Lords Sitting of 11 July 1995

Preamble
The House met at half-past two of the clock: The LORD CHANCELLOR on the Woolsack.
Prayers—Read by the Lord Bishop of Southwark.

Medical Students: Financial Needs
Lord Walton of Detchant Lord Walton of Detchant asked Her Majesty's Government:
Whether, in the light of financial hardship being experienced by medical and dental students, they will make available to them enhanced loans during their clinical training.
The Minister of State, Department for Education and Employment (Lord Henley): My Lords, the Government have no plans to increase student loans for medical students. An extra allowance is payable, as part of the mandatory award, to students who attend their courses for longer in the academic year than normal. We know of no compelling reasons why medical and dental students should be treated more favourably than other students on long courses.
Lord Walton of Detchant: My Lords, perhaps I may couple my thanks to the Minister for that Answer with congratulations to him on his new appointment, as expressed yesterday by the noble Lord, Lord Quirk. However, I find the Minister's Answer disappointing. I hope that he will be able to think again in the light of the fact that medical, dental and veterinary students work long hours for 48 to 50 weeks a year in their clinical courses and therefore have no opportunity to supplement their grants by part-time employment. Is the Minister aware that although graduates in the medical and dental professions cannot aspire to the levels of income now being commanded by certain captains of industry, it is nevertheless unlikely that they would have any difficulty in repaying an enhanced loan?
Lord Henley: My Lords, I agree with the second part of the noble Lord's question. Such students would obviously have no problems in repaying any loan, but there would still be a cost to Her Majesty's Government and such costs have to be taken into consideration by my right honourable friend when she allocates resources in the department. Quite frankly, my right honourable friend does not see this as a priority. On the first part of the noble Lord's question, I can assure him that, as I made clear in my original Answer, an extra allowance is payable to students whose courses last for more than 30 weeks a year. In the case of a student whose course lasts for 45 or 46 weeks of the year and who studies in London and away from home, that could amount to an extra 1,650 a year. That is a not inconsiderable sum on top of the other grants and loans that are available.
Baroness Robson of Kiddington: My Lords, can the Minister explain the reasoning behind the fact that in the first and second years of clinical studies a student is entitled to £1,375 as a loan but in the third year, for some inconceivable reason, that sum is reduced to £1,005? What is the reasoning behind that reduction?
Lord Henley: My Lords, the reasoning is that for the first two or however many years, the loan covers the whole year whereas in the final year it does not cover the whole year, but only nine months.
Baroness Park of Monmouth: My Lords, I begin by welcoming my noble friend to his new position and congratulating him on it. However, is he aware that from November 1994 the chairman of the British Medical Association, Dr. Macara, was repeatedly urging the former Under-Secretary of State, my honourable friend Mr. Tim Boswell, to recognise the special needs and urgent problems of medical students but that his proposal that the Secretary of State and the Under-Secretary of State should meet the representatives of medical students was refused and that nothing was done to address their problem'? Does my noble friend further agree that, given the serious drop-out rate for medical students and the consequent need to employ foreign doctors, it is both unacceptable and unwise to refuse to listen to such legitimate concerns? May we have an assurance that the Government will listen now and act?
Lord Henley: My Lords, I appreciate my noble friend's concern but these matters were pretty fully explored in correspondence between my right honourable friend and my honourable friend the former Minister for Further and Higher Education and I do not think that any useful purpose would be served by a subsequent meeting. If my noble friend wishes, I can place that correspondence in the Library of the House.
Baroness Lockwood: My Lords, does the Minister recollect that when the Select Committee on Science and Technology reported to this House on priorities in the National Health Service, it was concerned about the withdrawal of funding for intercalated Bachelor of Science degrees for medical students? Can the Minister say whether the Government have reinstated some of the bursaries for such degrees? If they have not done so, do they accept that that is one of the important reasons why medical students should be treated differently from university students on ordinary three or four-year courses?
Lord Henley: My Lords, where the intercalated year is an integral part of the medical degree course, it forms part of the course for awards purposes and payments made under the appropriate regulations. Where it is optional, students have instead to seek discretionary support, principally from the Medical Research Council but also from their own local education authorities. Therefore, it is a matter for their LEAs. Discretionary support for an intercalated year will not affect a student's entitlement to mandatory support for other periods of study on his medical course.
Lord Morris of Castle Morris: My Lords, perhaps I may join the chorus of those who congratulate the Minister on his new appointment and wish him well in it. Will he tell the House exactly what legislative action would be required to give power to the Student Loan Company to increase by agreed amounts loans available to medical, dental and veterinary students? Would it not be—to use a famous phrase—a price worth paying to achieve parity for that valuable category of students?
Lord Henley: My Lords, we are not talking about achieving parity. Medical and dental students are treated now in the same way as other students. I made it clear that we do not see their needs as being more pressing than those of others, and so we do not see a case for devoting extra resources to them. Nor do we see a case for expanding, at considerable cost, the level of grants to all students on long courses.
Lord Morris of Castle Morris: My Lords, since we might have a minute, while I thank the Minister for that reply, will he answer the question that I asked and tell us what legislative action would be required to give powers to the Student Loan Company to increase its grants?
Lord Henley: My Lords, I shall have to write to the noble Lord as to whether we need primary or secondary legislation or whether it is something within the gift of my right honourable friend. The simple point I was making—clearly, I thought—was that we do not see a case for extending grants to that one class of students or, for that matter, any students doing long courses.
Lord Renton: My Lords, is my noble friend aware that in some parts of the country there is a serious shortage of dentists and that some of those who are practising have very long waiting lists? Therefore, in giving further thought to the matter will he ensure that enough dental students are forthcoming?
Lord Henley: My Lords, I shall look at that case, which goes somewhat wide of my responsibilities. I do not believe that arrangements for grants and loans to medical and dental students have led to more drop-outs of medical and dental students. It is not the fault of the grant system that there are not enough dental or medical students.
Earl Russell: My Lords, may I, as one whose concern with student hardship is well known to the Minister, ask him to accept that this is an altogether different and more serious case? Most students now spend as long in the labour market as they do in their studies. These cannot; they are therefore much more hard up.
Lord Henley: My Lords, I appreciate that in their clinical years medical students cannot take time off to find other jobs. They therefore qualify for an extra allowance which, as I made clear, in the case of London students staying away from home can amount to an extra £1,650 a year, which is a not inconsiderable sum in addition to the loans and grants of which they are already in receipt.

British Fishing Fleet:Discards
2.47 p.m.
The Earl of Onslow The Earl of Onslow asked Her Majesty's Government:
Whether they have figures for discards by the British fishing fleet of (a) undersized fish and (b) fish banned from being caught.
The Parliamentary Under-Secretary of State, Scottish Office (The Earl of Lindsay): My Lords, the marine laboratory at Aberdeen has collected discard data from the mid-1970s. The data are published in aggregate form through the International Council for the Exploration of the Sea and guide its advisory committee on fishery management when reporting to the European Commission and others. Its advice allows total allowable catches to be set after due allowance has been made for fish mortality and discarding.
The Earl of Onslow: My Lords, I asked how much the percentages were and not who published the figures. Will my noble friend please tell me what are the figures?
The Earl of Lindsay: My Lords, the figures are necessarily complex because they deal with different types of fish from different parts of the sea. Therefore, while the original data go straight to the International Council for the Exploration of the Sea, as I said, so that its advisory committee can analyse them, the data which are more useful for everyone probably relate to the broad percentages of discards of different types of fish.
The Earl of Onslow: My Lords, what are the percentages?
The Earl of Lindsay: My Lords, in haddock and whiting fisheries, discards amount to some one third of those catches but, for instance, in cod discards the percentage is very much lower.
Lord Ewing of Kirkford: My Lords, will the Minister accept that he is having a difficult baptism on his first appearance at the Dispatch Box in charge of fisheries and agriculture? Perhaps I may welcome him to the Dispatch Box. In order to make an early name for himself, will he introduce legislation to ensure that all the undersized fish do not go to the chip shop where I buy my fish and chips?
The Earl of Lindsay: My Lords, I thank the noble Lord for his kind thoughts. Any fish which cannot be landed legally in this country are, on the whole, not landed. So the undersized fish that he might get in his fish and chip shop may come from another source.
Viscount Caldecote: My Lords, does my noble friend agree that the size of fishing net mesh is a most important factor in the control of fish stocks? Does he believe that enough emphasis is given to the enforcement of the size of fishing net mesh?
The Earl of Lindsay: My Lords, my noble friend has raised a very important point. Since 1992 we have been conducting initiatives on the different configurations of mesh. For instance, the UK pioneered the square mesh panels in nets which have had considerable benefits. The

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European Union last revived the technical conservation rules in 1992. The Commission has agreed to re-examine the rules, including the mesh sizes used in western waters, in time for the Council to reach decisions by the end of December 1995.
Lord Carmichael of Kelvingrove: My Lords, I too congratulate the Minister on his new appointment. Of course, we have met before when discussing other matters.
This is a difficult problem and the fact that fish are thrown back and are of no use to anyone except a number of sea birds almost defies common sense. The average person has great difficulty in understanding what it is all about. Do Her Majesty's Government still reject the abolition of discards on the ground of cost? Will the Minister seek a fresh opinion as regards the recently established common fisheries policy advisory group, assuming that the group will continue its work following the changes that have taken place in the Ministry of Agriculture, Fisheries and Food? I am sure that all noble Lords will find difficulty in understanding why we are throwing good fish back.
The Earl of Lindsay: My Lords, I thank the noble Lord for his kind thoughts. We certainly have met previously in discussions on a number of different matters. It is generally impossible, in particular in the North Sea mixed fisheries, to have totally clean catches of a single species or size of fish. That is because the different species such as cod, haddock and whiting of all ages and sizes often shoal together and are therefore caught together. Fishermen discard fish either to comply with fisheries regulations relating to quota uptake or the minimum landing size or because poor markets exist for fish of certain species, sizes or quality.
Our reluctance to ban discarding has nothing whatever to do with cost. If one were to ban discarding, in particular in the North Sea where the catches are mixed, one could not penalise fishermen for landing undersized fish or fish of a stock for which the quota has been exhausted. The review of the CFP, which is undertaken by a special group, is continuing. We are drawing into the group the expertise of the industry and its recommendation will be put forward to the Commission in due course.
The Earl of Onslow: My Lords, is my noble friend aware that outside the plaice box in the North Sea the amount of fish discarded from the trawlers which wait for the fish to come out to them is up to 90 per cent.? Is my noble friend further aware that some estimates put the total discard of fish at up 50 per cent? If that is the case, is it not a crazy way to run a conservation policy?
The Earl of Lindsay: My Lords, I can only reiterate that within the North Sea it is impossible to avoid discards. Even discards have some place in the marine eco-system. It has been estimated, for instance, that up to 1 million sea birds in the North Sea survive on discards.
Lady Saltoun of Abernethy: My Lords, does the Minister not agree that the discarding of undersized fish
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does nothing for the conservation of fish stocks? Will the Government consider expanding the decommissioning scheme, thereby reducing the effort?
The Earl of Lindsay: My Lords, there have been two decommissioning schemes to date and we have recently announced a third. The Council of Ministers has asked the Commission to bring forward proposals to address the problem of discarding. However, as regards these waters, we have already taken measures to prevent discarding. MAFF is funding trials into the use of, for instance, separated trawls. All those measures should produce the required percentage of discards.

"Brent Spar": Disposal
2.55 p.m.
Lord Dean of Beswick Lord Dean of Beswick asked Her Majesty's Government:
Whether they are prepared to reconsider their view of the proposed sinking of the "Brent Spar" in the Atlantic in view of European and worldwide reaction.
The Minister of State, Department of Trade and Industry (Lord Fraser of Carmyllie): My Lords, Shell UK announced on 20th June that it would not be proceeding with deep-sea disposal of the "Brent Spar".
Lord Dean of Beswick: My Lords, I congratulate the Minister on his new appointment. Is he aware that when I raised the matter on 12th June 1995 (Hansard, cols. 1537 to 1538) the noble Lord, Lord Inglewood, answered on behalf of the Government and listed a number of conventions which the Government arc pledged to uphold? They are being amalgamated into the OSPAR Convention, which will cover the whole issue. Will the Minister give an undertaking that when the convention is signed it will be honoured in order to maintain a rationale on the disposal of such drilling apparatus? Will each case be decided by the Government on its merits?
Lord Fraser of Carmyllie: My Lords, I am grateful to the noble Lord, Lord Dean, for his welcome. It is correct that the United Kingdom's decision was fully consistent with the requirements of international law and, in particular, the provisions of the London and Oslo conventions of 1972. Furthermore, it was in line with the provisions of the Oslo convention's guidelines on the disposal of offshore installations. We shall certainly adhere to those conventions and, as indicated, we shall treat each case on its merits.
Lord Marsh: My Lords, does the Minister agree that there are two worrying aspects to the "Brent Spar" episode? First, there was the sudden decision by Shell, an independent company, to change its policy purely as a result of pressure from people who are becoming increasingly irresponsible in their demonstrations, contrary to what it believed to he the right policy and with the complicity of the German Government. The second and more worrying aspect is that offshore rigs have operated in the North Sea for more than 30 years

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and there are more than 100 in European waters and thousands around the world. Is there an agreed policy within the international community for the inevitable disposal of those rigs?
Lord Fraser of Carmyllie: My Lords, as regards the first issue, it remains the view of the Government that in the case of "Brent Spar" a deep-water disposal was the best option. I believe that Shell still adheres to that view. However, the European companies of the Royal Dutch Shell Group found themselves in a difficult position. I understand that for that reason a reversal of the original decision was made and that Shell is taking some time to reconsider the options.
It is difficult to assess how many rigs might be appropriately disposed of in deep water. As I indicated, our policy is that it is correct to do so on a case-by-case basis. However, an Answer given in another place yesterday indicated that of approximately 32 fixed offshore installations in United Kingdom waters 19 are in water less than 75 metres deep and therefore will have to be entirely removed. It should not be assumed that all of them will be appropriately disposed of in deep water. It is more likely that they will be returned to the shore for breaking up.
Lord Marsh: My Lords, will the Minister answer the question? Is there an agreed international policy?
Noble Lords: Order, order!
Lord Boyd-Carpenter: My Lords, is it not a fact that the polluting effects of the "Brent Spar" would have been negligible compared with those of a large number of ships which have sunk in the same waters? Is it not ironical that the Germans of all people should be making trouble about the issue when one recalls that U-boats littered these waters with sunken ships?
Lord Fraser of Carmyllie: My Lords, there is more metal at the bottom of the Atlantic than in the "Brent Spar" installation. Certainly, the North Atlantic is not to be regarded as a garbage dump of infinite capacity. However, on a case-by-case basis, some rigs may be suitable for disposal. Perhaps the noble Lord noticed with interest, as did I, that Nature magazine of 29th June indicated:
"Far from finding heavy metal residues lethal or mildly unappetising, the bacteria on the ocean floor would have greeted the arrival of the Brent Spar as if all their Christmases had come at once".
Earl Russell: My Lords, is the short answer to the noble Lord, Lord Boyd-Carpenter, to say that two wrongs do not make a right?
Lord Fraser of Carmyllie: My Lords, I am not aware of any scientific evidence or argument which indicates that the decision taken by the United Kingdom following the application by Shell was wrong. While there have been a number of reactions from Europe, so far as I am aware no one has come forward with a serious scientific basis on which to reject the proposal to which the United Kingdom agreed.
Lord Cledwyn of Penrhos: My Lords, in view of the global implication placed before us so effectively by the Minister, to what extent is the matter now being discussed by the United Nations?
Lord Fraser of Carmyllie: My Lords, the decision that we took was in accordance with international law and the conventions to which we are signatories. They apply on a global basis. The noble Lord may be aware that recently a number of European countries suggested that there might be a moratorium on the disposal of such installations in deep water. Those who proposed it did not have offshore installations. Both the United Kingdom and Norway, which clearly have to deal with a difficult problem often in complicated circumstances, declined to reach that decision. There is a set of guidance notes in which we are indicating that as we review the matter we shall act in accordance with the International Maritime Organisation guidelines which apply on a worldwide basis.
Lord Campbell of Croy: My Lords, will my noble friend confirm that "Brent Spar" is not a rig or a platform but is unusual in that it is a loading container buoy? Its disposal on land will produce more environmental problems. Has he noted the reported comments of a technically qualified member of the Advisory Committee on the Protection of the Sea, which has international membership and which I chaired for four years, to the effect that to aim for publicity only at the expense of facts and sensible decisions is a disservice to the whole environmental movement?
Lord Fraser of Carmyllie: My Lords, I strongly endorse that. My understanding is that it may be six times more dangerous to try to dispose of "Brent Spar" on land. It is of such a size that it cannot be brought into United Kingdom coastal waters in a vertical position. If it is to be disposed of on land, a clever engineering solution will have to be found to the problem of getting it onto a horizontal plane.

Family Planning: Overseas Aid
3.3 p.m.
Viscount Craigavon Viscount Craigavon asked Her Majesty's Government:
What progress has been made following the declaration of the 1994 Cairo International Conference on Population and Development.
The Minister of State, Foreign and Commonwealth Office (Baroness Chalker): My Lords, we have made excellent progress through the overseas aid programme since the Cairo conference. Total new commitments in 1994 and 1995 for family planning and reproductive health will reach £150 million by the end of the year. That exceeds the target we set a year ago and will have a major impact by enabling large numbers of women and men in developing countries to choose if and when to have children; to protect themselves from HIV and other sexually transmitted infections; and by reducing the risks associated with childbirth.
Viscount Craigavon: My Lords, I am grateful for that Answer. As distinct from all the other Ministers who have been congratulated on their new posts, perhaps I may say that some of us are extremely relieved to find that the noble Baroness retains her portfolio. Does she agree that, despite the genuine success of the Cairo population conference, it is an urgent issue? Does she accept that the figures that she has just given show a remarkable increase—something like a doubling in support over five years? How does she intend to enthuse others—namely, NGOs and other countries—so that they share her enthusiasm in the field of reproductive health?
Baroness Chalker of Wallasey: My Lords, I thank the noble Viscount and your Lordships' House for the rather welcome endorsement of my remaining in place. Of course, the issue is still urgent because 254,000 children are born each day; that is, 176 each minute. That means that our current world population of 5.6 billion will increase by 1,000 million in the next decade and then increase further. Therefore, in the next century, the world population may triple. That is why the matter is so urgent.
We are doing more than we had expected and I am glad that it will not be at the expense of other projects in the social field but will be from savings made and money diverted to that very important task. I shall continue to enthuse as many people as I can wherever I go because the world food stocks simply will not meet even the current needs of the population in overcrowded countries. As those numbers increase, the situation, pressure and perhaps person-to-person violence will get worse unless we take real action on family planning.
Baroness Seear: My Lords, does the noble Baroness agree that it is generally understood that the education of women is probably the most important single item in improving the population situation? What are the literacy rates for women in India, Pakistan and sub—Saharan Africa? How much money is earmarked for that purpose in the aid programme?
Baroness Chalker of Wallasey: My Lords, I should love to be able to give those figures to the noble Baroness, Lady Seear, but I do not have them in my population and family planning file. I do not wish to misinform her. I shall write to her and put a copy of the letter in the Library.
Baroness Flather: My Lords, the Minister is going to the Beijing conference. We know that there is a lot of pressure there to turn around the agenda from the Cairo conference. I believe that at the preliminary conference certain issues are to be taken up and earmarked to be debated which we thought had been accepted by everybody because they were the main issues accepted at the Cairo conference. Will my noble friend explain what would happen if the worst came about and some of those matters were turned around and not accepted at the conference in Beijing?
Baroness Chalker of Wallasey: My Lords, the main purpose of the Cairo conference was to promote sustainable development and slow population growth through strategies for better reproductive healthcare,
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including access to family planning. It is essential that all the gains that we have made at the Cairo conference are carried forward in Beijing. I have every confidence that people around the world will be sufficiently sensible to see that that happens.
I understand the anxiety shared by a number of noble Lords that some aspects of the Cairo conference may be slightly endangered. However, I can fairly say to my noble friend that there are enough people around who know the score. I shall not speculate about a negative possibility when I am working flat out for a positive outcome because that is what the women and men of the world want. They want access to family planning help and for women to be treated on a par with men. That is what we hope the conference at Beijing will deliver.

Environment Bill [H.L.]
3.9 p.m.
The Minister of State, Department of the Environment (Earl Ferrers): My Lords, I beg to move that the Commons amendments be now considered.
Perhaps I may say one or two things in general about this Bill on the subject of this Motion before we consider the Commons Amendments in full, as the list is fairly compendious.
I stand here with a certain amount of temerity. Some of your Lordships have had cause to be deeply involved with the Bill in its earlier stages. That has not been my good fortune so far, as I have been involved with other matters. I hope that the noble Lord, Lord Williams of Elvel, will avoid the temptation of treading all over the "new boy" and inadvertently thereby over the Government as well. The noble Lord is a kindly person and I am sure that that would be far from his mind. But in case it did enter the inner recesses of his mind, I hope that he will exorcise it forthwith.
The list of amendments is pretty formidable. However, a very large proportion of them meet concerns which were expressed by your Lordships before. As a listening, caring government, we listened to your Lordships and took the opportunity of the Bill's passage in another place to table amendments to meet the concerns of your Lordships. I hope in that respect at least that we shall receive some brownie points.
Air pollution was an issue on which many of your Lordships felt strongly. The noble Lords, Lord Lewis of Newnham and Lord Nathan, and my noble friend Lord Jenkin of Roding, among others, all spoke with much conviction. We have now brought forward important new clauses introducing an air quality strategy.
We have also introduced a new clause and substantial schedules on old minerals planning permissions, which I hope will meet the concerns expressed by my noble friends Lord Addison, Lord Glenarthur and Lord Campbell of Croy.
The contaminated land provisions have been substantially amended, and I think improved, in the light of comments and concerns which were raised by your Lordships. In particular, we have removed the separate

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identification and handling of closed landfills, as was suggested by my noble friends Lord Lucas of Chilworth, Lord Crickhowell and Lord Mills.
We have introduced arrangements for consultation and negotiation on remediation requirements, as was suggested by my noble friend Lord Coleraine; and we have refined the provisions relating to liabilities, which were the subject of amendments moved by the noble Lord, Lord Northbourne, the noble Earl, Lord Lytton, and my noble friend Lord Kinnoull.
Other amendments address matters which were raised by the noble Baroness, Lady Nicol, on water conservation; by the noble Earl, Lord Lytton, on spray irrigation; by the noble Lord, Lord Moran, on fish gratings, and by my noble friend Lord Wade on combined heat and power.
Having considered some of the points which were made by my noble friends Lord Crickhowell and Lord Mills, we have also made some amendments to the agency provisions. The Government have also accepted one of the two amendments on which your Lordships voted when the Bill was laid before your Lordships earlier, even though it was against the Government's preference. We have made further amendments in order to clarify the amendment which was originally tabled by my noble friend Lord Stanley and which was accepted by your Lordships, and also to bring the Scottish provisions into line with it.
In discussing these amendments, I hope that your Lordships will feel that the Government have come a long way to meet many of the desires of your Lordships and that the Bill will be much improved as a result.
I apologise for the list of amendments, which I am sure that many of your Lordships, as I did, found mildly daunting. But many of them are connected and we shall be able to speak to a great many at a time, according to the way in which they are grouped, if that is to the convenience of your Lordships. I point out that those are the reasons why the list is as long as it is.
Moved, That the Commons amendments be now considered.—(Earl Ferrers.)
3.15 p.m.
Lord Williams of Elvel: My Lords, the House will be grateful to the noble Earl for introducing what will possibly be a long debate. I shall be the first to congratulate the noble Earl on his debut on the Environment Bill. We have had many debates and I am sure that the noble Earl in his new capacity has read through all of them with the greatest of interest. I have no intention at all of treading on any of the noble Earl's or the Government's corns or whatever.
However, I find 337 amendments coming before your Lordships this afternoon rather a heavy menu. Your Lordships may remember at Second Reading I described this Bill as a curate's egg—good in parts and bad in others. The putative curate—I cast the noble Earl in that role—may now be satisfied with the Bill he is putting before us. In so far as the amendments produced by the Commons satisfy the concerns of your Lordships' House, we shall give them a very fair wind. However,
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there are other amendments produced by the other place, which are contrary to the decision of your Lordships and the wind may not be so fair. Having said that, let me say from the Opposition that we wish to deal expeditiously with the amendments and not take up the time of the House.
On Question, Motion agreed to.

Environment Bill [H.L.]
  MOTIONS AND AMENDMENTS TO BE MOVED ON CONSIDERATION OF COMMONS AMENDMENTS
  [References are to Bill (85) as first printed for the Commons.]

  COMMONS AMENDMENT
  1 Clause 1, page 1, line 12, after first 'Agency' insert 'or, in Welsh, Asiantaeth yr Amgylchedd'.
  Earl Ferrers: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. I. Perhaps I may also speak to Amendments Nos. 309, 325, 333 and 334. Amendment No. 1 is tabled by the Government in response to that tabled at Report stage by the noble Lord, Lord Elis-Thomas. It confers a Welsh name on the agency which it can use as it judges appropriate. I am sure that that would meet with the approval of the noble Lord, Lord Elis-Thomas, were he here as I see that he is not. I beg to move.
  Moved, That the House do agree with the Commons in their Amendment No. 1.—(Earl Ferrers.)
  On Question, Motion agreed to.

  COMMONS AMENDMENT
  2 Clause 3, page 5, line 31, leave out subsection (8).
  Earl Ferrers: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 2. At the same time it may be convenient if we consider Amendments Nos. 12, 13, 24, 25, 161, 192, 193, 202, 210, 239, 240, 241, 243, 268, 274, 275, 291, 292, 294, 298, 299, 308, 311 and 326. This group comprises a number of minor and technical amendments. I beg to move.
  Moved, That the House do agree with the Commons in their Amendment No.2.—(Earl Ferrers.)
  Baroness Hilton of Eggardon: My Lords, this is indeed a long list of technical amendments, but there is one in particular which I wish to bring to the attention of the House and to ask the Minister to explain in slightly greater detail. I refer to Amendment No. 13, which appears to give very wide-ranging and extensive powers to Ministers. It appears to suggest that a Minister may order the agency to do anything he chooses
  "under this section or any other enactment".
  That is an extraordinarily wide power and grants to a Minister, who may find some obscure and irrelevant piece of legislation unrelated to the agency's functions, the power to direct the agency to act on it.
  In this arena we are back to the problem of the agency not being given an overriding, overarching purpose which would confine the actions which a Minister might wish to take under this particular measure. We had long debates at earlier stages of the Bill that the agency is given no specific purpose in existing at all. Indeed, its purpose, as laid down by the Bill, is to carry out the

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  functions transferred or assigned to it under the Bill. We have spent many hours arguing that it should have some specific role to protect or enhance the environment. It is this defect in the Bill—the fact that the agency has no specific function—which makes the extension of this particular section so odd. As far as I can see, it enables a Minister to require the agency to do almost anything. I should be grateful if the Minister could enlighten us as to why Ministers need this extraordinarily wide-ranging power to direct the agency and whether there are any restraints or confinements on what a Minister may do under this section, as it has been suggested it should be amended.
  Earl Ferrers: My Lords, I do not believe that there is anything too much for the noble Baroness to be unduly concerned about. Amendment No. 13 says that the new agencies are to comply with directions given to them by Ministers. It removes any doubt that that is so. Amendments Nos. 12 and 13 were tabled because the European Commission has questioned the absence of a similar provision in Section 5(5) of the Water Resources Act 1991 and indicated that it would seek to challenge directions which are made without that sort of provision. We are confident of having an answer to such a challenge. We thought however that it would be a waste of time and money to try to fight such a case in the European Court of Justice. Part of the reason for the amended Clause 38 is to have available the means to implement European Community obligations by direction and to ensure that this provision satisfies the requirements of European Community law. Therefore, we consider that it is appropriate to put in those provisions in order to avoid any misunderstanding.
  On Question, Motion agreed to.

  COMMONS AMENDMENT
  3 Clause 5, page 7, line 14, leave out 'section 161' and insert 'sections 161 to 16IC'.
  Earl Ferrers: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 3. I shall also speak to Amendments Nos. 171, 177, 179, 251, 252, 253, 257, 259, 287, 288 and 293.
  During our Committee and Report stages my noble friend Lord Crickhowell moved amendments for the introduction of an anti-pollution notice procedure into the powers available to the environment agency under the Water Resources Act. Amendment No. 287, which stems from these proposals, enhances the powers of the agency to prevent water pollution and to ensure that clean—up works are carried out where such pollution has occurred. The NRA already has a power under Section 161 of the Water Resources Act 1991 to carry out anti-pollution works itself and then seek to recover costs from a polluter or a potential polluter.
  Amendment No. 287 introduces new Sections 161A, 161B and 161C to the 1991 Act. Section 161A will enable the agency to serve a notice which will require a polluter or a potential polluter to carry out anti-pollution works. We envisage that this power will he of particular value in preventing pollution incidents from occurring. The notice, which is called a "works" notice, will be
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  served after consultation and will set out the actions which must be carried out and the date for their completion.
  The remainder of the amendments in this group are consequential and there are those which provide analogous powers to the Scottish environment protection agency.
  Moved, That the House do agree with the Commons in their Amendment No. 3.—(Earl Ferrers.)
  On Question, Motion agreed to.

  COMMONS AMENDMENTS
  4 Clause 6, page 8, line 28, leave out 'and'.
  5 Page 8, line 36, at end insert 'and
  (c) in the case of sections 31 to 34 and 36(2) of the Salmon and Freshwater Fisheries Act 1975 as applied by section 39(IB) of that Act, so much of the catchment area of the River Esk as is situated in Scotland,'.
  The Earl of Lindsay: My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 4 and 5. With these amendments I should like to speak to Amendments Nos. 162, 223 to 228, 313 to 315 and 322. These amendments are for two purposes. First, they strengthen fisheries enforcement in the River Esk. Secondly, they introduce new requirements regarding the fitting of screens at fish farms.
  The first set of amendments, Nos. 4, 5 and part of No. 227, relate to fisheries enforcement on the River Esk. Although the NRA is responsible for managing and enforcing fisheries throughout the whole of the River Esk, in Scotland it does not have the power to carry out its duty effectively. These amendments will enable the new environment agency's water bailiffs to pursue individuals suspected of fisheries offences committed on the River Esk or its tributaries to be apprehended throughout the entire catchment of the River Esk, including that part which lies in Scotland. At the moment their authority is restricted to the river with its banks and tributary streams in Scotland, whereas they apply throughout the whole of the English part of the catchment. The amendments will mean that poachers in the Scottish part of the catchment will no longer have a better chance of escape and enforcement will be improved throughout the river system. If it proves necessary for a bailiff to search property in Scotland, he will need a search warrant from the sheriff or from a Scottish JP in the same way as a Scottish water bailiff does.
  I now turn to the amendments relating to screens. During our Committee and Report stages the noble Lord, Lord Moran, tabled amendments which would, in effect, require gratings to be fitted to fish farm intakes in order to protect wild fish. The Government agreed to consider that proposal and, if appropriate, to bring forward amendments in another place. That is the effect of the remaining amendments in this group. They have two main purposes—to prevent salmon and migratory trout from becoming trapped in fish farm intakes and outfalls and to prevent farmed fish from escaping into the wild. This latter point reflects a particular concern expressed by my noble friend Lord Mills.

  1477
  Amendment No. 223 will replace Section 14 of the Salmon and Freshwater Fisheries Act 1975. This section currently requires certain water and canal undertakings and mills to fit gratings—the design of which must be approved by Ministers—to water intakes and outfalls in rivers. The new provision extends the requirement to fit gratings (now referred to as "screens") to fish farms and provides that these must be capable of preventing the ingress of wild fish and the escape of farmed fish. It also removes the requirement for ministerial approval. Instead, more general requirements similar to those enshrined in recent Scottish legislation will apply to the placing and nature of screens and will allow for the use of devices other than gratings to prevent the passage of fish.
  Amendment No. 224 replaces references to "gratings" in Section 15 of the 1975 Act with the term "screens" to bring it into line with Section 14. Amendments Nos. 225, 226, part of 227, 228, 313 to 315 and 322 make consequential amendments to Schedules 12, 19 and 20 to the Bill. Amendment No. 162 makes a minor technical amendment to Clause 88—which introduces Schedule 12—to bring the wording into line with the heading of that schedule.
  Moved, That the House do agree with the Commons in their Amendments Nos. 4 and 5.—(The Earl of Lindsay.)
  Lord Carmichael of Kelvingrove: My Lords, I believe that in general these provisions are an advance on what we had before. I agree with the amendments, but there was one point that puzzled me as regards water bailiffs. When we discussed the Salmon Bill in this House we had a serious discussion as regards the powers of water bailiffs. The Scottish water bailiffs, as far as I remember, do not require a search warrant to break open the boot of a car. I remember discussing this point with the noble Lord, Lord Burton. A water bailiff, if appointed by the riparian owners in an area, has the power, without a search warrant, to break in. If we are to follow the English practice and require search warrants, I believe that that is an advance. If the Minister cannot find the answer to that question at the moment among his mass of papers, perhaps he will inform me of it in writing.
  The Earl of Lindsay: My Lords, I shall write to the noble Lord. There is a difference between the power to enter, which he has of right, and the power to search property where he needs a proper search warrant. However, I shall write to the noble Lord with the details.
  On Question, Motion agreed to.

  COMMONS AMENDMENTS
  6 Clause 11, page 13, line 19, leave out ', with the consent of the Treasury,'.
  7 Clause 13, page 15, line 33, leave out ', with the consent of the Treasury,'.
  Earl Ferrers: My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 6 and 7. I would also like to speak to Amendments
  1478
  Nos. 14 to 23, 26 to 30, 191, 194 to 201, 285, 286, 290, 302 to 304, 307, 329, 330 and 332 on the subject of payments, charging powers, revenue and funds.
  Amendments Nos. 6, 7, 191 and 194 to 201 remove the requirement for Treasury consent to payments made to members of the agency, SEPA or their various committees. Amendments Nos. 14, 15 and 16 respond to concerns expressed by my noble friend Lord Lucas of Chilworth in this House at Committee and Report stages that subsistence charges in relation to waste management licences should not he levied until works have commenced at the site. Amendments Nos. 18, 286 and 329 are minor and technical amendments which provide a more straightforward approach to the agencies' powers to charge for incidental functions.
  The underlying purpose of Amendment No. 19 is essentially technical. It would enable the return to the Consolidated Fund of receipts, other than surpluses which, in line with the normal rules of government accounting, ought to be returned to the Exchequer. An example would be windfall receipts relating to products developed by the agency following research or development work funded by central government grant. The amendment is necessarily drafted in wide terms. But I can assure your Lordships that there is no expectation that the power will apply new provisions to any of the sources of income inherited by the agency from its predecessor bodies. If it ever did, any income returned to the Consolidated Fund because of a technical reclassification would, under standard procedures, be offset by matching additional public expenditure provision.
  The noble Baroness, Lady Hamwee, and the noble Lord, Lord Carmichael of Kelvingrove, both spoke during our Committee stage about SEPA's borrowing limits. Having reflected on what they said during that debate, the Government brought forward Amendments Nos. 22 and 23. Amendment No. 22 would increase SEPA's borrowing limit from £2 million to £5 million. Amendment No. 23 would further enable my right honourable friend the Secretary of State for Scotland to increase this limit by order up to £10 million.
  The purpose of Amendments Nos. 5, 27 and 30 is to extend the definition of "environmental licence" in Clause 53 of the Bill to include the registration of an activity exempted from waste management licensing under paragraph 45(1) or (2) of Schedule 3 to the Waste Management Licensing Regulations 1994 (as amended).
  The majority of the other amendments in this group are minor and technical.
  Moved, That the House do agree with the Commons in their Amendments Nos. 6 and 7.—(Earl Ferrers.)
  3.30 p.m.
  Lord Williams of Elvel: My Lords, I am grateful to the noble Earl for explaining the amendments. It appears that Treasury approval has been removed by another place in relation to certain payments, salaries and expenditure. Why was Treasury approval required in the first place? Your Lordships have argued this point on many occasions. Although I accept that the Treasury has to approve certain matters, why did the Government

  1479
  produce a Bill to your Lordships which included Treasury approval for practically anything one could think of and then suddenly in another place concede that the Treasury has no right to impose limits on any of these payments? Can the noble Earl please clarify that point?
  Lord Lucas of Chilworth: My Lords, before my noble friend responds perhaps I may make a few remarks with regard to Amendments Nos. 14 to 16.
  In his opening remarks my noble friend the Minister outlined the scope of the amendments. As my noble friend mentioned, Amendments Nos. 14 to 16 are the first of the amendments with which I was involved all those weeks ago. I am very pleased that on more mature consideration after the Bill left your Lordships' House the Government and the other place were able to accept a number of suggestions that I and other noble Lords made during the long passage of the Bill earlier this year. I am grateful for that further consideration.
  In order to save your Lordships' time, I shall address the same remarks to the amendments to Clause 15(4), starting with Amendment No. 30, dealing with contaminated land. I and those in the industry who are involved in these matters are grateful that upon more mature consideration our suggestions have borne fruit, as we see in the amendments before us this afternoon.
  Lord Boyd-Carpenter: My Lords, I wonder why, if it is now to be dropped, the provision for Treasury consent was originally included in the Bill. It is very unusual to find a government amendment supporting the removal of the necessity for Treasury consent. As an old Treasury hand I look on that with a certain lack of sympathy. I believe that we should be told what was the argument for including the necessity for Treasury consent which moved the Government to put it into the Bill and to keep it in the Bill up to this stage.
  Earl Ferrers: My Lords, first, I should like to thank my noble friend Lord Lucas of Chilworth for the gratitude he expressed not only for Amendments Nos. 14 to 16 but also for others to be dealt with later.
  The noble Lord, Lord Williams of Elvel, and my noble friend Lord Boyd-Carpenter asked why the Treasury had changed its mind. The Treasury always has to keep a tight rein on how money is spent. That is perfectly right. Some people curse the Treasury because it keeps too tight a rein and regard that as intolerable. Now, when the Treasury releases that control, the noble Lord, Lord Williams, and my noble friend Lord Boyd-Carpenter seem to think that that is a retrograde step. There is nothing particularly bad about it.
  Lord Boyd-Carpenter: My Lords, I did not say that it was a retrograde step. I asked what was the argument for the inclusion of the provision in the Bill originally.
  Lord Williams of Elvel: My Lords, with the leave of the House, I asked exactly the same question. Why did the Bill come to us in this House with Treasury approval? I am neutral on the subject. And why, when the Bill went to the other place, was the need for Treasury approval removed? I do not understand that. I echo the remark of the noble Lord, Lord Boyd-Carpenter, and I repeat my question. Will the
  1480
  noble Earl please explain why the Bill came to us in the first place with Treasury approval and then went to another place and now returns to us with that provision removed?
  Lord Renton: My Lords, what was in the Bill originally is now part of history. The Bill has been magnificently improved by the Government, at the behest of your Lordships. I should have thought that we could rejoice in the present situation in which the Treasury is relieved of one of its many obligations.
  Earl Ferrers: My Lords, I am deeply grateful to my noble friend, who always makes penetrating and sensible observations.
  I was in the process of trying to explain the matter to the noble Lord, Lord Williams of Elvel, but he gets so impatient. It is part of the Treasury tradition to have these matters in Bills because it has to keep a tight rein on expenditure. However, on giving further consideration to the matter Treasury Ministers decided that this was not necessary. That decision reflects a relaxation, with which I should have thought my noble friend Lord Boyd-Carpenter would have been delighted. Indeed, he said that he was delighted.
  Nevertheless, the payments and conditions concerned are still subject to the approval of the relevant Secretary of State or Minister. In other words, there has been only a marginal change. One does not need to obtain Treasury consent, but these matters arc subject to the approval of the relevant Secretary of State or Minister.
  Lord Hughes: My Lords, I can understand my noble friend wishing to have information about this rather unusual provision. However, I suggest to him that we should not look a gift horse in the mouth.
  On Question, Motion agreed to.

  COMMONS AMENDMENT
  8 After Clause 24, insert the following clause:—
  Assessing flood rick
  '.—(1) Without prejudice to section 92 of the Agriculture Act 1970 (provision of flood warning systems), SEPA shall have the function of assessing, as far as it considers it appropriate, the risk of flooding in any area of Scotland.
  (2) If requested by a planning authority to do so, SEPA shall, on the basis of such information as it holds with respect to the risk of flooding in any part of the authority's area, provide the authority with advice as to such risk.'.
  The Earl of Lindsay: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 8. It may be helpful to your Lordships if I speak also to Amendments Nos. 10, 11, 235 to 238 and 310.
  During the Committee stage the noble Lord, Lord Carmichael of Kelvingrove, urged us to give SEPA a stronger role in relation to flooding. Amendment No. 8 will give SEPA such a stronger role by conferring upon it a function to assess, as far as it considers appropriate, the risk of flooding in any area of Scotland. It will also require the agency to provide a planning authority with advice on flood risk, on request, based on all information available to it. Placing such a duty on SEPA to provide advice will ensure that sound advice is available to planning authorities.

  1481
  The amendment, taken together with existing statutory provisions, will ensure that councils can take well-informed decisions on flooding matters which will reflect local concerns and the general public interest.
  In Committee the noble Lord also expressed concern about an unnecessary burden which would be placed on SNH under Clause 33 of the Bill. The provision in question would have required SNH to give its reasons for considering that an area of land might be affected by the activities of SEPA. We had originally considered this to be a sensible measure since it would ensure that SEPA would know why SNH thought in the first instance that SEPA's activities might adversely affect an area of land. We still believe that it would be useful for SEPA to have that information but accept that that can be done without it being written on the face of the Bill. Amendments Nos. 10 and 11 therefore remove that duty.
  Amendments Nos. 235, 236, 237 and 310 provide for the application of Scottish water and sewerage legislation to the Crown. Crown immunity is being progressively reduced as legislative opportunities arise. The proposals are consistent with our Citizen's Charter initiative and will ensure the same level of statutory protection for consumers of Crown water and sewerage services north and south of the Border.
  Amendment No. 238 is a minor drafting amendment to Section 18(1) of the Rivers (Prevention of Pollution) (Scotland) Act 1951 which will ensure that all remaining references to the river purification authorities are converted to references to SEPA.
  Moved, That the House do agree with the Commons in their Amendment No. 8.—(The Earl of Lindsay.)
  Lord Ewing of Kirkford: My Lords, will the Minister comment on the lack of enforcement powers for SEPA? In speaking to the amendments before your Lordships the Minister made specific reference to the advisory role of SEPA in relation to flood prevention. There can be no doubt that, for example, one of the reasons for the floods in Perth some two years ago was the land use policies of the hydro-electricity companies, which operate at a fairly high level above the city of Perth and its low-lying environs round Bridge of Earn and various other villages. I know that we are too late to amend the provision now, but unless SEPA has enforcement rather than advisory powers, it is my guess—I hope I am wrong—that those flood catastrophes will continue to occur. SEPA is under an obligation only to give advice to local authorities if the local authorities request such advice. In my view it would have been far more progressive to give SEPA the powers to give advice whether or not the local authority sought that advice. After all, the Scottish Environment Protection Agency has been created in order to try to prevent some of the pollution and flooding problems that we have had in the past.
  Perhaps I may turn briefly to the question of Crown immunity. I welcome the strengthening of the Bill regarding SEPA's advisory role (although I would have liked to see it with an enforcement role) and Crown immunity. However, there is an interesting passage in
  1482
  the amendments coming from another place. If the Secretary of State—I assume that to mean the Secretary of State for Scotland—decides that a building is in the national interest, the water and the sewerage Acts would not apply to that building. For the life of me, I cannot think of a building throughout the length and breadth of Scotland that would be so much in the national interest that the provisions of the water and sewerage Acts would be disapplied to it. For goodness sake, I hope that we shall not be told by the Secretary of State that, for example, Barlinnie Prison, Peterhead Prison or Saughton Prison is in the national interest and therefore the provisions of the water and sewerage Acts should be disapplied. That would be an absolute disaster.
  Against that background, perhaps the Minister will give an example of the type of building that the Secretary of State could designate as being in the national interest and to which the provisions of the water and sewerage Acts would be disapplied. I would have hoped that the part relating to Crown immunity could be omitted from the amendment. However, so long as that provision is among the powers given to the Secretary of State, then the whole question of Crown immunity still prevails. With that qualification I still welcome the amendments.
  The Earl of Balfour: My Lords, before my noble friend replies to the noble Lord, Lord Ewing, perhaps this is a case where a building could be entirely covered by private water and sewerage facilities. It is an issue that I raised during debate on the Bill. Perhaps I may say that I have a vested interest. On my estate there is a private supply to 43 households. In addition, in a number of cases the sewerage could not possibly be maintained or cleaned out by the new water or sewerage authorities in Scotland. I have to deal with that responsibility.
  The Earl of Lindsay: My Lords, a number of interesting points have been made by my noble friend Lord Balfour and the noble Lord, Lord Ewing. The first point made by the noble Lord, Lord Ewing, related to SEPA's ability to advise local authorities on flooding. We looked at the matter carefully in drafting the Bill. I make this essential point. We believe that the lead in all planning matters must be unambiguous. Local authorities already have all the powers they need to tackle flooding and to take any precautionary measures against the threat of flooding. Local authorities must retain unambiguously that responsibility to prevent flooding. Similarly, with its undoubted role in planning, we believe that it is much better that an elected council makes the final decision as to where development can or cannot take place, having taken all factors into account.
  Underlying the noble Lord's concern is the assumption that SEPA may have assessed a threat of flooding—it can do so without having been so solicited—but then a local authority refuses to request formally that advice. In no way do we see that gulf between SEPA and local authorities. We anticipate the level of communication between the SEPA main hoard and CoSLA, and between the regional SEPA hoards and the regional local authorities, as being quite close. We anticipate local authority figures serving on some of the

  1483
  regional boards. We know that there will be extensive communication between the planning arm of the local authorities and the SEPA regulatory arm. Therefore, although technically the noble Lord may have defined a situation which concerns him, I think in practice it will not arise.
  On the noble Lord's second point, my short and simple answer is this. My right honourable friend the Secretary of State, I believe, cannot suddenly define "national interest" in such a way that it scoops up another basket of structures and parts of the built heritage. It is done largely by precedent. If I have misled him on that point, I shall write to him.
  On Question, Motion agreed to.
  3.45 p.m.

  COMMONS AMENDMENT
  9. After Clause 25, insert the following clause:—
  Power of SEPA to obtain information about land
  —(1) Where, with a view to performing a function conferred on it by any enactment, SEPA considers that it ought to have information connected with any land, it may serve on one or more of the persons mentioned in subsection
  (2) below a notice—

  (a)specifying the land, the function and the enactment; and

  (b)requiring the recipient of the notice to furnish to SEPA, within such period of not less than 14 days from the date of service of the notice as is specified in the notice—

  (i) the nature of his interest in the land; and

  (ii) the name and address of each person whom he believes is, as respects the land, a person mentioned in subsection (2) below.

  (2)The persons referred to in subsection (1) above are—

  (a)the occupier of the land;

  (b)any person—

  (i) who has an interest in the land as owner, creditor in a heritable security or lessee; or

  (ii) who directly or indirectly receives rent for the land; and

  (c)any person who, in pursuance of an agreement between himself and a person interested in the land, is authorised to manage the land or to arrange for the letting of it.

  (3)A person who—

  (a)fails to comply with the requirements of a notice served on him in pursuance of subsection (1) above; or

  (b)in furnishing any information in compliance with such a notice makes a statement which he knows to be false in a material particular or recklessly makes a statement which is false in a material particular,

  shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.'.
  The Earl of Lindsay: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 9, and at the same time I shall also speak to Amendments Nos. 175, 258, 260, 262, 266, 278, 281, 289, 305 and 323. These all make minor improvements to the provisions relating to the new agencies.
  1484
  Amendments Nos. 9 and 260 are intended to ensure that the agencies will be able to require the owner, tenant or occupier of a particular piece of land, and any other person with an interest in that land, to provide information as to which persons have an interest in that land. The power is needed by the agencies in order to enable them to carry out their pollution control and prevention functions.
  Amendment No. 175 inserts a new clause which puts beyond doubt the ability of Ministers, the new agencies and local enforcing authorities to exchange information which will help them in carrying out their environmental functions. It makes clear that they can disclose such information to each other without risk of civil or criminal liability.
  Amendments Nos. 262, 278, 289 and 323 are consequential on the new clause. They amend the disclosure of information provisions in other environmental legislation to ensure that they are consistent with its provisions.
  My noble friend Lord Mills spoke to an amendment in Committee in this House, tabled in his name and that of my noble friend Lord Crickhowell, which would have extended the agency's powers to institute civil proceedings. At the time my noble friend Lord Ullswater said that he did not think the amendment was necessary. The Government have, however, decided that it would be desirable for the agency to have express powers to take proceedings in the High Court to secure compliance with an enforcement notice in cases where it considers that prosecution would be ineffectual.
  We have therefore brought forward Amendments Nos. 258 and 281 which give both the agencies additional powers to make sure that holders of water discharge consents cannot ignore the conditions in their licences. Amendment No. 305 makes a similar provision in respect of registrations to keep radioactive materials or to accumulate or dispose of radioactive waste.
  The provisions are modelled closely on powers already available to HMIP and HMIPI in respect of authorised IPC processes.
  Amendment No. 266 seeks to deal with a concern about Section 4 of the Environmental Protection Act 1990. Under Section 4(4) my right honourable friend the Secretary of State has the power to direct that HMIP or HMIPI regulate an industrial process which would ordinarily be regulated by a local authority. Under Section 4(8) such a direction must be advertised. However, one of the reasons he may see fit to issue such a direction is that the operation of the process has implications for national security. In such cases it is clearly not desirable that there is an obligation to advertise.
  This amendment would ensure that national security, which the Secretary of State is trying to protect in issuing the direction, will not be compromised by an obligation to advertise. I beg to move.
  Moved, That the House do agree with the Commons in their Amendment No. 9.—(The Earl of Lindsay.)
  Lord Renton: My Lords, I wish to refer to Amendment No. 175 on pages 45 to 47 in the list of Commons Amendments. I have tabled two amendments to the new clause which look rather technical, but they attempt to cure a defect in the Bill.
  I hope that your Lordships will bear with me if I try to explain it. Subsection (3) of the new clause provides for the exclusion of confidential information from the public registers in relation to contaminated land. The subsection is designed to ensure that the enforcing authorities respect the confidentiality of information which they obtain in the course of carrying out their pollution control functions.
  I have tabled Amendment No. 175A and with it, as a subsidiary amendment, Amendment No. 175B. Without my amendments, there would be a serious imbalance in the Bill. On the one hand, the authorities would be forbidden to place confidential information on the registers and, on the other hand, they would be at liberty to release that same information to anyone who requested it under entirely separate statutory provision; namely, the environmental information regulations. We are up against a conflict in the law.
  If confidential information could be revealed in that way, industry and owners of property would inevitably be much less willing to share their information voluntarily with the regulatory authorities. If that were so, it would result in a much less healthy relationship between regulators and regulated. It would inhibit the Government's wise policy of encouraging voluntary reductions in pollution and a voluntary regeneration of contaminated or derelict land.
  The amendment plugs the loophole. I am advised by a Queen's Counsel who is in practice—it is not an opinion which I first formed as a rusty old lawyer—that we must be careful. Disclosure of information may assist in the discharging authorities' environmental functions and therefore be expressly permitted by Section 111 of the Local Government Act 1972.
  There is a further conflict between what will become an Act of Parliament when we pass the Bill and what is an Act of Parliament, the Local Government Act 1972. So we must be careful. From various points of view it seems to be in the public interest, first, to ensure the voluntary disclosure of as much information as is relevant; and, secondly, to ensure that we get our duty as legislators right.
  Your Lordships may think it strange that I have to discuss the amendments which arise late on the Marshalled List of Commons Amendments, but I do so because of the groupings. If my noble friends on the Front Bench would prefer not to give an answer now because my amendments are starred, then I am quite willing to raise them later today when we reach Amendment No. 175. I do not believe it is appropriate for me to move my amendments now; I shall do so in due course. Meanwhile, I hope that your Lordships will forgive me for necessarily anticipating the situation.
  Baroness Hamwee: My Lords, I had thought that it might be for the convenience of the House if the noble Earl responded first. However, since I am on my feet, I wish to make a short point on Commons Amendment
  1486
  No. 175 to which the Minister spoke. It enables the new agencies to provide information. In other words, it is a discretion for the new agencies, it is not mandatory. I understand the need for a statutory provision to enable a new agency to provide information and although it will be able to do that, it may also say: "No, we refuse to do so". It will be interesting to the House to know whether the Minister can confirm that the agency has those powers. I imagine that if the agency were to take that stand on too many occasions and refuse to provide Ministers with information, then the Ministers would exercise their ability as appointors of members of a quango and would dis-appoint those members. Perhaps the Minister can clarify that being able to provide information does not mean that the agency will be required to provide information.
  The Earl of Lindsay: My Lords, as to my noble friend's Amendments Nos. 175A and 175B to which we shall come formally later on, I shall answer now. The issue of commercial confidentiality has been discussed on a number of occasions during the consideration of this Bill. I recognise that this is an important concern both to businesses which do not wish their commercial interest to be put at risk and to those seeking environmental information who wish to ensure maximum freedom of access.
  As I understand it, my noble friend is concerned that, while the Government have made provision for commercially confidential information to be excluded from registers, there appears to be no general restriction in the Bill on release of information obtained by an enforcing authority in the carrying out of its functions. Under the access to environmental information regulations of 1992, whereas information affecting matters to which any commercial or industrial confidentiality attaches must not be released if it is the subject of statutory restrictions on disclosure, where there are no such statutory restrictions there is discretion as to whether it should be withheld. My noble friend therefore appears to be concerned that information which is acknowledged by the authorities to be commercially confidential, and to be withheld from the registers, could nevertheless be released in response to an inquiry under the environmental information regulations.
  This matter has been considered carefully in the light of representations made to the department, including legal opinion. I cannot accept the proposed amendments which the Government continue to believe are unnecessary. Confidential information obtained in exercise of statutory powers for a particular purpose may only be used by them for that purpose. This general principle explains the need for, and is reinforced in the context of this Bill by, the terms of the Government's new clause making explicit provision for the disclosure of such information between enforcing authorities and Ministers. The environmental information regulations of 1992 require environmental information to be disclosed on request in certain circumstances. There is no obligation under those regulations to disclose environmental information which is commercially confidential. It follows that any regulatory authority would be most unwise to release environmental

  1487
  information obtained in exercise of statutory powers for a particular purpose and which it accepts is genuinely commercially confidential.
  In response to the noble Baroness, Lady Hamwee, an agency can refuse but we do not expect it to do so in any circumstances other than exceptional ones.
  I finish by saying that safeguards are built into the Bill on the disclosure of information. Nothing in the provisions will authorise the agencies to disclose to local enforcing authorities any information, the disclosure of which would be contrary to the interests of national security or employment census information obtained under the Statistics of Trade Act 1947. Nor is a local enforcing authority which is in possession of any such information authorised to pass it to any other local enforcing authority.
  Moreover, no information disclosed by virtue of this provision which is commercially confidential or which relates to issues of national security may be disclosed to anyone else. A general legal presumption to the effect that information may be used only for the statutory purpose for which it is collected, or in this case disclosed, will also apply. I hope that I have laid to rest the anxieties of my noble friend and the noble Baroness.
  4 p.m.
  Lord Renton: My Lords, perhaps I may have the leave of the House to reply briefly, instead of raising the matter later. I feel bound to point out that, according to advice that I have received from an experienced practising Queen's Counsel, there is no authority for the proposition that my noble friend has put forward. Statutory powers may generally be exercised for more than one statutory purpose. Disclosure of information may assist in the main statutory purpose, and therefore be in accordance with it.
  Disclosure of information may also assist in the discharge of the authorities' environmental functions and therefore be permitted expressly by the Local Government Act, as I said. It is very regrettable that the department is not prepared to accept this offer of help to remove what is a defect in the Bill. I do not suppose in view of what I believe is the wrong advice that my noble friend received, that much can be done about it now. I merely express my regret.
  On Question, Motion agreed to.

  COMMONS AMENDMENTS
  10 Clause 33, page 29, line 10, at end insert 'and'.
  11 Page 29, line 13, leave out from 'mentioned' to end of line 15.
  12 Clause 38, page 33, line 47, after 'given' insert 'under this section or any other enactment'.
  13 Page 34, line 6, at end insert:
  '() It is the duty of a new Agency to comply with any direction which is given to that new Agency by a Minister of the Crown under this section or any other enactment.'.
  14 Clause 39. page 34. line 40. leave out from 'whole' to end of line 41 and insert 'of any relevant licensed period;'.
  15 Page 34, line 42, leave out 'that' and insert 'any such'.
  16 Page 34, line 43, at end insert:
  1488
  'and in this subsection "relevant licensed period" means the period during which an environmental licence is in force or such part of that period as may be prescribed.'.
  17 Clause 40, page 36, line 50, at end insert:
  '(4A) If and to the extent that a charging scheme relates to any licence under Chapter II of Part II of the 1991 Act (abstraction and impounding), the Secretary of State may consider it appropriate to attribute to the carrying out of the Agency's functions in relation to activities to which such a licence relates any costs and expenses incurred by the Agency in carrying out any of its functions under Part II of that Act or under section 6(2) above.
  (4B) Subsection (4A) above is without prejudice to what costs and expenses the Secretary of State may consider it appropriate to attribute to the carrying out of any functions of a new Agency, the Minister or the Secretary of State in relation to activities to which environmental licences of any particular description relate.'.
  Earl Ferrers: My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 10 to 17 en bloc. These amendments were spoken to earlier.
  Moved, That the House do agree with the Commons in their Amendments Nos. 10 to 17 en bloc.—(Earl Ferrers.)
  On Question, Motion agreed to.

  COMMONS AMENDMENT
  18 After Clause 40, insert the following clause:—
  Incidental power of the new Agencies to impose charges
  '. Without prejudice to the generality of its powers by virtue of section 35(1) (a) above and subject to any such express provision with respect to charging by a new Agency as is contained in the preceding provisions of this Chapter or any other enactment, each new Agency shall have power to fix and recover charges for services and facilities provided in the course of carrying out its functions.'.
  Earl Ferrers: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 18. I spoke to this amendment with Amendment No. 6.
  Moved, That the House do agree with the Commons in their Amendment No. 18.—(Earl Ferrers.)

  AMENDMENT TO COMMONS AMENDMENT No.18
  18A After ("recover") insert ("reasonable").
  Baroness Hamwee: My Lords, I beg to move Amendment No. 18A as an amendment to Commons Amendment No. 18.
  My Amendment No. 18A on the Marshalled List seeks to provide that the charges that the agency can recover are "reasonable" charges. This clause relates to charging for services and facilities provided by the agency in the course of carrying out its functions.
  At earlier stages of the Bill there was a good deal of discussion about the level of charging by some of the present authorities. I was criticised for referring to an occasion when the National Rivers Authority had, I believe, charged £100 for a sheet of information. I was told that this was not merely a copying charge but that it reflected the research that had gone into preparing the

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  fact sheet. Without going into the merits of that particular charge, I believe that it points very clearly to the need to have some sort of limit on charging. These are public bodies. Although their function is not to work for private individuals—for developers, and so on—it is nevertheless entirely right that the information that they hold should be made available to the public on a basis which allows the public real access, not access only if they can afford a substantial charge. This is a freedom of information point. It is for that reason that I seek to amend Commons Amendment No. 18 by providing that the charges that can be made shall be no more than are reasonable.
  Moved, That Amendment No. 18A, as an amendment to Commons Amendment No. 18, be agreed to.— (Baroness Hamwee.)
  Earl Ferrers: My Lords, the noble Baroness may be misguided in her attempt to amend the legislation in this way. However, I quite understand that she is concerned about the provision of information. My noble friends Lord Ullswater and Lord Lindsay gave fairly specific reassurances in Committee about both the provision of information and the agencies' powers to charge reasonable fees for providing specific information. I understand the concern that those fees should be reasonable. However, I think it would be unreasonable to consider that those fees would not be reasonable.
  As regards provision of information by the agencies, the noble Baroness may be stretching the point a little. Both Commons Amendment No. 18 and her Amendment No. 18A are about the environment agencies' ability to charge for carrying out their functions. Clearly they ought to be able to charge; and clearly it would be quite intolerable if the agencies were not reasonable in the charges that they made. I do not believe that the noble Baroness's amendment to Commons Amendment No. 18 would be suitable.
  Baroness Hamwee: My Lords, I cannot pretend to be entirely happy with that answer, although I am not surprised either. Perhaps the best that we can do is rely on the good faith of Ministers who appoint members of the agencies in ensuring that, if the agencies are out of line in their charging policy and are making charges that are not appropriate in the eyes of the public, as the appointing Ministers, they bring that to the attention of the agencies and lean on them to behave reasonably. I beg leave to withdraw my Amendment No. 18A.
  Amendment No. 18A, as an amendment to Commons Amendment No. 18, by leave, withdrawn.
  On Question, Motion agreed to.

