rs381110.48-54

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—