House of Lords Amendments - Countryside and Rights of Way Bill

Countryside and Rights of Way Bill - Amendments to be debated in the House of Lords - continued	House of Lords
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524

Insert the following new Clause--

(" .--(1) The following provisions of the National Parks and Access to the Countryside Act 1949 (in this Part referred to as "the 1949 Act")--

(a) section 6(4)(e) (duty of Agency or Council to give advice in connection with development matters),

(b) section 9 (consultation in connection with development plan),

(d)  section 65(5) and (5A) (consultation in connection with access orders), apply in relation to areas of outstanding natural beauty as they apply in relation to National Parks.

    (2)  In section 6(4)(e) of the 1949 Act as it applies by virtue of subsection (1), "appropriate planning authority" means a local planning authority whose area consists of or includes the whole or any part of an area of outstanding natural beauty and includes a local authority, not being a local planning authority, by whom any powers of a local planning authority as respects an area of outstanding natural beauty are exercisable, whether under the 1949 Act or otherwise.

    (3)  Section 4A of the 1949 Act (which confers on the Council functions under Part II of that Act corresponding to those exercisable as respects England by the Agency) applies to the provisions mentioned in subsection (1)(a) and (b) for the purposes of their application to areas of outstanding natural beauty as that section applies for the purposes of Part II of the 1949 Act.

    (4)  A local planning authority whose area consists of or includes the whole or any part of an area of outstanding natural beauty has power, subject to subsections (5) and (6), to take all such action as appears to them expedient for the accomplishment of the purpose of conserving and enhancing the natural beauty of the area of outstanding natural beauty or so much of it as is included in their area.

    (5)  Nothing in this Part is to be taken to limit the generality of subsection (4); but in so far as the provisions of this Part or of the 1949 Act confer specific powers falling within that subsection those powers are to be exercised in accordance with those provisions and subject to any limitations expressed or implied in them.

    (6)  Without prejudice to the powers conferred by this Part, subsection (4) has effect only for the purpose of removing any limitation imposed by law on the capacity of a local planning authority by virtue of its constitution, and does not authorise any act or omission on the part of such an authority which apart from that subsection would be actionable at the suit of any person on any ground other than such a limitation.

    (7)  In this section "local planning authority" has the same meaning as in the Town and Country Planning Act 1990.")

Functions of certain bodies in relation to areas of outstanding natural beauty.

525

Insert the following new Clause--

(" .--(1) The Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales) may--

(a) in the case of any existing area of outstanding natural beauty, or

(b)  in connection with the designation of any area as an area of outstanding natural beauty, by order establish a board (in this Part referred to as "a conservation board") to carry out in relation to that area the functions conferred on such a board by or under this Part.

    (2)  Schedule (Conservation boards) (which relates to the constitution of conservation boards) has effect.

    (3)  Where the Secretary of State or the National Assembly for Wales considers it expedient for either of the purposes mentioned in section (General purposes and powers)(1), an order under subsection (1) may--

(a) provide for the transfer to the conservation board to which the order relates of any of the functions of local authorities, so far as relating to the area of outstanding natural beauty in question, or

(b) provide for any function of a local authority, so far as relating to the area of outstanding natural beauty in question, to be exercisable concurrently by the local authority and by the conservation board. (4) An order under subsection (1) may make further provision as to the constitution and administration of the conservation board to which it relates, including provision with respect to--

(a) the appointment of members,

(b) the removal and disqualification of members,

(d) proceedings of the board,

(e) the appointment of staff,

(f) consultation with other public bodies,

(g) records and documents of the board,

(h) the provision of information by the board, and

(i) complaints of maladministration. (5) Before making an order under subsection (1) in relation to an area of outstanding natural beauty in England, the Secretary of State shall consult--

(a) the Agency, and

(b) every local authority whose area consists of or includes the whole or part of the area of outstanding natural beauty. (6) Before making an order under subsection (1) in relation to an area of outstanding natural beauty in Wales, the National Assembly for Wales shall consult--

(a) the Council, and

(b) every local authority whose area consists of or includes the whole or part of the area of outstanding natural beauty. (7) An order under subsection (1) which amends or revokes a previous order under that subsection establishing a conservation board--

(a) may be made only after consultation with the conservation board to which it relates (as well as the consultation required by subsection (5) or (6)), and

(b) in the case of an order revoking a previous order, may provide for the winding up of the board. (8) Subject to any order under subsection (9), where there is a variation of the area of an area of outstanding natural beauty for which there is or is to be a conservation board, the area of outstanding natural beauty for which that board is or is to be the conservation board shall be taken, as from the time when the variation takes effect, to be that area as varied.

(9) Where provision is made for the variation of the area of an area of outstanding natural beauty for which there is or is to be a conservation board, the Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales) may by order make such transitional provision as he or it thinks fit with respect to--

(a) any functions which, in relation to any area that becomes part of the area of outstanding natural beauty, are by virtue of the variation to become functions of that conservation board; and

(b) any functions which, in relation to any area that ceases to be part of the area of outstanding natural beauty, are by virtue of the variation to become functions of a person other than that conservation board.")

Establishment of conservation boards.

