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Amendments to the Culture and Recreation Bill [H.L.]

Culture and Recreation Bill [H.L.] -
Amendments to be debated in the House of Lords

Here you can browse the Amendments to the Culture and Recreation Bill [H.L.] to be moved in Committee in the House of Lords.

  
Clause 1
 
  
BY THE BARONESS ANELAY OF ST JOHNS
THE LORD LUKE
 
     Page 1, line 15, leave out ("chairman and other") 
     Page 1, line 16, after ("by") insert ("order made by") 
     Page 1, line 16, at end insert--
 
    ("(4)  The chairman of the safety authority shall be elected from amongst the members of the safety authority.")
 
  
Clause 19
 
  
BY THE BARONESS ANELAY OF ST JOHNS
THE LORD LUKE
 
     Page 13, line 4, leave out ("Amend") 
     Page 13, line 6, after ("England") insert ("is amended") 
  
Clause 23
 
  
BY THE BARONESS ANELAY OF ST JOHNS
THE LORD LUKE
 
     Page 16, line 1, leave out ("Amend") 
     Page 16, line 2, after ("companies)") insert ("is amended") 
  
After Clause 24
 
  
BY THE BARONESS ANELAY OF ST JOHNS
THE LORD LUKE
 
     Insert the following new Clause-- 
 ("Ancient monuments and archaeological protection 
       .  Schedule (ancient monuments and archaeological protection) shall have effect.")Amendments to Ancient Monuments and Archaeological Areas Act 1979.
  
Clause 48
 
  
BY THE BARONESS ANELAY OF ST JOHNS
THE LORD LUKE
 
     Page 27, line 11, at end insert (", or
    (c)  section 1(3),")
 
  
Schedule 1
 
  
BY THE BARONESS ANELAY OF ST JOHNS
THE LORD LUKE
 
     Page 29, line 27, leave out ("or the chairman") 
     Page 29, line 31, leave out ("or the chairman") 
     Page 29, line 34, leave out paragraph 7 
     Page 30, line 1, leave out (", or ceases to be chairman,") 
  
After Schedule 1
 
  
BY THE BARONESS ANELAY OF ST JOHNS
THE LORD LUKE
 
     Insert the following new Schedule-- 
 ("ANCIENT MONUMENTS AND ARCHAEOLOGICAL PROTECTION 
 PART I 
 Ancient Monuments and Archaeological Areas Act 1979 (c. 46) 
     1.  The Ancient Monuments and Archaeological Areas Act 1979 ("the 1979 Act") is amended as follows.
 
    2.--(1)  Section 2 (control of works affecting scheduled monuments) is amended as follows.
 
    (2)  In subsection (2)--
    (a)  in paragraph (a), after "monument" insert "or which disturb the ground in, on or under a scheduled monument";
    (b)  in paragraph (b), after "thereto" leave out "and"; and
    (c)  in paragraph (c), after "monument" insert--
      ; and
      (d)  any act removing an object of archaeological or historical interest in a scheduled monument.",
    (3)  Subsection (8) shall cease to have effect,
 
    (4)  For subsection (9) there is substituted--
        (9)  In proceedings for an offence under this section it shall be a defence to prove the following matters--
      (a)  that works to the monument were urgently necessary in the interests of safety or health or for the preservation of the monument;
      (b)  that it was not practicable to secure safety or health or, as the case may be, the preservation of the monument by works of repair or works for affording temporary support or shelter;
      (c)  that the works carried out were limited to the minimum measures immediately necessary; and
      (d)  that notice in writing justifying in detail the carrying out of the works was given to the Secretary of State as soon as reasonably practicable."
    (5)  In subsection (10) for "the statutory maximum" there is substituted "£20,000".
 
    (6)  After subsection (10) there is inserted--
        (10A)  In determining the amount of any fine to be imposed on a person convicted of an offence under this section, the court shall in particular have regard to any financial benefit which has accrued or appears likely to accrue to him in consequence of the offence."
    3.--(1)  Section 5 (execution of works in cases of urgency) is amended as follows.
 
    (2)  For subsection (3) there is substituted--
        (3)  If it appears to the Commission that any works are urgently necessary for the preservation of a scheduled monument in England, it may enter the site of the monument and execute those works, after giving the owner and (if the owner is not the occupier) the occupier of the monument not less than seven days' notice in writing of its intention to do so."
    (3)  For subsection (4) there is substituted--
        (4)  Where the Commission executes works under subsection (3), subsection (2) shall have effect with the substitution of "Commission" for "Secretary of State" (in each place) and of "execute" for "executes"."
    (4)  Subsection (5) shall cease to have effect.
 
    4.--(1)  Section 17 (agreements concerning ancient monuments, etc.) is amended as follows.
 
