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

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BY THE BARONESS BYFORD
THE LORD GLENTORAN
[Amendments 525A to 525E are amendments to amendment 525]
 
525A*     Line 12, leave out sub-paragraph (3) 
525B*     Line 38, leave out ("local authority") and insert ("metropolitan, unitary district authority or parish county") 
525C*     Line 44, leave out ("local authority") and insert ("metropolitan, county, unitary district authority or parish county") 
525D*     Line 63, leave out paragraph (a) 
525E*     Line 66, leave out paragraph (b) 
  
BY THE LORD WHITTY
 
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.
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
[Amendments 526A to 526C are amendments to amendment 526]
 
526A*     Line 4, leave out ("and enhancing") 
526B*     Line 13, leave out ("seek to foster") and insert ("support") 
526C*     Line 15, leave out from ("beauty") to ("so")

    [Withdrawn]

 
  
BY THE LORD WHITTY
 
527A     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 made under section (Establishment of conservation boards)(9) by the Secretary of State shall be subject to annulment in pursuance of a resolution of either House of Parliament.
 
    (4)  If a draft of an order made under section (Establishment of conservation boards)(1) by the Secretary of State 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 "snipe, woodcock and wild duck".
 
    (2)  In section 3 of the Game Act 1831, after the words "or other engine or instrument for the purpose of killing or taking any game" there shall be inserted "or attempts to take, kill or injure any game or assist any person to do so".")
Definition of `game'.
536     Insert the following new Clause--
 
    ("  .--(1)  Sections 13, 14, 15 and 16 of the Game Act 1831 shall cease to have effect.
 
    (2)  In the Game Act 1831, after section 12 there shall be inserted--
 
 <~et>Appointment of gamekeepers.     12A.  It shall be lawful for any person who, in relation to any land, is the owner or occupier of the land or any person authorised by the owner or occupier, including any person having the right to take or kill game on the land, to appoint a gamekeeper, or gamekeepers, to be engaged in the management and conservation of game birds, wildfowl, ground game, deer, fish or wildlife, and such gamekeeper shall have the right to preserve or kill game on that land."")Appointment of gamekeepers etc.
  
BY THE LORD RENTON OF MOUNT HARRY
 
536A     Insert the following new Clause--
        ("  .--(1)  A conservation board shall have power in respect of every financial year beginning after the establishment of that board to issue levies to the councils by whom local authority members fall to be appointed to it, and accordingly section 71 of the Environment Act 1995 shall apply to a conservation board as if references in that section to a National Park authority were references to the board.
        (2)  The Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales) may make grants to a conservation board for such purposes, of such amounts and on such terms and conditions as the Secretary of State or the Assembly thinks fit, and accordingly sections 72 and 73 of the Environment Act 1995 shall apply as if references in that section to a National Park authority were references to the board.")
Conservation boards: finances.
  
BY THE LORD JUDD
THE BARONESS GIBSON OF MARKET RASEN
 
536AA     Insert the following new Clause--
        ("  .--(1)  The Secretary of State (as respects England) and National Assembly for Wales (as respects Wales) may make regulations for the implementation of Article 2 of Annex V of the 1992 OSPAR Convention on the Protection and Conservation of the Ecosystems and Biological Diversity of the Maritime Area.
        (2)  Regulations made under subsection (1) may in particular make provision with respect to--
      (a)  measures to protect and conserve the ecosystems and the biological diversity of the maritime area, and to restore, where practicable, marine areas which have been adversely affected;
      (b)  programmes and measures for the purposes of subsection (2)(a) for the control of human activities; and
      (c)  the enforcement of such measures and programmes.")
Protection and Conservation of Maritime Area.
  
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)")
 
 
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