526

Insert the following new Clause--

(" .--(1) It is the duty of a conservation board, in the exercise of their functions, to have regard to--

(a) the purpose of conserving and enhancing the natural beauty of the area of outstanding natural beauty, and

(b)  the purpose of increasing the understanding and enjoyment by the public of the special qualities of the area of outstanding natural beauty, but if it appears to the board that there is a conflict between those purposes, they are to attach greater weight to the purpose mentioned in paragraph (a).

    (2)  A conservation board, while having regard to the purposes mentioned in subsection (1), shall seek to foster the economic and social well-being of local communities within the area of outstanding natural beauty, but without incurring significant expenditure in doing so, and shall for that purpose co-operate with local authorities and public bodies whose functions include the promotion of economic or social development within the area of outstanding natural beauty.

    (3)  Sections 37 and 38 of the Countryside Act 1968 (general duties as to the protection of interests of the countryside and the avoidance of pollution) apply to conservation boards as they apply to local authorities.

    (4)  The powers of a conservation board include power to do anything which, in the opinion of the board, is calculated to facilitate, or is conducive or incidental to--

(a) the accomplishment of the purposes mentioned in subsection (1), or

(b) the carrying out of any functions conferred on it by virtue of any other provision of this Part or by virtue of any enactment not contained in this Part. (5) The powers conferred on a conservation board by subsection (4) do not include--

(a) power to do anything in contravention of any restriction imposed by virtue of this Part in relation to any express power of the board, or

(b)  power to raise money (whether by borrowing or otherwise) in a manner which is not authorised apart from that subsection, but the things that may be done in exercise of those powers are not to be treated as excluding anything by reason only that it involves the expenditure, borrowing or lending of money or the acquisition or disposal of any property or rights.

    (6)  Schedule (Supplemental and incidental powers of conservation boards) (which relates to the supplemental and incidental powers of conservation boards) has effect.

    (7)  An order under section (Establishment of conservation boards)(1) may--

(a) make further provision with respect to the supplemental and incidental powers of the conservation board to which it relates or the limits on those powers, including provision relating to the borrowing of money, and

(b) provide for any enactment which relates to or limits the supplemental or incidental powers or duties of local authorities or relates to the conduct of, or transactions by, local authorities to apply in relation to the conservation board with such modifications as may be specified in the order.")

General purposes and powers.

527

Insert the following new Clause--

    ("  .--(1)  Any power of the Secretary of State or the National Assembly for Wales to make an order under section (Establishment of conservation boards)(1) or (9) is exercisable by statutory instrument.

    (2)  No order shall be made under section (Establishment of conservation boards)(1) by the Secretary of State unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.

    (3)  A statutory instrument containing an order under section (Establishment of conservation boards)(9) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

    (4)  If a draft of an order under section (Establishment of conservation boards)(1) would, apart from this section, be treated for the purposes of the Standing Orders of either House of Parliament as a hybrid instrument, it shall proceed in that House as if it were not such an instrument.

    (5)  The power of the Secretary of State or the National Assembly for Wales to make an order under section (Establishment of conservation boards)(1) or (9) includes power to make such incidental, supplemental, consequential and transitional provision as the person making the order thinks necessary or expedient.

    (6)  The power of the Secretary of State or the National Assembly for Wales by an order under section (Establishment of conservation boards)(1) or (9) to make incidental, supplemental, consequential or transitional provision includes power for any incidental, supplemental, consequential or, as the case may be, transitional purpose--

(a) to apply with or without modifications,

(b) to extend, exclude or modify, or

(c) to repeal or revoke with or without savings, any enactment or any instrument made under any enactment.

(7) The provision that may be made for incidental, supplemental, consequential or transitional purposes in the case of any order under section (Establishment of conservation boards)(1) or (9) which--

(a) establishes a conservation board or provides for the winding up of such a board, or

(b) otherwise has the effect of transferring functions from one person to another or of providing for functions to become exercisable concurrently by two or more persons or to cease to be so exercisable, includes provision for the transfer of property, rights and liabilities from one person to another.

(8) The power of the Secretary of State or the National Assembly for Wales under section (Establishment of conservation boards)(1) or (9) to provide by order for the transfer of any property, rights or liabilities, or to make transitional provision in connection with any such transfer or with any order by which functions become or cease to be exercisable by any conservation board, includes, in particular, power to provide--

(a) for the management and custody of any transferred property (whether real or personal);

(b) for any liabilities transferred to include liabilities under any enactment;

(c) for legal proceedings commenced by or against any person to be continued by or against a person to whom property, rights or liabilities are transferred or, as the case may be, any board or other authority by whom any functions are to become exercisable;

(d) for the transfer of staff, compensation for loss of office, pensions and other staffing matters; and

(e) for treating any person to whom a transfer of property, rights or liabilities is made or, as the case may be, by whom any functions are to become exercisable as, for some or all purposes, the same person in law as the person from whom the transfer is made or the authority by whom the functions have previously been exercisable. (9) The power of the Secretary of State or the National Assembly for Wales to make an order under section (Establishment of conservation boards)(1) or (9) includes power to make different provision for different cases, including different provision for different areas or localities and for different boards.

