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Byways open to all traffic
Mr Oliver Letwin
Mr James Paice
NC4
To move the following Clause:—
'(1) Within 3 years of the date of commencement of sections 61 and 62 the Secretary of State shall review every modification order made, or applied for and subsequently made, in England and Wales between 20 January 2005 and commencement, under section 53(2) of the Wildlife and Countryside Act 1981, to add a byway open to all traffic to a definitive map and statement or to upgrade an existing highway to a byway open to all traffic.
(2) On review under subsection (1), the Secretary of State shall make an order in accordance with subsection (3) where he is satisfied that—
| (a) | there is or may be damage to the natural environment by users of the byway open to all traffic in mechanically propelled vehicles, or |
| (b) | use of the byway open to all traffic by mechanically propelled vehicles does or may constitute a danger to any other class of traffic or restrict use of the byway by other classes of traffic. |
(3) An order referred to in subsection (2) is a traffic regulation order as defined by section 1 of the Road Traffic Regulation Act 1984 and the Secretary of State shall make an order under that section as if he were a traffic authority for a road outside Greater London.
(4) If without lawful authority a person drives a mechanically propelled vehicle on a byway open to all traffic in respect of which an order under subsection (3) has been made he is guilty of an offence.
(5) A person guilty of an offence under subsection (4) shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.'.
Import of exotic birds
Mr Oliver Letwin
Mr James Paice
NC5
To move the following Clause:—
'(1) The importation of any exotic bird of a species listed in Annex A and Annex B of EU Regulation 338/97 shall be prohibited unless the Secretary of State is satisfied that—
| (a) | the trade in that species does not constitute a threat to the conservation of that species or of any other listed species; |
| (b) | the method of capture used for obtaining specimens from the wild does not involve undue suffering; and |
| (c) | the means of transport from the place of capture into the United Kingdom shall meet such criteria for welfare as may be specified by the Secretary of State. |
(2) The Secretary of State may by order extend the provisions of subsection (1) to species listed in Appendix C of EU Regulation 338/97.
(3) The Secretary of State may by order extend the provisions of subsection (1) to any other species of bird not indigenous to the UK.
(4) In this section "exotic bird"—
| (a) | includes any live or dead bird that is not indigenous to the United Kingdom including any egg or offspring thereof; and |
| (i) | domestic poultry, dead sport-hunted birds, dead museum specimens, dead scientific specimens, or products manufactured from such birds; or |
| (ii) | birds in the following families: Phasianidae, Numididae, Cracidae, Meleagrididae, Megapodiidae, Anatidae, Struthionidae, Rheidae, Dromaiinae and Gruidae. |
(5) Subsection (1) shall not apply to any bird where the Secretary of State is satisfied that its importation is for the purpose of—
| (b) | approved breeding programmes, or |
(6) The Secretary of State may by order make such provision as may be necessary for the implementation of this section.
(7) The power to make an order under this section is exercisable by statutory instrument.
(8) A statutory instrument containing an order under subsection (2) is subject to amendment in pursuance of a resolution of either House of Parliament.
(9) An order under subsection (3) may not be made unless a draft of the statutory instrument containing the order has been laid before, and approved by a resolution of each House of Parliament.'.
Control of harmful, non-native species
Mr Oliver Letwin
Mr James Paice
Mr Colin Breed
Norman Baker
NC6
To move the following Clause:—
'(1) In section 22(5) of the 1981 Act (power to vary schedules), insert—
| "(c) | add any animals or plants to, or remove any animals or plants from Part III of that Schedule." |
(2) After section 14ZB insert—
"14ZC Control of harmful non-native species
(1) Where the Secretary of State considers that a species listed in Schedule 9—
| (a) | is 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 in 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.'.
Driving a mechanically propelled vehicle on a footpath or bridleway or restricted byway
Mr Andrew Mackay
NC7
To move the following Clause:—
'It is not an offence under this section for the owner or lessee of premises in existence at the date of commencement of section 47 of the Countryside and Rights of Way Act 2000 or a successor in title to such premises or a lawful visitor thereto to drive a mechanically propelled vehicle on a road being a footpath or bridleway or restricted byway if the driving of that vehicle is necessary for the reasonable occupation of the premises and where no other right of vehicular access to such premises is otherwise available for the benefit of the premises.'.
Restoration of habitat
Mr Colin Breed
Norman Baker
NC8
To move the following Clause:—
'After section 21 of the 1981 Act, 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; or |
| (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.".'.
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