House of Commons Hansard Debates for 2 May 1990

Mr. Bryan Gould (Dagenham) : I beg to move, That the clause be read a Second time.

Mr. Speaker : With this, it will be convenient to take the following :

New clause 10-- Countryside Council in Wales

( ) (1) If the Chairman or any member of the Countryside Council for Wales is found to have a substantial interest in any land in Wales over which a public right of way runs and which is ploughed up and not reinstated contrary to section 134 Highways Act 1980 and section 61 Wildlife and Countryside Act 1981 or is otherwise unlawfully obstructed or unlawfully interfered with, the Secretary of State shall have regard to the desirability of inviting him to resign his position on the Council

(2) In addition to section 106(1) above and to the generality of the contents of schedule 6 and in accordance with section 106(2), the Countryside Council for Wales shall have the following duties, namely--

(a) to secure and promote public access on foot to the countryside by way of public rights of way and public access to open country ; (b) to form a specific recreation branch whose primary objective shall be to institute a programme of work to be implemented in conjunction with local authorities with the goal of having all public rights of way in Wales unobstructed and adequately maintained and signposted by the year 2000 and maintained in such a state thereafter ;

(c) to produce an annual report detailing the Council's footpath and access work and progress towards achieving the goal in (b) above ;

(d) to establish and maintain an access advisory committee, consisting of persons who are not members of the council, but who have a particular interest in promoting the recreational use on foot of rights of way and open country and the reopening of unlawfully obstructed rights of way ;

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(e) to consult the advisory committee as to any proposals of the Council relating generally or specifically to rights of way and public access to the countryside ;

(f) to consider any representations made to it by the advisory committee (whether in response to consultation under paragraph (e) above or otherwise) as to the manner in which the Council carries out its functions regarding rights of way and public access to the countryside.

(3) The Countryside Council for Wales and the Countryside Commission shall be empowered to advise the Ministry of Agriculture, Fisheries and Food of any farmer or landowner who unlawfully obstructs or otherwise unlawfully interferes with any public right of way and the Ministry shall suspend any payments, grants or subsidies to such a farmer or landowner and shall not resume suspended payments until such unlawful obstructions or unlawful interferences have been removed or ceased as the case may be.'.

New clause 42-- New Authorities for England, Scotland and Wales -- ( ).-- (1) There shall be five new statutory Authorities, to be called the Nature Conservancy Council for England, the Nature Conservancy Council for Scotland, the Nature Conservancy Council for Wales (in this Part referred to as "the Councils"), the Countryside Commission for England and the Countryside Commission for Wales (in this Part referred to as "the Commissions").

(2) The Authorities shall have the following membership, that is to say :

(a) the Nature Conservancy Council for England shall have not less than 10 nor more than 14 members ;

(b) the Nature Conservancy Council for Scotland shall have not less than 8 nor more than 12 members ;

(d) the Countryside Commission for England shall have not less than 10 nor more than 14 members ;

(e) the Countryside Commission for Wales shall have not less than 8 nor more than 12 members ;

and those members shall be appointed by the Secretaty of State. (3) The Secretary of State may by order amend paragraph (a), (b), (c), (d) or (e) of subsection (2) above so as to substitute for the number for the time being specified as the maximum membership of an Authority such other number as he thinks appropriate.

(4) Schedule 5 to this Act shall have effect with respect to the constitution and proceedings of the Authorities and other matters relating to the discharge of their functions.'.

New clause 43-- Grants to Authorities --

( ).--(1) The Secretary of State may with the approval of the Treasury make to the Authorities grants of such amounts as the Secretary of State thinks fit.

(2) A grant under this section may be made subject to such considerations as the Secretary of State may with the approval of the Treasury think fit.'.

New clause 44-- Landscape conservation and informal countryside recreation in England and Wales --

( ).--(1) For the purposes of landscape conservation or the promotion of informal countryside recreation, and fostering the understanding thereof, the Commissions shall, in place of the Countryside Commission established under the Countryside Act 1968, have (so far as pertains to the countries to which they relate) the functions conferred by sections ( ), ( ) and ( ) below.

(2) It shall be the duty of the Commissions in discharging their functions to take appropriate account of actual or possible landscape or recreational changes.