  COMMONS AMENDMENTS
  19 Clause 41, page 37, line 44, at end insert:
  '(2A) The appropriate Minister may, after consultation with the Treasury and a new Agency, give a direction to that new Agency requiring it to pay to him an amount equal to the whole or such part as may be specified in the direction of any sum, or any sum of a description, so specified which is or has been received by that new Agency.'.
  20 Page 38. line 5, leave out 'and (b)' and insert:
  '(b) subsection (2A) above is subject to sections 118(1)
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  (a) and 119(1) of the 1991 Act (special duties with respect to flood defence revenue and funds raised for fishery purposes under local enactments); and
  (c)". .
  21 Page 38, line 6, leave out from 'sections' to 'certain' in line 8 and insert '118(1) (b) and 119(2) of the 1991 Act (which provide for flood defence revenue and'.
  22 Clause 45, page 40, line 1, leave out '£2 million' and insert '£5 million'.
  23 Page 40, line 2, leave out '£5 million' and insert '£10 million'.
  24 Clause 50, page 42, line 18, leave out 'Subject to subsection (3) below,'.
  25 Page 42, line 29, leave out subsection (3).
  26 Clause 53, page 44, line 45, at end insert 'any of the following—'.
  27 Page 45, line 15, at end insert:
  '(j) registration in respect of an activity falling within paragraph 45(1) or (2) of Schedule 3 to those Regulations,'.
  28 Page 45, line 18, at end insert 'any of the following—'.
  29 Page 45, line 30, leave out'or'.
  30 Page 45, line 32, at end insert:
  '(j) registration in respect of an activity falling within paragraph 45(1) or (2) of Schedule 3 to those Regulations,'.
  Earl Ferrers: My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 19 to 30 en bloc. These amendments have already been spoken to.
  Moved, That the House do agree with the Commons in their Amendments Nos. 19 to 30 en bloc.—(Earl Ferrers.)
  On Question, Motion agreed to.

  COMMONS AMENDMENTS
  31 Clause 54, page 47, leave out lines 9 to 45.
  32 Page 47, line 46, leave out 'a closed landfill site' and insert 'any contaminated land'.
  33 Page 47, line 47, leave out from 'as' to end of line 48 and insert 'such a site by virtue of section 78BB(7) or 78BC(6)'.
  Earl Ferrers: My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 31 to 33 en bloc.
  It may be helpful if, in moving these amendments, I also speak to Amendments Nos. 36, 39 to 43 and 70 to 75. On Report, in response to an amendment moved by my noble friends Lord Crickhowell, Lord Mills and Lord Lucas of Chilworth, my noble friend Lord Ullswater undertook to look again at the treatment of closed landfill sites in the contaminated land regime. These amendments had the effect of removing the requirement for the separate identification of closed landfills, as well as the extra regulatory steps that were formerly proposed to be required of those sites.
  In the light of other changes made to these provisions, expanding the role of the environment agency and the Sottish Environment Protection Agency in giving guidance to local authorities, we no longer think there there is a need for particular treatment of closed landfill sites which are also contaminated land.

  1491
  These amendments also change the definition of special sites, for which the appropriate agency will itself be the enforcing authority. The descriptions of sites which will be required to be designated as special sites will now be set out in regulations and will not be restricted, as they were previously, to closed landfill sites which are likely to cause serious harm or serious pollution of controlled waters.
  The procedures for designation have also been amended, so that in most cases designation will be made by the local authority concerned and not by the Secretary of State. The amendments introduce a machinery for ensuring that designations are appropriately made, giving the agency the right to provide advice and to appeal against any designations. I beg to move.
  Moved, That the House do agree with the Commons in their Amendments Nos. 31 to 33 en bloc.—(Earl Ferrers.)
  Baroness Hilton of Eggardon: My Lords, I ask one question for clarification in relation to Amendment No. 42. New Sections 78B and 78C require that where the agency and the local authorities cannot agree that land must be designated as special, the matter must be referred to the Secretary of State. But there is no time limit laid down by which the Secretary of State must make a decision. That could in fact just provide a recipe for prolonged delay. I wonder whether the Minister could advise the House on what would seem to be a reasonable length of time in which the Secretary of State should be required to make some decision on the designation of sites as special.
  Earl Ferrers: My Lords, that is a very reasonable question from the noble Baroness but I think that it would be very unwise of me to give her an answer. I cannot tell her how long a reasonable period of time would be. Sometimes it may be rather longer than at other times. One would have to leave it to the discretion of the Secretary of State to do the best that he can.
  On Question, Motion agreed to.

  COMMONS AMENDMENT
  34 Clause 54, page 48, line 37, after first 'land' insert 'adjoining or'.
  Earl Ferrers: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 34. It may be helpful if I speak at the same time to Amendments Nos. 48, 58 to 62, 66, 76 to 86, 178 and 273.
  Many of the amendments in this group make minor or technical changes to the provisions. But they also address a number of specific issues, which I think it only proper to draw to the attention of your Lordships.
  Amendments Nos. 59 to 62 deal with the question of appeals against remediation notices. At first instance appeals of this kind go to the magistrates' court where the notice has been served by a local authority and to the Secretary of State where it has been served by the appropriate agency. Without specific further provision, appeals against decisions of the magistrates' court would only be available on points of law to the High
  1492
  Court. In the light of the complex legal issues and technical evidence which may be involved in some of the cases, we feel that it is appropriate that in some circumstances there should be a wider right to appeal against a decision of the magistrates' court. These amendments will allow regulations to be made providing for appeals to any specified court or tribunal.
  Proceedings for the offence of non-compliance with a remediation notice will also be brought in the magistrates' court; or in Scotland, the sheriff court. The penalty in either case would be a fine. Amendment No. 66 enables an enforcing authority, if it is of the opinion that such proceedings would afford an insufficient remedy, to take proceedings in the High Court, or in Scotland in any court of competent jurisdiction, to ensure compliance with a remediation notice. That power, which matches equivalent powers already in place under the statutory nuisance regime and proposed elsewhere in the Bill for other pollution control regimes, will give enforcing authorities the ability to seek injunctive relief where that is appropriate.
  Amendments Nos. 76 to 81 make changes to the provisions relating to the remediation registers to be maintained under this regime. At Committee stage, my noble friend Lord Ullswater, in response to an amendment moved by the noble Lord, Lord Northbourne, undertook to consider the question of the inclusion of information about actual remediation which is carried out on the land. Amendment No. 78 provides for the person who carries out the remediation, or the owner or occupier of the land, to provide such information for inclusion on the register. The Government do not believe that it would be appropriate for the enforcing authority to guarantee that information or to provide any "certificate of compliance". The amendment therefore makes clear that the authority maintaining the register is not responsible for the accuracy or otherwise of the information which is provided in it.
  Amendment No. 81 provides for the exclusion of information from the remediation registers where questions of commercial confidentiality or national security are involved. These provisions broadly reflect their equivalents elsewhere in the Environmental Protection Act 1990 which deal with other registers of regulatory actions. But for the purposes of these remediation registers, commercial interests which relate only to the value of the contaminated land in question, or otherwise to the ownership or occupation of the land, are to be disregarded for the purposes of considering whether information should be regarded as commercially confidential.
  Amendment No. 84 makes significant changes to the provision providing an exemption from personal liability for insolvency practitioners. The noble Earl, Lord Lytton, expressed concern in our earlier debates that receivers appointed under the Law of Property Act 1925 should be included within this exemption. I am happy to confirm that the definition of those persons "acting in a relevant capacity" who will benefit from the exemption includes all such receivers. The amendment also clarifies what the exemption covers. Insolvency practitioners and receivers will not be personally liable

  1493
  to bear any of the costs of remediation, nor can they be guilty of an offence of non-compliance with a remediation notice. However, the effect of this amendment is not intended to be the creation of a polluter's charter for insolvency practitioners. They will lose the benefits of the exemption with respect to any remediation which may be made necessary as a result of the presence of contaminants which are there in consequence of the acts or omissions of the insolvency practitioners which are unreasonable for a person who is acting in their capacity to do.
  Amendment No. 86 achieves two purposes. First, it relocates provisions relating to the interaction of this contaminated land regime with other environmental regimes. That includes the provision relating to illegal deposits of waste and fly tipping which was introduced at Third Reading in response to an amendment by my noble friend Lord Stanley of Alderley. Secondly, the amendment provides for regulations to apply the contaminated land regime to radioactive contamination. The new Section 78T follows closely the model provided by Section 78 of the Environmental Protection Act 1990 which dealt with the application of the waste management licensing regime to radioactive waste. The White Paper on radioactive waste policy published on 4th July confirms that the Government intend to use this regulation-making power and to bring in a regime for radioactive contamination soon after the main provisions come into force.
  Amendment No. 273 reworks the provision in Schedule 18 which removes the potential overlap between this contaminated land regime and the existing statutory nuisance regime in Part III of the Environmental Protection Act 1990. At Report stage my noble friend Lord Ullswater, in response to an amendment moved by the noble Baroness, Lady Hilton of Eggardon, promised that the Government would look further at this issue. Having done so, we have revised the formulation in order to ensure that, so far as is possible, there is neither an overlap between the two regimes nor a lacuna between them.
  Moved, That the House do agree with the Commons in their Amendment No. 34.—(Earl Ferrers.)
  4.15 p.m.
  Lord Stanley of Alderley: My Lords, perhaps I may raise a point which concerns not only this amendment but the next three groups of amendments which deal with contaminated land.
  First, I should like to thank the Government for accepting in principle many of the concerns on contaminated land raised by your Lordships and in particular, as my noble friend said, by the noble Lord, Lord Northbourne. I hope that my noble friend will not accuse me of looking a gift horse in the mouth when I say that it is a pity that a great deal is being left until we see the guidance and regulations. I wonder whether my noble friend can give me any idea of the how, why and when of them. Can he say who will be consulted on the guidance notes and regulations? However, I thank noble Lords and my noble friend for many of the amendments.
  Lord Peyton of Yeovil: My Lords, I should like to make two brief points. First, I understood my noble friend to say just now that there would be no guarantee of the accuracy of the contents of a register which was managed by an agency. What is the point of being so coy about it? What is the point of having a register at all unless someone who needs to consult it has a reasonable chance of being able to rely upon its accuracy?
  Secondly, in support of my noble friend Lord Stanley of Alderley, I should like to comment on the guidance. Again and again we are faced with long and complicated Bills. There are many clauses in the present Bill which do not yield up their meaning to casual inspection. They need to be studied with very great care before any meaning can be discovered with accuracy or some feeling of confidence.
  An awful lot is left to guidance. I do not feel that that should go without some mild protest on the part of your Lordships to say to the Government that they should endeavour to make their purposes clear at the time of legislating. They should not leave it until after the event, when there is no one to argue with them and, so far as I can see, they are entirely free to say, "This is what we meant and this is our advice to those who are affected by the Act". I hope my noble friend will take the point seriously. It is one which is of great concern.
  Lord Jenkin of Roding: My Lords, I echo what was said by my noble friend Lord Stanley of Alderley regarding the Government recognising many of the anxieties voiced while the Bill was passing through this House. The number of pages devoted to the Commons amendments on contaminated land is evidence of the substantial changes made when the Bill was in another place.
  The specific aspect about which I should like confirmation relates to the role of lenders; that is, bankers, building societies and so forth. It was raised at every stage of the Bill in this House and again in another place. My right honourable friend the Secretary of State, Mr. Gummer, was good enough, when meeting a delegation of lenders, to make it absolutely clear that in the Government's mind there was no intention whatever that lenders per se should become liable to have remediation notices served and to all the consequences that would flow from that.
  I am informed that some provisions have been made in the Bill—it is a little difficult to identify them in the many pages we have—which have gone part of the way to reflect that undertaking. What was said in another place by my right honourable friend Mr. Atkins was that this would be made abundantly clear in the guidance. While I understand the anxieties of my noble friend Lord Peyton in relation to guidance, can my noble friend Lord Ferrers give an unequivocal assurance to the House today that when the guidance is published it will include a clear statement that lenders per se are not to be the subject of contaminated land proceedings by way of notice of remediation? The interests outside this House were given to understand that that is the Government's intention, but they would like to see it in the report of this debate and in the guidance when it is published.
  Earl Ferrers: My Lords, first, I take any point made by my noble friend Lord Peyton seriously, not least his comment that these "technical" Bills, as he put it, do not yield up their meaning easily on casual inspection. I could not more heartily agree with him on that. But that often happens in legal matters. When matters become legal and technical they are difficult to understand. I cannot apologise to my noble friend for the Bill's complexity or for it being relatively difficult to understand; that is the nature of the beast.
  My noble friend Lord Peyton was concerned that the register was not accurate. He asked what the point was of putting something into the Bill and then saying that its accuracy could not be guaranteed. The point is that Amendment No. 78 provides for the person carrying out the remediation to provide such information as he can to be placed on the register. We believe that that is absolutely right. However, it is not right that the agency which runs the register should be held responsible for the accuracy of the information it contains. One assumes that it will be accurate, and I hope that it will be. But technically it is not possible to give a once-and-for-all guarantee that a site is no longer contaminated. The physical circumstances of the site can change over time and contamination may occur or containment works which have been undertaken may fail. It is appropriate that the register should say that such-and-such happened, that such-and-such has been done, and for the correct conclusion to be drawn from that.
  My noble friend Lord Stanley expressed an appreciation for the way in which some of the points have been met, and I am grateful to him for that. He asked when the guidance would be made: how, when and who would be consulted. The best that I can tell him is that consultation will probably be carried out at the end of the year and is expected to be very wide.
  My noble friend Lord Jenkin referred to the lenders. That is an important matter. However, it may be more appropriate to deal with it when we come to the next group of amendments, if my noble friend is happy for me to answer him at that time.
  On Question, Motion agreed to.

  COMMONS AMENDMENT
  35 Clause 54, page 49, line 17, at end insert:
  '"appropriate person" means any person who is an appropriate person, determined in accordance with section 78E below, to bear responsibility for any thing which is to be done by way of remediation in any particular case;'.
  Earl Ferrers: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 35. It may be helpful to your Lordships if at the same time I speak also to Amendments Nos. 37, 38, 44 to 47, 49 to 57, 63 to 65, and 67 to 69.
  The amendments in this group, particularly Amendment No. 56, make a number of significant changes to the enforcement procedures in the proposed contaminated land regime, and also re-work the provisions relating to liabilities. In many cases these amendments make changes which answer anxieties expressed by your Lordships in our earlier debates. We have introduced the important requirement for
  1496
  consultation to precede the service of any remediation notice, except in cases of urgency. My noble friend Lord Coleraine moved an amendment on this subject at Report stage.
  Following on from this consultation, enforcing authorities will be precluded from serving a remediation notice if they are satisfied that appropriate remediation is or will be taking place without one. In such cases, a remediation statement will be included on the remediation registers to ensure that information about the site is not lost.
  Amendment No. 67 strengthens the powers of enforcing authorities to undertake remediation themselves in appropriate circumstances. In particular, they will be specifically empowered to act in emergencies, where they have the agreement of the persons who would otherwise receive a remediation notice or where they cannot find any "appropriate person" on whom to serve a remediation notice. In such circumstances, the authorities would not serve a notice. They would, however, publish a remediation statement, which would go on the register.
  Another important circumstance in which an authority would be precluded from serving a remediation notice would be where it considered that hardship would result from the service of a notice. The noble Lord, Lord Northbourne, the noble Earl, Lord Lytton, and my noble friend Lord Kinnoull moved amendments on this question of hardship at Report stage. Under the original provisions of the Bill, hardship would have been considered only in circumstances where the enforcing authority was actually seeking to recover costs incurred in undertaking remediation where the recipient of a notice had failed to comply with the requirements set out in that notice. In other words, a notice would have been served—and not complied with—before the question of hardship was considered. Under the terms of the new Sections 78EA and 78HH, however, if the authority decides that it would not seek to recover all of its costs were it to act itself, it is precluded from serving a remediation notice. This means that hardship must be considered before any notice is served.
  Amendments Nos. 68 and 69 introduce a requirement that authorities should have regard to guidance from the Secretary of State in making decisions on questions relating to cost recovery and hardship. Amendment No. 56 is a substantial amendment and virtually re-writes the section which defines who is the "appropriate person" to be responsible for any remediation.
  My noble friend Lord Jenkin was concerned that the provisions still seek to implement the "polluter pays" principle, with liability falling on any person who,
  "caused or knowingly permitted the substances … by reason of which the contaminated land … is such land to be in, on or under that land".
  My noble friend Lord Coleraine expressed concerns about the meaning of the second element of this test— "knowingly permitted". He moved an amendment on Report. Concerns have also been raised by, among others, my noble friend Lord Jenkin, claiming that banks could be held liable as polluters by the act of lending money to polluting companies.

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  We have considered the matter again since the Bill left the House. As your Lordships may be aware, the test of "causing or knowingly permitting" has been used in environmental legislation for more than 100 years and during that time there have been no cases where a bank lending money to a polluter has been held liable to be a "causer" or a "knowing permitter". I can also confirm that the National Rivers Authority has not brought such a case against a provider of finance under its current powers in the Water Resources Act 1991 which are based on "causing or knowingly permitting".
  The test of "causing" requires some active participation in the operation or chain of operations resulting in the pollution. This has been well established in leading cases, including by the House of Lords in Alphacell Ltd. v. Woodward and by the Court of Appeal in Attorney-General's Reference (No. 1 of 1994). Accordingly, whether a lender could be held to have caused substances to be in, on or under the land will depend on whether it took some active participation in the operation or chain of operations resulting in those substances being in, on or under the land. The act of lending per se does not amount to such active participation.
  The test of "knowingly permitting" would require both knowledge that the substances in question were in, on or under the land and the possession of the power to prevent such a substance being there. I am advised that there is no judicial decision which supports the contention that a lender, by virtue of the act of lending the money only, could be said to have "knowingly permitted" the substances to be in, on or under the land such that it is contaminated land. This would be the case if for no other reason than that the lender, irrespective of any covenants it may have required from the polluter as to its environmental behaviour, would have no permissive rights over the land in question to prevent contamination occurring or continuing.
  Amendment No. 56 revises the definition of the "appropriate person", as regards polluters, in two important respects. First, we have introduced a limiting condition that any "polluter" can only be required to carry out any remediation which is to any extent referable to the substances for which he is responsible. He is, therefore, not liable for dealing with unrelated problems. This, I hope, will remove some of the concerns surrounding the issue of joint liability. The noble Lord, Lord Northbourne, the noble Earl, Lord Lytton, and my noble friend Lord Kinnoull moved an amendment on this matter at Report stage.
  Secondly, we have clarified the provisions relating to the question of joint liability, confirming that two or more persons can be required jointly to do the same things by way of remediation, with the costs of so doing being apportioned between them by the enforcing authority in accordance with the guidance to be issued by the Secretary of State. Amendment No. 63 gives a specific defence against any prosecution for non-compliance with a remediation notice where the sole reason for non-compliance was the refusal or inability of another person to comply who was expected to bear a proportion of the costs.
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  Where no "polluter" can be found, after reasonable inquiry, the owner or occupier of the land in question becomes the "appropriate person". In this, the contaminated land provisions follow directly the equivalent arrangements in the statutory nuisance regime in Part III of the Environmental Protection Act 1990. However, as my noble friend Lord Ullswater promised in our Third Reading debate, the Government have looked again at the operation of this provision with respect to liabilities for water pollution. Amendment No. 56 ensures that a person who is identified as an "appropriate person" solely by virtue of his ownership or occupation of land cannot be held liable for any remediation needed to deal solely with water pollution. This reflects the fact that there is no liability in respect of water pollution falling on owners or occupiers per se under Section 161 of the Water Resources Act 1991.
  Amendment No. 56 also addresses the question of the potential overlap between these provisions and the provisions in the Water Resources Act dealing with water pollution from abandoned mines. Concerns in this area lay behind a number of amendments moved by the noble Earl, Lord Kintore, at Report stage. We have resolved those by copying into these provisions the exemption from liability which applies with respect to water from abandoned mines under the Water Resources Act.
  Amendment No. 56 removes entirely two means by which liability might have fallen on owners or occupiers of land under the original provisions of the Bill. The first of these concerns "transfers of liability". The provision which would have allowed for polluters to have transferred their liabilities to new owners or occupiers of land—which the noble Lord, Lord Northbourne, the noble Earl, Lord Lytton, and my noble friend Lord Kinnoull sought to amend at Report stage— has been deleted. Having looked closely at the matter, the Government have concluded that it would be more practical to leave this question to be dealt with through the normal contractual means of guarantees and indemnities rather than to attempt to make detailed statutory provisions.
  The other issue concerns the circumstances in which a person is required to do things by way of remediation with respect to particular contaminated land notwithstanding that he may not be entitled to do them. In order to resolve this problem, under the original provisions of the Bill the consent of the occupier of the land was needed before any remediation notice could be served. Any refusal on the part of the occupier to give such consent would have made the owner or the occupier of the land himself liable for the remediation.
  These provisions have now been substantially restructured. There is now a requirement that, except in cases of urgency, any person whose consent might be required to enable remediation to be carried out should be consulted before a remediation notice is served concerning any rights which he might be required to grant. That person is then required to grant, or join in granting, the necessary rights of access. But any person required to grant rights in this way will be entitled to apply for compensation from the "appropriate person".

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  Regulations will prescribe the procedures for applying for compensation and the manner in which the amount of any compensation will be determined.
  I hope that these improvements will make the contaminated land problems a great deal easier to deal with and that the contaminated land regime will operate better in practice, both in terms of the mechanics of the regime and the equity and fairness of the arrangement relating to liabilities. I apologise for the length of my speech but this is an important matter and one about which many of your Lordships were concerned. I thought it appropriate to try to point out in the best and clearest way possible and in some detail how we have sought to meet the concerns expressed by your Lordships.
  Moved, That the House do agree with the Commons in their Amendment No. 35.—(Earl Ferrers.)
  Baroness Hilton of Eggardon: My Lords, I have one specific question which the Minister may feel reluctant to answer. It concerns "reasonable time". I realise that he was reluctant to commit a Secretary of State to what might be a reasonable time for making a decision but this is in relation to the enforcing authority. Where an owner intends to take appropriate remediation measures he must prepare and publish a remediation statement. Where he fails to do so in a reasonable time the enforcing authority may do so itself and recover the costs of so doing. I wonder whether the noble Earl might venture an opinion as to what is a reasonable time in this respect. As he is not committing a Secretary of State on this occasion, I hope we can get some kind of answer as to whether six months, a year, two years or five years might be considered a reasonable time.
  A more general and perhaps more important point relates to the costs to local authorities due to the introduction of these very welcome measures for dealing with contaminated land. For the first time local authorities will have an explicit duty to inspect their areas in order to identify contaminated land. The existing provisions, which are much more vague and tenuous, require only that they identify nuisances. The contaminated land test is set at a much lower level than the test for nuisance and therefore no doubt local authorities will be identifying far more contaminated land within their area. Moreover, this will require a much greater proportion of the land to be acted on.
  Local authorities are also required to determine whether these contaminated sites should be identified as special sites. Contaminated land will also include closed and abandoned mines. Following identification, local authorities must also consult with owners, occupiers and all others with an interest in the land before serving a remediation notice or accepting proposals from an owner for a remediation programme.
  All of those are considerable, time-consuming matters which will require additional staff and which may ultimately require additional capital investment. It has been estimated by the district councils that the formal inspection of land and the setting up of registers could mean that an additional one-and-a-half officers per district council are needed at an average cost of £30,000 per annum. Is it intended that that additional cost to
  1500
  local authorities will be funded from central funds? As we know, local authorities are already gravely overstretched through a number of other duties being imposed on them. The additional burden will make the welcome provisions of this legislation unworkable unless additional finance is provided for local authorities.
  Lord Jenkin of Roding: My Lords, I know that I speak for a number of my noble friends when I say how immensely grateful I am for the long statement which my noble friend the Minister has made about the position of lenders. Without wishing in any way to appear ungrateful, when my noble friend replies to this brief debate will he say whether that statement about lenders will be made quite clear in the guidance when it is issued?
  Lord Peyton of Yeovil: My Lords, I should like briefly to offer my warm congratulations to my noble friend on the skill with which he steered his way through the not always limpid clear waters of the amendments that we are now discussing.
  However, I wonder whether my noble friend could say just a word or two more about "appropriate person". Amendment No. 35 does not do a great deal to help me. Indeed, I suspect that not all of your Lordships will feel deeply grateful for the explanation that it contains. It states:
  '"appropriate person' means any person who is an appropriate person".
  That does not take me much further. It then states:
  "determined in accordance with section 78E below, to bear responsibility for any thing which is to be done by way of remediation in any particular case".
  Perhaps that particular piece of language should be enshrined in Hansard as an example of what ought to be avoided if at all possible. We are told by way of explanation that that implies that there can be more than one appropriate person in relation to any particular site. I am bound to say that that explanation and enlightenment succeeds in one thing: it adds to my confusion, but that may well be my fault and no one else's. I should be grateful if my noble friend could say a word or two about "appropriate person" because it might be important.
  4.45 p.m.
  Earl Ferrers: My Lords, I apologise again for the lengthy introduction to this group of amendments. I apologise also for the fact that it might have been a little tedious for your Lordships. But, as my noble friend Lord Jenkin realised, this is of considerable importance to many people.
  The noble Baroness, Lady Hilton, was keen to find out what I think "reasonable" means. I am afraid that I cannot give much of an answer because the "reasonableness" depends on the problem. Perhaps we can remove ourselves for a moment from consideration of the Bill. If the noble Baroness had left her handbag on a chair upon which I wanted to sit and I asked her to remove it, I might think that it was unreasonable if she took an hour to do so. On the other hand, if she was occupying my house and I asked her to move out of the

  1501
  house, it might be unreasonable to expect her to do so in under six months. A definition of "reasonableness" depends on the situation about which one is expected to be "reasonable". The question of how long is "reasonable" will have to be considered by local authorities, but I should have thought that it was likely to be a question of months rather than longer.
  The noble Baroness was also concerned about remediation. As I have said, the time period depends very much on the problems. The noble Baroness also referred to costs and asked whether local authorities would receive more funding. The Department of the Environment already runs a contaminated land survey and a supplementary credit approval programme to provide capital resources to local authorities for such work. Since 1990, some £40 million has been spent under the programme on investigation and remediation works at over 800 sites. The size of the programme is reviewed annually in the public expenditure survey. I have no doubt that that will continue and that local authorities will be affected accordingly.
  My noble friend Lord Jenkin asked whether the statement would appear in the guidance. I do not think that guidance can seek to construe primary legislation. There is a danger that if we seek to remove any doubt about the meaning of the term "cause or knowingly permit" in the context of this legislation, it could create the opposite effect in other legislation. I think that we ought to leave the statement as it is, knowing the way in which it will be taken.
  My noble friend Lord Peyton referred to the "appropriate person" and said that such expressions should be enshrined in Hansard. I can understand my noble friend feeling that. Indeed, he reminded me of another Bill and a Committee debate about somebody being over the age of 16. The Bill said that a person would be deemed to be over the age of 16 if he was not under the age of 16. I thought that that was fairly explicit. The definition of who is an "appropriate person" will appear in Section 78E and anyone who does not fall within the definition will not be an appropriate person. My noble friend now knows exactly where he is. I should have thought that it was pretty obvious really.
  The noble Baroness, Lady Hilton, was also concerned about the contaminated land regime which identifies land as contaminated only if it gives rise to significant harm or water pollution. That will not impose much greater burdens on local authorities than the existing statutory nuisance regime which identifies contaminated land which is prejudicial to health. I hope that I have responded to most of your Lordships' concerns and that your Lordships' will consider that this group of amendments should be approved.
  On Question, Motion agreed to.

  COMMONS AMENDMENTS
  36 Clause 54, page 49, leave out lines 20 and 21.
  37 Page 50, line 30, at end insert:
  '"remediation declaration" has the meaning given by section 78EA(5) below;'.
  38 Page 50, line 34, leave out '78C(1)' and insert '78EA(6)'.
  39 Page 50, line 34, at end insert:
  '"required to be designated as a special site" shall be construed in accordance with section 78BB(8) below;'.
  40 Page 50, leave out lines 47 to 51.
  41 Page 51, line 2, leave out from 'purpose' to end of line 7 and insert:

  '(a) of identifying contaminated land; and

  (b) of enabling the authority to decide whether any such land is land which is required to be designated as a special site.'.

  42 Page 51, line 12, leave out from beginning to end of line 28 on page 52 and insert:
  '(4) If a local authority identifies any contaminated land in its area, it shall give notice of that fact to—

  (a) the appropriate Agency;

  (b) the owner of the land;

  (c) any person who appears to the authority to be in occupation of the whole or any part of the land; and

  (d) each person who appears to the authority to be an appropriate person;

  and any notice given under this subsection shall state by virtue of which of paragraphs (a) to (d) above it is given.
  (5) If, at any time after a local authority has given any person a notice pursuant to subsection (4) (d) above in respect of any land, it appears to the enforcing authority that another person is an appropriate person, the enforcing authority shall give notice to that other person—

  (a) of the fact that the local authority has identified the land in question as contaminated land; and

  (b) that he appears to the enforcing authority to be an appropriate person.

  Identification and designation of special sites.
  78BB.—(1) If at any tie it appears to a local authority that any contaminated land in its area might be land which is required to be designated as a special site, the authority—

  (a) shall decide whether or not the land is land which is required to be so designated; and

  (b) if the authority decides that the land is land which is required to be so designated, shall give notice of that decision to the relevant persons.

  (2) For the purposes of this section, "the relevant persons" at any time in the case of any land are then persons who at that time fall within paragraphs (a) to (d) below, that is to say—

  (a) the appropriate Agency;

  (b) the owner of the land;

  (c) any person who appears to the local authority concerned to be in occupation of the whole or any part of the land; and

  (d) each person who appears to that authority to be an appropriate person.

  (3) Before making a decision under paragraph (a) of subsection (1) above in any particular case, a local authority shall request the advice of the appropriate Agency, and in making its decision shall have regard to any advice given by that Agency in response to the request.
  (4) If at any time the appropriate Agency considers that any contaminated land is land which is required to be designated as a special site, that Agency may give notice of that fact to the local authority in whose area the land is situated.
  (5) Where notice under subsection (4) above is given to a local authority, the authority shall decide whether the land in question—

  (a) is land which is required to be designated as a special site, or

  1503

  (b) is not land which is required to be so designated,

  and shall give notice of that decision to the relevant persons.
  (6) Where a local authority makes a decision falling within subsection (1) (b) or (5) (a) above, the decision shall, subject to section 78BC below, take effect on the day after whichever of the following events first occurs, that is to say—

  (a) the expiration of the period of twenty-one days beginning with the day on which the notice required by virtue of subsection (1) (b) or, as the case may be, (5) (a) above is given to the appropriate Agency; or

  (b) if the appropriate Agency gives notification to the local authority in question that it agrees with the decision, the giving of that notification;

  and where a decision takes effect by virtue of this subsection, the local authority shall give notice of that fact to the relevant persons.
  (7) Where a decision that any land is land which is required to be designated as a special site takes effect in accordance with subsection (6) above, the notice given under subsection (1) (b) or, as the case may be, (5) (a) above shall have effect, as from the time when the decision takes effect, as the designation of that land as such a site.
  (8) For the purposes of this Part, land is required to be designated as a special site if, and only if, it is land of a description prescribed for the purposes of this subsection.
  (9) Regulations under subsection (8) above may make different provision for different cases or circumstances or different areas or localities and may, in particular, describe land by reference to the area or locality in which it is situated.
  (10) Without prejudice to the generality of his power to prescribe any description of land for the purposes of subsection (8) above, the Secretary of State, in deciding whether to prescribe a particular description of contaminated land for those purposes, may, in particular, have regard to—

  (a) whether land of the description in question appears to him to be land which is likely to be in such a condition, by reason of substances in, on or under the land that—

  (i) serious harm would or might be caused, or

  (ii) serious pollution of controlled waters would be, or would be likely to be, caused; or

  (b) whether the appropriate Agency is likely to have expertise in dealing with the kind of significant harm, or pollution of controlled waters, by reason of which land of the description in question is contaminated land.

  Referral of special site decisions to the Secretary of State.
  78BC.—(1) In any case where—

  (a) a local authority gives notice of a decision to the appropriate Agency pursuant to subsection (1) (b) or (5) (b) of section 78BB above, but

  (b) before the expiration of the period of twenty-one days beginning with the day on which that notice is so given, that Agency gives the local authority notice that it disagrees with the decision, together with a statement of its reasons for disagreeing,

  the authority shall refer the decision to the Secretary of State and shall send to him a statement of its reasons for reaching the decision.
  (2) Where the appropriate Agency gives notice to a local authority under paragraph (b) of subsection (1) above, it shall also send to the Secretary of State a copy of the notice and of the statement given under that paragraph.
  (3) Where a local authority refers a decision to the Secretary of State under subsection (1) above, it shall give notice of that fact to the relevant persons.
  (4) Where a decision of a local authority is referred to the Secretary of State under subsection (1) above, he—

  (a) may confirm or reverse the decision with respect to the whole or any part of the land to which it relates; and

  (b) shall give notice of his decision on the referral—

  (i) to the relevant persons; and

  (ii) to the local authority.

  (5) Where a decision of a local authority is referred to the Secretary of State under subsection (1) above, the decision shall not take effect until the day after that on which the Secretary of State gives the notice required by subsection (4) above to the persons there mentioned and shall then take effect as confirmed or reversed by him.
  (6) Where a decision which takes effect in accordance with subsection (5) above is to the effect that at least some land is land which is required to be designated as a special site, the notice given under subsection (4) (b) above shall have effect, as from the time when the decision takes effect, as the designation of that land as such a site.
  (7) In this section "the relevant persons" has the same meaning as in section 78BB above.'.
  43 Page 52, leave out line 31 and insert 'virtue of section 78BB(7) or 78BC(6)'.
  44 Page 52, line 38, leave out 'section' and insert 'Part'.
  45 Page 52, line 38, leave out 'the' and insert 'each person who is an'.
  46 Page 52, line 41, leave out 'required'.
  47 Page 52, line 41, leave out from 'the' to 'things' in line 45 and insert 'periods within which he is required to do each of the things so specified.
  (1A) Different remediation notices requiring the doing of different things by way of remediation may be served on different persons in consequence of the presence of different substances in, on or under any land or waters.
  (1B) Where two or more persons are appropriate persons in relation to any particular thing which is to be done by way of remediation, the remediation notice served on each of them shall state the proportion, determined under section 78E(5) below, of the cost of doing that thing which each of them respectively is liable to bear.
  (2) The only things by way of remediation which the enforcing authority may do, or require to be done, under or by virtue of this Part are'.
  48 Page 53, leave out lines 1 to 29.
  49 Page 53, line 30, leave out from 'determining' to end of line 32 and insert 'for any purpose of this Part—

  (a) what is to be done (whether by an appropriate person, the enforcing authority or any other person) by way of remediation in any particular case.'.

  50 Page 53. line 34. at end insert 'or
  (c) what is, or is not, to he regarded as reasonable for the purposes of subsection (2) above,'.
  51 Page 53. line 35, leave out 'concerned'.
  52 Page 53, line 36, leave out 'the appropriate Agency or'.
  53 Page 53. leave out lines 38 and 39 and insert:
  '(7) Regulations may make provision for or in connection with—

  (a) the form or content of remediation notices; or

  (b) any steps of a procedural nature which are to be taken in connection with, or in consequence of, the service of a remediation notice.'.

  54 Page 53, line 40, leave out 'subject to section 78F below'.
  55 Page 53, line 42, leave out 'on whom to serve a remediation notice' and insert 'to bear responsibility for any particular thing which the enforcing authority determines is to be done by way of remediation in any particular case.'.
  56 Page 53, line 44, leave out from beginning to end of line 26 on page 54 and insert:
  '(2) Subject to the following provisions of this section, any person, or any of the persons, who caused or knowingly permitted the substances, or any of the substances, by reason of which the contaminated land in question is such land to be in, on or under that land is an appropriate person.
  (2A) A person shall only be an appropriate person by virtue of subsection (2) above in relation to things which are to be done by way of remediation which are to any extent referable to substances which he caused or knowingly permitted to be present in, on or under the contaminated land in question.
  (3) If no person has, after reasonable inquiry, been found who is by virtue of subsection (2) above an appropriate person to bear responsibility for the things which are to be done by way of remediation, the owner or occupier for the time being of the contaminated land in question is an appropriate person.
  (3A) If, in consequence of subsection (2A) above, there are things which are to be done by way of remediation in relation to which no person has, after reasonable inquiry, been found who is an appropriate person by virtue of subsection (2) above, the owner or occupier for the time being of the contaminated land in question is an appropriate person in relation to those things.
  (4) Where two or more persons would, apart from this subsection, be appropriate persons in relation to any particular thing which is to be done by way of remediation, the enforcing authority shall determine in accordance with guidance issued for the purpose by the Secretary of State whether any, and if so which, of them is to be treated as not being an appropriate person in relation to that thing.
  (5) Where two or more persons are appropriate persons in relation to any particular thing which is to be done by way of remediation, they shall be liable to bear the cost of doing that thing in proportions determined by the enforcing authority in accordance with guidance issued for the purpose by the Secretary of State.
  (6) Any guidance issued for the purposes of subsection (4) or (5) above shall be issued in accordance with section 78R below.
  (7) A person who has caused or knowingly permitted any substance ("substance A") to be in, on or under any land shall also be taken for the purposes of this section to have caused or knowingly permitted there to be in, on or under that land any substance which is there as a result of a chemical reaction or biological process affecting substance A.
  (8) A thing which is to be done by way of remediation may be regarded for the purposes of this Part as referable to the presence of any substance notwithstanding that the thing in question would not have to be done—

  (a) in consequence only of the presence of that substance in any quantity; or

  1506

  (b) in consequence only of the quantity of that substance which any particular person caused or knowingly permitted to be present.

  Grant of, and compensation for, rights of entry etc.
  78EZA.—(l) A remediation notice may require an appropriate person to do things by way of remediation, notwithstanding that he is not entitled to do those things.
  (2) Any person whose consent is required before any thing required by a remediation notice may be done shall grant, or join in granting, such rights in relation to any of the relevant land or waters as will enable the appropriate person to comply with any requirements imposed by the remediation notice.
  (3) Before serving a remediation notice, the enforcing authority shall reasonably endeavour to consult every person who appears to the authority—

  (a) to be the owner or occupier of any of the relevant land or waters, and

  (b) to be a person who might be required by subsection (2) above to grant, or join in granting, any rights.

  concerning the rights which that person may be so required to grant.
  (4) Subsection (3) above shall not preclude the service of a remediation notice in any case where it appears to the enforcing authority that the contaminated land in question is in such a condition, by reason of substances in, on or under the land, that there is imminent danger of serious harm, or serious pollution of controlled waters, being caused.
  (5) A person who grants, or joins in granting, any rights pursuant to subsection (2) above shall be entitled, on making an application within such period as may be prescribed and in such manner as may be prescribed to such person as may be prescribed, to be paid by the appropriate person compensation of such amount as may be determined in such manner as may be prescribed.
  (6) Without prejudice to the generality of the regulations that may be made by virtue of subsection (5) above, regulations by virtue of that subsection may make such provision in relation to compensation under this section as may be made by regulations by virtue of subsection (4) of section 35A above in relation to compensation under that section.
  (7) In this section, "relevant land or waters" means—

  (a) the contaminated land in question;

  (b) any controlled waters affected by that land; or

  (c) any land adjoining or adjacent to that land or those waters.

  Restrictions and prohibitions on serving remediation notices.
  78EA.—(1) Before serving a remediation notice, the enforcing authority shall reasonably endeavour to consult—

  (a) the person on whom the notice is to be served,

  (b) the owner of any land to which the notice relates,

  (c) any person who appears to that authority to be in occupation of the whole or any part of the land, and

  (d) any person of such other description as may be prescribed,

  concerning what is to be done by way of remediation.
  (1A) Regulations may make provision for, or in connection with, steps to be taken for the purposes of subsection (1) above.
  (2) No remediation notice shall be served on any person by reference to any contaminated land during any of the following periods, that is to say—

  (a) the period—

  1507

  (i) beginning with the identification of the contaminated land in question pursuant to section 78B(1) above, and

  (ii) ending with the expiration of the period of three months beginning with the day on which the notice required by subsection (4) (d) or, as the case may be, (5) of section 78B above is given to that person in respect of that land;

  (b) if a decision falling within paragraph (b) of section 78BB(1) above is made in relation to the contaminated land in question, the period beginning with the making of the decision and ending with the expiration of the period of three months beginning with—

  (i) in a case where the decision is not referred to the Secretary of State under section 78BC above, the day on which the notice required by section 78BB(6) above is given, or

  (ii) in a case where the decision is referred to the Secretary of State under section 78BC above, the day on which he gives the notice required by subsection (4) (b) of that section;

  (c) if the appropriate Agency gives a notice under subsection (4) of section 78BB above to a local authority in relation to the contaminated land in question, the period beginning with the day on which that notice is given and ending with the expiration of the period of three months beginning with—

  (i) in a case where notice is given under subsection (6) of that section, the day on which that notice is given;

  (ii) in a case where the authority makes a decision falling within subsection (5) (b) of that section and the appropriate Agency fails to give notice under paragraph (b) of section 78BC(1) above, the day following the expiration of the period of twenty-one days mentioned in that paragraph; or

  (iii) in a case where the authority makes a decision falling within section 78BB(5) (b) above which is referred to the Secretary of State under section 78BC above, the day on which the Secretary of State gives the notice required by subsection (4) (b) of that section.

  (3) Neither subsection (I) nor subsection (2) above shall preclude the service of a remediation notice in any case where it appears to the enforcing authority that the land in question is in such a condition, by reason of substances in, on or under the land, that there is imminent danger of serious harm, or serious pollution of controlled waters, being caused.
  (4) The enforcing authority shall not serve a remediation notice on a person if and so long as any one or more of the following conditions is for the time being satisfied in the particular case, that is to say—

  (a) the authority is satisfied, in consequence of section 78D(2) and (6) above, that there is nothing by way of remediation which could be specified in a remediation notice served on that person;

  (b) the authority is satisfied that appropriate things are being, or will be, done by way of remediation without the service of a remediation notice on that person;

  (c) it appears to the authority that the person on whom the notice would be served is the authority itself; or

  1508

  (d) the authority is satisfied that the powers conferred on it by section 78HH below to do what is appropriate by way of remediation are exercisable.

  (5) Where the enforcing authority is precluded by virtue of section 78D(2) or (6) above from specifying in a remediation notice any particular thing by way of remediation which it would otherwise have specified in such a notice, the authority shall prepare and publish a document (in this Part referred to as a "remediation declaration") which shall record—

  (a) the reasons why the authority would have specified that thing; and

  (b) the grounds on which the authority is satisfied that it is precluded from specifying that thing in such a notice.

  (6) In any case where the enforcing authority is precluded, by virtue of paragraph (b), (c) or (d) of subsection (4) above, from serving a remediation notice, the responsible person shall prepare and publish a document (in this Part referred to as a "remediation statement") which shall record—

  (a) the things which are being, have been, or are expected to be, done by way of remediation in the particular case;

  (b) the name and address of the person who is doing, has done, or is expected to do, each of those things; and

  (c) the periods within which each of those things is being, or is expected to be, done.

  (7) For the purposes of subsection (6) above, the "responsible person" is—

  (a) in a case where the condition in paragraph (b) of subsection (4) above is satisfied, the person who is doing or has done, or who the enforcing authority is satisfied will do, the things there mentioned; or

  (b) in a case where the condition in paragraph (c) or (d) of that subsection is satisfied, the enforcing authority.

  (8) If a person who is required by virtue of subsection (7) (a) above to prepare and publish a remediation statement fails to do so within a reasonable time after the date on which a remediation notice specifying the things there mentioned could, apart from subsection (4) above, have been served, the enforcing authority may itself prepare and publish the statement and may recover its reasonable costs of doing so from that person.
  (9) Where the enforcing authority has been precluded by virtue only of subsection (4) above from serving a remediation notice on an appropriate person hut—

  (a) none of the conditions in that subsection is for the time being satisfied in the particular case, and

  (b) the authority is not precluded by any other provision of this Part from serving a remediation notice on that appropriate person,

  the authority shall serve a remediation notice on that person; and any such notice may be so served without any further endeavours by the authority to consult persons pursuant to subsection (1) above, if and to the extent that that person has been consulted pursuant to that subsection concerning the things which will be specified in the notice.
  Restrictions on liability relating to the pollution of controlled waters.
  78EB.—(I) This section applies where any land is contaminated land by virtue of paragraph (b) of subsection (2) of section 78A above (whether or not the land is also contaminated land by virtue of paragraph (a) of that subsection).
  (2) Where this section applies, no remediation notice given in consequence of the land in question being contaminated land shall require a person who is an appropriate person by virtue of section 78E(3) or (3A) above to do anything by way of remediation to that or any other land, or any waters, which he could not have been required to do by such a notice had paragraph (b) of section 78A(2) above (and all other references to pollution of controlled waters) been omitted from this Part.
  (3) If, in a case where this section applies, a person permits, has permitted, or might permit, water from an abandoned mine or part of a mine—

  (a) to enter any controlled waters, or

  (b) to reach a place from which it is or, as the case may be, was likely, in the opinion of the enforcing authority, to enter such waters,

  no remediation notice shall require him in consequence to do anything by way of remediation (whether to the contaminated land in question or to any other land or waters) which he could not have been required to do by such a notice had paragraph (b) of section 78A(2) above (and all other references to pollution of controlled waters) been omitted from this Part.
  (4) Subsection (3) above shall not apply to the owner or former operator of any mine or part of a mine if the mine or part in question became abandoned after 31st December 1999.
  (4A) In determining for the purposes of subsection (4) above whether a mine or part of a mine became abandoned before, on or after 3Ist December 1999 in a case where the mine or part has become abandoned on two or more occasions, of which—

  (a) at least one falls on or before that date, and

  (b) at least one falls after that date,

  the mine or part shall be regarded as becoming abandoned after that date (but without prejudice to the operation of subsection (3) above in relation to that mine or part at, or in relation to, any time before the first of those occasions which falls after that date).
  (4B) Where, immediately before a part of a mine becomes abandoned, that part is the only part of the mine not falling to be regarded as abandoned for the time being, the abandonment of that part shall not be regarded for the purposes of subsection (4) or (4A) above as constituting the abandonment of the mine, but only of that part of it.
  (6) Nothing in subsection (2) or (3) above prevents the enforcing authority from doing anything by way of remediation under section 78HH below which it could have done apart from that subsection, but the authority shall not be entitled under section 781 below to recover from any person any part of the cost incurred by the authority in doing by way of remediation anything which it is precluded by subsection (2) or (3) above from requiring that person to do.
  (7) In this section, "mine" has the same meaning as in the Mines and Quarries Act 1954.'.
  57 Page 55, line 33, leave out from 'that' to second 'person' in line 34.
  58 Page 55, leave out lines 36 to 44 and insert:
  '(5A) Nothing in subsection (3), (4) or (5) above prevents the enforcing authority from doing anything by way of remediation under section 78HH below which it could have done apart from that subsection, but the authority shall not be entitled under section 78J below to recover from any person any part of the cost incurred by the authority in doing by way of remediation anything which it is precluded by subsection (3), (4) or (5) above from requiring that person to do.
  (6) In this section, "appear" means appear to the enforcing authority, and cognate expressions shall be construed accordingly.'.
  59 Page 56, line 7, leave out 'this section' and insert 'subsection (1) above'.
  60 Page 56, line 19, leave out 'this section' and insert 'subsection (1) above'.
  61 Page 56, line 20, leave out from 'made' to end of line 21 and insert:

  '(aa) the cases in which, grounds on which, court or tribunal to which, or person at whose instance, an appeal against a decision of a magistrates' court or sheriff court in pursuance of an appeal under subsection (I) above shall lie; or

  (b) the procedure on an appeal under subsection (I) above or on an appeal by virtue of paragraph (aa) above.'.

  62 Page 56, line 48, at end insert:
  '(6) This section, so far as relating to appeals to the Secretary of State, is subject to section 96 of the Environment Act 1995 (delegation or reference of appeals etc).'.
  63 Page 57, line 4, at end insert:
  '(1A) Where the remediation notice in question is one which was required by section 78D(1B) above to state, in relation to the requirement which has not been complied with, the proportion of the cost involved which the person charged with the offence is liable to bear, it shall be a defence for that person to prove that the only reason why he has not complied with the requirement is that one or more of the other persons who are liable to bear a proportion of that cost refused, or was not able, to comply with the requirement.'.
  64 Page 57, line 12, leave out 'under section 78J(1) (a)' and insert 'by virtue of section 78HH(3) (c)'.
  65 Page 57, line 24, leave out 'under section 78J(1) (a)' and insert 'by virtue of section 78HH(3) (c)'.
  66 Page 57, line 24, at end insert:
  '(3A) If the enforcing authority is of the opinion that proceedings for an offence under this section would afford an ineffectual remedy against a person who has failed to comply with any of the requirements of a remediation notice which that authority has served on him, that authority may take proceedings in the High Court or, in Scotland, in any court of competent jurisdiction, for the purpose of securing compliance with the remediation notice.'.
  67 Page 57, leave out lines 36 to 42 and insert:
  'Powers of the enforcing authority to carry out remediation.
  7814H.—(1) Where this section applies, the enforcing authority shall itself have power, in a case falling within paragraph (a) or (b) of section 78D(1) above, to do what is appropriate by way of remediation to the relevant land or waters.
  (2) Subsection (1) above shall not confer power on the enforcing authority to do anything by way of remediation if the authority would, in the particular case, be precluded by section 78S below from serving a remediation notice requiring that thing to be done.
  (3) This section applies in each of the following cases, that is to say—

  (a) where the enforcing authority considers it necessary to do anything itself by way of remediation for the purpose of preventing the occurrence of any serious harm, or serious pollution of controlled waters, of which there is imminent danger:

  (b) where an appropriate person has entered into a written agreement with the enforcing authority for that authority to do, at the cost

  1511
  of that person, that which he would otherwise be required to do under this Part by way of remediation;

  (c) where a person on whom the enforcing authority serves a remediation notice fails to comply with any of the requirements of the notice;

  (d) where the enforcing authority is precluded by section 78EB or 78F above from including something by way of remediation in a remediation notice;

  (e) where the enforcing authority considers that, were it to do some particular thing by way of remediation, it would decide, by virtue of subsection (2) of section 78J below or any guidance issued under that subsection,—

  (i) not to seek to recover under subsection (1) of that section any of the reasonable cost incurred by it in doing that thing; or

  (ii) to seek so to recover only a portion of that cost;

  (f) where no person has, after reasonable inquiry, been found who is an appropriate person in relation to any particular thing.

  (4) Subject to section 78D(2) and (6) above, for the purposes of this section, the things which it is appropriate for the enforcing authority to do by way of remediation are—

  (a) in a case falling within paragraph (a) of subsection (3) above, anything by way of remediation which the enforcing authority considers necessary for the purpose mentioned in that paragraph;

  (b) in a case falling within paragraph (b) of that subsection, anything specified in, or determined under, the agreement mentioned in that paragraph;

  (c) in a case falling within paragraph (c) of that subsection, anything which the person mentioned in that paragraph was required to do by virtue of the remediation notice;

  (d) in a case falling within paragraph (d) of that subsection, anything by way of remediation which the enforcing authority is precluded by section 78EB or 78F above from including in a remediation notice;

  (e) in a case falling within paragraph (e) or (f) of that subsection, the particular thing mentioned in the paragraph in question.

  (5) In this section "the relevant land or waters" means—

  (a) the contaminated land in question;

  (b) any controlled waters affected by that land; or

  (c) any land adjoining or adjacent to that land or those waters.

  Recovery of, and security for, the cost of remediation by the enforcing authority.
  78J.—(1) Where, by virtue of section 78HH(3) (a), (c), (e) or (f) above, the enforcing authority does any particular thing by way of remediation, it shall be entitled, subject to sections 78EB(6) and 78F(5A) above, to recover the reasonable cost incurred in doing it from the appropriate person or, if there are two or more appropriate persons in relation to the thing in question, from those persons in proportions determined pursuant to section 78E(5) above.'.
  68 Page 57, line 46, after 'regard' insert '(a)'.
  69 Page 57, line 47, at end insert '; and

  (b) to any guidance issued by the Secretary of State for the purposes of this subsection.'.

  70 Page 59, line 30. leave out '78K.—(1)' and insert:
  '78K.—(A1) If, in a case where a local authority has served a remediation notice, the contaminated land in question becomes a special site, the appropriate Agency may adopt the remediation notice and, if it does so,—

  (a) it shall give notice of its decision to adopt the remediation notice to the appropriate person and to the local authority;

  (b) the remediation notice shall have effect, as from the time at which the appropriate Agency decides to adopt it, as a remediation notice given by that Agency; and

  (c) the validity of the remediation notice shall not be affected by—

  (i) the contaminated land having become a special site;

  (ii) the adoption of the remediation notice by the appropriate Agency; or

  (iii) anything in paragraph (b) above.

  (A2) Where a local authority has, by virtue of section 78HH above, begun to do any thing, or any series of things, by way of remediation—

  (a) the authority may continue doing that thing, or that series of things, by virtue of that section, notwithstanding that the contaminated land in question becomes a special site; and

  (b) section 78J above shall apply in relation to the reasonable cost incurred by the authority in doing that thing or those things as if that authority were the enforcing authority.

  (1) '
  71 Page 59, line 31, leave out 'enter and'.
  72 Page 59, line 34, leave out from 'that' to 'a' in line 36.
  73 Page 59, line 36, leave out 'suitable for designation as such' and insert 'land which is required to be designated as such a site'.
  74 Page 59, line 42, leave out 'site's designation' and insert 'designation of the land in question'.
  75 Page 59, line 48, leave out 'this Part with respect to special sites' and insert 'subsection (1) or (2) above'.
  76 Page 60, leave out lines 7 and 8.
  77 Page 60, line 10, at end insert:
  'cc) remediation statements or remediation declarations prepared and published under section 78EA above;'.
  78 Page 60, line 13, at end insert:

  '(e) notices under subsection (1) (b) or (5) (a) of section 78BB above which have effect by virtue of subsection (7) of that section as the designation of any land as a special site;

  (f) notices under subsection (4) (b) of section 78BC above which have effect by virtue of subsection (6) of that section as the designation of any land as a special site;

  (g) notices given by or to the enforcing authority under section 78K(2) above terminating the designation of any land as a special site;

  (h) notifications given to that authority by person—

  (i) on whom a remediation notice has been served, or

  (ii) who are or were required by virtue of section 78EA(7) (a) above to prepare and publish a remediation statement,

  of what they claim has been done by them by way of remediation;

  (j) notifications given to that authority by owners or occupiers of land—

  (i) in respect of which a remediation notice has been served, or

  1513

  (ii) in respect of which a remediation statement has been prepared and published,

  of what they claim has been done on the land in question by way of remediation;

  (k) convictions for such offences under section 78H above as may be prescribed;

  (1) such other matters relating to contaminated land as may be prescribed;

  but that duty is subject to sections 78LA and 78LB below.
  (1A) The form of, and the descriptions of information to be contained in, notifications for the purposes of subsection (I) (h) or (j) above may be prescribed by the Secretary of State.
  (1B) No entry made in a register by virtue of subsection (1) (h) or (j) above constitutes a representation by the body maintaining the register or, in a case where the entry is made by virtue of subsection (2B) below, the authority which sent the copy of the particulars in question pursuant to subsection (2) or (2A) below—

  (a)that what is stated in the entry to have been done has in fact been done; or

  (b)as to the manner in which it has been done.'.

  79 Page 60, line 18, at end insert:
  '(2A) In any case where—

  (a)any land is treated by virtue of section 78P(2) below as situated in the area of a local authority other than the local authority in whose area it is in fact situated, and

  (b)any particulars relating to that land are entered on the register maintained under this section by the local authority in whose area the land is so treated as situated,

  that authority shall send a copy of those particulars to the local authority in whose area the land is in fact situated.
  (2B)Where a local authority receives a copy of any particulars sent to it pursuant to subsection (2) or (2A) above, it shall enter those particulars on the register maintained by it under this section.
  (2C)Where information of any description is excluded by virtue of section 78LB below from any register maintained under this section, a statement shall he entered in the register indicating the existence of information of that description.'.
  80 Page 60, line 20, leave out 'them' and insert 'it'.
  81 Page 60, line 33, at end insert:
  'Exclusion from registers of information affecting national security.
  78LA.—(1) No information shall be included in a register maintained under section 78L above if and so long as, in the opinion of the Secretary of State, the inclusion in the register of that information, or information of that description, would be contrary to the interests of national security.
  (2) The Secretary of State may, for the purpose of securing the exclusion from registers of information to which subsection (I) above applies, give to enforcing authorities directions—

  (a)specifying information, or descriptions of information, to be excluded from their registers; or

  (b)specifying descriptions of information to be referred to the Secretary of State for his determination;

  and no information referred to the Secretary of State in pursuance of paragraph (b) above shall be included in any such register until the Secretary of State determines that it should be so included.
  (3) The enforcing authority shall notify the Secretary of State of any information which it excludes from the register in pursuance of directions under subsection (2) above.
  (4) A person may, as respects any information which appears to him to be information to which subsection (1) above may apply, give a notice to the Secretary of State specifying the information and indicating its apparent nature; and, if he does so—

  (a)he shall notify the enforcing authority that he has done so; and

  (b)no information so notified to the Secretary of State shall be included in any such register until the Secretary of State has determined that it should be so included.

  Exclusion from registers of certain confidential information.
  78LB.-(1) No information relating to the affairs of any individual or business shall be included in a register maintained under section 78L above, without the consent of that individual or the person for the time being carrying on that business, if and so long as the information—

  (a)is, in relation to him, commercially confidential; and

  (b)is not required to be included in the register in pursuance of directions under subsection (5) below;

  but information is not commercially confidential for the purposes of this section unless it is determined under this section to be so by the enforcing authority or, on appeal, by the Secretary of State.
  (2) Where it appears to an enforcing authority that any information which has been obtained by the authority under or by virtue of any provision of this Part might be commercially confidential, the authority shall—

  (a)give to the person to whom or whose business it relates notice that that information is required to be included in the register unless excluded under this section; and

  (b)give him a reasonable opportunity—

  (i)of objecting to the inclusion of the information on the ground that it is commercially confidential; and

  (ii)of making representations to the authority for the purpose of justifying any such objection;

  and, if any representations are made, the enforcing authority shall, having taken the representations into account, determine whether the information is or is not commercially confidential.
  (3) Where, under subsection (2) above, an authority determines that information is not commercially confidential—

  (a)the information shall not be entered in the register until the end of the period of twenty-one days beginning with the date on which the determination is notified to the person concerned;

  (b)that person may appeal to the Secretary of State against the decision;

  and, where an appeal is brought in respect of any information, the information shall not be entered in the register until the end of the period of seven days following the day on which the appeal is finally determined or withdrawn.
  (3A)An appeal under subsection (3) above shall, if either party to the appeal so requests or the Secretary of State so decides, take or continue in the form of a hearing (which must be held in private).
  (3B)Subsection (10) of section 15 above shall apply in relation to an appeal under subsection (3) above as it applies in relation to an appeal under that section.
  (4) Subsection (3) above is subject to section 96 of the Environment Act 1995 (delegation or reference of appeals etc).
  (5)The Secretary of State may give to the enforcing authorities directions as to specified information, or descriptions of information, which the public interest requires to be included in registers maintained under section 78L above notwithstanding that the information may be commercially confidential.
  (6)Information excluded from a register shall be treated as ceasing to be commercially confidential for the purposes of this section at the expiry of the period of four years beginning with the date of the determination by virtue of which it was excluded; but the person who furnished it may apply to the authority for the information to remain excluded from the register on the ground that it is still commercially confidential and the authority shall determine whether or not that is the case.
  (7)Subsections (3) to (4) above shall apply in relation to a determination under subsection (6) above as they apply in relation to a determination under subsection (2) above.
  (8)Information is, for the purposes of any determination under this section, commercially confidential, in relation to any individual or person, if its being contained in the register would prejudice to an unreasonable degree the commercial interests of that individual or person.
  (9)For the purposes of subsection (8) above, there shall be disregarded any prejudice to the commercial interests of any individual or person so far as relating only to the value of the contaminated land in question or otherwise to the ownership or occupation of that land.'.
  82 Page 61, leave out lines 3 to 8 and insert:
  'Site-specific guidance by the appropriate Agency concerning contaminated land.
  78N.-(1) The appropriate Agency may issue guidance to any local authority with respect to the exercise or performance of the authority's powers or duties under this Part in relation to any particular contaminated land; and in exercising or performing those powers or duties in relation to that land the authority shall have regard to any such guidance so issued.
  (IA) If and to the extent that any guidance issued under subsection (1) above to a local authority is inconsistent with any guidance issued under this Part by the Secretary of State, the local authority shall disregard the guidance under that subsection.'.
  83 Page 61, line 20, at end insert:
  ' The appropriate Agency to have regard to guidance given by the Secretary of State.
  78NN.-(1) The Secretary of State may issue guidance to the appropriate Agency with respect to the exercise or performance of that Agency's powers or duties under this Part; and in exercising or performing those powers or duties the appropriate Agency shall have regard to any such guidance so issued.
  (2) The duty imposed on the appropriate Agency by subsection (1) above is without prejudice to any duty imposed by any other provision of this Part on that Agency to act in accordance with guidance issued by the Secretary of State.'.
  84 Page 62, leave out lines 7 to 17 and insert:
  '(3) A person acting in a relevant capacity—

  (a)shall not thereby be personally liable, under this Part, to bear the whole or any part of the cost of doing any thing by way of remediation, unless that thing is to any extent referable to substances whose presence in, on or under the contaminated land in question is a result of any act done or omission made by him which it was unreasonable for a person acting in that capacity to do or make: and

  (b)shall not thereby be guilty of an offence under or by virtue of section 78H above unless the requirement which has not been complied with is a requirement
  1516
  to do some particular thing for which he is personally liable to bear the whole or any part of the cost.

