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

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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
[As an amendment 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") 
  
Clause 79
 
  
    
 
234A     [Withdrawn] 
  
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.
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) 
  
Clause 80
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
244     Page 55, line 16, at end insert ("except acquire land or property by the employment of compulsory purchases powers") 
245     Page 55, line 27, leave out from ("otherwise)") to end of line 28 
  
Clause 81
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
246     Page 56, line 4, leave out subsection (3) and insert--
 
    ("(3)  No order shall be made under section 79(9) 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.")
 
  
Clause 82
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
247     Page 57, line 15, after ("prepare") insert (", consult locally on") 
248     Page 57, line 34, after ("review") insert ("within twelve months") 
249     Page 57, line 39, after ("authorities,") insert--
    ("(  )  where consultation has not already taken place, publish the plan in draft form,")
 
  
After Clause 83
 
  
BY THE LORD RENTON OF MOUNT HARRY
 
249A     Insert the following new Clause-- 
     ("  .--(1)  The Minister (as respects England) and the National Assembly for Wales (as respects Wales) shall, in respect of every management plan which they receive, publish a response within six months setting out--
    (a)  the steps which the Minister or the Assembly intend to take to further the objectives in that management plan; and
    (b)  the extent to which the policies of the Minister or the Assembly may conflict with that management plan, and the steps which are to be taken to resolve that conflict.
    (2)  In this section--
    management plan" means a plan published in accordance with--
      (a)  section 82, or
      (b)  section 66 of the Environment Act 1995; and
    Minister" means the Secretary of State or the Minister of Agriculture, Fisheries and Food.")
Obligation in respect of management plans.
  
Clause 84
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
250     Page 59, line 4, leave out ("may") and insert ("shall") 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
THE LORD DIXON-SMITH
 
250A*     Page 59, line 5, after ("board,") insert ("or, where appropriate, a joint committee,") 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
251     Page 59, line 12, at end insert--
 
    ("(  )  The Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales) shall make grants to joint advisory councils for areas of outstanding natural beauty.")
 
 
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Prepared 6 November 2000