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

back to previous amendments
 
  
Schedule 6
 
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
 
365A     Page 60, line 33, at end insert--
 
    ("  .  After section 26 of the 1980 Act there is inserted--
 
 Application for a public path creation order.     26A.--(1)  Any person may apply to a council for the area in which that land is situated for the making of a public path creation order to create a footpath or bridleway over land.
 
    (2)  An application under this section shall be in such a form as may be prescribed and shall be accompanied by a map, on such a scale as may be prescribed, showing the land over which the public right of way would be created, and by such information as may be prescribed.
 
    (3)  Regulations may provide--
 
  
    (a)  that a prescribed fee is payable on the making of an application under this section; and
 
  
    (b)  that further prescription charges are payable by the applicant if the application is granted.".")
 
  
BY THE LORD WHITTY
 
366     Page 61, line 8, at end insert--
 
    ("(3)  In this section, "agriculture" includes the breeding or keeping of horses."")
 
  
BY THE BARONESS LOCKWOOD
 
367     Page 61, line 14, at end insert--
 
    ("  .--(1)  In section 116 of the 1980 Act (power of magistrates' court to authorise stopping up or diversion of highway) in subsection (1), for "or a special road" there is substituted ", special road, footpath or bridleway".
 
    (2)  In section 118 of the 1980 Act (stopping up of footpaths and bridleways) there is inserted after subsection (3)--
        (3A)  A public path extinguishment order may provide for the stopping up of a bridleway subject to the reservation of a footpath."")
 
368     [Withdrawn] 
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
THE BARONESS SCOTT OF NEEDHAM MARKET
 
368A     Page 61, line 14, at end insert--
        ("  .  After section 118(2) of the 1980 Act there is inserted--
        (2A)  The Secretary of State, or a council, as the case may be, shall not confirm a public path extinguishment order unless he, or as the case may be they, are satisfied that it is expedient to do so having regard to--
      (a)  the relevant local highway authority's strategic objectives for their local rights of way, as set out in its rights of way improvement plan; or
      (b)  any other changes to the rights of way in the area, either proposed or having been made within the last five years, and whether these would adversely affect the overall extent of the public rights of way in the area or the use and enjoyment of those rights of way by the public."")
 
  
BY THE BARONESS BYFORD
THE LORD NORTHBOURNE
 
368AA     Page 61, line 14, at end insert--
 
    (".  In section 118(2) of the 1980 Act, after "section 121(2) below" there is inserted--
 
, and having regard to the likely effect of any dedication under section 25 of this Act which is conditional on the stopping-up order being confirmed"")
 
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
 
368B     Page 61, line 16, leave out from beginning to ("may") in line 17 and insert ("Any person") 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
369     Page 61, line 16, leave out from ("land") to ("may") in line 17 
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
 
369A     Page 61, line 18, leave out second ("the") and insert ("any") 
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
THE BARONESS HAMWEE
THE BARONESS SCOTT OF NEEDHAM MARKET
 
370     Page 61, line 48, leave out ("four") and insert ("twelve") 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
THE LORD LUKE
 
370ZA*     Page 61, line 48, leave out ("four months") and insert ("eight weeks"). 
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
 
370A     Page 62, leave out lines 25 to 32 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
371     Page 62, line 26, leave out from ("authority") to ("the") in line 28 
372     Page 62, line 30, leave out ("which would otherwise disrupt the life of the community") 
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
 
372A     Page 63, leave out lines 1 to 5 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
373     Page 63, line 3, leave out ("high levels of") 
374     Page 63, line 5, leave out ("persistent") 
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
 
374A     Page 63, leave out lines 15 to 36 
  
BY THE LORD WHITTY
 
375     Page 63, line 17, leave out ("opposed") and insert ("unopposed") 
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
THE BARONESS SCOTT OF NEEDHAM MARKET
 
376     Page 63, line 36, at end insert (", and
    (d)  whether the highway was dedicated prior to existence of the premises referred to in subsection (3)(a) above and, if so, to what extent the subsequent existence of the premises and any means of access thereto has had on the character and setting of the highway.
    (8)  Where the existence of the premises, or any adjoining or adjacent premises, has resulted in whole or partial enclosure of the highway, the Secretary of State or a council, as the case may be, shall have additional regard to the pre-existence of the highway.")
 
  
BY THE LORD WHITTY
 
377     Page 63, line 39, leave out ("opposed") and insert ("unopposed") 
378     Page 64, line 28, leave out ("In") 
379     Page 64, line 28, after ("bridleways)") insert ("is amended as follows.
 
    (2)  In subsection (1)(b), for "so specified" there is substituted "specified in the order or determined".
 