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(3) The Commissions shall discharge their respective functions under those enactments (as amended by Schedule 5) on and after a day to be appointed by an order made by the Secretary of State. (4) The Secretary of State may give the Commissions, or any of them, directions of a general or specific character with regard to the discharge of any of their functions other than those conferred on them by section ( )(a) below.

(5) In this part the definition "landscape conservation" includes the conservation of flora, fauna or geological or physiographical features.'.

New clause 45-- Further functions of Commissions-- ( ).--(1) The Commissions shall have the following functions in addition to those specified in section ( ) above, namely :

(a) such of the functions previously discharged by the Countryside Commission under enactments specified in Schedule 5 to this Act as are assigned to them in accordance with the amendments to those enactments effected by that Schedule.

(b) the provision of advice for the Secretary of State or any other Minister on the development and implementation of policies for or affecting landscape conservation or informal countryside recreation ;

(c) the provision of advice and the dissemination of knowledge to any other person about landscape conservation or informal countryside recreation in their area or about matters arising from the discharge of their functions under this section or section ( ) below ; (d) the commissioning or support (whether by financial means or otherwise) of research which in their opinion is relevant to any of their functions under this section or section ( ) below.

(2) Nothing in this section shall be taken as preventing either of the Commissions, if consulted by the other about a matter relating to the functions of that other Commission, from giving that other Commission any advice or information which they are able to give.'. New clause 46-- Nature conservation in Great Britain

( ).--(1) For the purposes of nature conservation, and fostering the understanding thereof the Councils shall, in place of the Nature Conservancy Council established under the Nature Conservancy Act 1973, have (so far as pertains to the countries to which they relate) the functions conferred by sections ( ) to ( ) below.

(2) It shall be the duty of the Councils in discharging their nature conservation functions to take appropriate account of actual or possible ecological changes.

(3) The Councils shall discharge their nature conservation functions on and after a day to be appointed by an order made by the Secretary of State.

(4) The Secretary of State may give the Councils, or any of them, directions of a general or specific character with regard to the discharge of any of their nature conservation functions other than those conferred on them by section (109) below.

(5) In this part "nature conservation" means the conservation of flora, fauna or geological or physiographical features.'.

New clause 47-- Nature Conservancy Councils'functions --

( ).--(1) The Councils shall each have the following functions, namely--

(a) such of the functions previously discharged by the Nature Conservancy under the enactments specified in Schedule 6 to this Act as are assigned to them in accordance with the amendments to those enactments effected by that Schedule ;

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(b) the provision of advice for the Secretary of State or any other Minister on the development and implementation for policies for or affecting nature conservation in their area ;

(c) the provision of advice and the dissemination of knowledge to any other person about nature conservation in their area or about matters arising from the discharge of their functions under this section or section ( ) below ;

(d) the commissioning or support (whether by financial means or otherwise) of research which in their opinion is relevant to any of their functions under this section or section ( ) below.

(2) The Councils shall each have power--

(a) to accept any gift or contribution made to them for the purposes of any of the functions conferred on them by subsection (1) above or section ( ) below and, subject to the terms of the gift or contribution, to apply it to those purposes ;

(b) to initiate and carry out such research directly related to those functions as it is appropriate that they should carry out instead of commissioning or supporting other persons under paragraph (d) of that subsection ;

and they may do all such other things as are incidental or conducive to those functions including (without prejudice to the generality of this provision) making charges and holding land or any interest in or right over land.

(3) Nothing in this section shall be taken as preventing any of the Councils, if consulted by another of the Councils about a matter relating to the functions of that other Council, from giving that other Council any advice or information which they are able to give.'.

New clause 48-- Joint Committee for Great Britain --

( ) (1) Subject to subsection (3) below, the Councils shall each have the following functions, in addition to those specified in section 109 above, namely--

(a) the provision of advice for the Secretary of State or any other Minister on the development and implementation of policies for or affecting nature conservation in Great Britain or elsewhere ; (b) the provision of advice and the dissemination of knowledge about nature conservation in Great Britain or elsewhere ; (c) the establishment of common standards for the monitoring of, and research into, nature conservation and for the analysis of the resulting information ;

(d) the commissioning or support (whether by financial means or otherwise) of research which in their opinion is relevant to any matter mentioned in paragraphs (a) to (c) above ;

and section 103(2) and (3) above shall apply to the functions conferred by this subsection as they apply to the functions conferred by subsection (1) of that section.

