06156.8-12

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

(  8  )

(b)
entering any land which is treated by section 15(1) of that

Act as being accessible to the public apart from that Act,


is not for the purposes of subsection (2A) a visitor to the land.””
Clause 68
28
Page 29, line 3, leave out from “must” to end of line 14 and insert “provide the

Council with such staff, accommodation, services and other facilities as appear to

the Secretary of State and the Scottish Ministers to be necessary or expedient for

the proper performance of the Council’s functions.”
Clause 74
29
Page 31, line 26, leave out “or give guidance or directions” and insert “, give

directions or guidance or issue codes of practice”
Clause 76
30
Page 32, line 9, leave out subsection (1) and insert—

“(1)
The fact that a function is conferred by or under this Act or an Act passed

after the passing of this Act does not prevent it from being the subject of an

agreement.”
31
Page 32, line 38, leave out “that section” and insert “section 77”
Clause 88
32
Page 37, line 21, at end insert “as soon as is reasonably practicable after giving the

directions”
Before Clause 92
33
Insert the following new Clause—

“Natural beauty in the countryside

The fact that an area in England or Wales consists of or includes—

(a)
land used for agriculture or woodlands,

(b)
land used as a park, or

(c)
any other area whose flora, fauna or physiographical features are

partly the product of human intervention in the landscape,

does not prevent it from being treated, for the purposes of any enactment

(whenever passed), as being an area of natural beauty (or of outstanding

natural beauty).”
Clause 94
34
Page 40, line 34, leave out subsection (4)
Clause 99
35
Page 42, line 10, at beginning insert “In”
36
Page 42, line 10, after “Broads)” insert—

(  9  )

“(a)
section (Criteria for designating National Parks) (criteria for

designating National Parks) comes into force at the end of the

period of two months beginning with the day on which this Act is

passed, and

(b)
the other provisions”
37
Page 42, line 27, after “miscellaneous)” insert “—

(a)
section (Natural beauty in the countryside) (natural beauty in the

countryside) comes into force at the end of the period of two

months beginning with the day on which this Act is passed, and

(b)
”
Schedule 1
38
Page 46, line 6, leave out “applies” and insert “can apply”
Schedule 2
39
Page 49, line 37, leave out “applies” and insert “can apply”
Schedule 5
40
Page 63, line 20, at end insert—

“Part 3

Codes of practice

12  (1)
The Secretary of State may—

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

of sections 18A to 18F of the 1981 Act (including any of those

provisions as applied by Part 2 of this Schedule), and

(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 of the provisions mentioned in sub-

paragraph (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.”
41
Page 63, line 20, at end insert—

“Part 4

Constable’s search warrant power extended to certain other Acts

13  (1)
Section 19(3) of the 1981 Act (issue of search warrants for purpose of

obtaining evidence of offence) applies in relation to an offence under

each of the Acts mentioned in sub-paragraph (2) as it applies in relation

to an offence under Part 1 of the 1981 Act.

(  10  )

      (2)
The Acts are—

(a)
the Destructive Imported Animals Act 1932 (c. 12);

(b)
the Conservation of Seals Act 1970 (c. 30);

(c)
the Deer Act 1991 (c. 54);

(d)
the Protection of Badgers Act 1992 (c. 51).”
Schedule 7
42
Page 65, line 30, at end insert—

“1A
A joint committee of two or more local authorities which is discharging,

in relation to an area of outstanding natural beauty, functions of those

authorities under sections 89 and 90 of the Countryside and Rights of

Way Act 2000 (c. 37).”
Schedule 9
43
Page 68, line 3, at end insert—

“4A
Developing, promoting, marketing or operating—

(a)
standards relating to the quality of products, or

(b)
systems for the classification of products.

4B
Developing, reviewing or operating schemes for the certification of

products or of operations connected with production or supply of

products.”
44
Page 68, line 6, leave out from beginning to “in” in line 7 and insert—

“6
Providing or promoting the provision of—

(a)
training for persons engaged in or proposing to be engaged”
45
Page 68, line 33, leave out paragraph 15
Schedule 10
46
Page 69, line 2, at end insert—

“Acting through subsidiaries

    (1)
A section 80 order may include provision—

(a)
enabling the board to establish subsidiaries, and

(b)
enabling or requiring the board to carry out specified functions

through subsidiaries.

