HC Deb 28 July 1982 vol 28 cc1174-5

Amendment made: No. 148, in page 81, leave out from beginning of line 27 to end of line 5 on page 82 and insert—

`122.—(1) Insofar as it is necessary to do so for the purpose of preventing nuisance or danger at, or preserving or improving the amenity of, or conserving the natural beauty of, the seashore, a district or islands council may, in accordance with this section, make byelaws—

  1. (a) regulating or prohibiting any activity by way of trade or business with, or in expectation of personal reward from, members of the public on the seashore;
  2. (b) regulating the use of vehicles on the seashore;
  3. (c) regulating the exercise of sporting and recreational activities on the seashore.

(1A) Byelaws under subsection (1) above may confine the exercise of any activity (including the use of vehicles or kinds of vehicles) specified in the byelaws to a part of the seashore specified in the byelaws and prohibit the exercise in that part of the seashore of any other activity (including such use) so specified.'.

No. 149, in page 82, line 6, leave out from "may" to end of line 7 and insert ", in accordance with this section,".

No. 150, in page 82, line 19, at end insert:

  1. "(2A) A district or islands council may make, in relation to inland waters, byelaws for the same purposes as they may, under subsections (1) and (2) above, make byelaws in relation to the seashore and adjacent waters.
  2. (2B) Byelaws may be made under this section only if—
    1. (a) the district or islands council have complied with subsection (2C) below and made such other inquiries as may be reasonably necessary to ascertain the existence and identity of each person having—
      1. (i) in the case of byelaws under subsection (1) above, a proprietorial interest in the seashore;
      2. (ii) in the case of byelaws under subsection (2) above, a proprietorial interest in relation to the adjacent waters;
      3. (iii) in the case of byelaws under subsection (2A) above, a proprietorial interest in or in relation to the inland waters; and
      4. (iv) in any case, a proprietorial interest in any salmon fishings;
      being a proprietorial interest which may be affected by the byelaws;
    2. (b) subject to subsection (2D) below, every person whose consent is required under paragraph (a) above has consented to their being made; and
    3. (c) the district or islands council have, in connection with their proposal to make the byelaws, consulted such person or body, if any, as appears to them to be representative of persons who engage in each sporting or recreational activity which may be affected by the byelaws.
  3. (2C) The district or islands council shall give public notice of their proposal to make byelaws under this section and of the effect of subsection 2B(b) above in relation to that proposal in a newspaper circulating in the area where the byelaws are proposed to have effect.
  4. (2D) If a district or islands council have complied with subsections (2B)(a) and (2C) above, but the consent of a person whose consent is required under this section cannot be obtained because his existence or identity is unknown, or he cannot be found or fails to respond in any way to a request for his consent, the council may nevertheless proceed to make the byelaws but shall not proceed earlier than one month after the date of the advertisement under subsection (2C) above or, if there were more than one advertisement, the later or last of those dates.".

No. 151, in page 82, line 20, leave out from "under" to "may" in line 21 and insert "this section".

No. 152, in page 82, line 30, leave out subsection (4).

No. 153, in page 83, line 1, leave out subsection (7) and insert— `( ) A district or islands council, when exercising their powers under this section, shall have regard to the need to protect and maintain any public rights under the guardianship of the Crown to use the foreshore, adjacent waters or, as the case may be, inland waters.'.

No. 154, in page 83, line 9, leave out clause 123.—[Mr. John MacKay.]

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