    (3)  For subsection (3), there is substituted--
        (3)  Where it appears to the council that work requires to be done to bring the new site of the footpath or bridleway into a fit condition for use by the public, the council shall--
      (a)  specify a date under subsection (1)(a) above, and
      (b)  provide that so much of the order as extinguishes (in accordance with subsection (1)(b) above) a public right of way is not to come into force until the local highway authority for the new path or way certify that the work has been carried out.".
    (4)")
 
380     [Withdrawn] 
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
THE BARONESS SCOTT OF NEEDHAM MARKET
 
380A     Page 64, line 33, at end insert--
 
    ("  .  After section 119(6) of the 1980 Act there is inserted--
        (6A)  The Secretary of State, or a council, as the case may be, shall not confirm a public path diversion order unless he, or as the case may be they, are satisfied that it is expedient to do so having regard to--
      (a)  the relevant local highway authority's strategic objectives for their local rights of way, as set out in its rights of way improvement plan; or
      (b)  any other changes to the rights of way in the area, either proposed or having been made within the last five years, and whether these would adversely affect the overall extent of the public rights of way in the area or the use and enjoyment of those rights of way by the public."")
 
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
 
380B     Page 64, line 35, leave out from ("below,") to ("may") in line 37 and insert ("any person") 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
381     Page 64, line 36, leave out from ("land") to ("may") in line 37 
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
 
381A     Page 64, line 38, leave out first ("the") and insert ("any") 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
THE LORD LUKE
 
381B*     Page 64, line 40, leave out from ("land") to the end of line 41 
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
THE BARONESS SCOTT OF NEEDHAM MARKET
 
382     Page 65, line 35, leave out ("four") and insert ("twelve") 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
THE LORD LUKE
 
382A*     Page 65, line 35, leave out ("four months") and insert ("eight weeks") 
  
BY THE LORD WHITTY
 
383     Page 66, line 10, at end insert--
 
    ("  .--(1)  Section 119A (diversion of footpaths and bridleways crossing railways) is amended as follows.
 
    (2)  In subsection (2)(b), for "so specified" there is substituted "specified in the order or determined under subsection (7) below".
 
    (3)  For subsection (7) there is substituted--
        (7)  Where it appears to the council that work requires to be done to bring the new site of the footpath or bridleway into a fit condition for use by the public, the council shall--
      (a)  specify a date under subsection (2)(a) above, and
      (b)  provide that so much of the order as extinguishes (in accordance with subsection (2)(b) above) a public right of way is not to come into force until the local highway authority for the new path or way certify that the work has been carried out.".")
 
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
 
383A     Page 66, leave out lines 14 to 23 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
384     Page 66, line 15, leave out from ("authority") to ("the") in line 17 
385     Page 66, line 19, leave out ("which would otherwise disrupt the life of the community") 
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
 
385A     Page 66, leave out lines 47 to 51 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
386     Page 66, line 49, leave out ("high levels of") 
387     Page 66, line 51, leave out ("persistent") 
  
BY THE LORD WHITTY
 
388     Page 67, line 14, leave out ("so specified") and insert ("specified in the order or determined") 
389     Page 67, line 17, leave out ("authority") and insert ("council") 
390     Page 67, leave out lines 30 to 36 and insert--
 
    ("(8)  Where it appears to the council that work requires to be done to bring the new site of the highway into a fit condition for use by the public, the council shall--
    (a)  specify a date under subsection (4)(a) above, and
    (b)  provide that so much of the order as extinguishes (in accordance with subsection (4)(b) above) a public right of way is not to come into force until the local highway authority for the new highway certify that the work has been carried out.")
 
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
 
390A     Page 67, line 42, leave out from beginning to end of line 10 on page 68 
  
BY THE LORD WHITTY
 
391     Page 67, line 44, leave out ("opposed") and insert ("unopposed") 
392     Page 68, line 13, leave out ("opposed") and insert ("unopposed") 
393     Page 69, line 8, leave out from ("carriage-way") to end of line 11 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
THE LORD LUKE
 
393A*     Page 70, line 26, leave out ("subject to subsection (4) below") 
  
BY THE LORD WHITTY
 
394     Page 70, line 40, leave out ("so specified") and insert ("specified in the order or determined") 
395     Page 70, line 53, leave out from beginning to end of line 5 on page 71 and insert--
 
    ("(6)  Where it appears to the council that work requires to be done to bring the new site of the highway into a fit condition for use by the public, the council shall--
    (a)  specify a date under subsection (3)(a) above, and
    (b)  provide that so much of the order as extinguishes (in accordance with subsection (3)(b) above) a public right of way is not to come into force until the local highway authority for the new highway certify that the work has been carried out.")
 