  (3A) In subsection (3) above, "person acting in a relevant capacity" means—

  (a)a person acting as an insolvency practitioner, within the meaning of section 388 of the Insolvency Act 1986 (including that section as it applies in relation to an insolvent partnership by virtue of any order made under section 421 of that Act);

  (b)the official receiver acting in a capacity in which he would regarded as acting as an insolvency practitioner within the meaning of section 388 of the Insolvency Act 1986 if subsection (5) of that section were disregarded;

  (c)the official receiver acting as receiver or manager;

  (d)a person acting as a special manager under section 177 or 370 of the Insolvency Act 1986;

  (e)the Accountant in Bankruptcy acting as permanent or interim trustee in a sequestration (within the meaning of the Bankruptcy (Scotland) Act 1985);

  (f)a person acting as a receiver or receiver and manager—

  (i)under or by virtue of any enactment; or

  (ii)by virtue of his appointment as such by an order of a court or by any other instrument.'.

  85 Page 62, line 45, after '78E(4)' insert 'or (5)'.
  86 Page 63, line 12, at end insert:
  'Interaction of this Part with other enactments.
  78S.-(1) A remediation notice shall not be served if and to the extent that it appears to the enforcing authority that the powers of the appropriate Agency under section 27 above may be exercised in relation to—

  (a)the significant harm (if any), and

  (b)the pollution of controlled waters (if any),

  by reason of which the contaminated land in question is such land.
  (2) Nothing in this Part shall apply in relation to any land in respect of which there is for the time being in force a site licence under Part ll above, except to the extent that any significant harm, or pollution of controlled waters, by reason of which that land would otherwise fall to be regarded as contaminated land is attributable to causes other than—

  (a)breach of the conditions of the licence; or

  (b)the carrying on, in accordance with the conditions of the licence, of any activity authorised by the licence.

  (3) If, in a case falling within subsection (1) or (7) of section 59 above, the land in question is contaminated land, or becomes such land by reason of the deposit of the controlled waste in question, a remediation notice shall not be served in respect of that land by reason of that waste or any consequences of its deposit, if and to the extent that it appears to the enforcing authority that the powers of a waste regulation authority or waste collection authority under that section may be exercised in relation to that waste or the consequences of its deposit.
  (4) No remediation notice shall require a person to do anything the effect of which would be to impede or prevent the making of a discharge in pursuance of a consent given under Chapter II of Part Ill of the Water Resources Act 1991 (pollution offences) or, in relation to Scotland, in pursuance of a consent given under Part II of the Control of Pollution Act 1974.
  This Part and radioactivity.
  78T. Except as provided by regulations, nothing in this Part applies in relation to harm, or pollution of controlled waters, so far as attributable to any radioactivity possessed by any substance: but regulations may—

  1517

  (a)provide for prescribed provisions of this Part to have effect with such modifications as the Secretary of State considers appropriate for the purpose of dealing with harm, or pollution of controlled waters, so far as attributable to any radioactivity possessed by any substances; or

  (b)make such modifications of the Radioactive Substances Act 1993 or any other Act as the Secretary of State considers appropriate.".'.

  Earl Ferrers: My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 36 to 86 en bloc. I have already spoken to these amendments.
  Moved, That the House do agree with the Commons in their Amendments Nos. 36 to 86 en bloc.—(Earl Ferrers.)
  On Question, Motion agreed to.

  COMMONS AMENDMENTS
  87 Clause 55, page 63, line 17, leave out 'Ace and insert 'Chapter'.
  88 Page 63, line 18, leave out from 'mine,' to end of line 20 and insert:
  '(A) subject to paragraph (B) below, includes—'.
  89 Page 63, line 21, after 'of insert 'any or all of the'.
  90 Page 63, leave out lines 23 to 25 and insert:

  '(c) the cessation of working of any relevant seam, vein or vein-system;

  (cc) the cessation of use of any shaft or outlet of the mine;'.

  91 Page 63, line 34, at end insert 'but
  (B) does not include

  (i)any disclaimer under section 178 or 315 of the Insolvency Act 1986 (power of liquidator, or trustee of a bankrupt's estate, to disclaim onerous property) by the official receiver acting in a compulsory capacity; or

  (ii)the abandonment of any rights, interests or liabilities by the Accountant in Bankruptcy acting as permanent or interim trustee in a sequestration (within the meaning of the Bankruptcy (Scotland) Act 1985);'.

  92 Page 63, leave out lines 36 to 45.
  93 Page 63, line 49, at end insert:
  "'acting in a compulsory capacity", in the case of the official receiver, means acting as —

  (a)liquidator of a company;

  (b)receiver or manager of a bankrupt's estate, pursuant to section 287 of the Insolvency Act 1986;

  (c)trustee of a bankrupt's estate;

  (d)liquidator of an insolvent partnership;

  (e)trustee of an insolvent partnership;

  (f)trustee, or receiver or manager, of the insolvent estate of a deceased person;'.

  94 Page 64, line 1, leave out from 'Act' to end of line 18 and insert:
  "'the official receiver" has the same meaning as it has in the Insolvency Act 1986 by virtue of section 399(1) of that Act;'.
  95 Page 64, line 21, leave out from end to second 'to' in line 24 and insert:
  "relevant seam, vein or vein-system", in the case of any mine, means any seam, vein or vein-system
  1518
  for the purpose of, or in connection with, whose working any excavation constituting or comprised in the mine was made.
  Mine operators to give the Agency six months' notice of any proposed abandonment.
  91B.—(1) If, in the case of any mine, there is to be an abandonment at any time after the expiration of the initial period, it shall be the duty of the operator of the mine'.
  96 Page 64, line 32, leave out '(2)' and insert '(I)'.
  97 Page 64, line 44, at end insert:
  '(4A) Where the operator of a mine is—

  (a)the official receiver acting in a compulsory capacity, or

  (b)the Accountant in Bankruptcy acting as permanent or interim trustee in a sequestration (within the meaning of the Bankruptcy (Scotland) Act 1985),

  he shall not be guilty of an offence under subsection (3) above by reason of any failure to give the notice required by subsection (1) above if, as soon as reasonably practicable (whether before or after the abandonment), he gives to the Agency notice of the abandonment or proposed abandonment, containing such information as may be prescribed.
  (4B) Where a person gives notice under subsection (1), (4) (b) or (4A) above, he shall publish prescribed particulars of, or relating to, the notice in one or more local newspapers circulating in the locality where the mine is situated.'.
  98 Page 64, line 47, leave out 'the' and insert 'an'.
  99 Page 64, line 48, leave out 'of a' and insert 'in the case of any'.
  100 Page 65, line 1, leave out from 'that,' to 'become' in line 3 and insert 'in consequence of the abandonment or proposed abandonment taking effect, any land has or is likely to'.
  101 Page 65, line 6, leave out 'that local authority' and insert 'the local authority in whose area that land is situated'.
  102 Clause 56, page 65, line 35, leave out 'Act' and insert 'Part'.
  103 Page 65, line 36, leave out from 'mine,' to end of line 38 and insert:
  '(A) subject to paragraph (B) below, includes—'.
  104 Page 65, line 39, after 'of insert 'any or all of the'.
  105 Page 65, leave out lines 41 to 43 and insert:
  '(c) the cessation of working of any relevant seam, vein or vein-system;
  (cc) the cessation of use of any shaft or outlet of the mine;'.
  106 Page 66, line 5, at end insert 'but
  (B) does not include—

  (a) the abanndonment of any rights, interests or liabilities by the Accountant in Bankruptcy acting as permanent or interim trustee in a sequestration (within the meaning of the Bankruptcy (Scotland) Act 1985); or

  (b) any disclaimer under section 178 or 315 of the Insolvency Act 1986 (power of liquidator, or trustee of bankrupt's estate, to disclaim onerous property) by the official receiver acting in a compulsory capacity;'.

  107 Page 66, leave out lines 7 to 16.
  108 Page 66, leave out lines 19 to 40 and insert:
  '"acting in a compulsory capacity", in the case of the official receiver, means acting as—

  (a)liquidator of a company;

  (b)receiver or manager of a bankrupt's estate, pursuant to section 287 of the Insolvency Act 1986;

  (c)trustee of a bankrupt's estate;

  (d)liquidator of an insolvent partnership;

  (e)trustee of an insolvent partnership;

  1519

  (f) trustee, or receiver or manager, of the insolvent estate of a deceased person;

  "the official receiver" has the same meaning as it has in the Insolvency Act 1986 by virtue of section 399(1) of that Act;
  "relevant seam, vein or vein-system", in the case of any mine, means any seam, vein or vein-system for the purpose of, or in connection with, whose working any excavation constituting or comprised in the mine was made.'.
  109 Page 66, line 42, leave out from beginning to second 'to' in line 44 and insert:
  'Mine operators to give SEPA six months' notice of any proposed abandonment.
  30Z.—(1) If, in the case of any mine, there is to be an abandonment at any time after the expiration of the initial period, it shall be the duty of the operator of the mine'.
  110 Page 67, line 2, leave out '(2)' and insert '(1)'.
  111 Page 67, line 14, at end insert:
  '(4A) Where the operator of a mine is—

  (a)the Accountant in Bankruptcy acting as permanent or interim trustee in a sequestration (within the meaning of the Bankruptcy (Scotland) Act 1985); or

  (b)the official receiver acting in a compulsory capacity, he shall not be guilty of an offence under subsection (3) above by reason of any failure to give the notice required by subsection (1) above if, as soon as is reasonably practicable (whether before or after the abandonment), he gives to SEPA notice of the abandonment or proposed abandonment, containing such information as may be prescribed.

  (4B) Where a person gives notice under subsection (I), (4) (b) or (4A) above, he shall publish prescribed particulars of, or relating to, the notice in one or more local newspapers circulating in the locality where the mine is situated.'.
  112 Page 67, line 17, leave out 'the' and insert 'an'.
  113 Page 67, line 18, leave out 'of a' and insert 'in the case of any'.
  114 Page 67, line 19, leave out from 'that,' to 'become' in line 21 and insert 'in consequence of the abandonment or proposed abandonment taking effect, any land has or is likely to'.
  115 Page 67, line 24, leave out 'that local authority' and insert 'the local authority in whose area that land is situated'.
  116 Clause 57, page 67, line 33, leave out 'after' and insert 'in'.
  117 Page 67, line 36, after 'waters)' insert 'after the words "an abandoned mine" there shall be inserted the words "or an abandoned part of a mine".
  (1A) After that subsection'.
  118 Page 67, line 37, at end insert 'former'.
  119 Page 67, line 38, leave out 'if the mine in question became an abandoned mine' and insert 'or part of a mine if the mine or part in question became abandoned'.
  120 Page 67, line 39, at end insert:
  '(3B) In determining for the purposes of subsection (3A) above whether a mine or part of a mine became abandoned before, on or after 31st December 1999 in a case where the mine or part has become abandoned on two or more occasions, of which—

  (a)at least one falls on or before that date, and

  (b)at least one falls after that date,

  the mine or part shall be regarded as becoming abandoned after that date (but without prejudice to the operation of subsection (3) above in relation to that mine or part at, or in relation to. any time before the first of those occasions which falls after that date).
  (3C) Where, immediately before a part of a mine becomes abandoned, that part is the only part of the mine not falling to he regarded as abandoned for the
  1520
  time being, the abandonment of that part shall not be regarded for the purposes of subsection (3A) or (3B) above as constituting the abandonment of the mine, but only of that part of it.".'.
  121 Page 68, line 5, after 'mine)' insert '(a)'.
  122 Page 68, line 7, at end insert '; and
  (b) after the words "an abandoned mine" there shall be inserted the words "or an abandoned part of a mine".'.
  123 Page 68, line 9, at end insert 'former'.
  124 Page 68, line 10, leave out 'if the mine in question became an abandoned mine' and insert 'or part of a mine if the mine or part in question became abandoned'.
  125 Page 68, line 11, at end insert:
  '(4B) Subsections (3B) and (3C) of section 89 above shall apply in relation to subsections (4) and (4A) above as they apply in relation to subsections (3) and (3A) of that section.".'.
  Earl Ferrers: My Lords, I beg to move that the House to agree with the Commons in their Amendments Nos. 87 to 125. I shall speak also to Amendments Nos. 229 to 233, 255 and 256.
  The Government's intention, in moving the bulk of the amendments was to ensure that the provisions for pre-notification of the abandonment of mines, and for the removal of the defence and exemption in respect of mines abandoned after the end of 1999, should work as intended. The amendments also serve to make the legislation as clear as possible to the mine operators and owners affected.
  I turn to Amendment No. 97. The noble Lords, Lord Ezra, Lord Beaumont of Whitley and Lord Moran, proposed an amendment which would have required a mine operator who served notice of abandonment on the agency to publish the notice in local newspapers as well. A similar amendment was also tabled in another place.
  Having considered further the points raised on this proposal, the Government tabled Amendment No. 97 to meet substantially those points. It requires anyone serving a notice of abandonment on the agency to publish particulars of, or relating to, that notice in one or more newspapers circulating in the locality of the mine. Amendment No. 111 has the same effect in Scotland.
  Amendments Nos. 118 and 123 amend the provisions in Clause 57 which refer to the removal of the defence against prosecution and the exemption from cost recovery from the owners and operators of mines abandoned after the end of 1999.
  Your Lordships may recall that the removal of the defence and exemption was subject to amendments moved by my noble friend Lord Stanley of Alderley, which he regrettably put to a Division, and the Government lost. The Government have now agreed to accept the amendments. We have tabled further amendments (Amendments Nos. 229, 231 and 256) which will bring the law in Scotland into line with that approach. However, we were concerned that one aspect of the wording was unclear. It refers to,
  "the owner or operator of any mine or part of a mine if the mine of the part in question became abandoned after 31st December 1999".
  We believe that that could he confusing as any abandoned mine is, by definition, not being operated. That will please my noble friend Lord Peyton: an abandoned mine is an abandoned mine—it is one that

  1521
  has been abandoned. The amendments therefore change the wording so that it refers to the "former operator", which clarifies what is meant.
  With regard to Amendments Nos. 88, 91, 93, 94, 97, 103, 106, 108 and 111, we have had to have regard to the fact that sometimes the act of abandonment will accompany or follow the insolvency of the operator. We have had to look carefully at the position of office holders in liquidations and bankruptcies who would be prevented from notifying the abandonment of a mine promptly. Private sector office holders, of course, are allowed to review the cases they are offered, and have the right to refuse an appointment. The Official Receiver, on the other hand, when acting in the capacities listed in the amendments, has no choice. He cannot refuse to act. He might therefore be placed in a position of being compelled to continue some mining operations when there are no assets in the company to fund this, or face prosecution for a criminal offence. That would not of course be acceptable. These amendments, therefore, ensure that the Official Receiver, when acting in those capacities, does not commit an offence if he abandons a mine or part of a mine without giving six months' notice, providing he notifies the agency as soon as is practicable.
  These are all complicated provisions, but they are designed to enhance the agency's ability to address mine water pollution. The amendments have all been framed to ensure that the provisions will work in practice and address the events preceding and following the abandonment of mines in such a manner as is most appropriate.
  Moved, that the House do agree with the Commons in their Amendments Nos. 87 to 125-(Earl Ferrers.)
  Baroness Hilton of Eggardon:My Lords, the whole question of pollution from abandoned mines exercised us at great length at earlier stages of the Bill. We regret profoundly that the Government have not imposed a statutory duty on the Coal Authority to deal with minewater pollution. One cannot expect of course at this late stage to amend the Bill to include that, but we would be grateful if a clear statement could be made as to what action the Coal Authority is expected to take in relation to minewater pollution.
  As recently as April this year, the chief executive of the Coal Authority, Neville Washington, said that the Coal Authority was not responsible for water that emerges from the pits. Nevertheless, during its passage through this House and the other place, we were given assurances by the then Ministers that the Coal Authority would be expected to go beyond the minimum standards of environmental responsibility which are set by its legal duties. That was a vague statement which was not wholly reassuring at the time, but it did at least suggest that the Coal Authority had some responsibility for pollution of water from mines that were already closed. In view of the chief executive's recent statement, the extent to which we were reassured has now been considerably undermined.
  Another member of the Coal Authority, the director of contracts, Albert Schofield, said in May-even more recently-that the Bill was not clear in assigning
  1522
  responsibility for minewater pollution from abandoned coalmines to the Coal Authority. We would be grateful if the Minister could clarify whether the Coal Authority is responsible; who will deal with polluted water that arises from mines that have been closed; and who is responsible for continuing the pumping of mines that have been closed.
  This a serious matter. There are rivers in the north east which are already seeing pollution from many of the coalmines which have been abandoned or closed there. Unless there is a clear assignment of responsibility, public concern will continue to grow and we will continue to see rivers which are affected by heavy metal and other poisons seeping out of closed coalmines. I should he grateful if the Minister could reassure us further as to what are the responsibilities of the Coal Authority or whether the Government will be picking up the tag if the Coal Authority is not responsible.
  Lord Beaumont of Whitley: My Lords, I join with the noble Baroness in asking for some clarification in this area. We have already spent a great deal of time on this issue and it seems to be an area where the Government have fudged the issue to a great degree. It is far from clear where the responsibility lies. There are dangers that there will be great pollution into the future, and it will be difficult to find out how to cope with it. I add the thanks of myself, my noble friend Lord Ezra and other noble Lords who put forward the amendment relating to advertising in local newspapers. That was worthwhile. I am grateful to them for doing so.
  Lord Stanley of Alderley: My Lords, I thank all noble Lords who supported the amendment that I had the privilege of moving. I include the noble Lord, Lord Williams, who I think suspected me of being half-hearted on the second part of it, regarding the date of 1999 but I was not. I thank the Government for graciously accepting your Lordships' wishes and for adding the small technical amendment.
  Earl Ferrers: My Lords, am grateful to my noble friend Lord Stanley of Alderley for having been good enough to express his thanks that we should have accepted the amendment which your Lordships passed, and which we have considered and thought appropriate to address, and adjust so as to improve it. It is an example of how, when your Lordships feel that something is important your Lordships do, on occasions—as some say—put the bit between your Lordships' teeth and pass an amendment which is sometimes not the wish of the Government. On consideration, it is often shown that your Lordships are correct. On this occasion your Lordships were correct, and we were able to amend the amendment to make it more appropriate to the Bill as a whole.
  I am sorry that the noble Lord, Lord Beaumont of Whitley, thought that we had fudged the issue. I do not think that we did fudge it. Of course it is not an easy issue with which to deal. I believe that we have come to the right conclusion. Time alone will show whether that is so. I am grateful to him for his appreciation of the amendment with regard to advertising in local

  1523
  newspapers. That is a good thing to do, and I am grateful to him for having drawn it to our attention in the first place.
  The noble Baroness, Lady Hilton, was worried about the Coal Authority, abandoned coalmines, and so forth. We have to realise that we must put in place arrangements to deal with the essential pollution prevention work which was formerly carried out by British Coal, particularly pumping at certain sites in Durham, notwithstanding that there was no statutory requirement for that work. We must then initiate a dialogue between the authority and the water regulators on the priorities for any other such work by the authority. In general, the authority is the owner of the abandoned coal mines throughout Great Britain. It has the responsibility which goes with that ownership. That responsibility will continue and it will be that of the Coal Authority.
  On Question, Motion agreed to. 5 p.m.

  COMMONS AMENDMENTS
  126 Clause 58, page 68, line 29, leave out 'quiet enjoyment and understanding' and insert 'understanding and enjoyment'.
  127 Clause 62, page 74, line 24, leave out from 'heritage' to end of line 25 and insert 'of National Parks and of promoting opportunities for the understanding and enjoyment of the special qualities of those Parks by the public).'.
  128 Clause 66, page 80, line 47, leave out from 'heritage' to end of line 49 and insert 'of National Parks and of promoting opportunities for the understanding and enjoyment of the special qualities of those Parks by the public).'.
  Earl Ferrers: My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 126 to 128 en bloc. Much has been said in this House and in another place about the second national park purpose and what it means for the future management of the parks. I understand the importance which has been attached to the concept of the national parks as places to get away from the hustle and bustle of everyday life. Indeed, we recognised their importance in this respect in our 1992 policy statement on the future of the parks.
  I know that our policy statement indicated a willingness to consider the term "quiet enjoyment". However, in drafting the clauses which were to be introduced as part of this Bill, we gave long and careful consideration to the meaning of this phrase and the consequences of its use for all those, and especially the national park authorities, who would need to interpret it on a daily basis. We became convinced that to enshrine this phrase in statute would raise more difficulties than it would solve. Most of the issues that have been raised during the passage of this Bill with regard to "quiet enjoyment" became obvious to us during the drafting process. Your Lordships considered that "quiet enjoyment" was a better and more appropriate phrase than "enjoyment" and in Committee your Lordships moved that the word "quiet" should he included in the Bill.
  We have now had time to consider the matter in detail. While I understand the reasons for including the word "quiet", it is considered to be almost impossible
  1524
  to enforce in a court of law. One would ask—and I can see my noble friend Lord Peyton enjoying doing so—"What is quiet and what is noisy? Is sailing to be permitted but not power boat sailing? If power boat sailing is noisy, is an outboard motor noisy?". The difficulty of interpretation would be almost endless.
  Some supporters of "quiet enjoyment" have put forward the view that the Bill, as your Lordships amended it, does no more than ensure that there is an emphasis on promoting opportunities for "quiet enjoyment". They claim that the inclusion of the word "quiet" could not be used to justify the exclusion of other activities which may be noisy. They also say that national park authorities will not be prevented from continuing to promote opportunities for activities which are not "quiet". Very many, who have made their position clear to Ministers, dispute these propositions. They claim the reverse; that the inclusion of the word "quiet" must imply a presumption against a whole range of recreational activities, many of which have traditionally been carried on in the parks and, indeed, can often be seen as part of the local culture and character but may not he quiet.
  After a great deal of thought and deliberation, we have concluded that the term "quiet enjoyment" could be more serious and potentially detrimental to the future of the parks than the supporters of the phrase realise. Furthermore, your Lordships will be aware that the Government considered such an amendment in another place. My noble friend Lord Barber and the noble Earl, Lord Lytton, also introduced amendments but none of them commanded universal support. Nor did we believe that any of them solved the difficulties which arise with "quiet enjoyment". We do not believe that the second national park purpose can be resolved by further clarificatory amendments. We have therefore concluded, and another place has agreed, that it would be preferable to return to the wording which the Government introduced in the Bill. That wording was drafted after very careful consideration.
  In returning the second national park purpose to its original form, we shall make clear in revised draft guidelines that there is a variety of ways in which the parks can be enjoyed and that the national park authorities should continue to promote the widest range of opportunities for recreation. I want to make it clear that we continue fully to respect the conservation values which the parks represent and which have led to so many appreciating the qualities which they seek to reflect in the phrase "quiet enjoyment". It will certainly not be appropriate for all forms of recreation to take place in every part of the parks. Large areas of the parks will, and should, continue to he quietly enjoyed for much of the time.
  It will he the responsibility of the national park authorities to strike a balance between the legitimate demands to use all the opportunities which the parks afford for recreation and the equally legitimate desires of those who wish to enjoy only their beauty and tranquillity. National park authorities will continue to be able to promote activities which are most appropriate to the particular circumstances of their parks. I do not doubt that they will wish to place emphasis on "quiet"

  1525
  activities; but they must also ensure that the parks continue to accommodate a wide range of recreational opportunities.
  In striking this balance, the national parks will, in those rare cases where there is a conflict between the conservation and recreation purposes of the parks which cannot be reconciled, be guided by the Sandford principle that the first purpose takes precedence. That is now set out in Clause 59 of the Bill.
  I hope that despite and even because of all the discussions on this difficult subject your Lordships will agree that the new wording of the Bill as agreed by another place should be incorporated.
  Moved, That the House do agree with the Commons in their Amendments Nos. 126 to 128.—(Earl Ferrers.)
  Lord Williams of Elvel: My Lords, it will come as no surprise to the noble Earl that we do not agree with the Commons in their amendment to the amendment passed on Division in your Lordships' House. The principle of quiet enjoyment has been strongly supported by all parties. Indeed, it was strongly supported on all sides of the Chamber when the noble Lord, Lord Norrie, moved his amendment. We supported attempts to clarify what "quiet enjoyment" meant in the context of national parks. However, in the end we decided that there was no substitute for case law when it came to interpreting what Parliament had decided.
  After the publication of the Edwards Report, the Government made a commitment to the principle of park authorities promoting quiet enjoyment. That was the Government's response to the Edwards Report. It appears from what the Minister said that nothing has happened to detract from that principle. I understand that the Government remain committed to their response to the Edwards Report.
  In another place during Committee, Members of all parties supported the principle. On Report, my right honourable and honourable friends tried to move an amendment, given that the Government were not happy with what your Lordships had approved on a Division. They fought hard for the retention of the words. Indeed, they were supported by many representations from all kinds of organisations and private individuals. Finally, it came down to whether there was a definition that was acceptable in statute as opposed to a phrase which would be interpreted in case law.
  The Government wish to have in statute every conceivable dot and comma. Yet, we now have the position in which the Government, having accepted the Edwards Report and its conclusions on "quiet enjoyment", propose to put the measures into guidelines or guidance. I am wholly unclear—and during the course of the afternoon other noble Lords have raised the problem—as to what is the status of guidance or guidelines. Can they be challenged in either House of Parliament or in the courts? What is their status? If there are to be guidelines, I should prefer to have a simple phrase in the Bill such as "quiet enjoyment" and then to have that interpreted by the Government as to what they think it means. Indeed, in the light of Pepper v. Hart,
  1526
  as the noble Earl knows, the Government are entitled to put their gloss on what the expression means. The courts will then interpret it on a case by case basis.
  I cannot see, and nor can noble friends more learned than I, any case against that. At this last llth hour and 59th minute, I ask the noble Earl to put on the record a very clear statement that the Government support the Edwards concept of quiet enjoyment—that even though there may be different words in the Bill, those words should be interpreted by the courts as an endorsement of the principle of "quiet enjoyment" as expressed by Edwards. If the noble Earl can do that, I am prepared to be satisfied.
  Lord Boyd-Carpenter: My Lords, I should find it of considerable interest if my noble friend could tell me whether the expression "quiet enjoyment" appears in any other statute and, if so, which one.
  Lord Norrie: My Lords, I very much endorse what the noble Lord, Lord Williams, said. However, perhaps I may return to what happened when we debated the Bill earlier this year. I was concerned that it did not reflect adequately the findings of the Edwards Committee because it did not clarify the forms of enjoyment which national park authorities should promote. Therefore, in Committee I moved an amendment to make it absolutely clear what should be the second purpose of national parks. To my delight, the amendment was accepted.
  The amendment was based on the recommendations of the Edwards report and the subsequent policy statement by the Government to which my noble friend alluded. I wanted to ensure that the principle of park authorities promoting the quiet enjoyment of areas was set out clearly in statute. Since then, as the Minister and the noble Lord, Lord Williams, have said, much debate has centred around the need for a definition of "quiet enjoyment". Although I am aware that technically a definition is not strictly necessary, I have supported the efforts of Ministers both in this House and another place to secure a definition so that there can he no misinterpretation of the recreational purpose of the parks. I was naturally disappointed that my amendment was reversed in another place due to difficulties in agreeing a suitable definition of "quiet enjoyment". I understand that that was due to reasons of technical drafting and does not represent a change of policy.
  Therefore, I welcome warmly the Minister's commitment to include in detailed guidance how the Bill is to be interpreted. That should illustrate the kind of activities which national park authorities will he expected to promote. Although numerous organisations, and I myself, would be much happier to have the words "quiet enjoyment" on the face of the Bill, I hope that the Minister's words will reassure the House and those who live, work and take their recreation within the parks.
  Last week I wrote to the Minister and requested him to reassure the House today that quiet enjoyment will remain a principle of national parks, as it has been since their creation almost 50 years ago. I hope that he will he able to reassure me that peacefulness and tranquillity are key special qualities of all national parks and that the types of activity which park authorities would he expected to promote should he only those which do not

  1527
  put in jeopardy those special qualities. I hope that my noble friend will confirm that, as a principle, quiet enjoyment remains as relevant as it always has been. I ask him to indicate that that principle would be made absolutely clear in the guidance which is to accompany the Bill.
  5.15 p.m.
  Baroness Nicol: My Lords, I support the requests made by my noble friend on the Front Bench and the noble Lord, Lord Norrie. I am worried that the whole exercise of including the words "quiet enjoyment" and then taking them out again will have an unfortunate effect. Publicity has been given to the fact that those words have been removed and I am worried that that may give the wrong impression to many people about what is now to be permitted in national parks, more so than if the argument had not taken place at all.
  There has been a kind of minor hysteria in the other place about the effect of the word "quiet", leaving aside for the moment the legal difficulties. which I believe have been overemphasised. The clause that we are talking about is concerned with what the authorities are actively required to promote. Therefore, it does not give them power to close down any existing activity as far as I can see. Therefore, a great deal of the fuss that has been made about putting an end to activities which now take place in the parks appears to me to be quite unnecessary.
  As the Bill went through in its earlier stages, we dealt with the composition of the authorities. That composition will be very important in relation to the interpretation of what is now proposed by the Government. Later this evening we shall be discussing the proposed changes to the composition of those authorities. It seems to me that those changes will give us additional cause for concern when we look at them in the context of the removal of that phrase. I very much regret what has happened and hope that the Minister will reassure us.
  Lord Brabazon of Tara: My Lords, I welcome the removal of the word "quiet" from the Bill because it has caused a great deal of anxiety for a number of legitimate organisations which promote activities within the national parks.
  I am a member of the Public Policy Committee of the RAC and I am concerned in particular about the RAC rally. Rallying and motor sports in general are very popular and in this country, we are extremely good at them. Indeed, those sports produce a great deal of revenue for the Exchequer, which I am sure will be welcomed by all noble Lords. But the fact is that two-thirds of the RAC rally takes place in national park areas and has done for many years, long before they were so designated in fact. To impose a duty on park authorities to promote quiet activity could put in serious doubt the continuation of the RAC rally, among other things.
  It is all very well for noble Lords and others to say that the national park authorities have no intention of stopping the RAC rally. But others—what I might call the environmental puritans or zealots—may take the
  1528
  national park authorities to court for allowing something like the RAC rally to take place because it would not be promoting quiet enjoyment. The RAC rally is enjoyed by many thousands of people, but by no stretch of the imagination could it be described as quiet. The noble Lord, Lord Williams of Elvel, may not enjoy it. I believe that the environmental zealots would wish to remove the word "enjoyment" from national parks legislation because, on the whole, they seem to want to stop anybody enjoying anything at all.
  The same applies to sailing. Anxieties have been expressed by sailing interests. Sailing is a quiet activity, but if there is to be competitive dinghy racing on a lake in a park, there must be a motorised safety boat. There are those who wish to ban all motor boats from lakes in national parks. If the word "quiet" is included in the Bill, they could probably attempt to do so.
  There are a great number of other activities which legitimately take place in the national parks which could not be described as quiet. I believe that the Bill as currently drafted is a great deal better.
  Lord Beaumont of Whitley: My Lords, I believe that the noble Lord, Lord Brabazon, is repeating arguments which I thought had been thoroughly dealt with at a previous stage. The fact that we want quiet enjoyment of the parks does not automatically mean, or even imply, any kind of a ban on specific sports. To go as far as he did and say that people in the national parks are not in favour of anyone enjoying themselves suggests a total misunderstanding of what the national parks are for. The mere fact that the national parks are there means that people who use them are enjoying themselves and take great pleasure from that.
  My purpose in rising to my feet is not to repeat the arguments which have been put forward by the noble Lords, Lord Williams and Lord Norrie, but to say that the previous desire to have quiet enjoyment was supported in all parts of the House and that certainly includes noble Lords on these Benches. Although we understand why that provision has been taken out, we are sorry. We look to the Government to produce the greatest possible reassurance in the guidance that will be given.
  Lord Stanley of Alderley: My Lords, I am informed that the words "quiet enjoyment" could curtail work, particularly agricultural work, in the national parks. I am aware that agricultural activities are often not quiet and certainly they are not peaceful. If there are to he guidelines, I hope that my noble friend can assure me that the "work activities", if I may call them that, will not be affected. I believe that the noble Baroness, Lady Nicol, will support such a view as will the noble Lord, Lord Beaumont.
  Lord Chorley: My Lords, I support the remarks made by the previous speakers, with the particular exception of the noble Lord, Lord Brabazon, with whom I totally disagree. There was very wide support from all sides of the House when the noble Lord, Lord Norrie, moved his successful amendment. I accept that the Government tried both then, and subsequently in another place, to come up with a definition. It may he that the noble Lord, Lord Williams, is right that that was not

  1529
  necessary and it could be done the other way round by case law. However, I believe that the Government tried but they have not come up with a suitable definition. The route by way of guidance is probably the best we can expect at this stage.
  I would like to see particular attention paid to the remarks contained in the Edwards report. It states,
  "While we do not support their"—
  by "their" it is speaking about such activities as those referred to by the noble Lord, Lord Brabazon, including motor cycle scrambling, rally driving and so forth—
  "total prohibition in national parks, they should only take place on those rare sites where they do not cause undue annoyance to other park users or damage to the fabric of the parks themselves".
  The report says that in most cases other places can be found to carry out those activities.
  The point about the Edwards report is that it took the view that there are particular national parks where things can be done which should not be done in other parks. It is that kind of sentiment that one needs to get into the guidance. I do not know how these things are done, but when the Government draw up their guidelines I hope that they will consult with the relevant organisations like the NGOs and the National Trust, because we have a great deal of ownership in national parks. That would be important.
  What is most important of all—and here I am taking up a point made by the noble Baroness, Lady Nicol—is that it would be deplorable if this Bill were to reach the statute book with any suggestion that the Government had in any way departed from the principle of quiet enjoyment as a special quality to be promoted and protected in our national parks.
  Lord Marlesford: My Lords, perhaps I may add my disappointment to that already expressed by noble Lords on both sides of the House that the Government have been unable to produce an appropriate definition. In a way, I am rather surprised that they have not been able to do so. It is disappointing because it was a crucial part of the Edwards report that quiet enjoyment should be part of the policy towards the national parks.
  I believe that most of us know what was intended. I recognise that it would be possible for ill-intentioned people to try to challenge perfectly legitimate activities. As regards what my noble friend Lord Stanley of Alderley said, I find it very hard to believe that anyone would contemplate challenging agricultural activities. That seems to be dicta ad absurdum as an argument.
  However, there is a need for tranquillity which is growing in this age. Things that may have been acceptable a while ago are not going to be acceptable. I wonder whether my noble friend Lord Brabazon is right in saying that activities such as rallies would be acceptable forever. Recently I heard of someone with a business—and there is nothing immoral about it—taking people around national parks by helicopter. It is not right that in the future people's enjoyment of national parks should be spoilt by one or two persons being taken around by helicopter.
  1530
  It is an unsatisfactory legislative process that we cannot define the problem and yet we are told that there will be guidance. At the very least the Government should have provided—and have had time to provide—some draft guidance so that we see the kind of things that they have in mind. I do not cast any aspersions on the Government's intentions. I take at face value their earlier commitment to the principle of quiet enjoyment, which was contained in the Edwards report. But we need to be given more detail of the kind of thing that would be in the guidance. I agree with the point made by the noble Lord, Lord Williams, that we must have a clearer idea of the vires of what the guidance would be.
  The Earl of Lytton: My Lords, at the risk of prolonging this discussion, I would like to say from this Bench that I support what the Government have been doing. With so many voices saying that the term "quiet" should precede "enjoyment", in throwing my hat into the ring I would like to bring some of my own experiences to bear on this matter.
  The Minister has quite rightly pointed out the difficulties of definition. I considered that myself in the light of some knowledge of commercial landlord and tenant where the term "quiet enjoyment" is a commonplace piece of terminology. But outside that rarified world of commercial activity, it clearly means different things to different people. Noble Lords will perhaps remember that I moved an amendment late in the proceedings in this House before the matter left for another place. It was evident to me, as it must have been to many others, that there was no consensus as to what that term meant. That is a very dangerous precedent and message to send out attached to an Act of Parliament.
  I accept that the national parks authorities should not be in the business of encouraging noisy activities, but acoustic matters are only one part of the equation. It is possible to be a hostage to fortune because of the lack of interpretation and definition. The provision is being treated by local authorities as "a duty to prevent". I say that with a degree of certainty, having recently been in a national park local planning inquiry where I was obliged to challenge a reference to commercial shooting. There were other references to other things about quiet enjoyment, but that was the particular matter about which I was concerned. I must explain why that was the case. I run a shoot commercially. It probably makes the difference between the estate balancing its hooks as against making a thumping loss. It also gives rise to a managed activity which enables investment to be made in things which could not otherwise be afforded.
  I am satisfied in my own mind that that national park authority and other local authorities will latch on to the principle of quiet enjoyment, like it or not, as a facility to decline consent for planning permission for anything that might be associated with a certain amount of noise. It is not just a matter of a particular class of activity; it is a question of quantum and of intensity of use. That brings in considerations of frequency and timing. These are the critical factors and they are matters of management. They are not a matter of absolutes whereby someone says that motoring is inherently noisy and walking is inherently quiet. If a large number of people walk along a footpath past someone's farmstead—I had

  1531
  reason to see the result of this when I took a potential purchaser round a farm last year which had a coastal footpath running next to it—it can create disamenity. This matter depends on one's point of view, on one's standpoint and on the position of the recipient of the acoustic or other disamenity. It is important that we get that straight.
  Therefore I do not believe that it is just a question of clarifying what national park authorities should promote. As I said, I tried to get that clear at a late stage in this Bill. However, what is more to the point is what it is that they should reject. That is, if I may put it this way, the hidden agenda that people in the countryside are so worried about; that there is this unstated raft of activities which for whatever reason are considered inappropriate. As someone who farms and owns land in a national park I cannot accept that.
  It has nothing to do with my activities, but I have been brought up with the concept of multi-use and multi-activity. I do not believe we should say that national parks are not appropriate places for the activities of the motorist or the power boat user. There ought to be the concept of national parks being used as the lungs of the nation, if you like, for all, and none, as the case may be. I have been brought up with that concept ever since I have managed my particular part of Exmoor.
  I finish by supporting what the noble Lord, Lord Brabazon, mentioned. I wish to reassure him that the citation of the Exmoor national park—noble Lords may recall that each national park has a citation attached to it—refers to it as fine country for motoring.
  5.30 p.m.
  Earl Ferrers: My Lords, I did not think that this group of amendments would be what one might call an easy ride, not only because your Lordships have discussed this matter frequently before and hold strong views on it, but also because you passed an amendment to insert the words "quiet enjoyment" into the Bill and another place has taken them out. I would not have expected your Lordships to change your views on that. This is a difficult matter. My noble friend Lord Boyd-Carpenter asked me whether "quiet enjoyment" appear in any other statute. As far as I know, the words do not.
  Lord Williams of Elvel: My Lords, they appear in landlord and tenant legislation.
  Earl Ferrers: My Lords, the noble Lord is telling me that the words appear in landlord and tenant legislation. In that case he has the advantage of me. I have no doubt that if he says that it is correct, in which case he has answered the question of the noble Lord, Lord Boyd-Carpenter. He might have intervened to tell him that, had he wanted to.
  Lord Williams of Elvel: My Lords, perhaps I could formally intervene. The noble Earl alas, was not Minister at the time. There was a debate, as the noble Earl has read. in which the noble and learned Lord, Lord Ackner, pointed out that the words "quiet enjoyment" occurred in landlord and tenant legislation.
  Earl Ferrers: My Lords, I am grateful to the noble Lord for answering the question of the noble Lord, Lord Boyd-Carpenter.
  Lord Jenkin of Roding: My Lords, will my noble friend give way? I remember clearly an extremely powerful speech by the noble and learned Lord, Lord Ackner, in which he said that in that landlord and tenant legislation the words "quiet enjoyment" meant something totally different from what we have been talking about in this debate.
  Earl Ferrers: My Lords, I have never known the noble and learned Lord, Lord Ackner, make a speech which was not powerful. I am grateful to my noble friend Lord Jenkin for correcting the noble Lord, Lord Williams of Elvel. We must be careful not to be—
  Lord Williams of Elvel: My Lords, I apologise to the noble Earl but the noble Lord, Lord Jenkin, did not correct me; it was a matter of fact. The noble and learned Lord, Lord Ackner, quite rightly said that the words had a completely different meaning. The question of the noble Lord, Lord Boyd-Carpenter, was, "Do these words occur in any other legislation"? The answer is yes.
  Earl Ferrers: My Lords, the noble Lord, Lord Boyd-Carpenter—as is the House—is now far more fully aware of the problems than we all were before.
  Lord Boyd-Carpenter: My Lords, if these words appear in a totally different sense, as is suggested by the noble Lord, Lord Williams, is not that a relevant consideration as to whether it is sensible to use them in this Act?
  Earl Ferrers: My Lords, my noble friend Lord Boyd-Carpenter, like the noble and learned Lord, Lord Ackner, makes another pungent point, as he always does. It is perfectly true that if they have different meanings in different Acts it may he desirable not to include them in this Bill. That is why we thought it best not to do so.
  To return to the real problem, I do not think that there is too much between anyone here as regards what we are trying to do. The question is whether this provision should be put into a statute. The noble Lord, Lord Williams, said he thought that the best thing to do would be to insert a simple phrase into the Bill and then the Government can say what they think the phrase means. I do not think that that would be the right thing to do because eventually the courts would have to come to a conclusion as to what "quiet enjoyment" means. The noble Lord, Lord Williams of Elvel, said that he wanted to know what the Government feel about the guidance, and he asked whether we accepted the Edwards recommendations. We continue to accept the concept which underlines the report's recommendations on quiet enjoyment. The guidance will make this clear, and it will be available to the national parks authorities and to others. It certainly will not be statutory, hut we would obviously expect the authorities and others to take full account of it.
  Then the noble Lord, Lord Williams, asked whether the guidelines could be challenged. Guidelines are an explanation of government policy stating what should

  1533
  be done. However, if a national park were taken to court, the fact that it had not followed the guidelines could be held against it. The noble Lord, Lord Chorley, asked whether the guidelines would be subject to consultation. The answer is that they are subject to consultation. My noble friend Lord Marlesford said that he had not yet seen the guidance. The draft guidance was published in January of this year. We intend to revise the guidance in the light of the debates in both Houses. We shall then consult widely on the revised draft later this year. I believe that that is the right way to do it. If one puts these words into a Bill, the only way one will know what they mean is when someone takes the matter to court.
  It is all very fine my noble friend Lord Marlesford saying—I think it was a momentary slip of intellectual superiority—that we all know what we mean by "quiet enjoyment", but the fact is that we do not all know what is meant. My noble friend Lord Stanley said that the provision might curtail agriculture. It might do so. What happens when chain-saws are making the most appalling noise? Has anyone listened to a farmer preparing silage for three days on end? The buzzing is worse than a thousand drones of bees and it is constant. No one could say that that adds to quiet enjoyment.
  The noble Lord, Lord Beaumont of Whitley, swatted my noble friend Lord Brabazon of Tara rather like a fly in saying that he raised issues that had been dealt with at an earlier stage. My noble friend Lord Brabazon was quite right. He raised issues which were considered at an earlier stage but which have not been resolved. They would not have been resolved with the incorporation of the words "quiet enjoyment".
  If the words "quiet enjoyment" are included, a great many activities are put at risk. They also create considerable uncertainty. Some parks have speed boats; some have jet-skis; some have motor-bike rallies; some have soldiers. The noble Earl, Lord Lytton, said that he was all for national parks being for everyone. If one includes "quiet enjoyment", does that mean that one excludes the jet-skis, the speed boats, the motor-bike rallies and the soldiers? What is quiet enjoyment? Is it when you are sitting down in a national park having a cup of tea? If all of a sudden a man whose face is covered in black leaps out of a bush at you, being a soldier on an exercise, you could well say, "That's not quiet enjoyment. It disturbed my afternoon."
  Once we put that into statute we run into trouble. I believe that another place was correct to say that we should not put it in statute but include it in the guidance. I can tell your Lordships that the first draft of the guidance has already gone out. We intend to revise the guidance in the light of what has been said in both Houses. Then it will be open to wide consultation. I believe that that is the best approach. I hope that your Lordships will agree.
  I do not believe that it is possible to have one simple answer for all the national parks and the different parts of the national parks. That is why national park authorities are set up to conduct the parks as best they can and in the way they think fit in accordance with the guidance. As I said, the guidance will be very full.
  1534
  I hope that your Lordships will agree that that is the best way to deal with this vexatious and difficult problem. Once we enshrine such terms in law—words which are not simple of interpretation—we shall land ourselves in more trouble than if we leave them out.
  On Question, Motion agreed to.

  COMMONS AMENDMENTS
  127 Clause 62, page 74, line 24, leave out from 'heritage' to end of line 25 and insert 'of National Parks and of promoting opportunities for the understanding and enjoyment of the special qualities of those Parks by the public).'.
  128 Clause 66, page 80, line 47, leave out from 'heritage' to end of line 49 and insert 'of National Parks and of promoting opportunities for the understanding and enjoyment of the special qualities of those Parks by the public).'.
  Earl Ferrers: My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 127 and 128.
  Moved, That the House do agree with the Commons in their Amendments Nos. 127 and 128. —(Earl Ferrers.)
  On Question, Motion agreed to.

  COMMONS AMENDMENT
  129 After Clause 70, insert the following clause: —
  Validation of certain grants paid to local authorities in respect of expenditure relating to National Parks
  . —(1) No payment made for any year beginning on or after 1st April 1990 and ending on or before 31st March 1996 by the Secretary of State by way of grant to the council of a county or a metropolitan district in respect of the council's expenditure or estimated expenditure in connection with National Parks shall be regarded as made otherwise than under and in accordance with the relevant enactments by reason only of—

  (a)the aggregate amount of such grants for the year to such councils not having been duly prescribed;

  (b)the method of determining the proportion of such aggregate amount payable to that council not having been duly prescribed; or

  (c)payment of the grant being, or having been, made—

  (i)otherwise than in accordance with an approved Rate Support Grant Report or such a Report as varied by an approved supplementary report for the year; or

  (ii)without there being an approved Rate Support Grant Report for the year.

  (2)Any reference in this section to a payment by way of grant made under and in accordance with the relevant enactments is a reference to a payment of grant made under section 7 of the Local Government Act 1974 (supplementary grants towards expenditure with respect to National Parks) in accordance with the provisions of that section and those of section 60 or 61 of the Local Government, Planning and Land Act 1980 (rate support grant reports and supplementary reports) as they apply in relation to grants under the said section 7.
  (3)In this section—
  "approved Rate Support Grant Report" means a Rate Support Grant Report which has been laid before and approved by a resolution of the House of Commons;
  "approved supplementary report" means a supplementary report which has been laid before and approved by a resolution of the House of Commons:

  1535
  "duly prescribed" means prescribed by a Rate Support Grant Report or a supplementary report;
  "Rate Support Grant Report" means a Rate Support Grant Report made under section 60 of the Local Government, Planning and Land Act 1980;
  "supplementary report" means a supplementary report made under section 61 of that Act; and
  "year" means a period of 12 months beginning with 1st April.'.
  Earl Ferrers: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 129.
  Moved, That the House do agree with the Commons in their Amendment No. 129.—(Earl Ferrers.)
  Lord Williams of Elvel: My Lords, as I understand it, Amendment No. 129 introduces a new subject. Perhaps the noble Earl may wish to expand on the subject that it introduces before the Question is put to the House.
  Earl Ferrers: My Lords, the noble Lord, Lord Williams of Elvel, is enormously helpful. I am deeply grateful. I am afraid that in the excitement of the last amendments my papers became a little confused and I thought that we were dealing with a different amendment. I am grateful to the noble Lord for having pulled me back on to the track.
  In moving Amendment No. 129 perhaps I may speak also to Amendments Nos. 186 to 188, 214 to 219, 318, 320, 321, 327 and 335. All of these amendments are minor or technical amendments, other than Amendments Nos. 129 and 188. They are required to validate payments of national parks supplementary grant which have been made by my department and the Welsh Office to county and metropolitan district councils since 1990.
  The Secretary of State must lay a report annually before another place. This should specify both the determinations relating to the amount of grant to be paid to country councils which run the national parks and the considerations leading the Secretary of State to make such determinations. The report should be approved by affirmative resolution by another place.
  Regrettably both my department and the Welsh Office have failed to lay such reports before another place since 1990. The legislation permits the payments to be made. The payments were made. They were properly audited in the same way as other local authority expenditure is audited. However, regrettably, the necessary reporting procedure to Parliament was omitted. This problem has only recently come to light and we thought it important that the legality of the payments which have been made to local authorities should be put beyond doubt. That would be achieved by Amendments Nos. 129 and 188. I commend the amendments to the House.
  5.45 p.m.
  Lord Williams of Elvel: My Lords, this is a regrettable event. Not only do we have retrospective validation of payments which were apparently made illegally, but we also have an admission by the Minister that his department and the Welsh Office did not lay the appropriate reports for the payments in question.
  This is an important issue. Can the noble Earl explain to this House what inquiries have been made in his department and in the Welsh Office to find out why such
  1536
  reports were not laid before the other place, as was their duty? What sanctions have been taken against those who were responsible? Which Ministers were involved, and what sanctions have been taken against those Ministers?
  Earl Ferrers: My Lords, I have no hesitation in saying that this is a regrettable occurrence. The noble Lord, Lord Williams, is quite right. Rather than brush the matter aside, we thought it appropriate that it should be put right. It should be made clear that the payments were not made illegally. Legislation permitted the payments to be made and the payments have been properly audited.
  Where we went wrong was in omitting the reporting procedure to Parliament. That was due to an oversight. It is clearly something which should not have happened. Both departments regret that it has happened. The failure appears to be associated largely with the major changes in the regime for local government finance which were introduced in 1990. Both my department and the Welsh Office faced a major task in introducing the new arrangements. In focusing on those they regrettably lost sight of the fact that approval for those grants continued under the previous arrangements. That is the position. It is a regrettable one and we thought it right to correct it.
  Lord Williams of Elvel: My Lords, the noble Earl said that the payments were not made illegally. If they were not made illegally, why do they have to be validated? I understood the expression "validated" to mean that payments which were made contrary to certain provisions, rather than merely not being reported—payments made by mistake—are validated retrospectively by both Houses of Parliament. That is the meaning of the word "validation" as I understand it. If that is not the case perhaps the noble Earl will explain that I am wrong. I believe that I am right.
  Earl Ferrers: My Lords, much as the noble Lord would like me to, I shall not enter into the semantics of the definition of the word "validate". I tried to point out to him that these payments were made perfectly correctly. There was legislation which permitted those payments. It is not a question of payments being made which should not have been made. However, there should have been a report to Parliament, as he says, validating the payments. That is why we seek to amend the Bill now.
  I tried to make clear that that should have been done. Parliament should have known about it. It was an error. However, the payments themselves were covered by legislation which permitted them. In addition, the receipt of the payments was audited.
  On Question, Motion agreed to.

  COMMONS AMENDMENTS
  130 Clause 71, page 82. line 33, at end insert:
  '() specifies a time for the purposes of section 4A of the Town and Country Planning Act 1990.'.
  131 Page 82, line 35, leave out '2(3)' and insert '2'.
  132 Page 82, line 36, at beginning insert '(i)'.
  133 Page 82, line 38. at end insert:
  '(ii) for so increasing the number of local authority members of a National Park authority to he appointed by any council as to secure that

  1537
  the number of local authority members of that authority remains unchanged notwithstanding any such exclusion of a council, or'.
  Earl Ferrers: My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 130 to 133 en bloc. I shall also speak to Amendments Nos. 211 to 213, 312 and 316. These are all technical amendments relating to the interaction between national park and local government reorganisation in Wales. I commend the amendments to your Lordships.
  Moved, That the House do agree with the Commons in their Amendments Nos. 130 to 133.—(Earl Ferrers.)
  On Question, Motion agreed to.

  COMMONS AMENDMENT
  134 After Clause 75, insert the following clause: —
  'PART (AIR QUALITY)
  AIR QUALITY
  National air quality strategy
  .—(1) The Secretary of State shall as soon as possible prepare and publish a statement (in this Part referred to as "the strategy") containing policies with respect to the assessment or management of the quality of air.
  (2) The strategy may also contain policies for implementing—

  (a)obligations of the United Kingdom under the Community Treaties, or

  (b)international agreements to which the United Kingdom is for the time being a party,

  so far as relating to the quality of air.
  (3) The strategy shall consist of or include—

  (a)a statement which relates to the whole of Great Britain; or

  (b)two or more statements which between them relate to every part of Great Britain.

  (4) The Secretary of State—

  (a)shall keep under review his policies with respect to the quality of air; and

  (b)may from time to time modify the strategy.

  (5) Without prejudice to the generality of what may be included in the strategy, the strategy must include statements with respect to—

  (a)standards relating to the quality of air;

  (b)objectives for the restriction of the levels at which particular substances are resent in the air; and

  (c)measures which are to be taken by local authorities and other persons for the purpose of achieving those objectives.

  (6) In preparing the strategy or any modification of it, the Secretary of State shall consult—

  (a)the appropriate new Agency:

  (b)such bodies or persons appearing to him to be representative of the interests of local government as he may consider appropriate;

  (c)such bodies or persons appearing to him to be representative of the interests of industry as he may consider appropriate; and

  (d)such other bodies or persons as he may consider appropriate.

  (7) Before publishing the strategy or any modification of it. the Secretary of State—
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  (a)shall publish a draft of the proposed strategy or modification, together with notice of a date before which, and an address at which, representations may be made to him concerning the draft so published; and

  (b)shall take into account any such representations which are duly made and not withdrawn.'.

  Earl Ferrers: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 134. Perhaps I may speak also to Amendments Nos. 135 to 145, 169, 172 to 174, 181 to 184, 220, 261, 265, 267, 301 and 336.
  The group of amendments introduces an important new part into the Bill which would provide a new framework for assessing and managing air quality in the United Kingdom. This new part provides for a national air quality strategy and for revised powers and duties on local authorities, the Secretary of State, the Scottish Environment Protection Agency and others.
  The amendments implement the government policy as was expressed in Improving Air Quality: and Air Quality: Meeting the Challenge. Air Quality: Meeting the Challenge was published only in January of this year when the Bill was already before Parliament. I realise that it is a substantial group of amendments for your Lordships to digest at this stage. I hope that it will be seen to constitute a full and constructive response to the amendments tabled in the House by the noble Lords, Lord Lewis and Lord Nathan, and by my noble friend Lord Jenkin of Roding.
  In summary, the amendments introduce a national air quality strategy which will contain government policies on the assessment and management of air quality. They will introduce by regulation-making powers the means to prescribe air quality standards and objectives, and to enable other steps to be taken to meet them; and they will place new duties on local authorities to conduct reviews on local air quality, to designate air quality management areas and to prepare action plans to use their powers to address problems in those areas.
  Amendment No. 134 allows for there to be a national air quality strategy. That will be a statement of government policies on the topic. As well as dealing with the United Kingdom's aims, the strategy will be a means of implementing some of the important air quality provisions of European Community directives and international agreements to which this country is a party. It will set out general standards and objectives on air quality, and will include measures which the Government are looking to local authorities and others to take in pursuit of the strategy's objectives.
  By means of Amendment No. 135, we intend to ensure that the new agencies—the Environment Agency for England and Wales and the Scottish Environment Protection Agency—have regard to the strategy in discharging their pollution control functions.
  In Amendment No. 136, we require local authorities to carry out reviews in their areas of the present and likely future quality of air. The next step, described in Amendment No. 137, will he to require local authorities to designate local air quality management areas for all or part of their areas which are affected by air quality which is below the prescribed standards or objectives.

  1539
  Where local authorities have designated air quality management areas, Amendment No. 138 will require them to revise or prepare assessments and to prepare action plans for those areas with timetables for the measures which they intend to take to address the problem. District and county councils will be required to work together in preparing the action plan in areas where both types of councils operate.
  Amendment No. 139 deals with the reserve powers of the Secretary of State, or, in Scotland, of the Scottish Environment Protection Agency, acting with the approval of the Secretary of State. In substance, the Secretary of State and the Scottish Environment Protection Agency are given wide powers to make directions to local authorities over the steps which they must take on local air quality.
  Amendment No. 140 seeks to ensure that both district and county councils will be properly involved at all important stages of assessing and managing local air quality. Amendment No. 141 contains wide regulation-making powers and has a number of features which perhaps I may draw to your Lordships' attention. Regulations will be made for the purposes of implementing the strategy, implementing European Community or other international obligations, or otherwise for the assessment or management of the quality of air.
  Perhaps most importantly, "air quality standards" and "air quality objectives" are defined in the section, Interpretation of Part (Air Quality), as those prescribed under regulations made under that section. It is therefore those standards and objectives which will trigger most of the provisions of that new part. I should make it clear that regulations could deal with standards and objectives which stand as long-term goals and those which act as alert levels or indicators of episodes.
  Regulations will also deal with local authorities' powers and duties prohibiting or restricting prescribed activities, provision to the public of information on air quality, offences and appeals, fixed penalty schemes for offences under the regulations, and other aspects of new local air quality management systems.
  These are wide powers for a number of reasons. As many of your Lordships will know, my department and the Scottish and Welsh Offices are involved in very active discussions with local authorities about their role in respect of air quality issues. Rather than try to anticipate in this Bill every detail of what may be needed, we have sought to reflect the strong view of many local authorities that powers within the Bill should be wide enough and flexible enough to be able to give effect to the outcome of those discussions. We understand that view and I think that we have gone a long way to meet it.
  We may well need to consider implementation of European Community obligations through the medium of those regulations. One example might well be the air quality framework directive which is being concluded.
  I should also like to address the safeguards that we have introduced in order to balance the regulation making powers. We have introduced provisions to ensure that there is consultation before the powers are used. Importantly, we propose that they should be
  1540
  subject to the affirmative resolution procedure but with additional provision to the effect that provision for particular cases will riot be treated as making the regulations hybrid. That last provision is necessary because the orders may relate to specific local authorities but will be made in pursuance of a national air quality strategy.
  Amendment No. 142 allows for guidance to be given by the Secretary of State which can cover the exercise by local authorities of their powers under this Part. Amendment No. 143 applies the national air quality strategy to the Isles of Scilly. Amendment No. 144 introduces a new schedule for this part. The other amendments are, I think, fairly straightforward. I commend the amendment.
  Moved, That the House do agree with the Commons in their Amendment No. 134. —(Earl Ferrers).
  Baroness Hilton of Eggardon: My Lords, no doubt the noble Baroness, Lady Hamwee, and I will make the same points about the anticipated costs to local authorities.
  The overall strategy for dealing with air quality is extremely welcome. We are delighted that it appears on the face of the Bill. However, the provision imposes specific new duties on local authorities; and costs could be considerable in terms of capital outlay. It has been estimated that purchasing or leasing the equipment to monitor a station to the appropriate standard could he as much as £0.25 million per authority. In addition, there would be annual running costs of anywhere between—
  Earl Ferrers: My Lords, perhaps I may interrupt the noble Baroness to make sure that we are on the right rails. Is she addressing the amendment in her name'? I gather that she is not.
  Baroness Hilton of Eggardon: My Lords, I have no amendments down.
  Baroness Hamwee: My Lords, perhaps I may assist the House. Amendment No. 134C stands in my name. That may be the amendment in the mind of the Minister which deals with the questions of cost. It is grouped separately from this group of amendments.
  Earl Ferrers: My Lords, I beg Lady Hilton's pardon. She was right to speak. I have no doubt that when the noble Baroness, Lady Hamwee, speaks on her amendment, the Deputy Speaker will first put the amendment to which the noble Baroness's amendment will refer.
  Baroness Hilton of Eggardon: My Lords, I have not put down a specific amendment. The amendment in the name of the noble Baroness, Lady Hamwee, is not in this group. However, I wish to make a general point about costs. I hope that the Minister will assure the House that those will be met from central government funds.
  6 p.m.
  Lord Jenkin of Boding: My Lords, I have two amendments which are grouped with Amendment No. 134. I start by warmly welcoming the speed with which the Government have brought the primary legislation

  1541
  before Parliament. We should bear in mind that the White Paper appeared only in January, yet within a few days it will now be embodied in primary legislation, and that is something for which the Government are entitled to great credit.
  I wish to speak to the new regulation-making power, to which my noble friend referred in Commons Amendment No. 141. That provision will give the local authorities power to tackle poor air quality and in particular to undertake the testing of vehicles at the roadside which are recognised as contributing substantially to atmospheric pollution in the cities. It is interesting that since the matter was discussed in your Lordships' House in Committee and on Report, public anxiety about the consequences of vehicle pollution in cities has greatly increased. During periods of still air and bright sunshine, the health consequences of pollution have been very much underlined. We must all from time to time, either in our families or among our friends, meet people who find that during the middle of the day in the cities it is almost impossible for them to go out because of the impact of conditions on their breathing.
  The clinical connection with asthma is the subject of a major study which has yet to be resolved, but no one can seriously doubt that adverse air quality from vehicles is now a serious matter. The Bill gives local authorities the power to join the Department of Transport in enforcing the construction and use regulations by testing vehicles at the roadside. That is a matter which we have pressed and it is now covered in the Bill.
  I remind the House that the London Local Authorities Bill contains a power for that, but it is confined to the London boroughs. Subject to one point, this Bill probably makes it unnecessary for the authorities to proceed with that part of the local authorities Bill.
  I feel it is a little unfair that when one has been given a bowl nearly full of cherries, one should still ask for the bowl to be filled. However, there is one issue which I believe it is right for us to consider: the power of stopping. Everyone agrees that it is only police constables in uniform in general who should have the power to stop vehicles. I know that my right honourable friend is strongly of that view. After all, he spent a long time at the Home Office. It was asserted again in another place and is now to be found in Amendment No. 141, the long clause, subsection (5A) on page 39 of the Commons Amendments. Near the bottom of the page we see the explicit injunction that nothing in the clause would allow anyone other than a police officer to stop a vehicle.
  However, there is a great difficulty. If there is no power to stop vehicles, how will the local authorities be able to carry out their testing functions? It is mostly when a vehicle is on the move that one can see that it may well be guilty of emissions beyond the permitted limits. Therefore the London Bill originally included the power to stop vehicles.
  The more the matter is considered by the local authorities concerned, the more they believe that without the power to stop, the power to test will become largely
  1542
  ineffective. My amendments, Amendments Nos. 141A and 261A, give the Government power, but no obligation, to allow traffic wardens in uniform to undertake the stopping, in order that the local authorities may carry out testing. Traffic wardens are not local authority officials, they come under the police authorities. They carry out part of the police functions. It has become increasingly the practice over recent years since their introduction for traffic wardens to take over a number of functions which used regularly to be carried out by police, such as traffic direction, as well as their primary purpose of enforcing parking regulations and so on.
  It has, therefore, been suggested, that it is a perfectly legitimate extension of the existing role of traffic wardens that they should be permitted, under police control and direction—and that is what it would be—to engage in the stopping of vehicles so that the local authority testers can carry out tests.
  I entirely understand the difficulties of the Home Office and my right honourable friend in another place, Mr. Atkins, made it perfectly clear that he was having considerable arguments with his opposite numbers in the Home Office. I had the advantage of a brief discussion with the Home Secretary. Policemen and the police service do not regard it as a proper use of police time to stop vehicles for emission. They have more important things to do. Noble Lords will remember that I made that point firmly in earlier stages of the Bill. Policemen have plenty to do preventing crime and apprehending criminals. It is not realistic to expect them to stop vehicles for emission.
  Perhaps I may take the example of the 33 London boroughs. They hope to be able to have at least one team of testers per borough in action for most of the week. It is only one team covering the whole of a London borough with a population of 250,000 to 350,000 people, so that it is not a substantial exercise. However, in terms of 33 full-time policemen employed throughout London on that purpose, one begins to see why the commissioner and the Home Office are reluctant to commit police manpower to it. It is not just a question of money—no doubt it could be paid for—hut trained policemen are expensive and they are specifically trained for certain purposes.
  Why should not local authorities he allowed to authorise and supervise where necessary traffic wardens carrying out the stopping of vehicles? My amendment would not automatically provide for that; all it does is to write into the Bill the power for the Government to make regulations which would authorise traffic wardens to carry out those functions.
  The Government may be right that the power to test will he a sufficient measure and deterrent. It may well he used on vehicles which have already been stopped and that action will, to an extent, have the effect of cleaning up the atmosphere. But a large number of people outside this House have the gravest doubt. If the power which the Government have now taken is to he made effective, I believe that as a precaution they should extend the power to allowing traffic wardens to stop vehicles. The wardens will he in uniform, instantly recognisable. Drivers are increasingly used to traffic wardens directing traffic, particularly when there are

  1543
  emergencies. Traffic wardens will frequently divert vehicles to another street, where necessary. We have all become used to that. Therefore, my amendment would be a perfectly permissible extension. I recognise the difficulty that if we were to accept my amendments, the Bill would have to be returned to the other place with the amendments. Nevertheless it seems to me that, since the Government have gone most of the way to meet the strongly expressed views in this House and elsewhere that the power to test vehicles should now be put into primary legislation, it would be a pity if the legislation was ineffective because of failure to provide for an adequate stopping power. My amendments are a solution and I hope that, having heard the argument, my noble friend will he prepared to smile on them.
  The Deputy Speaker (Lord Dean of Harptree): My Lords, the Question is that this House do agree with the Commons in their Amendment No. 134.
  Earl Ferrers: My Lords, I am sorry to interrupt the noble Lord, but I believe that in order to get us hack onto the right rails it would be correct if he called the amendment of the noble Baroness, Lady Hamwee. The rest of the discussion can then take place on her amendment.

