstanding natural beauty, acting jointly.")
Management plans.
529     Insert the following new Clause-- 
     ("  .--(1)  A conservation board or relevant local authority which is proposing to publish, adopt or review any plan under section (Management plans) shall--
    (a)  give notice of the proposal--
          (i)  if the area of outstanding natural beauty is in England, to the Agency and English Nature,
          (ii)  if the area of outstanding natural beauty is in Wales, to the Council, and
          (iii)  in the case of a conservation board, to every local authority whose area is wholly or partly comprised in the area of outstanding natural beauty,
    (b)  send a copy of the plan, together (where appropriate) with any proposed amendments of the plan, to every body to which notice of the proposal is required to be given by paragraph (a), and
    (c)  take into consideration any observations made by any such body.
    (2)  A conservation board or relevant local authority shall send to the Secretary of State or the National Assembly for Wales a copy of every plan, notice or report which they are required to publish under section (Management plans).
 
    (3)  In this section "relevant local authority" has the same meaning as in section (Management plans).")
Supplementary provisions relating to management plans.
530     Insert the following new Clause-- 
     ("  .--(1)  The Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales) may make grants to a conservation board, of such amounts and on such terms and conditions as the Secretary of State or the Assembly thinks fit.
 
    (2)  Before determining the amount of any grant which he proposes to make to a conservation board under this section, or the purpose for which the grant is to be made, the Secretary of State shall consult the Agency.
 
    (3)  Before determining the amount of any grant which it proposes to make to a conservation board under this section, or the purpose for which the grant is to be made, the National Assembly for Wales shall consult the Council.")
Grants to conservation boards.
531     Insert the following new Clause-- 
     ("  .--(1)  In this Part, unless a contrary intention appears--
    the 1949 Act" means the National Parks and Access to the Countryside Act 1949;
    the Agency" means the Countryside Agency;
    area of outstanding natural beauty" has the meaning given by section (Designation of areas)(3);
    conservation board" has the meaning given by section (Establishment of conservation boards)(1);
    the Council" means the Countryside Council for Wales;
    liability", in relation to the transfer of liabilities from one person to another, does not include criminal liability;
    local authority" means a principal council within the meaning of the Local Government Act 1972;
    principal area" has the same meaning as in the Local Government Act 1972.
    (2)  Any reference in this Act to the conservation of the natural beauty of an area includes a reference to the conservation of its flora, fauna and geological and physiographical features.
 
    (3)  This Part does not apply in relation to any of the lands mentioned in section 112(1) of the 1949 Act (Epping Forest and Burnham Beeches).")
Interpretative and supplementary provision.
532     Insert the following new Clause-- 
     ("  .  Schedule (Areas of outstanding natural beauty: consequential amendments and transitional provisions) (which contains consequential amendments and transitional provisions relating to areas of outstanding natural beauty) has effect.")Consequential amendments and transitional provisions.
  
BY THE LORD RENTON OF MOUNT HARRY
 
533     Insert the following new Clause-- 
     ("  .--(1)  The appropriate national authority shall, in respect of every management plan which it receives, within six months publish a response setting out--
    (a)  the steps which the authority intends to take to further the objectives in that management plan; and
    (b)  the extent to which the policies of the authority may conflict with that management plan and the steps which the authority intends to take to resolve that conflict.
    (2)  In this section--
    appropriate national authority" means--
          (a)  in relation to a national park or area of outstanding natural beauty in England, the Secretary of State or the Minister of Agriculture, Fisheries and Food; and
          (b)  in relation to a national park or area of outstanding natural beauty in Wales, the National Assembly for Wales.
    (3)  In this section--
    management plan" means--
Publication of response to management plans.
 
          (a)  a National Park Management Plan published by a National Park authority in accordance with section 66 of the Environment Act 1995; or
          (b)  a management plan in respect of an area of outstanding natural beauty published by a conservation board or relevant local authority in accordance with section (management plans).")
1995 c. 25.
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
534     Insert the following new Clause-- 
     ("  .  After subsection (4) of section 1 of the Deer Act 1991 (poaching of deer) there shall be inserted--
        (5) If any person fails to comply with a requirement under subsection (4) above or wilfully return to the land, an authorised person may apprehend such a person and convey him or cause him to be conveyed to a constable as soon as conveniently may be."")
Poaching of deer.
535     Insert the following new Clause-- 
     (" .--(1)  In section 2 of the Game Act 1831, after the words "black game" there shall be inserted "rabbits, snipe, woodcock and wild duck".
 