396     Page 71, line 50, leave out ("the Nature Conservancy Council for England") and insert ("English Nature") 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
THE LORD LUKE
 
396A*     Page 72, line 22, at end insert--
    ("(  )  to the owner and occupier of any land crossed by the highway or by the line of the proposed diverted highway;")
 
  
BY THE LORD WHITTY
 
397     Page 72, line 24, leave out ("the Nature Conservancy Council for England") and insert ("English Nature") 
398     Page 73, line 20, leave out from ("carriage-way") to end of line 23 
399     Page 73, line 31, after ("1") insert ("or 6") 
400     Page 73, line 48, leave out from beginning to end of line 2 on page 74 and insert--
    ("(a)  after "or diverted" there is inserted "or where it appears to the Secretary of State as respects a relevant highway as defined by section 118B(2), 119B(2) or 119D(2) that it is expedient as mentioned in section 118B(1)(a) or (b), 119B(1)(a) or (b) or 119D(1)(b) that the highway should be stopped up or diverted",")
 
401     Page 74, line 25, leave out ("countryside") and insert ("conservation") 
402     Page 75, line 6, leave out ("may be") and insert ("are") 
402A     Page 75, line 13, leave out ("he") and insert ("the Secretary of State") 
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
 
402B     Page 76, leave out lines 48 to 51 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
THE LORD LUKE
 
402C*     Page 78, line 5, leave out ("three") and insert ("two") 
402D*     Page 78, line 10, at end insert ("and the council consider that there has been no significant change in material circumstances since the decision of the Secretary of State") 
402E*     Page 78, line 11, leave out lines 11 to 16 
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
THE BARONESS SCOTT OF NEEDHAM MARKET
 
403     Page 78, line 35, at end insert--
 
    ("(5)  A council may decline to determine an application under section 118ZA and 119ZA if--
    (a)  it does not have the power to make a public path extinguishment order under the provisions of section 118 above, or a public path diversion order under the provisions of section 119 above, as appropriate, in respect of the footpath or bridleway to which the application relates;
    (b)  having regard to requirement of either section 118 or 119, it also appears to the council from the information currently available that any such public path order made by the council would not be capable of being confirmed, whether by the council or by the Secretary of State.")
 
  
BY THE LORD WHITTY
 
404     Page 79, line 10, leave out ("subsection (5) of section 119") and insert ("section 119(5)") 
405     Page 79, line 12, leave out ("that subsection as applied by") 
406     Page 79, line 48, leave out from ("public") to end of line 50 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
THE LORD LUKE
 
406A*     Page 80, leave out lines 45 to 47 
  
BY THE LORD WHITTY
 
407     Page 81, line 16, leave out from ("of") to ("on") in line 17 and insert ("subsection (2) of section 118ZA above (or that subsection as applied by section 118C(2) above)") 
408     Page 81, line 26, leave out from ("of") to ("on") in line 27 and insert ("subsection (4) of section 119ZA above (or that subsection as applied by section 119C(4) above)") 
  
BY THE BARONESS SCOTT OF NEEDHAM MARKET
THE LORD GREAVES
 
409     Page 81, line 30, at end insert--
 
    ("  .  In section 134 of the 1980 Act, subsection (5) is omitted.")
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
410     Page 81, line 32, leave out ("of a prescribed description") and insert ("reasonably necessary for land management which") 
411     Page 81, line 44, leave out ("five") and insert ("twenty-eight") 
  
BY THE LORD WHITTY
 
412     Page 83, line 40, at end insert ("and
    (b)  in subsection (2)(b), after "17" there is inserted "or 118B(1)(a)".")
 
412A     Page 85, line 48, after ("State") insert ("including any related decision under section 120(5) of this Act") 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
THE LORD LUKE
 
412AA*     Page 86, line 2, leave out ("(2) to") and insert ("(4) and") 
412AB*     Page 86, line 3, leave out ("giving of evidence at, and") 
  
BY THE LORD WHITTY
 
412B     Page 88, line 11, leave out from ("hearings") to ("as") and insert ("held under this Schedule by an appointed person") 
  
Clause 54
 
  
BY THE LORD WHITTY
 
413     Page 33, line 38, leave out from ("any") to end of line 39 and insert ("local highway authority whose area includes land over which the proposed footpath or bridleway would be created.") 
  
Clause 55
 
  
BY THE LORD WHITTY
 
414     Page 34, leave out line 27 
  
Clause 56
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
415     Page 34, line 42, at end insert--
    ("(  )  the extent to which local rights of way meet the present and likely future needs of agriculture, forestry and the breeding and keeping of horses,")
 
  
BY THE LORD NORTHBOURNE
THE BARONESS STRANGE
 
416     Page 34, line 44, at end insert--
    ("(  )  the desirability of providing opportunities for regular exercise in the interests of public health including the availability of circular walks and cycle tracks easily accessible to residential areas,")
 
  
BY THE LORD ADDINGTON
 
416A     Page 35, line 14, at end insert--
    (""improved network" means a network where action has been taken to make it easier, safer and more enjoyable for people to use the network on foot or on horseback, by means that include (without prejudice to the exercise of other powers)--
      (a)  the creation of new public paths (footpaths and bridleways) to link with other rights of way in the network or to avoid walking or riding on roads;
      (b)  measures to make local rights of way more accessible to blind or partially-sighted people and others with mobility problems, including (but not limited to) the removal of stiles or their replacement by gates;
      (c)  measures to make it easier, safer and more enjoyable for people on foot or on horseback to use those carriageways which provide links between footpaths, bridleways and restricted byways, including (but not limited to) the exercise of traffic calming powers and powers to make traffic regulation orders;
      (d)  the creation of safe and convenient means for people on foot or on horseback to cross roads and railways;")
 
