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

back to previous amendments
 

  
Before Schedule 8
 
  
BY THE LORD WHITTY
 
457     [Withdrawn] 
457A     Insert the following new Schedule-- 
 ("SCHEDULE 
 AMENDMENTS CONSEQUENTIAL ON CHANGE OF NAME OF

Nature Conservancy Council for England

 
     1.  In each provision specified in relation to each of the Acts set out below, for "the Nature Conservancy Council for England" or, as the case may be, "Nature Conservancy Council for England" there is substituted "English Nature"-- 
 
    (a)  the National Parks and Access to the Countryside Act 1949: section 15A (meaning of "Nature Conservancy Council");
12, 13 & 14 Geo. 6, c.97.
 
    (b)  the Sea Fisheries Regulation Act 1966: in section 5A (byelaws under section 5 for marine environmental purposes), subsection (3)(a);
1966 c. 38.
 
    (c)  the Countryside Act 1968--
          (i)  in section 15 (areas of special scientific interest), subsection (6A), and
          (ii)  section 37 (protection for interests in countryside);
1968 c. 41.
 
    (d)  the Conservation of Seals Act 1970: in section 10 (power to grant licences to kill or take seals), subsection (5);
1970 c. 30.
 
    (e)  the Import of Live Fish (England and Wales) Act 1980: in section 1 (power to limit the import etc. of fish and fish eggs), subsection (2);
1980 c. 27.
 
    (f)  the Highways Act 1980: in section 105B (procedure relating to environmental impact assessments), in subsection (8), paragraph (b) of the definition of "the consultation bodies";
1980 c. 66.
 
    (g)  the Animal Health Act 1981: in section 21 (destruction of wild life on infection other than rabies), subsection (9);
1981 c. 22.
 
    (h)  the Wildlife and Countryside Act 1981--
          (i)  in section 27 (interpretation of Part I), subsection (3A),
          (ii)  in section 27A (construction of references to Nature Conservancy Council), paragraph (a), and
          (iii)  in section 52 (interpretation of Part II), subsection (1);
1981 c. 69.
 
    (i)  the Inheritance Tax Act 1984: Schedule 3 (bodies receiving gifts for national purposes etc.);
1984 c. 51.
 
    (j)  the Agriculture Act 1986: in section 18 (designation and management of environmentally sensitive areas), subsection (2)(a);
1986 c. 49.
 
    (k)  the Channel Tunnel Act 1987--
          (i)  in Schedule 2, Part II (regulation of scheduled works), paragraph 5(3), and
          (ii)  in Schedule 3 (planning permission), paragraph 17(4)(a);
1987 c. 53.
 
    (l)  the Norfolk and Suffolk Broads Act 1988--
          (i)  in section 1 (the Broads Authority), subsection (3)(b),
          (ii)  in section 4 (conservation of areas of natural beauty), subsections (3)(a) and (5)(a),
          (iii)  in section 5 (notification of certain operations within the Broads), subsection (4), and
          (iv)  in Schedule 3 (functions of Broads Authority), paragraph 33(1)(c);
1988 c. 4.
 
    (m)  the Electricity Act 1989: in Schedule 9 (preservation of amenities and fisheries), paragraph 2(2)(a);
1989 c. 29.
 
    (n)  the Environmental Protection Act 1990--
          (i)  in section 36 (grant of waste management licences), subsection (7), and
          (ii)  in section 128 (creation and constitution of the Nature Conservancy Council for England and the Countryside Council for Wales), subsections (1) and (2)(a);
1990 c. 43.
 
    (o)  the Deer Act 1991: in section 8 (licences for exemptions from sections 2 to 4 of the Act), subsections (1) and (4);
1991 c. 54.
 
    (p)  the Water Industry Act 1991--
          (i)  in section 4 (environmental duties with respect to sites of special interest), subsections (1) and (4),
          (ii)  in section 5 (codes of practice with respect to environmental and recreational duties), subsection (4)(b), and
          (iii)  in section 156 (restrictions on disposals of land), subsection (4)(c)(i);
1991 c. 56.
 
