S.C.A.
Amendment Paper as at
Thursday 30th June 2005
STANDING COMMITTEE A
NATURAL ENVIRONMENT AND RURAL COMMUNITIES BILL
NOTE
The Amendments have been arranged in accordance with the Order of the Committee [21st June].
Jim Knight
151
Clause 56, page 22, line 3, at end insert 'or
| '(b) | in relation to an order designating a National Park in Wales, a community council.' |
Mr Roger Williams
81
Clause 57, page 22, line 12, at end insert—
| '(ba) | a specified number of directly elected members,'. |
Mr Roger Williams
82
Clause 57, page 22, line 18, leave out 'and'.
Mr Roger Williams
83
Clause 57, page 22, line 19, at end insert 'and
| (c) | directly elected members,'. |
Mr Roger Williams
84
Clause 57, page 23, line 10, at end insert—
'(5A) After paragraph 3 insert—
| 3A | (1) | The Secretary of State may by regulations made by statutory instrument make provision for and in connection with the election of directly elected members of National Park authorities. |
| (2) | Regulations under sub-paragraph (1) are subject to annulment in pursuance of a resolution of either House of Parliament.".'. |
Jim Knight
142
Clause 60, page 24, line 13, leave out 'by grants under section 15 of the 1988 Act' and insert 'otherwise than by means of —
| (a) | charges of a kind mentioned in section 13(1) of the 1988 Act, or |
| (b) | levies under section 14(1) of the 1988 Act.'. |
Mr James Paice
Mr Peter Atkinson
72
Clause 62, page 24, line 29, leave out 'commencement' and insert '19th May 2005'.
Mr James Paice
Mr Peter Atkinson
122
Clause 62, page 24, line 29, leave out 'commencement' and insert '9th December 2003'.
Mr James Paice
Mr Peter Atkinson
123
Clause 62, page 24, line 29, leave out 'commencement' and insert '20th January 2005'.
Mr James Paice
Mr Peter Atkinson
71
Clause 62, page 24, line 36, at end insert—
'(1A) Where an application to register a right of way for mechanically propelled vehicles was made on or after 19th May 2005 and before commencement the authority to whom application was made may decline to register the right of way on a definitive map or statement if it considers that use of the right of way by mechanically propelled vehicles would be—
| (a) | detrimental to the natural environment, or |
| (b) | detrimental to the interests of other permitted users.'. |
Mr James Paice
Mr Peter Atkinson
73
Clause 62, page 25, line 6, leave out 'commencement' and insert '19th May 2005'.
Mr Roger Williams
107
Clause 63, page 25, line 24, at end add—
'(4) Under sections 1, 9, 14, 22, 65, 68, 69, 71 and 92 of the Road Traffic Regulation Act 1984 (c. 27), the relevant National Parks Authority may exercise the functions of the local traffic authority for the purposes of controlling traffic by way of a traffic regulation order on any unsealed road including those classed as footpath, bridleway, restricted byway, byway open to all traffic or unclassified county road within the relevant National Park.
(5) In subsection (4), "unsealed" means any route which has an earth, gravel or cobbled surface and is not made up of tarmac, concrete or asphalt along its course.'.
Mr Roger Williams
85
Clause 66, page 26, line 15, at end insert 'and the National Assembly for Wales'.
Mr Roger Williams
86
Clause 66, page 26, line 20, at end insert—
'(5A) One of the members is to be appointed by the National Assembly for Wales after consulting the Secretary of State.
(5B) In making that appointment, the National Assembly for Wales must have regard to the desirability of appointing a person who appears to the National Assembly to have specialist knowledge of Wales.'.
Mr James Paice
Mr Peter Atkinson
131
Clause 67, page 26, line 37, after 'Ministers', insert 'or the National Assembly for Wales'.
Mr James Paice
Mr Peter Atkinson
132
Clause 70, page 28, line 18, leave out 'unconditionally or'.
Mr Colin Breed
Norman Baker
23
Schedule 7, page 62, leave out line 35.
Mr James Paice
Mr Peter Atkinson
133
Clause 71, page 28, line 36, leave out 'unconditionally or'.
Mr James Paice
Mr Peter Atkinson
134
Clause 72, page 29, line 15, leave out 'unconditionally or'.
Mr James Paice
Mr Peter Atkinson
135
Clause 72, page 29, line 16, leave out 'may' and insert 'must'.
Mr James Paice
Mr Peter Atkinson
136
Clause 72, page 29, line 19, leave out 'unconditionally or'.
Mr James Paice
Mr Peter Atkinson
74
Clause 74, page 30, line 28, leave out '20' and insert '10'.
Jim Knight
146
Clause 86, page 35, line 1, leave out 'The appropriate authority' and insert 'A board'.
Mr James Paice
Mr Peter Atkinson
75
Clause 88, page 36, line 7, at beginning insert 'At least three months'.
Mr James Paice
Mr Peter Atkinson
76
Clause 88, page 36, line 7, at end insert 'publish its proposals and'.
Jim Knight
152
Clause 90, page 37, line 8, leave out from 'system' to ', or' in line 10.
Jim Knight
153
Clause 90, page 37, line 11, leave out from 'system' to 'on' in line 12.
Jim Knight
154
Clause 90, page 37, line 12, at end insert—
'( ) In paragraph 5(5) of that Schedule, after "banks", insert ", drainage".'.
Mr Colin Breed
Norman Baker
24
Schedule 11, page 68, leave out lines 37 and 38.
Jim Knight
158
Schedule 11, page 69, line 41, leave out sub-paragraph (h).
Jim Knight
150
Schedule 11, page 70, line 12, leave out paragraph 12 and insert—
| '12 | | For section 15 (meaning of "nature reserve") substitute— |
"15
Meaning of "nature reserve"
(1) In this Part, "nature reserve" means—
| (a) | land managed solely for a conservation purpose, or |
| (b) | land managed not only for a conservation purpose but also for a recreational purpose, if the management of the land for the recreational purpose does not compromise its management for the conservation purpose. |
(2) Land is managed for a conservation purpose if it is managed for the purpose of—
| (a) | providing, under suitable conditions and control, special opportunities for the study of, and research into, matters relating to the fauna and flora of Great Britain and the physical conditions in which they live, and for the study of geological and physiographical features of special interest in the area, or |
| (b) | preserving flora, fauna or geological or physiographical features of special interest in the area, |
or for both those purposes.
(3) Land is managed for a recreational purpose if it is managed for the purpose of providing opportunities for the enjoyment of nature or for open-air recreation.".'.
Jim Knight
159
Schedule 11, page 71, line 42, at end insert—
| | | 'In section 64 (access agreements), omit subsection (5).'. |
Mr Colin Breed
Norman Baker
25
Schedule 11, page 73, line 16, leave out 'places' and insert 'place'.
Mr Colin Breed
Norman Baker
26
Schedule 11, page 73, leave out line 17.
Mr Colin Breed
Norman Baker
27
Schedule 11, page 73, line 35, leave out 'places' and insert 'place'.
Mr Colin Breed
Norman Baker
28
Schedule 11, page 73, leave out line 36.
Mr Colin Breed
Norman Baker
29
Schedule 11, page 77, line 29, leave out 'places' and insert 'place'.