    (2)  In section 3 of the Game Act 1831, after the words "or other engine or instrument for the purpose of killing or taking any game" there shall be inserted "or attempts to take, kill or injure any game or assist any person to do so".")
Definition of `game'.
536     Insert the following new Clause-- 
     ("  .--(1)  Sections 13, 14, 15 and 16 of the Game Act 1831 shall cease to have effect.
 
    (2)  In the Game Act 1831, after section 12 there shall be inserted--
 
 <~et>Appointment of gamekeepers.     12A.  It shall be lawful for any person who, in relation to any land, is the owner or occupier of the land or any person authorised by the owner or occupier, including any person having the right to take or kill game on the land, to appoint a gamekeeper, or gamekeepers, to be engaged in the management and conservation of game birds, wildfowl, ground game, deer, fish or wildlife, and such gamekeeper shall have the right to preserve or kill game on that land."")Appointment of gamekeepers etc.
  
BY THE LORD RENTON OF MOUNT HARRY
 
536A     Insert the following new Clause-- 
  
        ("  .--(1)  A conservation board shall have power in respect of every financial year beginning after the establishment of that board to issue levies to the councils by whom local authority members fall to be appointed to it, and accordingly section 71 of the Environment Act 1995 shall apply to a conservation board as if references in that section to a National Park authority were references to the board.
        (2)  The Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales) may make grants to a conservation board for such purposes, of such amounts and on such terms and conditions as the Secretary of State or the Assembly thinks fit, and accordingly sections 72 and 73 of the Environment Act 1995 shall apply as if references in that section to a National Park authority were references to the board.")
Conservation boards: finances.
  
Schedule 10
 
  
BY THE LORD GREENWAY
THE LORD BRABAZON OF TARA
 
536B*     Page 108, line 12, leave out ("disturbs") and insert ("molests") 
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
THE BARONESS THOMAS OF WALLISWOOD
 
537     Page 108, line 19, after ("I),") insert--
      ("(a)  after subsection (1)(d) there is inserted--
      (e)  arrest that person where the constable has reasonable grounds to believe that a failure to do so would result in the concealment, alteration, loss, damage or destruction of anything which may be evidence of the commission of an offence or may be liable to be forfeited under section 21,", and
 
 
      (b)")
 
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
THE BARONESS HAMWEE
THE BARONESS SCOTT OF NEEDHAM MARKET
 
538     Page 111, line 40, at end insert--
        ("  .  In Schedule 15 to that Act, in paragraph 13, at the appropriate place there is inserted--
      duly made" means an objection or a representation which is--
 
 (a)  made within the time and in the manner prescribed in the notice that was published by the authority on making the order in accordance with paragraph 3 of this Schedule; and
(b)  which states the grounds on which it is made, being a matter which is capable of affecting the decision whether or not to confirm the order."")
 
  
After Schedule 10
 
  
BY THE LORD WHITTY
 
539     Insert the following new Schedule-- 
 ("SCHEDULE 
 AREAS OF OUTSTANDING NATURAL BEAUTY: CONSERVATION BOARDs 
 Interpretation 
     1.  In this Schedule--
    an English conservation board" means a conservation board for an area of outstanding natural beauty in England;
    the relevant order", in relation to a conservation board, means--
          (a)  the order under section (Establishment of conservation boards) establishing the board,
          (b)  any order under that section relating to that board, or
          (c)  any order made in relation to that board in exercise of the power to amend an order under that section.
 
 Status and constitution of conservation boards 
     2.  A conservation board shall be a body corporate.
 
    3.--(1)  A conservation board shall consist of--
    (a)  such number of local authority members as may be specified in the relevant order, and
    (b)  such number of members to be appointed by the Secretary of State or the National Assembly for Wales as may be so specified.
    (2)  In the case of an English conservation board, such number as may be specified in the order as the number of members of that board who are to be appointed by the Secretary of State shall be parish members.
 
    (3)  The numbers specified in the relevant order for any conservation board in relation to the membership of the board must be such that--
    (a)  the number of local authority members is at least 40 per cent. of the total number of members, and
    (b)  in the case of an English conservation board, the number of parish members is at least 20 per cent. of the total number of members.
 
