rs381110.41-47

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

41

House of Commons

Tuesday 11th October 2005

Report Stage Proceedings

Natural Environment and Rural Communities Bill, As Amended

New Clauses

Traffic regulation on byways etc. in National Parks in England and Wales

Secretary Margaret Beckett

Added  nc11

To move the following Clause:—

‘After section 22B of the Road Traffic Regulation Act 1984 insert—

“22BB
  Traffic regulation on byways etc. in National Parks in England and

Wales

(1)
This section applies to a road—

(a)
which is in a National Park in England or Wales,

(b)
which is—

(i)
shown in a definitive map and statement as a byway

open to all traffic, a restricted byway, a bridleway or a

footpath, or

(ii)
a carriageway whose surface, or most of whose surface,

does not consist of concrete, tarmacadam, coated

roadstone or other prescribed material, and

(c)
in respect of which no relevant order is in force.

(2)
The National Park authority may—

(a)
for a purpose mentioned in section 1(1)(a) to (g) or 22(2), by

order make in respect of the road any such provision as is

mentioned in section 2(1), (2) or (3) or 4(1);

(b)
for the purpose of carrying out an experimental scheme of traffic

control, by order make in respect of the road any such provision

as is mentioned in section 2(1), (2) or (3) or 4(1);

(c)
for a reason given in section 14(1)(a) or (b) or for a purpose

mentioned in section 14(1)(c) or 22(2), by order make in respect

of the road—

(i)
any such provision as is mentioned in section 2(1), (2) or

(3) or 4(1), or

(ii)
any provision restricting the speed of vehicles.

Report Stage Proceedings: 11th October 2005
42

Natural Environment and Rural Communities Bill, continued

(3)
This Act has effect, subject to subsection (4) and any prescribed

modifications, in relation to an order by a National Park authority under

subsection (2)(a), (b) or (c) as it has effect in relation to an order by a

local traffic authority under section 1, 9 or 14(1).

(4)
Before making any order under subsection (2), the National Park

authority must consult any authority which is a highway authority for the

road.

22BC
Section 22BB: supplementary

(1)
Expressions used in section 22BB(1)(b) that are defined for the purposes

of Part 3 of the Wildlife and Countryside Act 1981 by section 66(1) of

that Act have the same meaning as in that Part.

(2)
In section 22BB(1)(c) “relevant order” means—

(a)
a traffic regulation order,

(b)
an experimental traffic order,

(c)
an order under section 14(1),

(d)
an order under section 22(4), or

(e)
an order under section 22B,


but does not include an order made under section 22BB(2).

(3)
In section 22BB “prescribed” means prescribed by regulations made—

(a)
in relation to England, by the Secretary of State;

(b)
in relation to Wales, by the National Assembly for Wales.

(4)
Any functions exercisable by the National Assembly for Wales by virtue

of this section are to be treated for the purposes of section 44 of the

Government of Wales Act 1998 (parliamentary procedures for

subordinate legislation) as if made exercisable by the Assembly by an

Order in Council under section 22 of that Act.”’.

Agreement between Secretary of State and designated body

Secretary Margaret Beckett

Added  nc12

To move the following Clause:—

‘(1)
The Secretary of State may enter into an agreement with a designated body

authorising that body to perform a DEFRA function—

(a)
either in relation to the whole of England or in relation to specified areas

in England;

(b)
subject to paragraph (a), either generally or in specified cases.


“Specified” means specified in the agreement.

(2)
An agreement under this section—

(a)
may be cancelled by the Secretary of State at any time, and

(b)
does not prevent the Secretary of State from performing a function to

which the agreement relates.

Report Stage Proceedings: 11th October 2005
43

Natural Environment and Rural Communities Bill, continued

(3)
This section is subject to sections (Reserved functions) and (Maximum duration

of agreement) (reserved functions and maximum duration of agreement).’.

Agreement between designated bodies

Secretary Margaret Beckett

Added  nc13

To move the following Clause:—

‘(1)
A designated body (“A”) may, with the approval of the Secretary of State, enter

into an agreement with another designated body (“B”) authorising B to perform

a function of A that is related to or connected with a DEFRA function—

(a)
either in relation to the whole of England or in relation to specified areas

in England;

(b)
subject to paragraph (a), either generally or in specified cases.


“Specified” means specified in the agreement.

