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

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Mr Secretary Prescott

300

*Page     29,     line     36     [Clause     52],     at end insert—

    '( ) Regulations under subsection (1)(ea) shall be made by statutory instrument, and a statutory instrument containing such regulations made by the Secretary of State shall be subject to annulment in pursuance of a resolution of either House of Parliament.'.

   

Mr Secretary Prescott

301

*Page     29,     line     39     [Clause     52],     leave out from '1988' to end of line 42.


   

Mr Andrew F. Bennett
Dr David Clark

69

Page     30,     line     27     [Clause     54],     leave out 'or 154' and insert ', 154, 164 or Schedule 12A'.

   

Mr Andrew F. Bennett
Dr David Clark

70

Page     30,     line     34     [Clause     54],     leave out from 'of' to end of line 39 and insert 'a permanent building which is in use as a dwelling,'.


   

Mr Secretary Prescott

225

Page     31     [Clause     54],     leave out lines 19 to 21.

   

Mr Secretary Prescott

226

Page     31     [Clause     54],     leave out lines 25 and 26.


   

Mr Andrew F. Bennett
Dr David Clark

71

Page     33,     line     15     [Clause     55],     at end insert—

    '(5) It shall be the duty of the local highway authority to monitor from time to time the compliance with any order made under subsection (1) above, and to bring proceedings under subsection (4) if the obstruction is not removed within the time specified in the order.'.

   

Mr Secretary Prescott

194

Page     33,     line     27     [Clause     56],     leave out from '(viii)' to end of line 30 and insert 'a site of special scientific interest (within the meaning of the Wildlife and Countryside Act 1981)'.


   

Mr Secretary Prescott

274

Page     35,     line     11     [Clause     60],     at end insert—

    '(3) After section 15 of the Countryside Act 1968 there is inserted—

"Compulsory purchase.15A.—(1) The Nature Conservancy Council may in circumstances set out in subsection (2) acquire compulsorily all or any part of the land referred to in section 15(2).

    (2) The circumstances are—

      (a) that the Nature Conservancy Council are satisfied that they are unable to conclude, on reasonable terms, such an agreement as is referred to in section 15(2), or

      (b) that they have entered into such an agreement, but they are satisfied it has been breached in such a way that the flora, fauna or geological or physiographical features referred to there are not being conserved satisfactorily.

    (3) A dispute about whether or not there has been a breach of the agreement for the purposes of subsection (2)(b) shall be determined by an arbitrator appointed by the Lord Chancellor.

    (4) Where the Nature Conservancy Council have acquired land compulsorily under this section, they may—

      (a) themselves take steps to conserve the flora, fauna or geological or physiographical features in question, or

      (b) dispose of the land on terms designed to secure that those flora, fauna or features are satisfactorily conserved.

    (5) In this section, "Nature Conservancy Council" means the Nature Conservancy Council for England as respects land in England, and the Council as respects land in Wales."'.

   

Mr Secretary Prescott

275

Page     35,     line     28     [Clause     62],     at end insert—

    '(1A) Subject to subsection (1B), upon receipt of a notification under subsection (1), each Council notified shall, in turn, notify—

      (a) the local planning authority in whose area the wetland is situated;

      (b) every owner and occupier of any of that wetland;

      (c) the Environment Agency; and

      (d) every relevant undertaker (within the meaning of section 4(1) of the Water Industry Act 1991) and every internal drainage board (within the meaning of section 61C(1) of the Land Drainage Act 1991) whose works, operations or activities may affect the wetland.

    (1B) The Nature Conservancy Council for England and the Countryside Council for Wales may agree that in a case where the Secretary of State notifies both of them under subsection (1)(c), any notice under subsection (1A) is to be sent by one or the other of them (and not both), so as to avoid duplicate notices under that subsection.'.

   

Mr Secretary Prescott

276

Page     35,     line     40     [Clause     62],     leave out 'this Act' and insert 'the Countryside and Rights of Way Act 2000'.


   

Mr Secretary Prescott

277

Page     36,     line     44     [Clause     64],     after '(1A)' insert 'The power conferred by subsection (1) to enter land for any purpose includes power to enter for the same purpose any land other than that referred to in subsection (1).

    (1B)'.


   

Mr Secretary Prescott

278

Page     37,     line     8     [Clause     64],     leave out subsection (5) and insert—

    '(5) For subsection (3)(b) there is substituted—

            "(b) the purpose of the entry is to ascertain if an offence under section 28M, 34 or 42 is being, or has been, committed on or (as the case may be) in relation to that land."'.

   

Mr Secretary Prescott

279

Page     37,     line     18     [Clause     64],     at end insert—

    '(3B) If in the exercise of a power conferred by subsection (1) a person enters land which is unoccupied or from which the occupier is temporarily absent, he must on his departure leave it as effectively secured against unauthorised entry as he found it.'.