  AMENDMENT TO COMMONS AMENDMENT NO. 134
  134A In paragraph (5) (c), after ("by") insert ("the Secretary of State, the Secretary of State for Transport, and").
  Baroness Hamwee: My Lords, I beg to move Amendment No. 134A as an amendment to Commons Amendment No. 134.
  I am as confused as everyone else over this procedure. I hope that I may, without adding to the confusion, also speak to Amendment No. 134D, which is grouped with this one and which makes the same point.
  These amendments arc my attempts to draw to your Lordships' attention the importance of interdepartmental and cross-authority working. I hope that the Minister can reassure me that the references that I have suggested are not in fact necessary either as a matter of practice or indeed as a matter of legislation. I hope he can assure me that in the provisions as they will be set out on the face of the Bill, what I seek will be covered, and not simply as a matter of good will.
  I very much welcome Amendment No. 134. However, in welcoming it I must express regret that it is necessary, and indeed that it has come to be seen as more necessary during the difficult weather that we have experienced since this Bill started its passage through Parliament.
  My amendments refer not only to measures that are to he taken by local authorities but to measures to be taken by the Secretary of State (that is, the Secretary of State for the Environment), and more particularly the Secretary of State for Transport. I seek to include that reference in subsection (5) (c) and as a new paragraph in subsection (6).
  The contribution to air quality—or perhaps I should say the detraction from air quality—brought about by transport is increasingly understood and is a matter of increasing concern. Subsection (5) (c) refers to measures
  1544
  to be taken by local authorities. Indeed, they will be in a position to do certain things to assist in improving air quality. They are very much at the sharp end. The Secretary of State for Transport may, for instance, have a policy whose effect is to increase road traffic, and perhaps in particular heavy traffic, rather than moving as much to rail as may be possible, or he may, for instance, not support the use of buses as much as may be practicable. Then it will be impossible for local authorities to take local steps which can do more than ameliorate at the very margins what is going on.
  I am sure that the new Secretary of State for Transport recognises very well that he inherits a huge responsibility in this area. As I say, I hope that the Minister can reassure me that that responsibility is recognised, not only as a matter of good will and general discussion between the departments, but actually in the words of the Bill. I cannot see it, but then I may not be reading the words quite correctly. I beg to move.
  Moved, That Amendment No. 134A, as an amendment to Commons Amendment No. 134, be agreed to.—(Baroness Hamwee).
  6.15 p.m.
  Lord Renton: My Lords, the noble Baroness has a very good point of substance, but her way of dealing with it is contrary to our usual legislative practice. Unfortunately, the term "Secretary of State" is deemed to include all Secretaries of State. Now that we have a First Secretary of State, I think it would even include him. Therefore, although the noble Baroness clearly made a point that is worthy of consideration by the Government, I do not think the Government would feel themselves very much at ease in dealing with it in that way; and, alas, it is probably too late to find another way of drafting it.
  Earl Ferrers: My Lords, I am glad that we got ourselves back on the technically correct rails, even though it was confusing not only to the noble Baroness, Lady Hamwee, but also to others. She moved her amendment, and technically the debate is taking place on that amendment.
  Perhaps I may answer first the points made by the noble Baroness, Lady Hilton, on the substance of my amendment. She was concerned about local authority monitoring costs and thought that they would he very large. Not all authorities will need expensive monitoring equipment. Some will already have bought some equipment. We are expanding our networks and will be directing our resources at the priority areas. We shall discuss the cost fully with the local authorities, and we shall deal with all these matters in the course of the consultation which is bound to go on with the local authorities.
  The noble Baroness, Lady Hamwee, very kindly hoped that I should be able to tell her that her amendments were unnecessary. That is precisely what I was about to do, though in a more felicitous way. Her Amendment No. 134A is unnecessary because the strategy will set out the Government's policies on air quality, including the steps which they will take to address air quality problems. These will include policies

  1545
  that will be contributed to by a number of different government departments. It is unnecessary to specify individual Secretaries of State.
  In regard to Amendment No. 134D, my noble friend Lord Renton, as usual, hit the nail completely on the head when he said that, although the noble Baroness wants to consult the Secretary of State for Transport, it is not necessary to state that specifically in the Bill because the Secretary of State for Transport is included in the generic term "Secretary of State". He will of course be fully consulted and will be a major contributor to the national air quality strategy.
  I am surprised, however, that in sitting down my noble friend said that it was too late to do anything about it even if we wanted to, having said that it was not necessary in the first place. If we did put in the amendment that the noble Baroness wanted, we should be requiring the Secretary of State to consult himself. As my noble friend Lord Peyton would say, that would be a very odd thing to do. So that is not necessary. The point that the noble Baroness wanted covered is in fact covered by the use of "Secretary of State" as a generic term. He will be fully consulted on the national air quality strategy.
  Amendments Nos. 141A and 261A, to which my noble friend Lord Jenkin of Roding referred, would enable the regulations, as my noble friend said, to extend the power to stop vehicles to traffic wardens. At the moment that power is confined to policemen.
  I can quite understand the reasons behind this proposal. However, I am bound to tell my noble friend that I do not believe that regulations about air quality discussed in the closing stages of the Environment Bill are the right place for a review of the functions of traffic wardens.
  There are strong arguments either way on this matter. I understand the need to ensure that scarce police resources are used to best effect. But conferring powers to stop vehicles is a very significant step indeed, as I know from the days when I was privileged to occupy a position in the Home Office. A number of organisations have expressed very strong concerns that only the police should have powers to stop vehicles. We also noted the views expressed on all sides of the Committee in another place.
  It is true that the Road Traffic Regulation Act 1984 contains the means to transfer some powers to traffic wardens; but important questions would remain. The provisions of the 1984 Act apply to the transfer of "appropriate functions". It is by no means clear that the functions of stopping vehicles would necessarily come into the realm of being an appropriate function for a traffic warden. For example, what would happen if drivers refused to stop? What happens then? How would the traffic warden react? Should he run after the driver? Should he send for a policeman? What happens? These matters are important. We shall have to consider what would happen if these people, having been stopped by a traffic warden, proved unwilling to co-operate. The police have powers to deal with such contingencies but traffic wardens do not.
  1546
  I understand the argument of my noble friend. This a perfectly terrible situation. But if this change is to be brought about, or something of that nature, it ought to be done in the context of a wider review of the powers and duties of the police and traffic wardens, where the Home Office can ensure that all those who should be fully consulted are fully consulted. That would include all those organisations which represent the police and the motorists' organisations and even women's groups, which have expressed concern about these matters.
  My noble friend has a point but I do not feel that this is the appropriate place or indeed the appropriate time to incorporate it into the Bill.
  Baroness Hamwee: My Lords, I expected to be shot down on those grounds. However, aiming to table a couple of amendments before the weekend—like other noble Lords, I have had some difficulty in dealing with the bulk of this work and apologise for the lateness of my amendments—I thought it was probably better to get the amendment onto the Marshalled List rather than wait and achieve perfect wording. I recognised also that at this stage it was unlikely that your Lordships would wish to return the Bill to another place on such a matter.
  I thank the noble Earl for what he said on the issue of transport and the consultation which will take place. I am not sure that I entirely agree with him that Secretaries of State should not he required to consult with themselves. Sometimes procedural delay requiring them to stop and think might not be a bad thing.
  As I am on my feet, perhaps I may take the opportunity to regret that the Minister gave such a reply to the noble Lord, Lord Jenkin. My name is also to his amendment and I warmly support it. I think that it was entirely the right place in which to try to move the issue forward and ensure that the steps proposed can he put into effect. Having said that, I beg leave to withdraw my amendment.
  Amendment No. 134A, as an amendment to Commons Amendment No. 134, by leave, withdrawn.

  AMENDMENT TO COMMONS AMENDMENT NO. 134
  134B After paragraph (5) (c), insert:
  ("() measures of a temporary nature which are to he taken by local authorities and other persons in the event that air quality standards appear likely to be exceeded.").
  Baroness Hamwee: My Lords, Amendment No. 134B seeks reassurance from the Minister, if he can give it. Otherwise it seeks inclusion in the Bill of a provision for local authorities to take, when required, temporary measures to deal with air quality standards.
  I raised the matter following debate in another place on an amendment moved by my honourable friend the Member for Truro, who drew the attention of the other place to the need for any strategy to allow for temporary measures. Your Lordships will he well aware from recent personal experience how quickly air quality can deteriorate. But we have a weather prediction system—that description might glorify it a little but the science is there—which can predict when pollution levels will climb rapidly. Once air quality standards have been set, it ought to he possible to forecast over a three or

  1547
  four-day timescale when those standards may be breached because of weather conditions in conjunction with other events.
  If so, the Government, working with local authorities, could take steps to ensure that air quality standards would not be breached. Perhaps I may give two examples. First, one might impose for a short period speed limits on motorways. We know that at high speeds vehicles are far more polluting than if speeds are controlled. My second example entails the closure of certain streets in city centres. After all, is it right to say to those who suffer from respiratory illnesses, "Pollution levels tomorrow and the day after will be very high and we suggest you stay at home"? The message should rather be: "Pollution levels will be very high and car drivers should leave their cars at home", so that those with respiratory illnesses should not have to stay at home and suffer. Those are just two examples of short-term but very urgent steps that might be taken.
  When the matter was discussed in another place, it was suggested by the then Minister that such powers do in fact exist. He was not able to give chapter and verse. More recently in a Question to the then Secretary of State, my honourable friend the Member for North Cornwall asked the Secretary of State to confirm that he had such powers. He asked him to explain how he intended to use them and to tell the other place what opportunities he would offer to local authorities to use such powers as well. The answer from the Secretary of State for Transport was:
  "I think the honourable gentleman is referring to road safety regulations".
  My honourable friends have not yet been able to obtain further clarity on the matter.
  Therefore, I raise the issue today in the hope that the Minister will be able to reassure your Lordships that the powers in local authorities do exist. If he cannot do so, perhaps he will assist me and the House by saying how, within this strategy, temporary measures, which are quite often very urgent and important measures, can be achieved. I beg to move.
  Moved, That Amendment No. 134B, as an amendment to Commons Amendment No. 134, be agreed to.—(Baroness Hamwee.)
  Lord Renton: My Lords, the amendment moved by the noble Baroness has to be regarded in the light of what comes earlier in subsection (5) of the new clause proposed by Commons Amendment No. 134. Subsection (5) (a) refers to:
  "standards relating to the quality of air".
  The noble Baroness's amendment says:
  "in the event that air quality standards appear likely to be exceeded".
  That looks like quality standards better than those required.
  I should have thought—if the Government wanted this amendment, they could accept a manuscript amendment to it—that rather than the words "likely to be exceeded", the noble Baroness has in mind the words "unlikely to he reached".
  Earl Ferrers: My Lords, the noble Baroness is quite right to draw attention to this matter. Air pollution is a terrible thing and so is the pollution by vehicles. Indeed, in the past 24 hours or so, we have seen a certain amount of pollution occurring.
  I can help her with her concern. The prime aim of a strategy for managing air quality has to be to reduce air pollution in general. If that is done, one avoids the risk of what the professionals call "episodes". An episode is a period of high pollution. We recognise that the risk of such episodes is bound to remain. One cannot remove them wholly. That is why the publications Improving Air Quality and Air Quality: Meeting the Challenge stated quite clearly that appropriate action in these episodes must also be part of the new system. In other words, it is right to address the totality in order to reduce air pollution in general, but when a period of high pollution occurs, appropriate action must be taken.
  In line with that, amendments to the Bill have been carefully framed so as to cover long-term goals as well as more immediate action. The amendment will allow response measures to be developed for both the long and the short term. I can assure the noble Baroness that developing sensible and effective action during pollution episodes, or when periods of high pollution can be accurately forecast, will be an integral part of implementing the air quality provisions of the Bill. It is not necessary therefore to single out those episodes on the face of the Bill. In fact, that may produce an adverse effect. I know the noble Baroness did not table the amendment with that intention, but it may suggest that less attention should be paid to the planned long-term measures which would help us to avoid the short-term problems.
  The noble Baroness said that she found it difficult to know where the provisions occur in the Bill. Perhaps I can draw her attention to Amendment No. 261, which amends Sections 1 and 6 of the Road Traffic Regulation Act 1984 which allows traffic regulation orders to be made for the same purposes as those for which regulations may be made under Part IV relating to air quality. Of course, we must take careful account of a number of other considerations before those powers are used, but the amendment also amends Section 122 of the 1984 Act to the effect that local authorities with traffic and parking responsibilities under that section would be required to have regard, so far as practicable, to the national air quality strategy.
  I hope that I have been able to satisfy the anxieties of the noble Baroness with that explanation.
  Baroness Hamwee: My Lords, that is extremely helpful. I beg leave to withdraw the amendment.
  Amendment No. 134B, as an amendment to Commons Amendment No. 134, by leave, withdrawn.
  6.30 p.m.

  AMENDMENT TO COMMONS AMENDMENT NO. 134
  134C After Clause 75, after paragraph (5) (c), insert:
  ("() an assessment of the likely costs to local authorities of carrying out reviews under section (Local authority reviews) and of implementing action plans under section

  1549
  (Duties of local authorities in relation to designated areas) and a statement of the Secretary of State's proposals for making a contribution to these costs.").
  Baroness Hamwee: My Lords, I beg to move Amendment No. 134C as an amendment to Commons Amendment No. 134.
  I am taking up a lot of your Lordships' time and shall endeavour to be brief. The noble Baroness, Lady Hilton, referred, quite rightly, to anxieties felt by local authorities in regard to the likely cost of proceeding with the strategy. That is not to say that there is a reluctance to do so, but inevitably the question arises whether local authorities will be able to finance the process. I recognise that there may be a question of privilege if I were to seek to include an amendment calling for a higher level of public expenditure. I hope therefore that Amendment No. 134C, in drawing your Lordships' attention to the issue, will achieve the appropriate response from the Minister.
  Local authorities will be under a duty to review air quality; to declare the whole or part of their area as an air quality management area and, in relation to those air quality management areas, under a duty to produce action plans. That will clearly mean that new costs will be incurred. The Minister indicated earlier that the costs may not be very high. However, monitoring will not be a paper exercise and in some areas continuous monitoring will be required.
  In London we now have an established monitoring system—the London Air Quality Network—which was commended by the Royal Commission on Environmental Pollution in its recent report on transport. That network will need to be augmented to ensure that all local authority areas are covered for all the target pollutants. Areas outside of London which do not currently monitor air quality are likely to be faced with substantial extra costs.
  I therefore tabled an amendment to add, at the end of subsection (5) (c), that the way in which the Secretary of State draws up his strategy should include an assessment of the likely costs to local authorities for carrying out their reviews and implementing action plans. There should also be a statement by the Secretary of State of his proposals for making a contribution to those costs. I tabled that amendment in order to require the Secretary of State, as part of the whole exercise, to make clear what the costs are likely to be and what proposals there may be for meeting them. I beg to move.
  Moved, That Amendment No. 134C, as an amendment to Commons Amendment No. 134, be agreed to.—(Baroness Hamwee.)
  Lord Renton: My Lords, Amendment No. 134C raises important issues. It is interesting that Amendment No. 134, the new clause, introduces something which I have not seen in statute before; namely, a requirement upon the Government to prepare and publish a statement to be referred to as "the strategy". That is a fine concept.
  The noble Baroness, Lady Hamwee, is fully entitled to ask, as she did, whether, as part of that strategy, the extra costs to be borne by local authorities—that is
  1550
  inevitable—should be a stated part of the strategy. My noble friend Lord Ferrers may say that the amendment is not necessary because the clause as it stands is quite far-reaching and, in any event, the Secretary of State is obliged to publish a draft of the strategy before it becomes effective.
  The noble Baroness has performed a useful service by asking the Government to consider this matter and I shall be interested to hear what my noble friend says.
  Earl Ferrers: My Lords, my noble friend Lord Renton is correct when he said that I may say that the amendment is not necessary. That is what I do say.
  Costs are always a problem. First we say that there is terrible pollution and that we must do something about it; then we produce a Bill to say what must be done, and certain responsibilities are placed upon local authorities. Then everyone screams that local authorities do not have any money and the Government must provide it. But of course the Government are always trying to curtail their expenditure. We tend therefore to go around the houses.
  If we are not prepared to take action, then nothing will ever happen. We must settle down to the business of saying who will provide the service and where the resources will come from. We recognise that the new system of air quality management is bound to have cost implications for local authorities. It is the Government's aim to obtain the best possible estimate of those costs and of the potential cost to others—for instance, industry. It is difficult to be able to say what the costs will be. We want to obtain as reasonable an estimate as we can. We are already in extensive discussions with local government and are setting up a formal liaison group to take forward the implementation of the new provisions. Costs will be an important topic for discussion as we prepare the draft strategy for consultation.
  We must accept that it will not be possible to provide accurate figures which may be implied by a statutory requirement at the outset of a new and complex system and one which must not only be set up, but also be able to adapt itself. We shall therefore be working closely with local government at all stages of the implementation. We shall be revising and refining the cost estimates—for example, as we prepare the regulations. Those estimates will be taken into account when we consider local authority resources in the normal way.
  We shall be directing central government activity towards implementation of the new system. We shall encourage councils to make use of the extensive local and national data already available and many will be able to rely largely on that for their national reviews of air quality. We are expanding the networks—the new government stations—and we are funding the integration of some existing local authority equipment so that it can operate to national standards. We are paying for detailed emissions inventories for some of the largest conurbations. Those are an essential tool in an air quality management system. We will be looking to what else should be developed nationally as the system comes into operation.

  1551
  These are fairly large undertakings. The system is in the process of being put into place. Costs are important. We cannot give a guarantee as to exactly what they will be but the noble Baroness can be assured that we shall do this in close consultation with the local authorities. I hope she will consider that, if nothing else, her amendment has provided me with the opportunity to say what the Government are doing. I rather fancy that that was the purpose of her amendment in the first place.
  Baroness Hamwee: My Lords, the purpose of my amendment was to make it clear that the Government, while producing one sort of bill, recognise that there is another sort of bill and that there is a responsibility to meet the costs. I do not make an apology for drawing this matter to your Lordships' attention. Inevitably, this is an issue where immediate costs will fall on one set of shoulders and the long-term savings, quite apart from personal savings, may well be in another area. I refer to expenditure on health. After all, that is a lot of what this is about.
  I am grateful to the Minister for his reply. I am pleased to hear what the Government are doing and I shall he pleased over the next few months and years to hear more. It is an important area. However, it is also important to recognise that there are savings to be made over a longer period and that those will require an investment in the shorter period. I beg leave to withdraw the amendment.
  Amendment No. 134C, as an amendment to Commons Amendment No. 134, by leave, withdrawn.
  [Amendment No. 134D not moved.]
  On Question, Motion agreed to.

  COMMONS AMENDMENTS
  135 After Clause 75, insert the following clause:—
  Functions of the new Agencies
  '.—(1) In discharging its pollution control functions, each new Agency shall have regard to the strategy.
  (2) In this section "pollution control functions", in relation to a new Agency, means—

  (a) in the case of the Agency, the functions conferred on it by or under the enactments specified in section 5(5) above; or

  (b) in the case of SEPA, the functions conferred on it by or under the enactments specified in section 31(5) above.'.

  136 After Clause 75, insert the following clause:—
  Local authority reviews
  '.—(1) Every local authority shall from time to time cause a review to be conducted of the quality for the time being, and the likely future quality within the relevant period, of air within the authority's area.
  (2) Where a local authority causes a review under subsection (1) above to be conducted, it shall also cause an assessment to be made of whether air quality standards and objectives are being achieved, or are likely to be achieved within the relevant period, within the authority's area.
  (3) If, on an assessment under subsection (2) above, it appears that any air quality standards or objectives are not being achieved, or are not likely within the relevant period to be achieved, within the local authority's area, the local authority shall identify any parts of its area in which it appears that those standards or objectives are not likely to he achieved within the relevant period.'.
  137 After Clause 75. insert the following clause:—
  Designation of air quality management areas
  '.—(1) Where, as a result of an air quality review, it appears that any air quality standards or objectives are not being achieved, or are not likely within the relevant period to be achieved, within the area of a local authority, the local authority shall by order designate as an air quality management area (in this Part referred to as a "designated area") any part of its area in which it appears that those standards or objectives are not being achieved, or are not likely to be achieved within the relevant period.
  (2) An order under this section may, as a result of a subsequent air quality review,—

  (a) be varied by a subsequent order; or

  (b) be revoked by such an order, if it appears on that subsequent air quality review that the air quality standards and objectives are being achieved, and are likely throughout the relevant period to be achieved, within the designated area.'.

  138 After Clause 75, insert the following clause:—
  Duties of local authorities in relation to designated areas
  '.—(1) Where an order under section (Designation of air quality management areas) above comes into operation, the local authority which made the order shall, for the purpose of supplementing such information as it has in relation to the designated area in question, cause an assessment to be made of—

  (a) the quality for the time being, and the likely future quality within the relevant period, of air within the designated area to which the order relates: and

  (b) the respects (if any) in which it appears that air quality standards or objectives are not being achieved, or are not likely within the relevant period to be achieved, within that designated area.

  (2) A local authority which is required by subsection (1) above to cause an assessment to be made shall also he under a duty—

  (a) to prepare, before the expiration of the period of twelve months beginning with the coming into operation of the order mentioned in that subsection, a report of the results of that assessment; and

  (b) to prepare, in accordance with the following provisions of this Part, a written plan (in this Part referred to as an "action plan") for the exercise by the authority, in pursuit of the achievement of air quality standards and objectives in the designated area, of any powers exercisable by the authority.

  (3) An action plan shall include a statement of the time or times by or within which the local authority in question proposes to implement each of the proposed measures comprised in the plan.
  (4) A local authority may from time to time revise an action plan.
  (5) This subsection applies in any case where the local authority preparing an action plan or a revision of an action plan is the council of a district in England which is comprised in an area for which there is a county council; and if, in a case where this subsection applies, the county council disagrees with the authority about the contents of the proposed action plan or revision of the action plan—

  (a) either of them may refer the matter to the Secretary of State;

  (b) on any such reference the Secretary of State may confirm the authority's proposed action plan or revision of the action plan, with or without modifications (whether or not proposed by the county council) or reject it and, if he rejects it, he may also exercise any powers of his under section (Reserve powers of the Secretary of State or SEPA) below: and

  1553

  (c) the authority shall not finally determine the content of the action plan, or the revision of the action plan, except in accordance with his decision on the reference or in pursuance of directions under section (Reserve powers of the Secretary of State or SEPA)below.'.

  Earl Ferrers: My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 135 to 138.
  Moved, That the House do agree with the Commons in their Amendments Nos. 135 to 138.—(Earl Ferrers.)
  On Question, Motion agreed to.

  COMMONS AMENDMENT
  139 After Clause 75, insert the following clause:—
  Reserve powers of the Secretary of State or SEPA
  '.—(1) In this section, "the appropriate authority" means—

  (a) in relation to England and Wales, the Secretary of State; and

  (b) in relation to Scotland, SEPA acting with the approval of the Secretary of State.

  (2) The appropriate authority may conduct or make, or cause to be conducted or made,—

  (a) a review of the quality for the time being, and the likely future quality within the relevant period, of air within the area of any local authority;

  (b) an assessment of whether air quality standards and objectives are being achieved, or are likely to be achieved within the relevant period, within the area of a local authority;

  (c) an identification of any parts of the area of a local authority in which it appears that those standards or objectives are not likely to be achieved within the relevant period; or

  (d) an assessment of the respects (if any) in which it appears that air quality standards or objectives are not being achieved, or are not likely within the relevant period to be achieved, within the area of a local authority or within a designated area.

  (3) If it appears to the appropriate authority—

  (a) that air quality standards or objectives are not being achieved, or are not likely within the relevant period to be achieved, within the area of a local authority,

  (b) that a local authority has failed to discharge any duty imposed on it under or by virtue of this Part,

  (c) that the actions, or proposed actions, of a local authority in purported compliance with the provisions of this Part are inappropriate in all the circumstances of the case, or

  (d) that developments in science or technology, or material changes in circumstances, have rendered inappropriate the actions or proposed actions of a local authority in pursuance of this Part.

  the appropriate authority may give directions to the local authority requiring it to take such steps as may be specified in the directions.
  (4) Without prejudice to the generality of subsection (3) above, directions under that subsection may. in particular, require a local authority—

  (a) to cause an air quality review to be conducted under section (Local authority reviews) above in accordance with the directions:

  1554

  (b) to cause an air quality review under section (Local authority reviews) above to be conducted afresh, whether in whole or in part, or to be so conducted with such differences as may be specified or described in the directions;

  (c) to make an order under section (Designation of air quality management areas) above designating as an air quality management area an area specified in, or determined in accordance with, the directions;

  (d) to revoke, or modify in accordance with the directions, any order under that section;

  (e) to prepare in accordance with the directions an action plan for a designated area;

  (f) to modify, in accordance with the directions, any action plan prepared by the authority; or

  (g) to implement, in accordance with the directions, any measures in an action plan.

  (5) The Secretary of State shall also have power to give directions to local authorities requiring them to take such steps specified in the directions as he considers appropriate for the implementation of—

  (a) any obligations of the United Kingdom under the Community Treaties. Or

  (b) any international agreement to which the United Kingdom is for the time being a party,

  so far as relating to the quality of air.
  (6) Any direction given under this section shall be published in such manner as the body or person giving it considers appropriate for the purpose of bringing the matters to which it relates to the attention of persons likely to be affected by them; and—

  (a) copies of the direction shall be made available to the public; and

  (b) notice shall be given—

  (i) in the case of a direction given to a local authority in England and Wales, in the London Gazette, or

  (ii) in the case of a direction given to a local authority in Scotland, in the Edinburgh Gazette,

  of the giving of the direction and of where a copy of the direction may be obtained.
  (7) It is the duty of a local authority to comply with any direction given to it under or by virtue of this Part.'.
  Earl Ferrers: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 139.
  Moved, That the House do agree with the Commons in their Amendment No. 139.—(Earl Ferrers.)

  AMENDMENT TO COMMONS AMENDMENT NO. 139
  139A After Clause 75, at the end of subsection (7) insert ("and which is within its powers").
  Baroness Hamwee: My Lords, I beg to move Amendment No. 139A as an amendment to Commons Amendment No. 139. My amendment is what your Lordships may think is a knee-jerk reaction to my reading of this new provision. Subsection (7) of the Commons amendment states:
  "It is the duty of a local authority to comply with any direction given to it under or by virtue of this Part".
  That is all well and good, but is it implicit that the local authorities will have the powers to comply? In my experience local authorities need express powers to do the things they want to do—otherwise they find that they are being told that they are not entitled to do them. It may he a knee-jerk reaction from someone who has

  1555
  been at the wrong end of this argument in the past but I seek to add that a local authority will be under a duty to comply with directions only if it already has the powers to do so. I beg to move.
  Moved, That Amendment No. 139A, as an amendment to Commons Amendment No. 139, be agreed to.—(Baroness Hamwee.)
  6.45 p.m.
  Earl Ferrers: My Lords, I hesitate to tell the noble Baroness that her amendment is not necessary but I feel bound to do so because the Secretary of State can only properly require a local authority to do that which is within its powers. It is therefore not necessary to have a provision to say so on the face of the Bill. Accordingly, I think that the Secretary of State would not go outside his powers.
  Baroness Hamwee: My Lords, he might, but at least we have the answer. I beg leave to withdraw the amendment.
  Amendment No. 139A, as an amendment to Commons Amendment No. 139, by leave, withdrawn.
  On Question, Motion agreed to.

  COMMONS AMENDMENT
  140 After Clause 75, insert the following clause:—
  Functions of county councils for areas for which there are district councils
  '.—(1) This section applies in any case where a district in England for which there is a district council is comprised in an area for which there is a county council; and in this paragraph—

  (a) any reference to the county council is a reference to the council of that area; and

  (b) any reference to a district council is a reference to the council of a district comprised in that area.

  (2) The county council may make recommendations to a district council with respect to the carrying out of—

  (a) any particular air quality review,

  (b) any particular assessment under section (Local authority reviews) or (Duties of local authorities in relation to designated areas) above, or

  (c) the preparation of any particular action plan or revision of an action plan,

  and the district council shall take into account any such recommendations.
  (3) Where a district council is preparing an action plan, the county council shall, within the relevant period, submit to the district council proposals for the exercise (so far as relating to the designated area) by the county council, in pursuit of the achievement of air quality standards and objectives, of any powers exercisable by the county council.
  (4) Where the county council submits proposals to a district council in pursuance of subsection (3) above, it shall also submit a statement of the time or times by or within which it proposes to implement each of the proposals.
  (5) An action plan shall include a statement of—

  (a) any proposals submitted pursuant to subsection (3) above; and

  (b) any time or times set out in the statement submitted pursuant to subsection (4) above.

  (6) If it appears to the Secretary of State—

  (a) that air quality standards or objectives are not being achieved, or are not likely within the relevant period to be achieved, within the area of a district council.

  1556

  (b) that the county council has failed to discharge any duty imposed on it under or by virtue of this Part,

  (c) that the actions, or proposed actions, of the county council in purported compliance with the provisions of this Part are inappropriate in all the circumstances of the case, or

  (d) that developments in science or technology, or material changes in circumstances, have rendered inappropriate the actions or proposed actions of the county council in pursuance of this Part.

  the Secretary of State may give directions to the county council requiring it to take such steps as may be specified in the directions.
  (7) Without prejudice to the generality of subsection (6) above, directions under that subsection may, in particular. require the county council—

  (a) to submit, in accordance with the directions, proposals pursuant to subsection (3) above or a statement pursuant to subsection (4) above;

  (b) to modify, in accordance with the directions, any proposals or statement submitted by the county council pursuant to subsection (3) or (4) above;

  (c) to submit any proposals or statement so modified to the district council in question pursuant to subsection (3) or (4) above; or

  (d) to implement, in accordance with the directions, any measures included in an action plan.

  (8) The Secretary of State shall also have power to give directions to county councils for areas for which there are district councils requiring them to take such steps specified in the directions as he considers appropriate for the implementation of—

  (a) any obligations of the United Kingdom under the Community Treaties, or

  (b) any international agreement to which the United Kingdom is for the time being a party,

  so far as relating to the quality of air.
  (9) Any direction given under this section shall he published in such manner as the Secretary of State considers appropriate for the purpose of bringing the matters to which it relates to the attention of persons likely to be affected by them; and—

  (a) copies of the direction shall be made available to the public; and

  (b) notice of the giving of the direction, and of where a copy of the direction may be obtained, shall he given in the London Gazette.

  (10) It is the duty of a county council for an area for which there are district councils to comply with any direction given to it under or by virtue of this Part.'.
  Earl Ferrers: My Lords, I beg to move that this House do agree with the Commons in their Amendment No. 140.
  Moved, That the House do agree with the Commons in their Amendment No. 140.—(Earl Ferrers.)
  On Question, Motion agreed to.

  COMMONS AMENDMENT
  141 After Clause 75, insert the following clause:—
  Regulations for the purposes of Part (Air Quality)
  '.—(1) Regulations may make provision—

  (a) for, or in connection with, implementing the strategy;

  (b) for, or in connection with, implementing—

  (i) obligations of the United Kingdom under the Community Treaties, or

  (ii) international agreements to which the United Kingdom is for the time being a party,

  1557

  so far as relating to the quality of air; or

  (c) otherwise with respect to the assessment or management of the quality of air.

  (2) Without prejudice to the generality of subsection (1) above, regulations under that subsection may make provision—

  (a) prescribing standards relating to the quality of air;

  (b) prescribing objectives for the restriction of the levels at which particular substances are present in the air;

  (c) conferring powers or imposing duties on local authorities;

  (d) for or in connection with—

  (i) authorising local authorities (whether by agreements or otherwise) to exercise any functions of a Minister of the Crown on his behalf;

  (ii) directing that functions of a Minister of the Crown shall be exercisable concurrently with local authorities; or

  (iii) transferring functions of a Minister of the Crown to local authorities;

  (e) prohibiting or restricting, or for or in connection with prohibiting or restricting,—

  (i) the carrying on of prescribed activities, or

  (ii) the access of prescribed vehicles or mobile equipment to prescribed areas,

  whether generally or in prescribed circumstances;

  (f) for or in connection with the designation of air quality management areas by orders made by local authorities in such cases or circumstances not falling within section (Local authority reviews) above as may be prescribed;

  (g) for the application, with or without modifications, of any provisions of this Part in relation to areas designated by virtue of paragraph (f) above or in relation to orders made by virtue of that paragraph;

  (h) with respect to—

  (i) air quality reviews;

  (ii) assessments under this Part;

  (iii) orders designating air quality management areas; or

  (iv) action plans;

  (j) prescribing measures which are to be adopted by local authorities (whether in action plans or otherwise) or other persons in pursuance of the achievement of air quality standards or objectives;

  (k) for or in connection with the communication to the public of information relating to quality for the time being, or likely future quality, of the air;

  (l) for or in connection with the obtaining by local authorities from any person of information which is reasonably necessary for the discharge of functions conferred or imposed on them under or by virtue of this Part;

  (m) for or in connection with the recovery by a local authority from prescribed persons in prescribed circumstances, and in such manner as may be prescribed, of costs incurred by the authority in discharging functions conferred or imposed on the authority under or by virtue of this Part;

  (n) for a person who contravenes, or fails to comply with, any prescribed provision of the regulations to be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale or such lower level on that scale as may be prescribed in relation to the offence:

  1558

  (o) for or in connection with arrangements under which a person may discharge any liability to conviction for a prescribed offence by payment of a penalty of a prescribed amount;

  (p) for or in connection with appeals against determinations or decisions made, notices given or served, or other things done under or by virtue of the regulations.

  (3) Without prejudice to the generality of paragraph (h) of subsection (2) above, the provision that may be made by virtue of that paragraph includes provision for or in connection with any of the following, that is to say—

  (a) the scope or form of a review or assessment;

  (b) the scope, content or form of an action plan;

  (c) the time at which, period within which, or manner in which a review or assessment is to be carried out or an action plan is to be prepared;

  (d) the methods to be employed—

  (i) in carrying out reviews or assessments; or

  (ii) in monitoring the effectiveness of action plans;

  (e) the factors to be taken into account in preparing action plans;

  (f) the actions which must be taken by local authorities or other persons in consequence of reviews, assessments or action plans;

  (g) requirements for consultation;

  (h) the treatment of representations or objections duly made;

  (j) the publication of, or the making available to the public of, or of copies of,—

  (i) the results, or reports of the results, of reviews or assessments; or

  (ii) orders or action plans;

  (k) requirements for—

  (i) copies of any such reports, orders or action plans, or

  (ii) prescribed information, in such form as may be prescribed, relating to reviews or assessments,

  to be sent to the Secretary of State or to the appropriate new Agency.

  (4) In determining—

  (a) any appeal against, or reference or review of, a decision of a local authority under or by virtue of regulations under this Part, or

  (b) any application transmitted from a local authority under or by virtue of any such regulations,

  the body or person making the determination shall he bound by any direction given by a Minister of the Crown or SEPA to the local authority to the same extent as the local authority.
  (5) The provisions of any regulations under this Part may include—

  (a) provision for anything that may be prescribed by the regulations to be determined under the regulations and for anything falling to be so determined to he determined by such persons, in accordance with such procedure and by reference to such matters, and to the opinion of such persons, as may be prescribed;

  (b) different provision for different cases, including different provision in relation to different persons, circumstances, areas or localities; and

  (c) such supplemental, consequential, incidental or transitional provision (including provision amending any enactment or any instrument made under any enactment) as the Secretary of State considers appropriate.

  (5A) Nothing in regulations under this Part shall authorise any person other than a constable in uniform to stop a vehicle on any road.
  (6) Before making any regulations under this Part, the Secretary of State shall consult—

  (a) the appropriate new Agency;

  (b) such bodies or persons appearing to him to be representative of the interests of local government as he may consider appropriate;

  (c) such bodies or persons appearing to him to be representative of the interests of industry as he may consider appropriate; and

  (d) such other bodies or persons as he may consider appropriate.

  (7) Any power conferred by this Part to make regulations shall be exercisable by statutory instrument; and no statutory instrument containing regulations under this Part shall be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
  (8) If, apart from this subsection, the draft of an instrument containing regulations under this Part would be treated for the purposes of the Standing Orders of either House of Parliament as a hybrid instrument, it shall proceed in that House as if it were not such an instrument.'.
  Earl Ferrers: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 141.
  Moved, That the House do agree with the Commons in their Amendment No. 141.—(Earl Ferrers.)

  AMENDMENT TO COMMONS AMENDMENT NO. 141
  141A After Clause 75, in subsection (5A), after ("constable"), insert ("or traffic warden").
  Lord Jenkin of Roding: My Lords, I beg to move Amendment No. 141A as an amendment to Commons Amendment No. 141. I recognise that we discussed this amendment at some length—or at least I did—during discussion of the previous amendment. I move it merely to ask my noble friend a question. Amendment No. 261 amends the Road Traffic Regulation Act. My noble friend referred to that as being the proper context in which to discuss a shift of duty between the police and traffic wardens. The question of what is appropriate is clearly one that would require some argument—he will recollect that he said that—but, the police having done a great deal over recent years to civilianise many of their functions, to their considerable advantage, is there a proposal to review the balance of duties between the police and traffic wardens which might encompass the possibility of traffic wardens being given the power to supplement the power of local authorities to test vehicles? If he can answer that question to my satisfaction, I shall be very happy to withdraw my amendment.
  Moved, That Amendment No. 141A, as an amendment to Commons Amendment No. 141, be agreed to.—(Lord Jenkin of Roding.)
  Earl Ferrers: My Lords, I should be delighted to answer that question to my noble friend's satisfaction but I am afraid that I am unable to do so. What I can tell him—I know this from the days when I had the advantage of being at the Home Office—is that these are matters of great importance and great sensitivity. In many respects the police are anxious not to give up their powers. Many people do not want the police to give up their powers, because they find—I referred to this earlier on—that many women's groups are worried at the
  1560
  possibility of other people stopping cars. My noble friend said that he spoke to the amendment at some length. I thought that I spoke at some length, too. I rather hoped that I had been able to answer some of the questions he put. The fact is that if one is going to give these powers to others one has to say what will happen when people do not comply with the power to stop vehicles that the traffic warden has had given to him. What will happen when someone does not allow his vehicle to be inspected and tested? Those are the kinds of difficulties that may be involved. If my noble friend asks, as he does on the spur of the moment, whether considerations about this are going on at present, I am bound to tell him that I cannot provide the answer. But I have no doubt that, in the immortal words of the government service, these matters are always under active consideration.
  Lord Jenkin of Roding: My Lords, I have used that phrase so many times myself that I know precisely what it means. I hope that this can be given active consideration. If one asked the question, "If women's organisations really want to see atmospheric pollution and traffic pollution reduced, would they be prepared to see traffic wardens having the power to stop?", I think that the Government might get a realistic answer. Having said that, I beg leave to withdraw the amendment.
  Amendment No. 141A, as an amendment to Commons Amendment No. 141, by leave, withdrawn.
  On Question, Motion agreed to.

  COMMONS AMENDMENTS
  142 After Clause 75, insert the following clause:—
  Guidance for the purposes of Part (Air Quality)
  '.—(1) The Secretary of State may issue guidance to local authorities with respect to, or in connection with, the exercise of any of the powers conferred, or the discharge of any of the duties imposed, on those authorities by or under this Part.
  (2) A local authority, in carrying out any of its functions under or by virtue of this Part, shall have regard to any guidance issued by the Secretary of State under this Part.
  (3) This section shall apply in relation to county councils for areas for which there are district councils as it applies in relation to local authorities.'.
  143 After Clause 75, insert the following clause:—
  Application of Part (Air Quality) to the Isles of Scilly
  '.—(1) Subject to the provisions of any order under this section, this Part, other than section (National air quality strategy), shall not apply in relation to the Isles of Scilly.
  (2) The Secretary of State may, after consultation with the Council of the Isles of Scilly, by order provide for the application of any provisions of this Part (other than section (National air quality strategy)) to the Isles of Scilly; and any such order may provide for the application of those provisions to those Isles with such modifications as may be specified in the order.
  (3) An order under this section may—

  (a) make different provision for different cases, including different provision in relation to different persons, circumstances or localities; and

  (b) contain such supplemental, consequential and transitional provision as the Secretary of State considers appropriate, including provision saving provision repealed by or under any enactment.

  (4) The power of the Secretary of State to make an order under this section shall be exercisable by statutory instrument; and a statutory instrument containing such an order shall be subject to annulment in pursuance of a resolution of either House of Parliament.'.
  144 After Clause 75, insert the following clause:—
  Supplemental provisions
  '. Schedule (Air quality: supplemental provisions) to this Act shall have effect.'.
  145 After Clause 75, insert the following clause:—
  Interpretation of Part (Air Quality)
  '.—(1) In this Part—

  "action plan" shall be construed in accordance with section (Duties of local authorities in relation to designated areas)(2) (b) above;

  "air quality objectives" means objectives prescribed by virtue of section (Regulations for the purposes of Part (Air Quality))(2) (b) above;

  "air quality review" means a review under section (Local authority reviews) or (Reserve powers of the Secretary of State or SEPA) above;

  "air quality standards" means standards prescribed by virtue of section (Regulations for the purposes of Part (Air Quality))(2) (a) above;

  "the appropriate new Agency" means—

  (a) in relation to England and Wales, the Agency;

  (b) in relation to Scotland, SEPA;

  "designated area" has the meaning given by section (Designation of air quality management areas)(1) above;

  "local authority", in relation to England and Wales, means—

  (a) any unitary authority,

  (b) any district council, so far as it is not a unitary authority,

  (c) the Common Council of the City of London and, as respects the Temples, the Sub-Treasurer of the Inner Temple and the Under-Treasurer of the Middle Temple respectively,

  and, in relation to Scotland, means a council for an area constituted under section 2 of the Local Government etc. (Scotland) Act 1994;

  "new Agency" means the Agency or SEPA;

  "prescribed" means prescribed, or of a description prescribed, by or under regulations;

  "regulations" means regulations made by the Secretary of State;

  "the relevant period", in the case of any provision of this Part, means such period as may be prescribed for the purposes of that provision;

  "the strategy" has the meaning given by section (National air quality strategy)(1) above;

  "unitary authority" means—

  (a) the council of a county, so far as it is the council of an area for which there are no district councils;

  (b) the council of any district comprised in an area for which there is no county council;

  (c) the council of a London borough;

  (d) the council of a county borough in Wales.

  (2) Any reference in this Part to it appearing that any air quality standards or objectives are not likely within the relevant period to be achieved includes a reference to it appearing that those standards or objectives are likely within that period not to be achieved.'.
  Earl Ferrers: My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 142 to 145 en bloc.
  Moved, That the House do agree with the Commons in their Amendments Nos. 142 to 145.—(Earl Ferrers.)
  On Question, Motion agreed to.

  COMMONS AMENDMENTS
  146 Clause 77, page 90, line 49, at end insert:
  "'recovery", in relation to products or materials, includes—

  (a) composting, or any other form of transformation by biological processes, of products or materials; or

  (b) the obtaining, by any means, of energy from products or materials;'.

  147 Clause 78. page 91, line 37. at end insert:
  '(dd) the registration of persons who are subject to a producer responsibility obligation and who are not members of registered exemption schemes, the imposition of requirements in connection with such registration, the variation of such requirements, the making of applications for such registration, the period for which any such registration is to remain in force and the cancellation of any such registration;'.
  148 Page 91, line 48, after 'any' insert 'such'.
  149 Page 92, line 4, leave out 'for registration received by it;' and insert 'received by it for registration of exemption schemes;'.
  150 Page 92, line 22, at end insert:

  '(v) on the making of an application for, or for the renewal of, registration of a person required to register under the regulations;

  (vi) in respect of the renewal of the registration of that person;'.

  151 Page 92, line 27, leave out 'in which—(i)' and insert:
  '(i) in which'.
  152 Page 92, line 37, at end insert:
  `(ss) the imposition on prescribed persons of duties to maintain records, and furnish to the Secretary of State or to the appropriate Agency returns, in such form as may be prescribed of such information as may be prescribed for any purposes of, or for any purposes connected with, or related to, sections 77 to 79 of this Act or any regulations;'.
  153 Page 92, line 41, at end insert 'or persons required to register under the regulations;'.
  The Earl of Lindsay: My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 146 to 153 en bloc.
  During our Committee stage my noble friend Lord Wade moved an amendment to clarify that the term "recovery" included energy recovery. My noble friend Lord Ullswater said then that we would consider whether such an amendment would be useful. Although we have always used the term "recovery" to include any form of value recovery, including energy recovery, we accepted the point and an amendment was moved in another place. This amendment clarifies that the term "recovery" includes energy recovery and composting.
  During Committee stage in another place an amendment was proposed to enable the regulations which will he made under this legislation to make provision for the registration of persons who are not

  1563
  members of a registered exemption scheme. There is already provision in the clauses for the registration of exemption schemes, and the suggestion was that this should be extended to those who choose to take the individual compliance route. Although it has always been the Government's intention to ensure the lightest touch possible in the producer responsibility legislation, we saw the likelihood of there being considerable benefit in some cases in individual registration. Amendments Nos. 147 to 150 and Amendment No. 153 are a series of amendments to enable individual registration which were moved in another place at Report stage.
  Amendment No. 151 merely corrects a grammatical error.
  I turn now to Amendment No. 152. In considering the producer responsibility clauses further, it became apparent that in order to construct an adequate database for a particular waste stream, including the level of re-use, recovery and recycling, we would need to collect data both from individual firms and from exemption schemes. Most obviously, data will be needed to monitor progress in meeting targets and, more immediately, in the case of packaging waste, to demonstrate to the European Commission evidence of compliance with the targets set by the EC Directive on Packaging and Packaging Waste. An amendment to allow data to be collected from individual firms and from exemption schemes was therefore promoted in another place. We shall, of course, take the necessary steps to ensure that commercial confidentiality is maintained and in setting up systems we shall also endeavour to observe the principles of deregulation and minimising burdens on business. I commend the amendments to the House.
  Moved, That the House do agree with the Commons in their Amendments Nos. 146 to 153.—(The Earl of Lindsay.)
  On Question, Motion agreed to.

  COMMONS AMENDMENT
  154 After Clause 79, insert the following clause:—
  'Mineral planning permissions
  Mineral planning permissions
  .—(1) Schedules (Review of old mineral planning permissions) and (Periodic review of mineral planning permissions) to this Act shall have effect.
  (2) This section, those Schedules as they apply to England and Wales, and the 1990 Act shall have effect as if this section and those Schedules (as so applying) were included in Part III of that Act.
  (3) This section, those Schedules as they apply to Scotland, and the 1972 Act shall have effect as if this section and those Schedules (as so applying) were included in Part III of that Act.
  (4) Section 105 of the 1990 Act and section 25IA of the 1972 Act shall cease to have effect.
  (5) Without prejudice to the generality of sections 59 to 61 of the 1990 Act or. as the case may be, section 21 of the 1972 Act. a development order may make, in relation to any planning permission which is granted by a development order for minerals development, provision similar to any provision made by Schedule (Review of old mineral planning permissions) or (Periodic review of mineral planning permissions) to this Act.
  (6) In this section and those Schedules—
  "the 1972 Act" means the Town and Country Planning (Scotland) Act 1972;
  "the 1990 Act" means the Town and Country Planning Act 1990;
  "the 1991 Act" means the Planning and Compensation Act 1991; and
  "minerals development" means development consisting of the winning and working of minerals. or involving the depositing of mineral waste.'.
  Earl Ferrers: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 154. In speaking to this amendment, I should like to speak also to Amendments Nos. 221, 222, 242, 264, 319 and 324.
  During Report stage, my noble friends Lord Addison and Lord Campbell of Croy moved various amendments to provide for the reform of old mineral permissions. My noble friend Lord Ullswater undertook that the Government would bring forward their own amendments in another place.
  Since our debate, my noble friend Lord Ullswater has had helpful discussions with my noble friend Lord Addision and with representatives of the industry and local authorities. The new clause inserted by Amendment No. 154 and the two new schedules set out in Amendments Nos. 221 and 222 give effect to the policy proposals which my noble friend outlined at Report stage.
  With regard to the updating of old mineral sites, the first new schedule, which is set out in Amendment No. 221, provides for an initial review and updating of mineral sites where the predominant planning permission for the winning and working of minerals or the depositing of mineral waste was granted before 22nd February 1982.
  The schedule makes a distinction between active and dormant sites. Work cannot restart on dormant sites—that is, sites where no mineral working or depositing of mineral waste has taken place to any substantial extent between 22nd February 1982 and 6th June 1995—until a new scheme of full modern operating and restoration conditions has been approved by the planning authority. That is an important proposal. It will ensure that sites where working has not taken place for some years cannot be reactivated without warning on outdated terms and conditions.
  For active sites landowners of relevant minerals must submit new schemes of operating and restoration conditions for the planning authority's approval by a date specified by the authority. If no scheme is submitted, the planning permissions will cease to have any effect. That will get active sites up to standard.
  To spread the workload, reviews of active sites will take place in two consecutive phases, each of three years. Phase I will deal with sites where the predominant permission, or permissions, was granted before 31st March 1969, or 7th December 1969 in Scotland. Phase II will deal with sites where the predominant permission was granted after that date hut before 22nd February 1982. Sites wholly or partly within national parks, sites

  1565
  of special scientific interest, areas of outstanding natural beauty, (and national scenic areas and natural heritage areas in Scotland), will all be treated as Phase I sites.
  Where my noble friend Lord Ullswater outlined these proposals at Report stage, he indicated that he intended that they should broadly follow the approach we adopted for the review and updating of interim development orders or such permissions introduced in the Planning and Compensation Act 1991. However, he made it clear that he would give consideration to the possibility of incorporating in statute the principles of the statement made by my right honourable friend Sir George Young when he was a Minister at the Department of the Environment before he was catapulted into new spheres. That we have done.
  There will be no compensation for the cost of complying with conditions imposed on dormant sites. For active sites there will be no compensation for new restoration and aftercare conditions, nor for conditions which do not restrict working rights. For conditions which do restrict working rights, compensation will be payable only if, in the opinion of the planning authority, the effect of the restriction would be such as to prejudice to an unreasonable degree either the economic viability of the operation or the asset value of the site.
  These amendments will ensure that in a relatively short period old mineral permissions will be brought up to acceptable standards and that dormant sites cannot be reactivated without warning or proper conditions.
  Having got the older permissions up to standard, we need to ensure that all mineral permissions keep pace with changing standards in the future. The second new schedule, which is set out in Amendment No. 222, therefore provides for the periodic review of all mining sites with planning permission for the winning and working of minerals or the depositing of mineral waste.
  Your Lordships will be glad to know that the remaining amendments in this group are technical and consequential. I commend them to the House.
  Moved, That the House do agree with the Commons in their Amendment No. 154.—(Earl Ferrers.)
  Lord Campbell of Croy: My Lords, as my noble friend said, I raised this subject in Committee and moved an amendment at Report stage, concentrating particularly on old mineral permissions relating to ironstone. My noble friend Lord Ullswater gave an undertaking then and I am grateful to the Government for having introduced these amendments in the other place in accordance with that undertaking. We now have a whole new clause and two schedules on a subject which was not originally in the Bill.
  Although I am grateful for that, I should like to raise two points relating to ironstone. Ironstone is different from other mineral workings. I shall not repeat my previous speeches, but ironstone has not been needed since 1979, although permissions for its mining continue to run for many years still and limestone is being worked at the sites instead. That was not the purpose for which the permissions were originally intended. They were granted after World War II by central government. It was not left to local government. Ironstone was then
  1566
  vital for our steel industry. All transport was to be by rail. Now all the limestone is conveyed by large and heavy lorries and there is damage and disturbance to the rural communities in the districts concerned. Access and transport conditions need to be considered and, where necessary, regulated in the new system.
  My first inquiry: can we be certain that the guidance which is foreseen in the Bill and which is due to be issued will include transport and access when the Bill has been enacted? Will it cover active as well as dormant sites? Will it arrange for access and transport conditions to be regulated in the present circumstances, which are different from those of 40 years ago?
  My second point is that many ironstone permissions for individual sites are large. Some of them are over 1,000 acres for a single permission. But in those areas only a small part is being worked. In some cases they are physically separated from the larger, dormant parts. It seems that the amendments, as drafted, require the whole area to be treated as active, because originally all the areas were in a single permission. Is there a way in which those large areas can now be divided into small, active sites and large, dormant ones? That would make sense under present conditions and would give mineral planning authorities better control.
  7 p.m.
  Baroness Nicol: My Lords, I understand that the Government define sites as dormant if they were dormant on 6th June, which is when the amendments were published in the other place, but the noble Viscount, Lord Ullswater, announced the arrival of the amendments back in March. I understand that during that intervening period a number of operators have started up work on what were previously dormant sites in order to be able to claim compensation. Is the Minister aware of that? Can he give us any idea of whether the practice is widespread, and whether, if it is, there is any way that it can be proved that the sites are dormant and not therefore subject to compensation?
  Viscount Addison: My Lords, perhaps I may say, first, how much I value the efforts of my noble friend Lord Ullswater in securing the government amendments tabled in the other place to tackle the environmental problems created by old mineral planning permissions.
  I have just two outstanding concerns. The first is on the compensation. It appears at subsection (3) (b) half-way down page 77 of the Marshalled List. Will my noble friend explain what constitutes "prejudice adversely" and "unreasonable degree" with regard to the economic viability of the operational site? I hope that we can have some clarification on that point.
  The second point, relating to dormant sites, has already been mentioned. The Government have defined sites as dormant if they were dormant on 6th June, so I do not need to repeat what has been said. That causes concern. We have found that work has been restarted within the three months between my noble friend's announcement and 6th June. It is important that we get the wording right to ensure that people do not receive compensation if that is the case. One example relates to a major, long dormant limestone quarry in a prominent

  1567
  location within the Peak District National Park where work has recently recommenced for no other discernible reason. It is therefore crucial that we secure clarification on the definition of dormancy.
  The government amendments provide that a site will be considered active only if it has been worked to a substantial degree. There is no explanation of what that constitutes. The draft guidance issued on the provisions does not provide sufficient explanation. That definition will be crucial in determining whether a site which has had only a few wheelbarrow loads removed is active or not. We hope therefore that the final guidance will provide a full explanation of what constitutes:
  "working to a substantial degree".
  Lord Glenarthur: My Lords, I welcome the amendments—as I do my noble friend to his new department. Also, I thank my noble friend Lord Ullswater for the time that he and his department have taken in listening to the views of the aggregates industry and for the courtesy which he always showed to those concerned. I must of course again declare an interest as an employee of Hanson, which owns ARC, which is a fairly prominent member of the aggregates industry, although I am not aware of any cases in which it might have been guilty of any activity described by the noble Baroness, Lady Nicol.
  The industry recognises that the issue of old planning permissions is an emotive one. I recognise the difficulty in striking a balance between the environmental pressures which were described by my noble friend Lord Addison, on the one hand, and the industry's desire for fair treatment on the other. Although the industry did not achieve all that it wanted, the result embodied in this series of complex amendments is a fair one which will prove its worth in the future.
  As my noble friend described, the main change, and the one about which I spoke mostly at an earlier stage of the Bill, relates to compensation. It is right that compensation should be reflected in the way that it now is, and, should conditions be imposed which would seriously affect the asset value of a site, that compensation should be enshrined in statute, as it now is. That is a great step forward from the original IDO legislation which left the industry with no greater protection except through a statement of intent, as my noble friend the Minister described it, made by a Minister in another place.
  Important though the amendment is, it should not be regarded as any great concession to the industry. The new clause does not give the industry a new right to compensation. It does not even enhance the right already held. In fact it marks a significant reduction in the compensation regime to which it was previously entitled. Nevertheless, the position is now clarified and protected. I am grateful to all those in the department for the effort which has been put into finding a solution.
  It is important in this case, as well as in many others, to find a balance. That balance has been found. Those who take a different point of view should understand that there are difficulties in trying to strike that balance. While people may have legitimate objections to the activities of an industry—mineral working can have a
  1568
  significant effect on the landscape and on people's lives—the industry itself is aware of all that, and it does whatever it can to ensure that it lives up to its responsibilities.
  We must always bear in mind that the industry is a crucial element in the economy. Again. I thank my noble friend for all that he and my noble friend Lord Ullswater were able to do. The industry will of course maintain its vigilance as the legislation develops and will be consulted on the mineral planning guidance which will go with it. I am extremely grateful for and welcome the amendments.
  Earl Ferrers: My Lords, I am grateful to my noble friend Lord Glenarthur for the gratitude he expressed, which goes not to me but to my noble friend Lord Ullswater and many others, including possibly the noble Lord, Lord Williams of Elvel, who is smiling away. I am grateful to my noble friend because a great deal of work has been done on the minerals front which is always a technical subject. It is not always easy to understand it, and nor is it an easy matter on which to legislate.
  My noble friend Lord Campbell of Croy referred to the ironstone permissions. As my noble friend Lord Ullswater made clear on Report, the Government believe that it is wrong in principle to revoke consents without compensation. That does not mean that the existing position will be allowed to remain as it is. We shall issue guidance to deal with both active and dormant sites. I hope that that will cover the points referred to by my noble friend Lord Addison. We would expect the industry to bring forward schemes which deal satisfactorily with the questions of access and transport and, where appropriate, the provision of buffer zones between workings and residential property. My noble friend asked whether large areas will be divided into small active sites and large dormant sites. If I may, I must take advice on that matter and write to him.
  The noble Baroness, Lady Nicol, referred to sites which have started operating, as did my noble friend Lord Addison. It is regrettable that that has happened and where it has happened. Fortunately, I do not believe that the practice is widespread. I hope that operators will see it as their duty to bring forward full modern planning conditions. Sites cannot start working until those have been approved. My noble friend Lord Addison wanted us to define "prejudice" and "unreasonable degree". That will be covered in the guidance and we will do our best to flesh it out. In the end, common sense is required by all parties.
  I hope that with that explanation your Lordships will agree with the Commons amendment.
  On Question, Motion agreed to.
  Lord Lucas: My Lords, I beg to move that further consideration of Commons amendments be adjourned. In doing so, I suggest that consideration be resumed not earlier than quarter past eight.
  Moved accordingly, and, on Question, Motion agreed to.

