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Session 1999-2000
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Amendments to the Countryside and Rights of Way Bill

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

Here you can browse the Supplement to the Fourth Marshalled List of Amendments to the Countryside and Rights of Way Bill to be moved in Committee in the House of Lords.

  
Clause 66
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
THE LORD LUKE
 
455A*     Page 42, line 17, leave out ("physiographical") and insert ("geomorphological") 
455B*     Page 42, line 26, leave out ("physiographical") and insert ("geomorphological") 
456A*     Page 42, line 33, leave out ("Council") and insert ("Countryside Council for Wales") 
  
Schedule 8
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
THE LORD LUKE
 
457B*     Page 90, line 27, after ("opinion") insert ("as adduced by a person of recognised land management qualifications and expertise") 
457C*     Page 90, line 28, leave out ("physiographical") and insert ("geomorphological") 
458ZA*     Page 90, line 43, leave out ("physiographical") and insert ("geomorphological") 
476A*     Page 95, line 52, leave out ("geological") and insert ("geomorphological") 
  
BY THE LORD ROBERTS OF CONWY
 
476B*     Page 95, line 54, at end insert--
 
    ("(3)  Unless otherwise required pursuant to the provisions of another statutory provision, the duty to further the enhancement of flora, fauna or geological or physiographical features in subsection 2 shall not require a statutory undertaker to remove or alter any apparatus, plant or equipment whatsoever installed or kept installed by that statutory undertaker pursuant to its statutory obligations, powers or duties over, under, in or on any ground where the ground is within a site of special scientific interest or where the ground is in the vicinity of such a site.")
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
THE LORD LUKE
 
483AA*     Page 97, line 19, at end insert ("and shall take into account the conditions imposed by any existing management agreement") 
483C*     Page 97, line 33, leave out ("may") and insert ("shall") 
  
BY THE LORD LUKE
 
497ZA*     Page 101, line 42, at end insert--
 
    ("(  )  Where any land acquired compulsorily by the Council ceases to be used or needed for the purpose for which it was acquired, subject to subsection (4) above, the former owner shall have first refusal to purchase the land in question.")
 
  
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
[In substitution for amendment 527]
 
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.
  
Clause 75
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
THE LORD LUKE
 
545A*     Page 46, line 36, after ("increase") insert ("directly") 
546A*     Page 46, line 39, after ("any") insert ("increased") 
546B*     Page 46, line 39, at end insert ("directly") 
546C*     Page 47, line 2, at end insert ("directly") 
546D*     Page 47, line 3, after ("increase") insert ("directly") 
 
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Prepared 9 October 2000