    (q)  the Land Drainage Act 1991--
          (i)  in section 61C (duties with respect to sites of special scientific interest), subsections (1) and (4), and
          (ii)  in section 61E (codes of practice), subsection (4)(b);
1991 c. 59.
 
    (r)  the Transport and Works Act 1992: in section 6 (applications for orders relating to railways, tramways, inland waterways, etc.), subsection (7)(e);
1992 c. 42.
 
    (s)  the Protection of Badgers Act 1992: in section 10 (licences to do otherwise prohibited acts relating to badgers), subsection (4)(a);
1992 c. 51.
 
    (t)  the Environment Act 1995--
          (i)  in section 8 (environmental duties with respect to sites of special interest), subsections (1) and (4),
          (ii)  in section 9 (codes of practice with respect to environmental and recreational duties), subsection (3)(b),
          (iii)  in section 66 (national park management plans), subsection (7)(a), and
          (iv)  in section 99 (consultation required before making or modifying certain subordinate legislation for England), subsection (2)(c);
1995 c. 25.
 
    (u)  the Channel Tunnel Rail Link Act 1996--
          (i)  in Schedule 6 (planning conditions), paragraph 27(4), and
          (ii)  in Schedule 14 (overhead lines: consent), paragraph 7(4); and
1996 c. 61.
 
    (v)  the Greater London Authority Act 1999: in section 352 (the Mayor's biodiversity action plan), subsection (3)(a).
    2.  In the following enactments, the entry for the Nature Conservancy Council for England is omitted, and in the appropriate place there is inserted "English Nature"--
1999 c. 29.
 
    (a)  the Public Records Act 1958: in Schedule 1 (definition of public records), Part II of the Table in paragraph 3;
6 & 7 Eliz. 2,
c. 51.
 
    (b)  the Superannuation Act 1965: in section 39 (meaning of "public office"), paragraph 7 of subsection (1); and
1965 c. 74.
 
    (c)  the Parliamentary Commissioner Act 1967: Schedule 2 (departments etc. subject to investigation).
1967 c. 13.
     3.  In Part III of Schedule 1 to the House of Commons Disqualification Act 1975 (which sets out offices the holders of which are disqualified from membership of the House of Commons), the entry for "Any member of the Nature Conservancy Council for England or the Countryside Council for Wales in receipt of remuneration" is omitted, and in the appropriate places there are inserted the following two entries--
    Any member of the Countryside Council for Wales in receipt of remuneration."
    Any member of English Nature in receipt of remuneration.".")
1975 c. 24.
  
Schedule 8
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
THE LORD LUKE
 
457B     Page 90, line 27, after ("opinion") insert ("as adduced by a person of recognised land management qualifications and expertise") 
457C     Page 90, line 28, leave out ("physiographical") and insert ("geomorphological") 
  
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.")
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
THE LORD LUKE
 
458ZA     Page 90, line 43, leave out ("physiographical") and insert ("geomorphological") 
  
BY THE BARONESS BYFORD
THE EARL OF CAITHNESS
 
458A     Page 91, line 1, leave out ("and enhancement") 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
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") 
  
BY THE BARONESS BYFORD
THE EARL OF CAITHNESS
 
463A     Page 92, line 17, at end insert--
 
    ("(  )  Where a notice under subsection (3) has been given and is subsequently withdrawn, the Council shall reimburse any costs reasonably incurred by any of the persons mentioned in subsection (3) in making any representation or objection in relation to the notice.")
 
  
BY THE LORD WHITTY
 
464     Page 92, line 23, at end insert-- 
 <~et>("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))") 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
THE LORD LUKE
 
476A     Page 95, line 52, leave out ("geological") and insert ("geomorphological") 
 
back to previous page continue to next page
 
House of Lords home page Parliament home page House of Commons home page search page enquiries index

© Parliamentary copyright 2000
Prepared 10 October 2000