House of Commons portcullis
House of Commons
Session 2005 - 06
Internet Publications
Other Bills before Parliament


 
 

Report Stage Proceedings: 11th October 2005              

48

 

Natural Environment and Rural Communities Bill, continued

 
 

Enforcement powers in connection with pesticides: entry and search by force without a

 

warrant

 

Mr Oliver Letwin

 

Mr James Paice

 

Negatived on division  NC1

 

To move the following Clause:—

 

‘(1)    

If a constable or an inspector reasonably believes—

 

(a)    

that evidence of the commission of an offence under section 43 is to be

 

found on any premises, or

 

(b)    

that the 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 an offence under section 43.

 

(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 the 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 Oliver Letwin

 

Mr James Paice

 

Not called  NC2

 

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)    

an offence under section 43 is being or has been committed on

 

any premises, or

 

(ii)    

evidence of the commission of an offence under section 43 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 each them for evidence of the commission of an offence under

 

section 43.

 

(2)    

The conditions are—

 

(a)    

in the case of any part of premises which is not 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.


 
 

Report Stage Proceedings: 11th October 2005              

49

 

Natural Environment and Rural Communities Bill, continued

 
 

(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 by force without a

 

warrant] (1), and

 

(iii)    

has been informed of the decision to apply for the warrant;

 

(c)    

in either case—

 

(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 powers under a warrant issued under this

 

section may (if necessary) use such force as is reasonable in the exercise of those

 

powers.’.

 


 

Offences relating to entering and occupying land without consent

 

Mr Oliver Letwin

 

Mr James Paice

 

Not selected  nc3

 

To move the following Clause:—

 

‘The Criminal Justice and Public Order Act 1994 is amended by inserting the

 

following after section 62E—

 

“62F  

Offences relating to entering and occupying land without consent

 

(1)    

In this Part, except where the context otherwise requires—

 


 

‘chief officer of police’, in relation to any locality, means the chief officer

 

of police for the police area in which the locality is situated;

 


 

‘consent duly given’ means consent given by—

 

(a)    

in the case of lands referred to in subsection (2)(a), the relevant

 

statutory body,

 

(b)    

in the case of lands referred to in subsection (2)(b), the relevant

 

trustees, and

 

(c)    

in any other case, the owner concerned;

 

    

‘local authority’ means a county council, a city council or town council

 

for the purposes of the Local Government Act 1972;


 
 

Report Stage Proceedings: 11th October 2005              

50

 

Natural Environment and Rural Communities Bill, continued

 
 

    

‘object’ includes any temporary dwelling and an animal of any kind or

 

description;

 

    

‘owner’ means—

 

(a)    

in relation to land, the person lawfully entitled—

 

(i)    

to possession, and

 

(ii)    

to the immediate use and enjoyment,

 

    

of the land as the owner, lessee, or otherwise, or any person

 

acting on behalf of that person;

 

(b)    

in relation to land referred to in paragraph (a) or (b) of subsection

 

(2), the relevant statutory body or trustees, as the case may be;

 

    

‘statutory body’ means—

 

(a)    

the Secretary of State,

 

(b)    

a local authority,

 

(c)    

any other body established—

 

(i)    

by or under any enactment (other than the Companies

 

Acts 1985 and 1989), or

 

(ii)    

under the Companies Acts 1985 and 1989 in pursuance

 

of powers conferred by or under another enactment,

 

    

and financed wholly or partly by means of moneys provided, or

 

loans made or guaranteed, by the Secretary of State or the issue

 

of shares held by or on behalf of the Secretary of State, and

 

subsidiary of any such body.

 

(2)    

In this Part a reference to land includes—

 

(a)    

land provided or maintained by a statutory body primarily for the

 

amenity or recreation of the public or any class of persons

 

(including any park, open space, car park, playing field or other

 

space provided for recreational, community or conservation

 

purposes) or is land within the curtilage of any public building,

 

(b)    

land held by trustees for the benefit of the public or any class of

 

the public, and

 

(c)    

land covered by water.

 

(3)    

 

(a)    

A person, without the duly given consent of the owner, shall

 

not—

 

(i)    

enter and occupy any land, or

 

(ii)    

bring onto or place on any land any object

 

    

where such entry or occupation or the bringing onto or placing

 

on the land of such object is likely to—

 

(iii)    

substantially damage the land,

 

(iv)    

substantially and prejudicially affect any amenity in

 

respect of the land,

 

(v)    

prevent persons entitled to use the land or any amenity

 

in respect of the land from making reasonable use of the

 

land or amenity

 

(vi)    

otherwise render the land or any amenity in respect of

 

the land, or the lawful use of the land or any amenity in

 

respect of the land, unsanitary or unsafe, or

 

(vii)    

substantially interfere with the land, any amenity in

 

respect of the land, the lawful use of the land or any

 

amenity in respect of the land.


 
 

Report Stage Proceedings: 11th October 2005              

51

 

Natural Environment and Rural Communities Bill, continued

 
 

(b)    

A person who contravenes subsection (a) shall be guilty of an

 

offence.

 

(c)    

Where a constable in uniform has reason to believe that a person

 

is committing or has committed an offence under subsection (a)

 

the constable—

 

(i)    

may demand of the person his or her name and address,

 

(ii)    

may direct the person to leave the land concerned and to

 

remove from the land any object that belongs to the

 

person or that is under his or her control, and

 

(iii)    

shall inform the person of the nature of the offence in

 

respect of which it is suspected that person has been

 

involved and the statutory consequences of failing to

 

comply with a demand or direction under this

 

subsection.