 Local authority members 
     4.--(1) The local authority members of a conservation board shall be appointed in accordance with the provisions of the relevant order.
 
    (2)  The relevant order must provide either--
    (a)  for the local authority members to be appointed by such of the local authorities for areas wholly or partly comprised in the area of outstanding natural beauty as may be specified in or determined under the order ("the relevant councils"), or
    (b)  for the local authority members to be appointed by such of the relevant councils as may be determined in accordance with a scheme contained in the relevant order.
    (3)  A person shall not be appointed as a local authority member of a conservation board unless he is a member of a local authority the area of which is wholly or partly comprised in the relevant area of outstanding natural beauty; and, in appointing local authority members of a conservation board, a local authority shall have regard to the desirability of appointing members of the authority who represent wards, or (in Wales) electoral divisions, situated wholly or partly within the relevant area of outstanding natural beauty.
 
    (4)  Subject to the following provisions of this Schedule and to the provisions of the relevant order, where a person who qualifies for his appointment by virtue of his membership of any local authority is appointed as a local authority member of a conservation board--
    (a)  he shall hold office from the time of his appointment until he ceases to be a member of that authority; but
    (b)  his appointment may, before any such cessation, be terminated for the purposes of, and in accordance with, sections 15 to 17 of the Local Government and Housing Act 1989 (political balance).
    (5)  Sub-paragraph (4)(a) shall have effect so as to terminate the term of office of a person who, on retiring from any local authority, immediately becomes such a member again as a newly elected councillor; but a person who so becomes a member again shall be eligible for re-appointment to the conservation board.
 
    (6)  The appointment of any person as a local authority member of a conservation board may provide that he is not to be treated for the purposes of sub-paragraph (4) as qualifying for his appointment by virtue of his membership of any local authority other than that specified in the appointment.
 
    (7)  In paragraph 2(1) of Schedule 1 to the Local Government and Housing Act 1989 (bodies to which appointments have to be made taking account of political balance), after paragraph (ba) there is inserted--
      (bb)  a conservation board established by order under section (Establishment of conservation boards) of the Countryside and Rights of Way Act 2000;".
 
 Parish members 
     5.--(1)  The parish members of an English conservation board shall be appointed by the Secretary of State.
 
    (2)  A person shall not be appointed as a parish member of an English conservation board unless he is--
    (a)  a member of the parish council for a parish the whole or any part of which is comprised in the relevant area of outstanding natural beauty, or
    (b)  the chairman of the parish meeting of a parish--
          (i)  which does not have a separate parish council, and
          (ii)  the whole or any part of which is comprised in the relevant area of outstanding natural beauty.
    (3)  Subject to the following provisions of this Schedule and to the provisions of the relevant order, where a person who qualifies for his appointment by virtue of his membership of a parish council is appointed as a parish member of an English conservation board, he shall hold office from the time of his appointment until he ceases to be a member of that parish council.
 
    (4)  Subject to the following provisions of this Schedule and to the provisions of the relevant order, where a person who qualifies for his appointment by virtue of his being the chairman of a parish meeting is appointed as a parish member of an English conservation board, he shall hold office from the time of his appointment until he ceases to be the chairman of that parish meeting.
 
    (5)  Sub-paragraph (3) or (4) shall not have effect so as to terminate the term of office of a person who retires from a parish council, or ceases to be the chairman of a parish meeting, until such time as may be determined by the Secretary of State or the National Assembly for Wales in accordance with the relevant order.
 
    (6)  A person who--
    (a)  on retiring from a parish council, or
    (b)  on ceasing to be the chairman of a parish meeting,
becomes a member of the parish council again as a newly elected councillor or, as the case may be, is elected to succeed himself as chairman of any parish meeting is eligible for re-appointment to the conservation board at the time mentioned in sub-paragraph (5).
 
    (7)  Subject to the provisions of this Schedule and of the relevant order, a parish member of an English conservation board shall hold office in accordance with the terms of his appointment.
 
 Members (other than parish members) appointed by the Secretary of State or the National Assembly for Wales 
     6.--(1)  Before appointing any person as a member of a conservation board, the Secretary of State shall consult the Agency.
 
    (2)  Before appointing any person as a member of a conservation board, the National Assembly for Wales shall consult the Council.
 
