HL Deb 23 November 2000 vol 619 cc1050-1

6. In paragraph 13(1) of Schedule 13 to the Wildlife and Countryside Act 1981 (Countryside Agency's annual report on the discharge of their functions) after "1968 Act" there is inserted ", the Countryside and Rights of Way Act 2000".").

The noble Baroness said: My Lords, I spoke to this amendment when moving Amendment No. 15. I beg to move.

On Question, amendment agreed to.

Schedule 6 [Amendments relating to creation, stopping up and diversion of highways]:

Baroness Farrington of Ribbleton moved Amendment No. 45: Page 87, line 19, leave out from beginning to ("the") and insert ("to have due regard to— (a)")

The noble Baroness said: My Lords, in moving this amendment, I shall speak also to Amendments Nos. 46 and 47. These are all technical amendments relating to Schedule 6, which amends Section 29 of the Highways Act 1980 to require councils, when making public path creation agreements and public path orders, to have due regard to, among other things, the desirability of conserving flora, fauna and geological and physiographical features. The new duty is expressed so as not to apply in cases where similar duties are imposed by specific provisions in various other named enactments. These amendments would delete the exceptions.

The new duties imposed on public bodies by Clauses 85 and 97 to have regard to conserving and enhancing the natural beauty of AONBs and the Broads in the exercise of their functions would have required that the list in Section 29(2) were added to or removed. Indeed, if in future any new such duties were imposed, the subsection would have to be further amended. We believe that removal is the better approach. It does not limit the operation of Section 29, but rather, where the duties are concurrent, it will serve to give added emphasis to the matters that they currently seek to protect. I beg to move.

On Question, amendment agreed to.

Baroness Farrington of Ribbleton moved Amendments Nos. 46 and 47: Page 87, line 21, leave out from beginning to ("the"). Page 87, line 23, leave out from ("features") to end of line 33.

On Question, amendments agreed to.

The Deputy Speaker (Viscount Simon)

My Lords, if Amendment No. 48 is agreed to, I cannot call Amendment No. 49 due to pre-emption.

Schedule 7 [Driving of mechanically propelled vehicles elsewhere than on roads]:

[Amendment No. 48 not moved.]

Lord Whitty moved Amendment No. 49: Page 117, line 32, after ("unless") insert ("(subject to section 34A of this Act)").

On Question, amendment agreed to.

[Amendment No. 50 not moved.]

Baroness Farrington of Ribbleton moved Amendments Nos. 51 and 52: Page 117, line 50, at end insert— ("(5A) Subsection (2) above and section 34A of this Act do not extend to Scotland."). Page 118, line 11, at end insert— ("5A. After that section there is inserted—