HL Deb 23 May 1989 vol 508 cc362-3

31C.—(1) An agreement under subsection (2) of section 31B above may—

  1. (a) where the land is registered in the Land Register of Scotland, be registered in that register;
  2. (b) in any other case, be recorded in the appropriate Division of the General Register of Sasines.
(2) An agreement registered or recorded under subsection (1) above shall be enforceable at the instance of the Secretary of State against persons deriving title to the land (including any person acquiring right to a tenancy by assignation or succession) from the person who entered into the agreement; provided that such an agreement shall not be enforceable against a third party who shall have in good faith and for value acquired right (whether completed by infeftment or not) to the land prior to the agreement being registered or recorded as aforesaid, or against any person deriving title from such third party. (3) Nowithstanding the terms of any agreement registered or recorded under subsection (1) above, the parties to the agreement or any persons deriving title from them may at any time agree to terminate it; and such an agreement to terminate it shall be registered or recorded in the same manner as was the original agreement.

Powers of entry in relation to agreements under section 31B

31D. The powers which by virtue of subsection (1) of section 91 of this Act are conferred in relation to any premises for the purpose—
  1. (a) of enabling the Secretary of State to determine whether or in what manner to exercise any power conferred on him by or under section 31B of this Act or to determine whether any provision of an order under that section is being or has been contravened; or
  2. (b) of enabling a river purification authority to determine whether to make an application for the purpose of paragraph 1 of Schedule 1A to this Act,
shall include power, in order to obtain information on which that determination may be made, to carry out experimental borings or other works on those premises and to install and keep monitoring and other apparatus there.").

Page 300, line 28, leave out ("the public") and insert ("life or health").

Page 309, line 10, leave out from ("means") to end of line 11 and insert ("31st January 1985').

Page 311, line 41, after first ("of") insert ("the provisions of").

Page 313, line 13, after ("practice") insert ("as").

Page 313, line 27, leave out ("or for the modification of, or of the conditions of, any such consent").

Page 315, line 41, at end insert—

(""micro-organism" includes any microscopic biological entity which is capable of replication;").

Page 315, line 44, at end insert—

(""substance" includes micro-organisms and any natural or artificial substance or other matter, whether it is in solid or liquid form or in the form of a gas or vapour;").

Page 316, line 22, after second ("be") insert ("(and, in the case of fish farms, always to have been)").

Page 316, line 42, at end insert— ("6A. After Schedule 1 there shall be inserted the following Schedule—

"SCHEDULE 1A ORDERS DESIGNATING NITRATE SENSITIVE AREAS: SCOTLAND

PART I APPLICATIONS BY RIVER PURIFICATION AUTHORITIES FOR DESIGNATION ORDERS

Orders made only on application 1.—(1) Subject to sub-paragraph (2) below, the Secretary of State shall not make an order under section 31B of this Act by virtue of which any land is designated as a nitrate sensitive area, except with the consent of the Treasury and on an application which—

  1. (a) has been made by a river purification authority in accordance with paragraph 2 below; and
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  2. (b) by virtue of sub-paragraph (2)(a) of that paragraph identifies the controlled waters with respect to which that land is so comprised by the order.
(2) This paragraph shall not apply to an order which reproduces or amends an existing order without adding any land appearing to the Secretary of State to constitute a significant area to the land already comprised in the areas for the time being designated as nitrate sensitive areas.

Procedure for applications 2.—(1) A river purification authority shall not, for the purposes of paragraph 1 above, apply for the making of any order under section 3 1B of this Act, by which any land would be comprised in the areas for the time being designated as nitrate sensitive areas unless it appears to the authority—

  1. (a) that pollution is or is likely to be caused by the entry of nitrate into controlled waters as a result of, or of anything done in connection with, the use of particular land for agricultural purposes; and
  2. (b) that the provisions for the time being in force in relation to those waters and that land are not sufficient, in the opinion of the authority, for preventing or controlling such an entry of nitrate into those waters.
(2) An application under this paragraph shall identify—
  1. (a) the controlled waters appearing to the authority to be the waters which the nitrate is entering or is likely to enter; and
  2. (b) the land appearing to the authority to be the land the use of which for agricultural purposes, or the doing of anything in connection with whose use for agricultural purposes, is resulting or is likely to result in the entry of nitrate into those waters.
 (3) An application under this paragraph shall be made by serving a notice containing the application on the Secretary of State.