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| | Clauses 98 and 99 Agreed to. |
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| | Sale etc. of invasive non-native species (supplementary provisions) |
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| To move the following Clause:— |
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| | ‘(1) | Amend the Wildlife and Countryside Act 1981 (c. 69) as follows. |
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| | (2) | In section 14(1)(b) (introduction of new species etc.), insert “or Part III” after |
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| | (3) | In section 14(2) (introduction of new species etc.), insert “or Part III” after “Part |
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| | (4) | In section 22(5) (power to vary schedules), insert— |
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| | “(c) | add any animals or plants to, or remove any animals or plants |
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| | from, Part III of that Schedule.” |
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| | After Part II of Schedule 9 of the 1981 Act (animals and plants to which section |
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| | potentially invasive or damaging animals and plants not native to great |
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| | britain to which section 14za applies |
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| | | | | | | | | | | | | | | | | | | | | | | | | | | Hydrocotyle ranunculoides |
| | | | Stonecrop, Australian swamp |
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| | Restoration order where offence under section 14 is committed |
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| To move the following Clause:— |
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| | ‘After section 21 insert— |
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| | “21A | Restoration order where offence under section 14 is committed |
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| | (1) | In addition to the penalties in section 21(4), where the operation in |
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| | respect of which a person is convicted of an offence under section 14 has |
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| | destroyed or damaged any flora, fauna or physiographical feature, the |
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| | court by which he is convicted, in addition to dealing with him in any |
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| | way, may make an order requiring him to carry out, within such period |
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| | as may be specified in the order, such operations for the purpose of |
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| | restoring the habitat to its former condition as may be so specified. |
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| | (2) | An order under this section made on conviction on indictment shall be |
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| | treated for the purposes of sections 30 and 42(1) and (2) of the Criminal |
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| | Appeal Act 1968 (effect of appeals on orders for the restitution of |
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| | property) as an order for the restitution of property; and where by reason |
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| | of the quashing by the Court of Appeal of a person’s conviction any such |
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| | order does not take effect, and on appeal to the House of Lords the |
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| | conviction is restored by that House, the House may make an order under |
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| | this section which could be made on his conviction by the court which |
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| | (3) | In the case of an order under this section made by a magistrates’ court, |
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| | the period specified in the order shall not begin to run— |
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| | (a) | in any case until the expiration of the period for the time being |
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| | prescribed by law for the giving of notice of appeal against a |
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| | decision of a magistrates’ court; |
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| | (b) | where notice of appeal is given within the period so prescribed, |
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| | until determination of the appeal. |
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| | (4) | At any time before an order under this section has been complied with or |
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| | fully complied with, the court by which it was made may, on the |
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| | application of whom it was made, discharge or vary the order if it appears |
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| | to the court that a change in circumstances has made compliance or full |
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| | compliance with the order impracticable or unnecessary. |
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| | (5) | If, within the period specified in an order under this section, the person |
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| | against whom it was made fails, without reasonable excuse, to comply |
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| | with it, he shall be liable on summary conviction— |
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| | (a) | to a fine not exceeding level 5 on the standard scale; and |
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| | (b) | in the case of a continuing offence, to a further fine not exceeding |
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| | £1000 for each day during which the offence continues after |
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| | (6) | If, within the period specified in an order under this section, any |
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| | operations specified in the order have not been carried out, the authorised |
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| | body may enter the land and carry out those operations and recover from |
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| | the person against whom the order was made any expenses reasonably |
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| | incurred by them in doing so.”.’. |
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| | Control of invasive non-native species |
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| To move the following Clause:— |
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| | ‘After section 14ZA insert— |
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| | “14ZAA | Control of invasive non-native species |
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| | (1) | Where the Secretary of State considers that a species listed in Schedule 9 |
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| | (a) | present in the wild; and |
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| | (b) | is an actual or potential threat to the conservation of flora or |
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| | (c) | is an actual or potential threat to social or economic well-being, |
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| | he must add it to Part III of Schedule 9. |
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| | (2) | Within three months of a species being added to Part III of Schedule 9, |
