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

back to previous amendments
 
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--
Appointment of gamekeepers etc.
 <~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."") 
  
Schedule 10
 
  
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 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.") 
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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