Marine and Coastal Access Bill [HL]
ELEVENTH
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN COMMITTEE
The amendments have been marshalled in accordance with the Instruction of 17th December 2008, as follows—
Clauses 287 to 294
Schedule 19
Clauses 295 to 305
Schedule 20 | Clauses 306 to 311
Schedule 21
Clauses 312 to 315 |
[Amendments marked * are new or have been altered]
Amendment
No.
| A282ZA | Page 175, line 3, at end insert— |
| "( ) | They must have regard to the desirability of commissioning any relevant local authorities to exercise any functions under this Part including, in particular— |
| (a) | the delineation of the coastal route; |
| (b) | the delineation of any alternative route; |
| (c) | the demarcation of the coastal margin; and |
| (d) | the provision of suitable facilities." |
| A282A | Page 175, line 4, leave out subsection (4) and insert— |
| "(4) | References to a person having a relevant interest in land shall have the same meaning as that in section 45 of the CROW Act (interpretation of Part I)." |
| A282B | Page 175, line 5, leave out from "holds" to third "in" and insert "a legal estate or legal interest" |
| A282C | Page 175, line 6, leave out paragraph (b) |
| A284 | Page 175, line 10, leave out "approach it will take" and insert "procedures and policies it will follow" |
| A286 | Page 175, line 12, at end insert— |
| "( ) | The coastal access scheme must require that Natural England discharges the coastal access duty by means of preparing reports under section 51 of the 1949 Act." |
| A287 | Page 175, line 14, at beginning insert "by order" |
| A288 | Page 175, line 16, at end insert— |
| "( ) | The Secretary of State must lay any scheme approved under subsection (2)(a) before both Houses of Parliament." |
| A289 | Page 175, line 16, at end insert— |
| "(2A) | The Secretary of State shall give his reasons for his approval of the scheme under subsection (2)(a), or for his rejection of the scheme under subsection (2)(b)." |
| A289ZA | Page 175, line 16, at end insert— |
| "(2B) | If the Secretary of State rejects the scheme under subsection (2)(b), he shall notify Natural England of his reasons." |
| A289A | Page 175, line 18, leave out "a" and insert "the" |
| A290 | Page 175, line 19, leave out "specified in" and insert "of 12 months beginning with the date of" |
| A291 | Page 175, line 20, leave out "a" and insert "the" |
| A292 | Page 175, line 21, at end insert— |
| "( ) | The Secretary of State must lay before Parliament a copy of the scheme approved under this section and, where that scheme is revised, a copy of the revised scheme." |
| A293 | Page 175, line 22, leave out "a" and insert "the" |
| A294 | Page 175, line 23, after "must" insert "publish its intention to do so and" |
| A295 | Page 175, line 23, after "consult" insert "— |
| (a) | any charity or organisation which would be affected by the scheme; |
| A295A | Page 175, line 23, at end insert "and shall put the proposed scheme or any revised scheme out to public consultation" |
| A296 | Page 175, line 23, at end insert— |
| "( ) | Such persons must include representatives of— |
| (a) | persons with a relevant interest in coastal land within the meaning of section 287(4), |
| (c) | relevant recreational users and conservation interests, and |
| A297 | Page 175, line 24, leave out subsection (6) and insert— |
| "( ) | Natural England must publish the scheme or a revised scheme before submitting it to the Secretary of State. |
| ( ) | Where the Secretary of State approves either the scheme or a revised scheme with modifications or without modifications, Natural England must publish that scheme as soon as reasonably practicable." |
| A298 | Page 175, line 24, leave out "publish, as soon as reasonably practicable—" and insert ", as soon as reasonably practicable, publish in such manner as it considers appropriate—" |
| A299 | Page 175, line 26, at end insert ", and |
| (c) | the reasons given by the Secretary of State under subsection (2A)" |
| A299A | Page 175, line 26, at end insert ", and |
| (c) | any reasons given by the Secretary of State under subsection (2B)" |
| A300 | Page 175, line 31, leave out "or 55" |
| A301 | Page 175, line 34, at end insert ", carrying out any other research, or undertaking any consultations and discussions with any persons or authorities" |
| A302 | Page 175, line 35, at end insert— |
| "(10) | The scheme shall make provision for keeping dogs under close control when members of the public exercise the rights contained in this Act to access the land designated as the English coastal route under section 286 of this Act. |
| (11) | For the purpose of the scheme a dog is deemed to be kept under close control where the dog is in sight of the keeper, and the keeper is aware of the dog's actions, and can, where necessary, recall the dog so that it can return reliably and promptly to the keeper. |
