06156.1-7

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

LORDS amendments to the
Natural Environment and Rural Communities Bill
[The page and line references are to HL Bill 23, the bill as first printed for the Lords.]
Clause 2
1
Page 2, line 15, at end insert—

“( )
The purpose in subsection (2)(e) may, in particular, be carried out by

working with local communities.”
Clause 8
2
Page 4, line 25, leave out subsections (4) to (6)
Clause 11
3
Page 5, line 17, leave out “4” and insert “4(1) or (4)(a)”
Clause 15
4
Page 6, line 25, at end insert “as soon as is reasonably practicable after giving the

guidance”
Clause 16
5
Page 6, line 35, at end insert “as soon as is reasonably practicable after giving the

directions”
Clause 19
6
Page 7, line 29, leave out from “which” to “and” in line 30 and insert “relevant

persons’ policies are developed, adopted and implemented (by rural proofing or

otherwise)”
Clause 25
7
Page 8, line 28, at end insert “as soon as is reasonably practicable after giving the

directions”

Bill 156 54/1

(  2  )

Clause 38
8
Page 13, line 18, at end insert “as soon as is reasonably practicable after giving the

directions”
Clause 41
9
Page 15, line 12, at end insert “as soon as is reasonably practicable after revising it”
Clause 42
10
Page 15, line 28, at end insert “as soon as is reasonably practicable after revising it”
Clause 44
11
Page 16, line 23, leave out “for the purpose of ascertaining whether” and insert “if

he has reasonable grounds to suspect that he may find there evidence that”
12
Page 16, line 38, after “powers)” insert “other than paragraph 2A(1)(b) of that

Schedule”
13
Page 16, line 39, at end insert—

“(5)
Subsections (6) and (7) apply where an inspector seizes a substance under

subsection (1)(c).

(6)
The inspector must give to a person on the premises, or affix conspicuously

to some object on the premises, a notice stating—

(a)
what he has seized and the ground for seizing it, and

(b)
the address for service for any claim for the return of the substance.

(7)
The inspector—

(a)
may retain the substance for so long as is reasonably necessary for

the purposes of any investigation or proceedings in respect of an

offence under section 43;

(b)
subject to any order for forfeiture under section 43(5) or any claim

made within the relevant period by a person entitled to the return

of the substance, may retain the substance or, after the relevant

period, destroy or otherwise dispose of it.

(8)
“The relevant period” means the period ending 28 days after—

(a)
any proceedings in respect of an offence under section 43 are finally

determined, or

(b)
if no such proceedings are brought, the time for bringing such

proceedings expires.”
After Clause 44
14
Insert the following new Clause—

“Codes of practice

(1)
The Secretary of State may—

(a)
issue a code of practice in connection with any of the provisions of

section 44 or Schedule 2 to the Food and Environment Protection

Act 1985 (c. 48) as applied by section 44(4), and

(  3  )

(b)
revise or replace such a code.

(2)
An inspector must have regard to any relevant provision of a code when

discharging any function under any provision mentioned in subsection

(1)(a).

(3)
But an inspector’s failure to have regard to any provision of a code does not

make him liable to criminal or civil proceedings.

(4)
A code—

(a)
is admissible in evidence in any proceedings, and

(b)
must be taken into account by a court in any case in which it

appears to the court to be relevant.”
After Clause 54
15
Insert the following new Clause—


“Denotification

In section 28D of the 1981 Act (denotification), in subsection (1), for “no

longer” substitute “not”.”
16
Insert the following new Clause—


“Effect of failure to serve certain notices in connection with SSSIs

After section 70A of the 1981 Act insert—

“70B
Effect of failure to serve certain notices

(1)
This section applies where the relevant conservation body—

(a)
has (whether before or after the commencement of this

section) taken all reasonable steps to ensure that, under any

provision listed in subsection (2), notice is served on every

owner and occupier of any land to which the notice relates,

but

(b)
has failed to do so.

(2)
The provisions are—

(a)
section 28(1) (notification of SSSI);

(b)
section 28(5) (confirmation or withdrawal of notification of

SSSI);

(c)
section 28A(3) (notice varying notification under section 28);

(d)
section 28A(5) (notice confirming or withdrawing variation

of notification);

(e)
section 28B(2) (notification of additional land to be included

in SSSI);

(f)
section 28B(7) (confirmation or withdrawal of notification);

(g)
section 28C(2) (notification of enlargement of SSSI);

(h)
section 28C(3) (confirmation or withdrawal of notification

of enlargement);

(i)
section 28D(2) (denotification);

(j)
section 28D(5) (withdrawal or confirmation of

denotification);

(  4  )

(k)
section 28J(3) (notice of proposed management scheme);

(l)
section 28J(8) (withdrawal or confirmation of management

scheme).