Crown Agents Bill [H.L.]
7.12 p.m.
Baroness Chalker of Wallasey: My Lords, I beg to move that the Commons amendments be now considered.
Moved, That the Commons amendments be now considered.—(Baroness Chalker of Wallasey.)
On Question, Motion agreed to.

Crown Agents Bill [H.L.]

  COMMONS AMENDMENT
  [Page and line refers to Bill 118 as first printed by the Commons.]
  1 Clause 7, page 4, line 13, at end insert:
  `(2) The existence or exercise of the powers of the Secretary of State under section 1 shall not be regarded as constituting or creating arrangements within the meaning of section 410 of the Income and Corporation Taxes Act 1988 (arrangements for the transfer of a company to another group or consortium) or as constituting or creating option arrangements for the purposes of paragraph 5B of Schedule 18 to that Act.
  (3) Any debt assumed under section 2 shall be treated for the purposes of the Corporation Tax Acts as if it had been assumed—

  (a) wholly in consideration of a loan made to the Crown Agents of an amount equal to the principal sum payable under the debt, and

  (b) wholly and exclusively for the purposes of the trade carried on by them.

  If the terms of any such debt include provision for the payment of a sum expressed as interest in respect of a period which falls wholly or partly before the debt was assumed, any payment made in pursuance of that provision in respect of that period shall be treated for the purposes of the Corporation Tax Acts as if the debt had been assumed at the commencement of that period and, accordingly, as interest on the principal sum payable under the debt.
  (4) Any security (other than a share) issued by the successor company in pursuance of section 3 shall be treated for the purposes of the Corporation Tax Acts as if it had been issued—

  (a) wholly in consideration of a loan made to the company of an amount equal to the principal sum payable under the security, and

  (b) wholly and exclusively for the purposes of the trade carried on by that company.

  If the terms of any such security include provision for the payment of a sum expressed as interest in respect of a period which falls wholly or partly before the security was issued, any payment made in pursuance of that provision in respect of that period shall be treated for the purposes of the Corporation Tax Acts as if the security had been issued at the commencement of that period and, accordingly, as interest on the principal sum payable under the security.
  (5) Any share issued by the successor company in pursuance of section 3 shall be treated for the purposes of the Corporation Tax Acts as if it had been issued wholly in consideration of a subscription paid to the company of an amount equal to the nominal value of the share.'.
  Baroness Chalker of Wallasey: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 1.
  Moved, That the House do agree with the Commons in their Amendment No. 1.—(Baroness Chalker of Wallasey.)
  On Question, Motion agreed to.

  COMMONS AMENDMENT
  2 Clause 15, page 8, line 3, leave out subsection (3).
  Baroness Chalker of Wallasey: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 2.
  Moved, That the House do agree with the Commons in their Amendment No. 2.—(Baroness Chalker of Wallasey.)
  On Question, Motion agreed to.
  Lord Lucas: My Lords, I beg to move that the House do now adjourn during pleasure until 8.15 p.m.
  Moved accordingly, and, on Question, Motion agreed to.
  [The Sitting was suspended from 7.13 to 8.15 p.m.]

Environment Bill [H.L.]
8.15 p.m.
Consideration of Commons amendments resumed.

Environment Bill [H.L.]

  COMMONS AMENDMENTS
  155 Clause 80, page 95, line 16, at end insert:
  `(2A) For the purpose of facilitating the protection of important hedgerows, regulations under subsection (I) above may also make provision in relation to other hedgerows in England or Wales.
  (2B) Without prejudice to the generality of subsections (1) to (2A) above, regulations under subsection (I) above may provide for the application (with or without modifications) of, or include provision comparable to. any provision contained in the planning Acts and may, in particular, make provision—

  (a)prohibiting, or for prohibiting, the removal of, or the carrying out of prescribed acts in relation to, a hedgerow except in prescribed cases;

  (b) for or with respect to appeals against determinations or decisions made, or notices given or served, under or by virtue of the regulations, including provision authorising or requiring any body or person to whom an appeal lies to consult prescribed persons with respect to the appeal in prescribed cases;

  (c) for a person who contravenes, or fails to comply with, any prescribed provision of the regulations to be guilty of an offence;

  (d) for a person guilty of an offence by virtue of paragraph (c) above which consists of the removal, in contravention of the regulations, of a hedgerow of a description prescribed for the purposes of this paragraph to be liable—

  (i) on summary conviction, to a fine not exceeding the statutory maximum, or

  (ii) on conviction on indictment, to a fine;

  (e) for a person guilty of any other offence by virtue of paragraph (c) above to be liable on summary conviction to a fine not exceeding such level on the standard scale as may be prescribed.

  (2C) Regulations under this section may make different provision for different cases, including different provision in relation to different descriptions of hedgerow, different descriptions of person, different areas or localities or different circumstances.'.
  156 Page 95, line 43. at end insert:
  "hedgerow" includes any stretch of hedgerow;'.
  157 Page 96, line 1, at end insert:

  1571
  "the planning Acts" has the same meaning as it has in the Town and Country Planning Act 1990 by virtue of section 336(1) of that Act;'.
  158 Page 96, line 2, leave out second 'prescribed' and insert `specified, or of a description specified,'.
  159 Page 96, line 3, at end insert:
  "'remove", in relation to a hedgerow, means uproot or otherwise destroy, and cognate expressions shall be construed accordingly;'.
  160 Page 96, line 5, at end insert:
  `(6)Any reference in this section to removing, or carrying out an act in relation to, a hedgerow includes a reference to causing or permitting another to remove, or (as the case may be) carry out an act in relation to, a hedgerow.'.
  Earl Ferrers: My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 155 to 160 en bloc. These amendments respond to anxieties expressed by your Lordships that the present provisions in Clause 80 are too broadly stated. They honour an assurance given by my noble friend Lord Ullswater that he would give further consideration to incorporating an appeals mechanism in the regulations on the face of the Bill.
  Moved, That the House do agree with the Commons in their Amendments Nos. 155 to 160 en bloc.-(Earl Ferrers.)
  Baroness Nicol: My Lords, I wanted simply to welcome the amendments and to ask one question. During the passage of the Bill in this House we had a great deal of discussion about what constitutes an "important hedgerow". Has any progress been made in that regard? Are the Government any nearer a definition of what constitutes an important hedgerow? That information would be helpful to some of us.
  Lord Stanley of Alderley: My Lords, it goes without saying that I am concerned that yet another bureaucratic regulation is being imposed on farmers because they must notify a local authority if they wish to remove one of their hedgerows. In line with the remarks made by the noble Baroness, I should like to know what is a hedgerow and whether that will be spelt out clearly in the regulations.
  Moreover and perhaps more important, if a farmer goes to a local authority to say that he wishes to remove a hedgerow, will the Minister ensure that there is a time limit in the regulations which provides that an answer is given within 28 days and that if he is not given an answer within that time limit, the permission will be granted automatically.
  Earl Ferrers: My Lords, I am grateful for the welcome which the noble Baroness has given to the amendments. The noble Baroness wants to know, as does my noble friend, what is meant by an "important hedgerow". I can understand the anxieties expressed by my noble friend because it is important that there is not too much bureaucracy in relation to the countryside or anything else. However, there are occasions when it is necessary to try to protect important hedgerows. Research is in hand to investigate what should properly he regarded as important hedgerows and to establish a system for assessing their quality.
  1572
  We have made clear our intention to focus protection on those hedgerows which are of particular historic interest or which make a particularly valuable contribution to the wildlife or landscape of an area. The kind of hedgerows which we have in mind are those which are long-standing and which form part of the natural countryside. If my noble friend planted a hedge 10 years ago, I do not believe that he would be refused permission to remove it because we place particular importance on those hedgerows which have been in place for a long time. My noble friend asked whether we could have a time limit of 28 days. That is rather like the noble Baroness, Lady Nicol, asking earlier what "reasonable" meant. Now my noble friend tries to put me on the spot in asking for 28 days. This is a matter which is part of the regulations. We shall settle what is the appropriate time after we have had wide-ranging public consultations.
  On Question, Motion agreed to.

  COMMONS AMENDMENTS
  161 Clause 82, page 97. line 37, at end insert:
  (h)the Moorland (Livestock Extensification) Regulations 1995.'.
  162 Page 105, line 2, leave out 'provision in relation' and insert 'amendments relating'.
  Earl Ferrers: My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 161 and 162. They have both been spoken to earlier. They are technical amendments.
  Moved, That the House do agree with the Commons in their Amendments Nos. 161 and 162.—(Earl Ferrers.)
  On Question, Motion agreed to.

  COMMONS AMENDMENTS
  163 Clause 91, page 105, line 20, at end insert:
  '(1A) A person who appears suitable to the Agency or SEPA may be authorised in writing by the Agency or, as the case may be, SEPA to exercise, in accordance with the terms of the authorisation, any of the powers specified in subsection (2) below for the purpose of enabling the Agency or, as the case may be, SEPA to carry out any assessment or prepare any report which the Agency or, as the case may be, SEPA is required to carry out or prepare under section 5(3) or 31(3) above.
  (1B) Subsection (IA) above only applies where the Minister who required the assessment to be carried out, or the report to be prepared, has, whether at the time of making the requirement or at any later time, notified the Agency or, as the case may be, SEPA that the assessment or report appears to him to relate to an incident or possible incident involving or having the potential to involve—

  (a)serious pollution of the environment,

  (b)serious harm to human health, or

  (c)danger to life or health.'.

  164 Page 105, line 22, after '(1)' insert 'or (1A)'.
  165 Page 106, line 44, after 'for' insert '(i)'.
  166 Page 106, line 45, after 'above' insert 'or
  (ii) any such purpose as is mentioned in subsection (1A) above.'.
  167 Page 107. line 28. leave out 'and' and insert 'to'.
  168 Page 108. line 19, alter '111' insert 'or (1 A)'.
  Earl Ferrers: My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 163 to 168. At the same time I shall speak to Amendments Nos. 170, 306 and 331 on the same subject of powers of entry.
  During Committee my noble friend Lord Crickhowell moved an amendment to enable the new agencies to exercise their powers of entry in respect of their functions under this Bill. Very few of the agencies' functions are in fact conferred or imposed by this Bill, rather than by existing legislation. The Government were therefore not persuaded at that time by my noble friend's arguments.
  Following the grounding of the MV "Braer" off the coast of Shetland in January 1993, my right honourable friend the Secretary of State for Scotland set up an ecological steering group on the oil spill in the Shetlands. One of the problems identified by that group was that of access to private land in order to carry out environmental assessments following that incident. The agencies have duties under Clauses 5(3) and 31(3) of the Bill to make assessments of the environment and of environmental pollution, and to prepare reports for Ministers.
  Amendments Nos. 163 to 168 will enable them to exercise their powers of entry when carrying out those specific duties. The powers of entry provided by these amendments will be available only in connection with a serious pollution incident of the sort which I have described, and not for assessments of a more routine nature. The other amendments are technical.
  Moved, That the House do agree with the Commons in their Amendments Nos. 163 to 168.—(Earl Ferrers.)
  On Question, Motion agreed to.

  COMMONS AMENDMENTS
  169 Page 108, line 40, at end insert:
  `(c) a local authority for the purposes of Part (Air Quality) of this Act or regulations under that Part;'.
  170 Page 108, line 47, after 'conferred' insert `or imposed'.
  171 Page 109, line 13, leave out 'section 161' and insert 'sections 161 to 161C'.
  172 Page 109, line 21, leave out 'such authorities' and insert 'or transferred to, that authority'.
  173 Page 109, line 23, leave out second Part'.
  174 Page 109, line 24, leave out `or' and insert:
  `(aa) by or under regulations made by virtue of Part (Air Quality) of this Act; or'.
  Earl Ferrers: My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 169 to 174.
  Moved, That the House do agree with the Commons in their Amendments Nos. 169 to 174.—(Earl Ferrers.)
  On Question, Motion agreed to.

  COMMONS AMENDMENT
  175 After Clause 95. insert the following clause:—
  Disclosure of information
  '.—(1) Notwithstanding any prohibition or restriction imposed by or under any enactment or rule of law, information of any description may be disclosed—
  1574

  (a)by a new Agency to a Minister of the Crown, the other new Agency or a local enforcing authority,

  (b) by a Minister of the Crown to a new Agency, another Minister of the Crown or a local enforcing authority, or

  (c) by a local enforcing authority to a Minister of the Crown, a new Agency or another local enforcing authority,

  for the purpose of facilitating the carrying out by either of the new Agencies of any of its functions, by any such Minister of any of his environmental functions or by any local enforcing authority of any of its relevant functions; and no person shall be subject to any civil or criminal liability in consequence of any disclosure made by virtue of this subsection.
  (2) Nothing in this section shall authorise the disclosure to a local enforcing authority by a new Agency or another local enforcing authority of information

  (a)disclosure of which would, in the opinion of a Minister of the Crown, be contrary to the interests of national security; or

  (b) which was obtained under or by virtue of the Statistics of Trade Act 1947 and which was disclosed to a new Agency or any of its officers by the Secretary of State.

  (3)No information disclosed to any person under or by virtue of this section shall be disclosed by that person to any other person otherwise than in accordance with the provisions of this section, or any provision of any other enactment which authorises or requires the disclosure, if that information is information—

  (a)which relates to a trade secret of any person or which otherwise is or might be commercially confidential in relation to any person; or

  (b)whose disclosure otherwise than under or by virtue of this section would, in the opinion of a Minister of the Crown, be contrary to the interests of national security.

  (4)Any authorisation by or under this section of the disclosure of information by or to any person shall also be taken to authorise the disclosure of that information by or, as the case may be, to any officer of his who is authorised by him to make the disclosure or, as the case may be, to receive the information.
  (5) In this section—
  "new Agency" means the Agency or SEPA:
  "the environment" has the same meaning as in Part I of the Environmental Protection Act 1990;
  "environmental functions", in relation to a Minister of the Crown, means any function of that Minister, whether conferred or imposed under or by virtue of any enactment or otherwise, relating to the environment; and
  "local enforcing authority" means—

  (a)any local authority within the meaning of Part IIA of the Environmental Protection Act 1990, and the "relevant functions" of such an authority arc its functions under or by virtue of that Part;

  (b) any local authority within the meaning of Part (Air Quality) of this Act, and the "relevant functions" of such an authority arc its functions under or by virtue of that Part;

  (c)in relation to England, any county council for an area for which there are district councils, and the "relevant functions" of such a county council are its functions under or by virtue of Part (Air Quality) of this Act; or

  (d)in relation to England and Wales, any local enforcing authority within the meaning of section 1(7) of the Environmental Protection Act

  1575
  1990, and the "relevant functions" of such an authority are its functions under or by virtue of Part I of that Act.'.

  Earl Ferrers: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 175. This amendment has been spoken to before.
  Moved, That the House do agree with the Commons in their Amendment No. 175.—(Earl Ferrers.)
  On Question, Motion agreed to.
  [Amendments Nos. 175A and 175B not moved.]

  COMMONS AMENDMENT
  176 Clause 96, page 112, line 13, leave out 'nominate' and insert 'appoint'.
  Earl Ferrers:My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 176. At the same time I shall speak to Amendments Nos. 180 and 234. Amendments Nos. 180 and 234 clarify the provisions in the current Clause 96. In doing so, the material has been substantially re-ordered, hence the rather lengthy appearance on the list of amendments.
  Moved, That the House do agree with the Commons in their Amendment No. 176.—(Earl Ferrers.)
  On Question, Motion agreed to.

  COMMONS AMENDMENTS
  177 Page 112, line 18, after '42B(5)' insert ', 46B'.
  178 Page 112, line 22, leave out 'or 78G' and insert 78G or 78LB'.
  179 Page 112, line 26, after '96' insert '161B'.
  180 Page 112, line 43, leave out from beginning to end of line 34 on page 114 and insert:
  '() Schedule (Delegation of appellate functions of the Secretary of State) to this Act shall have effect with respect to appointments under subsection (1) (a) above.'.
  181 Clause 99, page 115, line 17, leave out 'section 73' and insert 'sections 73, (National air quality strategy) and (Application of Part (Air Quality) to the Isles of Scilly)'.
  182 Page 115, line 18, after 'section' insert 'or section (Application of Part (Air Quality) to the Isles of Scilly)'.
  183 Page 115, line 25, after 'functions' insert '(other than functions under or by virtue of Part 111 or (Air Quality) of this Act)'.
  184 Page 115, line 29, after 'III' insert 'or (Air Quality)'.
  Earl Ferrers: My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 177 to 184.
  Moved, That the House do agree with the Commons in their Amendments Nos. 177 to 184.—(Earl Ferrers.)
  On Question, Motion agreed to.

  COMMONS AMENDMENT
  185 Clause 102, page 119, line 1, leave out 'not mentioned in that Schedule but'.
  Earl Ferrers: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 185. I shall also speak to Amendment No. 189. These two amendments ensure that when the Bill is brought into
  1576
  force, any consequential amendments to this or other legislation can be dealt with, and all necessary transitional and savings provisions can be made. Amendment No. 189 also allows provision to be made in Northern Ireland for countryside grants.
  Moved, That the House do agree with the Commons in their Amendment No. I 85.—(Earl Ferrers.)
  Lord Williams of Elvel: My Lords, these are important amendments. I understand from what the noble Earl has said that the Government are trying to take powers to amend previous legislation and orders. These are regarded as consequential powers. I do not think that we should let these matters proceed without further explanation from the noble Earl as to why the Government wish to take the powers and what parliamentary approval will be available for the powers which the Government may wish to exercise.
  Earl Ferrers: My Lords, as the noble Lord has said, it is perfectly true that these are important amendments. Perhaps I can try to put him out of his misery and to tell him a little more as to what they are about. I gather from the noble Lord that he is not miserable, so that makes the two of us. Amendment No. 185 widens the power in Clause 102 to make minor consequential amendments by regulations. It provides that the amendments which can be made to other enactments are not limited to those which are not mentioned in Schedule 18. This will ensure that any missed consequentials which are noted after the Bill has been brought into force can be corrected by regulation.
  Amendment No. 189 inserts two new subsections into Clause 107 of the Bill. The first subsection extends the power for an appointed day order to make transitional provisions and savings in connection with the bringing into force of any of the provisions in the Bill. The second subsection will allow provisions corresponding to Clause 81 of the Bill to be made in Northern Ireland.
  The negative resolution procedure is being provided on this occasion because the substance of the amendment has already been debated in this House and in another place. We are seeking to use scarce parliamentary time efficiently and effectively by providing for the Order in Council making provision in Northern Ireland to be subject to negative resolution, and so avoid going over ground which has already been the subject of debate in the House.
  Lord Williams of Elvel: My Lords, before the noble Earl sits down, will he enlarge on that? Has the Delegated Powers Scrutiny Committee of this House had a look at this particular provision? So far as I am aware, there is no mechanism for it to do so. I believe that this is a matter that should be brought to that Committee because it allows, as a Commons amendment, which your Lordships are now being asked to accept, amendment by order of primary legislation. Is not that something that we have discussed in this House on many, many occasions? Is it not something that we ought to take more seriously than I think the noble Earl does at the moment? Should we not just note on the record that the Delegated Powers Scrutiny Committee ought also to look at Commons amendments

  1577
  when they come before your Lordships when they seek to amend primary legislation by order? That, after all, is the point of the Delegated Powers Scrutiny Committee.
  8.30 p.m.
  Earl Ferrers: My Lords, I can understand the noble Lord, Lord Williams of Elvel, wanting to know whether the Delegated Powers Scrutiny Committee has looked at this. What the Delegated Powers Scrutiny Committee does is to look at all Bills which are proposed to go before Parliament to see what delegated powers are being given by virtue of the Bills. However, what it cannot do is to look at amendments which have been made in another place before they come before your Lordships. That has not been done up to now and one of the reasons for that is simply because the timescale does not provide for it. That has not been part of the practice.
  Lord Williams of Elvel: My Lords, I am grateful to the noble Earl. I think we would both agree that, if the Delegated Powers Scrutiny Committee has power given by this House to look at Bills coming before this House which give powers to Secretaries of State to amend primary legislation by regulation, it ought also to be able to look at Commons amendments. After all, that is the privilege of this House; to look at Commons amendments or indeed look at Bills in any form. I will leave it there on the record in the hope that those who may be attending to our proceedings can report them to the appropriate authorities. The Delegated Powers Scrutiny Committee, and the House, ought to be advised that it should have the right to look at Commons amendments and not just at the Bill when it first comes to us.
  Lord Beaumont of Whitley: My Lords, I think that we on these Benches would like to associate ourselves with those remarks and I hope that the matter will be looked at.
  On Question, Motion agreed to.

  COMMONS AMENDMENTS
  186 Clause 103, page 120, line 15, at end insert:
  '() The power to make an order under subsection (1) above shall be without prejudice to any power conferred by any other provision of this Act.'.
  187 Clause 107, page 122, line 28, after '74' insert paragraph 6(2) of Schedule 7'.
  188 Page 122, line 32, leave out from first 'section' to '(which' in line 33 and insert section (Validation of certain grants paid to local authorities in respect of expenditure relating to National Parks) above and paragraphs 62(8) (a) and 116 of Schedule 18 to this Act'.
  189 Page 122, line 43, at end insert:
  '() The power conferred by subsection (4) above includes power to modify any enactment contained in this or any other Act.
  () An Order in Council under paragraph 1(1) (b) of Schedule I to the Northern Ireland Act 1974 (legislation for Northern Ireland in the interim period) which states that it is made only for purposes corresponding to those of section 81 of this Act—
  1578

  (a)shall not be subject to paragraph 1(4) and (5) of that Schedule (affirmative resolution of both Houses of Parliament); but

  (b) shall be subject to annulment in pursuance of a resolution of either House of Parliament.'.

  Earl Ferrers: My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 186 to 189. They have been spoken to before.
  Moved, That the House do agree with the Commons in their Amendments Nos. 186 to 189.—(Earl Ferrers.)
  On Question, Motion agreed to.

  COMMONS AMENDMENT
  190 Clause 107, page 123, line 13, leave out subsection (9).
  Earl Ferrers: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 190. This deletes the privilege amendment which was inserted by your Lordships to ensure that the financial privilege of the House of Commons is not infringed.
  Moved, That the House do agree with the Commons in their Amendment No. 190.—(Earl Ferrers.)
  On Question, Motion agreed to.

  COMMONS AMENDMENTS
  191 Schedule 1, page 124, line 46, leave out sub-paragraph (4).
  192 Page 125, line 24, leave out 'Water Resources Act 1991' and insert '1991 Act'.
  193 Page 125, line 28, leave out 'Water Resources Act 1991' and insert '1991 Act'.
  194 Schedule 3, page 136, line 4, leave out with the consent of the Treasury,'.
  E19
  195 Page 136, line 8, leave out with the consent of the Treasury,'.
  196 Schedule 5, page 142, line 33, leave out 'with the consent of the Treasury'.
  197 Page 142, line 42, leave out 'with the consent of the Treasury'.
  198 Page 142, line 45, leave out 'with the consent of the Treasury'.
  199 Schedule 6, page 146, line 43, leave out with the approval of the Treasury,'.
  200 Page 146, line 47, leave out ', with the approval of the Treasury,'.
  201 Page 147, line 35, leave out ', with the consent of the Treasury,' .
  202 Page 149, line 22, leave out paragraph 19.
  Earl Ferrers: My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 191 to 202. They have been spoken to before.
  Moved, That the House do agree with the Commons in their Amendments Nos.191 to 202.—(Earl Ferrers.)
  On Question, Motion agreed to.

  COMMONS AMENDMENT
  203 Schedule 7, page 149, line 44, at end insert:
  '(2A) In the case of a National Park authority for a National Park in England, such number as may be specified in the relevant order of the number of members of the authority to be appointed by the Secretary of State shall be parish members.'.
  Earl Ferrers: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 203. I propose also that Amendments Nos. 204 to 209 be considered en bloc.
  Moved, That the House do agree with the Commons in their Amendment No. 203.—(Earl Ferrers.)

  AMENDMENT TO COMMONS AMENDMENT NO. 203
  203A That this House do disagree to Commons Amendment No. 203 but propose the following amendment in lieu thereof:
  Schedule 7, page 149, line 44, at end insert:
  ("to represent the national interest in the statutory purposes of National Parks.").
  Lord Norrie: My Lords, I disagree with Commons Amendments Nos. 203 to 209 and I believe that my Amendment No. 203A in lieu would be totally consistent with the Edwards Report and ensure that the Secretary of State appoints members to the national parks authorities in order to represent the national interest. I think the Government got it right the first time, as the Bill closely reflected the report's recommendations. The authorities which run national parks must reflect the broad range of interests in the parks themselves. The Edwards Report recommended that the membership of the park authorities should be split three ways. One-third should represent national interests, one-third the park in its regional context, and one-third local interests. The beauty of this formula is that it achieves a balance.
  Local interests are extremely important and I fully appreciate that. In the words of the Government, they are "living and working landscapes", and the people who live in the parks should, quite rightly, have an important say in how they will be run. The Edwards structure also reflects the fact that the parks are of national significance in both environmental terms and for the opportunities that they afford for outdoor recreation. They are national assets, part of the "critical natural capital" of England and Wales. They must therefore be managed in this broader context in order to ensure that they remain a resource for the whole country.
  The new proposals for membership of the English park authorities upset this balance. A new category of membership is created—parish representatives—at the expense of both members representing the national interest and those appointed by local authorities. Parish members will be expected to represent all parishes that fall within the park boundaries. In the Peak District there are over 120 parish councils. I remain to be convinced that four or five parish council members, appointed by the Secretary of State, will be able adequately to represent the interests of all those parishes. In fact I suspect that the proposals may lead to new problems, particularly in trying to meet the aspirations of those parishes which do not have members sitting on the new authorities.
  I am particularly worried about the whittling away of the proportion of members representing the national interest on the parks. My amendment would make it clear beyond doubt that the Secretary of State should appoint members in order to represent the national interest in the statutory purposes of national parks. This is an extremely important safeguard.
  The Edwards panel examined the membership arrangements for the new authorities in detail. It examined the idea of appointing parish representatives to park authorities and rejected this. The panel concluded that the best way to ensure that local interests were taken
  1580
  into account by the authorities was through increasing the proportion of district council representatives. As originally drafted, the Bill did this by increasing district council membership from one-seventh to one-third, and requiring that wherever possible local authority members should represent wards within the park. Furthermore, the Bill already requires park authorities formally to liaise with the parish councils in their areas. This will best be done through the parish fora. I believe it is the best way of ensuring that national park authorities are in touch with the views of the local community.
  I had hoped that the Government would have been able to stick to the formula recommended by Edwards. That formula was carefully debated in the context of my Private Member's Bill, whose provisions were in turn reflected in the drafting of this Bill. I am therefore most disappointed that the Government have brought forward changes which could diminish the national and regional interest in the parks and which appear to undermine the role of the district councils. I hope that, when responding to my amendments, my noble friend the Minister will, even if he cannot accept them, be able to offer some reassurance on the following points. First, will he assure the House that when any appointments are made by the Secretary of State to a national park authority, the individuals appointed will be carefully selected in order to reflect the best possible mix of interests relevant to a national park?
  Secondly, will he confirm that the "non-parish" Secretary of State appointees will be chosen specifically to represent the national interest in the statutory purposes of the national parks, and that they will have the relevant expertise? Thirdly, will he undertake to ensure that all appointees will be fully informed as to the purposes for which the parks were originally designated? I beg to move.
  Moved, that the House do disagree with the Commons in their Amendment No. 203 but do propose Amendment No. 203A in lieu thereof.—(Lord Norrie.)
  Baroness Nicol: My Lords, I share the worries of the noble Lord, Lord Nome, and I wish to add one or two of my own. I understand that these changes were made quite suddenly and with little consultation. Among the few people who were consulted, there was considerable opposition to the Government's proposals.
  What worries me most is that there seems to be no limit to the length of time a parish representative appointed by the Secretary of State may serve. It is considered by one or two of those who know about these matters that the Secretary of State may find that he cannot end that appointment, so that the authority will become a quango, but a quango without an end because the Secretary of State cannot end what he has begun. It would be helpful if the Minister could at least clarify that point. At present the Secretary of State's appointees representing the national interest must serve a minimum of one year and a maximum of three. It seems unreasonable to replace them with open-ended appointments.
  The noble Lord, Lord Norrie, explained the main anxiety concerning losing sight of the national interest. I hope that the Minister will be able to demonstrate that that has not been lost sight of in all the pressure that has been

  1581
  put on the Government to represent local interests perhaps beyond what is reasonable in the context of the national parks.
  Lord Beaumont of Whitley:My Lords, the Edwards formula was arrived at after a great deal of consultation. It is well known. It was agreed by all the organisations with an interest in the national parks. It strikes a balance between three different but complementary interests—national, regional and local—and it underlines the national importance of the parks. The new proposals do not. They provide a formula which appears to have been cobbled together at very short notice. It is difficult to understand, and it is questionable whether it will achieve what the Government intend.
  The proposals have been opposed totally by organisations with an interest in the parks, with the exception of the parish councils which benefit directly, and even some of those have reservations about them.
  This is a retrograde step on the part of the Government. It is certainly not an improvement. I hope that at this late stage at the very least the noble Earl will be able to answer satisfactorily the questions asked by the noble Lord, Lord Norrie, and the noble Baroness, Lady Nicol.
  The Earl of Lytton: My Lords, I appreciate that the Government responded to general disquiet about the lack of a local democratic base in national parks. As someone who has business interests as a landowner and employer in a national park, I feel that acutely. There are important reasons why that issue needed to be addressed which were perhaps not so apparent at the time of the Edwards Report. Increasingly, we are moving towards all-purpose national park authorities. They are taking on board planning powers. As they take on those planning powers they acquire an enormously important role which is crucial to the economic well-being and the lives of those who live and work in national parks.
  An example was quoted to me by a neighbouring landowner of mine in Exmoor some time ago in relation to the problems resulting from the breaching of the shingle beach at Porlock Bay. The nearest member of the national park authority had to come from Bridgwater to attend a meeting. That was the only person who was available. That simply will not do. It is not acceptable that on matters which affect national parks—which admittedly affect the national interest—the legitimate aspirations of those who live and work and have an investment in the long-term future of national parks (and also have to take responsibility for that investment) should be represented only indirectly. One hopes that as a result of the Bill the situation will improve, but appointees from local authorities are not directly responsible to an electorate with an interest in the national park.
  The problem was brought into sharper focus by a recent experience of mine. I referred earlier today to having been involved in the Exmoor National Park local plan inquiry. The Exmoor National Park authority made it clear to me that it was not the organisation responsible for economic development. It was also not the housing authority. When I looked at the draft local plan for the West Somerset district, part of which is also in the Exmoor National Park, I found that the area covered by that document excluded
  1582
  all of the part of the district within the national park boundary. In other words, there is a policy void. There is one local authority in the national park which says that it is not its business to do various things—and I accept that up to a point—and another authority says that the area is not within the footprint of its local plan.
  There are serious problems which need to be addressed. They cannot be addressed simply by having appointees from outside who can allow the policy void to pass from one authority to the other. It is very important that parish councils, which are probably the closest to people in the sparsely populated rural areas, have a role to play. The response which the Government have sought to put in place here is right and proper. I disagree with the noble Lord, Lord Norrie, on that point.
  According to the responses that I saw to the consultation document, views were sought only from county and district authorities and none was sought from anyone else. That is regrettable.
  I support the Commons amendment. I believe that giving parishes a say in the manner proposed is extremely helpful.
  8.45 p.m.
  Baroness David: My Lords, I should like to support the noble Lord, Lord Norrie, and my noble friend Lady Nicol. It seems to me that the representation which was proposed in the Bill was very fair. District councils should be able to represent the views of local people. There must be a district councillor who represents the area. The unfairness of what is proposed is manifest in the representations that we have received.
  I should like to ask the Minister why this change was made at this very late stage. I cannot understand why it should have been because the matter was agreed at earlier stages of the Bill. It has been widely discussed. It seems to me an extraordinary thing to have happened. I hope that we can have a clear explanation.
  Lord Wise: My Lords, I too share the concern of my noble friend Lord Norrie regarding the change in the membership arrangements. I am not at all certain that the change in the membership arrangements of the authorities is the best way to increase local representation on the park authorities. I agree entirely with the noble Earl, Lord Lytton, that it is important that the parish councils are consulted, but the Bill already provides for greater parish representation as it requires formal mechanisms in each park for consulting every parish council. That is vitally important.
  In addition, there is a danger that in the race to increase local representation the Government may have neglected to put on record the importance of the other categories of membership. It would be helpful if my noble friend the Minister could assure the House that the national parks are still considered to be of national and regional importance and that the arrangements for appointing members to represent the national interest will reflect that importance. I support the amendment of my noble friend Lord Norrie.
  Lord Williams of Elvel: My Lords, I find the amendments which the noble Lord, Lord Norrie, opposes very surprising. We discussed in great detail the membership of park authorities when the Bill was before

  1583
  your Lordships and before it went to another place. We now find that another place has produced an amendment which does not apply to Welsh national parks. In Wales we do not have parish councils because the Church in Wales was disestablished in 1921 and parish councils became community councils. Therefore the provision applies only to England.
  As regards the Government's proposals, there is a clear difference between what is happening in England and what is happening in Wales. In Wales we shall have the Bill exactly as drafted before it went to another place. The English are being asked to accept parish councillors.
  No other planning authority that I can think of has representation from parish councils—neither county councils nor district councils. So far as I can understand, this is the first time in the history of planning legislation in England that there will be appointments by the Secretary of State on the basis that someone is a member of a parish council.
  First, if noble Lords will be good enough to consider Amendment No. 205, they might have great difficulty in understanding it. Amendment No. 205 states:
  "A person shall not be appointed as a parish member of an English National Park authority unless he is (a) a member of the parish council for a parish the whole or any part of which is comprised in the relevant Park; or (b) the chairman of the parish meeting of a parish",
  and so on. The amendment defines what a chairman is and what happens if a chairman gives up his authority as a chairman of a parish council during a period of office when he is appointed to an English national park authority.
  It is a most obscure piece of drafting. I am sure that the noble Earl knows better than I do how parish councils work in England. I understand that the reason for the provision is for local people to be on national park authorities. How anyone can rely on any of this provision for a proper representation defies me.
  Secondly, district councils which will be represented on national park authorities in Wales and England are comprised of people who are on parish councils. Therefore anyone who is on a parish council and a district council may well have dual authority. That seems to me to be very odd.
  Thirdly, what about the interests of other people who should be represented? Millions of people who live in urban areas like to go to national parks. These are national parks. The regional context of the park is important, as is the national interest. Why does the Secretary of State—the reference is to the Secretary of State for the Environment, not to the Secretary of State for Wales—select someone who just happens to be on a parish council to serve on a national park authority which is a national asset and is defined as such?
  Until the Government can give us better justification for what they propose I am afraid that I have to support the Motion of the noble Lord, Lord Norrie.
  Lord Walpole: My Lords, before the Minister responds, perhaps I may make one point. I differ from my noble friend Lord Lytton, and I think that it is probably because of our experiences. The Minister will know the Broads Authority as well as I do. There does not appear to be a problem of consultation. So far as I am aware no
  1584
  parish councillor other than one who happens to serve on a district council has ever served on the Broads Authority. I have always believed that the Broads Authority was a shining example of how a national park authority should be run.
  Because consultation regarding the Broads Authority in the past has been good, and that in Exmoor has been bad, I believe that some bad legislation is being brought in.
  Earl Ferrers: My Lords, I agree with my noble friend Lord Wise that national parks have both a national and regional interest and membership should reflect that. What I find difficult to understand is the great feeling that parish councillors should not be part of that involvement.
  I was glad when the noble Earl, Lord Lytton, disagreed with the amendment of my noble friend Lord Norrie. I felt that he and I were on the same track because I disagree with it too. I believe that my noble friend's concern was that our amendments to the membership of the new national park authorities will weaken the role of those members who are appointed by the Secretary of State to represent the wider national interest in the park. I can understand the concern of my noble friend Lord Norrie. Bringing the wider national viewpoint into the deliberations of the new authorities remains a vital element in the continued care and protection of the parks. However, I do not think that the revised membership which we now propose will weaken that.
  It is no surprise that the way in which local people influence the management of national parks should have taken up a large proportion of the time we spent discussing Part III of the Bill. We have always emphasised the importance of giving local people the opportunity to make their views known and to have a real input in park affairs. They are national parks and I cannot understand the noble Lord, Lord Williams, asking, "Why should these people in the locality be taken as more representative than everyone else when it comes to national parks?"
  Lord Williams of Elvel: My Lords, perhaps the noble Earl will allow me to intervene. The local people—a rather dismissive term—have a perfect right to elect their representatives on district councils which, in the original Edwards formula, are part of a national park authority. But it is not a question of parish councils.
  Earl Ferrers: My Lords, the noble Lord states that it is not a question of parish councils; I suggest that it is. We suggest that parish councils should have an involvement in the matter. We believe that those aims are best and most practically achieved by the proposals which are given effect to by Amendments Nos. 203 to 209 which my noble friend Lord Norrie does not care for. I believe that these amendments will enable a proper balance to be achieved between the local authorities with the wider national interest, and the particular concerns of those who actually live and work in the parks.
  In making his appointments, the Secretary of State will continue to select individuals for their personal qualities and experience and not as representatives of specific groups or organisations. While he expects his members to have regard to the interests of all who are concerned with a specific park, his primary concern is that they should

  1585
  bring to the authorities' deliberations the wider national viewpoint. Candidates already come from a wide range of backgrounds and interests. They are made up of farmers, business people, conservationists and representatives of a wide variety of leisure activities as well as those with a more general interest in the countryside and national parks in particular.
  The Secretaries of State will continue to be advised on those national appointments by the Countryside Commission and the Countryside Council for Wales which provide an independent input to the selection process and whose advice has always been valuable. We also make clear that parish members are to be appointed to represent the wider park view and not just the interests of their own parish. I do not think that these proposals reduce the importance of local authority members on the new authorities. I can assure your Lordships that these amendments do not change the principles enshrined in the Bill either that every principal council with land in the parks will be entitled to have at least one member on the new authorities, or that they will continue to have a majority of the membership.
  I do not think that the role of the Secretary of State's "own" appointees will be diluted. My noble friend Lord Norrie was concerned that familiarity with the purposes of the national parks and the interests of those whom they represent might not be adequate. We would encourage the countryside agencies, in consultation with the national park authorities, to ensure that all new members are familiar with the workings of the national parks and their purposes.
  The noble Baroness, Lady Nicol, was concerned that there was no limit to the number of parish member appointments. Amendment No. 205 limits the term of parish member appointments to the term of their appointment as parish councillors.
  The noble Earl, Lord Lytton, was worried that the consultation exercise was restricted to local authorities. The exercise followed the normal procedure for such exercises. There was no hesitation in the willingness of other bodies to respond. The noble Baroness, Lady David, asked why the amendments had been produced so late. The issue of local representation has been raised at every stage of the Bill. It was the intention, which was announced at Second Reading in another place, to introduce amendments and the arguments were introduced at the first opportunity after the consultation exercise was completed.
  The noble Lord, Lord Williams of Elvel, was concerned about the Welsh national park authorities. Because of commitments which have already been made in respect of the membership of the national park boards being established under the Local Government (Wales) Act 1994 and the circular letters which had already been issued for consultations about establishing Welsh national park authorities, the Secretary of State for Wales proposes to leave unchanged the provisions for membership of the national park authorities as they apply to Wales.
  It is no surprise that the way in which local people influence the management of national parks should have taken up a large proportion of the time which has been spent in discussing Part III of the Bill. We have always
  1586
  emphasised the importance of giving local people the opportunity to make their views known and to have a real input into park affairs. I believe that that is best done by the amendments which the Commons has agreed to, and I hope that your Lordships will agree with them.
  9 p.m.
  Baroness David: My Lords, before the noble Earl sits down, he has not answered my question. There were months and months of consultation after the Edwards Report and the membership was not questioned until, as the noble Earl said, it was mentioned at Second Reading in another place. It seems to me that we need an explanation of why there should have been such a big change at this late moment.
  Earl Ferrers: My Lords, I do not think that it was a late moment. Obviously one has consultations, views fluctuate, thoughts are exchanged and eventually one reaches a conclusion. When that happens at Second Reading, I do not believe that it is the latest stage. It happened after due consideration.
  Lord Vinson: My Lords, there is a tendency to think that because Edwards said it, it is written in stone. There are many other points of view besides those of Professor Edwards, worthy though his may be. The whole point of this debate is to bring up sensible alternatives. He was a single issue man and this debate has broadened the discussion. As a result, the law will be much better.
  Lord Norrie: My Lords, I thank the Minister very much for his reply. I hope that he agrees that this debate has at least been useful to remind ourselves of the three components of the national park authorities' membership. I shall study his reply tomorrow. However, I wonder whether he could clarify one more point. Will the draft guidance covering membership arrangements be produced? Will there be an opportunity to comment on the arrangements before the draft is finalised? I shall wait for the reply, if the Minister is in a position to answer, before saying what I shall do.
  Earl Ferrers: My Lords, my noble friend need not necessarily wait for my reply. I am always in a position to be able to answer. It is merely a question of whether a reply will be more accurate with further time for consideration. The noble Baroness, Lady David, does not seem to like to give that. I believe that the answer is in the affirmative.
  Lord Norrie: My Lords, I am grateful to the Minister for his helpful reply. I do not wish to prolong the proceedings and beg leave to withdraw my amendment.
  Amendment No. 203A, as an amendment to Commons Amendment No. 203, by leave, withdrawn.

  AMENDMENT TO COMMONS AMENDMENT NO. 203
  203B Leave out ("as may be specified in the relevant order of the number of members of the authority to he appointed by the Secretary of State shall be") and insert ("of").
  Baroness Hamwee: My Lords, I beg to move Amendment No. 203B which is grouped with my Amendments Nos. 203C, 204B and 205B to 205K. The main amendment in the group is Amendment No. 205B; the others are consequential.

  1587
  In moving the amendment, I ask your Lordships to consider the question of democracy. The proposal for the election of parish councillors—that is elections by the electorate from among parish councillors—is not the first choice of myself or these Benches for the appropriate way to appoint or constitute the national park authorities. The amendment is an attempt to inject an element of democracy rather than extending "quangodom" and failing notably to enhance accountability.
  The parish councillors will be appointed, as the Government propose, as other members of quangos, even though no doubt they will have their own priorities. The Government's proposals do not improve democratic accountability to any significant extent. The number of elected members—the number of members who can serve with a mandate because they have been elected by the local community—is cut; and the parish councillors will owe their places to the Secretary of State. I accept that this would not be the first choice of approach, but at this late stage my amendment attempts at least to include an element of democracy. I beg to move.
  Moved, That Amendment No. 203B, as an amendment to Commons Amendment No. 203, be agreed to.—(Baroness Hamwee.)
  Earl Ferrers: My Lords, I can understand the noble Baroness's desire to introduce an element of democracy into all this. I am surprised that she did not try to import a bit of proportional representation, too, while she was about it.
  Baroness Hamwee: My Lords, I sometimes recognise defeat before it comes and hits me in the face.
  Earl Ferrers: My Lords, in that case, there is not much point in my answering the noble Baroness's amendment. However, it would be discourteous of me not to do so. I understand her desire to try to introduce some form of democracy. She wants to introduce a requirement that parishes wholly or partly within the parks should form one voting body for the purposes of electing parish members to the new authorities.
  In arriving at our own proposals in Amendments Nos. 203 to 209, we considered the option that parish members for each national park authority should be identified through some form of electoral process rather than be appointed by the Secretary of State. I can understand the noble Baroness's view. We are together in that. However, in the end we felt that it would be impossible to impose on parishes the requirement to hold elections in order to identify the parish members in the absence of any existing mechanisms that could be adapted for the purpose.
  We are aware that some parks have parish fora which might be responsible for running elections in their parks. In other parks, however, there may be no agreed organisation which could undertake the task of running an election; nor might the parishes agree on the process to be adopted or on when elections should be held. We therefore concluded that amending the Bill to require parish members to be elected could not be done without also drawing up a complete new set of provisions governing the conduct of those elections. We came to the conclusion that to try to amend the Bill at this stage
  1588
  to make such a provision would have been a very complex task. Instead, we opted for the simpler, more practical, route of appointment by the Secretary of State. We have made it perfectly clear, however, that we should be more than content for parishes in each park to decide collectively the nominations to be put before my right honourable friend.
  Nor will the Secretary of State have discretion over the terms of their appointments. Amendment No. 205 provides for parish members to hold office from the time of their appointment until they cease to be members of their parish councils. If they are re-elected to their parish councils, they will also be eligible for reappointment to the national park authorities, provided their names are again put before the Secretary of State.
  I understand the intention that underlies the noble Baroness's amendment, but I do not believe that at this stage in the Bill's progress it would be suitable. As I have tried to explain, we have done the best we can without proposing a whole new set of regulations to say how elections should be conducted. We decided to use a system that will make sure that parish councillors are appointed but will ensure that people in the parishes have the right and the duty to put before the Secretary of State those whom they believe will be most suitable for appointment.
  Baroness Hamwee: My Lords, I wish that I had proposed election by proportional representation, by single transferable vote. It would have answered most of the points that the Minister used to defend the Government's failure to bite the bullet—a bullet that they seem to accept as a real one—and to incorporate a provision for election. I am surprised. It has not seemed to me that on other occasions it has been beyond the wit of the Government to impose the sort of arrangements that would be necessary to provide for such an election.
  My amendment would have met a point that was made in the previous debate by providing a period of years during which the elected councillors might serve. It is very unhealthy for democracy to allow the position to arise whereby an individual can continue to hold an appointed office for years and years. I have no doubt that many parish councillors do hold their offices for many years. If that is allowed to happen, one gets sucked into the system. Periodically putting oneself up for re-election and having one's position validated is, frankly, a very good thing indeed. However, sadly, at this point in the Bill I fear that we shall make no further progress. I beg leave to withdraw the amendment.
  Amendment No. 203B, as an amendment to Commons Amendment No. 203, by leave, withdrawn.
  [Amendment No. 203C, as an amendment to Commons Amendment No.203, not moved.]
  On Question, Motion agreed to.

  COMMONS AMENDMENT
  204 Schedule 7, page 150, line 2, leave out from 'shall' to end of line 4 and insert '—

  (a) as respects any National Park authority for a National Park in England, he two less than the number of local authority members specified in the order: and

  1589

  (b) as respects any National Park authority for a National Park in Wales, be equal to half the number of local authority members specified in the order.

  (4) As respects any National Park authority for a National Park in England, the number specified in the relevant order as the number of parish members to be appointed by the Secretary of State shall be one less than one half of the total number of the members of the authority to be appointed by the Secretary of State.
  (5) Accordingly—

  (a) in the case of a National Park authority for a National Park in England, the effect of the relevant order shall be such that the total number of members of the authority will be an even number which is not a whole number multiple of four; and

  (b) in the case of a National Park authority for a National Park in Wales, the number of local authority members specified in the relevant order shall be an even number.'.

  Earl Ferrers: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 204.
  Moved, That the House do agree with the Commons in their Amendment No. 204.—(Earl Ferrers.)
  [Amendment No. 204A, as an amendment to Commons Amendment No. 204, not moved.]
  [Amendment No. 204B, as an amendment to Commons Amendment No. 204, not moved.]
  On Question, Motion agreed to.
  9.15 p.m.

  COMMONS AMENDMENT
  205 Schedule 7, page 151, leave out line 4 and insert:
  'Parish members of English National Park authorities
  2A.—(1) The parish members of an English National Park authority shall be appointed by the Secretary of State.
  (2) A person shall not be appointed as a parish member of an English National Park authority unless he is

  (a) a member of the parish council for a parish the whole or any part of which is comprised in the relevant Park; or

  (b) the chairman of the parish meeting of a parish—

  (i) which does not have a separate parish council; and

  (ii) the whole or any part of which is comprised in the relevant Park.

  (3) Subject to the following provisions of this Schedule, where a person who qualifies for his appointment by virtue of his membership of a parish council, is appointed as a parish member of an English National Park authority, he shall hold office from the time of his appointment until he ceases to be a member of that parish council.
  (4) Sub-paragraph (3) above shall have effect so as to terminate the term of office of a person who on retiring from any parish council immediately becomes such a member again as a newly elected councillor; but a person who so becomes a member again shall be eligible for re-appointment to the National Park authority.
  (5) Subject to the following provisions of this Schedule, where a person who qualifies for his appointment by virtue of his being the chairman of a parish meeting, is appointed as a parish member of an English National Park authority, he shall hold office from the time of his appointment until he ceases to be the chairman of that parish meeting.
  (6) Sub-paragraph (5) above shall have effect so as to terminate the term of office of a person who is elected to succeed himself as chairman of any parish meeting; but a person who so becomes the chairman again shall be eligible for re-appointment to the National Park authority.
  (7) Subject to the provisions of this Schedule, a parish member of an English National Park authority shall hold office in accordance with the terms of his appointment.
  (8) In this paragraph, "English National Park authority" means a National Park authority for a National Park in England.
  Members (other than parish members) appointed by the Secretary of State'.
  Earl Ferrers: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 205.
  Moved, That the House do agree with the Commons in their Amendment No. 205.—(Earl Ferrers.)
  [Amendment No. 205A, as an amendment to Commons Amendment No. 205, not moved.]
  [Amendments Nos. 205B to 205K, as amendments to Commons Amendment No. 205, not moved.]
  On Question, Motion agreed to.

  COMMONS AMENDMENT
  206 Schedule 7, page 151, line 22, at end insert:
  '(5) This paragraph shall not apply to persons appointed as parish members of a National Park authority for a National Park in England or to their appointment as such members.'.
  Earl Ferrers: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 206.
  Moved, That the House do agree with the Commons in their Amendment No. 206.—(Earl Ferrers.)
  [Amendment No. 206A, as an amendment to Commons Amendment No. 206, not moved.]
  On Question, Motion agreed to.

  COMMONS AMENDMENT
  207 Schedule 7, page 151, line 44, after 'him' insert other than any parish member of a National Park authority for a National Park in England,'.
  Earl Ferrers: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 207.
  Moved, That the House do agree with the Commons in their Amendment No. 207.—(Earl Ferrers.)
  [Amendment No. 207A, as an amendment to Commons Amendment No. 207, not moved.]
  On Question, Motion agreed to.

  COMMONS AMENDMENT
  208 Schedule 7, page 151, line 48, at end insert:
  '(3) The Secretary of State may remove from office any parish member of a National Park authority for a National Park in England either—

  (a) by giving that member such written notice of the termination of his appointment as the Secretary of State considers appropriate; or

  (b) in such other manner as may be provided for in the terms of that member's appointment;

  1591
  but a parish member shall only be removed from office in the manner mentioned in paragraph (a) above where the Secretary of State considers it appropriate to do so in consequence of the provisions of any order for varying either the area of the relevant Park or the number of parish members of the National Park authority in question.'.
  Earl Ferrers: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 208.
  Moved, That the House do agree with the Commons in their Amendment No. 208.—(Earl Ferrers.)
  [Amendment No. 208A, as an amendment to Commons Amendment No. 208, not moved.]
  On Question, Motion agreed to.

  COMMONS AMENDMENT
  209 Schedule 7, page 152, line 10, after 'represented;' insert:
  '(cc) as respects a National Park authority for a National Park in England—

  (i) any parish council for, or parish meeting of, a parish the whole or any part of which is comprised in the relevant Park;

  (ii) any committee or sub-committee of any such parish council or any committee of any such parish meeting; or

  (iii) any joint committee on which any such parish council or parish meeting is represented;'.

  Earl Ferrers: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 209.
  Moved, That the House do agree with the Commons in their Amendment No. 209.—(Earl Ferrers.)
  [Amendment No. 209A, as an amendment to Commons Amendment No. 209, not moved.]
  On Question, Motion agreed to.

  COMMONS AMENDMENTS
  210 Schedule 7, page 152, line 26, after 'from' insert "'of.
  211 Page 155, line 7, at beginning insert '(a)'.
  212 Page 155, line 9, at end insert 'or
  (b) if the relevant Park is in Wales, any appointment—

  (i) which was made under that paragraph in relation to any such area, and

  (ii) which was adopted by a National Park planning board, as defined in section 61 of this Act, by virtue of an order under paragraph 3A of Schedule 17 to the 1972 Act or section 2(1B) of the Town and Country Planning Act 1990.'.

  213 Page 155, line 14, at end insert:
  '() Sub-paragraph (3) above shall not apply in relation to the adoption of an appointment under this paragraph in relation to a National Park in Wales in any case where—

  (a) the National Park authority in question is the National Park authority in relation to that National Park by virtue of an order under section 60 of this Act made by virtue of section 61(1) of this Act;

  (b) the appointment in question was made or adopted by the body corporate which has so become that National Park authority, but in its capacity as the National Park planning board, as defined in section 61 of this Act, for the area of the National Park in question; and

  (c) no additional responsibilities are, on the occasion of the adoption of the appointment, to be assigned to the person holding the appointment.'.

  214 Schedule 10, page 165, line 47, leave out from beginning to end of line 6 on page 166 and insert:
  `() For section 88 of that Act (application to areas of outstanding natural beauty of provisions relating to National Parks) there shall be substituted—
  "Functions of certain bodies in relation to areas of outstanding natural beauty.
  88.—(1) The following provisions of this Act, that is to say—

  (a) paragraph (e) of subsection (4) of section six,

  (b) section nine,

  (c) subsection (1) of section sixty-two,

  (d) subsection (5) of section sixty-four, and

  (e) subsections (5) and (5A) of section sixty-five,

  shall apply in relation to areas of outstanding natural beauty as they apply in relation to National Parks.
  (2) In paragraph (e) of subsection (4) of section six of this Act as it applies by virtue of the last foregoing subsection, the expression "appropriate planning authority" means a local planning authority whose area consists of or includes the whole or any part of an area of outstanding natural beauty and includes a local authority, not being a local planning authority, by whom any powers of a local planning authority as respects an area of outstanding natural beauty are exercisable, whether under this Act or otherwise.
  (3) The provisions of section 4A of this Act shall apply to the provisions mentioned in paragraphs (a) and (b) of subsection (1) of this section for the purposes of their application to areas of outstanding natural beauty as the provisions of the said section 4A apply for the purposes of Part II of this Act.
  (4) A local planning authority whose area consists of or includes the whole or any part of an area of outstanding natural beauty shall have power, subject to the following provisions of this section, to take all such action as appears to them expedient for the accomplishment of the purpose of conserving and enhancing the natural beauty of the area of outstanding natural beauty or so much thereof as is included in their area.
  (5) Nothing in this Act shall be construed as limiting the generality of the last foregoing subsection; but in so far as the provisions of this Act confer specific powers falling within that subsection those powers shall be exercised in accordance with those provisions and subject to any limitations expressed or implied therein.
  (6) Without prejudice to the powers conferred by this Act, subsection (4) of this section shall have effect only for the purpose of removing any limitation imposed by law on the capacity of a local planning authority by virtue of its constitution, and shall not authorise any act or omission on the part of such an authority which apart from that subsection would be actionable at the suit of any person on any ground other than such a limitation.".'.
  215 Page 167, line 20, leave out sub-paragraph (4).
  216 Page 167, line 46, leave out 'in paragraph (b) of subsection (1)' and insert:

  '(a) at the beginning of subsection (1) there shall be inserted the words "Subject to section 65 of the Environment Act 1995 (planning authority functions under National Parks legislation to be functions of National Park authorities in certain cases),"; and

  (b) in paragraph (b) of that subsection,'.

  217 Page 167, line 48, at end insert:
  '() In subsection (3) of that section, for the words "sections 9 and 11" there shall he substituted the words "section 9".'.
  218 Page 168, leave out lines 1 to 4.
  219 Page 177, line 11, leave out '2' and insert '1, at the beginning of the subsection which that paragraph substitutes for subsection (1) of section 184 of the 1972 Act, there shall be inserted the words "Subject to section 65 of the Environment Act 1995 (planning authority functions under National Parks legislation to be functions of National Park authorities in certain cases),".
  (2) In paragraph 2 of that Schedule,'.
  220 After Schedule 10, insert the following Schedule:—

  'SCHEDULE AIR QUALITY: SUPPLEMENTAL PROVISIONS
  Consultation requirements
  1.—(1) A local authority in carrying out its functions in relation to—

  (a) any air quality review,

  (b) any assessment under section (Local authority reviews) or (Duties of local authorities in relation to designated areas) of this Act, or

  (c) the preparation of an action plan or any revision of an action plan,

  shall consult such other persons as fall within sub-paragraph (2) below.
  (2) Those persons are—

  (a) the Secretary of State;

  (b) the appropriate new Agency;

  (c) in England and Wales, the highway authority for any highway in the area to which the review or, as the case may be, the action plan or revision relates;

  (d) every local authority whose area is contiguous to the authority's area;

  (e) any county council in England whose area consists of or includes the whole or any part of the authority's area;

  (f) any National Park authority for a National Park whose area consists of or includes the whole or any part of the authority's area;

  (g) such public authorities exercising functions in, or in the vicinity of, the authority's area as the authority may consider appropriate;

  (h) such bodies appearing to the authority to be representative of persons with business interests in the area to which the review or action plan in question relates as the authority may consider appropriate;

  (j) such other bodies or persons as the authority may consider appropriate.

  (3) In this paragraph "National Park authority", subject to sub-paragraph (4) below, means a National Park authority established under section 60 of this Act which has become the local planning authority for the National Park in question.
  (4) As respects any period before a National Park authority established under section 60 of this Act in relation to a National Park becomes the local planning authority for that National Park, any reference in sub-paragraph (2) above to a National Park authority shall be taken as a reference to the National Park Committee or joint or special planning board for that National Park.
  Exchange of information with county councils in England
  2.—(1) This paragraph applies in any case where a district in England for which there is a district council is comprised in an area for which there is a county council; and in this paragraph—

  (a) any reference to the county council is a reference to the council of that area; and

  (b) any reference to a district council is a reference to the council of a district comprised in that area.

  (2) It shall be the duty of the county council to provide a district council with all such information as is reasonably requested by the district council for purposes connected with the carrying out of its functions under or by virtue of this Part.
  (3) It shall be the duty of a district council to provide the county council with all such information as is reasonably requested by the county council for purposes connected with the carrying out of any of its functions relating to the assessment or management of the quality of air.
  (4) Information provided to a district council or county council under sub-paragraph (2) or (3) above shall be provided in such form and in such manner and at such times as the district council or, as the case may be, the county council may reasonably require.
  (5) A council which provides information under sub-paragraph (2) or (3) above shall be entitled to recover the reasonable cost of doing so from the council which requested the information.
  (6) The information which a council may be required to provide under this paragraph shall include information which, although it is not in the possession of the council or would not otherwise come into the possession of the council, is information which it is reasonable to require the council to obtain.
  Joint exercise of local authority functions
  3.—(1) The appropriate authority may give directions to any two or more local authorities requiring them to exercise the powers conferred by—

  (a) section 101(5) of the Local Government Act 1972 (power of two or more local authorities to discharge functions jointly), or

  (b) section 56(5) of the Local Government (Scotland) Act 1973 (which makes similar provision for Scotland),

  in relation to functions under or by virtue of this Part in accordance with the directions.
  (2) The appropriate authority may give directions to a local authority requiring it—

  (a) not to exercise those powers, or

  (b) not to exercise those powers in a manner specified in the directions,

  in relation to functions under or by virtue of this Part.
  (3) Where two or more local authorities have exercised those powers in relation to functions under or by virtue of this Part, the appropriate authority may give them directions requiring them to revoke, or modify in accordance with the directions, the arrangements which they have made.
  (4) In this paragraph, "the appropriate authority" means—

  (a) in relation to England and Wales, the Secretary of State; and

  (b) in relation to Scotland, SEPA acting with the approval of the Secretary of State.

  Public access to information about air quality
  4.—(1) It shall be the duty of every local authority—

  (a) to secure that there is available at all reasonable times for inspection by the public free of charge a copy of each of the documents specified in sub-paragraph (2) below; and

  (b) to afford to members of the public facilities for obtaining copies of those documents on payment of a reasonable charge.

  (2) The documents mentioned in sub-paragraph (1) (a) above are—

  (a) a report of the results of any air quality review which the authority has caused to be conducted:

  (b) a report of the results of any assessment which the authority has caused to be made under section (Local authority reviews) or (Duties of local authorities in relation to designated areas) of this Act;

  1595

  (c) any order made by the authority under section (Designation of air quality management reas) of this Act;

  (d) any action plan prepared by the authority;

  (e) any proposals or statements submitted to the authority pursuant to subsection (3) or (4) of section (Functions of county councils for areas for which there are district councils) of this Act;

  (f) any directions given to the authority under this Part;

  (g) in a case where section (Functions of county councils for areas for which there are district councils) of this Act applies, any directions given to the county council under this Part.

