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sho
Wildlife and Countryside
[ 19 OCTOBER 1981 ]
also like to move Amendment No. 238. This is the first of several amendments to the provisions in Schedule 15 relating to the making and confirmation of public path creation, diversion and extinguishment orders under the Highways Act 1980. I beg to move. Moved, That this House doth agree with the Com- mons in the said amendments-(The Earl of Avon.)
On Question, Motion agreed to.
COMMONS AMENDMENT 239 Page 101, line 39, leave out 'council'.
The Earl of Avon: My Lords, I beg to move that this House doth agree with the Commons in their Amend- ment No. 239. This minor drafting amendment deletes the unnecessary duplication of the word
council". I beg to move.
CC
Moved, That this House doth agree with the Com- mons in the said amendment.-(The Earl of Avon.)
On Question, Motion agreed to.
240
241
COMMONS AMENDMENTS
Page 101, line 43, leave out 'such other bodies as may be prescribed' and insert 'every person on whom notice is required to be served in pursuance of sub-paragraph (3ZA) or (3ZB) below; and
(iv) such other persons as may be prescribed in relation to
the area in which that land is situated.'.
Page 102, leave out lines 13 to 16 and insert:
6
' (3ZA) Any person may, on payment of such reason- able charge as the authority may consider appropriate, require an authority to give him notice of all such public path creation orders, public path extinguishment orders and public path diversion orders as are made by the authority during a specified period, are of a specified description and relate to land comprised in a specified area; and in this sub-paragraph "specified" means specified in the requirement.
(3ZB) Any person may, on payment of such reasonable charge as the Secretary of State may consider appropriate, require the Secretary of State to give him notice of all such draft public path creation orders, draft public path extinguishment orders and draft public path diversion orders as are prepared by the Secretary of State during a specified period, are of a specified description and relate to land comprised in a specified area; and in this sub- paragraph specified means specified in the require-
ment.'.
66
The Earl of Avon: My Lords, I beg to move that this House doth agree with the Commons in their Amendments Nos. 240 and 241. This amendment and the next amendment to follow give effect to the proposal that persons should be able to arrange with order- making authorities to be notified of orders on a stand- ing order basis as recommended by the Spicer Com- mittee.
Moved, That this House doth agree with the Com- mons in the said amendments. (The Earl of Avon.)
On Question, Motion agreed to.
242
COMMONS AMENDMENT
Schedule 15, page 102, line 24, leave out ' (3C) The ' and insert:
' (4) After sub-paragraph (4) of that paragraph there shall be inserted the following sub-paragraphs-
“(4A) Sub-paragraph (3)(b) and (c) and, where applicable, sub-paragraphs (3A) and (4) above shall be
Bill [H.L.]
678
complied with not less than 28 days before the expira- tion of the time specified in the notice.
(4B) A notice required to be served by sub-paragraph (3)(b)(i), (ii) or (iv) above shall be accompanied by a copy of the order.
(4C)A".
The Earl of Avon: My Lords, I beg to move that this House doth agree with the Commons in the said amendment. As with Amendment No. 233, this amendment serves two purposes. It ensures that the minimum 28 days in which to object to orders is available to persons entitled to be notified of the making of orders and that the site notices are displayed at least 28 days before the objection period expires.
In addition, it implements the Spicer Committee recommendation that the various persons notified of the making of public path orders, with the exception of those persons notified of orders as a result of a standing order arrangement, should also be sent a copy of the order. I beg to move.
Moved, That this House doth agree with the Com- mons in the said amendment. (The Earl of Avon.)
On Question, Motion agreed to.
243
COMMONS AMENDMENT
Schedule 15, page 102, line 27, leave out as made”.
10.11 p.m.
The Earl of Avon: My Lords, I beg to move that this House doth agree with the Commons in the said amendment. This drafting amendment simply omits from this sub-paragraph the words as made". I beg to move.
Moved, That this House doth agree with the Com- mons in the said amendment.--(The Earl of Avon.)
On Question, Motion agreed to.
244
COMMONS AMENDMENT Schedule 15, page 102, line 27, at end insert:
'(4D) In sub-paragraph (3)(c)(ii) above council offices means offices or buildings acquired or provided by a council, or by the council of a parish or community or the parish meeting of a parish not having a separate parish council.".
The Earl of Avon: My Lords, I beg to move that this House doth agree with the Commons in the said amend- ment. This amendment, in common with Amendment No. 232, brings the definition of " council offices" into line with that in Schedule 14. I beg to move.
Moved, That this House doth agree with the Com- mons in the said amendment.-(The Earl of Avon.)
On Question, Motion agreed to.
245
COMMONS AMENDMENT
Schedule 15, page 102, line 30, leave out under para- graph 2 above' and insert of the Secretary of State under paragraph 2 above as respects an order made by an authority other than the Secretary of State'.
The Earl of Avon: My Lords, I beg to move that this House doth agree with the Commons in the said amendment. As with previous amendments on the subject. this is a clarification amendment. I beg to
move.