    (3)  Subject to the following provisions of this Schedule and to the provisions of the relevant order, a person appointed as a member of a conservation board by the Secretary of State or the National Assembly for Wales--
    (a)  shall hold office for such period of not less than one year nor more than three years as may be specified in the terms of his appointment; but
    (b)  on ceasing to hold office shall be eligible for re-appointment.
    (4)  The term of office of a person appointed by the Secretary of State or the National Assembly for Wales to fill such a vacancy in the membership of a conservation board as occurs where a person appointed by the Secretary of State or the Assembly ceases to be a member of the board before the end of his term of office may be for a period of less than one year if it is made to expire with the time when the term of office of the person in respect of whom the vacancy has arisen would have expired.
 
    (5)  Subject to the provisions of this Schedule and of the relevant order, a member of a conservation board appointed by the Secretary of State or the National Assembly for Wales shall hold office in accordance with the terms of his appointment.
 
    (6)  This paragraph does not apply to persons appointed as parish members of an English conservation board or to their appointment as such members.
 
 Chairman and deputy chairman 
     7.--(1)  The members of a conservation board shall elect, from amongst their members, both a chairman and a deputy chairman of the board.
 
    (2)  Subject to sub-paragraphs (3) and (4), the chairman and deputy chairman of a conservation board shall be elected for a period not exceeding one year; but a person so elected shall, on ceasing to hold office at the end of his term of office as chairman or deputy chairman, be eligible for re-election.
 
    (3)  A person shall cease to hold office as chairman or deputy chairman of a conservation board if he ceases to be a member of the board.
 
    (4)  Where a vacancy occurs in the office of chairman or deputy chairman of a conservation board, it shall be the duty of the members of that board to secure that the vacancy is filled as soon as possible.
 
 Audit 
     8.  In Schedule 2 to the Audit Commission Act 1998 (accounts subject to audit) in paragraph 1 after paragraph (j) there is inserted--
      (jj)  a conservation board established by order under section (Establishment of conservation boards) of the Countryside and Rights of Way Act 2000;".")
 
540     Insert the following new Schedule-- 
 ("SCHEDULE 
 SUPPLEMENTAL POWERS OF CONSERVATION BOARDs 
 Interpretation 
     1.  In this Schedule--
    common", "disposal" and "open space" have the same meaning as in the Town and Country Planning Act 1990;
    relevant order" has the same meaning as in Schedule (Areas of outstanding natural beauty: conservation boards).
 
 Power to acquire land 
     2.--(1)  For the purposes of any of their functions under this or any other enactment, a conservation board may acquire by agreement any land, whether situated inside or outside their area of outstanding natural beauty.
 
    (2)  The reference in sub-paragraph (1) to acquisition by agreement is a reference to acquisition for money or money's worth as purchaser or lessee.
 
 Power to dispose of land 
     3.  Subject to paragraphs 4 to 6 and to the provisions of the relevant order, a conservation board may dispose, in any manner they wish, of land which is held by them but no longer required by them for the purposes of their functions.
 
    4.--(1)  Except with the consent of the Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales), a conservation board may not--
    (a)  dispose under paragraph 3 of land which consists of or forms part of a common, or formerly consisted of or formed part of a common, and is managed by a local authority in accordance with a local Act,
    (b)  dispose under paragraph 3 of land, otherwise than by way of a short tenancy, for a consideration less than the best that can reasonably be obtained.
    (2)  For the purposes of this paragraph a disposal of land is a disposal by way of a short tenancy if it consists--
    (a)  of the grant of a term not exceeding seven years, or
    (b)  of the assignment of a term which at the date of the assignment has not more than seven years to run.
    5. A conservation board may not dispose under paragraph 3 of any land consisting of or forming part of an open space unless before disposing of the land they cause notice of their intention to do so, specifying the land in question, to be advertised in two consecutive weeks in a newspaper circulating in the area in which the land is situated, and consider any objections to the proposed disposal which may be made to them.
 
    6. Section 128 of the Local Government Act 1972 (consents to land transactions by local authorities) applies in relation to a conservation board as if a conservation board were a principal council and as if paragraphs 3 to 5 were contained in Part VII of that Act.")
 
 Provisions as to charges 
     7.  In section 152(2) of the Local Government and Housing Act 1989 (provisions as to charges), after paragraph (ja) there is inserted--
    (jb)  a conservation board established by order under section (Establishment of conservation boards) of the Countryside and Rights of Way Act 2000;";
and section 151 of that Act (power to amend existing provisions as to charges) shall have effect as if references to an existing provision included references to any such provision as applied by or under Part IIIA of this Act.")
 