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| | the Secretary of State must nominate an appropriate body that within one |
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| | year will produce an action plan that identifies how the species should be |
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| | eradicated, controlled or contained in order to protect threatened flora, |
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| | fauna, social or economic well-being. |
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| | (3) | Within three months of the action plan being presented to the Secretary |
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| | of State, he shall announce to Parliament how the action plan will be |
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| | (4) | Pursuant to subsection (3) and in circumstances set out in subsection (5), |
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| | any person authorised in writing by the Secretary of State may, at any |
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| | reasonable time and (if required to do so) upon producing evidence that |
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| | he is authorised, enter any land for the purpose of controlling, containing |
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| | or eradicating a species listed on Part III of Schedule 9; but nothing in this |
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| | subsection shall authorise any person to enter a dwelling. |
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| | (5) | The circumstances are— |
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| | (a) | that the Secretary of State is satisfied that the body nominated to |
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| | implement an action plan to control or eradicate a species is |
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| | unable to conclude, on reasonable terms, an agreement to access |
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| | land in order for the control, containment or eradication to be |
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| | (b) | that the nominated body did enter into such an agreement as |
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| | referred to in subsection (5)(a), but that the Secretary of State is |
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| | satisfied that it has been breached in such a way that operations |
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| | to control, contain or eradicate the invasive non-native species |
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| | are rendered ineffective. |
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| | (6) | A dispute about whether or not there has been a breach of the agreement |
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| | for the purposes of subsection (5)(b) shall be referred to an arbitrator |
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| | appointed by the Lord Chancellor. |
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| | (7) | More than one person may be authorised for the time being under |
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| | subsection (4) to enter any land. |
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| | (8) | A person acting in the exercise of a power conferred by subsection (4) |
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| | (a) | use a vehicle or a boat to enter the land; |
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| | (b) | take a constable with him if he reasonably believes he is likely to |
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| | (c) | take with him equipment or materials needed for the purpose for |
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| | which he is exercising the power of entry. |
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| | (9) | If in the exercise of a power conferred by subsection (4) a person enters |
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| | land which is unoccupied or from which the occupier is temporarily |
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| | absent, he must on his departure leave it as effectively secured against |
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| | unauthorised entry as he found it. |
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| | (10) | It is the duty of a relevant authority to compensate any person who has |
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| | sustained damage as a result of— |
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| | (a) | the exercise of a power conferred by subsection (4) by a person |
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| | authorised to do so by that relevant authority, or |
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| | (b) | the failure of a person so authorised to perform the duty imposed |
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| | on him by subsection (9), |
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| | except where the damage is attributable to the fault of the person who |
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| | sustained it; and any dispute as to a person’s entitlement to compensation |
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| | under this subsection or as to its amount shall be referred to an arbitrator |
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| | to be appointed, in default of agreement, by the Secretary of State.’. |
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| | Enforcement powers in connection with pesticides: entry and search without a warrant |
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| To move the following Clause:— |
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| | ‘(1) | If a constable or an inspector reasonably suspects— |
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| | (a) | that a relevant offence is being or has been committed on any premises, |
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| | (b) | that evidence of the commission of a relevant offence is to be found on |
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| | he may at any reasonable time enter the premises and search them for evidence of |
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| | the commission of a relevant offence. |
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| | (2) | Subsection (1) does not authorise entry into any part of premises which is used as |
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| | Enforcement powers in connection with pesticides: entry and search by force without a |
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| To move the following Clause:— |
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| | ‘(1) | If a constable or an inspector reasonably believes— |
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| | (a) | that evidence of the commission of a relevant offence is to be found on |
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| | (b) | that evidence is likely to be removed, destroyed or lost before a warrant |
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| | can be obtained and executed, |
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| | he may at any time enter the premises and search them for evidence of the |
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| | commission of a relevant offence. |
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| | (2) | Subsection (1) does not authorise entry into any part of premises which is used as |
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| | (3) | A constable or an inspector exercising powers under subsection (1) may (if |
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| | necessary) use such force as is reasonable in the exercise of those powers. |
