Marine and Coastal Access Bill [HL]—
Amendments to be debated in the House of Lordscontinued

House of Lords

back to previous amendments

 

Clause 126

 

LORD TAYLOR OF HOLBEACH

 

EARL CATHCART

A186Page 77, line 1, leave out subsection (2)
 

LORD TAYLOR OF HOLBEACH

 

EARL CATHCART

 

LORD GREENWAY

A187Page 77, line 1, leave out "the MMO thinks"
A188Page 77, line 7, leave out "the MMO thinks"
A189Page 77, line 16, leave out "the MMO thinks"
A190Page 77, line 28, leave out "the MMO thinks that"
 

Clause 127

 

LORD TAYLOR OF HOLBEACH

 

EARL CATHCART

 

LORD GREENWAY

A191Page 77, line 31, leave out "the MMO thinks that"
A192Page 77, line 40, leave out "the MMO thinks"
 

LORD GREENWAY

A193Page 78, line 14, at end insert "and (8)"
 

Clause 128

 

LORD TAYLOR OF HOLBEACH

 

EARL CATHCART

 

LORD GREENWAY

A194Page 78, line 18, leave out "the MMO thinks"
A195Page 78, line 35, leave out "the MMO thinks"
 

LORD GREENWAY

A196Page 79, line 16, at end insert—
"(   )  Before making an order under section 113, the Secretary of State shall give any person likely to be affected the opportunity of making representations."
 

Clause 129

 

LORD TAYLOR OF HOLBEACH

 

EARL CATHCART

 

LORD GREENWAY

A197Page 79, line 24, leave out "the MMO thinks"
 

Clause 135

 

LORD TAYLOR OF HOLBEACH

 

EARL CATHCART

A198Page 82, line 33, leave out subsection (2)
 

BARONESS YOUNG OF OLD SCONE

A199Page 82, line 33, leave out subsection (2) and insert—
"(2)  A person who is guilty of an offence under this section is liable—
(a)  on summary conviction, to a fine not exceeding £50,000;
(b)  on conviction on indictment, to a fine."
A200[Withdrawn]
 

Clause 136

 

BARONESS YOUNG OF OLD SCONE

A201Page 83, line 4, leave out paragraphs (b) and (c)
 

LORD TAYLOR OF HOLBEACH

 

EARL CATHCART

 

BARONESS YOUNG OF OLD SCONE

A202Page 83, line 11, after "intentionally" insert "or recklessly"
A203Page 83, line 11, after "injures" insert "or disturbs"
A204Page 83, line 13, after "intentionally" insert "or recklessly"
A205Page 83, line 15, after "intentionally" insert "or recklessly"
A206Page 83, line 17, after "intentionally" insert "or recklessly"
 

BARONESS MILLER OF CHILTHORNE DOMER

 

LORD GREAVES

A207Page 83, line 28, at end insert—
"(6)  In this section "animal" includes invertebrates and any egg, larva, or other immature stage of an animal."
 

Clause 137

 

LORD GREENWAY

A208Page 83, line 40, after "vessel" insert "or cargo"
A209Page 83, line 41, after "to" insert "or by"
 

LORD TAYLOR OF HOLBEACH

 

EARL CATHCART

 

BARONESS YOUNG OF OLD SCONE

A210Page 84, line 1, leave out subsection (3)
 

LORD HUNT OF KINGS HEATH

A211Page 84, line 8, leave out "prohibited" and insert "protected"
 

LORD TAYLOR OF HOLBEACH

 

EARL CATHCART

 

LORD GREENWAY

A212Page 84, line 10, leave out subsection (4)
A213Page 84, leave out lines 15 to 18
 

After Clause 137

 

LORD TAYLOR OF HOLBEACH

 

EARL CATHCART

 

LORD GREENWAY

A214Insert the following new Clause—
  "Reasonable precautions
  In any proceedings for an offence under section 135, it is a defence for the person charged ("the defendant") to prove that the defendant took all reasonable precautions and exercised all due diligence to avoid the commission of the offence."
A215[Withdrawn]
A216[Withdrawn]
 

Before Clause 138

 

BARONESS MILLER OF CHILTHORNE DOMER

 

LORD GREAVES

A217Insert the following new Clause—
  "Simple and conditional cautions
(1)  The appropriate enforcement authority shall have the power to issue cautions.
(2)  Conditional cautions shall have the same meaning as defined under section 22 of the Criminal Justice Act 2003 (c. 44) (conditional cautions)."
 

Clause 138

 

LORD TAYLOR OF HOLBEACH

 

EARL CATHCART

A217APage 84, line 30, leave out subsection (4)
 

Clause 139

 

LORD HUNT OF KINGS HEATH

A218Page 85, line 32, leave out "it was" and insert "the penalty is proposed to be"
 

Schedule 11

 

LORD HUNT OF KINGS HEATH

A219Page 257, line 23, at end insert—
"(2)      The amendment by this paragraph of a provision contained in subordinate legislation is without prejudice to any power to amend that provision by subordinate legislation."
 

