Memorandum from the Department for Environment,
Food and Rural Affairs
2002 (S.I. 2002/80)
1. The Order was made on 17 January 2002 and came
into force on 18 January 2002. This Memorandum explains why the
"21 day rule" was not complied with.
2. The Order prevents certain land which is within
the Peak District National Park and consists of, or includes,
moor or heath from being damaged by ploughing or other specified
3. The Department understands that the Peak District
National Park Authority became aware in the course of the preceding
two weeks of several small areas of land in the National Park
being damaged by ploughing and other agricultural operations.
On 15 January the National Park Authority became aware of a major
incident in which 18 hectares of moor were damaged. The National
Park Authority believes that other landowners were also considering
undertaking such operations, with the likelihood of other areas
of moor in the National Park being damaged. Accordingly, on 16
January, the National Park Authority requested that an order under
section 42 of the Act be made.
4. It was decided, having considered the terms of
section 42 were met, to make an order immediately to come into
effect the following day so as to stop further land being damaged
by agricultural operations.
5. The National Park Authority have alerted local
radio and television and are informing the Country Landowners
Association, National Farmers Union and those landowners they
believe to be contemplating ploughing or similar operations. They
are giving notice of the order in local newspapers and disseminating
information through their ranger service.
21 January 2002
Further Memorandum from
the Department for Environment, Food and Rural Affairs
2002 (S.I. 2002/80)
1. The Committee asked whether the Department has
notified the Lord Chancellor and the Speaker of the House of Commons
that the above Order had come into force before being laid in
accordance with section 4(1) of the Statutory Instrument Act 1946.
2. The Order was made on the evening of 17 January,
and came into force at the beginning of 18 January. The Order
was laid on the morning of 18 January when the Votes and Proceedings
Office in the House of Commons and the Printed Paper Office in
the House of Lords opened.
3. The Department acknowledges that on this occasion
the Speaker and the Lord Chancellor were not notified in accordance
with the Statutory Instrument Practice. The Department apologises
for this administrative oversight, and has today written to the
Speaker and Lord Chancellor on the subject. Copies of these letters
are included for the information of the Committee.
8 February 2002