Protection of certain wildlife from hunting with dogs
Mr Gordon Prentice
Chris McCafferty
Mr Brian Sedgemore
Dr Ian Gibson
Mr Bill Michie
Mr Ken Purchase
| Barbara Follett | Lynne Jones | Ms Diane Abbott |
| Eileen Gordon | Mr Neil Gerrard | Mr Marsha Singh |
| Mr Dennis Skinner | Mr John Cryer | Mr Michael Connarty |
| Mr Tony Benn | Mr Ronnie Campbell | Mr Ian Davidson |
| Mr Jon Owen Jones | Mr Martin Salter | Claire Ward |
| Mr Jonathan R. Shaw | Mr David Chaytor | Mr Llew Smith |
| Dr Phyllis Starkey | Mr Ian Cawsey | Dr Doug Naysmith |
| Mr Gwyn Prosser | Mr Nigel Griffiths | Mr Hilton Dawson |
| Jenny Jones | Mr Mike Wood | Mr Tony Banks |
| Ms Fiona Jones | Mr Lawrence Cunliffe | Derek Wyatt |
Mr Harry Cohen
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NC21
To move the following Clause:—
'.Schedule (Wild mammals: hunting with dogs) (which creates offences in relation to the use of dogs to hunt wild mammals and makes related provision, including consequential amendments of enactments) has effect.'.
Landscape features
Mr Damian Green
Mr James Paice
Mr Geoffrey Clifton-Brown
NC22
To move the following Clause:—
'. The appropriate Ministers shall by regulations make provision for the protection of important landscape features, including stone walls, ditches, dykes and ponds, in England and Wales within two years of this Act coming into force.'.
Hedgerows
Mr Damian Green
Mr James Paice
Mr Geoffrey Clifton-Brown
NC23
To move the following Clause:—
'.—(1) Section 97 of the Environment Act 1995 is amended as follows.
(2) After subsection (2) there is inserted—
"(2A) Where a hedgerow is not determined as 'important' under the prescribed criteria, local authorities shall have the power to determine the hedgerow as 'important' where it is considered to be significant locally."
(3) In subsection (8) after "stretch of hedgerow" there is inserted "and also includes all features which are known locally as hedges (for example Cornish hedge-banks and Welsh cloddiau) as well as any bank or wall on which the hedge is growing, and any trees which may be growing within it".'.
Destruction or stopping up of means of access
Chris McCafferty
NC24
To move the following Clause:—
'.—(1) If any person without reasonable excuse destroys, stops up or otherwise renders unusable any means of access on to any access land or part of such land, he is liable on summary conviction to a fine not exceeding level 1 on the standard scale.
(2) The court before whom a person is convicted of an offence under subsection (1) may, in addition to or in substitution for the imposition of a fine, order him to restore to a usable state the means of access in respect of which he is convicted within such period, not being less than four days, as may be specified in the order.
(3) A person who fails to comply with an order under subsection (2) is guilty of a further offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(4) It shall be a reasonable excuse within the meaning of subsection (1) if it can be shown that—
(a) there exists another means of access onto the land in question which can be reached by walking no more than one kilometre from the means of access which has been destroyed, stopped up or otherwise rendered unusable; and
(b) reasonable steps have been taken to inform the public about the existence and location of such other means of access.'.
Principal aim of the Nature Conservancy Council
Mr Elfyn Llwyd
NC25
To move the following Clause:—
'.It shall be the principal aim of the Nature Conservancy Council in discharging its functions of protecting and enhancing biodiversity and physiographic features to also make such contribution to sustainable development as is required by guidance issued by Ministers from time to time.'.
Definition of legally relevant objection
Mr David Heath
NC26
To move the following Clause:—
'.In the 1981 Act, in paragraph 13(2) of Schedule 15, after the definition of "council offices" there is inserted—
"'duly made' means an objection or a representation which is—
(a) made within the time and in the manner prescribed in the notice that was published by the authority on making the order in accordance with paragraph 3 of this Schedule; and
(b) which states the grounds on which it is made, being a matter which is capable of affecting the decision whether or not to confirm the order.".'.
Removal or alteration of stiles, etc. to facilitate use by persons with mobility problems
Mr David Heath
NC27
To move the following Clause:—
'. After section 146 of the 1980 Act there is inserted—
| "Power to require the removal, replacement or alteration of stiles etc. | 146A.—(1) Subject to subsection (2) below, an appropriate authority may, by a direction given to the owner of the land, require the owner to—
(a) take such steps as the authority may specify to remove, alter or replace any stile or gate across a public right of way so as to be safe and convenient to use by persons with mobility problems or who are disabled; or
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(b) otherwise to permit the appropriate authority to carry out the works so specified.
(2) Without prejudice to the general provisions of this section a direction given in accordance with subsection (1) above shall—
(a) identify by means of a plan drawn to a scale of not less than 1:10,000 and which shall form part of the direction every stile and gate to which the direction relates and the line of the public right of way over which it is placed;
(b) describe the works to be carried out in respect of each stile or gate (if the structure is not otherwise removed) in order to comply with the direction;
(c) specify the amount which the appropriate authority will pay to the land owner in respect of each stile or gate so identified;
(i) as compensation if the owner elects permanently to remove the structure; and
(ii) in respect of the works carried out by him if he elects instead to alter or replace the structure so as to comply with the direction;
(d) give a date by which the requirements of the direction shall be complied with by the owner of the land, being not less than 12 months from the date on which the direction was made.
