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47 Marine and Coastal Access Bill 26 OCTOBER 2009 Marine and Coastal Access Bill 48
[Lords]
[Lords]
(b) may, unless (or except to the extent that) the agreement
provides for this paragraph not to apply, authorise
a committee, sub-committee, member, officer or
employee of the body to perform the function on its
behalf.
(5) Subject to subsection (4)(b), an eligible body which is
authorised under an agreement to perform a function may not
authorise any other body or person to perform that function.
(6) Section 177 (exemption from liability) applies in relation to
any function which an eligible body is authorised under an
agreement to perform as if the reference to an IFC authority
were a reference to the eligible body.’.—(Huw Irranca-Davies.)
Brought up, read the First and Second time, and added
to the Bill.
New Clause 6
SUPPLEMENTARY PROVISIONS WITH RESPECT TO
AGREEMENTS UNDER SECTION [POWER TO ENTER INTO
AGREEMENTS WITH ELIGIBLE BODIES]
‘(1) An agreement under section [Power to enter into
agreements with eligible bodies], and any approval given by the
Secretary of State under that section, must be in writing.
(2) An IFC authority which has entered into an agreement
with an eligible body must arrange for a copy of the agreement to
be published in a way that the IFC authority thinks is suitable for
bringing it to the attention of persons likely to be affected by it.
(3) No power of a Minister of the Crown under any enactment
to give directions to a statutory body extends to giving a
direction—
(a) requiring it to enter into an agreement under section
[Power to enter into agreements with eligible bodies];
(b) prohibiting it from entering into such an agreement;
(c) requiring it to include, or prohibiting it from including,
particular terms in such an agreement;
(d) requiring it to negotiate, or prohibiting it from
negotiating, a variation or termination of such an
agreement.
(4) Schedule 15 to the Deregulation and Contracting Out
Act 1994 (c. 40) (restrictions on disclosure of information)
applies in relation to an authorisation by an IFC authority or an
eligible body under section [Power to enter into agreements with
eligible bodies] or [Agreements under section [Power to enter into
agreements with eligible bodies]: particular powers] of this Act as
it applies in relation to an authorisation under section 69 of that
Act by an office-holder.’.—(Huw Irranca-Davies.)
Brought up, read the First and Second time, and added
to the Bill.
Clause 160
BYELAWS: PROCEDURE
Amendment made: 6, page 108, line 29, at end insert—
‘( ) Regulations under this section may make different
provision for cases where an IFC authority has entered into an
agreement under section [Power to enter into agreements with
eligible bodies] authorising a body to perform any of the
authority’s functions relating to byelaws.’.—(Huw Irranca-
Davies.)
Clause 181
INTERPRETATION OF THIS CHAPTER
Amendment made: 8, page 115, line 9, at end insert—
‘“eligible body” has the meaning given by section
[Eligible bodies];’.—(Huw Irranca-Davies.)
Clause 291
THE COASTAL ACCESS DUTY
Mr. Benyon: I beg to move amendment 35, page 187,
line 28, leave out ‘is’ and insert ‘may be’.
Mr. Deputy Speaker (Sir Michael Lord): With this it
will be convenient to discuss the following:
Amendment 32, in clause 292, page 189, line 5, leave
out subsections (a) and (b) and insert—
‘(a) holds a legal estate or has a legal interest in the land,
or’.
Amendment 34, in clause 297, page 195, line 13, at
end insert—
‘(1) The Secretary of State must, by regulation, set out the way
in which a person with a relevant interest in land may require
Natural England to review a coastal access report. Reasons for
review may include—
(a) proposed or actual changes in the use of land;
(b) review of existing directions or proposed new
directions made under Chapter 2 or Part 1 of the
CROW Act for the exclusion or restriction of the
right of access.
(2) The regulations referred to in subsection (1) must set out
the way in which a person with a relevant interest in land may
make an objection under the procedure set out in Schedule 19
including objections against the refusal of Natural England to
undertake a review, or to carry out the review within specified
timescales, or to amend a coastal access report.’.
Amendment 33, page 197, line 49, leave out subsections
(a) and (b) and insert—
‘(a) holds a legal estate or has a legal interest in the land,
or’.
Amendment 40, page 200, line 32, at end insert—
‘(10) The Secretary of State shall within 2 years from the
commencement of this section lay before Parliament a report
which shall appraise the progress made in establishing long
distance coastal routes in England with particular regard to—
(a) the voluntary inclusion of parkland;
(b) the inclusion of the Isle of Wight;
(c) the addition of further islands reachable by ferry;
(d) the use of seasonal ferries as part of the coastal path.
(11) In the report required in (10) The Secretary of State shall
append proposals to remedy shortcomings in the establishment
of coastal routes that are apparent to him as a result of its
presentation.’.
Amendment 37, page 202, line 26, leave out Clause 300.
Clause 166
POWERS OF IFC OFFICERS
Amendment made: 7, page 110, line 22, leave out ‘by
the authority for the district’ and insert
‘under section 155 for the district (or having effect as if so
made)’.—(Huw Irranca-Davies.)
Mr. Benyon: We move on to part 9 of the Bill, on
coastal access. Many Members might feel, like me, that
that part of the Bill has been bolted on to 300 clauses of
very important marine Bill. That has risked diverting
some of our energies and intentions away from an
important part of the Bill. We all want to see more
access to our countryside in all its forms: whether this
was the right part of the Bill to do that is questionable,