(2)
The Secretary of State’s approval may be given—

(a)
in relation to a particular agreement or in relation to a description of

agreements;

(b)
unconditionally or subject to conditions specified in the approval.

(3)
Subject to subsection (5), the Secretary of State—

(a)
must review an agreement under this section no later than the end of the

period of 5 years beginning with the date on which the agreement was

entered into or was last reviewed by the Secretary of State, and

(b)
if it appears appropriate to do so in the light of the review, may cancel the

agreement.

(4)
Subject to subsection (5), an agreement under this section may not be varied

except—

(a)
by agreement between A and B, and

(b)
with the approval of the Secretary of State.

(5)
An approval given under subsection (1) may provide that subsection (3) or (4)

does not apply (or that both of them do not apply).

(6)
This section is subject to sections (Reserved functions) and (Maximum duration

of agreement) (reserved functions and maximum duration of agreement).’.

Designated bodies

Secretary Margaret Beckett

Added  nc14

To move the following Clause:—

‘(1)
In this Chapter “designated body” means a body listed in Schedule 7.

(2)
The Secretary of State may by order amend Schedule 7 so as to—

(a)
add a body to the list, or

Report Stage Proceedings: 11th October 2005
44

Natural Environment and Rural Communities Bill, continued

(b)
remove a body from it.

(3)
But the Secretary of State may not exercise the power conferred by subsection

(2)(a) unless satisfied that at least one of the purposes or functions of the body to

be added to the list is related to or connected with a DEFRA function.

(4)
A body to be added to the list need not be a public body.

(5)
The power to make an order under subsection (2) is exercisable by statutory

instrument.

(6)
A statutory instrument containing an order under subsection (2) is subject to

annulment in pursuance of a resolution of either House of Parliament.’.

Reserved functions

Secretary Margaret Beckett

Added  nc15

To move the following Clause:—

‘(1)
An agreement may not authorise a designated body to perform a reserved

function.

(2)
The reserved functions are—

(a)
any function whose performance by the designated body would be

incompatible with the purposes for which the body was established;

(b)
any power of a Minister of the Crown to make or terminate appointments

or lay reports or accounts;

(c)
any power to make subordinate legislation or give guidance or directions

(or to vary or revoke any of those things);

(d)
any power to fix fees or charges other than a power prescribed for the

purposes of this section by an order made by the Secretary of State;

(e)
any function of an accounting officer in his capacity as such;

(f)
except in relation to an agreement authorising a public body to perform

functions—

(i)
any power to enter, inspect, take samples or seize anything, and

(ii)
any other power exercisable in connection with suspected

offences;

(g)
any function of the Secretary of State under the Water Industry Act 1991

or under any subordinate legislation made under that Act.

(3)
The power to make an order under subsection (2)(d) is exercisable by statutory

instrument.

(4)
A statutory instrument containing an order under subsection (2)(d) is subject to

annulment in pursuance of a resolution of either House of Parliament.’.

Report Stage Proceedings: 11th October 2005
45

Natural Environment and Rural Communities Bill, continued

Maximum duration of agreements

Secretary Margaret Beckett

Added  nc16

To move the following Clause:—

‘The maximum period for which an agreement may authorise a designated body

to perform—

(a)
a DEFRA function, or

(b)
a function that is related to or connected with a DEFRA function,

is 20 years.’.

Particular powers

Secretary Margaret Beckett

Added  nc17

To move the following Clause:—

‘(1)
Nothing in this Chapter prevents a designated body from being authorised to

perform a function conferred on that body by or under this Act or an Act passed

after the passing of this Act.

(2)
The Secretary of State or a designated body (“A”) may, under an agreement,

authorise a designated body (“B”) to perform a function even though under the

relevant enactments or subordinate legislation—

(a)
the function is conferred on A by reference to specified circumstances or

cases and the same type of function is conferred on B in different

specified circumstances or cases,

(b)
the function is exercisable by A and B jointly,

(c)
B is required to be, or may be, consulted about the function (whether

generally or in specified circumstances), or

(d)
B is required to consent to the exercise of the function (whether generally

or in specified circumstances).

(3)
An agreement may provide—

(a)
for the performance of a function to be subject to the fulfilment of

conditions;

(b)
for payments to be made in respect of the performance of the function.