| (12) | For the purpose of this section, "keeper" has the same meaning as in section 6 of the Animals Act 1971 (c. 22)." |
| A304 | Page 175, line 40, leave out "At least one" and insert "The first" |
| A305 | Page 175, line 40, leave out "3" and insert "5" |
| A306 | Page 175, line 41, at end insert— |
| "( ) | A review must be completed as soon as practicable following the completion of the English coastal route." |
| A307 | Page 176, line 5, after "including" insert— |
| A308 | Page 176, line 9, leave out paragraph (b) |
| A309 | Page 176, line 13, at end insert "or if it is possible to reach it by ferry" |
| A310 | Page 176, line 14, after "island" insert "or travel to it by ferry" |
| A311 | Page 176, line 18, leave out "long-distance" |
| A312 | Page 176, line 19, leave out "an extensive" and insert "a" |
| A316A | Page 176, line 35, leave out "(3)(b)" and insert "(3)" |
| A318A | Page 177, line 8, at end insert— |
| "( ) | the existence of any environmental designations; |
| | and must explain in a report published under section 55A of the 1949 Act how the recreational benefit to the public considered in paragraph (d) outweighs the other matters." |
| A319A | Page 177, line 14, leave out subsection (7) |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 291 stand part of the Bill. |
| A321 | Page 177, line 34, leave out "may" and insert "must" |
| A322 | Page 177, leave out line 36 |
| A323 | Page 177, line 39, at end insert— |
| "( ) | If the report is in relation to a part of the English coast where there is already an approved long-distance route, Natural England must in preparing the report have regard to the existence of that route and all relevant circumstances relating to it." |
| A324 | Page 177, line 39, at end insert— |
| "( ) | Before preparing a report, Natural England may enter into an arrangement with one or more relevant access authorities in which the authority or authorities, or persons employed by them, carry out some or all of the preparatory work on its behalf." |
| A325 | Page 178, line 6, after "route" insert "and any other way shown on a definitive map that falls within the route" |
| A326 | Page 178, line 9, leave out "may" and insert "is likely within the next ten years to" |
| A326A | Page 178, leave out lines 14 to 16 |
| A327 | Page 178, line 15, after "route" insert "and any way shown on a definitive map" |
| A328 | Page 178, line 19, after "route" insert "and any way shown on a definitive map" |
| A328A | Page 178, line 25, leave out "or" |
| A329 | Page 178, line 27, leave out from "processes" to end of line 28 |
| A330 | Page 178, line 28, at end insert ", or |
| (c) | subject to significant physical change as a result of actions by the Agency or any other public body" |
| A331 | Page 178, line 32, leave out "may" and insert "shall, where appropriate," |
| A332 | Page 178, line 32, after first "route" insert "and any way shown on a definitive map that falls within the route" |
| A333 | Page 178, line 36, leave out from "during" to end of line 37 |
| A334 | Page 178, line 40, at end insert ", and |
| (c) | any time of the day or longer period during which a ferry which forms part of the ordinary route is not operating" |
| A335 | Page 178, line 43, leave out from first "part" to end of line 2 on page 179 |
| A336 | Page 179, leave out lines 3 to 9 |
| A336A | Page 179, leave out lines 16 to 18 |
| A336B | Page 179, line 20, leave out "landward or" |
| A336C | Page 179, line 23, leave out "landward or" |
| A336D | Page 179, line 25, at end insert— |
| "(2A) | Where a proposal under subsection (2) relates to a physical feature that is a cliff or rockface, the boundary shall be drawn so as to include that feature within the area of coastal margin." |
| A337 | Page 179, line 31, leave out from beginning to end of line 9 on page 180 |
| A337A | Page 179, line 33, leave out "take reasonable steps to" |
| A338 | Page 179, line 33, after "consult" insert "all" |
| A338ZA | Page 179, line 37, at end insert— |
| "( ) | consult any charity or organisation which would be affected by those proposals," |
| A338A | Page 179, leave out lines 42 to 45 |
| A339 | Page 180, line 6, at end insert— |
| "(h) | consult those organisations set out in Schedule 6 to the Wildlife and Countryside (Definitive Maps and Statements) Regulations 1993" |
| A340 | Page 180, line 6, at end insert— |
| "(h) | consult any charity or organisation which would be affected by those proposals" |
| A341 | Page 180, line 25, at end insert— |
| "55DA | Consultation during preparation of report |
| (1) | In this section "coastal access report" means a report submitted under section 51 pursuant to the coastal access duty. |
| (2) | The Secretary of State shall by regulations— |
| (a) | require Natural England to advertise that they are preparing a coastal access report in relation to a section of coastline in England, |
