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

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Schedule 10
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
211A     Page 126, leave out lines 9 to 12 
  
Schedule 11
 
  
BY THE LORD WHITTY
 
212     Page 128, line 24, at end insert ("and "stop notice" has the meaning given by paragraph 9(3) of this Schedule") 
213     Page 129, line 9, leave out ("time") and insert ("date") 
214     Page 129, line 10, leave out ("within") and insert ("on or before") 
215     Page 129, line 13, leave out ("period of three months") and insert ("date") 
216     Page 133, line 16, at end insert-- 
 ("Powers of entry 
     21. Section 51 (powers of entry) has effect on and after the substitution date as if, in subsection (1), after paragraph (l) there were inserted--
      (m)  to determine whether or not to give or vary a stop notice;".
 
 Service of notices 
     22. Section 70A (service of notices) applies in relation to notices given under this Schedule as it applies in relation to notices and other documents required or authorised to be served or given under the 1981 Act.") 
  
After Clause 71
 
  
BY THE BARONESS BYFORD
THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD MORAN
THE LORD JUDD
 
217     Insert the following new Clause-- 
     ("  .--(1)  The Secretary of State, with regard to England, and the National Assembly for Wales, with regard to Wales, shall each establish and keep under review from time to time lists of priority species and priority habitats of conservation concern.
 
    (2)  The Secretary of State, with regard to England, and the National Assembly for Wales, with regard to Wales, shall--
    (a)  take such measures as in his or its opinion are reasonably practicable, to further the conservation and enhancement of the priority species and priority habitats listed under subsection (1); and
    (b)  report on these measures from time to time.
    (3)  It shall be the duty of every Minister of the Crown (within the meaning of the Ministers of the Crown Act 1975), government department and the National Assembly for Wales, consistent with the proper exercise of their functions, to further the conservation and enhancement of the priority species and priority habitats listed under subsection (1).")
Priority species and habitats.
  
Clause 72
 
  
BY THE LORD HARDY OF WATH
 
218     Page 48, line 35, at end insert ("together with the confiscation of any vehicle which is used to assist in the committing of such an offence"") 
  
Clause 74
 
  
BY THE LORD WHITTY
 
219     Page 49, line 13, after ("28P") insert ("or under byelaws made by virtue of section 28R") 
220     Page 49, line 27, at end insert--
    ("(  ) to determine any question in relation to compensation under section 20(3) of the 1949 Act as applied by section 28R of this Act;")
 
  
Clause 75
 
  
BY THE LORD WHITTY
 
221     Page 50, line 31, leave out from ("amendments") to ("has") in line 32 and insert ("relating to offences and enforcement powers under Part I of the 1981 Act)") 
  
After Clause 75
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
222     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".
223     Insert the following new Clause-- 
     ("  .--(1)  Sections 13, 14, 15 and 16 of the Game Act 1831 shall be omitted.
 
    (2)  In the Game Act 1831, after section 12 there shall be inserted--
Appointment of gamekeepers, etc.
 <~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."") 
224     Insert the following new Clause-- 
      ("  .  After subsection (4) of section 1 of the Deer Act 1991 (poaching of deer) there shall be inserted--
        (4A)  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 person and convey him or cause him to be conveyed to a constable as soon as conveniently may be."")
Poaching of deer.
  
Schedule 12
 
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
 
225     Page 134, line 7, 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 LORD BUXTON OF ALSA
THE LORD MONSON
 
226     Page 136, line 44, leave out ("subsection") and insert ("subsections (2) and") 
227     Page 136, line 45, leave out ("13 or section") and insert ("5, 8, 9(1) to (4), 10 to 12 or 13(1) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
 
    (1A)  Subject to subsection (5), a person guilty of an offence under any of sections 6, 7, 9(5), 13(2) or")
 
228     Page 136, line 47, at end insert--
 
    ("(2)  A person is not liable to imprisonment pursuant to subsection (1) if--
    (a)  the offence was committed in the course of or was incidental to the carrying out of a lawful occupation or activity, and
    (b)  the court is satisfied that the commission of the offence was not part of a pattern of premeditated activity conducted for purposes other than those relevant to or incidental to the pursuit of that lawful occupation or activity."")
 
  
BY THE LORD WHITTY
 
229     Page 137, line 29, at end insert-- 
 ("Police and Criminal Evidence Act 1984 (c. 60) 
     13. In section 24(2) of the Police and Criminal Evidence Act 1984 (arrestable offences), after paragraph (r) there is inserted--
      (s)  an offence under section 1(1) or (2) or 6 of the Wildlife and Countryside Act 1981 (taking, possessing, selling etc. of wild birds) in respect of a bird included in Schedule 1 to that Act or any part of, or anything derived from, such a bird;
      (t)  an offence under any of the following provisions of the Wildlife and Countryside Act 1981--
            (i)  section 1(5) (disturbance of wild birds),
            (ii)  section 9 or 13(1)(a) or (2) (taking, possessing, selling etc. of wild animals or plants),
            (iii)  section 14 (introduction of new species etc.)."")
 