(3)
The validity of the notice is not affected by the failure to serve it on

every owner and occupier of the land.

(4)
For the purposes of sections 28 to 28Q, the time when the notice is

to be treated as having been served is the time when the relevant

conservation body took the last of the steps referred to in subsection

(1)(a).

(5)
If the relevant conservation body becomes aware of its failure to

serve a notice on an owner or occupier, it must serve a copy of the

notice on that owner or occupier.

(6)
Nothing in subsection (3) or (4) renders the owner or occupier

liable—

(a)
in relation to anything done or omitted to be done before the

commencement of this section, or

(b)
under section 28P(1) or 28Q(4) in relation to anything done

or omitted to be done before the copy of the notice is served

under subsection (5).

(7)
“The relevant conservation body” means—

(a)
in relation to land in an area in England—

(i)
subject to sub-paragraph (ii), Natural England;

(ii)
in relation to any time before the commencement of

section 27AA, English Nature;

(b)
in relation to land in an area in Wales, the Countryside

Council for Wales.””
Before Clause 56
17
Insert the following new Clause—

“Criteria for designating National Parks

(1)
In section 5 of the National Parks and Access to the Countryside Act 1949

(c. 97) (criteria for designating National Parks), after subsection (2) insert—

“(2A)
Natural England may—

(a)
when applying subsection (2)(a) in relation to an area, take

into account its wildlife and cultural heritage, and

(b)
when applying subsection (2)(b) in relation to that area, take

into account the extent to which it is possible to promote

opportunities for the understanding and enjoyment of its

special qualities by the public.”

(2)
The amendment made by subsection (1) applies for the purposes of the

confirmation or variation on or after the day on which this section comes

into force of orders made before that day as it applies for the purposes of

the confirmation or variation of orders made on or after that day.”
Clause 56
18
Page 22, line 5, leave out from first “the” to “as” and insert “1949 Act”

(  5  )

After Clause 60
19
Insert the following new Clause—


“Emergency financial assistance

(1)
Amend section 155(4) of the Local Government and Housing Act 1989

(c. 42) (authorities eligible for emergency financial assistance) as follows.

(2)
After paragraph (h) insert—

“(i)
a National Park authority; or

(j)
the Broads Authority.”

(3)
Omit “or” preceding paragraph (h).”
Clause 62
20
Page 25, line 19, leave out from “byway” to end of line 22
21
Page 25, line 24, at end insert—

“( )
it is over a way whose main lawful use by the public during the

period of 5 years ending with commencement was use for

mechanically propelled vehicles,”
22
Page 25, line 25, at beginning insert “immediately before commencement”
23
Page 25, line 36, leave out subsection (3) and insert—

“(3)
Subsection (1) does not apply to an existing public right of way over a way

if—

(a)
before the relevant date, an application was made under section

53(5) of the Wildlife and Countryside Act 1981 (c. 69) for an order

making modifications to the definitive map and statement so as to

show the way as a byway open to all traffic,

(b)
before commencement, the surveying authority has made a

determination under paragraph 3 of Schedule 14 to the 1981 Act in

respect of such an application, or

(c)
before commencement, a person with an interest in land has made

such an application and, immediately before commencement, use

of the way for mechanically propelled vehicles—

(i)
was reasonably necessary to enable that person to obtain

access to the land, or

(ii)
would have been reasonably necessary to enable that

person to obtain access to a part of that land if he had had an

interest in that part only.

(3A)
“The relevant date” means—

(a)
in relation to England, 20th January 2005;

(b)
in relation to Wales, 19th May 2005.

(3B)
Where, immediately before commencement, the exercise of an existing

public right of way to which subsection (1) applies—

(a)
was reasonably necessary to enable a person with an interest in land

to obtain access to the land, or

(b)
would have been reasonably necessary to enable that person to

obtain access to a part of that land if he had had an interest in that

part only,

(  6  )


the right becomes a private right of way for mechanically propelled

vehicles for the benefit of the land or (as the case may be) the part of the

land.