(4)
A designated body which is authorised under an agreement to perform a

function—

(a)
is to be treated as having power to do so;

(b)
may, unless (or except to the extent that) the agreement provides for this

paragraph not to apply—

(i)
authorise a committee, sub-committee, member, officer or

employee of the body to perform the function on its behalf;

(ii)
form a body corporate and authorise that body to perform the

function on its behalf.

(5)
However, where the designated body is a local authority—

(a)
subsection (4)(a) is subject to section (Agreements with local

authorities)(5)(a), and

Report Stage Proceedings: 11th October 2005
46

Natural Environment and Rural Communities Bill, continued

(b)
that section applies in place of subsection (4)(b).

(6)
Subject to subsection (4)(b) and section (Agreements with local authorities), a

designated body which is authorised under an agreement to perform a function

may not authorise any other body or other person to perform that function.’.

Agreements with local authorities

Secretary Margaret Beckett

Added  nc18

To move the following Clause:—

‘(1)
This section applies where a local authority is authorised under an agreement to

perform a function.

(2)
Subject to subsection (5), the function that the local authority is authorised to

perform is to be treated as a function of the local authority for the purposes of—

(a)
any power of a local authority to arrange for the discharge of the function

by any person mentioned in subsection (3), and

(b)
any power of a person mentioned in subsection (3) to arrange for the

discharge of a function by any other person mentioned there.

(3)
The persons are any committee, sub-committee, member, officer or employee of

the local authority.

(4)
“Committee” does not include a joint committee of two or more local authorities.

(5)
If the local authority is operating executive arrangements—

(a)
the function is to be treated as a function of the local authority for the

purposes of section 13 of the Local Government Act 2000, and

(b)
if (or to the extent that) the function is the responsibility of the executive

of the local authority—

(i)
subsection (2) does not apply, and

(ii)
sections 14 to 16 of the 2000 Act, and any regulations made

under sections 17 and 18 of the 2000 Act, apply.

(6)
“Executive arrangements” and “executive” have the same meaning as in Part 2 of

the 2000 Act.

(7)
An agreement may provide that the provisions of subsection (2) or those

mentioned in (5)(b)(ii) do not apply (or do not apply to a specified extent).’.

Supplementary provisions with respect to agreements

Secretary Margaret Beckett

Added  nc19

To move the following Clause:—

‘(1)
An agreement, and any approval given by the Secretary of State under section

(Agreements between designated bodies), must be in writing.

Report Stage Proceedings: 11th October 2005
47

Natural Environment and Rural Communities Bill, continued

(2)
The Secretary of State must arrange for a copy of an agreement to be published

in a way that the Secretary of State thinks is suitable for bringing it to the attention

of persons likely to be affected by it.

(3)
No power of a Minister of the Crown under any enactment to give directions to a

statutory body extends to giving a direction—

(a)
requiring it to enter into an agreement;

(b)
prohibiting it from entering into an agreement;

(c)
requiring it to include, or prohibiting it from including, particular terms;

(d)
requiring it to negotiate, or prohibiting it from negotiating, a variation or

termination of an agreement.

(4)
Schedule 15 to the Deregulation and Contracting Out Act 1994 (c. 40)

(restrictions on disclosure of information) applies in relation to an authorisation

by a designated body under this Chapter as it applies in relation to an

authorisation under section 69 of that Act by an office-holder.’.

Interpretation

Secretary Margaret Beckett

Added  nc20

To move the following Clause:—

‘(1)
In sections (Reserved functions) to (Supplementary provisions with respect to

agreements) “agreement” means an agreement under section (Agreement

between Secretary of State and designated body) or (Agreement between

designated bodies).

(2)
In this Chapter “DEFRA function” means a function which at the material time

falls to be performed by or through the Department for Environment, Food and

Rural Affairs.

(3)
A certificate issued by the Secretary of State that a function falls to be performed

as mentioned in subsection (2) is conclusive evidence of that fact.

(4)
In this Chapter—

“designated body” has the meaning given by section (Designated bodies);

“local authority” means a local authority as defined in section 1(a) of the

Local Government Act 2000 and the Greater London Authority;

“Minister of the Crown” has the same meaning as in the Ministers of the

Crown Act 1975 (c. 26);

“subordinate legislation” has the same meaning as in the Interpretation Act

1978 (c. 30).’.