Amendments proposed to the Natural Environment and Rural Communities Bill - continued House of Commons

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Enforcement powers in connection with pesticides: entry and search without a warrant

   

Mr James Paice
Mr Peter Atkinson

NC4

To move the following Clause:—

    '(1)   If a constable or an inspector reasonably suspects—

(a) that a relevant offence is being or has been committed on any premises, or

(b) that evidence of the commission of a relevant offence is to be found on any premises,

    he may at any reasonable time enter the premises and search them for evidence of the commission of a relevant offence.

    (2)   Subsection (1) does not authorise entry into any part of premises which is used as a private dwelling.'.


Enforcement powers in connection with pesticides: entry and search by force without a warrant

   

Mr James Paice
Mr Peter Atkinson

NC5

To move the following Clause:—

    '(1)   If a constable or an inspector reasonably believes—

(a) that evidence of the commission of a relevant offence is to be found on any premises, or

(b) that evidence is likely to be removed, destroyed or lost before a warrant can be obtained and executed,

    he may at any time enter the premises and search them for evidence of the commission of a relevant offence.

    (2)   Subsection (1) does not authorise entry into any part of premises which is used as a private dwelling.

    (3)   A constable or an inspector exercising powers under subsection (1) may (if necessary) use such force as is reasonable in the exercise of those powers.

    (4)   An inspector may not exercise the power of entry conferred by subsection (1) between the hours of 11 p.m. and 5 a.m. unless accompanied by a constable.'.


Enforcement powers in connection with pesticides: entry and search with a warrant

   

Mr James Paice
Mr Peter Atkinson

NC6

To move the following Clause:—

    '(1)   If, on an application by a constable or an inspector, a justice of the peace is satisfied—

(a) that there are reasonable grounds for believing that—

(i) a relevant offence is being or has been committed on any premises, or

(ii) evidence of the commission of a relevant offence is to be found on any premises, and

(b) that one or more of the conditions in subsection (2) is met, he may issue a warrant authorising a constable or an inspector to enter the premises and search them for evidence of the commission of a relevant offence.

    (2)   The conditions are—

(a) in the case of any part of premises which is used as a private dwelling, that the occupier of the premises has been informed of the decision to apply for the warrant;

(b) in the case of any part of premises which is not used as a private dwelling, that the occupier of the premises—

(i) has been informed of the decision to seek entry to the premises and the reasons for that decision,

(ii) has failed to allow entry to the premises on being requested to do so by a person mentioned in section [Enforcement powers in connection with pesticides: entry and search without a warrant] (1) or [Enforcement powers in connection with pesticides: entry and search by force without a warrant] (1), and

(iii) has been informed of the decision to apply for the warrant;

(c) in either case—

(i) that the premises are unoccupied, or the occupier is absent, and notice of intention to apply for the warrant has been left in a conspicuous place on the premises, or

(ii) an application for admission to the premises or the giving of notice of intention to apply for the warrant is inappropriate because—

        (a)   it would defeat the object of entering the premises, or

        (b)   entry is required as a matter of urgency.

    (3)   References in subsection (2) to the occupier of premises, in relation to any vehicle, vessel, aircraft or hovercraft, are to the person who appears to be in charge of the vehicle, vessel, aircraft or hovercraft, and "unoccupied" shall be construed accordingly.

    (4)   Sections 15 and 16 of the Police and Criminal Evidence Act 1984 (c. 60) shall have effect in relation to a warrant issued under this section to an inspector as they have effect in relation to a warrant so issued to a constable.

    (5)   A constable or an inspector exercising—

(a) powers under a warrant issued under this section, or

(b) powers under Schedule 1 in connection with the execution of such a warrant,

    may (if necessary) use such force as is reasonable in the exercise of those powers.'.


Protection of wild birds, their nests and eggs

   

Mr James Paice
Mr Peter Atkinson

NC7

To move the following Clause:—

    '(1)   Amend the Wildlife and Countryside Act 1981 (c. 69) as follows.

    (2)   In section 1 (protection of wild birds, their nests and eggs), in subsection (1), after "intentionally" insert "or recklessly".

    (3)   In section 3 (areas of special protection), in subsection (1)(a), after "intentionally", insert "or recklessly".'.


Dedication of way as highway presumed after public use for 20 years

   

Paddy Tipping

NC8

To move the following Clause:—

    '(1)   Amend section 31 of the Highways Act 1980 (c. 66) (dedication of way as highway presumed after public use for 20 years) as follows.

    (2)   In subsection (2) leave out the words after "question".

    (3)   After subsection (2) insert—

    "(2A)   For the purposes of subsection (2), the right of the public to use the way may be brought into question—

(a) by a notice such as is mentioned in subsection (3) below;

(b) by an application for a modification order under section 53(5) of the Wildlife and Countryside Act 1981 to add the way to the definitive map and statement; or

(c) otherwise.

    (2B)   Where the right of the public to use the way is brought into question in the manner specified in subsection (2A)(b) above, the date on which the right shall be deemed to have been brought into question shall be the date of the certificate issued under paragraph 2(3) of Schedule 14 to the Wildlife and Countryside Act 1981.".'.


ORDER OF THE HOUSE [6TH JUNE 2005]

That the following provisions shall apply to the Natural Environment and Rural Communities Bill:

Committal

    1.   The Bill shall be committed to a Standing Committee.

Proceedings in Standing Committee

    2.   Proceedings in the Standing Committee shall (so far as not previously concluded) be brought to a conclusion on Tuesday 5th July 2005.

    3.   The Standing Committee shall have leave to sit twice on the first day on which it meets.

Consideration and Third Reading

    4.   Proceedings on consideration shall (so far as not previously concluded) be brought to a conclusion one hour before the moment of interruption on the day on which those proceedings are commenced.

    5.   Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at the moment of interruption on that day.

    6.   Standing Order No. 83B (Programming committees) shall not apply to proceedings on consideration and Third Reading.

Other proceedings

    7.   Any other proceedings on the Bill (including any proceedings on consideration of Lords Amendments or on any further messages from the Lords) may be programmed.


ORDER OF THE COMMITTEE [21ST JUNE 2005]

That—

    (2)   during proceedings on the Natural Environment and Rural Communities Bill the Standing Committee shall (in addition to its first meeting on Tuesday 21st June at 10.30 a.m.) meet—

(a) at 4.00 p.m. on Tuesday 21st June;

(b) at 9.00 a.m. and 1.00 p.m. on Thursday 23rd June;

(c) at 10.30 a.m. and 4.00 p.m. on Tuesday 28th June;

(d) at 9.00 a.m. and 1.00 p.m. on Thursday 30th June;

(e) at 10.30 a.m. and 4.00 p.m. on Tuesday 5th July;

    (2)   the proceedings shall be taken in the following order, namely, Clause 1, Schedule 1, Clauses 2 to 17, Schedule 2, Clauses 18 to 28, Schedule 3, Clauses 29 to 31, Schedule 4, Clauses 32 to 51, Schedule 5, Clause 52, Schedule 6, Clauses 53 to 70, Schedule 7, Clauses 71 to 78, Schedule 8, Clauses 79 and 80, Schedule 9, Clause 81, Schedule 10, Clauses 82 to 95, Schedules 11 and 12, Clauses 96 to 99, new Clauses, new Schedules, remaining proceedings on the Bill;

    (3)   the proceedings shall (so far as not previously concluded) be brought to a conclusion at 7.00 p.m. on Tuesday 5th July.


 
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Prepared 28 Jun 2005