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Restoration order where offence under section 14 is committed
Mr Colin Breed
Mr Roger Williams
NC2
To move the following Clause:—
'After section 21 insert—
"21A
Restoration order where offence under section 14 is committed (1) In addition to the penalties in section 21(4), where the operation in respect of which a person is convicted of an offence under section 14 has destroyed or damaged any flora, fauna or physiographical feature, the court by which he is convicted, in addition to dealing with him in any way, may make an order requiring him to carry out, within such period as may be specified in the order, such operations for the purpose of restoring the habitat to its former condition as may be so specified.
(2) An order under this section made on conviction on indictment shall be treated for the purposes of sections 30 and 42(1) and (2) of the Criminal Appeal Act 1968 (effect of appeals on orders for the restitution of property) as an order for the restitution of property; and where by reason of the quashing by the Court of Appeal of a person's conviction any such order does not take effect, and on appeal to the House of Lords the conviction is restored by that House, the House may make an order under this section which could be made on his conviction by the court which convicted him.
(3) In the case of an order under this section made by a magistrates' court, the period specified in the order shall not begin to run—
| (a) | in any case until the expiration of the period for the time being prescribed by law for the giving of notice of appeal against a decision of a magistrates' court; |
| (b) | where notice of appeal is given within the period so prescribed, until determination of the appeal. |
(4) At any time before an order under this section has been complied with or fully complied with, the court by which it was made may, on the application of whom it was made, discharge or vary the order if it appears to the court that a change in circumstances has made compliance or full compliance with the order impracticable or unnecessary.
(5) If, within the period specified in an order under this section, the person against whom it was made fails, without reasonable excuse, to comply with it, he shall be liable on summary conviction—
| (a) | to a fine not exceeding level 5 on the standard scale; and |
| (b) | in the case of a continuing offence, to a further fine not exceeding £1000 for each day during which the offence continues after conviction. |
(6) If, within the period specified in an order under this section, any operations specified in the order have not been carried out, the authorised body may enter the land and carry out those operations and recover from the person against whom the order was made any expenses reasonably incurred by them in doing so.".'.
Control of invasive non-native species
Mr Colin Breed
Mr Roger Williams
NC3
To move the following Clause:—
'After section 14ZA insert—
"14ZAA
Control of invasive non-native species (1) Where the Secretary of State considers that a species listed in Schedule 9 is—
| (a) | present in the wild; and |
| (b) | is an actual or potential threat to the conservation of flora or fauna; or |
| (c) | is an actual or potential threat to social or economic well-being, |
he must add it to Part III of Schedule 9.
(2) Within three months of a species being added to Part III of Schedule 9, the Secretary of State must nominate an appropriate body that within one year will produce an action plan that identifies how the species should be eradicated, controlled or contained in order to protect threatened flora, fauna, social or economic well-being.
(3) Within three months of the action plan being presented to the Secretary of State, he shall announce to Parliament how the action plan will be implemented.
(4) Pursuant to subsection (3) and in circumstances set out in subsection (5), any person authorised in writing by the Secretary of State may, at any reasonable time and (if required to do so) upon producing evidence that he is authorised, enter any land for the purpose of controlling, containing or eradicating a species listed on Part III of Schedule 9; but nothing in this subsection shall authorise any person to enter a dwelling.
(5) The circumstances are—
| (a) | that the Secretary of State is satisfied that the body nominated to implement an action plan to control or eradicate a species is unable to conclude, on reasonable terms, an agreement to access land in order for the control, containment or eradication to be effective; |
| (b) | that the nominated body did enter into such an agreement as referred to in subsection (5)(a), but that the Secretary of State is satisfied that it has been breached in such a way that operations to control, contain or eradicate the invasive non-native species are rendered ineffective. |
(6) A dispute about whether or not there has been a breach of the agreement for the purposes of subsection (5)(b) shall be referred to an arbitrator appointed by the Lord Chancellor.
(7) More than one person may be authorised for the time being under subsection (4) to enter any land.
(8) A person acting in the exercise of a power conferred by subsection (4) may—
| (a) | use a vehicle or a boat to enter the land; |
| (b) | take a constable with him if he reasonably believes he is likely to be obstructed; |
| (c) | take with him equipment or materials needed for the purpose for which he is exercising the power of entry. |
(9) If in the exercise of a power conferred by subsection (4) 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.
(10) 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 (4) 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 (9), |
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.'.
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; |
| (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.'.
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