  Fixed penalty offences
  5.—(1) Without prejudice to the generality of paragraph (o) of subsection (2) of section (Regulations for the purposes of Part (Air Quality)) of this Act, regulations may, in particular, make provision—

  (a) for the qualifications, appointment or authorisation of persons who are to issue fixed penalty notices;

  (b) for the offences in connection with which, the cases or circumstances in which, the time or period at or within which, or the manner in which fixed penalty notices may he issued;

  (c) prohibiting the institution, before the expiration of the period for paying the fixed penalty, of proceedings against a person for an offence in connection with which a fixed penalty notice has been issued;

  (d) prohibiting the conviction of a person for an offence in connection with which a fixed penalty notice has been issued if the fixed penalty is paid before the expiration of the period for paying it;

  (e) entitling, in prescribed cases, a person to whom a fixed penalty notice is issued to give, within a prescribed period, notice requesting a hearing in respect of the offence to which the fixed penalty notice relates;

  (f) for the amount of the fixed penalty to be increased by a prescribed amount in any case where the person liable to pay the fixed penalty fails to pay it before the expiration of the period for paying it, without having given notice requesting a hearing in respect of the offence to which the fixed penalty notice relates;

  (g) for or in connection with the recovery of an unpaid fixed penalty as a fine or as a civil debt or as if it were a sum payable under a county court order;

  (h) for or in connection with execution or other enforcement in respect of an unpaid fixed penalty by prescribed persons;

  (j) for a fixed penalty notice, and any prescribed proceedings or other prescribed steps taken by reference to the notice, to be rendered void in prescribed cases where a person makes a prescribed statutory declaration, and for the consequences of any notice, proceedings or other steps being so rendered void (including extension of any time limit for instituting criminal proceedings);

  (k) for or in connection with the extension, in prescribed cases or circumstances, by a prescribed person of the period for paying a fixed penalty;

  (l) for or in connection with the withdrawal, in prescribed circumstances, of a fixed penalty notice, including—

  (i) repayment of any amount paid by way of fixed penalty in pursuance of a fixed penalty notice which is withdrawn; and

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  (ii) prohibition of the institution or continuation of proceedings for the offence in connection with which the withdrawn notice was issued;

  (m) for or in connection with the disposition of sums received by way of fixed penalty;

  (n) for a certificate purporting to be signed by or on behalf of a prescribed person and stating either—

  (i) that payment of a fixed penalty was, or (as the case may be) was not, received on or before a date specified in the certificate, or

  (ii) that an envelope containing an amount sent by post in payment of a fixed penalty was marked as posted on a date specified in the certificate,

  to be received as evidence of the matters so stated and to be treated, without further proof, as being so signed unless the contrary is shown;

  (o) requiring a fixed penalty notice to give such reasonable particulars of the circumstances alleged to constitute the fixed penalty offence to which the notice relates as are necessary for giving reasonable information of the offence and to state—

  (i) the monetary amount of the fixed penalty which may be paid;

  (ii) the person to whom, and the address at which, the fixed penalty may be paid and any correspondence relating to the fixed penalty notice may be sent;

  (iii) the method or methods by which payment of the fixed penalty may be made;

  (iv) the period for paying the fixed penalty;

  (v) the consequences of the fixed penalty not being paid before the expiration of that period;

  (oo) similar to any provision made by section 79 of the Road Traffic Offenders Act 1988 (statements by constables in fixed penalty cases);

  (op) for presuming, in any proceedings, that any document of a prescribed description purporting to have been signed by a person to whom a fixed penalty notice has been issued has been signed by that person;

  (p) requiring or authorising a fixed penalty notice to contain prescribed information relating to, or for the purpose of facilitating, the administration of the fixed penalty system;

  (q) with respect to the giving of fixed penalty notices, including, in particular, provision with respect to—

  (i) the methods by which,

  (ii) the officers, servants or agents by, to or on whom, and

  (iii) the places at which,

  fixed penalty notices may be given by, or served on behalf of, a prescribed person;

  (r) prescribing the method or methods by which fixed penalties may be paid;

  (s) for or with respect to the issue of prescribed documents to persons to whom fixed penalty notices are or have been given;

  (t) for a fixed penalty notice to be treated for prescribed purposes as if it were an information or summons or any other document of a prescribed description.

  (2) The provision that may be made by regulations prescribing fixed penalty offences includes provision for an offence to be a fixed penalty offence—

  (a) only if it is committed in such circumstances or manner as may be prescribed; or

  (b) except if it is committed in such circumstances or manner as may be prescribed.

  (3) Regulations may provide for any offence which is a fixed penalty offence to cease to be such an offence.
  (4) An offence which, in consequence of regulations made by virtue of sub-paragraph (3) above, has ceased to be a fixed penalty offence shall be eligible to be prescribed as such an offence again.
  (5) Regulations may make provision for such exceptions, limitations and conditions as the Secretary of State considers necessary or expedient.
  (6) In this paragraph—

  "fixed penalty" means a penalty of such amount as may be prescribed (whether by being specified in, or made calculable under, regulations);

  "fixed penalty notice" means a notice offering a person an opportunity to discharge any liability to conviction for a fixed penalty offence by payment of a penalty of a prescribed amount;

  "fixed penalty offence" means, subject to sub-paragraph (2) above, any offence (whether under or by virtue of this Part or any other enactment) which is for the time being prescribed as a fixed penalty offence;

  "the fixed penalty system" means the system implementing regulations made under or by virtue of paragraph (o) of subsection (2) of section (Regulations for the purposes of Part (Air Quality)) of this Act;

  "the period for paying", in relation to any fixed penalty, means such period as may be prescribed for the purpose;

  "regulations" means regulations under or by virtue of paragraph (o) of subsection (2) of section (Regulations for the purposes of Part (Air Quality)) of this Act.'.

  221 After Schedule 11, insert the following Schedule:—

  'SCHEDULE REVIEW OF OLD MINERAL PLANNING PERMISSIONS
  Interpretation
  1.—(1) In this Schedule—

  "dormant site" means a Phase I or Phase II site in, on or under which no minerals development has been carried out to any substantial extent at any time in the period beginning on 22nd February 1982 and ending with 6th June 1995 otherwise than by virtue of a planning permission which is not a relevant planning permission relating to the site;

  "first list", in relation to a mineral planning authority, means the list prepared by them pursuant to paragraph 3 below;

  "mineral planning authority"—

  (a) as respects England and Wales, means a mineral planning authority within the meaning of the 1990 Act, and

  (b) as respects Scotland, means a planning authority for the purposes of the 1972 Act;

  "mineral site" has the meaning given by sub-paragraph (2) below;

  "National Park" means an area designated as such under section 5(3) of the National Parks and Access to the Countryside Act 1949;

  "old mining permission" has the meaning given—

  (a) as respects England and Wales, by section 22(1) of the 1991 Act, and

  (b) as respects Scotland, by section 49H(1) of the 1972 Act;

  "owner", in relation to any land—

  (a) as respects England and Wales, means any person who—

  (i) is the estate owner in respect of the fee simple, or

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  (ii) is entitled to a tenancy granted or extended for a term of years certain of which not less than seven years remains unexpired; and

  (b) as respects Scotland, has the meaning given by paragraph 10(1) of Schedule 10A to the 1972 Act;

  "Phase I site" and "Phase II site" have the meaning given by paragraph 2 below;

  "relevant planning permission" means any planning permission, other than an old mining permission or a planning permission granted by a development order, granted after 30th June 1948 for minerals development; and

  "second list", in relation to a mineral planning authority, means the list prepared by them pursuant to paragraph 4 below.

  (2) For the purposes of this Schedule, but subject to sub-paragraph (3) below, "mineral site" means—

  (a) in a case where it appears to the mineral planning authority to be expedient to treat as a single site the aggregate of the land to which any two or more relevant planning permissions relate, the aggregate of the land to which those permissions relate; and

  (b) in any other case, the land to which a relevant planning permission relates.

  (3) In determining whether it appears to them to be expedient to treat as a single site the aggregate of the land to which two or more relevant planning permissions relate a mineral planning authority shall have regard to any guidance issued for the purpose by the Secretary of State.
  (4) Any reference (however expressed) in this Schedule to an old mining permission or a relevant planning permission relating to a mineral site is a reference to the mineral site, or some part of it, being the land to which the permission relates; and where any such permission authorises the carrying out of development consisting of the winning and working of minerals but only in respect of any particular mineral or minerals, that permission shall not be taken, for the purposes of this Schedule, as relating to any other mineral in, on or under the land to which the permission relates.
  (5) For the purposes of this Schedule, a mineral site which is a Phase I site or a Phase II site is active if it is not a dormant site.
  (6) For the purposes of this Schedule, working rights are restricted in respect of a mineral site if any of—

  (a) the size of the area which may be used for the winning and working of minerals or the depositing of mineral waste;

  (b) the depth to which operations for the winning and working of minerals may extend;

  (c) the height of any deposit of mineral waste;

  (d) the rate at which any particular mineral may be extracted;

  (e) the rate at which any particular mineral waste may be deposited;

  (f) the period at the expiry of which any winning or working of minerals or depositing of mineral waste is to cease; or

  (g) the total quantity of minerals which may be extracted from, or of mineral waste which may be deposited on, the site,

  is restricted or reduced in respect of the mineral site in question.
  (7) For the purposes of this Schedule, where an application is made under paragraph 9 below for the determination of the conditions to which the relevant planning permissions relating to the mineral site to which the application relates are to be subject, those conditions are finally determined when—

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  (a) the proceedings on the application, including any proceedings on or in consequence of an application under section 288 of the 1990 Act or, as the case may be, section 233 of the 1972 Act, have been determined, and

  (b) any time for appealing under paragraph 11(1) below, or applying or further applying under paragraph 9 below, (where there is a right to do so) has expired.

  Phase I and II sites
  2.—(1) This paragraph has effect for the purposes of determining which mineral sites are Phase I sites, which are Phase II sites, and which are neither Phase I nor Phase II sites.
  (2) A mineral site is neither a Phase I site nor a Phase II site where—

  (a) all the relevant planning permissions which relate to the site have been granted after 21st February 1982; or

  (b) some only of the relevant planning permissions which relate to the site have been granted after 21st February 1982, and the parts of the site to which those permissions relate constitute the greater part of that site.

  (3) With the exception of those mineral sites which, by virtue of sub-paragraph (2) above, are neither Phase I nor Phase II sites, every mineral site is either a Phase I site or a Phase II site.
  (4) Subject to sub-paragraph (2) above, where any part of a mineral site is situated within—

  (a) a National Park;

  (b) a site in respect of which a notification under section 28 of the Wildlife and Countryside Act 1981 (sites of special scientific interest) is in force;

  (c) an area designated under section 87 of the National Parks and Access to the Countryside Act 1949 as an area of outstanding natural beauty;

  (d) an area designated as a National Scenic Area under section 262C of the 1972 Act; or

  (e) an area designated as a Natural Heritage Area under section 6 of the Natural Heritage (Scotland) Act 1991,

  that site is a Phase I site.
  (5) Subject to sub-paragraphs (2) and (4) above, where—

  (a) all the relevant planning permissions which relate to a mineral site, and which were not granted after 21st February 1982, were granted after the relevant day in 1969; or

  (b) the parts of a mineral site to which relate such of the relevant planning permissions relating to the site as were granted after the relevant day in 1969 but before 22nd February 1982 constitute a greater part of the site than is constituted by those parts of the site to which no such relevant planning permission relates but to which a relevant planning permission granted on or before the relevant day in 1969 does relate,

  the mineral site is a Phase II site.
  (6) In sub-paragraph (5) above, "the relevant day in 1969" means—

  (a) as respects England and Wales, 31st March 1969; and

  (b) as respects Scotland, 7th December 1969.

  (7) Every other mineral site, that is to say any mineral site other than one—

  (a) which is, by virtue of sub-paragraph (2) above, neither a Phase I nor a Phase II site; or

  (b) which is a Phase I site by virtue of sub-paragraph (4) above; or

  (c) which is a Phase II site by virtue of sub-paragraph (5) above,

  1600
  is a Phase I site.
  (8) In ascertaining, for the purposes of sub-paragraph (2) or (5) above, whether any parts of a mineral site constitute the greater part of that site, or whether a part of a mineral site is greater than any other part, that mineral site shall be treated as not including any part of the site—

  (a) to which an old mining permission relates; or

  (b) which is a part where minerals development has been (but is no longer being) carried out and which has, in the opinion of the mineral planning authority, been satisfactorily restored;

  but no part of a site shall be treated, by virtue of paragraph (b) above, as being not included in the site unless the mineral planning authority are satisfied that any aftercare conditions which relate to that part have, so far as relating to that part, been complied with.
  The "first list"
  3.—(1) A mineral planning authority shall, in accordance with the following provisions of this paragraph, prepare a list of mineral sites in their area ("the first list").
  (2) A site shall, but shall only, be included in the first list if it is a mineral site in the area of the mineral planning authority and is either—

  (a) an active Phase I site;

  (b) an active Phase II site; or

  (c) a dormant site.

  (3) In respect of each site included in the first list, the list shall indicate whether the site is an active Phase I site, an active Phase II site or a dormant site.
  (4) In respect of each active Phase I site included in the first list, that list shall specify the date by which an application is to be made to the mineral planning authority under paragraph 9 below.
  (5) Any date specified pursuant to sub-paragraph (4) above shall be a date—

  (a) not earlier than the date upon which expires the period of 12 months from the date on which the first list is first advertised in accordance with paragraph 5 below, and

  (b) not later than the date upon which expires the period of three years from the date upon which the provisions of this Schedule come into force.

  (6) The preparation of the first list shall be completed before the day upon which it is first advertised in accordance with paragraph 5 below.
  The "second list"
  4.—(1) A mineral planning authority shall, in accordance with the following provisions of this paragraph, prepare a list of the active Phase II sites in their area ("the second list").
  (2) The second list shall include each mineral site in the mineral planning authority's area which is an active Phase II site.
  (3) In respect of each site included in the second list, that list shall indicate the date by which an application is to be made to the mineral planning authority under paragraph 9 below.
  (4) Subject to sub-paragraph (5) below, any date specified pursuant to sub-paragraph (3) above shall be a date—

  (a) not earlier than the date upon which expires the period of 12 months from the date on which the second list is first advertised in accordance with paragraph 5 below, and

  (b) not later than the date upon which expires the period of six years from the date upon which the provisions of this Schedule come into force.

  (5) The Secretary of State may by order provide that sub-paragraph (4) (b) above shall have effect as if for the period of six years referred to in that paragraph there were substituted such longer period as may be specified in the order.
  (6) The power of the Secretary of State to make an order under sub-paragraph (5) above shall be exercisable by statutory instrument; and any statutory instrument containing such an order shall be subject to annulment in pursuance of a resolution of either House of Parliament.
  (7) The preparation of the second list shall be completed before the day upon which it is first advertised in accordance with paragraph 5 below.
  Advertisement of the first and second lists
  5.—(1) This paragraph makes provision for the advertisement of the first and second lists prepared by a mineral planning authority.
  (2) The mineral planning authority shall advertise each of the first and second lists by causing to be published, in each of two successive weeks, in one or more newspapers circulating in its area, notice of the list having been prepared.
  (3) In respect of each of those lists, such notice shall—

  (a) state that the list has been prepared by the authority; and

  (b) specify one or more places within the area of the authority at which the list may be inspected, and in respect of each such place specify the times (which shall be reasonable times) during which facilities for inspection of the list will be afforded.

  (4) In respect of the first list, such notice shall—

  (a) be first published no later than the day upon which expires the period of three months from the date upon which the provisions of this Schedule come into force;

  (b) explain the general effect of a mineral site being classified as a dormant site or, as the case may be, as an active Phase I site or an active Phase II site;

  (c) explain the consequences which will occur if no application is made under paragraph 9 below in respect of an active Phase I site included in the list by the date specified in the list for that site;

  (d) explain the effects for any dormant or active Phase I or II site not included in the list of its not being included in the list and—

  (i) set out the right to make an application to the authority for that site to be included in the list;

  (ii) set out the date by which such an application must be made; and

  (iii) state that the owner of such a site has a right of appeal against any decision of the authority upon such an application; and

  (e) explain that the owner of an active Phase I site has a right to apply for postponement of the date specified in the list for the making of an application under paragraph 9 below, and set out the date by which an application for such postponement must be made.

  (5) In respect of the second list, such notice shall—

  (a) be first published no later than the day upon which expires the period of three years, or such longer period as the Secretary of State may by order specify, from the date upon which the provisions of this Schedule come into force; and

  (b) explain the consequences which will occur if no application is made under paragraph 9 below in respect of an active Phase II site included in the list by the date specified in the list for that site.

  (6) The power of the Secretary of State to make an order under sub-paragraph (5) above shall be exercisable by statutory instrument; and any statutory instrument containing such an order shall be subject to annulment in pursuance of a resolution of either House of Parliament.
  Applications for inclusion in the first list of sites not included in that list as originally prepared and appeals from decisions upon such applications
  6.—(1) Any person who is the owner of any land, or is entitled to an interest in a mineral, may, if that land or interest is not a mineral site included in the first list and does not form part of any mineral site included in that list, apply to the mineral planning authority for that land or interest to be included in that list.
  (2) An application under sub-paragraph (1) above shall be made no later than the day upon which expires the period of three months from the day when the first list was first advertised in accordance with paragraph 5 above.
  (3) Where the mineral planning authority consider that—

  (a) the land or interest is, or forms part of, any dormant or active Phase I or II site, they shall accede to the application; or

  (b) part only of the land or interest is, or forms part of, any dormant or active Phase I or II site, they shall accede to the application so far as it relates to that part of the land or interest,

  but shall otherwise refuse the application.
  (4) On acceding, whether in whole or in part, to an application made under sub-paragraph (1) above, the mineral planning authority shall amend the first list as follows—

  (a) where they consider that the land or interest, or any part of the land or interest, is a dormant site or an active Phase I or II site, they shall add the mineral site consisting of the land or interest or, as the case may be, that part, to the first list and shall cause the list to indicate whether the site is an active Phase I site, an active Phase II site or a dormant site;

  (b) where they consider that the land or interest, or any part of the land or interest, forms part of any mineral site included in the first list, they shall amend the entry in the first list for that site accordingly.

  (5) Where the mineral planning authority amend the first list in accordance with sub-paragraph (4) above, they shall also—

  (a) in a case where an active Phase I site is added to the first list pursuant to paragraph (a) of that sub-paragraph, cause that list to specify, in respect of that site, the date by which an application is to be made to the mineral planning authority under paragraph 9 below;

  (b) in a case where—

  (i) the entry for an active Phase I site included in the first list is amended pursuant to paragraph (b) of that sub-paragraph; and

  (ii) the date specified in that list in respect of that site as the date by which an application is to be made to the mineral planning authority under paragraph 9 below is a date falling less than 12 months after the date upon which the authority make their decision upon the application in question,

  cause that date to be amended so as to specify instead the date upon which expires the period of 12 months from the date on which the applicant is notified under sub-paragraph (10) below of the authority's decision upon his application.
  (6) Any date specified pursuant to sub-paragraph (5) (a) above shall be a date—

  (a) not earlier than the date upon which expires the period of 12 months from the date on which the applicant is notified under sub-paragraph (10) below of the mineral planning authority's decision upon his application, and

  (b) not later than the later of—

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  (i) the date upon which expires the period of three years from the date upon which the provisions of this Schedule come into force; and

  (ii) the date mentioned in paragraph (a) above.

  (7) On acceding, whether in whole or in part, to an application made under sub-paragraph (1) above, the mineral planning authority shall, if the second list has been first advertised in accordance with paragraph 5 above prior to the time at which they make their decision on the application, amend the second list as follows—

  (a) where they consider that the land or interest, or any part of the land or interest, is an active Phase II site, they shall add the mineral site consisting of the land or interest or, as the case may be, that part, to the second list;

  (b) where they consider that the land or interest, or any part of the land or interest, forms part of any active Phase II site included in the second list, they shall amend the entry in that list for that site accordingly.

  (8) Where the mineral planning authority amend the second list in accordance with sub-paragraph (7) above, they shall also—

  (a) in a case where an active Phase II site is added to the second list pursuant to paragraph (a) of that sub-paragraph, cause that list to specify, in respect of that site, the date by which an application is to be made to the authority under paragraph 9 below;

  (b)in a case where—

  (i) the entry for an active Phase II site included in the second list is amended pursuant to paragraph (b) of that sub-paragraph; and

  (ii) the date specified in that list in respect of that site as the date by which an application is to be made to the authority under paragraph 9 below is a date falling less than 12 months after the date upon which the authority make their decision upon the application in question,

  cause that date to be amended so as to specify instead the date upon which expires the period of 12 months from the date on which the applicant is notified under sub-paragraph (10) below of the authority's decision upon his application.
  (9) Any date specified pursuant to sub-paragraph (8) (a) above shall be a date—

  (a) not earlier than the date upon which expires the period of 12 months from the date on which the applicant is notified under sub-paragraph (10) below of the mineral planning authority's decision upon his application, and

  (b)not later than the later of—

  (i) the date upon which expires the period of six years from the date upon which the provisions of this Schedule come into force; and

  (ii) the date mentioned in paragraph (a) above.

  (10) When a mineral planning authority determine an application made under sub-paragraph (1) above, they shall notify the applicant in writing of their decision and, in a case where they have acceded to the application, whether in whole or in part, shall supply the applicant with details of any amendment to be made to the first or second list in accordance with sub-paragraph (4) or (8) above.
  (11) Where a mineral planning authority—

  (a) refuse an application made under sub-paragraph (1) above; or

  (b) accede to such an application only so far as it relates to part of the land or interest in respect of which it was made,

  the applicant may by notice appeal to the Secretary of State.
  (12) A person who has made such an application may also appeal to the Secretary of State if the mineral planning authority have not given notice to the applicant of their
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  decision on the application within eight weeks of their having received the application or within such extended period as may at any time be agreed upon in writing between the applicant and the authority.
  (13) An appeal under sub-paragraph (11) or (12) above must be made by giving notice of appeal to the Secretary of State before the end of the period of six months beginning with—

  (a) in the case of an appeal under sub-paragraph (11) above, the determination; or

  (b) in the case of an appeal under sub-paragraph (12) above, the end of the period of eight weeks mentioned in that sub-paragraph or, as the case may be, the end of the extended period mentioned in that sub-paragraph.

  Postponement of the date specified in the, irst or second list for review of the permissions relating to a Phase I or II site in cases where the existing conditions are satisfactory
  7.—(1) Any person who is the owner of any land, or of any interest in any mineral, comprised in—

  (a) an active Phase I site included in the first list; or

  (b) an active Phase II site included in the second list,

  may apply to the mineral planning authority for the postponement of the date specified in that list in respect of that site as the date by which an application is to be made to the authority under paragraph 9 below (in this paragraph referred to as "the specified date").
  (2) Subject to sub-paragraph (3) below, an application under sub-paragraph (1) above shall be made no later than the day upon which expires the period of three months from the day when—

  (a) in the case of an active Phase I site, the first list; or

  (b) in the case of an active Phase II site, the second list,

  was first advertised in accordance with paragraph 5 above.
  (3) In the case of—

  (a) an active Phase I site—

  (i) added to the first list in accordance with paragraph 6(4) (a) above; or

  (ii) in respect of which the entry in the first list was amended in accordance with paragraph 6(4) (b) above; or

  (b) an active Phase II site—

  (i) added to the second list in accordance with paragraph 6(7) (a) above; or

  (ii) in respect of which the entry in the second list was amended in accordance with paragraph 6(7) (b) above,

  an application under sub-paragraph (1) above shall be made no later than the day upon which expires the period of three months from the day on which notice was given under paragraph 6(10) above of the mineral planning authority's decision to add the site to or, as the case may be, to so amend the list in question.
  (4) An application under sub-paragraph (1) above shall be in writing and shall—

  (a) set out the conditions to which each relevant planning permission relating to the site is subject;

  (b) set out the applicant's reasons for considering those conditions to be satisfactory;

  (c) set out the date which the applicant wishes to be substituted for the specified date; and

  (d) be accompanied by the appropriate certificate (within the meaning of sub-paragraph (5) or (6) below).

  (5) For the purposes of sub-paragraph (4) above, as respects England and Wales the appropriate certificate is such a certificate—

  (a) as would be required, under section 65 of the 1990 Act (notice etc. of applications for planning permission) and any provision of a development

  1605
  order made by virtue of that section, to accompany the application if it were an application for planning permission for minerals development, but

  (b) with such modifications as are required for the purposes of this paragraph,

  and section 65(6) of that Act (offences) shall also have effect in relation to any certificate purporting to be the appropriate certificate.
  (6) For the purposes of sub-paragraph (4) above, the appropriate certificate is, as respects Scotland, each of the certificates which would be required, under or by virtue of sections 23 and 24 of the 1972 Act (notice etc. of applications for planning permission), to accompany the application if it were an application for planning permission for minerals development, but with such modifications as are required for the purposes of this paragraph; and sections 23(3) and 24(5) of that Act (offences) shall have effect in relation to any certificate purporting to be the appropriate certificate.
  (7) Where the mineral planning authority receive an application made under sub-paragraph (1) above—

  (a) if they consider the conditions referred to in sub-paragraph (4) (a) above to be satisfactory they shall agree to the specified date being postponed in which event they shall determine the date to be substituted for that date;

  (b) in any other case they shall refuse the application.

  (8) Where the mineral planning authority agree to the specified date being postponed they shall cause the first or, as the case may be, the second list to be amended accordingly.
  (9) When a mineral planning authority determine an application made under sub-paragraph (1) above, they shall notify the applicant in writing of their decision and, in a case where they have agreed to the postponement of the specified date, shall notify the applicant of the date which they have determined should be substituted for the specified date.
  (10) Where, within three months of the mineral planning authority having received an application under sub-paragraph (1) above, or within such extended period as may at any time be agreed upon in writing between the applicant and the authority, the authority have not given notice, under sub-paragraph (9) above, to the applicant of their decision upon the application, the authority shall be treated as—

  (a) having agred to the specified date being postponed; and

  (b) having determined that the date referred to in sub-paragraph (4) (c) above be substituted for the specified date,

  and sub-paragraph (8) above shall apply accordingly.
  Service on owners etc. of notice of preparation of the first and second lists
  8.—(1) The mineral planning authority shall, no later than the date upon which the first list is first advertised in accordance with paragraph 5 above, serve notice in writing of the first list having been prepared on each person appearing to them to be the owner of any land, or entitled to an interest in any mineral, included within a mineral site included in the first list, but this sub-paragraph is subject to sub-paragraph (7) below.
  (2) A notice required to be served by sub-paragraph (1) above shall—

  (a) indicate whether the mineral site in question is a dormant site or an active Phase I or II site; and

  (b) where that site is an active Phase I site—

  (i) indicate the date specified in the first list in relation to that site as the date by which an application is to be made to the mineral planning authority under paragraph 9 below;

  (ii) explain the consequences which will occur if such an application is not made by the date so specified; and

  1606

  (iii) explain the right to apply to have that date postponed, and indicate the date by which such an application must be made.

  (3) Where, in relation to any land or mineral included in an active Phase I site, the mineral planning authority—

  (a) has served notice on any person under sub-paragraph (1) above; and

  (b) has received no application under paragraph 9 below from that person by the date falling eight weeks before the date specified in the first list as the date by which such applications should be made in respect of the site in question,

  the authority shall serve a written reminder on that person, and such a reminder shall—

  (i) indicate that the land or mineral in question is included in an active Phase I site;

  (ii) comply with the requirements of sub-paragraph (2) (b) (i) and (ii) above; and

  (iii) be served on that person on or before the date falling four weeks before the date specified in the first list in respect of that site as the date by which an application is to be made to the authority under paragraph 9 below.

  (4) The mineral planning authority shall, no later than the date upon which the second list is first advertised in accordance with paragraph 5 above, serve notice in writing of the second list having been prepared on each person appearing to them to be the owner of any land, or entitled to an interest in any mineral, included within an active Phase II site included in the second list, but this sub-paragraph is subject to sub-paragraph (7) below.
  (5) A notice required to be served by sub-paragraph (4) above shall—

  (a) indicate that the mineral site in question is an active Phase II site; and

  (b) indicate the date specified in the second list in relation to that site as the date by which an application is to be made to the mineral planning authority under paragraph 9 below;

  (c) explain the consequences which will occur if such an application is not made by the date so specified; and

  (d) explain the right to apply to have that date postponed, and indicate the date by which such an application must be made.

  (6) Where, in relation to any land or mineral included in an active Phase II site, the mineral planning authority—

  (a) has served notice on any person under sub-paragraph (4) above; and

  (b) has received no application under paragraph 9 below from that person by the date falling eight weeks before the date specified in the second list as the date by which such applications should be made in respect of the site in question,

  the authority shall serve a written reminder on that person, and such a reminder shall—

  (i) comply with the requirements of sub-paragraph (5) (a) to (c) above; and

  (ii) be served on that person on or before the date falling four weeks before the date specified in the second list in respect of that site as the date by which an application is to be made to the authority under paragraph 9 below.

  (7) Sub-paragraph (1) or (4) above shall not require the mineral planning authority to serve notice under that sub-paragraph upon any person whose identity or address for service is not known to and cannot practicably, after reasonable inquiry, be ascertained by them, but in any such case the authority shall cause to be firmly affixed, to each of one or more conspicuous objects on the land or, as the case may be, on the surface of the land above the interest in

  1607
  question, a copy of the notice which they would (apart from the provisions of this sub-paragraph) have had to serve under that sub-paragraph on the owner of that land or interest.
  (8) If, in a case where sub-paragraph (7) above applies, no person makes an application to the authority under paragraph 9 below in respect of the active Phase I or II site which includes the land or interest in question by the date falling eight weeks before the date specified in the first or, as the case may be, the second list as the date by which such applications should be made in respect of that site, the authority shall cause to be firmly affixed, to each of one or more conspicuous objects on the land or, as the case may be, on the surface of the land above the interest in question, a copy of the written reminder that would, in a case not falling within sub-paragraph (7) above, have been served under sub-paragraph (3) or (6) above.
  (9) Where by sub-paragraph (7) or (8) above a copy of any notice is required to be affixed to an object on any land that copy shall—

  (a) he displayed in such a way as to be easily visible and legible;

  (b) be first displayed—

  (i) in a case where the requirement arises under sub-paragraph (7) above, no later than the date upon which the first or, as the case may be, the second list is first advertised in accordance with paragraph 5 above; or

  (ii) in a case where the requirement arises under sub-paragraph (8) above, no later than the date falling four weeks before the date specified in the first or, as the case may be, the second list in respect of the site in question as the date by which an application is to be made to the authority under paragraph 9 below; and

  (c) be left in position for at least the period of 21 days from the date when it is first displayed, but where the notice is, without fault or intention of the authority, removed, obscured or defaced before that period has elapsed, that requirement shall be treated as having been complied with if the authority has taken reasonable steps for protection of the notice and, if need be, its replacement.

  (10) In sub-paragraphs (7) and (8) above, any reference to a conspicuous object on any land includes, in a case where the person serving a notice considers that there are no or insufficient such objects on the land, a reference to a post driven into or erected upon the land by the person serving the notice for the purpose of having affixed to it the notice in question.
  (11) Where the mineral planning authority, being required—

  (a) by sub-paragraph (3) or (6) above to serve a written reminder on any person; or

  (b) by sub-paragraph (8) above to cause a copy of such a reminder to be displayed in the manner set out in that sub-paragraph,

  fail to comply with that requirement by the date specified for the purpose, they may at any later time serve or, as the case may be, cause to be displayed, such a written reminder and, in any such case, the date by which an application in relation to the mineral site in question is to be made under paragraph 9 below is the date upon which expires the period of three months from the date when the reminder was served or posted in accordance with the provisions of this sub-paragraph.
  Applications for approval of conditions and appeals in cases where the conditions approved are not those proposed
  9.—(1) Any person who is the owner of any land, or who is entitled to an interest in a mineral, may, if that land or mineral is or forms part of a dormant site or an active Phase
  1608
  I or II site, apply to the mineral planning authority to determine the conditions to which the relevant planning permissions relating to that site are to be subject.
  (2) An application under this paragraph shall be in writing and shall—

  (a) identify the mineral site to which the application relates;

  (b) specify the land or minerals comprised in the site of which the applicant is the owner or, as the case may be, in which the applicant is entitled to an interest;

  (c) identify any relevant planning permissions relating to the site;

  (d) identify, and give an address for, each other person that the applicant knows or, after reasonable inquiry, has cause to believe to be an owner of any land, or entitled to any interest in any mineral, comprised in the site;

  (e) set out the conditions to which the applicant proposes the permissions referred to in paragraph (c) above should be subject; and

  (f) be accompanied by the appropriate certificate (within the meaning of sub-paragraph (3) or (4) below).

  (3) For the purposes of sub-paragraph (2) above, as respects England and Wales the appropriate certificate is such a certificate—

  (a) as would be required, under section 65 of the 1990 Act (notice etc. of applications for planning permission) and any provision of a development order made by virtue of that section, to accompany the application if it were an application for planning permission for minerals development, but

  (b) with such modifications as are required for the purposes of this paragraph,

  and section 65(6) of that Act (offences) shall also have effect in relation to any certificate purporting to be the appropriate certificate.
  (4) For the purposes of sub-paragraph (2) above, the appropriate certificate is, as respects Scotland, each of the certificates which would be required, under or by virtue of sections 23 and 24 of the 1972 Act (notice etc. of applications for planning permission), to accompany the application if it were an application for planning permission for minerals development, but with such modifications as are required for the purposes of this paragraph; and sections 23(3) and 24(5) of that Act (offences) shall have effect in relation to any certificate purporting to be the appropriate certificate.
  (5) Section 65 of the 1990 Act or, as respects Scotland, section 24 of the 1972 Act (by virtue of which a development order may provide for publicising applications for planning permission) shall have effect, with any necessary modifications, as if subsection (1) of that section also authorised a development order to provide for publicising applications under this paragraph.
  (6) Where the mineral planning authority receive an application under this paragraph in relation to a dormant site or an active Phase I or II site they shall determine the conditions to which each relevant planning permission relating to the site is to be subject; and any such permission shall, from the date when the conditions to which it is to be subject are finally determined, have effect subject to the conditions which are determined under this Schedule as being the conditions to which it is to be subject.
  (7) The conditions imposed by virtue of a determination under sub-paragraph (6) above—

  (a) may include any conditions which may be imposed on a grant of planning permission for minerals development;

  (b) may he in addition to, or in substitution for, any existing conditions to which the permission in question is subject.

  (8) In determining that a relevant planning permission is to be subject to any condition relating to development for which planning permission is granted by a development order, the mineral planning authority shall have regard to any guidance issued for the purpose by the Secretary of State.
  (9) Subject to sub-paragraph (10) below, where, within the period of three months from the mineral planning authority having received an application under this paragraph, or within such extended period as may at any time be agreed upon in writing between the applicant and the authority, the authority have not given notice to the applicant of their decision upon the application, the authority shall be treated as having at the end of that period or, as the case may be, that extended period, determined that the conditions to which any relevant planning permission to which the application relates is to be subject are those specified in the application as being proposed in relation to that permission; and any such permission shall, from that time, have effect subject to those conditions.
  (10) Where a mineral planning authority, having received an application under this paragraph, are of the opinion that they are unable to determine the application unless further details are supplied to them, they shall within the period of one month from having received the application give notice to the applicant—

  (a) stating that they are of such opinion; and

  (b) specifying the further details which they require,

  and where the authority so serve such a notice the period of three months referred to in sub-paragraph (9) above shall run not from the authority having received the application but from the time when the authority have received all the further details specified in the notice.
  (11) Without prejudice to the generality of sub-paragraph (10) above, the further details which may be specified in a notice under that sub-paragraph include any—

  (a) information, plans or drawings; or

  (b) evidence verifying any particulars of details supplied to the authority in respect of the application in question,

  which it is reasonable for the authority to request for the purpose of enabling them to determine the application.
  Notice of determination of conditions to be accompanied by additional information in certain cases
  10.—(1) This paragraph applies in a case where—

  (a) on an application made to the mineral planning authority under paragraph 9 above in respect of an active Phase I or II site the authority determine under that paragraph the conditions to which the relevant planning permissions relating to the site are to he subject;

  (b) those conditions differ in any respect from the proposed conditions set out in the application; and

  (c) the effect of the conditions, other than any restoration or aftercare conditions, so determined by the authority, as compared with the effect of the conditions, other than any restoration or aftercare conditions, to which the relevant planning permissions in question were subject immediately prior to the authority making the determination, is to restrict working rights in respect of the site.

  (2) In a case where this paragraph applies, the mineral planning authority shall, upon giving to the applicant notice of the conditions determined by the authority under paragraph 9 above, also give to the applicant notice—

  (a) stating that the conditions determined by the authority differ in some respect from the proposed conditions set out in the application;

  (b) stating that the effect of the conditions, other than any restoration or aftercare conditions, determined by the authority, as compared with the effect of the conditions, other than any restoration or aftercare conditions, to which the relevant planning
  1610
  permissions relating to the site in question were subject immediately prior to the making of the authority's determination, is to restrict working rights in respect of the site;

  (c) identifying the working rights so restricted; and

  (d) stating whether, in the opinion of the authority, the effect of that restriction of working rights would be such as to prejudice adversely to an unreasonable degree—

  (i) the economic viability of operating the site; or

  (ii) the asset value of the site.

  (3) In determining whether, in their opinion, the effect of that restriction of working rights would be such as is mentioned in sub-paragraph (2) (d) above, a mineral planning authority shall have regard to any guidance issued for the purpose by the Secretary of State.
  (4) In this paragraph, "the applicant" means the person who made the application in question under paragraph 9 above.
  Right to appeal against mineral planning authority's determination of conditions etc.
  11.—(1) Where the mineral planning authority—

  (a) on an application under paragraph 9 above determine under that paragraph conditions that differ in any respect from the proposed conditions set out in the application; or

  (b) give notice, under paragraph (d) of paragraph 10(2) above, stating that, in their opinion, the restriction of working rights in question would not be such as to prejudice adversely to an unreasonable degree either of the matters referred to in sub-paragraphs (i) and (ii) of the said paragraph (d),

  the person who made the application may appeal to the Secretary of State.
  (2) An appeal under sub-paragraph (1) above must be made by giving notice of appeal to the Secretary of State before the end of the period of six months beginning with the date on which the authority give notice to the applicant of their determination or, as the case may be, stating their opinion.
  Permissions ceasing to have effect
  12.—(1) Subject to paragraph 8(11) above, where no application under paragraph 9 above in respect of an active Phase I or II site has been served on the mineral planning authority by the date specified in the first or, as the case may be, the second list as the date by which applications under that paragraph in respect of that site are to be made, or by such later date as may at any time be agreed upon in writing between the applicant and the authority, each relevant planning permission relating to the site shall cease to have effect, except insofar as it imposes any restoration or aftercare condition, on the day following the last date on which such an application may be made.
  (2) The reference in sub-paragraph (1) above to the date specified in the first or, as the case may be, the second list as the date by which applications under paragraph 9 above are to be made in respect of any Phase I or 11 site is a reference to the date specified for that purpose in respect of that site in that list as prepared by the mineral planning authority or, where that date has been varied by virtue of any provision of this Schedule, to that date as so varied.
  (3) Subject to sub-paragraph (4) below, no relevant planning permission which relates to a dormant site shall have effect to authorise the carrying out of minerals development unless—

  (a) an application has been made under paragraph 9 above in respect of that site; and

  (b) that permission has effect in accordance with sub-paragraph (6) of that paragraph.

  (4) A relevant planning permission which relates to a Phase I or II site not included in the first list shall cease to have effect, except insofar as it imposes any restoration or aftercare condition, on the day following the last date on which an application under sub-paragraph (1) of paragraph 6 above may be made in respect of that site unless an application has been made under that sub-paragraph by that date in which event, unless the site is added to that list, such a permission shall cease to have effect when the following conditions are met—

  (a) the proceedings on that application, including any proceedings on or in consequence of the application under section 288 of the 1990 Act or, as the case may be, section 233 of the 1972 Act, have been determined, and

  (b) any time for appealing under paragraph 5(11) or (12) above, or applying or further applying under paragraph 5(1) above, (where there is a right to do so) has expired.

  Reference of applications to the Secretary of State
  13.—(1) The Secretary of State may give directions requiring applications under paragraph 9 above to any mineral planning authority to be referred to him for determination instead of being dealt with by the authority.
  (2) Any such direction may relate either to a particular application or to applications of a class specified in the direction.
  (3) Where an application is referred to the Secretary of State in accordance with such a direction—

  (a) subject to paragraph (b) below, the following provisions of this Schedule—

  (i) paragraph 9(6) and (7),

  (ii) paragraph 10, and

  (iii) paragraph 14 so far as relating to applications under paragraph 9 above,

  shall apply, with any necessary modifications, as they apply to applications which fall to be determined by the mineral planning authority;

  (b) before determining the application the Secretary of State must, if either the applicant or the mineral planning authority so wish, give each of them an opportunity of appearing before and being heard by a person appointed by the Secretary of State for the purpose; and

  (c) the decision of the Secretary of State on the application shall be final.

  Two or more applicants
  14.—(1) Where a mineral planning authority has received from any person a duly made application under paragraph 7(1) or 9 above—

  (a) that person may not make any further application under the paragraph in question in respect of the same site; and

  (b) if the application has been determined, whether or not in the case of an application under paragraph 9 above it has been finally determined, no other person may make an application under the paragraph in question in respect of the same site.

  (2) Where—

  (a) a mineral planning authority has received from any person in respect of a mineral site a duly made application under paragraph 7(1) or 9 above; and

  (b) the authority receives from another person a duly made application under the paragraph in question in respect of the same site,

  then for the purpose of the determination of the applications and any appeal against such a determination, this Schedule shall have effect as if the applications were a single application received by the authority on the date on which the later application was received by the authority and references to the applicant shall be read as references to either or any of the applicants.
  Compensation
  15.—(l) This paragraph applies in a case where—

  (a) an application made under paragraph 9 above in respect of an active Phase I or II site is finally determined; and

  (b) the requirements of either sub-paragraph (2) or (3) below are satisfied.

  (2) The requirements, referred to in sub-paragraph (1) (b) above, of this sub-paragraph are—

  (a) that the conditions to which the relevant planning permissions relating to the site are to be subject were determined by the mineral planning authority;

  (b) no appeal was made under paragraph 11(1) (a) above in respect of that determination or any such appeal was withdrawn or dismissed; and

  (c) the authority gave notice under paragraph (d) of paragraph 10(2) above and either—

  (i) that notice stated that, in the authority's opinion, the restriction of working rights in question would be such as to prejudice adversely to an unreasonable degree either of the matters referred to in sub-paragraphs (i) and (ii) of the said paragraph (d); or

  (ii) that notice stated that, in the authority's opinion, the restriction in question would not be such as would so prejudice either of those matters but an appeal under paragraph 11(1) above in respect of the giving of the notice has been allowed.

  (3) The requirements, referred to in sub-paragraph (1) (b) above, of this sub-paragraph are that the conditions to which the relevant planning permissions are to be subject were determined by the Secretary of State (whether upon an appeal under paragraph 11(1) (a) above or upon a reference under paragraph 13 above) and—

  (a) in a case where those conditions were determined upon an appeal under paragraph 11(1) (a) above either—

  (i) the mineral planning authority gave notice under paragraph (d) of paragraph 10(2) above stating that, in their opinion, the restriction of working rights in question would be such as to prejudice adversely to an unreasonable degree either of the matters referred to in sub-paragraphs (i) and (ii) of the said paragraph (d), or

  (ii) the authority gave a notice under the said paragraph (d) stating that, in their opinion, the restriction in question would not be such as would so prejudice either of those matters but an appeal under paragraph 11(1) (b) above in respect of the giving of that notice has been allowed; or

  (b) in a case where those conditions were determined upon a reference under paragraph 13 above, the Secretary of State gave notice under paragraph (d) of paragraph 10(2) above stating that, in his opinion, the restriction of working rights in question would be such as to prejudice adversely to an unreasonable degree either of the matters referred to in sub-paragraphs (i) and (ii) of the said paragraph (d).

  (4) In a case to which this paragraph applies—

  (a) as respects England and Wales, Parts IV and XI of the 1990 Act, or

  (b) as respects Scotland, Parts VIII and XI of the 1972 Act,

  shall have effect as if an order made under section 97 of the 1990 Act or, as the case may be, section 42 of the 1972 Act, had been confirmed by the Secretary of State under section 98 of the 1990 Act or, as the case may be, section 42 of the 1972 Act at the time when the application in question was

  1613
  finally determined and, as so confirmed, had effect to modify those permissions to the extent specified in sub-paragraph (5) below.
  (5)For the purposes of sub-paragraph (4) above, the order which is treated by virtue of that sub-paragraph as having been made under section 97 of the 1990 Act or section 42 of the 1972 Act is one whose only effect adverse to the interests of any person having an interest in the land or minerals comprised in the mineral site is to restrict working rights in respect of the site to the same extent as the relevant restriction.
  (6)For the purposes of section 116 of the 1990 Act and section 167A of the 1972 Act and of any regulations made under those sections, the permissions treated as being modified by the order mentioned in sub-paragraph (4) above shall be treated as if they were planning permissions for development which neither consists of nor includes any minerals development.
  Appeals: general procedural provisions
  16.—(1) This paragraph applies to appeals under any of the following provisions of this Schedule—

  (a)paragraph 6(11) or (12) above; or

  (b)paragraph 11(1) above.

  (2) Notice of appeal in respect of an appeal to which this paragraph applies shall be given on a form supplied by or on behalf of the Secretary of State for use for that purpose, and giving, so far as reasonably practicable, the information required by that form.
  (3) Paragraph 6 of Schedule 2 to the 1991 Act (determination of appeals) shall, as respects England and Wales, apply to an appeal to which this paragraph applies as it applies to an appeal under paragraph 5 of that Schedule.
  (4) As respects England and Wales, sections 284 to 288 of the 1990 Act (validity of certain decisions and proceedings for questioning their validity) shall have effect as if the action mentioned in section 284(3) of that Act included any decision of the Secretary of State—

  (a)on an appeal to which this paragraph applies; or

  (b)on an application under paragraph 9 above referred to him under paragraph 13 above.

  (5) Paragraph 6 of Schedule 10A to the 1972 Act (determination of appeals) shall, as respects Scotland, apply to an appeal to which this paragraph applies as it applies to appeals under paragraph 5 of that Schedule.
  (6) As respects Scotland, sections 231 to 233 of the 1972 Act (validity of certain decisions and proceedings for questioning their validity) shall have effect as if the action mentioned in section 231(3) included any decision of the Secretary of State—

  (a)on an appeal to which this paragraph applies; or

  (b)on an application under paragraph 9 above referred to him under paragraph 13 above.

  (7) As respects Scotland, Schedule 7 to the 1972 Act shall apply to appeals to which this paragraph applies.
  222 After Schedule 11, insert the following schedule:—

  'SCHEDULE PERIODIC REVIEW OF MINERAL PLANNING PERMISSIONS
  Duty to carry out periodic reviews
  1. The mineral planning authority shall, in accordance with the provisions of this Schedule, cause periodic reviews to be carried out of the mineral permissions relating to a mining site.
  Interpretation
  2.—(1) For the purposes of this Schedule—
  "first review date", in relation to a mining site, shall, subject to paragraph 5 below, be ascertained in accordance with paragraph 3 below;
  "mineral permission" means any planning permission, other than a planning permission granted by a development order, for minerals development;
  "mineral planning authority"—

  (a)as respects England and Wales, means a mineral planning authority within the meaning of the 1990 Act, and

  (b)as respects Scotland, means a planning authority for the purposes of the 1972 Act;

  "mining site" means—

  (a)in a case where it appears to the mineral planning authority to be expedient to treat as a single site the aggregate of the land to which any two or more mineral permissions relate, the aggregate of the land to which those permissions relate; and

  (b)in any other case, the land to which a mineral permission relates;

  "old mining permission" has the meaning given—

  (a)as respects England and Wales, by section 22(1) of the 1991 Act, and

  (b)as respects Scotland, by section 49H(1) of the 1972 Act; and

  "owner", in relation to any land—

  (a) as respects England and Wales, means any person who—

  (i)is the estate owner in respect of the fee simple, or

  (ii)is entitled to a tenancy granted or extended for a term of years certain of which not less than seven years remains unexpired; and

  (b) as respects Scotland, has the meaning given by paragraph 10(1) of Schedule 10A to the 1972 Act.

  (2) In determining whether it appears to them to be expedient to treat as a single site the aggregate of the land to which two or snore mineral permissions relate a mineral planning authority shall have regard to any guidance issued for the purpose by the Secretary of State.
  (3) Any reference (however expressed) in this Schedule to a mining site being a site to which relates—

  (a)an old mining permission; or

  (b)a mineral permission,

  is a reference to the mining site, or some part of it, being the land to which the permission relates.
  (4) For the purposes of this Schedule, an application made under paragraph 6 below is finally determined when—

  (a)the proceedings on the application, including any proceedings on or in consequence of an application under section 288 of the 1990 Act or section 233 of the 1972 Act, have been determined, and

  (b)any time for appealing under paragraph 9(1) below, or applying or further applying under paragraph 6 below, (where there is a right to do so) has expired.

  The first review date
  3.—(1) Subject to sub-paragraph (7) below, in a case where the mineral permissions relating to a mining site include an old mining permission, the first review date means—

  (a)the date falling fifteen years after the date upon which, pursuant to an application made under paragraph 2 of Schedule 2 to the 1991 Act or, as the case may be, paragraph 2 of Schedule 10A to the 1972 Act, the conditions to which that old mining permission is to be subject are finally determined under that Schedule; or

  (b)where there are two or more old mining permissions relating to that site, and the date upon which those conditions are finally determined is not the same date for each of those permissions, the date falling fifteen years after the date upon which was made the last such final determination to be so made in respect of any of those permissions,

  1615
  and paragraph 10(2) of Schedule 2 to the 1991 Act or, as the case may be, paragraph 10(2) of Schedule 10A to the 1972 Act (meaning of "finally determined") shall apply for the purposes of this sub-paragraph as it applies for the purposes of section 22 of and Schedule 2 to the 1991 Act or, as the case may be, section 49H of and Schedule 10A to the 1972 Act.
  (2) Subject to sub-paragraph (7) below, in the case of a mining site which is a dormant or Phase I or II site within the meaning of Schedule (Review of old mineral planning permissions) to this Act, the first review date means the date falling fifteen years after the date upon which, pursuant to an application made under paragraph 8 of that Schedule, there is determined under that paragraph the conditions to which the relevant planning permissions (within the meaning of that Schedule) relating to the site are to be subject.
  (3) Subject to sub-paragraphs (4) and (7) below, in the case of a mining site—

  (a)which is not a dormant or Phase I or II site within the meaning of Schedule (Review of old mineral planning permissions) to this Act; and

  (b)to which no old mining permission relates,

  the first review date is the date falling fifteen years after the date upon which was granted the most recent mineral permission which relates to the site.
  (4) Where, in the case of a mining site falling within sub-paragraph (3) above, the most recent mineral permission relating to that site relates, or the most recent such permissions (whether or not granted on the same date) between them relate, to part only of the site, and in the opinion of the mineral planning authority it is expedient, for the purpose of ascertaining, under that sub-paragraph, the first review date in respect of that site, to treat that permission or those permissions as having been granted at the same time as the last of the other mineral permissions relating to the site, the first review date for that site shall be ascertained under that sub-paragraph accordingly.
  (5) A mineral planning authority shall, in deciding whether they are of such an opinion as is mentioned in sub-paragraph (4) above, have regard to any guidance issued by the Secretary of State for the purpose.
  (6) Subject to sub-paragraph (7) below, in the case of a mining site—

  (a)to which relates a mineral permission in respect of which an order has been made under section 97 of the 1990 Act or section 42 of the 1972 Act, or

  (b)in respect of which, or any part of which, an order has been made under paragraph 1 of Schedule 9 to the 1990 Act or section 49 of the 1972 Act,

  the first review date shall be the date falling fifteen years after the date upon which the order took effect or, in a case where there is more than one such order, upon which the last of those orders to take effect took effect.
  (7) In the case of a mining site for which the preceding provisions of this paragraph have effect to specify two or more different dates as the first review date, the first review date shall be the latest of those dates.
  Service of notice of first periodic review
  4.—(1) The mineral planning authority shall, in connection with the first periodic review of the mineral permissions relating to a mining site, no later than 12 months before the first review date, serve notice upon each person appearing to them to be the owner of any land, or entitled to an interest in any mineral, included in that site.
  (2) A notice required to be served under sub-paragraph (1) above shall—

  (a)specify the mining site to which it relates;

  (b)identify the mineral permissions relating to that site;

  (c)state the first review date;

  (d)state that the first review date is the date by which an application must be made for approval of the conditions to which the mineral permissions
  1616
  relating to the site are to be subject and explain the consequences which will occur if no such application is made by that date; and

  (e)explain the right to apply for postponement of the first review date and give the date by which such an application has to be made.

  (3) Where, in relation to any land or mineral included in a mining site, the mineral planning authority—

  (a)has served notice on any person under sub-paragraph (1) above; and

  (b)has received no application under paragraph 6 below from that person by the date falling eight weeks before the first review date,

  the authority shall serve a written reminder on that person.
  (4) A reminder required to be served under sub-paragraph (3) above shall—

  (a)indicate that the land or mineral in question is included in a mining site;

  (b)comply with the requirements of sub-paragraph (2) (a) to (d) above; and

  (c)be served on the person in question on or before the date falling four weeks before the first review date.

  (5) Sub-paragraph (1) above shall not require the mineral planning authority to serve notice under that sub-paragraph upon any person whose identity or address for service is not known to and cannot practicably, after reasonable inquiry, be ascertained by them, but in any such case the authority shall cause to be firmly affixed, to each of one or more conspicuous objects on the land or, as the case may be, on the surface of the land above the interest in question, a copy of the notice which they would (apart from the provisions of this sub-paragraph) have had to serve under that sub-paragraph on the owner of that land or interest.
  (6) If, in a case where sub-paragraph (5) above applies, no person makes an application to the authority under paragraph 6 below in respect of the mining site which includes the land or interest in question by the date falling eight weeks before the first review date, the authority shall cause to be firmly affixed, to each of one or more conspicuous objects on the land or, as the case may be, on the surface of the land above the interest in question, a copy of the written reminder that would, in a case not falling within sub-paragraph (5) above, have been served under sub-paragraph (3) above.
  (7) Where by sub-paragraph (5) or (6) above a copy of any notice is required to be affixed to an object on any land that copy shall—

  (a) be displayed in such a way as to be easily visible and legible;

  (b) be first displayed—

  (i)in a case where the requirement arises under sub-paragraph (5) above, no later than 12 months before the first review date; or

  (ii)in a case where the requirement arises under sub-paragraph (6) above, no later than the date falling four weeks before the first review date; and

  (c) be left in position for at least the period of 21 days from the date when it is first displayed, but where the notice is, without fault or intention of the authority, removed, obscured or defaced before that period has elapsed, that requirement shall be treated as having been complied with if the authority has taken reasonable steps for protection of the notice and, if need be, its replacement.

  (8) In sub-paragraphs (5) and (6) above, any reference to a conspicuous object on any land includes, in a case where the person serving a notice considers that there are no or insufficient such objects on the land, a reference to a post driven into or erected upon the land by the person serving the notice for the purpose of having affixed to it a copy of the notice in question.
  Application for postponement of the first review date
  5.—(1) Any person who is the owner of any land, or of any interest in any mineral, comprised in a mining site may, no later than the day upon which expires the period of three months from the day upon which notice was served upon him under paragraph 4 above, apply under this paragraph to the mineral planning authority for the postponement of the first review date.
  (2) An application under this paragraph shall be in writing and shall set out—

  (a)the conditions to which each mineral permission relating to the site is subject;

  (b)the applicant's reasons for considering those conditions to be satisfactory; and

  (c)the date which the applicant wishes to have substituted for the first review date.

  (3) Where the mineral planning authority receive an application made under this paragraph—

  (a)if they consider the conditions referred to in sub-paragraph (2) (a) above to be satisfactory they shall agree to the first review date being postponed in which event they shall determine the date to be substituted for that date;

  (b)in any other case they shall refuse the application.

  (4) When a mineral planning authority determine an application made under this paragraph, they shall notify the applicant in writing of their decision and, in a case where they have agreed to the postponement of the first review date, shall notify the applicant of the date which they have determined should be substituted for the first review date.
  (5) Where, within the period of three months of the mineral planning authority having received an application under this paragraph, or within such extended period as may at any time be agreed upon in writing between the applicant and the authority, the authority have not given notice, under sub-paragraph (4) above, to the applicant of their decision upon the application, the authority shall be treated as having, at the end of that period or, as the case may be, that extended period—

  (a)agreed to the first review date being postponed; and

  (b)determined that the date referred to in sub-paragraph (2) (c) above be substituted for the first review date.

  Application to determine the conditions to which the mineral permissions relating to a mining site are to be subject
  6.—(1) Any person who is the owner of any land, or who is entitled to an interest in a mineral, may, if that land or mineral is or forms part of a mining site, apply to the mineral planning authority to determine the conditions to which the mineral permissions relating to that site are to he subject.
  (2) An application under this paragraph shall be in writing and shall—

  (a)identify the mining site in respect of which the application is made and state that the application is made in connection with the first periodic review of the mineral permissions relating to that site;

  (b)specify the land or minerals comprised in the site of which the applicant is the owner or, as the case may be, in which the applicant is entitled to an interest;

  (c)identify the mineral permissions relating to the site;

  (d)identify, and give an address for, each other person that the applicant knows or, after reasonable inquiry, has cause to believe to be an owner of any land, or entitled to any interest in any mineral, comprised in the site;

  (e)set out the conditions to which the applicant proposes the permissions referred to in paragraph (c) above should be subject; and

  1618

  (f) be accompanied by the appropriate certificate (within the meaning of sub-paragraph (3) or (4) below).

  (3) For the purposes of sub-paragraph (2) above, as respects England and Wales the appropriate certificate is such a certificate—

  (a)as would be required, under section 65 of the 1990 Act and any provision of a development order made by virtue of that section, to accompany the application if it were an application for planning permission for minerals development, but

  (b)with such modifications as are required for the purposes of this paragraph,

  and section 65(6) of the 1990 Act shall also have effect in relation to any certificate purporting to be the appropriate certificate.
  (4) For the purposes of sub-paragraph (2) above, the appropriate certificate is, as respects Scotland, each of the certificates which would be required, under or by virtue of sections 23 and 24 of the 1972 Act (notice etc. of applications for planning permission), to accompany the application if it were an application for planning permission for minerals development, but with such modifications as are required for the purposes of this paragraph; and sections 23(3) and 24(5) of that Act (offences) shall have effect in relation to any certificate purporting to be the appropriate certificate.
  (5) Where the mineral planning authority receive an application under this paragraph in relation to a mining site they shall determine the conditions to which each mineral permission relating to the site is to be subject.
  (6) The conditions imposed by virtue of a determination under sub-paragraph (5) above—

  (a)may include any conditions which may be imposed on a grant of planning permission for minerals development;

  (b)may be in addition to, or in substitution for, any existing conditions to which the permission in question is subject.

  (7) In determining that a mineral permission is to be subject to any condition relating to development for which planning permission is granted by a development order, the mineral planning authority shall have regard to any guidance issued for the purpose by the Secretary of State.
  (8) Subject to sub-paragraph (9) below, where, within the period of three months of the mineral planning authority having received an application under this paragraph, or within such extended period as may at any time be agreed upon in writing between the applicant and the authority, the authority have not given notice to the applicant of their decision upon the application, the authority shall be treated as having at the end of that period or, as the case may be, that extended period, determined that the conditions to which any mineral permission to which the application relates is to be subject are those specified in the application as being proposed in relation to that permission; and any such permission shall, from that time, have effect subject to those conditions.
  (9) Where a mineral planning authority, having received an application under this paragraph, are of the opinion that they are unable to determine the application unless further details are supplied to them, they shall within the period of one month from having received the application give notice to the applicant—

  (a)stating that they are of such opinion; and

  (b)specifying the further details which they require,

  and where the authority so serve such a notice the period of three months referred to in sub-paragraph (8) above shall run not from the authority having received the application but from the time when the authority have received all the further details specified in the notice.
  (10) Without prejudice to the generality of sub-paragraph (9) above, the further details which may be specified in a notice under that sub-paragraph include any—

  1619

  (a)information, plans or drawings; or

  (b)evidence verifying any particulars of details supplied to the authority in respect of the application in question,

  which it is reasonable for the authority to request for the purpose of enabling them to determine the application.
  Permissions ceasing to have effect
  7. Where no application under paragraph 6 above in respect of a mining site has been served on the mineral planning authority by the first review date, or by such later date as may at any time be agreed upon in writing between the applicant and the authority, each mineral permission—

  (a)relating to the site; and

  (b)identified in the notice served in relation to the site under paragraph 4 above,

  shall cease to have effect, except insofar as it imposes any restoration or aftercare condition, on the day following the first review date or, as the case may be, such later agreed date.
  Reference of applications to the Secretary of State
  8.—(1) The Secretary of State may give directions requiring applications made under paragraph 6 above to any mineral planning authority to be referred to him for determination instead of being dealt with by the authority.
  (2)A direction under sub-paragraph (1) above may relate either to a particular application or to applications of a class specified in the direction.
  (3)Where an application is referred to the Secretary of State in accordance with a direction under sub-paragraph (1) above—

  (a)subject to paragraph (b) below, paragraph 6(5) and (6) above, and paragraph 11 below so far as relating to applications under paragraph 6 above, shall apply, with any necessary modifications, to his determination of the application as they apply to the determination of applications by the mineral planning authority;

  (b)before determining the application the Secretary of State must, if either the applicant or the mineral planning authority so wish, give each of them an opportunity of appearing before and being heard by a person appointed by the Secretary of State for the purpose; and

  (c)the decision of the Secretary of State on the application shall be final.

  Appeals
  9.—(1) Where on an application under paragraph 6 above the mineral planning authority determine conditions that differ in any respect from the proposed conditions set out in the application, the applicant may appeal to the Secretary of State.
  (2)An appeal under sub-paragraph (1) above must be made by giving notice of appeal to the Secretary of State, before the end of the period of six months beginning with the determination, on a form supplied by or on behalf of the Secretary of State for use for that purpose, and giving, so far as reasonably practicable, the information required by that form.
  (3)Paragraph 6 of Schedule 2 to the 1991 Act (determination of appeals) shall, as respects England and Wales, apply to appeals under sub-paragraph (1) above as it applies to appeals under paragraph 5 of that Schedule.
  (4)As respects England and Wales, sections 284 to 288 of the 1990 Act shall have effect as if the action mentioned in section 284(3) of that Act included any decision of the Secretary of State—

  (a)on an appeal under sub-paragraph (1) above; or

  (b)on an application under paragraph 6 above referred to him under paragraph 8 above.