(3C)
For the purposes of subsection (3), an application under section 53(5) of the

1981 Act is made when it is made in accordance with paragraph 1 of

Schedule 14 to that Act.

(3D)
For the purposes of subsections (3)(c)(i) and (3B)(a), it is irrelevant whether

the person was, immediately before commencement, in fact—

(a)
exercising the existing public right of way, or

(b)
able to exercise it.”
24
Page 25, line 44, at end insert—

“( )
Any provision made by virtue of section 48(9) of the Countryside and

Rights of Way Act 2000 (c. 37) has effect subject to this section.”
After Clause 62
25
Insert the following new Clause—

“Presumed dedication of restricted byways and use by pedal cycles etc.

(1)
Amend section 31 of the Highways Act 1980 (c. 66) (dedication of highway

presumed after public use for 20 years) as follows.

(2)
After subsection (1) insert—

“(1A)
Subsection (1)—

(a)
is subject to section 61 of the Natural Environment and

Rural Communities Act 2005 (dedication by virtue of use for

mechanically propelled vehicles no longer possible), but

(b)
applies in relation to the dedication of a restricted byway by

virtue of use for non-mechanically propelled vehicles as it

applies in relation to the dedication of any other description

of highway which does not include a public right of way for

mechanically propelled vehicles.”

(3)
After subsection (10) insert—

“(10A)
Nothing in subsection (1A) affects the obligations of the highway

authority, or of any other person, as respects the maintenance of a

way.”

(4)
After subsection (11) insert—

“(12)
For the purposes of subsection (1A) “mechanically propelled

vehicle” does not include a vehicle falling within section 189(1)(c) of

the Road Traffic Act 1988 (electrically assisted pedal cycle).””
26
Insert the following new Clause—

“Presumed dedication and applications under section 53(5) of the 1981 Act

(1)
In section 31 of the 1980 Act, after subsection (7) insert—

“(7A)
Subsection (7B) applies where the matter bringing the right of the

public to use a way into question is an application under section

(  7  )

53(5) of the Wildlife and Countryside Act 1981 for an order making

modifications so as to show the right on the definitive map and

statement.

(7B)
The date mentioned in subsection (2) is to be treated as being the

date on which the application is made in accordance with

paragraph 1 of Schedule 14 to the 1981 Act.”

(2)
The applications in relation to which the amendments made by subsection

(1) apply include any application under section 53(5) of the Wildlife and

Countryside Act 1981 (c. 69) which falls within section 62(3)(a), (b) or (c).”
Clause 63
27
Page 26, line 2, leave out subsections (1) and (2) insert—

“(1)
In section 53(3) of the Wildlife and Countryside Act 1981 (c. 69)

(modification of definitive map and statement in consequence of certain

events)—

(a)
in paragraph (b) (expiration of period raising a presumption of

dedication), after “public path” insert “or restricted byway”, and

(b)
in paragraph (c)(i) (discovery of evidence of right of way), after

“public path” insert “, a restricted byway”.

(2)
Amend section 34 of the Road Traffic Act 1988 (c. 52) (prohibition of

driving mechanically propelled vehicles elsewhere than on roads) as

follows.

(2A)
In subsection (2), omit “(subject to section 34A of this Act)”.

(2B)
After subsection (2) insert—

“(2A)
It is not an offence under this section for a person with an interest

in land, or a visitor to any land, to drive a mechanically propelled

vehicle on a road if, immediately before the commencement of

section 47(2) of the Countryside and Rights of Way Act 2000, the

road was—

(a)
shown in a definitive map and statement as a road used as

a public path, and

(b)
in use for obtaining access to the land by the driving of

mechanically propelled vehicles by a person with an

interest in the land or by visitors to the land.”

(2C)
In subsection (6), for “and section 34A of this Act do” substitute “does”.

(2D)
In subsection (7), insert at the appropriate place in the alphabetical order—

““interest”, in relation to land, includes any estate in land and

any right over land (whether exercisable by virtue of the

ownership of an estate or interest in the land or by virtue of

a licence or agreement) and, in particular, includes rights of

common and sporting rights;”.

(2E)
After subsection (7) insert—

“(8)
A person—

(a)
entering any land in exercise of rights conferred by virtue of

section 2(1) of the Countryside and Rights of Way Act 2000,

or