(2) Subject to subsection (3) below, and in addition to the functions specified in section ( ) above, the Commissions (including here the Countryside Commission for Scotland) shall have the following functions, namely--

(a) the provision of advice for the Secretary of State or any other Minister on the development and implementation of policies for or affecting landscape conservation or informal countryside recreation in Great Britain and elsewhere ;

(b) the provision of advice and the dissemination of knowledge about landscape conservation or informal countryside recreation in Great Britain and elsewhere ;

(c) the establishment of common standards for the monitoring of, and research into, landscape conservation or informal countryside recreation, and for the analysis of the resulting information ; (d) the commissioning or support (whether by financial means or otherwise) of research which in their opinion is relevant to any matter mentioned in paragraphs (a) to (c) above ;

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and subsection 101(2) above shall apply to the functions conferred by this subsection as they apply to the functions conferred by subsection (1) of that section.

(3) No function falling within subsection (1) or (2) above shall be exercisable except--

(a) through the discharge of that function by a committee (known as the Joint Committee) of all the Authorities (both the Councils and the Commissions, including the Countryside Commission for Scotland) consisting of the Chairmen of each Authority, and an independent Chairman and three independent members appointed by the Secretary of State ; or

(b) in pursuance of a direction of the Secretary of State given to one of the Authorities requiring that Authority to exercise that function ;

(4) The Chairman of the Northern Ireland Environment Department Countryside and Wildlife Advisory Committee shall be a non-voting member of the Joint Committee.

(5) The expenses of the Joint Committee shall be defrayed by all the Authorities (including the Countryside Commission for Scotland) in such proportions as the Authorities may agree or in default of agreement in such proportions as the Secretary of State may determine.'.

New clause 49-- Power to make grants or loans --

( ).--(1) The Authorities may each, with the consent of or in accordance with a general authorisation given by the Secretary of State, give financial assistance by way of a grant or loan (or partly in one way and partly in the other) to any person in respect of expenditure incurred or to be incurred by him in doing anything which--

(a) in the opinion of the Councils is conducive to or fosters the understanding of nature conservation ;

(b) in the opinion of the Commissions is conducive to or fosters the understanding of landscape conservation or informal countryside recreation.

(2) No consent or general authorisation shall be given by the Secretary of State under subsection (1) above without the approval of the Treasury.

(3) On making a grant or loan an Authority may impose such conditions as they think fit, including (in the case of a grant) conditions for repayment in specified circumstances.

(4) The Authorities shall exercise their powers under subsection (3) above so as to ensure that any person receiving a grant or loan under this section in respect of premises to which the public are to be admitted (on payment or otherwise) shall, in the means of access both to and within the premises, and in the parking facilities and sanitary conveniences to be available (if any), make provision, so far as it is in the circumstances both practicable and reasonable, for the needs of members of the public visiting the premises who are disabled.'

New clause 50-- Transfer of property, rights and liabilities to new councils --

( ).--(1) The Nature Conservancy Council shall make one or more schemes ("transfer schemes") for the division of all their property, rights and liabilities (other than rights and liabilities under contracts of employment for their staff) between the Councils. (2) On the date appointed by a transfer scheme, the property, rights and liabilities of the Nature Conservancy Council which are the subject of the scheme shall, by virtue of this subsection, become property, rights and liabilities of the Councils to which they are allocated by the scheme.

(3) Part I of Schedule 7 to this Act shall have effect in relation to transfer schemes under this section.'.

New clause 51-- Transfer of property, rights and liabilities to new commissions --

( ).--(1) The Countryside Commission shall make one or more schemes ("transfer schemes") for the division of all their

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property, rights and liabilities (other rights and liabilities under the contracts of employment of their staff) between the Commissions (as defined in section 98(1) above.

(2) On the date appointed by a transfer scheme, the property, rights and liabilities of the Contryside Commission which are the subject of the scheme shall, by virtue of this subsection, become property, rights and liabilities of the Commissions to which they are allocated by the scheme).

(3) Part II of Schedule 8 to this Act shall have effect in relation to transfer schemes under this section.'.