  
Clause 77
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
230     Page 52, line 2, at end insert (", local owner/occupier representative bodies") 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
THE LORD DIXON-SMITH
 
230A     Page 52, line 2, at end insert (", other relevant organisations") 
230B     Page 52, line 3, after ("authority") insert ("or parish council") 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
231     Page 52, line 10, at end insert ("after consultation with countryside bodies, local owner/occupier representative bodies and every local authority whose area includes any land to which the order to be revoked or varied relates") 
  
Clause 78
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
232     Page 53, line 4, leave out ("planning") 
233     Page 53, line 5, leave out ("power") and insert ("a duty") 
  
After Clause 78
 
  
BY THE LORD WHITTY
 
234     Insert the following new Clause-- 
     ("  .--(1)  In exercising or performing any functions in relation to, or so as to affect, land in an area of outstanding natural beauty, a relevant authority shall have regard to the purpose of conserving and enhancing the natural beauty of the area of outstanding natural beauty. 
     (2)  The following are relevant authorities for the purposes of this section--
    (a)  any Minister of the Crown,
    (b)  any public body,
    (c)  any statutory undertaker,
    (d)  any person holding public office.
    (3)  In subsection (2)--
    public body" includes--
          (a)  a county council, county borough council, district council, parish council or community council;
          (b)  a joint planning board within the meaning of section 2 of the Town and Country Planning Act 1990;
          (c)  a joint committee appointed under section 102(1)(b) of the Local Government Act 1972;
    public office" means--
          (a)  an office under Her Majesty;
          (b)  an office created or continued in existence by a public general Act; or
          (c)  an office the remuneration in respect of which is paid out of money provided by Parliament.")
General duty of public bodies etc.
  
BY THE LORD BRIDGES
THE LORD JUDD
[Amendments 234ZA and 234ZB are amendments to amendment 234]
 
234ZA     Line 4, leave out ("regard to the purpose of conserving and enhancing") and insert ("the general duty to conserve and enhance") 
  
BY THE LORD ROBERTS OF CONWY
 
234ZB     Line 25, at end insert--
 
    ("(  )  The obligation to have regard to the purpose of enhancing the natural beauty of an area of outstanding natural beauty 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 functions powers or duties over, under, in or on any land in an area of outstanding natural beauty.")
 
  
Clause 79
 
234A     [Withdrawn] 
  
BY THE EARL PEEL
 
234B*     Page 53, line 30, at end insert--
 
    ("(  )  No order shall be made under this section in relation to an area of outstanding natural beauty unless a majority of the local authorities whose areas consist of or include the whole or part of that area of outstanding natural beauty consent to the establishment of a conservation board.")
 
  
BY THE LORD WHITTY
 
235     Page 53, line 41, at end insert--
 
    ("(3A)  Subsection (3) does not apply to functions of a local authority under Part II, III, VII or XIII of the Town and Country Planning Act 1990.")
 
236     [Withdrawn] 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
THE LORD DIXON-SMITH
 
236A     Page 54, line 9, at end insert ("and obtain agreement from") 
237     [Withdrawn] 
237A     Page 54, line 15, at end insert ("and obtain agreement from") 
238     [Renumbered as amendment 234A] 
  
After Clause 79
 
  
BY THE LORD RENTON OF MOUNT HARRY
 
238A     Insert the following new Clause-- 
     ("  .  Before making an order to establish a conservation board, the Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales) shall be satisfied that there is a broad measure of agreement among those consulted locally that a conservation board should be established.")Establishment of conservation boards: concensus of agreement.
  
BY THE LORD RENTON OF MOUNT HARRY
THE EARL PEEL
 
238B     Insert the following new Clause-- 
     ("  .--(1)  A conservation board shall consist of not more than 24 members of whom--
    (a)  not less than three-quarters shall be appointed by local authorities and parish councils in the proportion of two members from the local authorities for every one member from the parish councils; and
    (b)  the balance of not more than one-quarter shall be appointed by the Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales) from organisations whose interests and objectives are relevant to the conservation board.
    (2)  In the event of a failure by local authorities and parish councils to agree appointments under subsection (1)(a) above, the matter should be referred to the Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales) for arbitration and decision.
 
    (3)  A conservation board shall, after local consultation, decide whether to form an advisory council, and if such a council is formed, shall appoint members to it who shall be drawn from local organisations concerned with the objectives of the conservation board.")
Composition of conservation boards.
  
Schedule 13
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
THE LORD DIXON-SMITH
 
238C     Page 138, line 1, after ("members") insert ("from a list of nominees obtained from local conservation bodies and other relevant organisations") 
  
BY THE LORD WHITTY
 
239     Page 138, line 2, at end insert (", and
    (c)  in the case of an English conservation board, such number of parish members as may be so specified.")
 
240     Page 138, line 3, leave out sub-paragraph (2) 
241     Page 139, line 2, leave out from ("appointed") to end of line 3 and insert (", in accordance with the provisions of the relevant order, by--
    (a)  the parish councils for parishes the whole or any part of which is comprised in the relevant area of outstanding natural beauty, and
    (b)  the parish meetings of any of those parishes which do not have separate parish councils.")
 
242     Page 139, line 33, leave out sub-paragraph (7) 
243     Page 140, line 7, leave out sub-paragraph (6) 
 
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Prepared 15 November 2000