  
BY THE LORD WHITTY
 
417     Page 35, line 30, leave out subsection (7) 
  
Clause 57
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
THE LORD LUKE
 
417ZA*     Page 35, line 39, at end insert--
    ("(  )  any conservation board for an area of outstanding natural beauty any part of which is within their area;")
 
  
BY THE BARONESS BYFORD
 
417A     Page 35, line 43, at end insert--
    ("(  )  the Environment Agency;
    (  )  in England, English Nature;")
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
THE LORD LUKE
 
417B*     Page 36, line 22, after ("area,") insert--
    ("(  )  any conservation board for an area of outstanding natural beauty any part of which is within their area,")
 
417C*     Page 36, line 28, after ("council") insert (",  conservation board") 
  
BY THE LORD WHITTY
 
418     Page 36, line 33, after ("section") insert--
    (""local highway authority" has the same meaning as in the 1980 Act;")
 
  
After Clause 57
 
  
BY THE LORD NORTHBOURNE
 
419*     Insert the following new Clause-- 
     ("  .--(1)  Where a rights of way improvement plan prepared by a local authority identifies the desirability of improvements to the network of rights of way in its area, the local highway authority (other than an inner London authority) may introduce one or more "omnibus schemes" to achieve some or all of the objectives identified in the plan.
 
    (2)  For the purposes of this section, an "omnibus scheme" is a proposal to create a new route or divert an existing route which involves two or more orders for the creation, diversion or stopping-up of a highway under sections 25, 26, 28, 30, 118, 119 and 120 of the Highway Act 1980.
 
    (3)  Where a highway authority declares a proposal, or a series of proposals, to be an "omnibus scheme", it shall--
    (a)  agree in writing with all landowners and occupiers whose land is affected by the proposal the terms upon which they would be prepared to agree to the scheme;
    (b)  publish details of the proposed scheme for public consultation in the local authority area, and consult such other persons as they think fit;
    (c)  consider representations both for and against the scheme and, if necessary and possible, negotiate amendments to the scheme;
    (d)  make a determination as to whether the scheme should be confirmed.
    (4)  In making a determination under subsection (3) above, the authority must consider the scheme as a whole (as finally agreed in writing after negotiation) and may not select parts of the scheme for approval and parts for rejection.
 
    (5)  If upon appeal the scheme goes for determination by the Secretary of State, he may only make a determination in favour or against the scheme as a whole (after agreed amendment if any) and may not make a determination in respect to any of its parts separately.")
Omnibus schemes.
  
Clause 59
 
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
THE BARONESS SCOTT OF NEEDHAM MARKET
 
420     Page 37, leave out lines 25 to 47 and insert--
 
    ("(4)  The court shall make an order under this section if it is satisfied--
    (a)  that the obstruction is one to which this section applies;
    (b)  that the highway authority has a duty under section 130(3) above to secure the removal of the obstruction; or
    (c)  that the obstruction significantly interferes with the exercise of public rights of way over that way.
    (5)  The court shall take into account when imposing any time limit for compliance with an order granted under subsection (4) above--
    (a)  that the fact that the way obstructed is a highway within subsection (2) of this section is not seriously disputed; and
    (b)  that, under arrangements which have been made by the authority, its removal will be secured within a reasonable time, having regard to the number and seriousness of obstructions in respect of which they have such a duty.")
 
  
BY THE LORD WHITTY
 
421     Page 37, leave out lines 26 to 31 and insert--
    ("(a)  it is or forms part of--
          (i)  a building (whether temporary or permanent) or works for the construction of a building, or
          (ii)  any other structure (including a tent, caravan, vehicle or other temporary or movable structure) which is designed, adapted or used for human habitation,")
 
422     Page 37, line 35, at end insert--
 
    ("(4A)  A person serving a notice under subsection (1) above must include in the notice the name and address, if known to him, of any person who it appears to him may be for the time being responsible for the obstruction.")
 
423     Page 37, line 37, leave out ("by any person") 
424     Page 37, leave out lines 39 to 41 
425     Page 37, line 42, at beginning insert ("on every person whose name and address is, pursuant to subsection (4A) above, included in the notice and,") 
426     Page 37, line 42, after ("every") insert ("other") 
427     Page 37, line 46, leave out ("it") and insert ("the obstruction") 
428     Page 37, line 47, at end insert ("and
    (c)  on the person who served the notice under subsection (1) above, a notice containing the name and address of each person on whom notice is served under paragraph (b) above and stating what, if any, action the authority propose to take in relation to the obstruction.")
 