   

Mr Secretary Prescott

280

Page     37,     line     18     [Clause     64],     at end insert—

    '( ) After subsection (4) there is inserted—

            "(5) It is the duty of a relevant authority to compensate any person who has sustained damage as a result of—

            (a) the exercise of a power conferred by subsection (1) by a person authorised to do so by that relevant authority, or

            (b) the failure of a person so authorised to perform the duty imposed on him by subsection (3B),

            except where the damage is attributable to the fault of the person who sustained it; and any dispute as to a person's entitlement to compensation under this subsection or as to its amount shall be referred to an arbitrator to be appointed, in default of agreement, by the Secretary of State."'.


   

Mr Gordon Prentice
Chris McCafferty
Mr Brian Sedgemore
Dr Ian Gibson
Mr Bill Michie
Mr Ken Purchase

26

Page     38,     line     37     [Clause     71],     at end insert—

    'section (Protection of certain wildlife from hunting with dogs)'.


NEW SCHEDULE

   

Mr Gordon Prentice
Chris McCafferty
Mr Brian Sedgemore
Dr Ian Gibson
Mr Bill Michie
Mr Ken Purchase

NS1

To move the following Schedule:—

'SCHEDULE

Wild mammals: hunting with dogs

PART I

PROHIBITION OF HUNTING, ETC.

Offences

    1.—(1) A person commits an offence if he intentionally hunts a wild mammal with a dog.

    (2) An owner or occupier of land commits an offence if he knowingly permits another person to enter or use that land to hunt in contravention of sub-paragraph (1).

    (3) The owner or keeper of a dog commits an offence if he knowingly permits another person to use the dog to hunt in contravention of sub-paragraph (1).

    (4) It is an offence to own or keep two or more dogs with the intention of their being used to hunt in contravention of sub-paragraph (1).

    (5) In this Schedule—

      "occupier" includes any person who has control of land;

      "owner", in relation to land, means any person who has an interest in land, including a licensee or agent of such a person, but does not include a mortgagee not in possession;

      "wild mammal" includes a wild mammal which has escaped, or been released, from captivity, and any mammal which is living wild;

    and a reference to hunting a wild mammal includes a reference to searching for or coursing a wild mammal.

Exceptions

    2.—(1) A person does not commit an offence under paragraph 1(1) if he hunts rabbits or rodents—

      (a) on land which that person owns or occupies, or

      (b) partly on that land and partly on neighbouring land, or

      (c) at the request of the owner or occupier of the land where the hunting takes place.

    (2) A person does not commit an offence under paragraph 1(1) if he uses a dog to retrieve a rabbit or hare which has been shot.

    (3) A person does not commit an offence under paragraph 1(1) if he uses a dog to hunt an animal which has escaped from captivity.

    (4) Sub-paragraph (3)—

      (a) applies to a person only if he takes reasonable steps to ensure that the animal is recaptured or shot once it has been located;

      (b) does not apply to the hunting of foxes or hares;

      (c) does not apply to the hunting of any deer, boar or mink, unless it has escaped from a zoo or farm.

    (5) A person does not commit an offence under paragraph 1(1) if he uses a dog to stalk a wild mammal, or to flush it from cover, for the purpose—

      (a) of obtaining food for human consumption,

      (b) of controlling the number of a particular species in a particular area in order to safeguard the welfare of that species in that area, or

      (c) of protecting sheep or other livestock, fowl or game birds from attack by wild mammals.

    (6) Sub-paragraph (5) applies to a person only if he takes reasonable steps to ensure that the wild mammal is shot as soon as possible after it is located or emerges from cover.

    (7) In this paragraph "cover" does not include cover below ground level.

Enforcement and penalties

    3.—(1) If a constable suspects with reasonable cause that a person is about to commit, is committing or has committed an offence under paragraph 1, he may arrest that person without warrant.

    (2) Subsections (1) and (2) of section 19 of the 1981 Act (powers of investigation, etc., and entry to land) apply in relation to an offence under paragraph 1 of this Schedule as they apply in relation to an offence under Part I of that Act; and for that purpose paragraph (d) of section 19(2) is to be read as if the reference to section 21 of that Act were a reference to sub-paragraph (4) of this paragraph.

    (3) A person guilty of an offence under paragraph 1 is liable on summary conviction to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale or both.

    (4) The court by which any person is convicted of an offence under paragraph 1 may order the forfeiture of any vehicle, animal, weapon or other thing which was used to commit the offence.

PART II

CONSEQUENTIAL AMENDMENTS

The Game Act 1831 (c. 32)

    4. In section 35 of the Game Act 1831 (provisions as to trespassers not to apply to persons hunting, etc), omit the words "to any person hunting or coursing upon any lands with hounds or greyhounds, and being in fresh pursuit of any deer, hare or fox already started upon any other land, nor".

The Game Licences Act 1860 (c. 90)

    5. In section 5 of the Game Licences Act 1860 (exceptions), omit exceptions 3 and 4 (so far as extending to England and Wales).

The Protection of Badgers Act 1992 (c. 51)

    6. In section 8 of the Protection of Badgers Act 1993 (interfering with badger setts, exceptions), subsections (4) to (9) (so far as extending to England and Wales) cease to have effect.'.

 
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