| (b) | make provision for consultation to take place with— |
| (i) | each local authority and National Park authority for an area in which affected land is situated, |
| (ii) | persons who have a relevant interest in affected land, |
| (iii) | each local access forum for an area in which affected land is situated, |
| (iv) | the Historic Buildings and Monuments Commission for England, |
| (v) | the Environment Agency, |
| (vi) | representatives of relevant recreational users and conservation interests for an area in which affected land is situated and at national level, and |
| (vii) | such other persons as the Secretary of State may consider appropriate, |
| (c) | require that each authority referred to in paragraph (b)(i) shall provide to Natural England such information as it may reasonably request for the purposes of the report, |
| (d) | require Natural England to consider and have regard to all representations made as a result of advertisement under subsection (2)(a) and consultation under subsection (2)(b) in the preparation of their report and to make all such representations available for public inspection, |
| (e) | require Natural England to— |
| (i) | publish a draft report and advertise its publication, and |
| (ii) | consult the persons listed in subsection (2)(b) on that draft report, |
| (f) | make provision that Natural England— |
| (i) | must have regard to all representations made as a result of advertisement and consultation under subsection (2)(d), |
| (ii) | may amend and modify the report as a result of those representations or otherwise before submitting it to the Secretary of State. |
| (3) | Nothing in this section shall invalidate any work that Natural England has carried out in surveying, conducting any other research, or undertaking any consultations and discussions with any persons or authorities in relation to a section of coastline in England before the commencement of this section. |
| (4) | In this section "local authority" means— |
| (c) | a London borough council, |
| A342 | Page 180, line 29, leave out "may" and insert "shall" |
| A343 | Page 180, leave out lines 34 to 45 |
| A343A | Page 180, line 37, at end insert— |
| "( ) | any other principal local authority whose area includes the whole or part of the area to which the report relates, |
| ( ) | a parish council or parish meeting whose area includes the whole or part of the area to which the report relates," |
| A344 | Page 180, line 41, leave out "and" |
| A345 | Page 180, line 42, at end insert "and |
| ( ) | the Youth Hostels Association," |
| A346 | Page 180, line 42, at end insert— |
| "( ) | the British Association of Shooting and Conservation, |
| ( ) | the British Mountaineering Council, |
| ( ) | the Country Land and Business Association, |
| ( ) | the National Farmers' Union, |
| ( ) | the Open Spaces Society, and |
| 8 | ( ) the Ramblers' Association," |
| | [As an amendment to Amendment A346] |
| A347 | Line 8, at end insert— |
| "( ) | the Campaign for the Protection of Rural England, |
| ( ) | the Campaign for National Parks," |
| A348 | Page 180, line 42, at end insert— |
| "( ) | those organisations set out in Schedule 6 to the Wildlife and Countryside (Definitive Maps and Statements) Regulations 1993," |
| A349 | Page 180, line 42, at end insert— |
| "( ) | charities or organisations which would be affected by the regulations," |
| A349A | Page 180, line 42, at end insert— |
| "( ) | any person or body that Natural England considers to have a reasonable interest in the matter," |
| A349B | Page 180, line 42, at end insert— |
| "( ) | any resident of a local authority whose area includes the whole or part of the area to which the report relates," |
| A349C | Page 180, line 42, at end insert— |
| "( ) | any other body or person," |
| A350 | Page 181, leave out lines 2 to 18 |
| A350ZZA | Page 181, line 3, at end insert— |
| "(d) | the requirement that representations should be made on the question of whether the report fulfils— |
| (i) | the requirements of the coastal access duty in section 286, and |
| (ii) | the requirement of section 287." |
| A350ZA | Page 181, line 5, leave out "(2)(c)" and insert "(2)" |
| A350A | Page 181, line 9, at end insert— |
| "( ) | Where, in relation to a coastal access report, representations are made by persons who have a relevant interest in affected land in accordance with regulations made under subsection (2)(c), which include a request that the proposals set out in the report should include a map of the proposed coastal margin, Natural England must either submit such a map to the Secretary of State, or must submit a statement to the Secretary of State of its reasons for not acting in accordance with the request." |
| A350AA | Page 181, leave out lines 10 to 12 |
| A350AB | Page 181, leave out lines 17 and 18 and insert— |