429     Page 38, line 1, leave out from ("of") to ("may") in line 3 and insert ("this section the persons for the time being responsible for an obstruction include the owner and any other person who for the time being--
    (a)  has possession or control of it, or
    (b)")  
 
430     Page 38, leave out lines 22 to 31 and insert ("apply to a magistrates' court in accordance with section 130C below for an order under this section.") 
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
THE BARONESS SCOTT OF NEEDHAM MARKET
 
431     Page 38, line 33, after ("take,") insert ("having regard to the number and seriousness of obstructions in respect of which they have such a duty,") 
  
BY THE LORD WHITTY
 
432     Page 38, line 35, at end insert--
 
    ("(  )  An order under this section shall not take effect--
    (a)  until the end of the period of twenty-one days from the day on which the order is made; or
    (b)  if an appeal is brought in respect of the order within that period (whether by way of appeal to the Crown Court or by way of case stated for the opinion of the High Court), until the final determination or withdrawal of the appeal.")
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
433     Page 38, line 36, leave out ("subsection (5)") and insert ("subsections (5) and (5A)") 
  
BY THE LORD WHITTY
 
434     Page 38, line 39, at end insert ("or, in a case falling within subsection (4)(a)(ii) of that section, is one to which that section would apply but for the obstruction having become used for human habitation since service of the notice relating to it under subsection (1) of that section,") 
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
THE BARONESS SCOTT OF NEEDHAM MARKET
 
435     Page 38, line 47, at end insert ("(an entry in the definitive map and statement of a way specified in subsection (2)(b) of that section being conclusive as to its status for the purposes of this section)") 
436     Page 39, line 6, leave out from ("time") to end of line 8 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
437     Page 39, line 8, at end insert--
 
    ("(5A)  No order shall be made under this section if any person with an interest in the land over which the way passes satisfies the court that the fact that the way obstructed is a highway within section 130A(2) above is seriously disputed.")
 
  
BY THE LORD WHITTY
 
438     Page 39, leave out lines 9 to 16 
439     Page 39, line 16, at end insert--
 
    ("(6A)  A highway authority against whom an order is made under this section shall, as soon as practicable after the making of the order, cause notice of the order and of the right to appeal against it to be displayed in such manner and at such places on the highway concerned as may be prescribed by regulations made by the Secretary of State, and the notice shall be in such form and contain such information as may be so prescribed.")
 
440     Page 39, line 18, at end insert-- 
 ("Section 130B: procedure.     130C.--(1)  A person proposing to make an application under section 130B above shall before making the application serve notice of his intention to do so on the highway authority concerned.
 
    (2)  A notice under subsection (1) above shall be in such form and contain such information as may be prescribed by regulations made by the Secretary of State.
 
    (3)  The notice may not be served before the end of two months beginning with the date of service on the highway authority of the notice under section 130A(1) above ("the request notice").
 
    (4)  An application in respect of which notice has been served under subsection (1) above may be made at any time--
    (a)  after the end of five days beginning with the date of service of that notice, and
    (b)  before the end of six months beginning with the date of service on the highway authority of the request notice.
    (5)  On making the application the applicant must give notice to the court of the names and addresses of which notice was given to the applicant under section 130A(5)(c) above.
 
    (6)  On the hearing of the application any person who is, within the meaning of section 130A above, a person for the time being responsible for the obstruction to which the application relates has a right to be heard as respects the matters mentioned in section 130B(4) above.
 
    (7)  Notice of the hearing, of the right to be heard under subsection (6) above and of the right to appeal against a decision on the application shall be given by the court to each person whose name and address is notified to the court under subsection (5) above.
 
 Section 130B: costs.     130D.  Where an application under section 130B above is dismissed by virtue of paragraph (a), (b) or (c) of subsection (5) of that section, the court, in determining whether and if so how to exercise its power under section 64(1) of the Magistrates' Courts Act 1980 (costs), shall have particular regard to any failure by the highway authority to give the applicant appropriate notice of, and information about, the grounds relied on by the authority under that paragraph."
 
    (2)  In section 317 of the 1980 Act (appeals to the Crown Court from decisions of magistrates' courts) after subsection (2) there is inserted--
        (3)  Any person who, in relation to the decision of a magistrates' court on an application under section 130B above, does not fall within subsection (1) above but--
      (a)  is, within the meaning of section 130A above, a person for the time being responsible for the obstruction to which the application related, or
      (b)  when the application was heard, was such a person and was, or claimed to be, heard on the application,
    may appeal to the Crown Court against the decision on any ground relating to the matters mentioned in section 130B(4) above."  ")
 
  
Clause 60
 
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
THE BARONESS HAMWEE
THE BARONESS SCOTT OF NEEDHAM MARKET
 
441     Page 39, line 42, at end insert--
        ("(  )  Where the offender refuses to comply with the court order, the magistrate may instruct that the obstruction be removed forthwith and the cost recovered from the offender.")
 
  
After Clause 61
 
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
 
441A     Insert the following new Clause-- 
 ("Procedure in connection with certain orders under
Part III of the 1981 Act
 
 
        .  In Schedule 15 to the 1981 Act, in paragraph 13(2), insert the following definition--
      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 Schedule 15; 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."")
Rights of way: procedure for making certain orders.
  