(10) In this section "enactment" includes an enactment contained in an Act passed after this Act.")

Orders establishing conservation boards.

528

Insert the following new Clause--

(" .--(1) Every conservation board shall, within two years after the date on which they are established, prepare and publish a plan which formulates their policy for the management of their area of outstanding natural beauty and for the carrying out of their functions in relation to it.

(2) Subject to subsection (3), the relevant local authority in respect of an area of outstanding natural beauty shall, before the end of the period of three years beginning with whichever is the later of--

(a) the commencement of this section, or

(b)  the date on which the area is designated as an area of outstanding natural beauty, prepare and publish a plan which formulates their policy for the management of the area of outstanding natural beauty and for the carrying out of their functions in relation to it.

    (3)  Subsection (2) does not apply where, before the end of the period mentioned in that subsection, a conservation board has been established for the area of outstanding natural beauty.

    (4)  A plan prepared under subsection (1) or (2) is to be known as an area of outstanding natural beauty management plan.

    (5)  A conservation board or relevant local authority may, instead of preparing a plan under subsection (1) or (2),--

(a) review any plan for the management of the area of outstanding natural beauty which has been prepared before the commencement of this section--

(i) by a local authority, or

(ii) by a joint committee established by two or more local authorities, and

(b) adopt the plan as reviewed as their area of outstanding natural beauty management plan, and

(c)  publish it under subsection (1) or (2) within the time required by that subsection.     (6)  A conservation board may, within six months of the date on which they are established, adopt an area of outstanding natural beauty management plan prepared for their area of outstanding natural beauty by the relevant local authority as their area of outstanding natural beauty management plan, and publish it under subsection (1).

    (7)  Subject to subsection (8), a conservation board shall review their area of outstanding natural beauty management plan before the end of the period of five years beginning with the date on which it was published and, after the first review, at intervals of not more than five years.

    (8)  Where a conservation board have adopted a plan under subsection (6), the first review must take place before the end of the period of three years beginning with the date on which the plan was published.

    (9)  Where an area of outstanding natural beauty management plan has been prepared under subsection (2), the relevant local authority shall review the plan before the end of the period of five years beginning with the date on which it was published and, after the first review, at intervals of not more than five years, but this subsection does not apply where a conservation board has been established for the area of outstanding natural beauty.

    (10)  Where a conservation board or relevant local authority review any plan under this section, they shall--

(a) determine on that review whether it would be expedient to amend the plan and what (if any) amendments would be appropriate,

(b) make any amendments that they consider appropriate, and

(c) publish a report on the review specifying any amendments made. (11) In this section "relevant local authority" means--

(a) in the case of an area of outstanding natural beauty which is wholly comprised in one principal area, the local authority for that area, and

(b) in any other case, the local authorities for all the principal areas wholly or partly comprised in the area of outstanding natural beauty, acting jointly.")

Management plans.

529

Insert the following new Clause--

(" .--(1) A conservation board or relevant local authority which is proposing to publish, adopt or review any plan under section (Management plans) shall--

(a) give notice of the proposal--

(i) if the area of outstanding natural beauty is in England, to the Agency and English Nature,

(ii) if the area of outstanding natural beauty is in Wales, to the Council, and

(iii) in the case of a conservation board, to every local authority whose area is wholly or partly comprised in the area of outstanding natural beauty,

(b) send a copy of the plan, together (where appropriate) with any proposed amendments of the plan, to every body to which notice of the proposal is required to be given by paragraph (a), and

(c) take into consideration any observations made by any such body. (2) A conservation board or relevant local authority shall send to the Secretary of State or the National Assembly for Wales a copy of every plan, notice or report which they are required to publish under section (Management plans).

(3) In this section "relevant local authority" has the same meaning as in section (Management plans).")

Supplementary provisions relating to management plans.

530

Insert the following new Clause--

    ("  .--(1)  The Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales) may make grants to a conservation board, of such amounts and on such terms and conditions as the Secretary of State or the Assembly thinks fit.

    (2)  Before determining the amount of any grant which he proposes to make to a conservation board under this section, or the purpose for which the grant is to be made, the Secretary of State shall consult the Agency.

    (3)  Before determining the amount of any grant which it proposes to make to a conservation board under this section, or the purpose for which the grant is to be made, the National Assembly for Wales shall consult the Council.")

Grants to conservation boards.

531

Insert the following new Clause--

(" .--(1) In this Part, unless a contrary intention appears--

the 1949 Act" means the National Parks and Access to the Countryside Act 1949;

the Agency" means the Countryside Agency;

Designation of areas

Establishment of conservation boards

the Council" means the Countryside Council for Wales;

liability", in relation to the transfer of liabilities from one person to another, does not include criminal liability;

local authority" means a principal council within the meaning of the Local Government Act 1972;

principal area" has the same meaning as in the Local Government Act 1972. (2) Any reference in this Act to the conservation of the natural beauty of an area includes a reference to the conservation of its flora, fauna and geological and physiographical features.

(3) This Part does not apply in relation to any of the lands mentioned in section 112(1) of the 1949 Act (Epping Forest and Burnham Beeches).")