| "(b) | whether to appoint a person to carry out an independent review of the report or any part of it. |
| (6A) | The Secretary of State must appoint a person to carry out an independent review under subsection (6)(b) where a representation made under subsection (6)(a)— |
| (a) | consists of an objection or proposal for modification of the coastal route or marginal land or any conditions relating to it, and |
| (b) | is made by a person with a relevant interest in affected land. |
| (6B) | The Secretary of State may appoint a person to carry out an independent review under subsection (6)(b) where— |
| (a) | a representation or comment made under subsection (6)(a) consists of a proposal for modification of the coastal route or marginal land or any conditions relating to it, |
| (b) | it is made by any person listed in subsection (2)(c) who is not a person with a relevant interest in affected land, or any other person or body whom the Secretary of State considers has a reasonable interest in the report, and |
| (c) | the Secretary of State considers that the representation or comment is of sufficient weight to merit further consideration. |
| (6C) | A review under subsection (6)(b)— |
| (a) | must consider all the representations that the Secretary of State refers for independent review that refer to a particular area of land, and |
| (b) | may consider representations that the Secretary of State refers for independent review that refer to different areas of land included in the report. |
| (6D) | An independent person conducting a review under subsection (6)(b) must— |
| (a) | publish details of the matter which is to be reviewed, |
| (b) | make provision for the persons and bodies listed in subsection (2)(c) to make any further representations in relation to that matter, and |
| (c) | make provision for the persons and bodies who make representations to Natural England about the land which is the subject of the review during the preparation of the report, or who made relevant representations to the Secretary of State, to make any further representations. |
| (6E) | The person conducting a review under subsection (6)(b) must— |
| (a) | recommend to the Secretary of State that no modifications should take place in relation to the matters that have been reviewed, or |
| (b) | refer the report back to Natural England with a recommendation that the modifications should be considered in relation to one or more of the matters that have been reviewed. |
| (6F) | When a report is referred back to Natural England under subsection (6E)(b), Natural England must prepare and submit a report to the Secretary of State (a "referral report") under the provisions of section 55A on those matters that are the subject of a recommendation from the independent review. |
| (6G) | A referral report may withdraw, modify or leave unchanged any proposals in the original report that have been considered by the independent review, but not otherwise. |
| (6H) | The provisions of this section (except for subsection (6)(b)) apply to a referral report." |
| A350B | Page 181, line 27, leave out "take reasonable steps to" |
| A351 | Page 181, line 28, after "land," insert— |
| "(ii) | take reasonable steps to notify those who have made representations to Natural England under subsection (2)(c)." |
| A351A | Page 181, line 28, leave out from "land" to end of line 32 |
| A351B | Page 181, line 28, leave out "or" and insert "and" |
| A351C | Page 181, line 29, leave out "if the Secretary of State considers it appropriate," |
| A351D | Page 181, line 37, at end insert— |
| "( ) | charities or voluntary organisations which would be affected by the regulations," |
| A352 | Page 181, line 44, at end insert— |
| "(f) | charities or voluntary organisations which would be affected by the regulations" |
| A353 | Page 181, line 44, at end insert— |
| (1) | Natural England shall review from time to time a coastal access report made under section 51 in discharging the coastal access duty. |
| (2) | A review under this section must be undertaken— |
| (a) | in the case of the first review, not more than 5 years after the issue of the report, and |
| (b) | in the case of subsequent reviews, not more than ten years after the previous review. |
| (3) | A review under this section may be requested by persons with a relevant interest. |
| (4) | If a request under subsection (3) is refused, Natural England shall publish an explanation of their reasons." |
| A354 | Page 181, line 44, at end insert— |
| "55EA | Independent appeal body |
| 34 | (1) The Secretary of State must by regulations establish an independent appeal body, to review appeals made under subsection (2). |
| 6 | (2) Any person having an interest in any land may appeal to the independent appeal body against— |
| (a) | the ordinary or alternative route or coastal margin; or |