BY THE LORD WILLOUGHBY DE BROKE
THE LORD NORTHBOURNE
 
441B*     Insert the following new Clause-- 
     ("  .--(1)  It shall be the duty of the local highway authority to maintain, and provide adequate signage for, any public way under this Part.
 
    (2)  The local highway authority may contract with the relevant land manager for the performance of such works as may be necessary in discharging the authority's duties under subsection (1).")
Maintenance and signage of public ways.
  
Before Clause 62
 
  
BY THE EARL OF SELBORNE
THE LORD BISHOP OF WINCHESTER
THE BARONESS SHARP OF GUILDFORD
 
442     Insert the following new Clause-- 
     (" .--(1)  Where a way across a common or village green has been used as of right prior to 3rd November 1979 as a vehicular access to a dwelling-house, the dwelling-house shall be deemed, unless otherwise entitled, to have the benefit of an easement for the passage of mechanically propelled and other vehicles along the way.
 
    (2)  Subject to subsections (3) and (4), upon the first occurrence of a relevant event in respect of the dwelling-house, any person who immediately before that event held the benefit of a right created by subsection (1) shall pay a reasonable proportion of the value of the dwelling-house to the owner of the common.
 
    (3)  No sum shall be payable under subsection (2) if the use of the way to access the dwelling-house (or a dwelling-house in a similar position) began before 1st December 1930.
 
    (4)  Subject to subsection (3), the proportion payable under subsection (2) shall not be greater than 2.5 per cent.
 
    (5)  Where an easement is granted by express agreement to create a vehicular right of way across a common or village green to a dwelling-house, the owner of the dwelling-house shall not be liable to pay a sum greater than 5 per cent. of the value of the dwelling-house at the date of the agreement for a way from his property to the nearest convenient highway.
 
    (6)  Any dispute as to any sum payable under this section shall be referred by agreement to arbitration or referred to, and determined by, the Lands Tribunal.
 
    (7)  If no relevant event has occurred the sum referred to in subsection (2) shall be payable 30 years after the coming into force of this section.
 
    (8)  The owner of a dwelling-house may at any time prior to the occurrence of a relevant event make a payment as if it is a payment under subsection (2).
 
    (9)  In this section--
    owner", in relation to any land, means any person, other than a mortgagee not in possession, who, whether in his own right or as trustee for another person, is entitled to receive the rack rent of the land, or, where the land is not let at a rack rent, would be so entitled if it were so let;
    relevant event", means--
          (a)  transfer of the freehold ownership,
          (b)  creation of a lease for a period greater than 21 years,
          (c)  if the owner is a company, any change in the ownership of the company.")
Easements over common land etc.
  
Clause 62
 
  
BY THE LORD WHITTY
 
443     Page 40, line 31, after third ("road,") insert ("a GLA road,") 
  
After Clause 62
 
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
 
443A     Insert the following new Clause-- 
     ("  .--(1)  In section 1 of the Road Traffic Regulation Act 1984 (traffic regulation orders outside Greater London), after subsection (1)(f) there is inserted--
    (g)  for facilitating the use of pedal cycles on bridleways, subject to the publishing of statutory notices and the agreement of the access authority".
    (2)  In section 31 of the Road Traffic Act 1988--
    (a)  after subsection (1)(b) there is inserted ", and
      (c)  is accompanied by a road traffic regulation order if conducted on a bridleway,"; and
    (b)  in subsection (2) the words "other than a bridleway" are omitted.
    (3)  Any right of way enjoyed on a cycle track by the public on pedal cycles shall be enjoyed by the public on horseback.
 
    (4)  The provisions of section 31 of the Road Traffic Act 1988 as amended by subsection (2) above shall apply to a race or trial of speed between horses or horses and cycles on any track as defined by section 1 of the Cycle Tracks Act 1984.")
Use of pedal cycles on bridleways and horses on cycle tracks.
  
Clause 63
 
444     [Withdrawn] 
  
Schedule 7
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
THE LORD LUKE
 
444A*     Page 89, line 21, at end insert--
 
    ("  .--(1)  Section 33 of that Act is amended as follows.
 
    (2)  In subsection (1), for "or bridleway" there is substituted , bridleway or restricted byway".
 
    (3)  In subsection (4), for "or bridleway" there is substituted , bridleway or restricted byway".
 
    (4)  After subsection (5) there is inserted--
        (6)  In this section "restricted byway" has the same meaning as in Part II of the Countryside and Rights of Way Act 2000.".")
 
  
BY THE LORD WILLIAMS OF ELVEL
 
445     Page 89, line 30, at end insert--
        ("(1A)  For the purposes of this section a person shall only be deemed to have lawful authority if in carrying out the activity described in subsection (1) he has due regard to nature conservation.
        (1B)  For the purposes of subsection (1A) the Countryside Agency and the Countryside Council for Wales shall issue guidance about the nature conservation matters to which regard should be had.")
 