      (2)
“Subsidiary” means a subsidiary as defined by section 736 of the

Companies Act 1985 (c. 6) or Article 4 of the Companies (Northern

Ireland) Order 1986 (S.I. 1986/1032 (N.I. 6)).”
47
Page 69, line 15, leave out paragraph (b)
48
Page 69, line 20, at end insert—

    “( )
But a section 80 order may not include provision by virtue of sub-

paragraph (1) conferring power to enter a dwelling.”
49
Page 69, line 26, after “by” insert “, or on behalf of,”

(  11  )
50
Page 70, line 5, leave out paragraph (b)
51
Page 70, line 16, after “purpose” insert “or purposes”
52
Page 70, line 17, at end insert—

“Power to charge for services

4A
A section 80 order may provide that the board (or a subsidiary of the

board) may make such charges for any services as appear to the board

(or subsidiary) to be reasonable.

Incidental powers

4B  (1)
A section 80 order may include provision enabling the board to do

anything that appears to it to be conducive or incidental to the discharge

of its functions.

      (2)
The order may, in particular, provide that the board may—

(a)
enter into agreements;

(b)
acquire or dispose of property;

(c)
raise funds by means of voluntary contributions;

(d)
accept gifts.

      (3)
The power to make provision falling within sub-paragraph (2)(c) applies

whether or not the order also makes provision under paragraph 4

(levies).”
53
Page 70, line 18, leave out from beginning to end of line 21 and insert—

“Approval of appropriate authority, consultation etc.

5    (1)
A section 80 order may include provision making the exercise of a

specified function or description of functions conferred on the board—

(a)
subject to the approval of the appropriate authority, or

(b)
subject to any other conditions.

      (2)
The provision that may be made by virtue of sub-paragraph (1)(b)

includes, in particular—

(a)
provision requiring the board to be satisfied, before a levy is—

(i)
imposed, or

(ii)
terminated,


that the imposition or termination of the levy is desired by a

substantial number of the persons who would be or are affected

by the levy;

(b)
provision requiring ballots to be conducted, in such

circumstances as may be specified in the order, for the purpose of

ascertaining the views of persons who would be or are affected

by a levy;

(c)
provision requiring the board to consult a specified person or a

description of persons before exercising a specified function or

description of functions.”
54
Page 70, line 33, at end insert “or an authorised officer”
55
Page 70, line 34, leave out sub-paragraph (2) and insert—

(  12  )

    “(2)
If a section 80 order creates an offence by virtue of sub-paragraph (1), the

order—

(a)
must provide for the offence to be triable only summarily, and

(b)
may not provide for the offence to be punishable with

imprisonment.

      (3)
A section 80 order—

(a)
may make provision enabling proceedings for an offence under

the order to be brought within the period of 6 months beginning

with the date on which evidence sufficient in the opinion of the

prosecutor to warrant the proceedings came to his knowledge,

but

(b)
may not authorise the commencement of proceedings for such an

offence more than 2 years after the date on which the offence was

committed.”
Schedule 11
56
Page 83, line 11, after “Wales” insert “(including their adjacent territorial waters)”
57
Page 83, line 14, after “Wales” insert “(including their adjacent territorial waters)”
58
Page 84, line 10, at end insert—

  “( )
Sub-paragraph (3) extends to England and Wales (including their

adjacent territorial waters) only.”
59
Page 84, line 16, leave out “33” and insert “34”
60
Page 84, line 17, after “interest” insert “and limestone pavements”
61
Page 84, line 38, leave out “in England”
62
Page 84, line 39, leave out from “area” to end of line 2 on page 85
63
Page 85, line 3, after ““the” insert “Council and the”
Schedule 12
64
Page 100, line 3, at end insert—

“Local Government and
In section 155(4), “or” preceding paragraph (h).”

Housing Act 1989 (c. 42)