HC Deb 17 May 1994 vol 243 cc692-3

'. In section 121 of the Civic Government (Scotland) Act 1982 (control of the seashore, adjacent waters and inland waters)— (a) in subsection (5), for paragraph (b) there shall be substituted— (b) the local authority have given notice in writing of their proposal to make byelaws to each person having a proprietorial interest such as is mentioned, in relation to the byelaws, in paragraph (a) above whose identity has been ascertained as mentioned in the said paragraph (a); (b) in subsection (6) the words from "and of to "that proposal" shall cease to have effect; and (c) in subsection (7)—

  1. (i) the words from "but the" to "his consent"; and
  2. (ii) the word "nevertheless",
shall cease to have effect.'.—[Mr. Stewart.]

Brought up, and read the First time.

The Parliamentary Under-Secretary of State for Scotland (Mr. Allan Stewart)

I beg to move, That the clause be read a Second time.

Madam Speaker

With this, it will be convenient to take Government amendments Nos. 194, 147, 214, 152, 216 and 154.

The intention of the new clause and the associated amendments is that they will overcome the current impasse experienced by councils wishing to make byelaws to control activities on the seashore, adjacent waters or inland waters. I believe that—

Dr. Godman

What consultations has the Minister undertaken with the Crown Commissioners concerning the areas in the new clause?

Mr. Stewart

I can assure the hon. Gentleman that the new provisions are, I think, widely acceptable to those concerned, including the Crown Commissioners.

Perhaps I could give an additional answer to the hon. Gentleman's question by spelling out the provisions in more detail. The new clause will remove the arduous requirement for councils to obtain the consent of all those with a proprietorial interest in the waters and replace it with a more realistic round of consultation and consideration of objections. The hon. Member for Dumbarton (Mr. McFall) has been personally involved in these matters in relation to Loch Lomond. I am sure that he will welcome the more realistic proposals that we are now putting forward.

Question put and agreed to.

Clause read a Second time, and added to the Bill.

Forward to