446     Page 89, line 30, at end insert--
        ("(  )  If a person who has lawful authority does anything described in subsection (1) he shall so inform the local authority and the police force for the relevant police area.")
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
THE LORD LUKE
 
446A*     Page 89, line 34, at end insert ("and have no further highway rights") 
  
BY THE BARONESS LOCKWOOD
 
447     Page 89, line 35, leave out ("prima facie") 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
448     Page 89, line 35, leave out ("prima facie evidence is adduced to the contrary") and insert ("evidence is adduced to the contrary showing on the balance of probabilities that public vehicular rights exist over the way") 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
THE LORD LUKE
 
448A*     Page 89, line 35, leave out ("prima facie evidence is adduced") and insert ("proved") 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
449     [Withdrawn] 
  
BY THE LORD WHITTY
 
449A     Page 90, line 12, leave out from ("byway"") to end of line 13 and insert ("means a way over which the public have restricted byway rights within the meaning of Part II of the Countryside and Rights of Way Act 2000, with or without a right to drive animals of any description along the way, but no other rights of way.") 
  
Clause 64
 
  
BY THE LORD WHITTY
 
450     [Withdrawn] 
450A     Page 41, line 14, at end insert--
 
    ("(2)  After that section there is inserted--
 
 Agreements relating to improvements for benefit of persons with mobility problems.     147ZA.--(1)  With respect to any relevant structure, a competent authority may enter into an agreement with the owner, lessee or occupier of the land on which the structure is situated which provides--
    (a)  for the carrying out by the owner, lessee or occupier of any qualifying works and the payment by the competent authority of the whole or any part of the costs incurred by him in carrying out those works, or
    (b)  for the carrying out by the competent authority of any qualifying works at their own expense or subject to the payment by the owner, lessee or occupier of the whole or any part of the costs incurred in carrying out those works.
    (2)  In this section--
    (a)  competent authority" has the same meaning as in section 147 above,
    (b)  relevant structure" means a stile, gate or other structure which--
          (i)  is authorised by a condition or limitation subject to which the public right of way over the footpath or bridleway was created, or
          (ii)  is authorised under section 147 above,
 
 
    but does not include a structure to which an agreement falling within section 146(5)(b) above relates, and
 
  
    (c)  qualifying works", in relation to a relevant structure, means works for replacing or improving the structure which will result in a structure that is safer or more convenient for persons with mobility problems.
    (3)  An agreement under this section may include such conditions as the competent authority think fit.
 
    (4)  Those conditions may in particular include conditions expressed to have enduring effect--
    (a)  for the maintenance of the structure as replaced or improved, and
    (b)  for enabling the public right of way to be exercised without undue inconvenience to the public.
    (5)  Where an agreement under this section has been entered into in relation to any structure--
    (a)  the public right of way is to be deemed to be subject to a condition that the structure as replaced or improved may be erected and maintained in accordance with the agreement so long as any conditions included by virtue of subsection (4) above are complied with,
    (b)  in a case falling within subsection (2)(b)(i) above, as from the effective date the previous condition or limitation relating to the relevant structure shall cease to have effect, and
    (c)  in a case falling within subsection (2)(b)(ii) above, as from the effective date the previous authorisation under section 147 above shall cease to have effect in relation to the relevant structure.
    (6)  In subsection (5) above "the effective date" means--
    (a)  the first anniversary of the day on which the agreement was entered into, or
    (b)  such earlier date as may be specified for the purposes of this subsection in the agreement.
    (7)  For the purposes of section 143 above, any stile, gate or other structure replaced or improved in pursuance of an agreement under this section is to be deemed to be erected under this section only if any conditions included by virtue of subsection (4) above are complied with.
 
    (8)  A competent authority may not enter into an agreement under this section except with the consent of every owner, lessee or occupier of the land on which the relevant structure is situated who is not a party to the agreement.
 
    (9)  The Secretary of State may issue guidance to competent authorities as to matters to be taken into account for the purposes of this section; and in exercising their powers under this section competent authorities shall have regard to any such guidance issued to them."
 
     (3)  In section 146 of the 1980 Act (duty to maintain stiles etc. on footpaths and bridleways) in subsection (5), before the word "or" at the end of paragraph (a) there is inserted--
      (aa)  if any conditions for the maintenance of the structure imposed by virtue of subsection (4) of section 147ZA below are for the time being in force under that section,".)
 
  
After Clause 65
 
  
BY THE LORD WHITTY
 
451     Insert the following new Clause-- 
     ("  .--(1)  In this Part--
    (a)  restricted byway" and "restricted byway rights" have the meaning given by section 44(4);
    (b)  expressions which are defined for the purposes of Part III of the 1981 Act by section 66(1) of that Act have the same meaning as in that Part.
    (2)  In this Part any reference to a highway includes a reference to part of a highway.")
Interpretation of Part II.
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
 
451A     Insert the following new Clause-- 
     ("  .  It shall be a principal aim of the Nature Conservancy Council in discharging its functions of protecting and enhancing biodiversity and physiographic features also to make such contribution to sustainable development as is required by guidance issued by Ministers from time to time.")Enhancing sustainable development.
  
