Vote Bundle Text (900509-05)

Amendments proposed to the Countryside and Rights of Way Bill - continued	House of Commons

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Mr James Paice
Mr Damian Green
Mr Geoffrey Clifton-Brown

541

Schedule 7, page 56, line 13, leave out from 'bridleway' to 'for' in line 14.

Mr James Paice
Mr Damian Green
Mr Geoffrey Clifton-Brown

571

Schedule 7, page 56, line 16, leave out from 'crime' to ', that' in line 17.

Mr James Paice
Mr Damian Green
Mr Geoffrey Clifton-Brown

542

Schedule 7, page 56, line 20, leave out 'or bridleway' and insert', bridleway, restricted byway or byway open to all traffic'.

Mr James Paice
Mr Damian Green
Mr Geoffrey Clifton-Brown

543

Schedule 7, page 57, line 54, leave out 'or bridleway' and insert ', bridleway, restricted byway or byway open to all traffic'.

Mr James Paice
Mr Damian Green
Mr Geoffrey Clifton-Brown

544

Schedule 7, page 58, line 7, leave out 'or bridleway' and insert ', bridleway, restricted byway or byway open to all traffic'.

Mr James Paice
Mr Damian Green
Mr Geoffrey Clifton-Brown

545

Schedule 7, page 58, leave out lines 13 and 14.

Mr James Paice
Mr Damian Green
Mr Geoffrey Clifton-Brown

546

Schedule 7, page 58, line 14, leave out '118B(6)' and insert '118B(8)'.

Mrs Helen Brinton

423

Schedule 9, page 66, line 15, at end insert 'formulating or considering any plans or projects and in'.

Mrs Helen Brinton

422

Schedule 9, page 66, line 22, at end insert—

'(2A) Subsection (1) applies even if the formulation or consideration of plans or projects or the exercise of its functions would not take place on land forming part of a site of special scientific interest but affects such land.'.

Mrs Helen Brinton

424

Schedule 9, page 66, line 22, at end insert—

'(2A) If in exercising or performing any of its functions it appears that there is a conflict between the duty set out in subsection (1) and any duty conferred by another Act, except in cases of human health and safety, a section 28E authority shall give greater weight to the duty set out in subsection (1).'.

Mrs Helen Brinton

425

Schedule 9, page 66, line 22, at end insert—

'(2B) Any power of a section 28E authority conferred by any Act may be exercised in pursuance of subsection 28E(1).

(2C) Powers conferred by subsection (2B) shall be exercised—

(a) in the case of England, only after consultation with the Nature Conservancy Council for England;

(b) in the case of Wales, only after consultation with the Countryside Council for Wales.'.

Mrs Helen Brinton

413

Schedule 9, page 66, line 39, after 'out', insert 'or causing or permitting to be carried out'.

Mr David Heath

485

Schedule 9, page 66, line 40, leave out 'operations likely to' and insert 'any operation specified in the notification or which may'.

Mrs Helen Brinton

414

Schedule 9, page 67, line 2, after 'out', insert 'or cause or permit to be carried out'.

Mrs Helen Brinton

415

Schedule 9, page 67, line 4, after 'out', insert 'or cause or permit to be carried out'.

Mrs Helen Brinton

416

Schedule 9, page 67, line 7, after 'out', insert 'or causing or permitting them to be carried out'.

Mrs Helen Brinton

419

Schedule 9, page 67, line 15, leave out '(if at all)'.

Mrs Helen Brinton

420

Schedule 9, page 67, line 16, after 'Council', insert '(including what less damaging alternatives have been considered and the reasons why the importance of the operation overrides the special interest of that part of the site affected)'.

Mrs Helen Brinton

417

Schedule 9, page 67, line 19, after 'out', insert 'or cause or permit to be carried out'.

