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Column 62Shaw, David (Dover)
Shaw, Sir Giles (Pudsey)
Shaw, Sir Michael (Scarb')
Shephard, Mrs G. (Norfolk SW)
Shepherd, Colin (Hereford)
Skeet, Sir Trevor
Smith, Tim (Beaconsfield)
Soames, Hon Nicholas
Spicer, Sir Jim (Dorset W)
Spicer, Michael (S Worcs)
Stanley, Rt Hon Sir John
Stokes, Sir John
Stradling Thomas, Sir John
Tapsell, Sir Peter
Taylor, Ian (Esher)
Taylor, John M (Solihull)
Taylor, Teddy (S'end E)
Thompson, D. (Calder Valley)
Thompson, Patrick (Norwich N)
Townend, John (Bridlington)
Townsend, Cyril D. (B'heath)
Twinn, Dr Ian
Vaughan, Sir Gerard
Waddington, Rt Hon David
Wakeham, Rt Hon John
Waldegrave, Hon William
Walker, Bill (T'side North)
Walters, Sir Dennis
Wardle, Charles (Bexhill)
Woodcock, Dr. Mike
Young, Sir George (Acton)
Younger, Rt Hon George
Tellers for the Noes :
Mr. Tony Durant and
Mr. David Lightbown.
Question accordingly negatived.
Mr. Deputy Speaker-- then proceeded to put forthwith the Question necessary for the disposal of the business to be concluded by Six o'clock.
Lords amendment No. 13 agreed to.
Police Officers (Central Service) Act 1989.
Hearing Aid Council (Amendment) Act 1989.
Dock Work Act 1989.
Kingston upon Hull City Council Act 1989.
Tees (Newport) Bridge Act 1989.
Lords amendments again considered.
Lords amendment : No. 14, in page 7, line 19, at end insert-- -"( ) to ensure that the interests of every such person are further protected as respects benefits that could be secured for them by the application in a particular manner of any of the proceeds of a disposal (whether before, on or after the transfer date) of any of that company's protected land or of any interest or right in or over any of that land;"
Read a Second time.
not less than fifty per cent of the proceeds'.
Mr. Deputy Speaker (Sir Paul Dean) : With this it will be convenient to take amendment (b) to the Lords amendment, in line 4, leave out any of the proceeds' and insert all of the proceeds'. Lords amendments Nos. 41 to 43, 151 and 157.
Lords amendment No. 158, after clause 147, to insert the following new clause-- restriction on disposals of land
Column 63" .-(1) The Authority shall not dispose of any of its compulsorilyacquired land, or of any interest or right in or over any of the land, except with the consent of, or in accordance with a general authorisation given by, the Secretary of State or the Minister.
(2) A company holding an appointment under Chapter I of Part II of this Act shall not dispose of any of its protected land, or of any interest or right in or over any of that land, except with the consent of, or inaccordance with a general authorisation given by, the Secretary of State.
(3) A consent or authorisation for the purposes of this section shall beset out in a notice served by the Secretary of State or the Minister on theperson who is or may be authorised, by virtue of the provision containedin the notice, to dispose of land or of interests or rights in or over land or,as the case may be, on every such person.
(4) A consent or authorisation for the purposes of this section may begiven on such conditions as the Secretary of State or, as the case may be,the Minister considers appropriate.
(5) Without prejudice to the generality of subsection (4) above andsubject to subsection (6) below, the conditions of a consent orauthorisation for the purposes of this section may include- (a) a requirement that, before there is any disposal, an opportunityof acquiring the land in question, or an interest or right in orover that land, is to be made avaialbe, in such manner and onsuch terms as may be specified in or determined under provision contained in the notice setting out the consent or authorisation,to such person as may be so specified or determined;
(b) a requirement, in the case of a consent or authorisation for thepurposes of subsection (2) above, that the company making thedisposal has complied with such of the conditions of itsappointment under Chapter I of Part II of this Act as relate tothe disposal of its protected land or of any interest or right in orover that land;
(c) a requirement that such a company, before making a disposal ina case in which the land in question is situated in a NationalPark, in the Broads or in an area of outstanding natural beautyor special scientific interest, should do one or both of thefollowing, that is to say-
(i) consult with the Countryside Commission and, in thecase of an area of special scientific interest, with the NatureConservancy Council; and
(ii) enter into such agreements under section 39 of theWildlife and Countryside Act 1981 (managementagreements) or such convenants under subsection (7) below asthe Secretary of State may determine; (d) provision requiring determinations under or for the purposes ofthe consent or authorisation to be made, in such cases as arementioned in paragraph (c) above, either by the
CountrysideCommission or only after consultation with that Commission.