(3) On the expiration of the period specified in accordance with subsection (2)(d) above or such shorter period as may be agreed with the owner of the land in writing, the appropriate authority shall, if the direction has not been complied with to the authority's satisfaction, have power to carry out such works as the authority considers to be reasonably necessary in order to do so.
(4) The appropriate authority's power to give effect to the provision of subsections (2) and (3) above, include—
(a) in relation to subsections (2)(c)(i) and (ii), to make such payments as the authority considers are appropriate; and
(b) in relation to subsection (3) above;
(i) to alter, remove or replace so much of any existing structure and the adjoining hedge, fence, wall or other barrier as the authority considers to be necessary; and,
(ii) on giving the owner not less than 14 days notice of their intention to do so, to enter onto any land the authority reasonably believes to be in the same ownership for any purpose connected with the carrying out of the work, and to take onto that land such vehicles, machinery other equipment as may be requisite;
providing that nothing in this provision shall entitle the appropriate authority to remove and not replace any stile or gate other than with the landowner's consent, or to alter or replace any stile or gate or any part of a wall, fence or hedge in such a way that it becomes no longer fit for the purpose of preventing the ingress or egress of animals.
(5) Any stile or gate which has been altered or replaced in compliance with a direction given under this section (whether by the owner of the land or by the appropriate authority) shall thereafter be maintained by the owner of the land so as to be safe and convenient to use by persons with restricted mobility or who are disabled; and section 146 above and section 147(3) below of this Act shall be construed accordingly, save for the substitution of the words 'a half' for the words 'a quarter' where they appear in section 146(4).
(6) Any stile or gate which has been removed in accordance with a direction made under this section and in respect of which compensation has been paid shall not be replaced unless duly authorised by a competent authority under the provisions of section 147 below.
(7) Nothing in the provisions of this section shall—
(a) affect the appropriate authority's powers to secure the removal of, or entitle any person to receive compensation or payment in respect of, any structure to which the provisions of section 143 of this Act apply or which is otherwise an unlawful obstruction of the highway; or,
(b) require the appropriate authority to make payment other than where the authority are satisfied that the requirements of the direction given to the owner of the land have been complied with and that the work has been carried out by him and is to a sufficient standard.
(8) For the purpose of this section and sections 146B and 146C below—
'appropriate authority' has the meaning given to it by section 146 above; and
'stile or gate' include reference to any similar structure placed across a public right of way, whether or not the purpose of that structure is to prevent the ingress and egress of animals.
| Supplemental provisions as to the making of a direction under s.146A. | 146B.—(1) Before making a direction under the provisions of section 146A above the appropriate authority shall—
(a) give notice of their intention to do so in such form as the Secretary of State may prescribe and which—
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(i) states the reasons for proposing to make the direction and the provisions that it will contain;
(ii) names a place in the area where a copy of the draft direction and the map referred to therein may be inspected free of charge and copies thereof may be obtained at reasonable charge at all reasonable hours; and
(iii) specifies the period (not being less than 28 days from the date of the first publication of the notice) during which, and the manner and address to which, objections or representation to the making or the direction may be made to the authority,
(b) consider any objections or representations duly made in accordance with that notice; and
(c) have regard to such guidance as may from time to time be given by the Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales) regarding the exercise of their powers under section 146A above.
(2) Notice to be given in accordance with subsection (1)(a) above shall be served by the appropriate authority—
(a) on the owner, occupier and lessee (except tenants for a month or any period less than a month and statutory tenants within the meaning of the Rent (Agriculture) Act 1976 or the Rent Act 1977 and licences under an assured agricultural occupancy within the meaning of Part 1 of the Housing Act 1988) of any of the land on which every stile or gate to which the proposed direction relates is situated;
(b) on every council, the council of every parish or community, and the parish meeting of every parish not having a separate parish council, being a council, parish or community whose area includes any of that land;
(c) on any organisations representing persons who use the public rights of way on which every stile or gate to which the proposed direction relates is situated, or who may wish to use those ways, including organisations representing persons with restricted mobility or who are disabled;
(d) where the proposed direction will affect a public right of way that is part of any long-distance route, on the Countryside Agency or Countryside Council for Wales (as appropriate), and
(e) on such other persons as the appropriate authority considers should be notified or whom the Secretary of State or the National Assembly for Wales may direct should be notified,
and shall also be displayed at such other places in the locality as the authority considers appropriate.
(3) Except as provided for by subsection (4) below, a notice served under subsection (2)(a) on the owner, lessee or occupier of the land shall be accompanied by a copy of the draft direction and the map referred to therein.
(4) Without prejudice to section 322 (service of notice, etc) of this Act, if after reasonable enquiry the appropriate authority are satisfied that it is not practical to ascertain the name and address of the owner, lessee or occupier of the land, notice under subsection (2)(a) may be given by addressing it to 'The Owner' or 'The Occupier' of the land, (describing it) and affixing a copy of the notice—
(a) to every stile or gate to which the proposed direction relates or otherwise to some conspicuous object in the immediate vicinity of every stile or gate; and
(b) at such other points on the land as the authority considers appropriate.
| Savings for the Disability Discrimination Act 1995. | 146C.—Nothing in the provisions of sections 146A or 146B above shall be taken as affecting the rights of disabled persons, or any obligation or duty on either the owner, lessee or occupier of any land or on an appropriate authority which arise under the provisions of the Disability Discrmination Act 1995.".'. |
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