Mrs Helen Brinton

421

Schedule 9, page 67, line 24, at end insert—

'(7) Where the Council does not assent to the proposed operation or assents to the proposed operation but with conditions, any dispute between the Council and a statutory undertaker shall be determined by a person appointed for the purpose—

(a) by agreement between the Council and the section 28E authority; or

(b) failing such an agreement, by the Secretary of State, and on any such reference the person so appointed may confirm the decision of the Council or give the section 28E authority such directions as he think appropriate.'.

Mrs Helen Brinton

418

Schedule 9, page 67, line 25, leave out from beginning to end of line 3 on page 68.

Mr David Heath

486

Schedule 9, page 68, line 12, at end insert—

'( ) enhancing them; or'.

Mr David Heath

487

Schedule 9, page 68, line 13, leave out 'both' and insert 'all of these'.

Mr David Heath

488

Schedule 9, page 69, line 25, after 'conserved', insert ', enhanced'.

Mr David Heath

489

Schedule 9, page 72, line 3, after 'interest', insert 'or land which in the opinion of the Council would be desirable for the purpose of securing the special interest of a site of special scientific interest, conserving species listed in Schedules 1, 5 or 8 to the Wildlife and Countryside Act 1981, or conserving species and habitats which in the opinion of the Secretary of State are priorities for action under the Convention on Biological Diversity'.

Mr David Heath

490

Schedule 9, page 73, line 3, leave out 'or damages' and insert ', damages or disturbs'.

Mr David Heath

491

Schedule 9, page 73, line 5, after 'interest', insert 'or the habitats or species upon which the notified interest depends'.

Mr David Lepper
Mr Gordon Prentice

467

Schedule 9, page 73, line 5, leave out from 'interest' to end of line 7.

Mr David Lepper
Mr Gordon Prentice

465

Schedule 9, page 73, line 23, leave out paragraph 2 and insert—

'2.—(1) Section 29 of the 1981 Act (special protection for certain areas of special scientific interest) shall be amended as follows.

(2) In the title, the words "of special scientific interest" are omitted.

(3) In subsection (1)(a) for the words "securing the survival in Great Britain of any kind of animal or plant or of complying with an international obligation" there is substituted "conserving species listed in Schedules 1, 5 or 8 of the Wildlife and Countryside Act 1981, and species and habitats which in the opinion of the Secretary of State are priorities for action under the Convention on Biological Diversity".

(4) In subsection (1)(b), after "features", there is inserted "notified as being of special interest".

(5) In subsection (3), the words "Subject to subsection (4)," are omitted.

(6) Subsections (2), (4), (5), (6), (7) and (10) are omitted.

(7) After subsection (11) there is inserted—

Mr David Lepper
Mr Gordon Prentice

466

Schedule 9, page 73, line 34, after '28M(5)', insert 'or 29'.

Ms Candy Atherton

472

Schedule 11, page 76, line 18, leave out '1(5) and 9(4)'.

Ms Candy Atherton

473

Schedule 11, page 76, line 19, leave out from 'intentional' to 'after' and insert 'killing, taking and disturbance etc. of wild birds and other animals and uprooting or destruction of wild plants etc.)'.

Mr Michael Meacher

510

Schedule 11, page 76, line 20, at end insert—

'. In section 3 of that Act (areas of special protection) in subsection (1)(c) for "the offender shall be liable to a special penalty" there is substituted "the offence shall be treated as falling within section 7(3A)".'.

Mr Michael Meacher

511

Schedule 11, page 76, line 22, at end insert—

'.—(1) In section 7 of that Act (registration etc. of certain captive birds), in subsection (3)(a), for "for which a special penalty is provided" there is substituted "which falls within subsection (3A)".

(2) After subsection (3) of that section there is inserted—

(a) any offence under section 1(1) or (2) in respect of—

(i) a bird included in Schedule 1 or any part of, or anything derived from, such a bird,

(ii) the nest of such a bird, or

(iii) an egg of such a bird or any part of such an egg;

(b) any offence under section 1(5) or 5;

(i) a bird included in Schedule 1 or any part of, or anything derived from, such a bird, or

(ii) an egg of such a bird or any part of such an egg;

(d) any offence under section 8."'.