541     Insert the following new Schedule-- 
 ("SCHEDULE 
 AREAS OF OUTSTANDING NATURAL BEAUTY: CONSEQUENTIAL AMENDMENTS AND TRANSITIONAL PROVISIONs 
 PART I 
 CONSEQUENTIAL AMENDMENTs 
 National Parks and Access to the Countryside Act 1949 (c. 97) 
     1.  In section 1 of the National Parks and Access to the Countryside Act 1949 (the Countryside Agency and the Countryside Council for Wales), in subsection (2)(a) after "National Parks or" there is inserted "under the Countryside and Rights of Way Act 2000".
 
    2.  In section 112(2) of that Act (provisions not applying to Epping Forest and Burnham Beeches), for "eighty-seven" there is substituted "eighty-nine".
 
    3.  In section 114(1) of that Act (interpretation), for the definition of "area of outstanding natural beauty" there is substituted--
    area of outstanding natural beauty" means an area designated under section (Designation of areas) of the Countryside and Rights of Way Act 2000;".
 
 Harbours Act 1964 (c. 40) 
     4.  In Schedule 3 to the Harbours Act 1964, in paragraph 1, in paragraph (i) of the definition of "sensitive area" for "section 87 of the National Parks and Access to the Countryside Act 1949" there is substituted "section (Designation of areas) of the Countryside and Rights of Way Act 2000". 
 Highways Act 1980 (c. 66) 
     5.  In section 105A of the 1980 Act (environmental impact assessments), in subsection (6), for paragraph (e) there is substituted--
    (e)  an area of outstanding beauty designated as such under section (Designation of areas) of the Countryside and Rights of Way Act 2000.".
 
 Derelict Land Act 1982 (c. 42) 
     6.  In section 1 of the Derelict Land Act 1982 (powers of Secretary of State), in subsection (11), in the definition of "area of outstanding natural beauty" for "section 87 of the National Parks and Access to the Countryside Act 1949" there is substituted "section (Designation of areas) of the Countryside and Rights of Way Act 2000". 
 Road Traffic Regulation Act 1984 (c. 27) 
     7.  In section 22 of the Road Traffic Regulation Act 1984 (traffic regulation for special areas in the countryside), at the end of subsection (1)(a)(ii) there is inserted "designated as such under section (Designation of areas) of the Countryside and Rights of Way Act 2000". 
 Housing Act 1985 (c. 68) 
     8.  In section 37 of the Housing Act 1985 (restriction on disposal of dwelling-houses in National Parks, etc), in subsection (1)(b) for "section 87 of the National Parks and Access to the Countryside Act 1949" there is substituted "section (Designation of areas) of the Countryside and Rights of Way Act 2000".
 
    9.  In section 157 of that Act (restriction on disposal of dwelling-houses in National Parks, etc), in subsection (1)(b) for "section 87 of the National Parks and Access to the Countryside Act 1949" there is substituted "section (Designation of areas) of the Countryside and Rights of Way Act 2000".
 
 Town and Country Planning Act 1990 (c. 8) 
     10.  In section 87 of the Town and Country Planning Act 1990 (exclusion of certain descriptions of land or development from a simplified planning zone), in subsection (1)(d) for "section 87 of the National Parks and Access to the Countryside Act 1949" there is substituted "section (Designation of areas) of the Countryside and Rights of Way Act 2000". 
 Environmental Protection Act 1990 (c. 43) 
     11.  In section 130 of the Environmental Protection Act 1990 (countryside functions of Countryside Council for Wales), in subsection (2)(a) after "National Parks or" there is inserted "under the Countryside and Rights of Way Act 2000". 
 Water Industry Act 1991 (c. 56) 
     12.  In section 156 of the Water Industry Act 1991 (restriction on disposals of land), in subsection (8), in paragraph (a) of the definition of "area of outstanding natural beauty or special scientific interest", for "for the purposes of the National Parks and Access to the Countryside Act 1949" there is substituted "under section (Designation of areas) of the Countryside and Rights of Way Act 2000". 
 Environment Act 1995 (c. 25) 
     13.  In Schedule 13 to the Environment Act 1995 (review of old mineral planning permissions), in paragraph 2(4)(c) for "section 87 of the National Parks and Access to the Countryside Act 1949" there is substituted "section (Designation of areas) of the Countryside and Rights of Way Act 2000". 
 Housing Act 1996 (c. 52) 
     14.  In section 13 of the Housing Act 1996 (restriction on disposal of houses in National Parks, etc), in subsection (1)(b) for "section 87 of the National Parks and Access to the Countryside Act 1949" there is substituted "section (Designation of areas) of the Countryside and Rights of Way Act 2000". 
 PART II 
 TRANSITIONAL PROVISIONs 
     15.  In this Part "commencement" means the commencement of section (Designation of areas).
 
