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



(  8  )



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


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


Page 31, line 26, leave out “or give guidance or directions” and insert “, give


directions or guidance or issue codes of practice”

Clause 76


Page 32, line 9, leave out subsection (1) and insert—



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




Page 32, line 38, leave out “that section” and insert “section 77”

Clause 88


Page 37, line 21, at end insert “as soon as is reasonably practicable after giving the



Before Clause 92


Insert the following new Clause—


“Natural beauty in the countryside


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



land used for agriculture or woodlands,



land used as a park, or



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


Page 40, line 34, leave out subsection (4)

Clause 99


Page 42, line 10, at beginning insert “In”


Page 42, line 10, after “Broads)” insert—



(  9  )



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



the other provisions”


Page 42, line 27, after “miscellaneous)” insert “—



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



Schedule 1


Page 46, line 6, leave out “applies” and insert “can apply”

Schedule 2


Page 49, line 37, leave out “applies” and insert “can apply”

Schedule 5


Page 63, line 20, at end insert—


“Part 3


Codes of practice


12  (1)  

The Secretary of State may—



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



revise or replace such a code.



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).



But an inspector’s failure to have regard to any provision of a code does


not make him liable to criminal or civil proceedings.



A code—



is admissible in evidence in any proceedings, and



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


appears to the court to be relevant.”


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  )



The Acts are—



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



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



the Deer Act 1991 (c. 54);



the Protection of Badgers Act 1992 (c. 51).”

Schedule 7


Page 65, line 30, at end insert—



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


Page 68, line 3, at end insert—



Developing, promoting, marketing or operating—



standards relating to the quality of products, or



systems for the classification of products.



Developing, reviewing or operating schemes for the certification of


products or of operations connected with production or supply of




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



Providing or promoting the provision of—



training for persons engaged in or proposing to be engaged”


Page 68, line 33, leave out paragraph 15

Schedule 10


Page 69, line 2, at end insert—


“Acting through subsidiaries



A section 80 order may include provision—



enabling the board to establish subsidiaries, and



enabling or requiring the board to carry out specified functions


through subsidiaries.



“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)).”


Page 69, line 15, leave out paragraph (b)


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.”


Page 69, line 26, after “by” insert “, or on behalf of,”



(  11  )


Page 70, line 5, leave out paragraph (b)


Page 70, line 16, after “purpose” insert “or purposes”


Page 70, line 17, at end insert—


“Power to charge for services



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.



The order may, in particular, provide that the board may—



enter into agreements;



acquire or dispose of property;



raise funds by means of voluntary contributions;



accept gifts.



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


whether or not the order also makes provision under paragraph 4




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—



subject to the approval of the appropriate authority, or



subject to any other conditions.



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


includes, in particular—



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



imposed, or






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;



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;



provision requiring the board to consult a specified person or a


description of persons before exercising a specified function or


description of functions.”


Page 70, line 33, at end insert “or an authorised officer”


Page 70, line 34, leave out sub-paragraph (2) and insert—



(  12  )



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





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



may not provide for the offence to be punishable with





A section 80 order—



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,





may not authorise the commencement of proceedings for such an


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



Schedule 11


Page 83, line 11, after “Wales” insert “(including their adjacent territorial waters)”


Page 83, line 14, after “Wales” insert “(including their adjacent territorial waters)”


Page 84, line 10, at end insert—


  “( )  

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


adjacent territorial waters) only.”


Page 84, line 16, leave out “33” and insert “34”


Page 84, line 17, after “interest” insert “and limestone pavements”


Page 84, line 38, leave out “in England”


Page 84, line 39, leave out from “area” to end of line 2 on page 85


Page 85, line 3, after ““the” insert “Council and the”

Schedule 12


Page 100, line 3, at end insert—


Local Government and

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


Housing Act 1989 (c. 42)


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

© Parliamentary copyright 2006
Revised 28 March 2006