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

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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.
  
Clause 70
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
THE LORD LUKE
 
521B     Page 44, line 8, leave out ("physiographical") and insert ("geomorphological") 
521C     Page 44, line 33, leave out ("the") and insert ("or in relation to") 
521D     Page 44, line 36, leave out ("the") and insert ("or in relation to") 
521E     Page 45, leave out lines 30 and 31 and insert ("the Land Tribunal") 
  
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.
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
[Amendments 522A to 522D are amendments to amendment 522]
 
522A*     Line 9, leave out ("and enhancing") 
522B*     Line 9, after ("enhancing") insert ("at its own expense") 
522C*     Line 16, leave out ("and enhancing") 
522D*     Line 16, after ("enhancing") insert ("at its own expense") 
  
BY THE LORD WHITTY
 
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.
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
[Amendments 523A to 523F are amendments to amendment 523]
 
523A*     Line 4, leave out ("local authority") and insert ("metropolitan, county, unitary district authority or parish county") 
523B*     Line 28, leave out ("thinks expedient") and insert ("determines following consultation specified in sub-paragraph (5) below") 
523C*     Line 31, after ("authority") insert ("and every owner or occupier") 
523D*     Line 36, at end insert ("and every owner or occupier") 
523E*     Line 39, leave out sub-paragraphs (7) and (8) 
523F*     Line 55, after ("local") insert ("planning") 
  
BY THE LORD WHITTY
 
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.
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
[As an amendment to amendment 524]
 
524A*     Line 26, leave out sub-paragraph (4) 
  
BY THE LORD WHITTY
 
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.
 
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