| (b) | the proposals made under section 55D(3); |
| | set out in the report under section 51 prepared pursuant to the coastal access duty. |
| 11 | (3) On an appeal under subsection (2), the independent appeal body may— |
| (a) | approve the whole or part of the ordinary or alternative route or coastal margin which is the subject of the appeal, with or without modifications; |
| (b) | require Natural England to prepare a new ordinary or alternative route or proposal relating to all or part of the area covered by the route which is the subject of the appeal; or |
| (c) | require Natural England to make new proposals as to the exclusion or restriction of the right of access." |
| | [Amendments A355 to A357 are amendments to Amendment A354] |
| A355 | Line 3, leave out subsection (1) |
| A356 | Line 6, leave out "independent appeal body" and insert "Planning Inspectorate" |
| A357 | Line 11, leave out "independent appeal body" and insert "Planning Inspectorate" |
| A357A | Page 181, line 44, at end insert— |
| (1) | Any person having an interest in any land may appeal to the planning inspectorate against— |
| (a) | the ordinary or alternative route or coastal margin; or |
| (b) | the proposals made under section 55D(3); |
| | set out in the report under section 51 prepared pursuant to the coastal access duty. |
| (2) | On appeal under subsection (1), the Planning Inspectorate may— |
| (a) | approve the whole or part of the ordinary or alternative route or coastal margin which is the subject of the appeal; |
| (b) | require Natural England to prepare a new ordinary or alternative route or proposal relating to all or part of the area covered by the route which is the subject of the appeal; |
| (c) | require Natural England to make new proposals as to the exclusion or restriction of the right of access. |
| (3) | Where the Planning Inspectorate upholds the appeal, in whole or in part, Natural England will be required to prepare a new report taking account of the decision at appeal." |
| A357B | Page 181, line 44, at end insert— |
| (1) | Any person with a relevant interest in land may require Natural England to review a coastal access report; and reasons for review may include— |
| (a) | proposed or actual changes in the use of land; |
| (b) | review of existing directions made under Chapter 2 of Part 1 of the CROW Act for the exclusion or restriction of the right of access; |
| (c) | proposed new directions under Chapter 2 of Part 1 of the CROW Act for the exclusion or restriction of the right of access. |
| (2) | Persons with a relevant interest may appeal to the Planning Inspectorate against the refusal of Natural England to— |
| (a) | undertake the review; |
| (b) | undertake the review within timescales specified by regulation; |
| (c) | amend the coastal access report." |
| A357BA | Page 181, line 44, at end insert— |
| "55EA | Compensation for loss caused by coastal access |
| (1) | Subject to the following provisions of this section, if, on a claim made in accordance with this section, it is shown that the value of an interest of any person in land is depreciated, or that a person has suffered damage by being disturbed in his enjoyment of land, in consequence of the creation of coastal access across that land, Natural England shall pay to that person compensation equal to the amount of the depreciation or damage. |
| (2) | A claim for compensation under this section shall be made within such time and in such manner as may be prescribed by regulations made by the Secretary of State, and shall be made to Natural England. |
| (3) | Nothing in this section shall confer on a person a right to compensation for depreciation of the value of an interest in land, or disturbance of his enjoyment of the land, being land which is not comprised in the coastal access report or if so comprised is excepted land, except if and in so far as either— |
| (a) | it is held with land comprised in the coastal access report which is not excepted land, or |
| (b) | the omission of any other person to exclude the public from the land comprised in the order or any part thereof would have been actionable at the suit of the first-mentioned person if the coastal access report had not come into operation." |
| A357C | Page 182, leave out lines 6 and 7 |
| A358 | Page 183, line 46, at end insert— |
| | ""charity" means a body, or the trustees of a trust, established for charitable purposes only;" |
| A358A | Page 184, leave out lines 28 to 32 and insert— |
| "(2) | A person with a relevant interest in land shall have the same meaning as in section 45 of the CROW Act (interpretation of Part I)." |
| A358B | Page 184, leave out line 30 and insert— |
| "(a) | has a legal estate or legal interest in the land," |
| A358C | Page 184, leave out line 31 |
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