 

(d)    

Where a constable in uniform has reason to believe that a person

 

is committing or has committed an offence under subsection (a)

 

the constable—

 

(i)    

may demand of the person his or her name and address,

 

(ii)    

may direct the person to leave the land concerned and to

 

remove from the land any object that belongs to the

 

person or that is under his or her control, and

 

(iii)    

shall inform the person of the nature of the offence in

 

respect of which it is suspected that person has been

 

involved and the statutory consequences of failing to

 

comply with a demand or direction under this

 

subsection.

 

(4)    

Where a person—

 

(a)    

refuses or fails to give his or her name and address to a constable

 

in uniform when demanded under subsection (3), or gives to the

 

member a name or address that is false or misleading, or

 

(b)    

fails to comply with a direction under that section,

 

    

he or she is guilty of an offence.

 

(5)    

A constable in uniform may arrest without warrant a person—

 

(a)    

who fails or refuses to give his or her name and address when

 

demanded under subsection (3)(c)(i) or gives a name or address

 

which the constable has reasonable grounds for believing is false

 

or misleading,

 

(b)    

who fails to comply with a direction given under subsection

 

(3)(c)(ii), or

 

(c)    

whom the member finds committing an offence under subsection

 

(3)(a).

 

(6)    

 

(a)    

Where a person fails to comply with a direction under subsection

 

(3)(b)(ii), a constable in uniform may remove or cause to be

 

removed any object which the constable has reason to believe

 

was brought onto or placed on the land in contravention of

 

subsection (3)(a)(ii) and may store or cause to be stored such

 

object so removed.

 

(b)    

Any person who obstructs or impedes or assists a person to

 

obstruct or impede a constable in uniform in the execution of his

 

or her duty under this section shall be guilty of an offence.


 
 

Report Stage Proceedings: 11th October 2005              

52

 

Natural Environment and Rural Communities Bill, continued

 
 

(c)    

Where an object has been removed under this section without the

 

presence or knowledge of any person claiming to own, occupy,

 

control or otherwise retain it, the chief officer of police shall

 

serve or cause to be served upon each such person whose name

 

and address can be ascertained by reasonable enquiry, a notice

 

informing the person where the object may be claimed and

 

recovered, requiring the person to claim and recover it within one

 

month of the date of service of the notice and informing him or

 

her of the statutory consequences of his or her failure to do so.

 

(d)    

An object removed and stored under this section shall be given

 

to a person claiming possession of the object if, but only if, he or

 

she makes a declaration in writing that he or she is the owner of

 

the object, or is authorised by its owner to claim it or is, for a

 

specified reason, otherwise entitled to possession of it and, at the

 

discretion of the chief officer of police, the person pays the

 

amount of any expenditure reasonably incurred in removing and

 

storing the object.

 

(e)    

The chief officer of police may dispose of, or cause to be

 

disposed of, an object removed and stored under this section if—

 

(i)    

the owner of the object fails to claim it and remove it

 

from the place where it is stored within one month of the

 

date on which a notice under subsection (6)(c) was

 

served on him or her, or

 

(ii)    

the name and address of the owner of the object cannot

 

be ascertained by reasonable enquiry.

 

(f)    

Where the chief officer of police becomes entitled to dispose of

 

or cause to be disposed of an object under subsection (e) and the

 

object is, in his or her opinion, capable of being sold, the chief

 

officer of police shall be entitled to sell or cause to be sold the

 

object for the best price reasonably obtainable and upon doing so

 

shall pay or cause to be paid to the person who was the owner of

 

the object at the time of its removal, where the name and address

 

of the owner can be ascertained by reasonable enquiry, a sum

 

equal to the proceeds of such sale after deducting therefrom any

 

expenditure reasonably incurred in its removal, storage and sale.

 

(7)    

 

(a)    

A person guilty of an offence under this Part shall be liable on

 

summary conviction to a fine not exceeding level 4 on the

 

standard scale or to a term of imprisonment not exceeding one

 

month or both.

 

(b)    

In any proceedings for an offence under this section it shall be

 

presumed until the contrary is shown that the consent under this

 

section was not given.

 

(8)    

Notwithstanding any statutory provision or rule of law to the contrary,

 

the jurisdiction of a magistrates’ court shall not, in summary proceedings

 

in relation to an offence under this Part, be ousted by reason solely of a

 

question of title to land being brought into issue.

 

(9)    

Where in summary proceedings in relation to an offence under this part

 

a question of title to land is brought into issue, the decision of a

 

magistrates’ court in the proceedings or on the question shall not operate


 
 

Report Stage Proceedings: 11th October 2005              

53

 

Natural Environment and Rural Communities Bill, continued

 
 

as an estoppel in, or a bar to, proceedings in any court in relation to the

 

land”.’.

 


 

Byways open to all traffic

 

Mr Oliver Letwin

 

Mr James Paice

 

Withdrawn  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

 

Withdrawn  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;


 
 

Report Stage Proceedings: 11th October 2005              

54

 

Natural Environment and Rural Communities Bill, continued

 
 

(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

 

(b)    

does not include—

 

(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—

 

(a)    

scientific research,

 

(b)    

approved breeding programmes, or

 

(c)    

zoological display.

 

(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

 

Withdrawn  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—


 
previous section contents continue
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries

© Parliamentary copyright 2005
Revised 12 October 2005