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| Tuesday 25th January 2005 |
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| | The Amendments have been arranged in accordance with the Order of the |
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| | Committee [18th January]. |
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| Clause 43, page 37, line 35, at end insert ‘and its legal disposal’. |
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| Clause 43, page 38, line 20, at end insert— |
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| | ‘(4) | The Secretary of State shall make regulations such that where an offence has been |
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| | committed under section 33 of that Act and no order is made to provide |
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| | compensation for clean up costs incurred following that offence, the landowner |
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| | shall not be liable for the clean up costs provided that he took reasonable steps to |
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| Clause 45, page 40, line 31, leave out ‘£300’ and insert ‘£750’. |
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| Page 43, line 31, leave out Clause 47. |
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| Clause 48, page 44, leave out lines 42 to 45. |
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| Clause 48, page 44, leave out lines 46 to 48. |
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| Clause 49, page 46, line 26, at end insert— |
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| | ‘(13) | In this section “re-using waste” means any operation by which end-of-life |
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| | products and equipment or its components are used for the same purpose for |
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| | which they were conceived for a period of longer than 12 months.’. |
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| Clause 52, page 47, line 36, leave out from ‘must’ to end of line 37 and insert ‘used |
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| only for the purposes of its functions under section 34A above (including functions |
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| relating to the enforcement of offences under that section).’. |
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| Clause 52, page 48, line 28, leave out subsection (3). |
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| Clause 54, page 49, line 20, at end insert ‘; |
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| | (i) | targets for the diversion of site waste to landfill’. |
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| Clause 55, page 50, line 13, leave out paragraph (a). |
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| Clause 55, page 50, line 19, at end add— |
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| | ‘( ) | The appropriate person must consult interested parties before an offence under |
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| | subsection (3) is prescribed by regulations.’. |
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| Clause 55, page 50, line 27, at end insert— |
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| | ‘( ) | Regulations under subsection (4) shall provide that no dog control order shall |
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| | apply in respect of any working dog being used for the driving or tending of cattle |
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| Clause 56, page 51, line 10, at end add— |
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| | ‘( ) | The appropriate person must consult the appropriate parties before regulations are |
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| | made prescribing the procedure to be followed by primary or secondary |
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| | authorities for the making of dog control orders.’. |
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| Clause 56, page 51, line 10, at end add— |
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| | ‘(c) | the criteria which shall be applied to determine the necessity for the |
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| | making of a dog control order in relation to any offence.’. |
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| Clause 56, page 51, line 10, at end add— |
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| | ‘(d) | the procedure to be established to enable an appeal to be made by the |
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| | public against a dog control order being made.’. |
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| Clause 60, page 53, line 21, leave out from ‘order’ to ‘is’ in line 23. |
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| Page 55, line 13, leave out Clause 65. |
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| Clause 68, page 56, line 4, leave out subsection (1). |
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| Clause 68, page 56, line 12, at end insert— |
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| | ‘(5) | After subsection (1) of that section insert— |
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| | “(1A) | Where a stray dog taken to a local authority is ill or injured, treatment |
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| | should be sought by the appropriate local authority at the earliest possible |
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| Clause 68, page 56, line 12, at end insert— |
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| | ‘(6) | After subsection (6) of that section insert— |
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| | “(6A) | In this section a “stray dog” is one which is unaccompanied by either |
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| | owner or person responsible for it in a public place or any other place |
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| | without the permission of the owner of the land or premises where it is |
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| Clause 68, page 56, line 12, at end add— |
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| | ‘( ) | It shall be the duty of the local authorities to provide a twenty-four hour dog |
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| Clause 71, page 57, line 22, leave out ‘a key-holder’ and insert ‘at least two key- |
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| Clause 71, page 57, line 25, leave out ‘key-holder’ and insert ‘key-holders’. |
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| Clause 72, page 57, line 35, leave out ‘a person’ and insert ‘at least two persons’. |
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| Clause 75, page 60, line 28, leave out subsection (4). |
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| Clause 77, page 61, line 32, leave out ‘key-holder’ and insert ‘key-holders’. |
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| Clause 87, page 67, line 5, leave out subsection (1). |
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| Page 85, line 1, leave out Schedule 2. |
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| Clause 88, page 68, leave out line 4. |
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| Page 89, line 2, leave out Schedule 3. |
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| Clause 96, page 71, line 25, leave out subsection (4). |
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| Clause 102, page 75, line 2, after ‘premises’, insert ‘or streetlights on public roads |
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| or public rights of way’. |
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| Clause 102, page 75, line 16, at end insert— |
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| | ‘(j) | premises or apparatus used for the provision of electronic |
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| | communication services.’. |
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| Clause 102, page 75, line 16, at end insert— |
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| | ‘(k) | a playing field, playing pitch or other outdoor facility used wholly or |
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| Clause 102, page 75, line 37, at end insert—
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| ‘“playing field” has the meaning given in Article 3 of the Town and Country Planning |
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| (General Development Procedure) (Amendment) Order 1996;
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| “playing pitch” means a delineated area which, together with any run-off area, is 0.4 |
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| hectares or more, and which is used for sport;’. |
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| Clause 102, page 75, line 49, at end insert—
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| ‘“sport” is designated as any sporting activity which appears on the list maintained by the |
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| National Sports Councils of activities recognised by them, as applicable to Schedule 18 |
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| to the Finance Act 2002;’. |
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| Clause 111, page 80, line 3, leave out ‘Clean Neighbourhoods and’ and insert |
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| | Illegal deposit or disposal of waste (power of arrest) |
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| To move the following Clause:— |
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| | ‘(1) | In subsection 24(2) of the Police and Criminal Evidence Act 1984 (c.69), at the |
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| | “(w) | an offence under subsection 33(4A) of the Environmental |
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| | Protection Act 1990 (c.3).” |
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| | (2) | In section 33 of the Environmental Protection Act 1990 (c.3), after subsection (4) |
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| | “(4A) | A person authorised by the Environmental Protection Agency to exercise |
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| | the powers specified in section 108(4) of the Environment Act 1995 |
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