    16.  Any order under section 87 of the 1949 Act (designation of areas of outstanding natural beauty) which is in force immediately before commencement is to be taken to have been made under section (Designation of areas) in accordance with the provisions of Part IIIA of this Act, and may be amended or revoked by an order under that section.
 
    17.  Any reference in any instrument or document (whenever made) to designation as an area of outstanding natural beauty under section 87 of the 1949 or to an order under that section is, in relation to any time after commencement, to be taken to be a reference to designation as such an area under section (Designation of areas) of this Act, or to an order under that section.
 
    18.  Anything done before commencement in connection with a proposed order under section 87 of the 1949 Act is, as from commencement, to be taken to have been done in connection with a proposed order under section (Designation of areas) of this Act.")
 
  
Before Clause 72
 
  
BY THE EARL OF CARNARVON
 
542     Insert the following new Clause-- 
 ("PLANNING AUTHORITY IN NATIONAL PARKs 
     .--(1)  In section 4A(2) of the Town and Country Planning Act 1990, at the beginning insert "If the order establishing the National Park authority so provides and".
 
    (2)  In section 65(3) of the Environment Act 1995, for "The functions of a National Park authority" substitute "In the case of a National Park authority which is designated as the sole local planning authority for its area, its functions".
 
    (3)  In section 67(2) of that Act, after "by order" insert "designate a National Park authority as the sole planning authority for its area.
        (2A)  An order under subsection (2) may".")
Planning authority in National Parks.
  
Clause 72
 
  
BY THE LORD WHITTY
 
543     Page 46, line 13, at end insert--
    ("(f)  as respects land in any area of outstanding natural beauty designated under section (Designation of areas) of the Countryside and Rights of Way Act 2000 for which a conservation board has been established under section (Establishment of conservation boards) of that Act, that board.")
 
  
Clause 73
 
  
BY THE LORD WHITTY
 
543A*     Page 46, line 20, at end insert--
 
    ("(1A)  In that Schedule, at the end of the list of Public General Acts there is inserted--
    Countryside and Rights of Way Act 2000 (c.  ) Schedule (Transitional provisions and savings relating to sites of special scientific interest).".")
 
543B*     Page 46, line 21, leave out ("does") and insert (", and the amendment made by subsection (1A), do") 
543C*     Page 46, line 22, leave out ("concerned") and insert ("mentioned in subsection (1) or the provision inserted by subsection (1A)") 
  
Clause 74
 
  
BY THE LORD WHITTY
 
544     Page 46, line 28, leave out (", after consultation with the Council of the Isles of Scilly,") 
545     Page 46, line 32, at end insert--
 
    ("(2A)  Part IIIA applies in relation to the Isles of Scilly subject to such modifications as may be specified in an order made by the Secretary of State by statutory instrument.
 
    (2B)  Before making an order under subsection (2) or (2A), the Secretary of State shall consult the Council of the Isles of Scilly.")
 
  
Clause 75
 
  
BY THE LORD WHITTY
 
546     Page 46, line 38, leave out ("the Nature Conservancy Council for England") and insert ("English Nature") 
  
Schedule 11
 
  
BY THE LORD WHITTY
 
547     Page 112, column 3, leave out line 9 
548     Page 112, line 28, column 3, at end insert-- 
 ("In Schedule 15, paragraph 9.")  
549     Page 113, line 3, at end insert-- 
 ("1958 c. 51.
The Public Records Act 1958.
In Schedule 1, in Part II of the Table in paragraph 3, the entry relating to the Nature Conservancy Council for England.

1964 c. 40.
The Harbours Act 1964.
In Schedule 3, in the definition of "sensitive area", paragraph (b).