Interpretative and supplementary provision.

532

Insert the following new Clause--

(" . Schedule (Areas of outstanding natural beauty: consequential amendments and transitional provisions) (which contains consequential amendments and transitional provisions relating to areas of outstanding natural beauty) has effect.")

Consequential amendments and transitional provisions.

BY THE LORD RENTON OF MOUNT HARRY

533

Insert the following new Clause--

(" .--(1) The appropriate national authority shall, in respect of every management plan which it receives, within six months publish a response setting out--

(a) the steps which the authority intends to take to further the objectives in that management plan; and

(b) the extent to which the policies of the authority may conflict with that management plan and the steps which the authority intends to take to resolve that conflict. (2) In this section--

appropriate national authority" means--

(a) in relation to a national park or area of outstanding natural beauty in England, the Secretary of State or the Minister of Agriculture, Fisheries and Food; and

(b) in relation to a national park or area of outstanding natural beauty in Wales, the National Assembly for Wales.

(3) In this section--

management plan" means--

(a) a National Park Management Plan published by a National Park authority in accordance with section 66 of the Environment Act 1995; or

management plans

Publication of response to management plans.
1995 c. 25.

BY THE BARONESS BYFORD
THE LORD GLENTORAN

534

Insert the following new Clause--

(" . After subsection (4) of section 1 of the Deer Act 1991 (poaching of deer) there shall be inserted--

(5) If any person fails to comply with a requirement under subsection (4) above or wilfully return to the land, an authorised person may apprehend such a person and convey him or cause him to be conveyed to a constable as soon as conveniently may be."")

Poaching of deer.

535

Insert the following new Clause--

(" .--(1) In section 2 of the Game Act 1831, after the words "black game" there shall be inserted "rabbits, snipe, woodcock and wild duck".

(2) In section 3 of the Game Act 1831, after the words "or other engine or instrument for the purpose of killing or taking any game" there shall be inserted "or attempts to take, kill or injure any game or assist any person to do so".")

Definition of `game'.

536

Insert the following new Clause--

(" .--(1) Sections 13, 14, 15 and 16 of the Game Act 1831 shall cease to have effect.

(2) In the Game Act 1831, after section 12 there shall be inserted--

Appointment of gamekeepers.

12A. It shall be lawful for any person who, in relation to any land, is the owner or occupier of the land or any person authorised by the owner or occupier, including any person having the right to take or kill game on the land, to appoint a gamekeeper, or gamekeepers, to be engaged in the management and conservation of game birds, wildfowl, ground game, deer, fish or wildlife, and such gamekeeper shall have the right to preserve or kill game on that land."")

Appointment of gamekeepers etc.

BY THE LORD RENTON OF MOUNT HARRY

536A

Insert the following new Clause--

(" .--(1) A conservation board shall have power in respect of every financial year beginning after the establishment of that board to issue levies to the councils by whom local authority members fall to be appointed to it, and accordingly section 71 of the Environment Act 1995 shall apply to a conservation board as if references in that section to a National Park authority were references to the board.

(2) The Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales) may make grants to a conservation board for such purposes, of such amounts and on such terms and conditions as the Secretary of State or the Assembly thinks fit, and accordingly sections 72 and 73 of the Environment Act 1995 shall apply as if references in that section to a National Park authority were references to the board.")

Conservation boards: finances.

Schedule 10

BY THE LORD GREENWAY
THE LORD BRABAZON OF TARA

536B

Page 108, line 12, leave out ("disturbs") and insert ("molests")

BY THE BARONESS MILLER OF CHILTHORNE DOMER
THE BARONESS THOMAS OF WALLISWOOD

537

Page 108, line 19, after ("I),") insert--

("(a) after subsection (1)(d) there is inserted--

(e) arrest that person where the constable has reasonable grounds to believe that a failure to do so would result in the concealment, alteration, loss, damage or destruction of anything which may be evidence of the commission of an offence or may be liable to be forfeited under section 21,", and

(b)")

BY THE BARONESS MILLER OF CHILTHORNE DOMER
THE BARONESS HAMWEE
THE BARONESS SCOTT OF NEEDHAM MARKET

538

Page 111, line 40, at end insert--

(" . In Schedule 15 to that Act, in paragraph 13, at the appropriate place there is inserted--

duly made" means an objection or a representation which is--

(a) made within the time and in the manner prescribed in the notice that was published by the authority on making the order in accordance with paragraph 3 of this Schedule; and
(b) which states the grounds on which it is made, being a matter which is capable of affecting the decision whether or not to confirm the order."")

After Schedule 10

BY THE LORD WHITTY

539

Insert the following new Schedule--

("SCHEDULE

AREAS OF OUTSTANDING NATURAL BEAUTY: CONSERVATION BOARDs

Interpretation

1. In this Schedule--

an English conservation board" means a conservation board for an area of outstanding natural beauty in England;

the relevant order", in relation to a conservation board, means--

Establishment of conservation boards

(b) any order under that section relating to that board, or

Status and constitution of conservation boards

2. A conservation board shall be a body corporate.

3.--(1) A conservation board shall consist of--

(a) such number of local authority members as may be specified in the relevant order, and

(b) such number of members to be appointed by the Secretary of State or the National Assembly for Wales as may be so specified. (2) In the case of an English conservation board, such number as may be specified in the order as the number of members of that board who are to be appointed by the Secretary of State shall be parish members.

