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Amendments to the High Hedges Bill [HL]

High Hedges Bill [HL]


MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
ON REPORT


[Amendments marked * are new or have been altered]

Amendment
No.

 

Clause 1

 

THE LORD EVANS OF TEMPLE GUITING

1Page 1, line 6, leave out from "being" to "a" in line 7 and insert "adversely affected by the height of"
2Page 1, line 8, at end insert—
"(1A)  This Act does not apply to complaints about the effect of the roots of a high hedge."
3Page 2, line 2, leave out from "be" to end of line 3 and insert "adversely affected by the height of a high hedge situated on land owned or occupied by another person,"
4Page 2, line 6, leave out from "to" to end of line 9 and insert "the effect of the height of a high hedge on the complainant's reasonable enjoyment of any domestic property shall be read as a reference to the effect that it would have on the reasonable enjoyment of the property by a prospective occupier"
 

Clause 2

 

THE LORD EVANS OF TEMPLE GUITING

5Page 2, line 11, leave out from "means" to end of line 13 and insert "so much of a barrier to light or access as—
4(a)  is formed wholly or predominantly by a line of two or more evergreens; and
(b)  rises to a height of more than two metres above ground level."
 

THE LORD METHUEN
[As an amendment to amendment 5]

6Line 4, leave out "evergreens" and insert "trees or shrubs"
 

THE LORD METHUEN

7Page 2, line 15, leave out paragraph (a) and insert—
"(a)  trees and shrubs shall include both evergreen and deciduous species;"
 

THE LORD EVANS OF TEMPLE GUITING

8Page 2, line 15, after "shrub" insert "or semi-evergreen tree or shrub"
9Page 2, line 16, leave out from "is" to end of line 18 and insert "not to be regarded as forming a barrier to light or access if the existence of gaps significantly affects its overall effect as such a barrier at heights of more than two metres above ground level."
 

Clause 4

 

THE LORD EVANS OF TEMPLE GUITING

10Page 3, line 2, leave out paragraph (a) and insert—
"(a)  whether the height of the high hedge specified in the complaint is adversely affecting the complainant's reasonable enjoyment of the domestic property so specified; and"
11Page 3, line 7, leave out "any such obstruction" and insert "the adverse effect"
 

Clause 5

 

THE LORD EVANS OF TEMPLE GUITING

12Page 4, line 9, leave out from second "that" to end of line 11 and insert "the height of that hedge is adversely affecting the complainant's reasonable enjoyment of the domestic property specified in the notice;"
13Page 4, line 13, leave out "any such obstruction" and insert "the adverse effect"
14Page 4, line 17, leave out "any such obstruction" and insert "an adverse effect"
 

THE BARONESS GARDNER OF PARKES

15Page 4, line 25, leave out paragraph (b)
 

After Clause 9

 

THE LORD EVANS OF TEMPLE GUITING

16Insert the following new Clause—
  "Powers of entry for the purposes of complaints and appeals
(1)  Where, under this Act, a complaint has been made or a remedial notice has been issued, a person authorised by the relevant authority may enter the neighbouring land in order to obtain information required by the relevant authority for the purpose of determining—
(a)  whether this Act applies to the complaint;
(b)  whether to issue or withdraw a remedial notice;
(c)  whether to vary a requirement of a remedial notice;
(d)  whether a requirement of a remedial notice has been complied with.
(2)  Where an appeal has been made under section 7, a person authorised—
(a)  by the Secretary of State, or
(b)  by a person appointed to determine appeals on his behalf,
  may enter the neighbouring land in order to obtain information required by the Secretary of State, or by the person so appointed, for the purpose of determining an appeal under this Act.
(3)  A person shall not enter land in the exercise of a power conferred by this section unless at least 24 hours' notice of the intended entry has been given to every occupier of the land.
(4)  A person authorised under this section to enter land—
(a)  shall, if so required, produce evidence of his authority before entering; and
(b)  shall produce such evidence if required to do so at any time while he remains on the land.
(5)  A person who enters land in the exercise of a power conferred by this section may—
(a)  take with him such other persons as may be necessary;
(b)  take with him equipment and materials needed in order to obtain the information required;
(c)  take samples of any trees or shrubs that appear to him to form part of a high hedge.
(6)  If, in the exercise of a power conferred by this section, a person enters land which is unoccupied or from which all of the persons occupying the land are temporarily absent, he must on his departure leave it as effectively secured against unauthorised entry as he found it.
(7)  A person who intentionally obstructs a person acting in the exercise of the powers under this section is guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding level 3 on the standard scale."
 

Clause 11

 

THE LORD EVANS OF TEMPLE GUITING

17Page 9, line 17, leave out from second "taken" to end of line 21 and insert—
"(a)  a person authorised by the relevant authority may enter the neighbouring land and take the required action; and
(b)  the relevant authority may recover any expenses reasonably incurred by that person in doing so from any person who is the owner or an occupier of the land."
18Page 9, line 25, at end insert—
"(3A)  A person shall not enter land in the exercise of a power conferred by this section unless at least 7 days' notice of the intended entry has been given to every occupier of the land.
(3B)  A person authorised under this section to enter land—
(a)  shall, if so required, produce evidence of his authority before entering; and
(b)  shall produce such evidence if required to do so at any time while he remains on the land.
(3C)  A person who enters land in the exercise of a power conferred by this section may—
(a)  use a vehicle to enter the land;
(b)  take with him such other persons as may be necessary;
(c)  take with him equipment and materials needed for the purpose of taking the required action.
(3D)  If, in the exercise of a power conferred by this section, a person enters land which is unoccupied or from which all of the persons occupying the land are temporarily absent, he must on his departure leave it as effectively secured against unauthorised entry as he found it."
19Page 9, line 32, leave out "subsection (1)" and insert "this section"
 

Clause 16

 

THE LORD EVANS OF TEMPLE GUITING

20Page 12, line 5, leave out from "regulations" to "the" in line 11 and insert "do one or both of the following—
(a)  amend section 1 for the purpose of extending the scope of complaints relating to high hedges to which this Act applies; and
(b)  amend"

 
 
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27 February 2003