Schedule 12

 

LORD HUNT OF KINGS HEATH

A220Page 258, line 7, leave out paragraph 5
 

Clause 143

 

LORD TAYLOR OF HOLBEACH

 

EARL CATHCART

A221Page 86, line 33, at end insert—
 ""appropriate statutory body" means any body which is the appropriate statutory conservation body or which, in relation to the area in question, has a statutory function relating to climate change or security of energy supply;"
A222Page 86, line 39, at end insert—
 ""disturbance" means physical interference or exposure to acoustic or light pollution that may disrupt behaviour, cause injury or stress;"
 

LORD TAYLOR OF HOLBEACH

 

EARL CATHCART

 

LORD GREENWAY

A223Page 87, line 7, at end insert "but excludes the English offshore region"
 

LORD GREENWAY

A224Page 87, leave out lines 15 to 17
A225Page 87, line 35, at end insert ", and
(d)  "recreational vessel" means any vessel designed or used for any recreational or sporting purpose (whether or not as part of a commercial enterprise);"
 

LORD TAYLOR OF HOLBEACH

 

EARL CATHCART

 

LORD GREENWAY

A226Page 87, line 36, at end insert "but excludes the Welsh offshore region"
 

Schedule 13

 

BARONESS MILLER OF CHILTHORNE DOMER

 

LORD GREAVES

A227Page 262, line 26, leave out paragraph 9
 

Clause 145

 

LORD TAYLOR OF HOLBEACH

 

EARL CATHCART

A228Page 88, line 14, at end insert—
"(   )  In establishing an IFC district under subsection (1), the Secretary of State shall have regard to the nature of the coastline."
 

Clause 147

 

LORD WALLACE OF TANKERNESS

 

LORD GREAVES

A228APage 89, line 3, leave out paragraph (c) and insert—
"(c)  a person representing Natural England,
(b)  a person representing the Environment Agency, and
(e)  other persons, provided that in respect of the total number of persons appointed as members of the authority by virtue of paragraphs (b) to (e) of this subsection, there shall be equal numbers of—
(i)  persons acquainted with the needs and opinions of the fishing communities of the district, and
(ii)  persons with knowledge of, or expertise in, marine environmental matters"
A228BPage 89, line 7, leave out "community" and insert "communities"
 

LORD TAYLOR OF HOLBEACH

 

EARL CATHCART

A229Page 89, line 10, leave out subsection (3)
 

LORD HUNT OF KINGS HEATH

A230Page 89, line 10, leave out from "as" to end of line 12 and insert "to—
(a)  add descriptions of persons who may be appointed by virtue of subsection (1)(b) as members of an IFC authority;
(b)  vary or remove any descriptions added by virtue of paragraph (a)."
 

LORD GREAVES

 

LORD TYLER

A230A*Page 189, line 20, at end insert "provided that the number of members falling within paragraph (a) shall form a majority,"
A230B*Page 89, line 23, leave out from "council" to end of line 24
A230C*Page 89, line 24, at end insert—
"(   )  that each member who is a member of a relevant council shall be appointed by that council;"
A230D*Page 89, leave out line 26
A230E*Page 90, line 13, leave out "physiographical" and insert "geomorphological"
 

BARONESS MILLER OF CHILTHORNE DOMER

 

LORD GREAVES

A231Page 90, line 15, leave out first "or" and insert "and"
 

Clause 149

 

BARONESS YOUNG OF OLD SCONE

A232Page 90, line 42, at end insert—
"(   )  promote sustainable development in the marine environment,
(   )  further the conservation of the marine environment,"
 

LORD TAYLOR OF HOLBEACH

 

EARL CATHCART

A232ZAPage 91, line 1, leave out paragraph (b) and insert—
"(   )  seek to balance the social and economic benefits of exploiting the sea fisheries resources of the district in that way with the protection of the marine environment from, and the promotion of its recovery from, the effects of such exploitation including past exploitation,
(   )  seek to further the conservation and recovery of marine flora and fauna in the district, and"
 

LORD WALLACE OF TANKERNESS

 

LORD GREAVES

A232A*Page 91, line 4, after "exploitation," insert "including past exploitation,
(ba)  seek to further the conservation and recovery of marine flora and fauna in the district,"
 

LORD TAYLOR OF HOLBEACH

 

EARL CATHCART

 

LORD DEAR

A233Page 91, line 8, after the first "to" insert—
(a)  the conservation needs of species of fish falling within subsection (7); and
(b)  "
 

LORD WALLACE OF TANKERNESS

 

LORD GREAVES

 

LORD TAYLOR OF HOLBEACH

 

EARL CATHCART

A233APage 91, line 21, after "Chapter" insert "—
(a)  "
A233BPage 91, line 22, after "sea" insert "or the seashore"
A233CPage 91, line 23, at end insert ", and
(b)  "marine flora and fauna" includes flora and fauna (including birds) which are dependent on, or associated with, a marine or coastal environment for part or all of their lives or whilst migrating"

 
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10 March 2009