New clause 52-- Employment by new Authorities of staff of existing bodies--

( ).--(1) Any person who immediately before the date appointed under section 108(3) above is employed by the Nature Conservancy Council shall be entitled to receive an offer of employment from one of the Council (to be determined in accordance with proposals made by the Nature Conservancy Council).

(2) Any person who immediately before the date appointed under section 106(3) above is employed by the Countryside Commission shall be entitled to receive an offer of employment from one of the Commissions (to be determined in accordance with proposals made by the Countryside Commissions).

(3) Part III of Schedule 7 of this Act shall have effect with respect to the making of offers under subsection (1) and (2) above.' New clause 53-- Dissolution of Nature Conservancy Council-- ( ).--(1) On the date appointed under section ( ) above the chairman and other members of the Nature Conservancy Council shall cease to hold office and after that date--

(a) the Council shall consist only of a chairman appointed by the Secretary of State and such one or more other persons as may be so appointed ; and

(b) the Council shall have only the following functions, namely-- (i) anything which falls to be done by the Council under any transfer scheme under section ( ) above ;

(ii) the preparation of such accounts and reports as the Secretary of State may direct ;

and such other functions as are necessary for winding their affairs.

(2) The Secretary of State may by order, after consultation with the Nature Conservancy Council and the Councils, dissolve the Nature Conservancy Council on a day specified in the order as soon as he is satisfied that nothing remains to be done by that Council. (3) The Secretary of State may pay to persons who cease to hold office by virtue of subsection (1) above such sums by way of compensation for loss of office, loss or diminution of pension rights, as the Secretary of State may, with the approval of the Treasury, determine.'

New clause 54-- Dissolution of CountrysideCommission--

( ).--(1) On the date appointed under section ( ) above the chairman and other members of the Countryside Commission shall cease to hold office and after that date--

(a) the Commission shall consist only of a chairman appointed by the Secretary of State and such one or more other persons as may be so appointed ; and

(b) the Commission shall have only the following functions, namely--

(i) anything which falls to be done by the Commission under any transfer scheme under section ( ) above ;

(ii) the preparation of such accounts and reports as the Secretary of State may direct ;

and such other functions as are necessary for winding their affairs.

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(2) The Secretary of State may by order, after consultation with the Countryside Commission and the Commissions, dissolve the Countryside Commission on a day specified in the order as soon as he is satisfied that nothing remains to be done by that Commission. (3) The Secretary of State may pay to persons who cease to hold office by virtue of subsection (1) above such sums by way of compensation for loss of office, loss or diminution of pension rights, as the Secretary of State may, with the approval of the Treasury, determine.'.

Amendment No. 137, in clause 109, page 110, line 32, at end insert and

(f) the development with relevant local authorities of opportunities for public access to the countryside for the purposes of recreation and education, and of joint cooperation for the conservation and enhancement of the countryside, wildlife, and flora and fauna.'.

No. 150, in page 111, line 21, after of', insert

a chairman (not being the chairman or a member of the Councils) appointed by the Secretary of State together with'.

No. 107, in line 23, after non-voting members' insert

including two representing nature conservation interests in Northern Ireland'.

No. 108, in line 26, at end insert--

( ) Without prejudice to subsection (2) above the joint committee shall have the following functions, namely-

(a) the provision of advice for or making of recommendations to the Secretary of State for the purposes of adding any bird to, or removing any bird form, any of or any part of Schedules 1 to 4 to the Wildlife and Countryside Act 1981 ;

(b) the provision of advice for or making of recommendations to the Secretary of State for the purposes of adding to Schedule 5 or Schedule 8 to the Wildlife and Countryside Act 1981 any animal or plant which is in danger of extinction in Great Britain or is likely to become so endangered unless conservation measures are taken, or for the purposes of removing from Schedule 5 and Schedule 8 to the said Act of 1981 any animal or plant which is no longer endangered or likely to become so endangered ;

(c) the provision of advice for the Secretary of State for the purposes of identifying any rare or vulnerable habitats in Great Britain and for indicating gains or losses of any such habitats ; (d) the provision of advice for or making recommendations to the Secretary of State for the purposes of designating any area of land or sea in order to comply with an international obligation ; and (e) the making of an annual report to the Secretary of State as soon as possible after 31st March 1992 and every 12 months thereafter on the exercise of the functions contained in this section which shall include any advice so given.'.

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