HL Deb 15 October 1981 vol 424 cc488-9

71 Clause 31, page 29, leave out lines 33 to 35.

72 Clause 31, page 30, line 15, leave out from beginning to 'shall' in line 17 and insert 'If, within the period specified in an order under this section, the person against whom it was made fails, without reasonable excuse, to comply with it, he'.

73 Clause 31, line 18, leave out '£500' and insert '£1,000'.

74 Clause 31, line 20, leave out '£50' and insert '£100'.

75 Clause 31, line 21, at end insert— '(6A) If, within the period specified in an order under this section, any operations specified in the order have not been carried out, the Nature Conservancy Council may enter the land and carry out those operations and recover from the person against whom the order was made any expenses reasonably incurred by them in doing so.'.

Earl Ferrers

My Lords, I beg to move that this House doth agree with the Commons in their amendments Nos. 71 to 75 en bloc. These amendments strengthen the provision which was inserted in the Bill by your Lordships whereby a court may order a person who has been convicted of an offence under Clause 29 to restore the land to its original condition. Amendment No. 71 deletes the reference to a court having regard to a person's means when deciding whether an order should be made. It seems that these words were superfluous. In any event the courts will have regard to the person's means and it seems sensible to remove from the Bill any suggestion that the offence will be viewed lightly.

Amendment No. 72 is a drafting amendment. Amendments 73 and 74 increase to £1,000 plus £100 a day the penalty for failure to comply with a restoration order, and Amendment No. 75 gives the Nature Conservancy Council power to restore land and to recover costs from any person who fails to comply with an order—a measure which I am sure from the time of your Lordships' debates on this provision will commend itself to your Lordships. I beg to move.

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

On Question, Motion agreed to.