  (5) Paragraph 6 of Schedule 10A to the 1972 Act (determination of appeals) shall, as respects Scotland, apply to appeals under sub-paragraph (1) above as it applies to appeals under paragraph 5 of that Schedule.
  (6) As respects Scotland, sections 231 to 233 of the 1972 Act shall have effect as if the action mentioned in section 231(3) included any decision of the Secretary of State—

  (a)on an appeal under sub-paragraph (1) above; or

  (b)on an application under paragraph 6 above referred to him under paragraph 8 above.

  (7) As respects Scotland, Schedule 7 to the 1972 Act shall apply to appeals under sub-paragraph (1) above.
  Time from which conditions determined under this Schedule are to take effect
  10.—(1) Where an application has been made under paragraph 6 above in respect of a mining site, each of the mineral permissions relating to the site shall, from the time when the application is finally determined, have effect subject to the conditions to which it is determined under this Schedule that that permission is to be subject.
  (2) Sub-paragraph (1) above is without prejudice to paragraph 6(8) above.
  Two or more applicants
  11.—(1) Where a mineral planning authority have received from any person a duly made application under paragraph 5 or 6 above—

  (a)that person may not make any further application under the paragraph in question in respect of the same site; and

  (b)if the application has been determined, whether or not in the case of an application under paragraph 6 above it has been finally determined, no other person may make an application under the paragraph in question in respect of the same site.

  (2) Where—

  (a)a mineral planning authority have received from any person in respect of a mineral site a duly made application under paragraph 5 or 6 above; and

  (b)the authority receives from another person a duly made application under the paragraph in question in respect of the same site,

  then for the purpose of the determination of the applications and any appeal against such a determination, this Schedule shall have effect as if the applications were a single application received by the authority on the date on which the later application was received by the authority and references to the applicant shall be read as references to either or any of the applicants.
  Second and subsequent periodic reviews
  12.—(1) In this paragraph, in relation to a mining site, but subject to paragraph 5 above as applied by sub-paragraph (2) below, "review date" means—

  (a)in the case of the second periodic review, the date falling fifteen years after the date upon which was finally determined an application made under paragraph 6 above in respect of the site; and

  (b)in the case of subsequent periodic reviews, the date falling fifteen years after the date upon which there was last finally determined under this Schedule an application made in respect of that site under paragraph 6 above as applied by sub-paragraph (2) below.

  (2) Paragraphs 4 to 11 above shall apply in respect of the second or any subsequent periodic review of the mineral permissions relating to a mining site as they apply to the first such periodic review, but as if—

  (a)any reference in those paragraphs to the "first review date" were a reference to the review date; and

  (b)the references in paragraphs 4(1) and 6(2) (a) above to the first periodic review were references to the periodic review in question.

  Compensation
  13.—(1) This paragraph applies where—

  (a)an application made under paragraph 6 above in respect of a mining site is finally determined; and

  (b)the conditions to which the mineral permissions relating to the site are to be subject, as determined under this Schedule, differ in any respect from the proposed conditions set out in the application; and

  (c)the effect of the new conditions, except insofar as they are restoration or aftercare conditions, as compared with the effect of the existing conditions, except insofar as they were restoration or aftercare conditions, is to restrict working rights in respect of the site.

  (2) For the purposes of this paragraph—
  "the new conditions", in relation to a mining site, means the conditions, determined under this Schedule, to which the mineral permissions relating to the site are to be subject; and
  "the existing conditions", in relation to a mining site, means the conditions to which the mineral permissions relating to the site were subject immediately prior to the final determination of the application made under paragraph 6 above in respect of that site.
  (3) For the purposes of this paragraph, working rights are restricted in respect of a mining site if any of—

  (a)the size of the area which may be used for the winning and working of minerals or the depositing of mineral waste;

  (b)the depth to which operations for the winning and working of minerals may extend;

  (c)the height of any deposit of mineral waste;

  (d)the rate at which any particular mineral may be extracted;

  (e)the rate at which any particular mineral waste may be deposited;

  (f)the period at the expiry of which any winning or working of minerals or depositing of mineral waste is to cease; or

  (g)the total quantity of minerals which may be extracted from, or of mineral waste which may be deposited on, the site,

  is restricted or reduced in respect of the mining site in question.
  (4) In a case to which this paragraph applies, but subject to sub-paragraph (7) below, as respects England and Wales, Parts IV and XI of the 1990 Act and, as respects Scotland, Parts VIII and XI of the 1972 Act, shall have effect as if an order made under section 97 of the 1990 Act or, as the case may be, section 42 of the 1972 Act—

  (a)had been confirmed by the Secretary of State under section 98 of the 1990 Act or, as the case may be, section 42 of the 1972 Act at the time when the application in question was finally determined; and

  (b)as so confirmed, had effect to modify those permissions to the extent specified in sub-paragraph (6) below.

  (5) For the purposes of this paragraph, the order referred to in sub-paragraph (6) above is one whose only effect adverse to the interests of any person having an interest in the land or minerals comprised in the mineral site is to restrict working rights in respect of the site to the same extent as the relevant restriction.
  (6) For the purposes of section 116 of the 1990 Act and section 167A of the 1972 Act and of any regulations made under those sections, the permissions treated as being modified by the order mentioned in sub-paragraph (4) above shall be treated as if they were planning permissions for development which neither consists of nor includes any minerals development.'.
  223 Schedule 12, page 181, leave out lines 37 to 39 and insert:
  '13. For section 14 of that Act (gratings) there shall be substituted—
  "Screens.
  14.—(1) This section applies in any case where—

  (a)by means of any conduit or artificial channel, water is diverted from waters frequented by salmon or migratory trout; and

  (b)any of the water so diverted is used for the purposes of a water or canal undertaking or for the purposes of any mill or fish farm;

  and in this section "the responsible person" means the owner of the water or canal undertaking or (as the case may be) the occupier of the mill or the owner or occupier of the fish farm.
  (2) Where this section applies, the responsible person shall, unless an exemption from the obligation is granted by the Agency, ensure (at his own cost) that there is placed and maintained at the entrance of, or within, the conduit or channel a screen which—

  (a)subject to subsection (4) below, prevents the descent of the salmon or migratory trout; and

  (b)in a case where any of the water diverted is used for the purposes of a fish farm, prevents the egress of farmed fish from the fish farm by way of the conduit or channel.

  (3) Where this section applies, the responsible person shall also, unless an exemption from the obligation is granted by the Agency, ensure (at his own cost) that there is placed and maintained across any outfall of the conduit or channel a screen which—

  (a)prevents salmon or migratory trout from entering the outfall; and

  (b)in a case where any of the water diverted is used for the purposes of a fish farm, prevents the egress of farmed fish from the fish farm by way of the outfall.

  (4) Where a screen is placed within any conduit or channel pursuant to subsection (2) above, the responsible person shall ensure that a continuous by-wash is provided immediately upstream of the screen, by means of which salmon or migratory trout may return by as direct a route as practicable to the waters from which they entered the conduit or channel (and accordingly nothing in subsection (2) or (3) above applies in relation to a by-wash provided for the purposes of this subsection).
  (5) Any screen placed, or by-wash provided, in pursuance of this section shall be so constructed and located as to ensure, so far as reasonably practicable, that salmon or migratory trout are not injured or damaged by it.
  (6) No such screen shall be so placed as to interfere with the passage of boats on any navigable canal.
  (7) Any exemption under subsection (2) or (3) above may be granted subject to conditions.
  (8) If any person who is required to do so by this section fails to ensure that a screen is placed or maintained, or that a by-wash is provided, in accordance with the provisions of this section, he shall be guilty of an offence.
  (9) In any proceedings for an offence under subsection (8) above, it shall, subject to subsection (10) below, be a defence for the person charged to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence by himself or a person under his control.
  (10) If in any case the defence provided by subsection (9) above involves the allegation that the commission of the offence was due to an act or default of another person, or to reliance on information supplied by

  1623
  another person, the person charged shall not, without leave of the court, be entitled to rely on that defence unless—

  (a)at least seven clear days before the hearing, and

  (b)where he has previously appeared before a court in connection with the alleged offence, within one month of his first such appearance,

  he has served on the prosecutor a notice in writing giving such information identifying or assisting in the identification of that other person as was then in his possession.
  (11) Any reference in subsection (10) above to appearing before a court includes a reference to being brought before a court.
  (12)The obligations imposed by subsections (2) to (6) above, except so far as relating to farmed fish, shall not be in force during such period (if any) in each year as may be prescribed by byelaw.
  (13)The obligations imposed by subsections (2) to (6) above on the occupier of a mill shall apply only where the conduit or channel was constructed on or after 18th July 1923.
  (14)Any reference in this section to ensuring that a screen is placed and maintained includes, in a case where the screen takes the form of apparatus the operation of which prevents the passage of fish of the descriptions in question, a reference to ensuring that the apparatus is kept in continuous operation.
  (15)In this section "by-wash" means a passage through which water flows.".'.
  224 Page 181, line 42, leave out 'in subsection (1),' and insert 'for the word "grating" or "gratings", wherever occurring (including in the side-note), there shall be substituted respectively the word "screen" or "screens".
  (1A) In subsection (1) of that section (placing of gratings, deepening of channels etc.)'.
  225 Page 181, line 49, at end insert:
  '(3) At the end of that section there shall be added—
  "(5) In this section "open", in relation to a screen which consists of apparatus, includes the doing of anything which interrupts, or otherwise interferes with, the operation of the apparatus.".'.
  226 Page 182, line 19, at end insert:
  '16A. In section 30 of that Act, the paragraph defining "fish farm" (which is superseded by amendments made by this Schedule) shall be omitted.'.
  227 Page 182, line 33, at end insert:
  '17A. After subsection (1A) of section 39 of that Act (application of Act to River Esk in Scotland) there shall be inserted—
  "(1B) Sections 31 to 34 and 36(2) of this Act shall, subject to the modifications set out in subsection (1C) below, apply throughout the catchment area of the River Esk in Scotland but a water bailiff shall exercise his powers under those sections as so applied only in relation to an offence—

  (a) against this Act;

  (b) against section 1 of the Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951; or

  (c) which is deemed to be an offence under this Act by virtue of section 211(6) of the Water Resources Act 1991,

  which he has reasonable cause to suspect has been committed in a place to which this Act applies by virtue of subsection (1) (b) above.
  (1C) The modifications referred to in subsection (1B) above are—

  (a) references in sections 31 to 34 of this Act to "this Act" shall be construed as including references to section 1 of the Salmon and
  1624
  Freshwater Fisheries (Protection) (Scotland) Act 1951 (as applied to the River Esk by section 21 of that Act); and

  (b) in section 33—

  (i) references to a justice of the peace shall be construed as including references to a sheriff; and

  (ii) in subsection (2), the reference to an information on oath shall be construed as including a reference to evidence on oath.".

  17B. In section 41(1) of that Act (general definitions) the following definitions shall be inserted at the appropriate places, that is to say—

  (a) ""fish farm" has the same meaning as in the Diseases of Fish Act 1937;"; and

  (b) ""screen" means a grating or other device which, or any apparatus the operation of which, prevents—

  (a) the passage of salmon or migratory trout, and

  (b) if the screen is required in connection with a fish farm, the passage of any fish farmed at that fish farm,

  or any combination of devices or apparatus which, taken together, achieve that result;";
  and the definition of "grating" shall be omitted.
  17C. In subsection (3) of section 43 of that Act (extent of Act to Scotland), after the words "(IA)" there shall be inserted the words ", (1B), (1C)".'.
  228 Page 183, line 10, at end insert:
  '(2) In sub-paragraph (3) (c) of that paragraph (byelaws for the purpose of determining for the purposes of the Salmon and Freshwater Fisheries Act 1975 the period of the year during which gratings need not be maintained) for the word "gratings" there shall be substituted the word "screens".'.
  229 Schedule 13, page 187, line 13, leave out from 'person' to 'shall' in line 14.
  230 Page 187, line 16, after 'mine' insert 'or an abandoned part of a mine'.
  231 Page 187, line 17, leave out 'if the mine in question became an abandoned mine' and insert 'to the owner or former operator of any mine or part of a mine if the mine or part in question became abandoned'.
  232 Page 187, line 18, at end insert:
  '(4A) In determining for the purposes of subsection (4) above whether a mine or part of a mine became abandoned before, on or after 31st December 1999 in a case where the mine or part has become abandoned on two or more occasions, of which—

  (a) at least one falls on or before that date, and

  (b) at least one falls after that date,

  the mine or part shall be regarded as becoming abandoned after that date (but without prejudice to the operation of subsection (3) above in relation to that mine or part at, or in relation to, any time before the first of those occasions which falls after that date).
  (4B) Where, immediately before a part of a mine becomes abandoned, that part is the only part of the mine not falling to be regarded as abandoned for the time being, the abandonment of that part shall not be regarded for the purposes of subsection (4) or (4A) above as constituting the abandonment of the mine, but only of that part of it.'.
  233 Page 187. leave out lines 38 and 39.
  234 After Schedule 16, insert the following Schedule:—

  'SCHEDULE
  Delegation of appellate functions of the Secretary of State Section
  Interpretation
  1. In this Schedule—
  "appointed person" means a person appointed under section 96(1) (a) of this Act; and
  "appointment", in the case of any appointed person, means appointment under section 96(1) (a) of this Act.
  Appointments
  2. An appointment under section 96(1) (a) of this Act must be in writing and—

  (a) may relate to any particular appeal, matters or questions specified in the appointment or to appeals, matters or questions of a description so specified;

  (b) may provide for any function to which it relates to be exercisable by the appointed person either unconditionally or subject to the fulfilment of such conditions as may be specified in the appointment; and

  (c) may, by notice in writing given to the appointed person, be revoked at any time by the Secretary of State in respect of any appeal, matter or question which has not been determined by the appointed person before that time.

  Powers of appointed person
  3. Subject to the provisions of this Schedule, an appointed person shall, in relation to any appeal, matter or question to which his appointment relates, have the same powers and duties as the Secretary of State, other than—

  (a) any function of making regulations;

  (b) any function of holding an inquiry or other hearing or of causing an inquiry or other hearing to be held; or

  (c) any function of appointing a person for the purpose—

  (i) of enabling persons to appear before and be heard by the person so appointed; or

  (ii) of referring any question or matter to that person.

  Holding of local inquiries and other hearings by appointed Persons
  4.—(1) If either of the parties to an appeal, matter or question expresses a wish to appear before and be heard by the appointed person, the appointed person shall give both of them an opportunity of appearing and being heard.
  (2) Whether or not a party to an appeal, matter or question has asked for an opportunity to appear and be heard, the appointed person—

  (a) may hold a local inquiry or other hearing in connection with the appeal, matter or question, and

  (b) shall, if the Secretary of State so directs, hold a local inquiry in connection with the appeal, matter or question,

  but this sub-paragraph is subject to sub-paragraph (3) below.
  (3) No local inquiry shall be held by virtue of this Schedule in connection with an appeal under—

  (a) section 42B(5) of the Control of Pollution Act 1974,

  (b) section 22(5), 66(5) or 78LB(3) of the Environmental Protection Act 1990, or

  (c) section 191B(5) of the Water Resources Act 1991,

  (appeals against decisions that information is not commercially confidential), or any matter involved in such an appeal, and any hearing held by virtue of this Schedule in connection with any such appeal or matter must be held in private.
  (4) Where an appointed person holds a local inquiry or other hearing by virtue of this Schedule, an assessor may be appointed by the Secretary of State to sit with the appointed
  1626
  person at the inquiry or hearing and advise him on any matters arising, notwithstanding that the appointed person is to determine the appeal, matter or question.
  (5) Subject to paragraph 5 below, the costs of a local inquiry held under this Schedule shall be defrayed by the Secretary of State.
  Local inquiries under this Schedule: evidence and costs
  5.—(1) In relation to England and Wales, subsections (2) to (5) of section 250 of the Local Government Act 1972 (local inquiries: evidence and costs) shall apply to local inquiries or other hearings held under this Schedule by an appointed person as they apply to inquiries caused to be held under that section by a Minister, but with the following modifications, that is to say—

  (a) with the substitution in subsection (2) (evidence) for the reference to the person appointed to hold the inquiry of a reference to the appointed person;

  (b) with the substitution in subsection (4) (recovery of costs of holding the inquiry) for the references to the Minister causing the inquiry to be held of references to the Secretary of State;

  (c) taking the reference in that subsection to a local authority as including the Agency; and

  (d) with the substitution in subsection (5) (orders as to the costs of the parties) for the reference to the Minister causing the inquiry to be held of a reference to the appointed person or the Secretary of State.

  (2) In relation to Scotland, subsections (3) to (8) of section 210 of the Local Government (Scotland) Act 1973 (which relate to the costs of and holding of local inquiries) shall apply to local inquiries or other hearings held under this Schedule as they apply to inquiries held under that section, but with the following modifications, that is to say—

  (a) with the substitution in subsection (3) (notice of inquiry) for the reference to the person appointed to hold the inquiry of a reference to the appointed person;

  (b) with the substitution in subsection (4) (evidence) for the reference to the person appointed to hold the inquiry and, in paragraph (b), the reference to the person holding the inquiry of references to the appointed person;

  (c) with the substitution in subsection (6) (expenses of witnesses etc.) for the references to the Minister causing the inquiry to he held of a reference to the appointed person or the Secretary of State;

  (d) with the substitution in subsection (7) (expenses) for the references to the Minister of references to the appointed person or the Secretary of State;

  (e) with the substitution in subsection (7A) (recovery of entire administrative expense)—

  (i) for the first reference to the Minister of a reference to the appointed person or the Secretary of State;

  (ii) in paragraph (a), for the reference to the Minister of a reference to the Secretary of State; and

  (iii) in paragraph (h), for the reference to the Minister holding the inquiry of a reference to the Secretary of State;

  (f) with the substitution in subsection (7B) (power to prescribe daily amount)—

  (i) for the first reference to the Minister of a reference to the Secretary of State;

  (ii) in paragraphs (a) and (c). for the references to the person appointed to hold the inquiry of references to the appointed person: and

  (iii) in paragraph (d), for the reference to the Minister of a reference to the appointed person or the Secretary of State; and

  1627

  (g) with the substitution in subsection (8) (certification of expenses) for the reference to the Minister, the reference to him and the reference to the Crown of references to the appointed person or the Secretary of State.

  Revocation of appointments and making of new Appointments
  6.—(1) Where under paragraph 2(c) above the appointment of the appointed person is revoked in respect of any appeal, matter or question, the Secretary of State shall, unless he proposes to determine the appeal, matter or question himself, appoint another person under section 96(1) (a) of this Act to determine the appeal, matter or question instead.
  (2) Where such a new appointment is made, the consideration of the appeal, matter or question, or any hearing in connection with it, shall be begun afresh.
  (3) Nothing in sub-paragraph (2) above shall require any person to be given an opportunity of making fresh representations or modifying or withdrawing any representations already made.
  Certain acts and omissions of appointed person to be treated as those of the Secretary of State
  7.—(1) Anything done or omitted to be done by an appointed person in, or in connection with, the exercise or purported exercise of any function to which the appointment relates shall be treated for all purposes as done or omitted to be done by the Secretary of State in his capacity as such.
  (2) Sub-paragraph (1) above shall not apply—

  (a) for the purposes of so much of any contract made between the Secretary of State and the appointed person as relates to the exercise of the function; or

  (b) for the purposes of any criminal proceedings brought in respect of anything done or omitted to be done as mentioned in that sub-paragraph.'.

  235 Schedule 17, page 195, line 25, at end insert:
  'Part I
  Enactments relating to England and Wales'.
  236 Page 197, line 36, at end insert:
  'Part II
  Enactments relating to Scotland
  The Sewerage (Scotland) Act 1968
  For section 55 of the Sewerage (Scotland) Act 1968 (Crown application) there shall be substituted—
  "Application of Act to Crown.
  55.—(1) Subject to the provisions of this section, this Act shall bind the Crown.
  (2) No contravention by the Crown of any provision made by or under this Act shall make the Crown criminally liable; but the Court of Session may, on the application of a sewerage authority, declare unlawful any act or omission of the Crown which constitutes such a contravention.
  (3) Notwithstanding anything in subsection (2) above, any provision made by or under this Act shall apply to persons in the public service of the Crown as it applies to other persons.
  (4) If the Secretary of State certifies that it appears to him, as respects any Crown premises and any powers of entry exercisable in relation to them specified in the certificate, that it is requisite or expedient that, in the interests of national security, the powers should not be exercisable in relation to those premises, those powers shall not be exercisable in relation to those premises.
  (5) Nothing in this section shall be taken as in any way affecting Her Majesty in her private capacity.
  (6) In this section "Crown premises" means premises held by or on behalf of the Crown.".'.
  237 Page 198, line 9, at end insert:
  'The Water (Scotland) Act 1980
  . After section 110 of the Water (Scotland) Act 1980 there shall be inserted—
  "Application of Act to Crown.
  110A.—(1) Subject to the provisions of this section, this Act shall bind the Crown.
  (2) No contravention by the Crown of any provision made by or under this Act shall make the Crown criminally liable; but the Court of Session may, on the application of a water authority, declare unlawful any act or omission of the Crown which constitutes such a contravention.
  (3) Notwithstanding anything in subsection (2) above, any provision made by or under this Act shall apply to persons in the public service of the Crown as it applies to other persons.
  (4) If the Secretary of State certifies that it appears to him, as respects any Crown premises and any powers of entry exercisable in relation to them specified in the certificate, that it is requisite or expedient that, in the interests of national security, the powers should not be exercisable in relation to those premises, those powers shall not be exercisable in relation to those premises.
  (5) Nothing in this section shall be taken as in any way affecting Her Majesty in her private capacity.
  (6) Subject to subsections (4) and (5) above, the powers conferred by sections 16 to 18 above shall be exercisable in relation to land in which there is a Crown interest only with the consent of the appropriate authority.
  (7) In this section—
  "the appropriate authority" has the same meaning as it has in section 253(7) of the Town and Country Planning (Scotland) Act 1972;
  "Crown interest" means an interest belonging to Her Majesty in right of the Crown, or belonging to a government department or held in trust for Her Majesty for the purposes of a government department;
  "Crown premises" means premises held by or on behalf of the Crown.
  (8) The provisions of subsection (7) of section 253 of the Town and Country Planning (Scotland) Act 1972 (questions relating to Crown application) as to the determination of questions shall apply for the purposes of this section.".
  The Local Government etc. (Scotland) Act 1994
  After section 125 of the Local Government etc. (Scotland) Act 1994 there shall be inserted—
  "Application of Part II to Crown.
  125A.—(1) Subject to the provisions of this section, this Part of this Act shall bind the Crown.
  (2) No contravention by the Crown of any provision made by or under this Part of this Act shall make the Crown criminally liable; but the Court of Session may, on the application of a new water and sewerage authority, declare unlawful any act or omission of the Crown which constitutes such a contravention.
  (3) Notwithstanding anything in subsection (2) above, any provision made by or under this Part of this Act shall apply to persons in the public service of the Crown as it applies to other persons.
  (4) Nothing in this section shall be taken as in any way affecting Her Majesty in her private capacity.
  (5) Subject to subsection (4) above, the powers conferred by section 99 above shall be exercisable in relation to land in which there is a Crown interest only with the consent of the appropriate authority.
  (6) In this section—

  1629
  "the appropriate authority" has the same meaning as it has in section 253(7) of the Town and Country Planning (Scotland) Act 1972;
  "Crown interest" means an interest belonging to Her Majesty in right of the Crown, or belonging to a government department or held in trust for Her Majesty for the purposes of a government department;
  "Crown premises" means premises held by or on behalf of the Crown.
  (7) The provisions of subsection (7) of section 253 of the Town and Country Planning (Scotland) Act 1972 (questions relating to Crown application) as to the determination of questions shall apply for the purposes of this section.".'.
  238 Schedule 18, page 199, line 31, at end insert:
  '() for the word "them" in each place where it occurs there shall be substituted the word "it";'.
  239 Page 200, line 19, at end insert:
  'The Public Records Act 1958
  . In the First Schedule to the Public Records Act 1958 (definition of public records) in Part II of the Table at the end of paragraph 3 (organisations whose records are public records) there shall be inserted at the appropriate place the entry—
  "The Environment Agency.".'.
  240 Page 200, line 21, leave out '52(3)' and insert '7(8)'.
  241 Page 200, line 21, after '1958' insert '(definitions etc. for the purposes of section 7) in paragraph (i) of the definition of "statutory water undertakers" for the words "National Rivers Authority" there shall be substituted the words "Environment Agency".
  (2) In section 52(3) of that Act'.
  242 Page 202, line 50, at end insert:
  'The Prevention of Oil Pollution Act 1971
  .—(1) The Prevention of Oil Pollution Act 1971 shall be amended in accordance with the following provisions of this paragraph.
  (2) After section 11 (duty to report discharge of oil into waters of harbours) there shall be inserted—
  "Certain provisions not to apply where a discharge or escape is authorised under Part I of the Environmental Protection Act 1990.
  11A.—(1) The provisions of sections 2(1) and (2A), 3(1) and 11(1) of this Act shall not apply to any discharge which is made under, and the provisions of section 11(1) of this Act shall not apply to any escape which is authorised by, an authorisation granted under Part I of the Environmental Protection 1990.
  (2) This section does not extend to Northern Ireland."
  (3) In section 25(1) (power to extend certain provisions of the Act to the Isle of Man etc.), after the words "other than section 3" there shall be inserted the word ", 11A".
  The Town and Country Planning (Scotland) Act 1972
  In Schedule 7 to the Town and Country Planning (Scotland) Act 1972 (determination of certain appeals by persons appointed by the Secretary of State), in paragraph 2, after sub-paragraph (f) there shall be inserted—
  "(g) in relation to appeals under paragraphs 6(11) and (12) and 11(1) of Schedule (Review of old mineral planning permissions) and paragraph 9(1) of Schedule (Periodic review of mineral planning permissions)to the Environment Act 1995, paragraph 6 of Schedule 10A to this Act.".'.
  243 Page 206, line 27, at end insert:
  In section 62(2) (a) of that Act (exceptions to restrictions on the operation of loudspeakers in streets), as it has effect in relation to England and Wales, for the words "National Rivers Authority" there shall be substituted the words "Environment Agency".'.
  Earl Ferrers: My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 210 to 243 en bloc.
  Moved, That the House do agree with the Commons in their Amendments Nos. 210 to 243.—(Earl Ferrers.)
  On Question, Motion agreed to.

  COMMONS AMENDMENTS
  244 Schedule 18, page 207, line 48, after 'occur' insert '(other than the last reference in subsection (2))'.
  245 Page 207, line 50, after 'application)' insert '(i)'.
  246 Page 208, line 2, after 'consent";' insert:
  '(ii) for the word "three" there shall be substituted the word "four"; and
  (iii) for the words "the authority shall be deemed to have refused the consent" there shall be substituted the words "the applicant may treat the consent applied for as having been refused";'.
  247 Page 208, line 15, leave out 'and'.
  248 Page 208, line 27, at end insert '; and
  (c) in subsection (6), for the word "three" there shall be substituted the word "four".
  () In section 37(1) (revocation of consents and alteration and imposition of conditions), for the words from the beginning to "consent" in the second place where it occurs there shall be substituted the words "SEPA may from time to time review any consent given in pursuance of section 34 of this Act".
  () In section 38 (restriction as to variation and revocation of consent and of previous variation), in each of subsections (1) and (2), for the word "two" there shall he substituted the word "four".
  () After section 38 there shall be inserted—
  "General review of consents.
  38A.—(1) If it appears appropriate to the Secretary of State to do so he may at any time direct SEPA to review—

  (a) the consents given under section 34 of this Act; or

  (b) any description of such consents,

  and the conditions (if any) to which those consents are subject.
  (2) A direction given by virtue of subsection (1) above—

  (a) shall specify the purpose for which; and

  (b) may specify the manner in which, the review is to be conducted.

  (3) After carrying out the review, SEPA shall submit to the Secretary of State its proposals (if any) for—

  (a) the modification of the conditions of any consent reviewed pursuant to the direction; or

  (b) in the case of any such consent which is unconditional, subjecting the consent to conditions.

  (4) Where the Secretary of State has received any proposals under subsection (3) above in relation to any consent he may, if it appears appropriate to him to do so, direct SEPA, in relation to that consent—

  (a) to make modifications of the conditions of the consent; or

  1631

  (b) in the case of an unconditional consent, to subject the consent to conditions.

  (5) A direction given by virtue of subsection (4) above may direct SEPA to do, in relation to any such consent, only—

  (a) any such thing as SEPA has proposed should be done in relation to that consent; or

  (b) any such thing with such modifications as appear to the Secretary of State to be appropriate.".'.

  249 Page 208, line 28, after 'State)' insert:
  '() in subsection (1), in each of paragraphs (b) and (c), for the words "the preceding section" there shall be substituted the words "section 38 of this Act";

  (a) in subsection (5), for the words "terms and period as are" there shall be substituted the words "period as is";

  (b) after that subsection there shall be inserted the following subsections—

  "(5A) Subject to subsection (5B) below, where a question is referred to the Secretary of State in pursuance of subsection (1) (b) above, the revocation of the consent or, as the case may be, the modification of the conditions of the consent or the provision that the consent (having been unconditional) shall be subject to conditions, shall not take effect while the reference is pending.
  (5B) Subsection (5A) above shall not apply to a reference where the notice effecting the revocation, modification or provision in question includes a statement that in the opinion of SEPA it is necessary for the purpose of preventing or, where that is not practicable, minimizing—

  (a) the entry into controlled waters of any poisonous, noxious or polluting matter or any solid waste matter, or

  (b) harm to human health,

  that that subsection should not apply.
  (5C) Where the reference falls within subsection (5B) above, if, on the application of the holder or former holder of the consent, the Secretary of State (or other person determining the question referred) determines that SEPA acted unreasonably in excluding the application of subsection (5A) above, then—

  (a) if the reference is still pending at the end of the day on which that determination is made, subsection (5A) above shall apply to the reference from the end of that day; and

  (b) the holder or former holder of the consent shall be entitled to recover compensation from SEPA in respect of any loss suffered by him in consequence of the exclusion of the application of that subsection;

  and any dispute as to a person's entitlement to such compensation or as to the amount of it shall be determined by a single arbiter appointed, in default of agreement between the parties concerned, by the Secretary of State on the application of any of the parties."; and
  (c)". .
  250 Page 208, line 31, at end insert:
  '(8) In this section "the holder", in relation to a consent, is the person who has the consent.".'.
  The Earl of Lindsay: My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 244 to 250 en bloc. At the same time I shall speak also to Commons Amendments Nos. 254, 282, 295, 296, 297 and 337, as well as to Amendments Nos. 295A, as an amendment to Commons Amendment No. 295, tabled by the noble Baroness, Lady Hamwee.
  1632
  Amendments Nos. 248, 295, 297 and 337 introduce powers for the Secretary of State to direct the NRA and, in future, the agency, and for the Secretary of State for Scotland to direct SEPA, to undertake reviews of particular descriptions of consents for the purpose of making proposals to us for modifications to those consents.
  Having considered those proposals, the Secretary of State could then give them effect through a direction; in other words, modification of a number of consents could be achieved by direction. We consider that these powers offer a useful means for the Secretary of State to deal more expeditiously with changes to consents where an issue of general policy arises that affects a number of consents. In our view that would offer substantial advantages in terms of facilitating any changes that might be required to consents where an issue of general policy has been shown to arise. I know that the NRA has also said that it welcomes the introduction of such a power. I should, however, also make clear that we envisage that exercise of this power would not be frequent and that modifications to individual consents would continue to be dealt with on a bilateral basis between the discharger and the regulator.
  I want now to say something about our intentions in using these powers of direction. There are, of course, two powers: one to require the NRA to undertake a review of consents and then to come forward with proposals for modifications; the second to implement any changes to consents that may have been proposed.
  As regards the first direction, we have previously demonstrated our acceptance in principle of the development of general clauses to be included in, consents. However, experience has also shown that such conditions need very careful consideration. We need to discuss a number of issues with the NRA but, subject to those discussions, our intention would be to make use of the power to issue a direction. We intend that the powers in Amendment No. 295 should be commenced two months after Royal Assent.
  As regards the second direction—to implement any proposals made by the NRA—we cannot, of course, be expected to prejudge the outcome of such a review. We shall need, among other things, to hear the views of dischargers. And as I indicated, the Secretary of State must retain the right to modify the proposals that are brought forward.
  Amendment No. 296 has a simple purpose. It is intended to ensure that in future, as under the existing legislation, the requirement for advertising of an application for a discharge consent can be waived if the agency considers such advertising to be unnecessary in the case of a particular application.
  Amendments Nos. 282 and 249 provide a refinement of the deregulatory measures already in the Bill affecting discharge consent appeals. As originally drafted, the Bill provided that where an agency decides to revoke a consent, the revocation should not take effect until any appeal has been determined. It did not make the same provision for cases where an agency decides to modify a consent or impose conditions on a

  1633
  previously unconditional consent. On further consideration, however, we concluded that that was not the correct approach.
  These amendments therefore bring decisions by the agencies to modify a discharge consent and to impose conditions on a previously unconditional consent into line with revocations so that the effect of such decisions will also be suspended pending determination or withdrawal of an appeal. We recognised, however, that there will be situations where it is necessary for revocations, modifications and conditions to come into force immediately. The amendments therefore allow the agencies to require the discharger to comply immediately with the effect of a decision where they consider this to be necessary to prevent or minimise pollution of controlled waters or harm to human health. We consider that these amendments offer a sensible way forward, providing a balance between the interests of dischargers and the need for changes to have immediate effect where there is a pressing environmental or health requirement for them to do so.
  Amendments Nos. 244 to 247 and 250 amend the Control of Pollution Act 1974 and are designed to increase the operational flexibility of the water pollution control regime in Scotland. I beg to move.
  Moved, That the House do agree with the Commons in their Amendments Nos. 244 to 250.—(The Earl of Lindsay.)
  Baroness Hanwell: My Lords, as the noble Earl spoke to Commons Amendment No. 295 and perhaps anticipated what I might say in moving Amendment No. 295A, it may be convenient for me to place on record the anxieties that underlie my amendment. When we come to it, it may not be necessary for me to move it, but it is appropriate that my concerns are on record.
  Following a serious pollution incident, discharge consents, setting limits on the amount of certain named substances allowed into rivers and coastal waters, have recently been reviewed as to their content. It had been understood that discharge consents only authorised the discharge of substances that could reasonably be expected to be present in the specific effluent, and that the consent would not provide a defence if pollution was caused by other substances not mentioned in the consent. As I say, the efficacy of that system recently came into doubt. It is not just a matter of action by the NRA or, as it will he, of the environment agency. There is concern that there would be difficulty for people who are affected to pursue damage claims in the civil courts in that situation.
  To clarify the position I was concerned to ensure that Ministers used their powers of direction to restore adequate environmental protection and give your Lordships and those concerned outside this place clear assurance that the issue will be progressed satisfactorily and river quality restored. I believe that that adequately puts on record the concerns that underlie my amendment.
  On Question, Motion agreed to.

  COMMONS AMENDMENTS
  251 Schedule 18, page 208, line 50, leave out 'and (k)' and insert:

  (k) works notices under section 46A of this Act;

  (l) appeals under section 46B of this Act;

  (m) convictions for offences under section 46C of this Act; and

  (n)"..

  252 Page 211, line 39, after `(1)' insert:

  (i) at the beginning there shall be inserted the words "Subject to subsection (1B) below,"; and

  (ii)". .

  253 Page 211, line 46, at end insert:
  (1B) Without prejudice to the power of SEPA to carry out investigations under subsection (1A) above, the power conferred by subsection (1) above to carry out operations shall be exercisable only in a case where—

  (a) SEPA considers it necessary to carry out forthwith any operations falling within paragraph (a) or (b) of subsection (1) above; or

  (b) it appears to SEPA, after reasonable inquiry, that no person can be found on whom to serve a works notice under section 46A of this Act.".'.

  254 Page 211, line 49, after '(3) (b)' insert `(i)'.
  255 Page 211, line 50, at end insert & and

  (ii) after the words "an abandoned mine" there shall be inserted the words "or an abandoned part of a mine";'.

  256 Page 211, line 52, leave out 'if the mine in question became an abandoned mine' and insert 'to the owner or former operator of any mine or part of a mine if the mine or part in question became abandoned'.
  257 Page 211, line 53, at end insert:
  (3B) Subsections (4A) and (4B) of section 301 above shall apply in relation to subsections (3) and (3A) above as they apply in relation to subsections (3) and (4) of that section."
  () After section 46 there shall be inserted the following sections—
  "Notices requiring persons to carry out anti-pollution operations.
  46A.—(1) Subject to the following provisions of this section, where it appears to SEPA that any poisonous, noxious or polluting matter or any solid waste matter is likely to enter, or to be or to have been present in, any controlled waters, SEPA shall be entitled to serve a works notice on any person who, as the case may be,—

  (a) caused or knowingly permitted the matter in question to be present at the place from which it is likely, in the opinion of SEPA, to enter any controlled waters; or

  (b) caused or knowingly permitted the matter in question to be present in any controlled waters.

  (2) For the purposes of this section, a "works notice" is a notice requiring the person on whom it is served to carry out such of the following operations as may be specified in the notice, that is to say—

  (a) in a case where the matter in question appears likely to enter any controlled waters, operations for the purpose of preventing it from doing so; or

  (b) in a case where the matter appears to be or to have been present in any controlled waters, operations for the purpose—

  (i) of removing or disposing of the matter;

  1635

  (ii) of remedying or mitigating any pollution caused by its presence in the waters; or

  (iii) so far as it is reasonably practicable to do so, of restoring the waters, including any flora and fauna dependent on the aquatic environment of the waters, to their state immediately before the matter became present in the waters.

  (3) A works notice—

  (a) must specify the periods within which the person on whom it is served is required to do each of the things specified in the notice; and

  (b) is without prejudice to the powers of SEPA by virtue of section 46(1B) (a) of this Act.

  (4) Before serving a works notice on any person, SEPA shall reasonably endeavour to consult that person concerning the operations which are to be specified in the notice.
  (5) The Secretary of State may by regulations make provision for or in connection with—

  (a) the form or content of works notices;

  (aa) requirements for consultation, before the service of a works notice, with persons other than the person on whom that notice is to be served;

  (b) steps to be taken for the purposes of any consultation required under subsection (4) above or regulations made by virtue of paragraph (aa) above;

  (c) any other steps of a procedural nature which are to be taken in connection with, or in consequence of, the service of a works notice.

  (5A) A works notice shall not be regarded as invalid, or as invalidly served, by reason only of any failure to comply with the requirements of subsection (4) above or of regulations made by virtue of paragraph (aa) of subsection (5) above.
  (6) Nothing in subsection (1) above shall entitle SEPA to require the carrying out of any operations which would impede or prevent the making of any discharge in pursuance of a consent given by SEPA by virtue of section 34 of this Act.
  (7) No works notice shall be served on any person requiring him to carry out any operations in respect of water from an abandoned mine or an abandoned part of a mine which that person permitted to reach such a place as is mentioned in subsection (1) (a) above or to enter any controlled waters.
  (8) Subsection (7) above shall not apply to the owner or former operator of any mine or part of a mine if the mine or part in question became abandoned after 31st December 1999.
  (9) Subsections (4A) and (4B) of section 301 of this Act shall apply in relation to subsections (7) and (8) above as they apply in relation to subsections (3) and (4) of that section.
  (10) Where SEPA—

  (a) carries out any such investigations as are mentioned in section 46(1A) of this Act, and

  (b) serves a works notice on a person in connection with the matter to which the investigations relate,

  it shall (unless the notice is quashed or withdrawn) be entitled to recover the costs or expenses reasonably incurred in carrying out those investigations from that person.
  (11) The Secretary of State may, if he thinks fit in relation to any person, give directions to SEPA as to whether or how it should exercise its powers under this section.
  Grant of and compensation for, rights of entry etc.
  46AA.—(1) A works notice may require a person to carry out operations in relation to any land or waters notwithstanding that he is not entitled to carry out those operations.
  (2) Any person whose consent is required before any operations required by a works notice may he carried out shall grant, or join in granting, such rights in relation to any land or waters as will enable the person on whom the works notice is served to comply with any requirements imposed by the works notice.
  (3) Before serving a works notice, SEPA shall reasonably endeavour to consult every person who appears to it—

  (a) to be the owner or occupier of any relevant land, and

  (b) to be a person who might he required by subsection (2) above to grant, or join in granting, any rights,

  concerning the rights which that person may be so required to grant.
  (4) A works notice shall not be regarded as invalid, or as invalidly served, by reason only of any failure to comply with the requirements of subsection (3) above.
  (5) A person who grants, or joins in granting, any rights pursuant to subsection (2) above shall be entitled, on making an application within such period as may be prescribed and in such manner as may be prescribed to such person as may be prescribed, to be paid by the person on whom the works notice in question is served compensation of such amount as may be determined in such manner as may be prescribed.
  (6) Without prejudice to the generality of the regulations that may be made by virtue of subsection (5) above, regulations by virtue of that subsection may make such provision in relation to compensation under this section as may be made by regulations by virtue of subsection (4) of section 35A of the Environmental Protection Act 1990 in relation to compensation under that section.
  (7) In this section—
  "relevant land" means—

  (a) any land or waters in relation to which the works notice in question requires, or may require, operations to be carried out; or

  (b) any land adjoining or adjacent to that land or those waters;

  "works notice" means a works notice under section 46A of this Act.
  Appeals against works notices.
  46B.—(1) A person on whom a works notice is served may, within the period of twenty-one days beginning with the day on which the notice is served, appeal against the notice to the Secretary of State.
  (2) On any appeal under this section the Secretary of State—

  (a) shall quash the notice, if he is satisfied that there is a material defect in the notice; but

  (b) subject to that, may confirm the notice, with or without modification, or quash it.

  (3) The Secretary of State may by regulations make provision with respect to

  (a) the grounds on which appeals under this section may be made; or

  (b) the procedure on any such appeal.

  (4) Regulations under subsection (3) above may (among other things)—

  1637

  (a) include provisions comparable to those in section 290 of the Public Health Act 1936 (appeals against notices requiring the execution of works);

  (b) prescribe the cases in which a works notice is, or is not, to be suspended until the appeal is decided, or until some other stage in the proceedings;

  (c) prescribe the cases in which the decision on an appeal may in some respects be less favourable to the appellant than the works notice against which he is appealing;

  (d) prescribe the cases in which the appellant may claim that a works notice should have been served on some other person and prescribe the procedure to be followed in those cases;

  (e) make provision as respects—

  (i) the particulars to be included in the notice of appeal;

  (ii) the persons on whom notice of appeal is to be served and the particulars, if any, which are to accompany the notice; or

  (iii) the abandonment of an appeal.

  (5) In this section "works notice" means a works notice under section 46A of this Act.
  (6) This section is subject to section 96 of the Environment Act 1995 (delegation or reference of appeals).
  Consequences of not complying with a works notice.
  46C.—(1) If a person on whom SEPA serves a works notice fails to comply with any of the requirements of the notice, he shall be guilty of an offence.
  (2) A person who commits an offence under subsection (1) above shall be liable—

  (a) on summary conviction, to imprisonment for a term not exceeding three months or to a fine not exceeding £20,000 or to both;

  (b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.

  (3) If a person on whom a works notice has been served fails to comply with any of the requirements of the notice, SEPA may do what that person was required to do and may recover from him any costs or expenses reasonably incurred by SEPA in doing it.
  (4) If SEPA is of the opinion that proceedings for an offence under subsection (1) above would afford an ineffectual remedy against a person who has failed to comply with the requirements of a works notice, SEPA may take proceedings in any court of competent jurisdiction for the purpose of securing compliance with the notice.
  (5) In this section "works notice" means a works notice under section 46A of this Act.".'.
  258 Page 212, line 34, at end insert:
  '() If SEPA is of the opinion that proceedings for an offence under subsection (3) above would afford an ineffectual remedy against a person who has failed to comply with the requirements of an enforcement notice, SEPA may take proceedings in any court of competent jurisdiction for the purpose of securing compliance with the notice.'.
  259 Page 213, line 21, at end insert:
  () In section 56(1) (interpretation of Part II), the following definition shall be inserted in the appropriate place in alphabetical order—
  ""operations" includes works;".'.
  260 Page 215, line 42, at end insert:
  'The Local Government (Miscellaneous Provisions) Act 1976
  28A. In section 44 of the Local Government (Miscellaneous Provisions) Act 1976 (interpretation of Part I of that Act) after subsection (1 A) (certain provisions of that Act, including section 16 (obtaining information about land), to have effect as if the Broads Authority were a local authority) there shall be inserted—
  "(1B) Section 16 of this Act shall have effect as if the Environment Agency were a local authority."…
  Earl Ferrers: My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 251 to 260.
  Moved, That the House do agree with the Commons in their Amendments Nos. 251 to 260.—(Earl Ferrers.)
  On Question, Motion agreed to.

  COMMONS AMENDMENT
  261 Schedule 18, page 216, line 32, at end insert:
  ' The Road Traffic Regulation Act 1984
  30A.—(1) In section I of the Road Traffic Regulation Act 1984 (traffic regulation orders outside Greater London) in subsection (1), after paragraph (f) (which allows a traffic regulation order to be made for preserving or improving the amenities of the area through which the road runs) there shall be added "or
  (g) for any of the purposes specified in paragraphs (a) to (c) of subsection (1) of section (Regulations for the purposes of Part (Air Quality)) of the Environment Act 1995 (air quality)."
  (2) In section 6 of that Act (orders similar to traffic regulation orders in Greater London) in subsection (I) (b) (which allows orders in Greater London to be made for equivalent purposes to those in section 1(1) (a) to (f) of that Act) for the words "(a) to (f)" there shall be substituted the words "(a) to (g)".
  (3) In section 122(2) of that Act (matters to which, so far as practicable, regard is to be had by local authorities in exercising their functions under the Act) after paragraph (b) there shall be inserted—
  "(bb) the strategy prepared under section (National air quality strategy) of the Environment Act 1995 (national air quality strategy);".'.
  Earl Ferrers: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 261.
  Moved, That the House do agree with the Commons in their Amendment No. 261.—(Earl Ferrers.)
  [Amendment No. 261A, as an amendment to Commons Amendment No. 261, not moved.]
  On Question, Motion agreed to.

  COMMONS AMENDMENT
  262 Schedule 18, page 217, leave out lines 26 to 37 and insert:
  '(6) Subsection (2) of that section (disclosure of information between certain authorities) shall cease to have effect.'.
  Earl Ferrers: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 262.
  Moved, That the House do agree with the Commons in their Amendment No. 262.—(Earl Ferrers.)
  On Question, Motion agreed to.

  COMMONS AMENDMENT
  263 Schedule 18, page 218, line 2, leave out from beginning to `(water' and insert:
  '32.—(1) Section 3 of the Electricity Act 1989 (general duties of the Secretary of State and the Director General of Electricity Supply when exercising certain functions) shall be amended in accordance with the following provisions of this paragraph.
  (2) In subsection (1) (c) (duty, subject to subsection (2), to promote competition), for the words "subsection (2)" there shall be substituted the words "subsections (2) and (2A)".
  (3) After subsection (2) (duties as regards the supply of electricity in Scotland in certain cases) there shall be inserted—
  "(2A) If an order under section 32(1) below requires a public electricity supplier to make, or produce evidence showing that he has made, arrangements or additional arrangements which will secure the result mentioned in subsection (2B) below, the order, so far as relating to any such requirement, may be made for the purpose of, or for purposes which include, promoting the supply to any premises of—

  (a) heat produced in association with electricity, or

  (b) steam produced from, or air or water heated by, such heat.

  (2B) The result referred to in subsection (2A) above is that, for a period specified in the order, there will be available to the public electricity supplier—

  (a) from combined heat and power stations; or

  (b) from combined heat and power stations of any particular description,

  an aggregate amount of generating capacity which is not less than that specified in relation to him in the order.
  (2C) In subsection (2B) above, "combined heat and power station" has the meaning given by section 32(8) below.".
  (4) In subsection (3) (further duties), for the words "and (2)" there shall be substituted the words ", (2) and (2A)".
  32A.—(1) Section 32 of that Act (electricity from non-fossil fuel sources) shall be amended in accordance with the following provisions of this paragraph.
  (2) After subsection (2) (result to be secured by arrangements made pursuant to an order under subsection (1)) there shall be inserted—
  "(2A) For the purposes of this section—

  (a) combined heat and power stations generally; and

  (b) combined heat and power stations of any particular description,

  are to be taken as being particular descriptions of non-fossil fuel generating stations.
  (2B) A particular description of combined heat and power stations may be described by reference to, or by reference to matters which include—

  (a) the heat or, as the case may be, the steam or heated air or water to be supplied from the station to any premises;

  (b) any premises to which any such heat, steam or heated air or water is to be supplied (including, without prejudice to the generality of the foregoing, the use to which any such premises are put);

  (c) the means or method by which any such heat, steam or heated air or water is to be supplied to any premises (including, without prejudice to the generality of the foregoing, any system or network of supply or distribution); or

  1640

  (d) the arrangements (including financial or contractual arrangements) under which any such heat, steam or heated air or water is to be supplied to any premises.

  (2C) Subsections (2A) and (2B) above are without prejudice to—

  (a) the generality of subsection (2) (b) above, or

  (b) section 111(2) below;

  and subsection (2B) above is without prejudice to the generality of subsection (2A) (b) above.".
  (3) In subsection (8) (interpretation), after the definition of "coal products" there shall be inserted—
  ""combined heat and power station" means a non-fossil fuel generating station which is (or may be) operated for purposes including the supply to any premises of—

  (a) heat produced in association with electricity, or

  (b) steam produced from, or air or water heated by, such heat;".

  32B. In Schedule 4 to that Act (other powers etc. of licence holders) in paragraph 4(1) (b) (power for certain bodies to execute works involving alterations of electric lines or plant) for the words "National Rivers Authority" there shall be substituted the words "Environment Agency".
  32C. In Schedule 5 to that Act'.
  Earl Ferrers: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 263. During the Committee stage my noble friend Lord Wade moved an amendment with the intention of providing vires to identify combined heat and power schemes as a specific group in future non-fossil fuel obligation orders. This amendment meets his concern. I beg to move.
  Moved, That the House do agree with the Commons in their Amendment No. 263.—(Earl Ferrers.)
  On Question, Motion agreed to.

  COMMONS AMENDMENTS
  264 Schedule 18, page 218, line 15, at end insert:
  ". In Schedule 5 to that Act (conditions relating to mineral working) in paragraph 4 (consultations) after sub-paragraph (4) there shall be inserted—
  "(4A) Without prejudice to the application of this paragraph in relation to consultation with the Forestry Commission, where the Minister is consulted pursuant to any provision of this paragraph—

  (a) he is not required to inspect any land or to express a view on any matter or question; and

  (b) he is not precluded from responding in general terms or otherwise in terms which are not specific to the land in question.".

  In Schedule 6 to that Act (determination of certain appeals by person appointed by the Secretary of State) in paragraph 1(1) (power, in respect of appeals under certain provisions, to prescribe classes of appeals to be determined by an appointed person instead of by the Secretary of State), after "208," there shall be inserted "and paragraphs 6(11) and (12) and 11(1) of Schedule (Review of old mineral planning permissions) and paragraph 9(1) of Schedule (Periodic review of mineral planning permissions) to the Environment Act 1995,".'.
  265 Page 219, line 8, at end insert:
  '(4A) After that subsection there shall be inserted—
  "(4A) In England and Wales, a local authority, in exercising the functions conferred or imposed on it under this Part by virtue of subsection (3) above, shall

  1641
  have regard to the strategy for the time being published pursuant to section (National air quality strategy) of the Environment Act 1995.".'.
  266 Page 219, line 19, leave out 'Subsections (4) to (8)' and insert `The requirements of sub-paragraph (ii) of paragraph (a) or, as the case may be, of paragraph (b) of subsection (8) above shall not apply in any case where, in the opinion of the Secretary of State, the publication of notice in accordance with that sub-paragraph would be contrary to the interests of national security.
  (8B) Subsections (4) to (8A)'.
  267 Page 219, line 48, at end insert:
  '(2) At the end of subsection (12) of that section (definition of "relevant enactments" for the purposes of subsection (2)) there shall be added "; and
  (g) section (Regulations for the purposes of Part (Air Quality)) of the Environment Act 1995.".'.
  268 Page 221, line 29, at end insert:
  `() For subsection (5) (hearings) there shall be substituted—
  "(5) Before determining an appeal under this section, the Secretary of State may, if he thinks fit—

  (a) cause the appeal to take or continue in the form of a hearing (which may, if the person hearing the appeal so decides, be held, or held to any extent, in private); or

  (b) cause a local inquiry to be held;

  and the Secretary of State shall act as mentioned in paragraph (a) or (b) above if a request is made by either party to the appeal to be heard with respect to the appeal.".'.
  Earl Ferrers: My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 264 to 268.
  Moved, That the House do agree with the Commons in their Amendments Nos. 264 to 268.—(Earl Ferrers.)
  On Question, Motion agreed to.

  COMMONS AMENDMENTS
  269 Schedule 18, page 224, line 30, at end insert:
  After section 35 of that Act there shall be inserted—
  "Compensation where rights granted pursuant to section 35(4) or 38(9A).
  35A.—(1) This section applies in any case where—

  (a) the holder of a licence is required —

  (i) by the conditions of the licence; or

  (ii) by a requirement imposed under section 38(9) below,

  to carry out any works or do any other thing which he is not entitled to carry out or do;
  (b) a person whose consent would be required has, pursuant to the requirements of section 35(4) above or 38(9A) below, granted, or joined in granting, to the holder of the licence any rights in relation to any land; and
  (c) those rights, or those rights together with other rights, are such as will enable the holder of the licence to comply with any requirements imposed on him by the licence or, as the case may be, under section 38(9) below.
  (2) In a case where this section applies, any person who has granted, or joined in granting, the rights in question shall be entitled to be paid compensation under this section by the holder of the licence.
  (3) The Secretary of State shall by regulations provide for the descriptions of loss and damage for which compensation is payable under this section.
  (4) The Secretary of State may by regulations—

  (a) provide for the basis on which any amount to be paid by way of compensation under this section is to be assessed;

  (b) without prejudice to the generality of subsection (3) and paragraph (a) above, provide for compensation under this section to be payable in respect of —

  (i) any effect of any rights being granted, or

  (ii) any consequence of the exercise of any rights which have been granted;

  (c) provide for the times at which any entitlement to compensation under this section is to arise or at which any such compensation is to become payable;

  (d) provide for the persons or bodies by whom, and the manner in which, any dispute —

  (i) as to whether any, and (if so) how much and when, compensation under this section is payable; or

  (ii) as to the person to or by whom it shall be paid,

  is to be determined;

  (e) provide for when or how applications may be made for compensation under this section;

  (f) without prejudice to the generality of paragraph (d) above, provide for when or how applications may be made for the determination of any such disputes as are mentioned in that paragraph;

  (g) without prejudice to the generality of paragraphs (e) and (f) above, prescribe the form in which any such applications as are mentioned in those paragraphs are to be made;

  (h) make provision similar to any provision made by paragraph 8 of Schedule 19 to the Water Resources Act 1991;

  (j) make different provision for different cases, including different provision in relation to different persons or circumstances;

  (k) include such incidental, supplemental, consequential or transitional provision as the Secretary of State considers appropriate.".'.

  270 Page 226, line 7, at end insert:
  '(14) This section shall have effect subject to section 36A below."
  After section 36 of that Act there shall be inserted—
  "Consultation before the grant of certain licences.
  36A.—(1) This section applies where an application for a licence has been duly made to a waste regulation authority, and the authority proposes to issue a licence subject (by virtue of section 35(4) above) to any condition which might require the holder of the licence to—

  (a) carry out any works, or

  (b) do any other thing,

  which he might not be entitled to carry out or do.
  (2) Before issuing the licence, the waste regulation authority shall serve on every person appearing to the authority to be a person falling within subsection (3) below a notice which complies with the requirements set out in subsection (4) below.
  (3) A person falls within this subsection if—

  (a) he is the owner, lessee or occupier of any land; and

  1643

  (b) that land is land in relation to which it is likely that, as a consequence of the licence being issued subject to the condition in question, rights will have to be granted by virtue of section 35(4) above to the holder of the licence.

  (4) A notice served under subsection (2) above shall—

  (a) set out the condition in question;

  (b) indicate the nature of the works or other things which that condition might require the holder of the licence to carry out or do; and

  (c) specify the date by which, and the manner in which, any representations relating to the condition or its possible effects are to be made to the waste regulation authority by the person on whom the notice is served.

  (5) The date which, pursuant to subsection (4) (c) above, is specified in a notice shall be a date not earlier than the date on which expires the period—

  (a) beginning with the date on which the notice is served, and

  (b) of such length as may be prescribed in regulations made by the Secretary of State.

  (6) Before the waste regulation authority issues the licence it must, subject to subsection (7) below, consider any representations made in relation to the condition in question, or its possible effects, by any person on whom a notice has been served under subsection (2) above.
  (7) Subsection (6) above does not require the waste regulation authority to consider any representations made by a person after the date specified in the notice served on him under subsection (2) above as the date by which his representations in relation to the condition or its possible effects are to be made.
  (8) In subsection (3) above—
  "owner", in relation to any land in England and Wales, means the person who—

  (a) is for the time being receiving the rack-rent of the land, whether on his own account or as agent or trustee for another person; or

  (b) would receive the rack-rent if the land were let at a rack-rent,

  but does not include a mortgagee not in possession; and
  "owner", in relation to any land in Scotland, means a person (other than a creditor in a heritable security not in possession of the security subjects) for the time being entitled to receive or who would, if the land were let, be entitled to receive, the rents of the land in connection with which the word is used and includes a trustee, factor, guardian or curator and in the case of public or municipal land includes the persons to whom the management of the land is entrusted.".'.
  271 Page 226, line 14, at end insert:
  '(3) After subsection (6) of that section (cases where an application for modification is deemed to have been rejected) there shall be added—
  "(7) This section shall have effect subject to section 37A below."
  After section 37 of that Act there shall be inserted—
  "Consultation before certain variations.
  37A.—(1) This section applies where—

  (a) a waste regulation authority proposes to modify a licence under section 37(1) or (2) (a) above; and

  1644

  (b) the licence, if modified as proposed, would be subject to a relevant new condition.

  (2) For the purposes of this section, a "relevant new condition" is any condition by virtue of which the holder of the licence might be required to carry out any works or do any other thing—

  (a)which he might not be entitled to carry out or do, and

  (b)which he could not be required to carry out or do by virtue of the conditions to which, prior to the modification, the licence is subject.

  (3) Before modifying the licence, the waste regulation authority shall serve on every person appearing to the authority to be a person falling within subsection (4) below a notice which complies with the requirements set out in subsection (5) below.
  (4) A person falls within this subsection if—

  (a) he is the owner, lessee or occupier of any land; and

  (b) that land is land in relation to which it is likely that, as a consequence of the licence being modified so as to be subject to the relevant new condition in question, rights will have to be granted by virtue of section 35(4) above to the holder of the licence.

  (5) A notice served under subsection (3) above shall—

  (a) set out the relevant new condition in question;

  (b)indicate the nature of the works or other things which that condition might require the holder of the licence to carry out or do but which he could not be required to carry out or do by virtue of the conditions (if any) to which, prior to the modification, the licence is subject; and

  (c)specify the date by which, and the manner in which, any representations relating to the condition or its possible effects are to be made to the waste regulation authority by the person on whom the notice is served.

  (6) The date which, pursuant to subsection (5) (c) above, is specified in a notice shall be a date not earlier than the date on which expires the period—

  (a) beginning with the date on which the notice is served, and

  (b) of such length as may be prescribed in regulations made by the Secretary of State.

  (7) Before the waste regulation authority issues the licence it must, subject to subsection (8) below, consider any representations made in relation to the condition in question, or its possible effects, by any person on whom a notice has been served under subsection (3) above.
  (8) Subsection (7) above does not require the waste regulation authority to consider any representations made by a person after the date specified in the notice served on him under subsection (3) above as the date by which his representations in relation to the condition or its possible effects are to be made.
  (9) A waste regulation authority may postpone the service of any notice or the consideration of any representations required under the foregoing provisions of this section so far as the authority considers that by reason of an emergency it is appropriate to do so.
  (10) In subsection (3) above, "owner" has the same meaning as it has in subsection (3) of section 36A above by irtue of subsection (8) of that section.".'.
  272 Page 226, line 16, leave out `(12)' and insert `(9) (power to require certain measutes to be taken where licence suspended) there shall be inserted—
  "(9A) A requirement imposed under subsection (9) above may require the holder of a licence to carry out

  1645
  works or do other things notwithstanding that he is not entitled to carry out the works or do the thing and any person whose consent would be required shall grant, or join in granting, the holder of the licence such rights in relation to the land as will enable the holder of the licence to comply with any requirements imposed on him under that subsection.
  (9B) Subsections (2) to (8) of section 36A above shall, with the necessary modifications, apply where the authority proposes to impose a requirement under subsection (9) above which may require the holder of a licence to carry out any such works or do any such thing as is mentioned in subsection (9A) above as they apply where the authority proposes to issue a licence subject to any such condition as is mentioned in subsection (1) of that section, but as if—

  (a) the reference in subsection (3) of that section to section 35(4) above were a reference to subsection (9A) above; and

  (b) any reference in those subsections—

  (i) to the condition, or the condition in question, were a reference to the requirement; and

  (ii) to issuing a licence were a reference to serving a notice, under subsection (12) below, effecting the requirement.