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| | (4) | An inspector may not exercise the power of entry conferred by subsection (1) |
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| | between the hours of 11 p.m. and 5 a.m. unless accompanied by a constable.’. |
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| | Enforcement powers in connection with pesticides: entry and search with a warrant |
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| To move the following Clause:— |
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| | ‘(1) | If, on an application by a constable or an inspector, a justice of the peace is |
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| | (a) | that there are reasonable grounds for believing that— |
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| | (i) | a relevant offence is being or has been committed on any |
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| | (ii) | evidence of the commission of a relevant offence is to be found |
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| | (b) | that one or more of the conditions in subsection (2) is met, he may issue |
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| | a warrant authorising a constable or an inspector to enter the premises |
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| | and search them for evidence of the commission of a relevant offence. |
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| | (a) | in the case of any part of premises which is used as a private dwelling, |
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| | that the occupier of the premises has been informed of the decision to |
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| | (b) | in the case of any part of premises which is not used as a private dwelling, |
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| | that the occupier of the premises— |
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| | (i) | has been informed of the decision to seek entry to the premises |
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| | and the reasons for that decision, |
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| | (ii) | has failed to allow entry to the premises on being requested to do |
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| | so by a person mentioned in section [Enforcement powers in |
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| | connection with pesticides: entry and search without a warrant] |
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| | (1) or [Enforcement powers in connection with pesticides: entry |
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| | and search by force without a warrant] (1), and |
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| | (iii) | has been informed of the decision to apply for the warrant; |
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| | (i) | that the premises are unoccupied, or the occupier is absent, and |
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| | notice of intention to apply for the warrant has been left in a |
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| | conspicuous place on the premises, or |
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| | (ii) | an application for admission to the premises or the giving of |
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| | notice of intention to apply for the warrant is inappropriate |
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| | (a) | it would defeat the object of entering the premises, or |
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| | (b) | entry is required as a matter of urgency. |
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| | (3) | References in subsection (2) to the occupier of premises, in relation to any |
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| | vehicle, vessel, aircraft or hovercraft, are to the person who appears to be in |
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| | charge of the vehicle, vessel, aircraft or hovercraft, and “unoccupied” shall be |
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| | (4) | Sections 15 and 16 of the Police and Criminal Evidence Act 1984 (c. 60) shall |
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| | have effect in relation to a warrant issued under this section to an inspector as they |
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| | have effect in relation to a warrant so issued to a constable. |
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| | (5) | A constable or an inspector exercising— |
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| | (a) | powers under a warrant issued under this section, or |
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| | (b) | powers under Schedule 1 in connection with the execution of such a |
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| | may (if necessary) use such force as is reasonable in the exercise of those |
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| | Protection of wild birds, their nests and eggs |
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| To move the following Clause:— |
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| | ‘(1) | Amend the Wildlife and Countryside Act 1981 (c. 69) as follows. |
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| | (2) | In section 1 (protection of wild birds, their nests and eggs), in subsection (1), after |
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| | “intentionally” insert “or recklessly”. |
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| | (3) | In section 3 (areas of special protection), in subsection (1)(a), after |
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| | “intentionally”, insert “or recklessly”.’. |
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| | Dedication of way as highway presumed after public use for 20 years |
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| To move the following Clause:— |
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| | ‘(1) | Amend section 31 of the Highways Act 1980 (c. 66) (dedication of way as |
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| | highway presumed after public use for 20 years) as follows. |
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| | (2) | In subsection (2) leave out the words after “question”. |
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| | (3) | After subsection (2) insert— |
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| | “(2A) | For the purposes of subsection (2), the right of the public to use the way |
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| | may be brought into question— |
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| | (a) | by a notice such as is mentioned in subsection (3) below; |
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| | (b) | by an application for a modification order under section 53(5) of |
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| | the Wildlife and Countryside Act 1981 to add the way to the |
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| | definitive map and statement; or |
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| | (2B) | Where the right of the public to use the way is brought into question in |
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| | the manner specified in subsection (2A)(b) above, the date on which the |
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| | right shall be deemed to have been brought into question shall be the date |
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| | of the certificate issued under paragraph 2(3) of Schedule 14 to the |
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| | Wildlife and Countryside Act 1981.”.’. |
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| | Bill, as amended, to be reported. |
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