HL Deb 15 October 1981 vol 424 c451

5Clause 3, page 4, line 39 leave out 'or'.

6Clause 3, page 4, line 40, leave out 'at and insert' no objections thereto have been made by any of those owners or occupiers before

7Clause 3, page 4, line 42, leave out from 'advertisement' to end of line 43 and insert— 'or (c) any such objections so made have been withdrawn'.

The Earl of Avon

My Lords, I beg to move that this House doth agree with the Commons in their Amendments Nos. 5 to 7. These are clarifying amendments. Clause 3 provides for the designation of areas of special protection. Subsection (5) is intended to provide that if there are objections to the designation of an area as one where all birds except those on Schedule 2 Part 2 can receive special protection, the order cannot be made. The provisions are designed to give statutory backing to voluntary efforts.

However, as drafted, the subsection might be held to have the effect of keeping in force an objection that has been withdrawn, which would mean that unless the whole consultation process was repeated an order could not be made. The three amendments remove this uncertainty. I beg to move.

Moved, That this House doth agree with the Commons in the said amendments—(The Earl of Avon.)

On Question, Motion agreed to.