(3) The numbers specified in the relevant order for any conservation board in relation to the membership of the board must be such that--

(a) the number of local authority members is at least 40 per cent. of the total number of members, and

(b) in the case of an English conservation board, the number of parish members is at least 20 per cent. of the total number of members.

Local authority members

4.--(1) The local authority members of a conservation board shall be appointed in accordance with the provisions of the relevant order.

(2) The relevant order must provide either--

(a) for the local authority members to be appointed by such of the local authorities for areas wholly or partly comprised in the area of outstanding natural beauty as may be specified in or determined under the order ("the relevant councils"), or

(b) for the local authority members to be appointed by such of the relevant councils as may be determined in accordance with a scheme contained in the relevant order. (3) A person shall not be appointed as a local authority member of a conservation board unless he is a member of a local authority the area of which is wholly or partly comprised in the relevant area of outstanding natural beauty; and, in appointing local authority members of a conservation board, a local authority shall have regard to the desirability of appointing members of the authority who represent wards, or (in Wales) electoral divisions, situated wholly or partly within the relevant area of outstanding natural beauty.

(4) Subject to the following provisions of this Schedule and to the provisions of the relevant order, where a person who qualifies for his appointment by virtue of his membership of any local authority is appointed as a local authority member of a conservation board--

(a) he shall hold office from the time of his appointment until he ceases to be a member of that authority; but

(b)  his appointment may, before any such cessation, be terminated for the purposes of, and in accordance with, sections 15 to 17 of the Local Government and Housing Act 1989 (political balance).     (5)  Sub-paragraph (4)(a) shall have effect so as to terminate the term of office of a person who, on retiring from any local authority, immediately becomes such a member again as a newly elected councillor; but a person who so becomes a member again shall be eligible for re-appointment to the conservation board.

    (6)  The appointment of any person as a local authority member of a conservation board may provide that he is not to be treated for the purposes of sub-paragraph (4) as qualifying for his appointment by virtue of his membership of any local authority other than that specified in the appointment.

    (7)  In paragraph 2(1) of Schedule 1 to the Local Government and Housing Act 1989 (bodies to which appointments have to be made taking account of political balance), after paragraph (ba) there is inserted--

Establishment of conservation boards

Parish members

5.--(1) The parish members of an English conservation board shall be appointed by the Secretary of State.

(2) A person shall not be appointed as a parish member of an English conservation board unless he is--

(a) a member of the parish council for a parish the whole or any part of which is comprised in the relevant area of outstanding natural beauty, or

(b) the chairman of the parish meeting of a parish--

(i) which does not have a separate parish council, and

(ii) the whole or any part of which is comprised in the relevant area of outstanding natural beauty.

    (3)  Subject to the following provisions of this Schedule and to the provisions of the relevant order, where a person who qualifies for his appointment by virtue of his membership of a parish council is appointed as a parish member of an English conservation board, he shall hold office from the time of his appointment until he ceases to be a member of that parish council.

    (4)  Subject to the following provisions of this Schedule and to the provisions of the relevant order, where a person who qualifies for his appointment by virtue of his being the chairman of a parish meeting is appointed as a parish member of an English conservation board, he shall hold office from the time of his appointment until he ceases to be the chairman of that parish meeting.

    (5)  Sub-paragraph (3) or (4) shall not have effect so as to terminate the term of office of a person who retires from a parish council, or ceases to be the chairman of a parish meeting, until such time as may be determined by the Secretary of State or the National Assembly for Wales in accordance with the relevant order.

    (6)  A person who--

(a) on retiring from a parish council, or

(b) on ceasing to be the chairman of a parish meeting, becomes a member of the parish council again as a newly elected councillor or, as the case may be, is elected to succeed himself as chairman of any parish meeting is eligible for re-appointment to the conservation board at the time mentioned in sub-paragraph (5).

(7) Subject to the provisions of this Schedule and of the relevant order, a parish member of an English conservation board shall hold office in accordance with the terms of his appointment.

Members (other than parish members) appointed by the Secretary of State or the National Assembly for Wales

    6.--(1)  Before appointing any person as a member of a conservation board, the Secretary of State shall consult the Agency.

    (2)  Before appointing any person as a member of a conservation board, the National Assembly for Wales shall consult the Council.

    (3)  Subject to the following provisions of this Schedule and to the provisions of the relevant order, a person appointed as a member of a conservation board by the Secretary of State or the National Assembly for Wales--

(a) shall hold office for such period of not less than one year nor more than three years as may be specified in the terms of his appointment; but

(b)  on ceasing to hold office shall be eligible for re-appointment.     (4)  The term of office of a person appointed by the Secretary of State or the National Assembly for Wales to fill such a vacancy in the membership of a conservation board as occurs where a person appointed by the Secretary of State or the Assembly ceases to be a member of the board before the end of his term of office may be for a period of less than one year if it is made to expire with the time when the term of office of the person in respect of whom the vacancy has arisen would have expired.

