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

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Mr David Heath


Line     949,     at end insert—

      '( ) after the definition of "navigation authority" there is inserted—

          "nursery school or pre-school playgroups" means an institution providing education and care of children of an age below statutory school age and registered as providing such services with the relevant authority.'.


Mr David Heath


Line     952,     at end insert 'and, in relation to a nursery school or pre-school playgroup, means the person or body of persons responsible for the management of the nursery school or pre-school playgroup.'.


Mr Gordon Prentice
Mr David Lepper
Mr Huw Edwards
Mrs Helen Brinton
Mr David Kidney
Chris McCafferty


To move the following Schedule:—


Areas of Outstanding Natural Beauty

Purpose of aonbs

    1.—(1) Section 87 of the National Parks and Access to the Countryside Act 1949 ("the 1949 Act") is amended as follows.

    (2) At the beginning there is inserted—

    "( ) This section and sections 87A to 88D have effect for the purpose of conserving and enhancing the natural beauty of the areas specified in subsection (1).".

Requirement for relevant authorities to have regard for aonbs

    2. After section 87 of the 1949 Act there is inserted—

            "87A.—(1) In exercising or performing any functions in relation to, or so as to affect, land in an aonb, any relevant authority shall have regard to the need to conserve and enhance the natural beauty of that area.

            (2) For the purpose of this section 'relevant authority' means—

            (a) any Minister of the Crown,

            (b) any public body,

            (c) any statutory undertaker, or

            (d) any person holding public office.

            (3) In subsection (2)—

            'public body' includes—

            (a) any local authority as defined in section 11A(6),

            (b) any joint planning board within the meaning of section 2 of the Town and Country Planning Act 1990, and

            (c) any joint committee appointed under section 102(1)(b) of the Local Government Act 1972; and

            'public office' has the meaning given in section 11A(4).".

Duty of local planning authority in relation to aonbs

    3. After section 88 of the 1949 Act there is inserted—

Conservation boards for aonbs

    4. After section 88A of the 1949 Act there is inserted—

AONB management plans

    5. After section 88B of the 1949 Act there is inserted—

Conservation board finances

    6. After section 88C of the 1949 Act there is inserted—

Powers of conservation boards in relation to land etc.

    7. After Schedule 2 to the 1949 Act there is inserted—


Powers of Conservation Boards in Relation to Land Etc.

    1.—(1) Subject to sub-paragraph (2) below, the following provisions, that is to say—

    shall have effect as if, for the purposes of those provisions, a conservation board were a principal council and the relevant aonb were the board's area.

    (2) Section 16 of the Local Government (Miscellaneous Provisions) Act 1976 (obtaining information about land) shall apply in relation to a conservation board as if the board were a local authority for the purposes of that Act.

    (3) Section 33 of the Local Government (Miscellaneous Provisions) Act 1982 (enforceability by local authorities of certain covenants relating to land) shall have effect as if references to a principal council included references to a conservation board and as if the relevant aonb were that board's area; and for the purposes of this paragraph the reference in subsection (1) of that section to section 111 of the 1972 Act shall have effect as a reference to section 88B of this Act.

    (4) This paragraph shall be without prejudice to any power conferred on a conservation board by virtue of paragraph 2 below.

    2.—(1) 244A of the Town and Country Planning Act 1990 ("the 1990 Act") (powers of joint planning boards) there shall be inserted the following section—

Amendments to the Town and Country Planning Act 1990

    8. After section 52 of the Town and Country Planning Act 1990 ("the 1990 Act") there is inserted—

    9. After section 71 of the 1990 Act there is inserted—

    10. In section 77 of the 1990 Act—

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