(6) A consent or authorisation shall not be given on any such conditionas is mentioned in subsection (5)(a) above except where the Secretary ofState or the Minister is satisfied that the condition will have effect inrelation only to-
(a) land which, or any interest or right in or over which, was acquiredby-
(i) The Authority;
(ii) the water undertaker or sewerage undertaker inquestion; or (iii) any predecessor of the Authority or undertaker,
either compulsorily or at a time when the Authority, undertaker or predecessor was authorised to acquire it compulsorily; or (b) land situated in a National Park, in the Broads or in an area ofoutstanding natural beauty or special scientific interest. (7) Where a company holding an appointment under Chapter I of Part II of this Act is proposing, in such a case as is mentioned in subsection(5)(c) above, to dispose of, or of any interest or right in or over, any of itsprotected land, it may enter into a covenant with the Secretary of State byvirture of which it accepts obligations with respect to-
(a) the freedom of access to the land that is to be afforded to membersof the public or to persons of any description; or (b) the use of management of the land;
and a covenant under this subsection shall bind all persons deriving titlefrom or under that company and shall be enforceable by the Secretary ofState accordingly.
(8) Section 8 above shall have effect for the purposes of this section asif every proposal which-
(a) is made by a company holding an appointment as a
waterundertaker or sewerage undertaker with respect to land in aNational Park, in the Broads or in an area of outstandingnatural beauty or special scientific interest or with respect to anyinterest or right in or over any such land; and
(b) is a proposal for which the Secretary of State's consent or authorisation is required under this section,
were a proposal relating to the functions of that undertaker. (9) In this section "compulsorily acquired land", in relation to the Authority, means any land of the Authority which-
(a) was acquired by the Authority compulsorily under the provisions of section 147 above or of section 150 below;
(b) was acquired by the Authority at a time when it was authorised under those provisions to acquire the land compulsorily;
(c) being land which has been transferred to the Authority in accordance with a scheme under Schedule 2 to this Act, was acquired by a predecessor of the Authority compulsorily under so much of any enactment in force at any time before the transfer date as conferred powers of compulsorily acquisition; or
(d) being land which has been so transferred, was acquired by such a predecessor at a time when it was authorised to acquire the land by virtue of any such powers as are mentioned in paragraph (c) above.) (10) In this section-
"area of outstanding natural beauty or special scientific interest" means an area which-
(a) is for the time being designated as an area of outstanding natural beauty for the purposes of the National Parks and Access to the Countryside Act 1949; or
(b) is an area in relation to which a notification given, or having effect as if given, under section 28 of the Wildlife and Countryside Act 1981 (areas of special scientific interest) for the time being has effect;
and the reference in subsection (5)(c) above to an area of special scientific interest shall, accordingly, be construed as a reference to an area such as is mentioned in paragraph (b) of this definition; and
"the Broads" has the same meaning as in the Norfolk and Suffolk Broads Act 1988."
Amendment (a) to the Lords amendment, in line 14, at end insert-- (3A) Before granting any consent or authorisation under this section, the Secretary of State shall undertake public consultation, and for the purposes of such consultation shall
(a) invite representations from such individuals or organisations as appear to him to be concerned ; and
(b) publish a notice of the applications for consent or authorisation in the London Gazette and such local newspapers and other publications as appear to him to be relevant and no period for representations shall be specified which is less than 42 days.'. Amendment (b) to the Lords amendment, in line 35, in subsection (5)(c), after Broads', insert in a designated area'.
Amendment (c) to the Lords amendment, at end of subsection (1), add--
"designated area" means any area which is for the time being designated by an order made by the Secretary of State by