    (5)  Subject to the provisions of this Schedule and of the relevant order, a member of a conservation board appointed by the Secretary of State or the National Assembly for Wales shall hold office in accordance with the terms of his appointment.

    (6)  This paragraph does not apply to persons appointed as parish members of an English conservation board or to their appointment as such members.

Chairman and deputy chairman

    7.--(1)  The members of a conservation board shall elect, from amongst their members, both a chairman and a deputy chairman of the board.

    (2)  Subject to sub-paragraphs (3) and (4), the chairman and deputy chairman of a conservation board shall be elected for a period not exceeding one year; but a person so elected shall, on ceasing to hold office at the end of his term of office as chairman or deputy chairman, be eligible for re-election.

    (3)  A person shall cease to hold office as chairman or deputy chairman of a conservation board if he ceases to be a member of the board.

    (4)  Where a vacancy occurs in the office of chairman or deputy chairman of a conservation board, it shall be the duty of the members of that board to secure that the vacancy is filled as soon as possible.

Audit

8. In Schedule 2 to the Audit Commission Act 1998 (accounts subject to audit) in paragraph 1 after paragraph (j) there is inserted--

Establishment of conservation boards

540

Insert the following new Schedule--

("SCHEDULE

SUPPLEMENTAL POWERS OF CONSERVATION BOARDs

Interpretation

1. In this Schedule--

common", "disposal" and "open space" have the same meaning as in the Town and Country Planning Act 1990;

Areas of outstanding natural beauty: conservation boards

Power to acquire land

2.--(1) For the purposes of any of their functions under this or any other enactment, a conservation board may acquire by agreement any land, whether situated inside or outside their area of outstanding natural beauty.

(2) The reference in sub-paragraph (1) to acquisition by agreement is a reference to acquisition for money or money's worth as purchaser or lessee.

Power to dispose of land

3. Subject to paragraphs 4 to 6 and to the provisions of the relevant order, a conservation board may dispose, in any manner they wish, of land which is held by them but no longer required by them for the purposes of their functions.

4.--(1) Except with the consent of the Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales), a conservation board may not--

(a) dispose under paragraph 3 of land which consists of or forms part of a common, or formerly consisted of or formed part of a common, and is managed by a local authority in accordance with a local Act,

(b) dispose under paragraph 3 of land, otherwise than by way of a short tenancy, for a consideration less than the best that can reasonably be obtained. (2) For the purposes of this paragraph a disposal of land is a disposal by way of a short tenancy if it consists--

(a) of the grant of a term not exceeding seven years, or

(b) of the assignment of a term which at the date of the assignment has not more than seven years to run. 5. A conservation board may not dispose under paragraph 3 of any land consisting of or forming part of an open space unless before disposing of the land they cause notice of their intention to do so, specifying the land in question, to be advertised in two consecutive weeks in a newspaper circulating in the area in which the land is situated, and consider any objections to the proposed disposal which may be made to them.

6. Section 128 of the Local Government Act 1972 (consents to land transactions by local authorities) applies in relation to a conservation board as if a conservation board were a principal council and as if paragraphs 3 to 5 were contained in Part VII of that Act.")

Provisions as to charges

7. In section 152(2) of the Local Government and Housing Act 1989 (provisions as to charges), after paragraph (ja) there is inserted--

Establishment of conservation boards

and section 151 of that Act (power to amend existing provisions as to charges) shall have effect as if references to an existing provision included references to any such provision as applied by or under Part IIIA of this Act.")

541

Insert the following new Schedule--

("SCHEDULE

AREAS OF OUTSTANDING NATURAL BEAUTY: CONSEQUENTIAL AMENDMENTS AND TRANSITIONAL PROVISIONs

PART I

CONSEQUENTIAL AMENDMENTs

National Parks and Access to the Countryside Act 1949 (c. 97)

    1.  In section 1 of the National Parks and Access to the Countryside Act 1949 (the Countryside Agency and the Countryside Council for Wales), in subsection (2)(a) after "National Parks or" there is inserted "under the Countryside and Rights of Way Act 2000".

    2.  In section 112(2) of that Act (provisions not applying to Epping Forest and Burnham Beeches), for "eighty-seven" there is substituted "eighty-nine".

    3.  In section 114(1) of that Act (interpretation), for the definition of "area of outstanding natural beauty" there is substituted--

Designation of areas

Harbours Act 1964 (c. 40)

4. In Schedule 3 to the Harbours Act 1964, in paragraph 1, in paragraph (i) of the definition of "sensitive area" for "section 87 of the National Parks and Access to the Countryside Act 1949" there is substituted "section (Designation of areas) of the Countryside and Rights of Way Act 2000".

Highways Act 1980 (c. 66)

5. In section 105A of the 1980 Act (environmental impact assessments), in subsection (6), for paragraph (e) there is substituted--

Designation of areas

Derelict Land Act 1982 (c. 42)

6. In section 1 of the Derelict Land Act 1982 (powers of Secretary of State), in subsection (11), in the definition of "area of outstanding natural beauty" for "section 87 of the National Parks and Access to the Countryside Act 1949" there is substituted "section (Designation of areas) of the Countryside and Rights of Way Act 2000".

