HC Deb 18 April 1975 vol 890 cc850-1
The Minister for Planning and Local Government (Mr. John Silkin)

I beg to move Amendment No. 7, in page 2, line 33, leave out ' after consultation with ' and insert

'on a representation made to him by'.
Mr. Speaker

With this amendment it will be convenient to take Amendments Nos. 8 and 9.

Mr. Silkin

The effect of the three amendments is to substitute "representation" for "consultation" in line 33 and to omit the two references to Section 12 in lines 39–41. The reason is that the Government consider "representation" to be more appropriate than "consultation". It should be for the Nature Conservancy Council to take the initiative and to set the order-making procedure in motion rather than the other way round. The arrangements and subsequent consultations which would take place with other persons and bodies are provided for in Clause 14. If the amendment is accepted, later references to section 12 become redundant. Indeed they could be slightly confusing because they use the term "recommends".

The two associated amendments are drafting points, They do not affect the basic framework and I wish to emphasise that the position of the Nature Conservancy Council is not changed. While the Secretary of State may, but is not obliged to, make an order on the advice of the Council, he cannot make an order otherwise than on the Council's advice. I hope the House will be satisfied on that point.

Amendment agreed to.

Amendments made: No. 8, in line 39, leave out from "plant" to "to" in line 40.

No. 9 in line 41, leave out from "plant" to "from' in line 42.—[Mr. John Silkin]

Mr. Hardy

I beg to move Amendment No. 10, in page 2, line 43, leave out from "Act" to end of Clause.

If this amendment is approved, Clause 7 will be very much smaller but will lose nothing by the omission. It will provide a clearer and more concise presentation of the procedures for consultation leading to conservation which will apply if the Bill is enacted.

It is desirable to effect this amendment since Clause 7 is the most important provision in the Bill. Since it is the heart of the Bill, unnecessary clutter and superfluous verbiage is best avoided. The procedures established in the clause will be the most appropriate to the Bill, given the nature of the complex involved. Clarity is gained by the amendment and I hope that it will be agreed to.

Amendment agreed to

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