    (2)  After subsection (5) insert--
        (5A)  The Commission may enter into an agreement under this subsection with a local authority in respect of an ancient monument in or in the vicinity of the area of the local authority.
        (5B)  An agreement under subsection (5A) may provide for the local authority to exercise management functions of the Commission in respect of an agreement made by the Commission under this section."
    5.--(1)  Section 28 of the 1979 Act (offence of damaging certain ancient monuments) is amended as follows.
 
    (2)  In subsection (4) for "the statutory maximum" there is substituted "£20,000"
 
    (3)  After subsection (4) there is inserted--
        (5)  In determining the amount of any fine to be imposed on a person convicted of an offence under this section, the court shall in particular have regard to any financial benefit which has accrued or appears likely to accrue to him in consequence of the offence."
    6.  Part II of the 1979 Act (archaeological areas) shall cease to have effect.
 
    7.--(1)  Section 42 of the 1979 Act (restrictions on use of metal detectors) is amended as follows.
 
    (2)  In subsection (2) paragraph (b) and the preceding word "or" shall cease to have effect.
 
    (3)  In subsection (3) for "the statutory maximum" there is substituted "£20,000"
 
    (4)  For subsection (7) there is substituted--
        (7)  In determining the amount of any fine to be imposed on a person convicted of an offence under this section, the court shall in particular have regard to any financial benefit which has accrued or appears likely to accrue to him in consequence of the offence."
    8.--(1)  Section 46 (compensation for damage caused, etc.) is amended as follows.
 
    (2)  Subsection (2) shall cease to have effect.
 
    (3)  In subsection (3) the words "38, 39, 40" shall cease to have effect.
 
    9.  Section 50(3) (application to Crown Land) shall cease to have effect.
 
    10.  In section 54(1) (treatment and preservation of finds), the words "or 38(1)(b)" shall cease to have effect.
 
    11.--(1)  Section 55 (proceedings for questioning validity, etc.) is amended as follows.
 
    (2)  In subsection (1), paragraph (a) shall cease to have effect.
 
    (3)  Subsection (2) shall cease to have effect.
 
    (4)  In subsection (4), paragraph (a) shall cease to have effect.
 
    (5)  In subsection (5)--
    (a)  in paragraph (a), the words "order or" shall cease to have effect,
    (b)  in paragraph (b), the words "order or" shall cease to have effect at both points where they occur.
    (6)  In subsection (6), paragraph (a) shall cease to have effect.
 
    (7)  In subsection (7), the words "order or" shall cease to have effect.
 
    12.  In section 57 (power to require information as to interests in land) for "£200" there is substituted "level 3 on the standard scale".
 
    13.  In section 60(2) (regulations and orders) the word "37" shall cease to have effect.
 
    14.  In section 61(1) (interpretation) the definitions of "area of archaeological importance" and "designation order" shall cease to have effect.")
 
 PART II 
 MINOR AND CONSEQUENTIAL AMENDMENTS 
 National Heritage Act 1983 (c. 47) 
     15.--(1)  Section 33 of the National Heritage Act is amended as follows.
 
    (2)  In subsection (2A)--
    (a)  in paragraph (a), the words "Part I of" shall cease to have effect,
    (b)  in paragraph (b), for the word "Part" there is substituted "Act of 1979".
 
 Environment Act 1995 (c. 26) 
     16.  In Schedule 9 to the Environment Act 1995 (miscellaneous function of National Park authorities), in paragraph 10 (ancient monuments and archaeological areas), paragraph (2) shall cease to have effect.") 
  
Schedule 7
 
  
BY THE BARONESS ANELAY OF ST JOHNS
THE LORD LUKE
 
     Page 47, line 34, at end insert-- 
 ("1979 c. 46The Ancient Monuments and Archaeological Areas Act 1979 Section 2(8).
Section 5(5).
Part II (sections 33 to 41, Schedule 2).
In section 42(2), paragraph (b) and the preceding word "or".
Section 46(2).
In section 46(3), the words "38, 39, 40".
Section 50(3).
In section 54(1), the words "or 38(1)(b)".
In section 55(1), paragraph (a).
Section 55(2).
In section 55(4), paragraph (a).
In subsection 55(5), in paragraph (a), the words "order or" and in paragraph (b), the words "order or" at both points where they occur.
In section 55(6), paragraph (a).
In section 55(7), the words "order or".
In section 60(2), the word "37".
In section 61(1), the definitions of "area of archaeological importance" and "designation order".")
 
     Page 47, line 35, at end insert-- 
 ("1995 c. 26The Environment Act 1995In section 33(2A), in paragraph (a), the words "Part I of".
In Schedule 9, paragraph 10(2).")
 
 
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Prepared 25 January 2001