Road Traffic Regulation Act 1984 (c. 27)

7. In section 22 of the Road Traffic Regulation Act 1984 (traffic regulation for special areas in the countryside), at the end of subsection (1)(a)(ii) there is inserted "designated as such under section (Designation of areas) of the Countryside and Rights of Way Act 2000".

Housing Act 1985 (c. 68)

8. In section 37 of the Housing Act 1985 (restriction on disposal of dwelling-houses in National Parks, etc), in subsection (1)(b) for "section 87 of the National Parks and Access to the Countryside Act 1949" there is substituted "section (Designation of areas) of the Countryside and Rights of Way Act 2000".

9. In section 157 of that Act (restriction on disposal of dwelling-houses in National Parks, etc), in subsection (1)(b) for "section 87 of the National Parks and Access to the Countryside Act 1949" there is substituted "section (Designation of areas) of the Countryside and Rights of Way Act 2000".

Town and Country Planning Act 1990 (c. 8)

10. In section 87 of the Town and Country Planning Act 1990 (exclusion of certain descriptions of land or development from a simplified planning zone), in subsection (1)(d) for "section 87 of the National Parks and Access to the Countryside Act 1949" there is substituted "section (Designation of areas) of the Countryside and Rights of Way Act 2000".

Environmental Protection Act 1990 (c. 43)

11. In section 130 of the Environmental Protection Act 1990 (countryside functions of Countryside Council for Wales), in subsection (2)(a) after "National Parks or" there is inserted "under the Countryside and Rights of Way Act 2000".

Water Industry Act 1991 (c. 56)

12. In section 156 of the Water Industry Act 1991 (restriction on disposals of land), in subsection (8), in paragraph (a) of the definition of "area of outstanding natural beauty or special scientific interest", for "for the purposes of the National Parks and Access to the Countryside Act 1949" there is substituted "under section (Designation of areas) of the Countryside and Rights of Way Act 2000".

Environment Act 1995 (c. 25)

13. In Schedule 13 to the Environment Act 1995 (review of old mineral planning permissions), in paragraph 2(4)(c) for "section 87 of the National Parks and Access to the Countryside Act 1949" there is substituted "section (Designation of areas) of the Countryside and Rights of Way Act 2000".

Housing Act 1996 (c. 52)

14. In section 13 of the Housing Act 1996 (restriction on disposal of houses in National Parks, etc), in subsection (1)(b) for "section 87 of the National Parks and Access to the Countryside Act 1949" there is substituted "section (Designation of areas) of the Countryside and Rights of Way Act 2000".

PART II

TRANSITIONAL PROVISIONs

    15.  In this Part "commencement" means the commencement of section (Designation of areas).

    16.  Any order under section 87 of the 1949 Act (designation of areas of outstanding natural beauty) which is in force immediately before commencement is to be taken to have been made under section (Designation of areas) in accordance with the provisions of Part IIIA of this Act, and may be amended or revoked by an order under that section.

    17.  Any reference in any instrument or document (whenever made) to designation as an area of outstanding natural beauty under section 87 of the 1949 or to an order under that section is, in relation to any time after commencement, to be taken to be a reference to designation as such an area under section (Designation of areas) of this Act, or to an order under that section.

    18.  Anything done before commencement in connection with a proposed order under section 87 of the 1949 Act is, as from commencement, to be taken to have been done in connection with a proposed order under section (Designation of areas) of this Act.")

Before Clause 72

BY THE EARL OF CARNARVON

542

Insert the following new Clause--

("PLANNING AUTHORITY IN NATIONAL PARKs

    .--(1)  In section 4A(2) of the Town and Country Planning Act 1990, at the beginning insert "If the order establishing the National Park authority so provides and".

    (2)  In section 65(3) of the Environment Act 1995, for "The functions of a National Park authority" substitute "In the case of a National Park authority which is designated as the sole local planning authority for its area, its functions".

    (3)  In section 67(2) of that Act, after "by order" insert "designate a National Park authority as the sole planning authority for its area.

(2A) An order under subsection (2) may".")

Planning authority in National Parks.

Clause 72

BY THE LORD WHITTY

543

Page 46, line 13, at end insert--

Designation of areas

Establishment of conservation boards

Clause 73

BY THE LORD WHITTY

543A

Page 46, line 20, at end insert--

("(1A) In that Schedule, at the end of the list of Public General Acts there is inserted--

Countryside and Rights of Way Act 2000 (c. ) Schedule (Transitional provisions and savings relating to sites of special scientific interest).".")

543B

Page 46, line 21, leave out ("does") and insert (", and the amendment made by subsection (1A), do")

543C

Page 46, line 22, leave out ("concerned") and insert ("mentioned in subsection (1) or the provision inserted by subsection (1A)")

Clause 74

BY THE LORD WHITTY

544

Page 46, line 28, leave out (", after consultation with the Council of the Isles of Scilly,")

545

     Page 46, line 32, at end insert--

    ("(2A)  Part IIIA applies in relation to the Isles of Scilly subject to such modifications as may be specified in an order made by the Secretary of State by statutory instrument.