Before Clause 66
 
  
BY THE LORD WHITTY
 
452     Insert the following new Clause-- 
 ("The Nature Conservancy Council for England 
     .--(1)  The Nature Conservancy Council for England shall be known instead as English Nature.
 
    (2)  For any reference to the Nature Conservancy Council for England--
    (a)  in any provision of a local Act or subordinate legislation, or
    (b)  in any other instrument or document,
there is substituted, as respects any time after the commencement of subsection (1), a reference to English Nature.
 
    (3)  Any reference to English Nature in this Act (apart from this section), or in any instrument under this Act, shall be construed, in relation to any time before the commencement of subsection (1), as a reference to the Nature Conservancy Council for England.
 
    (4)  Schedule (Amendments consequential on change of name of Nature Conservancy Council for England) (which makes amendments consequential on subsection (1)) has effect.")
The Nature Conservancy Council for England: change of name.
  
BY THE LORD RENTON OF MOUNT HARRY
 
453     Insert the following new Clause-- 
     ("  . After section 87 of the National Parks and Access to the Countryside Act 1949 there is inserted--Duty of certain bodies and persons to have regard to conservation and enhancement of areas of outstanding natural beauty.
 Duty of certain bodies and persons to have regard to conservation and enhancement of areas of outstanding natural beauty.     87A.--(1)  In exercising or performing any functions in relation to, or so as to affect, land in an area of outstanding natural beauty, any relevant authority shall have regard to the need to conserve and enhance the natural beauty of that area.
 
    (2)  For the purposes of this section "relevant authority" means--
    (a)  any Minister of the Crown,
    (b)  any public body,
    (c)  any statutory undertaker, or
    (d)  any person holding public office.
    (3)  In subsection (2)--
    public body" includes--
          (a)  any local authority as defined in section 11A(6),
          (b)  any joint planning board within the meaning of section 2 of the Town and Country Planning Act 1990, and
          (c)  any joint committee appointed under section 102(1)(b) of the Local Government Act 1972;
    public office" has the meaning given in section 11A(4)."")
 
  
Clause 66
 
  
BY THE LORD WHITTY
 
454     Page 41, line 38, at end insert-- 
     ("(  ) A notification under section 23 of the National Parks and Access to the Countryside Act 1949 (notification to local planning authorities of areas of special scientific interest) which by virtue of section 28(13) of the 1981 Act as originally enacted had effect as if given under section 28(1)(a) of that Act, shall cease to have effect.")12, 13 & 14 Geo. 6, c.97.
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
455     Page 42, line 5, leave out subsection (3) 
  
BY THE LORD WHITTY
 
456     Page 42, line 32, leave out ("the Nature Conservancy Council for England") and insert ("English Nature") 
  
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 Englan
d
 
     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
 
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 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-- 
 ("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") 
  
BY THE BARONESS WILCOX
 
483A     Page 97, line 11, after ("wait") insert ("for the Council to provide its advice or") 
483B     Page 97, line 29, at end insert--
 
    ("(6A)  Subsections (2) to (6) above shall not apply if the Council and section 28E authority agree that certain permissions for activities notified under section 28(4)(b) are unlikely to damage any of the flora, fauna or geological or physiographical features by reason of which a site of special scientific interest is of special interest.
 
    (6B)  Any agreement reached under subsection (6A) shall be an agreement in writing and subject to review if the Council are of the opinion that the permissions in the agreement may be causing damage to the features by reason of which the site of special scientific interest is of special interest.")
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
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.")
 
  
BY THE BARONESS BYFORD
THE EARL OF CAITHNESS
 
486A     Page 97, line 40, leave out from ("interest") to end of line 42 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
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).")
 
  
BY THE BARONESS BYFORD
THE EARL OF CAITHNESS
 
487A     Page 98, line 29, 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.")
 
487B     Page 98, line 51, leave out ("or restored") 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
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 BYFORD
THE EARL OF CAITHNESS
 
497A     Page 102, line 33, after ("functions)") insert ("or an owner or occupier of the land in question who is acting in accordance with a statement given under section 28(4)") 
  
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 BARONESS WILCOX
 
498A     Page 102, line 42, at end insert ("unless one of the conditions specified in subsection (6A) is fulfilled.
 
    (6A)  The conditions are that the person is--
    (a)  acting in accordance with an agreement in writing reached with the Council,
    (b)  acting in accordance with a permission issued by a section 28E authority that has complied with section 28G.")
 
  
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. 
 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).
 
 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.
 
 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.")
1978 c. 30.
1985 c. 31.
12, 13 & 14 Geo. 6, c.97.
1968 c. 41.
  
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--
 
 
          (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).")
Publication of response to 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.     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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