1965 c. 74.
The Superannuation Act 1965.
In section 39(1), in paragraph 7, the words "The Nature Conservancy Council for England.".

1967 c. 13.
The Parliamentary Commissioner Act 1967.
In Schedule 2, the entry "Nature Conservancy Council for England.".")

 
550     Page 113, line 5, at end insert-- 
 ("1975 c. 24.
The House of Commons Disqualification Act 1975.
In Schedule 1, in Part III, the entry "Any member of the Nature Conservancy Council for England or the Countryside Council for Wales in receipt of remuneration.".")
 
551     Page 113, line 7, column 3, at end insert-- 
 ("In section 32(1), the words "or land to which section 29(3) applies".")  
552     Page 113, line 22, at end insert-- 
 ("1996 c. 47.
The Trusts of Land and Appointment of Trustees Act 1996.
In Schedule 3, paragraph 20 and the heading preceding it.")
 
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
 
552A     Page 114, line 5, column 3, at end insert-- 
 ("In section 39(1) the words "which is both in the countryside and".")  
  
BY THE LORD WHITTY
 
553     Page 114, line 7, at end insert-- 
 ("PART V 
 AREAS OF OUTSTANDING NATURAL BEAUTY 
 
ChapterShort titleExtent of repeal
1949 c. 97.The National Parks and Access to the Countryside Act 1949.Sections 87 and 88.
1990 c. 43.The Environmental Protection Act 1990. In Schedule 8, paragraph 1(12).
1995 c. 25.The Environment Act 1995.In Schedule 10, paragraph 2(7).")
 
  
Clause 77
 
  
BY THE LORD WHITTY
 
554     Page 47, line 19, after (" 41,") insert--
    ("section 48,
    sections 54 and 55,
    sections 60 to 63 and Schedule 7,")
 
  
BY THE LORD WILLIAMS OF ELVEL
 
555     Page 47, line 19, after ("41,") insert--
    ("section 63 and paragraphs 4 to 7 of Schedule 7,")
 
  
BY THE LORD WHITTY
 
556     Page 47, line 20, after ("Schedules") insert ("(Amendments consequential on change of name of Nature Conservancy Council for England),") 
557     Page 47, line 22, leave out subsection (3) 
  
BY THE LORD WILLIAMS OF ELVEL
 
558     Page 47, line 22, after ("II") insert ("(apart from section 63 and paragraphs 4 to 7 of Schedule 7)") 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
559     Page 47, line 27, at end insert (", provided that the remaining provisions of Part I of this Act shall not come into force until the Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales) has brought into force regulations making effective provision for notification to all members of the public proposing to enter onto access land of what exclusions or restrictions of access to that land are in force at the time") 
  
BY THE LORD WHITTY
 
560     Page 47, line 28, leave out ("(3) or") 
561     Page 47, line 30, leave out ("(3) or") 
  
Clause 78
 
  
BY THE LORD WHITTY
 
562     Page 47, line 37, at end insert--
 
    ("(  )  Any reference in this Act, or in any enactment amended by this Act, to the commencement of any provision of this Act is, in relation to any area, a reference to the commencement of that provision in relation to that area.")
 
563     Page 47, line 40, leave out ("Except as provided in Schedule 9,") and insert ("Subject to the following provisions of this section,") 
564     Page 47, line 41, at end insert--
 
    ("(4)  The following provisions extend also to Scotland--
    sections 63 and 67;
    in Schedule 7, paragraphs 3 and 5 to 7;
    in Schedule 9, paragraph 2.
    (5)  Paragraph 1 of Schedule 9 extends to Scotland only.")
 
565     Page 47, line 41, at end insert--
 
    ("(6)  The provisions of Schedule (Amendments consequential on change of name of Nature Conservancy Council for England) and of so much of Part III of Schedule 11 as relates to the enactments referred to in paragraphs 2 and 3 of Schedule (Amendments consequential on change of name of Nature Conservancy Council for England) have the same extent as the enactments which they amend or repeal.")
 
  
In the Title
 
  
BY THE LORD WHITTY
 
566     Line 7, after ("wildlife") insert ("to make further provision with respect to areas of outstanding natural beauty;") 
  
BY THE EARL OF CARNARVON
 
567     Line 7, after ("wildlife;") insert ("to amend the law relating to planning authorities in National Parks;") 
  
 
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