    (2B)  Before making an order under subsection (2) or (2A), the Secretary of State shall consult the Council of the Isles of Scilly.")

Clause 75

BY THE LORD WHITTY

546

Page 46, line 38, leave out ("the Nature Conservancy Council for England") and insert ("English Nature")

Schedule 11

BY THE LORD WHITTY

547

Page 112, column 3, leave out line 9

548

Page 112, line 28, column 3, at end insert--

("In Schedule 15, paragraph 9.")

549

Page 113, line 3, at end insert--

("1958 c. 51. The Public Records Act 1958.
In Schedule 1, in Part II of the Table in paragraph 3, the entry relating to the Nature Conservancy Council for England.
1964 c. 40.
The Harbours Act 1964.
In Schedule 3, in the definition of "sensitive area", paragraph (b).
1965 c. 74.
The Superannuation Act 1965.
In section 39(1), in paragraph 7, the words "The Nature Conservancy Council for England.".
1967 c. 13.
The Parliamentary Commissioner Act 1967.
In Schedule 2, the entry "Nature Conservancy Council for England.".")

550

Page 113, line 5, at end insert--

("1975 c. 24.
The House of Commons Disqualification Act 1975.
In Schedule 1, in Part III, the entry "Any member of the Nature Conservancy Council for England or the Countryside Council for Wales in receipt of remuneration.".")

551

Page 113, line 7, column 3, at end insert--

("In section 32(1), the words "or land to which section 29(3) applies".")

552

Page 113, line 22, at end insert--

("1996 c. 47.
The Trusts of Land and Appointment of Trustees Act 1996.
In Schedule 3, paragraph 20 and the heading preceding it.")

BY THE BARONESS MILLER OF CHILTHORNE DOMER

552A

Page 114, line 5, column 3, at end insert--

("In section 39(1) the words "which is both in the countryside and".")

BY THE LORD WHITTY

553

Page 114, line 7, at end insert--

("PART V

AREAS OF OUTSTANDING NATURAL BEAUTY

Chapter	Short title	Extent of repeal
1949 c. 97.	The National Parks and Access to the Countryside Act 1949.	Sections 87 and 88.
1990 c. 43.	The Environmental Protection Act 1990.	In Schedule 8, paragraph 1(12).
1995 c. 25.	The Environment Act 1995.	In Schedule 10, paragraph 2(7).")

Clause 77

BY THE LORD WHITTY

554

Page 47, line 19, after (" 41,") insert--

("section 48,

sections 54 and 55,

sections 60 to 63 and Schedule 7,")

BY THE LORD WILLIAMS OF ELVEL

555

Page 47, line 19, after ("41,") insert--

("section 63 and paragraphs 4 to 7 of Schedule 7,")

BY THE LORD WHITTY

556

Page 47, line 20, after ("Schedules") insert ("(Amendments consequential on change of name of Nature Conservancy Council for England),")

557

Page 47, line 22, leave out subsection (3)

BY THE LORD WILLIAMS OF ELVEL

558

Page 47, line 22, after ("II") insert ("(apart from section 63 and paragraphs 4 to 7 of Schedule 7)")

BY THE BARONESS BYFORD
THE LORD GLENTORAN

559

Page 47, line 27, at end insert (", provided that the remaining provisions of Part I of this Act shall not come into force until the Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales) has brought into force regulations making effective provision for notification to all members of the public proposing to enter onto access land of what exclusions or restrictions of access to that land are in force at the time")

BY THE LORD WHITTY

560

Page 47, line 28, leave out ("(3) or")

561

Page 47, line 30, leave out ("(3) or")

Clause 78

BY THE LORD WHITTY

562

Page 47, line 37, at end insert--

("( ) Any reference in this Act, or in any enactment amended by this Act, to the commencement of any provision of this Act is, in relation to any area, a reference to the commencement of that provision in relation to that area.")

563

Page 47, line 40, leave out ("Except as provided in Schedule 9,") and insert ("Subject to the following provisions of this section,")

564

Page 47, line 41, at end insert--

("(4) The following provisions extend also to Scotland--

sections 63 and 67;

in Schedule 7, paragraphs 3 and 5 to 7;

in Schedule 9, paragraph 2. (5) Paragraph 1 of Schedule 9 extends to Scotland only.")

565

Page 47, line 41, at end insert--

("(6) The provisions of Schedule (Amendments consequential on change of name of Nature Conservancy Council for England) and of so much of Part III of Schedule 11 as relates to the enactments referred to in paragraphs 2 and 3 of Schedule (Amendments consequential on change of name of Nature Conservancy Council for England) have the same extent as the enactments which they amend or repeal.")

In the Title

BY THE LORD WHITTY

566

Line 7, after ("wildlife") insert ("to make further provision with respect to areas of outstanding natural beauty;")

BY THE EARL OF CARNARVON

567

Line 7, after ("wildlife;") insert ("to amend the law relating to planning authorities in National Parks;")



© Parliamentary copyright 2000	Prepared 5 October 2000