  (9C) The authority may postpone the service of any notice or the consideration of any representations required under section 36A above, as applied by subsection (9B) above, so far as the authority considers that by reason of an emergency it is appropriate to do so."
  (2) After subsection (12) of that section (revocations and suspensions etc. to be effected by service of notice)'.
  The Earl of Lindsay: My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 269 to 272.
  Amendments Nos. 269 to 272 deal with an issue that was raised by the noble Earl, Lord Lytton, and my noble friend Lord Stanley during our Committee and Report stages and concern the requirement for landowners, and others with an interest in land, to grant rights under Section 35(4) of the Environmental Protection Act. Section 35(4) provides that where a waste management licence holder requires rights over land in order to comply with a condition in his licence, any person whose consent would be required must grant him the rights to enable him to comply with those conditions. Section 35(4) makes no provision for consulting those who might have to grant such rights when the licence condition is imposed or for compensating them for any loss or damage caused. We have carried out a consultation with interested parties and it confirmed the view that Section 35(4) provides inadequate safeguards for those required to grant rights under its provisions. Hence Amendments Nos. 269 to 272.
  Amendment No. 269 makes provision for the payment of compensation by the holder of the relevant waste management licence to anyone who is required to grant rights under Section 35(4) of the 1990 Act. Compensation is payable for loss or damage, but the detailed arrangements for determining the amount of compensation, including provision for resolving any disputes, are to be prescribed by regulations.
  1646
  Amendment No. 270 would modify the operation of Section 36 of the 1990 Act by placing a duty on waste regulation authorities—in future the agency—to notify those likely to be required to grant rights under Section 35(4) as a result of a condition which they propose imposing on a waste management licence when the licence is first issued.
  Amendment No. 271 makes similar provision in relation to the modification of licence conditions under Section 37 of the 1990 Act, but with the additional safeguard that where the licence is being modified in an emergency, the waste regulation authority would be able to postpone the consultation.
  Finally, Amendment No. 272 would amend Section 38(9) of the 1990 Act, which enables a waste regulation authority in suspending a waste management licence (or subsequently) to require measures to be taken to deal with or avert pollution. I commend the amendments to your Lordships.
  Moved, That the House do agree with the Commons in their Amendments Nos. 269 to 272 en bloc.—(The Earl of Lindsay.)
  On Question, Motion agreed to.
  9.30 p.m.

  COMMONS AMENDMENTS
  273 Schedule 18, page 231, leave out lines 8 to 13 and insert:
  '"(1A) No matter shall constitute a statutory nuisance to the extent that it consists of, or is caused by, any land being in a contaminated state.
  (1B) Land is in a "contaminated state" for the purposes of subsection (IA) above if, and only if, it is in such a condition, by reason of substances in, on or under the land, that—

  (a) harm is being caused or there is a possibility of harm being caused; or

  (b) pollution of controlled waters is being, or is likely to be, caused;

  and in this subsection "harm", "pollution of controlled waters" and "substance" have the same meaning as in Part IIA of this Act.".'.
  274 Page 232, line 11, leave out 'Subject to sub-paragraph (5) below,'.
  275 Page 232, leave out lines 21 to 27.
  Earl Ferrers: My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 273 to 275 en bloc.
  Moved, That the House do agree with the Commons in their Amendments Nos. 273 to 275 en bloc.—(Earl Ferrers.)
  On Question, Motion agreed to.

  COMMONS AMENDMENTS
  276 Schedule 18, page 236, line 33, at end insert:
  '. After section 93 of that Act (interpretation of Part III) there shall be insertedߞ

  PART IIIA PROMOTION OF THE EFFICIENT USE OF WATER
  Duty to promote the efficient use of water.
  93A.—(1) It shall be the duty of every water undertaker to promote the efficient use of water by its customers.
  (2) The duty of a water undertaker under this section shall be enforceable under section 18 above—

  1647

  (a) by the Secretary of State; or

  (b) with the consent of or in accordance with a general authorisation given by the Secretary of State, by the Director.

  (3) Nothing in this Part shall have effect to authorise or require a water undertaker to impose any requirement on any of its customers or potential customers.
  Power of Director to impose requirements on water undertakers.
  93B.—(1) The Director may require a water undertaker, in its performance of its duty under section 93A above, to—

  (a) take any such action; or

  (b) achieve any such overall standards of performance,

  as he may specify in the document imposing the requirement.
  (2) Where the Director, in the document imposing a requirement on a water undertaker under subsection (1) above, stipulates that any contravention of the requirement by the undertaker will be a breach of its duty under section 93A above, any contravention of that requirement by the undertaker shall be a breach of that duty.
  (3) Without prejudice to the generality of subsection (1) above, a requirement under that subsection may—

  (a) require a water undertaker to make available to its customers or potential customers such facilities as may be specified in the document imposing the requirement;

  (b) require a water undertaker to provide or make available to its customers or potential customers such information as may be specified in the document imposing the requirement, and may specify the form in which, the times at which or the frequency with which any such information is to be provided or made available.

  (4) In exercising his powers under this section in relation to any water undertaker the Director shall have regard to the extent to which water resources are available to that undertaker.
  (5) Before imposing any requirement on a water undertaker under subsection (1) above the Director shall consult that undertaker.
  (6) Nothing in this section authorises the Director to impose any requirement on a water undertaker which has or may have the effect of authorising or requiring that undertaker to impose any requirement on any of its customers or potential customers.
  Publicity of requirements imposed under section 93B.
  93C.—(1) Where, under section 93B(1) above, the Director imposes any requirement on a water undertaker, the Director may arrange for that requirement to be publicised in any such manner as he may consider appropriate for the purpose of bringing it to the attention of that undertaker's customers.
  (2) Without prejudice to the generality of subsection (1) above, the Director may arrange for such publicising of the requirement as is mentioned in that subsection by—

  (a) himself publicising the requirement or causing it to be publicised; or

  (b) directing the undertaker to inform or arrange to inform its customers of the requirement.

  Information as to compliance with requirements under section 93B.
  93D.—(1) Where a water undertaker is subject to any requirement imposed under section 93B(1) above, the Director may arrange for there to be given to the customers of that undertaker at any such times or with such frequency, and in any such manner, as he may consider appropriate,
  1648
  such information about the level of performance achieved by the undertaker in relation to that requirement as appears to the Director to be expedient to be given to those customers.
  (2) Without prejudice to the generality of subsection (1) above, the Director may arrange for such giving of information as is mentioned in that subsection by—

  (a) himself disseminating the information or causing it to be disseminated; or

  (b) directing the undertaker to give or arrange to give the information to its customers.

  (3) At such times and in such form or manner as the Director may direct, a water undertaker shall provide the Director with such information as may be specified in the direction in connection with the undertaker's performance in relation to any requirement imposed upon the undertaker under section 93B(1) above.
  (4) A water undertaker who fails without reasonable excuse to do anything required of him by virtue of subsection (3) above shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.".
  . After section 101 of that Act (which provides for the determination of certain details in relation to requisitioned sewers) there shall be inserted—
  "Provision of public sewers otherwise than by requisition
  Further duty to provide sewers.
  101A.—(1) Without prejudice to section 98 above, it shall be the duty of a sewerage undertaker to provide a public sewer to be used for the drainage for domestic sewerage purposes of premises in a particular locality in its area if the conditions specified in subsection (2) below are satisfied.
  (2) The conditions mentioned in subsection (1) above are—

  (a) that the premises in question, or any of those premises, are premises on which there are buildings each of which, with the exception of any shed, glasshouse or other outbuilding appurtenant to a dwelling and not designed or occupied as living accommodation, is a building erected before, or whose erection was substantially completed by, 20th June 1995;

  (b) that the drains or sewers used for the drainage for domestic sewerage purposes of the premises in question do not, either directly or through an intermediate drain or sewer, connect with a public sewer; and

  (c) that the drainage of any of the premises in question in respect of which the condition specified in paragraph (a) above is satisfied is giving, or is likely to give, rise to such adverse effects to the environment or amenity that it is appropriate, having regard to any guidance issued under this section by the Secretary of State and all other relevant considerations, to provide a public sewer for the drainage for domestic sewerage purposes of the premises in question.

  (3) Without prejudice to the generality of subsection
  (2) (c) above, regard shall be had to the following considerations, so far as relevant, in determining whether it is appropriate for any sewer to be provided by virtue of this section—

  (a) the geology of the locality in question or of any other locality;

  (b) the number of premises, being premises on which there are buildings, which might reasonably be expected to be drained by means of that sewer;

  (c) the costs of providing that sewer;

  1649

  (d) the nature and extent of any adverse effects to the environment or amenity arising, or likely to arise, as a result of the premises or, as the case may be, the locality in question not being drained by means of a public sewer; and

  (e) the extent to which it is practicable for those effects to be overcome otherwise than by the provision (whether by virtue of this section or otherwise) of public sewers, and the costs of so overcoming those effects.

  (4) Guidance issued by the Secretary of State under this section may—

  (a) relate to how regard is to be had to the considerations mentioned in paragraphs (a) to (e) of subsection (3) above;

  (b) relate to any other matter which the Secretary of State considers may be a relevant consideration in any case and to how regard is to be had to any such matter;

  (c) set out considerations, other than those mentioned in paragraphs (a) to (e) of subsection (3) above, to which (so far as relevant) regard shall be had in determining whether it is appropriate for any sewer to be provided by virtue of this section;

  (d) relate to how regard is to be had to any such consideration as is mentioned in paragraph (c) above;

  (e) without prejudice to paragraphs (a) to (d) above, relate to how a sewerage undertaker is to discharge its functions under this section.

  (5) Before issuing guidance under this section the Secretary of State shall consult—

  (a) the Environment Agency;

  (b) the Director; and

  (c) such other bodies or persons as he considers appropriate;

  and the Secretary of State shall arrange for any guidance issued by him under this section to be published in such manner as he considers appropriate.
  (6) Subject to the following provisions of this section, the duty of a sewerage undertaker by virtue of subsection (1) above shall be enforceable under section 18 above—

  (a) by the Secretary of State; or

  (b) with the consent of or in accordance with a general authorisation given by the Secretary of State, by the Director.

  (7) Any dispute between a sewerage undertaker and an owner or occupier of any premises in its area as to—

  (a) whether the undertaker is under a duty by virtue of subsection (1) above to provide a public sewer to be used for any such drainage of those premises as is mentioned in that subsection;

  (b) the domestic sewerage purposes for which any such sewer should be provided; or

  (c) the time by which any such duty of the undertaker should be performed,

  shall be determined by the Environment Agency, and may be referred to the Environment Agency for determination by either of the parties to the dispute.
  (8) The Environment Agency—

  (a) shall notify the parties of the reasons for its decision on any dispute referred to it under subsection (7) above; and

  (b) may make any such recommendations, or give any such guidance, relating to or in connection with the drainage of the premises or locality in question as it considers appropriate.

  (9) The decision of the Environment Agency on any dispute referred to it under subsection (7) above shall be final.
  (10) A sewerage undertaker shall only be taken to be in breach of its duty under subsection (1) above where, and to the extent that, it has accepted, or the Environment Agency has determined under this section, that it is under such a duty and where any time accepted by it, or determined by the Environment Agency under this section, as the time by which the duty is to that extent to be performed has passed.".'.
  277 Page 239, line 13, at end insert:
  '.—(1) Section 142 of that Act (powers of undertakers to charge) shall be amended in accordance with the following provisions of this paragraph.
  (2) In subsection (2) (manner in which charging powers to be exercised) for the words "subsection (3)" there shall be substituted the words "subsections (3) and (3A)".
  (3) After subsection (3) (restriction on charging by agreement for trade effluent functions) there shall be inserted—
  "(3A) The power of a sewerage undertaker to charge, by virtue of subsection (1) above, for any services provided in the course of carrying out its duty under section 101A(1) above shall be exercisable only by or in accordance with a charges scheme under section 143 below."
  . In section 143 of that Act (charges schemes) after subsection (3) (charges which may be imposed in certain cases) there shall be inserted—
  "(3A) A sewerage undertaker is under a duty to ensure that any charges scheme made by the undertaker, so far as having effect to recover the undertaker's costs of providing a sewer by virtue of its duty under section 101A(1) above, causes those costs to be borne by the undertaker's customers generally; and a sewerage undertaker's duty under this subsection shall be enforceable under section 18 above—

  (a) by the Secretary of State; or

  (b) with the consent of or in accordance with a general authorisation given by the Secretary of State, by the Director."

  . Section 151 of that Act shall cease to have effect.'.
  Earl Ferrers: My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 276 and 277 en bloc. I should like to speak also to Amendments Nos. 279, 280, 317 and 328.
  During our consideration of this Bill, a number of amendments were moved that would place a duty on water undertakers to promote the efficient use of water by their customers. My noble friend Lord Ullswater was sympathetic to this intention, and the Government undertook to consider such provisions during the passage of the Bill through Parliament.
  The first part of Amendment No. 276 places a duty on water undertakers to promote the efficient use of water by their customers. Some water undertakers already consider this part of their customer care service; others could do more. The duty is backed up by a discretionary power for the Director General of Water Services to set standards of performance, where necessary, after taking account of the water resource situation in the undertaker's area and after consultation with the undertaker. The standards that the director general sets, and the undertaker's performance in meeting them will be made available to customers.

  1651
  We expect those standards to include the offering to customers of facilities, such as a low-cost voluntary metering scheme, and information on water use, which will enable them to make informed choices about how to use water efficiently. But there will be no compulsion on customers. The tone is one of encouragement. There is a dearth of information about the efficient use of water available to customers. Inefficient use of water will lead to requirements for new resources to be developed, the construction of new or expanded water treatment and waste water treatment plant and a consequent increase in customers' bills to pay for all that capital expenditure. I believe that the proposals here will help to inform customers and lead to a reduction in water use.
  The second part of Amendment No. 276 will make easier the provision of first-time connection to mains sewerage of existing premises. It puts a new requirement on a sewerage undertaker to provide public sewers to be used for the drainage for domestic purposes of premises in any locality in its area where there are adverse effects to the environment or amenity arising from the existing system, and where this is the most cost-effective solution.
  In the event of any dispute there is provision for a right to apply to the new Environment Agency to rule on whether there is a case for extending the mains sewerage network. These powers relate only to existing properties and do not cover future development. My department will issue guidance to the undertakers and the agency on the relevant issues to be taken into account in assessing the cost-effectiveness of the various solutions.
  Amendment No. 279 is a technical amendment. In Committee my noble friend Lord Crickhowell moved an amendment very similar to Amendment No. 280 to enable the agency to issue drought permits under certain circumstances on application by water undertakers, which we agreed to consider. Amendment No. 280 allows the agency to issue drought permits which would have the same effect as drought orders. The new power is to be parallel to the existing drought order powers. The power of the agency to issue such permits is to be exercisable in the same circumstances as the present power to make drought orders. I commend the amendments to the House.
  Moved, That the House do agree with the Commons in their Amendments Nos. 276 and 277 en bloc.—(.Earl Ferrers.)
  Baroness Nicol: My Lords, I welcome Amendment No. 276, which fulfils the aims of an amendment that I put forward at an earlier stage. I particularly welcome the noble Earl's interpretation of the provisions which will mean that water metering will not be compulsorily imposed on customers.
  However, I have one niggle. All the emphasis is placed on the efficient use of water by customers. Why should we not include the efficient use of water by water companies? The mains which supply water to customers have been leaking with a 25 per cent. loss throughout the time that I have discussed the subject as a Member of your Lordships' House. Despite the work they have done recently, I understand that that figure is still
  1652
  roughly the same. It seems to me that the water companies should be included in the need to make efficient use of water, but, apart from that, I welcome the amendment.
  Baroness Thomas of Walliswood: My Lords, I wish to make some comments and ask the Minister some questions about Amendments Nos. 276 and 277. I have given the Minister notice, and I am grateful to him for outlining the contents of Amendment No. 276 so that I do not have to explain how my queries fit into that in any great detail.
  I welcome the duty now proposed to be laid upon the undertakers to provide new sewerage systems, in effect, for residential premises in their area, but it is not clear in practice what the local authorities' role will now be in requisitioning new or extended sewerage schemes in rural areas. I would be grateful if the Minister could explain how, in practice, he envisages the new system working with the old.
  There has been a marked decline in the number of new sewerage systems in recent years, although I think that I was mistaken in the note I sent the Minister when I said that that was especially since the Water Industry Act 1991. I do not believe that that was true. Given the undertakers' reluctance, acting under the present legislation, does the Minister anticipate that more rural sewerage schemes will be built as a result of the Bill, as amended by this schedule, coming into force? Such improved drainage is still urgently required in many rural areas, even though everyone will recognise that not every house can reasonably be expected to be connected to a main sewerage scheme.
  A further point relates to what considerations should be taken into account when determining whether it is appropriate for the new sewerage scheme to be provided. That comes under new Section 101A(3). As I understand it, local authorities retain their duty to ensure that private drainage systems do not pollute groundwater or damage local amenities. Will the undertakers be able to defend themselves from a request for a new or extended sewerage scheme by saying that the local authority should exercise those powers rather than attempt to requisition a new scheme? Is that what is intended by new Section 101A(3) (e)?
  I move now to new Section 101A(4) which relates to the guidance which will be issued by the Secretary of State. It can often be cheaper, and yet environmentally acceptable, to build small local treatment plants to provide main sewerage to a village community; that is to say, to do that rather than connect such communities to distant existing schemes. Yet a sewerage undertaker can frustrate a scheme by imposing engineering proposals to make the scheme financially unviable to the district council or to the residents, whomsoever is the requisitioner. Will the Government guidance indicate when the option of local treatment schemes will be acceptable?
  The powers of the environment agency to determine disputes between property owners, occupiers and the undertakers, on matters other than cost (new Section 101A(7)) are welcome, but will those powers enable also such small local schemes to be put in place where they are environmentally acceptable?

  1653
  On the matter of the settling of disputes, it is my understanding that in disputes between a requisitioning local authority and an undertaker, the local authority can seek arbitration only on matters of cost. That, at any rate, seems to be the current interpretation of Section 99(6) of the Water Industry Act 1991. Is it possible for the Government, through their guidance, to extend the scope of that arbitration to cover whether the undertaker has proposed a means of providing sewerage in the most economical or cost-effective way?
  That brings me to my final point, which is related to Amendment No. 277. Part of the amendment proposes the repeal of Section 151 of the 1991 Act; that is the discontinuance of the government grant to support local authorities' repayments to the undertakers. I am sure that I do not need to explain that at present the requisitioning local authority proposes that the undertaker does the work and then the local authority pays the amount back over a 12-year period. Let us suppose that the Government still see a role for local authorities in requisitioning sewerage schemes. Will the Minister consider extending the repayment period beyond the existing 12 years to a period which more closely reflects the life of the asset created by the new or extended scheme? Such an amendment or guidance would be some compensation to local authorities for their loss of grant.
  I am grateful to the Minister for enabling me to ask those questions.
  Lord Wise: My Lords, I am somewhat dismayed by the fact that Amendment No. 317 abolishes the government grants being paid to farmers towards first-time connections to the mains water supply and sewerage. I appreciate that much progress has been made during the past few years but, nevertheless, there are cases in which the continued availability of grants would provide a valuable incentive for farmers to connect to the mains. For example, that may be desirable in cases in which tougher environmental standards dictate that mains connection is desirable in substitution for private supplies and also the means of disposal. I am saddened that the grants will be removed. They are a great incentive and I would like to see them remain.
  Earl Ferrers: My Lords, I am grateful to the noble Baroness, Lady Nicol, for her welcome of Amendment No. 276 because it met the points about which she was anxious. She said that she was glad that the meters would not be compulsory. I must say that I have a sneaking sympathy in sharing that view too. There is a forceful argument about meters. The fact is that if supplies are metered people use less and that if people use more one must pay for the construction of reservoirs, filtering plants and heaven knows what else. All of these are expensive and so up go the water rates. Therefore, there is a sound argument for saying that people should pay for what they use and they should be encouraged not to waste water.
  The noble Baroness said that it was fine to say that customers should not waste water but what about the companies which waste water all over the place—
  Lord Williams of Elvel: My Lords, I am sorry to interrupt the Minister. He appeared to imply that he was sympathetic to the idea of compulsory water metering. I hope that even at this late stage he will reiterate his personal view and the view of the Government; that they are against compulsory water metering.
  Earl Ferrers: My Lords, it is too late to be put on the spot by the noble Lord, Lord Williams. I was merely trying to explain to the noble Baroness, Lady Nicol, that I too had a certain amount of sympathy with her view. However, there is the other side to the issue. It is a question of, on the one hand, this and, on the other hand, that. I thought that I was travelling a narrow course. I was saying that there are arguments for compulsory metering but that compulsory metering is not on the menu at the moment.
  The noble Baroness was concerned about the fact that consumers appear to be encouraged to save water but not the companies. Section 37 places a duty on water companies to provide an efficient and economic system of water supply. They would not do that if they wasted their water in an unsatisfactory way.
  The noble Baroness, Lady Thomas of Walliswood, was kind enough to give me notice of some of the questions which she asked and I am deeply grateful to her for that.
  She referred to the continuing role of local authorities in requisitioning. I can assure the noble Baroness that they will continue to be able to requisition the provision of sewers in rural areas. The second part of Amendment No. 276 imposes a new duty on sewerage undertakers to provide public sewers where there are environmental problems and public sewers are the most appropriate solution in all the circumstances.
  She was concerned about whether there would be more rural sewerage schemes as a result of this Bill. It is possible that, overall, there will be more rural sewerage schemes since the new arrangements will have to provide sewers where there are environmental problems which cannot be dealt with satisfactorily by existing systems such as cesspits and septic tanks.
  She asked whether sewerage undertakers would try to avoid their obligations by suggesting that local authorities should instead use their powers. It is not intended that Section 101A(3) (e) should be used to allow a sewerage undertaker to pass the responsibility to the local authority to deal with environmental problems. Each case for connection under the new duty will be looked at on its merits. Section 101A(3) (e) is intended to allow consideration of the practicality of alternatives to public sewerage such as the maintenance or repair of existing cesspits or septic tanks and to decide on which is the most cost effective solution.
  She was concerned also about small local treatment plants. Once it has been agreed or determined under the new arrangements that the undertaker has a duty to provide a public sewer, it will be for the undertaker to decide which method of disposal and treatment should be used to carry out its existing duty under Section 94 of the Water Industry Act to make the necessary provision for the disposal of sewage. The guidance under the new provisions will not deal with specific options for sewage disposal.

  1655
  The noble Baroness asked whether the agency would be able to determine that small local schemes should be used. Again, where it has been agreed or determined under the new provisions that it is appropriate to provide a public sewer—in other words, where there are environmental problems and that is the best solution in all the circumstances—the decision on the type of system will be for the undertaker. The agency will be able to make non-binding recommendations about that.
  The noble Baroness asked whether the Government would extend the scope of arbitration under the requisitioning provisions and would consider extending the existing 12-year repayment period for those who requisition, for example, local authorities. Both those matters concern the requisitioning provisions in Section 99 of the Act which are not the subject of the amendments which we are considering this evening. Those amendments introduce a new duty to provide sewers where there are environmental problems and mains sewerage is the most appropriate solution.
  My noble friend Lord Wise said that he is sorry that grants to farmers are being stopped and that it was better for farmers to be connected to the mains rather than using private supplies. I understand his feelings in that regard but we feel that grants have outlived their usefulness. The number of properties not connected to the mains has reduced significantly since grants were first introduced and a more practical solution for the remaining properties is now required. If a householder's sewerage is causing problems, that can be rectified without the need for it to be connected to the mains, such as by renewing the cesspit, and that is the most cost-effective solution. It is considered that the taxpayer's money should not be used to meet those costs.
  I hope that your Lordships are satisfied with regard to the points that have been raised and I commend the amendments.
  On Question, Motion agreed to.

  COMMONS AMENDMENTS
  278 Schedule 18, page 239, leave out lines 31 to 33 and insert:
  `(2) In subsection (3) (a) of that section (exception for disclosure of information for purposes of functions under certain enactments)—

  (a) for the words "the NRA" there shall be substituted the words "the Environment Agency, the Scottish Environment Protection Agency"; and

  (b) for the words "or the Water Act 1989" there shall be substituted the words ", the Water Act 1989, Part I or 11A of the Environmental Protection Act 1990 or the Environment Act 1995".

  (3) In subsection (4), in paragraph (a) (which provides that nothing in subsection (1) shall limit the matters which may be included in reports made by specified bodies under specified enactments)—

  (a) for the words "the NRA" there shall be substituted the words "the Environment Agency, the Scottish Environment Protection Agency"; and

  (b) for the words "or of the Water Resources Act 1991" there shall be substituted the words ", Part I or IIA of the Environmental Protection Act 1990, the Water Resources Act 1991 or the Environment Act 1995"

  279 Page 241, line 22, leave out 'under' and insert 'by virtue of'.
  280 Page 241, line 22, at end insert:
  '. After section 79 of that Act (compensation and charges where drought order made) there shall be inserted—
  "Drought permits.
  79A.—(1) If the Agency is satisfied that, by reason of an exceptional shortage of rain, a serious deficiency of supplies of water in any area exists or is threatened then, subject to the following provisions of this section, it may, upon the application of a water undertaker which supplies water to premises in that area, issue to that undertaker a drought permit making such provision authorised by this section as appears to the Agency to be expedient with a view to meeting the deficiency.
  (2) A drought permit may contain any of the following provisions, that is to say.—

  (a) provision authorising the water undertaker to which it is issued to take water from any source specified in the permit subject to any conditions or restrictions so specified;

  (b) provision suspending or modifying, subject to any conditions specified in the permit, any restriction or obligation to which that undertaker is subject as respects the taking of water from any source.

  (3) A drought permit shall specify.—

  (a) the day on which it comes into force; and

  (b) the period for which, subject to subsections (4) and (5) below, any authorisation given, or suspension or modification effected, by the permit is to have effect.

  (4) Subject to subsection (5) below, the period for which.—

  (a) an authorisation given by a drought permit, or

  (b) a suspension or modification effected by such a permit,

  has effect shall expire before the end of the period of six months beginning with the day on which the permit comes into force.
  (5) At any time before the expiration of the period for which such an authorisation, suspension or modification has effect, the Agency may, by giving notice to the water undertaker to which the permit in question was issued, extend that period, but not so as to extend it beyond the end of the period of one year beginning with the day on which the permit came into force.
  (6) A drought permit which.—

  (a) authorises the taking of water from a source from which water is supplied to an inland navigation; or

  (b) suspends or modifies.—

  (i) a restriction as respects the taking of water from a source from which water is supplied to an inland navigation; or

  (ii) an obligation to discharge compensation water into a canal or into any river or stream which forms part of, or from which water is supplied to, an inland navigation,

  shall not be issued without the consent of every navigation authority exercising functions over any or all of the parts of the canal or inland navigation in question which are affected by the permit.
  (7) Schedule 8 to this Act shall have effect with respect to the procedure on an application for a drought permit as it has effect with respect to the procedure on an application for a drought order, but with the following modifications, that is to say.—

  (a) with the substitution for any reference to a drought order of a reference to a drought permit;

  1657

  (b)with the substitution for any reference to the Secretary of State of a reference to the Agency;

  (c) with the omission of the reference to the Agency in the Table in paragraph 1;

  (d) with the insertion, in paragraph 1(3) (c), of a requirement that the notice in question shall specify the address at which any objections are to be made to the Agency; and

  (e) with the omission.—

  (i) of paragraph 2(1) (a) and the word "either" immediately preceding it, and

  (ii) of paragraph 2(6).

  (8) For the purposes of sections 125 to 129 below any water authorised by a drought permit to be abstracted from a source of supply shall be treated as if it had been authorised to be so abstracted by a licence granted under Chapter II of this Part, whether the water undertaker to which the permit is issued is the holder of such a licence or not.
  (9) Section 79 above and Schedule 9 to this Act shall apply in relation to drought permits and their issue as they apply in relation to ordinary drought orders and their making.
  (10) A drought permit may—

  (a) make different provision for different cases, including different provision in relation to different persons, circumstances or localities; and

  (b) contain such supplemental, consequential and transitional provisions as the Agency considers appropriate.

  (11) In this section—

  "compensation water" has the same meaning as in section 77 above;

  "drought permit" means a drought permit under this section;

  "inland navigation" has the same meaning as in section 77 above."

  In section 80 of that Act (offences against drought orders) —

  (a) in subsection (1) (a) (taking or using water otherwise than in accordance with any condition or restriction imposed by or under a drought order) for the words "so imposed" there shall be substituted the words "imposed by or under any drought order or by any drought permit";

  (b) in subsection (2) (a) (failure to construct or maintain measuring apparatus required by any drought order) after the words "by any drought order" there shall be inserted the words "or drought permit"; and

  (c) in subsection (2) (b) (failure to allow person authorised by or under any such order to inspect etc apparatus or records) after the words "by or under any such order" there shall be inserted the words "or by virtue of any such permit".'.

  281 Page 242, line 23, at end insert:
  `() If the Agency is of the opinion that proceedings for an offence under subsection (3) above would afford an ineffectual remedy against a person who has failed to comply with the requirements of an enforcement notice, the Agency may take proceedings in the High Court for the purpose of securing compliance with the notice.'.
  282 Page 243, leave out lines 32 to 34 and insert:
  `(2F) Subject to subsection (2FF) below, where an appeal is brought by virtue of subsection (1) (c) above against a decision—

  (a) to revoke a discharge consent,

  1658

  (b) to modify the conditions of any such consent, or

  (c) to provide that any such consent which was unconditional shall be subject to conditions,

  the revocation, modification or provision shall not take effect pending the final determination or the withdrawal of the appeal.
  (2FF) Subsection (2F) above shall not apply to a decision in the case of which the notice effecting the revocation, modification or provision in question includes a statement that in the opinion of the Agency it is necessary for the purpose of preventing or, where that is not practicable, minimising—

  (a) the entry into controlled waters of any poisonous, noxious or polluting matter or any solid waste matter, or

  (b) harm to human health,

  that that subsection should not apply.
  (2FG) Where the decision under appeal is one falling within subsection (2FF) above, if, on the application of the holder or former holder of the consent, the Secretary of State or other person determining the appeal determines that the Agency acted unreasonably in excluding the application of subsection (2F) above, then—

  (a) if the appeal is still pending at the end of the day on which the determination is made, subsection (2F) above shall apply to the decision from the end of that day; and

  (b) the holder or former holder of the consent shall be entitled to recover compensation from the Agency in respect of any loss suffered by him in consequence of the exclusion of the application of that subsection;

  and any dispute as to a person's entitlement to such compensation or as to the amount of it shall be determined by arbitration.'.
  Earl Ferrers: My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 278 to 282.
  Moved, That the House do agree with the Commons in their Amendments Nos. 278 to 282.—(Earl Ferrers.)
  On Question, Motion agreed to.

  COMMONS AMENDMENTS
  283 Schedule 18, page 244, line 6, leave out '(4) (b)' and insert `(1) (which confers power to charge an application fee of £50 or such other sum as may be specified by order made by the Ministers) for the words "specified by order made by the Ministers" there shall be substituted the word "prescribed".
  (2) In subsection (4) (b) of that section'.
  284 Page 244, line 9, at end insert:
  `(3) After subsection (5) of that section there shall be inserted—
  "(6) In subsection (1) above "prescribed" means specified in, or determined in accordance with, an order made by the Ministers; and any such order may make different provision for different cases, including different provision in relation to different persons, circumstances or localities.".'.
  Earl Ferrers: My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 283 and 284. Perhaps I may also speak to Amendment No. 300 at the same time. These amendments do two things. First, they fulfil our undertaking to my noble friend Lord Mills to consider bringing forward amendments relating to scales of fees

  1659
  for land drainage consents. Secondly, they fulfil our undertaking given to the noble Earl, Lord Lytton, to consider bringing forward a suitable amendment on the management of water levels to facilitate spray irrigation.
  Moved, That the House do agree with the Commons in their Amendments Nos. 283 and 284.—(Earl Ferrers.)
  On Question, Motion agreed to.

  COMMONS AMENDMENTS
  285 Schedule 18, page 244, line 24, leave out 'In section 119(2) of that Act' and insert:
  '(1) In section 119 of that Act (duties with respect to certain funds raised under local enactments) for subsection (1) (duty of the National Rivers Authority, in respect of funds created for fishery purposes under local enactments, not to use those funds except for the purposes for which they could have been used if the Water Resources Act 1963 had not been passed) there shall be substituted—
  "(1) Where the Agency holds any funds, or any interest in any funds, which immediately before the transfer date the National Rivers Authority, by virtue of this subsection as originally enacted, was not permitted to use except for particular purposes, those funds or that interest shall not be used except for the purposes for which they could be used by virtue of this subsection as originally enacted.
  (1A) For the purposes of subsection (1) above, "the transfer date" has the same meaning as in Part I of the 1995 Act.".
  (2) In subsection (2) of that section'.
  286 Page 244, line 34, leave out paragraph 134.
  287 Page 245, line 34, at end insert:
  '140A.—(1) Section 161 of that Act (anti-pollution works and operations) shall be amended in accordance with the following provisions of this paragraph.
  (2) In subsection (1) (power, subject to subsection (2), to carry out works and operations etc) for the words "Subject to subsection (2) below," there shall be substituted the words "Subject to subsections (1A) and (2) below,".
  (3) After that subsection there shall be inserted—
  "(1A) Without prejudice to the power of the Agency to carry out investigations under subsection (1) above, the power conferred by that subsection to carry out works and operations shall only be exercisable in a case where—

  (a) the Agency considers it necessary to carry out forthwith any works or operations falling within paragraph (a) or (b) of that subsection; or

  (b) it appears to the Agency, after reasonable inquiry, that no person can be found on whom to serve a works notice under section 161A below."

  140B. After that section there shall be inserted—
  "Notices requiring persons to carry out anti-pollution works and operations.
  161A. —(1) Subject to the following provisions of this section, where it appears to the Agency that any poisonous, noxious or polluting matter or any solid waste matter is likely to enter, or to be or to have been present in, any controlled waters, the Agency shall be entitled to serve a works notice on any person who, as the case may be,—

  (a) caused or knowingly permitted the matter in question to be present at the place from which it is likely, in the opinion of the Agency, to enter any controlled waters; or

  1660

  (b) caused or knowingly permitted the matter in question to be present in any controlled waters.

  (2) For the purposes of this section, a "works notice" is a notice requiring the person on whom it is served to carry out such of the following works or operations as may be specified in the notice, that is to say—

  (a) in a case where the matter in question appears likely to enter any controlled waters, works or operations for the purpose of preventing it from doing so; or

  (b) in a case where the matter appears to be or to have been present in any controlled waters, works or operations for the purpose—

  (i) of removing or disposing of the matter;

  (ii) of remedying or mitigating any pollution caused by its presence in the waters; or

  (iii) so far as it is reasonably practicable to do so, of restoring the waters, including any flora and fauna dependent on the aquatic environment of the waters, to their state immediately before the matter became present in the waters.

  (3) A works notice—

  (a) must specify the periods within which the person on whom it is served is required to do each of the things specified in the notice; and

  (b) is without prejudice to the powers of the Agency by virtue of section 161(1A) (a) above.

  (4) Before serving a works notice on any person, the Agency shall reasonably endeavour to consult that person concerning the works or operations which are to be specified in the notice.
  (5) The Secretary of State may by regulations make provision for or in connection with—

  (a) the form or content of works notices;

  (aa) requirements for consultation, before the service of a works notice, with persons other than the person on whom that notice is to be served;

  (b) steps to be taken for the purposes of any consultation required under subsection (4) above or regulations made by virtue of paragraph (aa) above;

  (c) any other steps of a procedural nature which are to be taken in connection with, or in consequence of, the service of a works notice.

  (5A) A works notice shall not be regarded as invalid, or as invalidly served, by reason only of any failure to comply with the requirements of subsection (4) above or of regulations made by virtue of paragraph (aa) of subsection (5) above.
  (6) Nothing in subsection (1) above shall entitle the Agency to require the carrying out of any works or operations which would impede or prevent the making of any discharge in pursuance of a consent given under Chapter II of Part III of this Act.
  (7) No works notice shall be served on any person requiring him to carry out any works or operations in respect of water from an abandoned mine or an abandoned part of a mine which that person permitted to reach such a place as is mentioned in subsection (1) (a) above or to enter any controlled waters.
  (8) Subsection (7) above shall not apply to the owner or former operator of any mine or part of a mine if the mine or part in question became abandoned after 31st December 1999.
  (9) Subsections (3B) and (3C) of section 89 above shall apply in relation to subsections (7) and (8) above as they apply in relation to subsections (3) and (3A) of that section.
  (10) Where the Agency—

  (a) carries out any such investigations as are mentioned in section 161(1) above, and

  (b) serves a works notice on a person in connection with the matter to which the investigations relate,

  it shall (unless the notice is quashed or withdrawn) be entitled to recover the costs or expenses reasonably incurred in carrying out those investigations from that person.
  (11) The Secretary of State may, if he thinks fit in relation to any person, give directions to the Agency as to whether or how it should exercise its powers under this section.
  (12) In this section—
  "controlled waters" has the same meaning as in Part III of this Act;
  "mine" has the same meaning as in the Mines and Quarries Act 1954.
  Grant of and compensation for, rights of entry etc.
  161AA. —(1) A works notice may require a person to carry out works or operations in relation to any land or waters notwithstanding that he is not entitled to carry out those works or operations.
  (2) Any person whose consent is required before any works or operations required by a works notice may be carried out shall grant, or join in granting, such rights in relation to any land or waters as will enable the person on whom the works notice is served to comply with any requirements imposed by the works notice.
  (3) Before serving a works notice, the Agency shall reasonably endeavour to consult every person who appears to itߞ

  (a) to be the owner or occupier of any relevant land, and

  (b) to be a person who might be required by subsection (2) above to grant, or join in granting, any rights,

  concerning the rights which that person may be so required to grant.
  (4) A works notice shall not be regarded as invalid, or as invalidly served, by reason only of any failure to comply with the requirements of subsection (3) above.
  (5) A person who grants, or joins in granting, any rights pursuant to subsection (2) above shall be entitled, on making an application within such period as may be prescribed and in such manner as may be prescribed to such person as may be prescribed, to be paid by the person on whom the works notice in question is served compensation of such amount as may be determined in such manner as may be prescribed.
  (6) Without prejudice to the generality of the regulations that may be made by virtue of subsection (5) above, regulations by virtue of that subsection may make such provision in relation to compensation under this section as may be made by regulations by virtue of subsection (4) of section 35A of the Environmental Protection Act 1990 in relation to compensation under that section.
  (7) In this section—
  "prescribed" means prescribed in regulations made by the Secretary of State;
  "relevant land" means—

  (a) any land or waters in relation to which the works notice in question requires, or may require, works or operations to be carried out; or

  1662

  (b) any land adjoining or adjacent to that land or those waters;

  "works notice" means a works notice under section 161A above.
  Appeals against works notices.
  161B. —(1) A person on whom a works notice is served may, within the period of twenty-one days beginning with the day on which the notice is served, appeal against the notice to the Secretary of State.
  (2) On any appeal under this section the Secretary of State—

  (a) shall quash the notice, if he is satisfied that there is a material defect in the notice; but

  (b) subject to that, may confirm the notice, with or without modification, or quash it.

  (3) The Secretary of State may by regulations make provision with respect to—

  (a) the grounds on which appeals under this section may be made; or

  (b) the procedure on any such appeal.

  (4) Regulations under subsection (3) above may (among other things)—

  (a) include provisions comparable to those in section 290 of the Public Health Act 1936 (appeals against notices requiring the execution of works);

  (b) prescribe the cases in which a works notice is, or is not, to be suspended until the appeal is decided, or until some other stage in the proceedings;

  (c) prescribe the cases in which the decision on an appeal may in some respects be less favourable to the appellant than the works notice against which he is appealing;

  (d) prescribe the cases in which the appellant may claim that a works notice should have been served on some other person and prescribe the procedure to be followed in those cases;

  (e) make provision as respects—

  (i) the particulars to be included in the notice of appeal;

  (ii) the persons on whom notice of appeal is to be served and the particulars, if any, which are to accompany the notice; or

  (iii) the abandonment of an appeal.

  (5) In this section "works notice" means a works notice under section 161A above.
  (6) This section is subject to section 96 of the Environment Act 1995 (delegation or reference of appeals).
  Consequences of not complying with a works notice.
  161C.—(1) If a person on whom the Agency serves a works notice fails to comply with any of the requirements of the notice, he shall be guilty of an offence.
  (2) A person who commits an offence under subsection (1) above shall be liable—

  (a) on summary conviction, to imprisonment for a term not exceeding three months or to a fine not exceeding £20,000 or to both;

  (b) on conviction on indictment to imprisonment for a term not exceeding two years or to a fine or to both.

  (3) If a person on whom a works notice has been served fails to comply with any of the requirements of the notice, the Agency may do what that person was required to do and may recover from him any costs or expenses reasonably incurred by the Agency in doing it.
  (4) If the Agency is of the opinion that proceedings for an offence under subsection (1) above would afford an ineffectual remedy against a person who has failed

  1663
  to comply with the requirements of a works notice, the Agency may take proceedings in the High Court for the purpose of securing compliance with the notice.
  (5) In this section "works notice" means a works notice under section 161A above."
  140C. In section 162 of that Act (other powers to deal with foul water or pollution) in subsection (1) (which refers to section 161 of that Act) for the words "section 161" there shall be substituted the words "sections 161 to 161C".'.
  288 Page 246, line 31, leave out 'and (o)' and insert:

  `(o) works notices under section 161A above;

  (p) appeals under section 161B above;

  (q) convictions for offences under section 161C above;

  (r)"..

  289 Page 249, leave out lines 36 to 39 and insert:
  '150.—(1) Section 204 of that Act (restriction on disclosure of information with respect to any particular business) shall be amended in accordance with the following provisions of this paragraph.
  (2) In subsection (2) (a) (exception for disclosure of information for purposes of functions under certain enactments)—

  (a) for the words "the Authority" there shall be substituted the words "the Agency, the Scottish Environment Protection Agency"; and

  (b) for the words "or the Water Act 1989" there shall be substituted the words ", the Water Act 1989, Part I or IIA of the Environmental Protection Act 1990 or the 1995 Act".

  (3) In subsection (3), in paragraph (a) (which provides that nothing in subsection (1) shall limit the matters which may be included in reports made by specified bodies under specified enactments)—

  (a) after sub-paragraph (i), there shall be inserted — "(ia) the Scottish Environment Protection Agency;"; and

  (b) for the words "or that Act of 1991" there shall be substituted the words ", Part I or IIA of the Environmental Protection Act 1990, that Act of 1991 or the 1995 Act".

  (4) In paragraph (b) of that subsection, after the words "that Act" there shall be inserted the words "of 1991".'.
  290 Page 250, line 1, at end insert:
  `() The definition of "the Authority" shall be omitted.'.
  291 Page 250, line 30, leave out `(local inquiries)' and insert '(inquiries and other hearings)'.
  292 Page 250, line 51, leave out from '(1)' to end of line 52 and insert 'and (2) of section 50 (inquiries and other hearings);".'.
  293 Page 251, line 2, after `(b)' insert:

  `(i) after the words "161" there shall be inserted the words "to 161C"; and

  (ii)"..

  294 Page 251, line 6, leave out `to (3)' and insert 'and (2)'.
  Earl Ferrers: My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 285 to 294.
  Moved, That the House do agree with the Commons in their Amendments Nos. 285 to 294.—(Earl Ferrers.)
  On Question, Motion agreed to.

  COMMONS AMENDMENT
  295 Schedule 18, page 251, line 24, leave out from beginning to 'there' and insert:
  1664
  '158A. In Schedule 10 to that Act (discharge consents) after paragraph 7 (restriction on variation and revocation of consent and previous variation) there shall be added—
  "General review of consents
  8.—(1) If it appears appropriate to the Secretary of State to do so he may at any time direct the Authority to review—

  (a) the consents given under paragraphs 2 and 5 above, or

  (b) any description of such consents,

  and the conditions (if any) to which those consents are subject.
  (2) A direction given by virtue of sub-paragraph (1) above

  (a) shall specify the purpose for which, and

  (b) may specify the manner in which, the review is to be conducted.

  (3) After carrying out a review pursuant to a direction given by virtue of sub-paragraph (1) above, the Authority shall submit to the Secretary of State its proposals (if any) for—

  (a) the modification of the conditions of any consent reviewed pursuant to the direction, or

  (b) in the case of any unconditional consent reviewed pursuant to the direction, subjecting the consent to conditions.

  (4) Where the Secretary of State has received any proposals from the Authority under sub-paragraph (3) above in relation to any consent he may, if it appears appropriate to him to do so, direct the Authority to do, in relation to that consent, anything mentioned in paragraph 6(2) (b) or (c) above.
  (5) A direction given by virtue of sub-paragraph (4) above may only direct the Authority to do, in relation to any consent,—

  (a) any such thing as the Authority has proposed should be done in relation to that consent, or

  (b) any such thing with such modifications as appear to the Secretary of State to be appropriate."

  159. For that Schedule'.
  Earl Ferrers: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 295.
  Moved, That the House do agree with the Commons in their Amendment No. 295.—(Earl Ferrers.)
  The Deputy Speaker (Lord McColl of Dulwich): My Lords, in calling Amendment No. 295A, I should inform the House that the following words should be inserted before the words printed in the Marshalled List:
  "After inserting subsection (8) (1) insert—".
  [Amendment No. 295A, as an amendment to Amendment No. 295, not moved.]
  On Question, Motion agreed to.

  COMMONS AMENDMENTS
  296 Schedule 18, page 251, line 34, at end insert:
  '(1A) Regulations made by the Secretary of State may make provision for enabling the Agency to direct or determine that any such advertising of an application as is required under sub-paragraph (1) (b) above may, in any case, be dispensed with if, in that case, it appears to the Agency to be appropriate for that advertising to be dispensed with.'.
  297 Page 256, line 39, at end insert:
  'General review of consents
  8A.—(l) If it appears appropriate to the Secretary of State to do so he may at any time direct the Agency to review—

  (a) the consents given under paragraph 3 or 6 above, or

  (b) any description of such consents,

  and the conditions (if any) to which those consents are subject.
  (2) A direction given by virtue of sub-paragraph (I) above—

  (a) shall specify the purpose for which, and

  (b) may specify the manner in which,

  the review is to be conducted.
  (3) After carrying out a review pursuant to a direction given by virtue of sub-paragraph (1) above, the Agency shall submit to the Secretary of State its proposals (if any) for—

  (a) the modification of the conditions of any consent reviewed pursuant to the direction, or

  (b) in the case of any unconditional consent reviewed pursuant to the direction, subjecting the consent to conditions.

  (4) Where the Secretary of State has received any proposals from the Agency under sub-paragraph (3) above in relation to any consent he may, if it appears appropriate to him to do so, direct the Agency to do, in relation to that consent, anything mentioned in paragraph 7(2) (b) or (c) above.
  (5) A direction given by virtue of sub-paragraph (4) above may only direct the Agency to do, in relation to any consent,—

  (a) any such thing as the Agency has proposed should be done in relation to that consent, or

  (b) any such thing with such modifications as appear to the Secretary of State to be appropriate.'.

  298 Page 257, line 46, leave out '(local inquiries)' and insert '(inquiries and other hearings)'.
  299 Page 257, line 50, leave out '(local inquiries)' and insert `(inquiries and other hearings)'.
  300 Page 258, line 41, at end insert:
  '167A.—(1) In section 23 of that Act (prohibition on obstructions etc in watercourses) in subsection (2) (which confers power to charge an application fee of £50 or such other sum as may be specified by order made by the Ministers) for the words "specified by order made by the Ministers" there shall be substituted the word "prescribed".
  (2) After subsection (7) of that section there shall be inserted—
  "(7A) In subsection (2) above "prescribed" means specified in, or determined in accordance with, an order made by the Ministers; and any such order may make different provision for different cases, including different provision in relation to different persons, circumstances or localities."
  167B. At the beginning of Part V of that Act (miscellaneous and supplemental provisions) there shall be inserted—
  "Spray irrigation
  Powers of internal drainage boards and local authorities to facilitate spray irrigation.
  61F.—(1) Any internal drainage board or local authority may, with the consent of the Agency, operate any drainage works under the control of the board or authority so as to manage the level of water in a watercourse for the purpose of facilitating spray irrigation.
  (2) Subsection (1) above is without prejudice to

  (a) the powers of an internal drainage board or local authority in relation to drainage; or

  (b) any requirement—

  (i) for any other consent of the Agency or any other person; or

  (ii) for any licence, approval, authorisation or other permission or registration."

  167C.—'.
  301 Page 259, line 15, at end insert:
  '169A. In section 59 of that Act (local inquiries) in subsection (I).—

  (a) for the words "a local inquiry" there shall be substituted the words "an inquiry"; and

  (b) for the words "such an inquiry" there shall be substituted the words "an inquiry";

  and for the side-note to that section there shall accordingly be substituted "Inquiries.".'.
  302 Page 259, line 29, leave out 'subsection (7)' and insert:
  `subsection (1) (c) (application to be accompanied by prescribed fee), for the words "prescribed fee" there shall be substituted the words "charge prescribed for the purpose by a charging scheme under section 39 of the Environment Act 1995".
  (2) In subsection (7) of that section'.
  303 Page 259, line 35, leave out from 'apparatus)' to end of line 38 and insert:
  'in subsection (1) (c) (application to be accompanied by prescribed fee), for the words "prescribed fee" there shall be substituted the words "charge prescribed for the purpose by a charging scheme under section 39 of the Environment Act 1995".
  (2) In each of subsections (3) and (5) (b) of that section (duty to supply copy of application, and to send copy of certificate, to local authority),'.
  304 Page 259, line 46, at end insert:
  `() In subsection (4) (application to be accompanied by prescribed fee), for the words "prescribed fee" there shall be substituted the words "charge prescribed for the purpose by a charging scheme under section 39 of the Environment Act 1995".'.
  305 Page 263, line 31, at end insert:
  In section 32 of that Act (offences relating to registration or authorisation, including the offence of failure to comply with the requirements of an enforcement or prohibition notice under section 21 or 22 of the Act) after subsection (2) there shall be added
  "(3) If the appropriate Agency is of the opinion that proceedings for an offence under subsection (1) (d) would afford an ineffectual remedy against a person who has failed to comply with the requirements of a notice served on him under section 21 or 22, that Agency may take proceedings in the High Court or, in Scotland, in any court of competent jurisdiction, for the purpose of securing compliance with the notice.".'.
  . In section 34(1) of that Act (which, with certain exceptions, makes it an offence to disclose certain trade secrets) after paragraph (b) (no offence where disclosure made in accordance with directions) there shall be inserted—

  1667
  "(bb) under or by virtue of section (Disclosure of information) of the Environment Act 1995, Or'
  306 Page 263, line 50, at end insert:
  '.Section 42(5) of that Act (which precludes, in the interests of national security, the exercise of certain powers of entry in relation to Crown premises and which is superseded by provisions of this Act) shall cease to have effect.'.
  307 Page 264, line 13, at end insert:
  `() In the definition of "prescribed", the words from "or, in relation to fees" onwards shall cease to have effect.'.
  308 Page 264, line 34, leave out '42, 46 and 56(1) to (4)' and insert '42B, 46 to 46C and 56(1) to (3)'.
  309 Page 264, line 34, at end insert:
  'The Local Government (Wales) Act 1994
  199A. In Schedule 9 to the Local Government (Wales) Act 1994 (which makes provision for the transfer to the new principal councils in Wales of functions in relation to public health and related matters), in paragraph 17(2) (which amends the definitions of waste regulation and disposal authorities for the purposes of Part II of the Environmental Protection Act 1990) for the words "each of subsections (1) (f) and (2) (f)" there shall be substituted the words "subsection (2) (f)".'.
  310 Page 264, line 38, at end insert:
  '() In Schedule 13 to that Act (minor and consequential amendments) in paragraph 75(27) (which amends certain provisions of the Sewerage (Scotland) Act 1968) for the words from the beginning to "premises)" there shall be substituted the words "In section 53 (notices to be in writing)".'.
  311 Schedule 19, page 267, line 44, at end insert:
  `The Public Records Act 1958
  .—(1) Such of the administrative and departmental records (in whatever form or medium) of a transferor as are transferred to and vested in the Agency by or under section 3 of this Act shall be treated for the purposes of the Public Records Act 1958 as administrative or departmental records of the Agency.
  (2) In this paragraph, "transferor" means any body or person any or all of whose administrative and departmental records are transferred to and vested in the Agency by or under section 3 of this Act.'.
  312 Page 268, line 9, at end insert:
  '.—(1) Where for any year, a Rate Support Grant Report under section 60 of the Local Government, Planning and Land Act 1980, or a supplementary report under section 61 of that Act, has effect to determine the amount of supplementary grants to be paid under section 7 of the Local Government Act 1974 to the council of a county or county borough in Wales, and at any time—

  (a) after that report or, as the case may be, that supplementary report is approved by a resolution of the House of Commons, but

  (b) not later than the end of that year,

  a body corporate constituted as a National Park planning board for a National Park the whole or any part of which is included in that county or county borough becomes the National Park authority for that National Park by virtue of section 61 of this Act, those supplementary grants shall, subject to the provisions of any, or any further, such supplementary report, continue to be paid for that year notwithstanding that that body corporate has ceased to be a National Park planning board.
  (2) In this paragraph—
  "National Park planning board" has the meaning given by section 61(9) of this Act; and

  "year" means a period of 12 months beginning with 1st April.'.
  313 Page 268, line 36, leave out '11(4) or I4(3)' and insert 'or 11(4)' .
  314 Page 268, line 50, at end insert:
  '(4A) Without prejudice to section 16 or 17 of the Interpretation Act 1978, any exemption granted under subsection (1) or (2) of section 14 of the Salmon and Freshwater Fisheries Act 1975 which is in force immediately before the substitution date shall have effect on and after that date as an exemption granted by the Agency under subsection (2) or, as the case may be, subsection (3) of section 14 of that Act as substituted by paragraph 13 of Schedule 12 to this Act.
  (4B) Any grating constructed and placed in a manner and position approved under section 14(3) of that Act as it had effect before the substitution date (including a grating so constructed and placed at any time as a replacement for a grating so constructed and placed) shall, if—

  (a) the approval was in force immediately before the substitution date, and

  (b) the grating is maintained in accordance with the approval,

  be taken for the purposes of section 14 of that Act, as substituted by paragraph 13 of Schedule 12 to this Act, to be a screen which complies with the requirements of subsection (2) (a) or (3) (a) of that section, according to the location of the grating, and with the requirements of subsections (4) to (6) of that section.'.
  315 Page 269, line 4, at end insert:
  "'grating" means a device in respect of which there is in force, immediately before the substitution date, an approval given for the purposes of the definition of "grating" in section 41(1) of the Salmon and Freshwater Fisheries Act 1975 as it had effect before that date;
  "the substitution date" means the date on which paragraph 13 of Schedule 12 to this Act comes into force;'.
  316 Page 269, line 7, at end insert:
  'The Local Government Finance Act 1988
  .—(1) Without prejudice to the generality of subsection (4) of section 61 of this Act, where an order has been made under section 60 of this Act by virtue of section 61(1) of this Act designating a date in relation to a Welsh National Park planning board, the body corporate constituted as that board may at any time before the designated date issue a levy by virtue of section 68 of this Act for a year at or before the beginning of which that body becomes the National Park authority for the National Park in question by virtue of section 61 of this Act as if it were the National Park authority for that National Park, notwithstanding that it has not in fact become a National Park authority at the date when it issues the levy.
  (2) Without prejudice to the generality of section 74 of the Local Government Finance Act 1988, where—

  (a) an order is made under section 60 of this Act by virtue of section 61(1) of this Act designating a date in relation to a Welsh National Park planning board; and

  (b) the designated date is a date falling after the beginning, but before the end, of a year in respect of which, at the time the order is made, that board has not issued any levy under that section 74,

  that board may nonetheless issue such a levy in respect of that year as if the body corporate constituted as that board was not in fact going to become the National Park authority for the National Park in question by virtue of that order before the end of that year.
  (3) Sub-paragraph (5) below applies in a case where a levy is issued in respect of any year by a Welsh National Park planning board under section 74 of the Local Government Finance Act 1988 and—

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  (a) that levy is issued by that board at a time when no order has been made under section 60 of this Act by virtue of section 61(1) of this Act designating a date in relation to that board; and

  (b) after the levy is issued, but no later than the end of the year in respect of which it is issued, such an order is so made designating in relation to that board a date falling not later than the end of that year.

  (4) Sub-paragraph (5) below also applies in a case where a levy is issued in respect of any year by a Welsh National Park planning board under section 74 of the Local Government Finance Act 1988 and—

  (a) that levy is issued by that board at a time after an order has been made under section 60 of this Act by virtue of section 61(1) of this Act designating a date in relation to that board; and

  (b) the designated date is a date falling after the beginning, but before the end, of that year.

  (5) In a case where this sub-paragraph applies, the levy in question or any levy substituted for that levy—

  (a) shall have effect or, as the case may be, continue to have effect; and

  (b) in particular, but without prejudice to the generality of paragraph (a) above, shall be paid or, as the case may be, continue to be paid,

  as if the body corporate constituted as that board was not to, or had not, so become the National Park authority for the National Park in question (but was to continue, or had continued, to be the National Park planning board for that Park for the whole of that year).
  (6) Where a body corporate constituted as a Welsh National Park planning board has or is to become the National Park authority for the National Park in question by virtue of an order made under section 60 of this Act by virtue of section 61(1) of this Act, nothing in this paragraph authorises that body corporate to issue for any year both a levy under section 74 of the Local Government Finance Act 1988 and a levy by virtue of section 68 of this Act.
  (7) In this paragraph—
  "the designated date" has the same meaning as in section 61 of this Act;
  "National Park planning board" has the meaning given by section 61(9) of this Act;
  "Welsh National Park planning board" means a National Park planning board for the area of a National Park in Wales;
  "year" means a period of 12 months beginning with 1st April;
  and any reference to the issue of a levy under section 74 of the Local Government Finance Act 1988 by a Welsh National Park planning board is a reference to the issue of a levy under that section by such a board by virtue of subsection (7) of that section.'.
  317 Page 270, line 42, at end insert:
  'The Water Industry Act 1991
  —(1) Where, before the coming into force of the repeal by this Act of section 151 of the Water Industry Act 1991 (financial contributions to rural services), the Secretary of State has received an application from a relevant undertaker for a contribution under that section, he may, notwithstanding the coming into force of that repeal;

  (a) give any such undertaking for any contribution sought by that application as he could have given under that section prior to the coming into force of that repeal;

  (b) make any payments provided for in an undertaking given by virtue of this sub-paragraph.

  (2) Notwithstanding the coming into force of the repeal by this Act of that section—
  1670

  (a) the Secretary of State may make any payments provided for in an undertaking given by him under that section prior to the coming into force of that repeal;

  (b) subsection (4) of that section (withholding and reduction of contributions) shall—

  (i) continue to have effect in relation to contributions which the Secretary of State, before that repeal of that section, gave an undertaking under that section to make; and

  (ii) have effect in relation to contributions which the Secretary of State has, by virtue of sub-paragraph (1) above, undertaken to make.'.

  318 Schedule 20, page 273, line 34, column 3, leave out 'Section 50(3) (e).' and insert 'In section 50(3), paragraph (e) and the words from "and "National Parks planning authority" means" onwards.'.
  319 Page 274, line 12, at end insert:

  '1972 c. 52.

  The Town and Country Planning (Scotland) Act 1972.

  Section 251A.'.

  320 Page 274, column 3, leave out line 21 and insert:
  '(a) in subsection (2), the words "and Schedule 17 to this Act",'.
  321 Page 274, column 3, leave out lines 23 to 27 and insert
  'words "subject to Schedule 17 of this Act"; and'.
  322 Page 277, line 47, column 3, at end insert:

  'In section 30, the paragraph defining "fish farm".In section 41(1), the definition of "grating".'.

  323 Page 281, line 3, column 3, leave out '7(8)' and insert '7(2) and (8)'.
  324 Page 281, line 47, column 3, at end insert: 'Section 105.'.
  325 Page 282, line 54, column 3, at end insert 'the words "and Wales" in paragraph (b) and'.
  326 Page 283, column 3, leave out line 17.
  327 Page 285, line 7, column 3, at end insert:
  '(aa) paragraph 1(13);'.
  328 Page 285, line 56, column 3, at end insert:
  'Section 151.'.
  329 Page 286, line 38, column 3, at end insert 'Section 144.'.
  330 Page 287, line 3, column 3, leave out 'definition of' and insert 'definitions of "the Authority" and'.
  331 Page 288, line 29, column 3, at end insert 'Section 42(5).'.
  332 Page 288, line 38, column 3, at end insert 'in the definition of "prescribed", the words from "or, in relation to fees" onwards'.
  333 Page 289, line 13, column 3, leave out '17(2), (4)' and insert '17(4)'.
  334 Page 289, line 13, column 3, at end insert 'In Schedule 11, paragraph 3(1) and (2).'.
  335 Page 289, line 46, column 3, after '22(1)' insert 'and (7) and, in paragraph 34(1), so much of paragraph (b) as precedes the word "and".'.
  336 Page 289, line 46, column 3, at end insert 'In Schedule (Air quality: supplemental provisions), in paragraph 1, in the definition of "National Park authority" in sub-paragraph (3), the words "subject to sub-paragraph (4) below" and sub-paragraph (4).'.
  337 Page 289, line 48, column 3, at end insert 35(10) (a), 158A and 199A.'.
  Earl Ferrers: My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 296 to 337. There was an expression that we used to have at harvest time in Norfolk when you came to the last sheaf of corn to be thrown on the trailer: "I think that this is the one we have been looking for".
  Moved, That the House do agree with the Commons in their Amendments Nos. 296 to 337.—(Earl Ferrers.)
  On Question, Motion agreed to.
  House adjourned at eight minutes before ten o'clock.