Amendments made: No. 298 in page 98, line 43, leave out 'and' and insert—
'( ) every person on whom notice is required to be served in pursuance of sub-paragraph (2A); and'.
No. 299, in page 99, line 1, leave out
'bodies as may be prescribed'
'persons as may be prescribed in relation to the area in which that land is situated'
No. 300, in page 99, line 10, at end insert—
'(2A) Any person may, on payment of such reasonable charge as the authority may consider appropriate, require an authority to give him notice of all such 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.'.
No. 301, in page 99, leave out line 21 and insert
'(5) A notice required to be served by sub-paragraph (2)(b) on the owner or occupier of any land, or on a local authority, shall be accompanied by a copy of so much of the order as relates to that land or, as the case may be, the area of that authority; and a notice required to be served by that sub-paragraph on such other persons as may be prescribed or as the authority may consider appropriate shall be accompanied by a copy of the order.
(5A) A notice required to be displayed by sub-paragraph (2) (c).'.—[Mr. Brcoke.]
§ Mr. Andrew F. Bennett
I beg to move amendment No. 266, in page 99, line 27, after 'objections', insert—'or, if any objections or representations are made with respect to the order, the date of withdrawal of those objections or of the decision of the Secretary of State whether or not to confirm the order'.
Paragraph 3(6) of schedule 14 gives a useful power to members of the public to find out what evidence lies behind an authority's decision to make an order modifying a definitive map. However, the Ramblers' Association believes that an amendment is needed to safeguard the interests of any objector trying to prepare a case for presentation at an inquiry or hearing.
The reason for the amendment is that paragraph 3(6) applies only in the period between the publication of the notice of the making of an order and the closing date for objections. It does not apply to any subsequent period up to an inquiry or hearing or while written representations are being made.
The ramblers are concerned lest it means that an objector will be denied access to documents which will enable him to prepare information for the inquiry or hearing. The amendment extends the period to either the date on which the objections are withdrawn or the date when the Secretary of State takes a decision.
It seems to be a simple matter of natural justice that anyone trying to object to an order should have all the information that he needs to help him prepare the case. Although we have had very little from the Government so far, I hope that they will at least agree with this proposition.
§ Mr. Monro
I find it difficult to understand why the hon. Gentleman should move this amendment. As he knows, there is a statutory period when the information is available, and, of course, the authorities would have to disclose any information if a public inquiry was held. I do not see how the hon. Gentleman can argue that the 1294 information is not available to anyone who wishes to have it during the period for objection or subsequently at a public inquiry.
Paragraph 6 of the schedule fulfils the duty very adequately. There is no question of anyone not having the information. I do not understand why the hon. Gentleman feels it necessary to have additional legislation to provide for the information outwith the period during which it is legally bound to be made available, and subsequently, of course, it would be available to the inquiry.
§ Mr. Andrew F. Bennett
But if someone puts in an objection in the last day or two of the period for objections, as matters stand at the moment other people have no right to see that information, unless, of course, there is a public inquiry, when they can ask to see the information. However, if the case is to be made by written representation, as the legislation is drafted the only time that the person has a legal right to see the information is before the end of the period for objections.
§ Mr. Monro
I see the point about a very late objection being put in and that it might cause some inconvenience. Without entering into any commitment to table an amendment in the other place, I shall consider the matter again carefully. I have listened to the hon. Gentleman, and I see his point, although I believe that the position NS covered by paragraph 6. I know that the hon. Gentleman has great knowledge of these matters, and certainly I am prepared to look at this one again, but it must be without commitment.
§ Amendment negatived.
§ Amendments made: No. 86 in page 100, line 13, after 'Where', insert 'at any time'.
No. 87, in page 100, line 15, leave out from 'order' to end of line 16 and insert—
'the authority may, by notice given to the Secretary of State, elect that, for the purposes of the following provisions of this Schedule, the order shall have effect as two separate orders'.
No, 88, in page 100, line 19, at end insert—
'(2) Any reference in sub-paragraph (1) to an order includes a reference to any part of an order which, by virtue of one or more previous elections under that sub-paragraph, has effect as a separate order.'.
No. 302, in page 100, line 32, at end insert—
'(2A) A notice required to be served by sub-paragraph (2)(b) on the owner or occupier of any land, or on a local authority, shall be accompanied by a copy of so much of the order as confirmed as relates to that land or, as the case may be, the area of that authority; and, in the case of an order which has been confirmed with modifications, a notice required to be served by that sub-paragraph on such other persons as may be prescribed or as the authority may consider appropriate shall be accompanied by a copy of the order as confirmed.'.—[Mr. Monro.]
Amendment proposed: No. 90, in page 103, line 13, at end insert—
'(1A) Regulations made under sub-paragraph (1) above shall include provisions for a copy of each confirmed order to be sent to the Ordnance Survey.'.—[Mr. Andrew F. Bennett.]
§ Question put, that the amendment be made:—
§ The House divided: Ayes 7, Noes 99.1295
|Division No. 299]||[12.09 am|
|Graham, Ted||Winnick, David|
|Leighton, Ronald||Tellers for the Ayes:|
|Ross, Stephen (Isle of Wight)||Mr. Bob Cryer and|
|Spearing, Nigel||Mr. Andrew F. Bennett.|
|Alexander, Richard||Monro, Hector|
|Ancram, Michael||Morrison, Hon P. (Chester)|
|Baker, Nicholas (N Dorset)||Murphy, Christopher|
|Berry, Hon Anthony||Neale, Gerrard|
|Blackburn, John||Needham, Richard|
|Bonsor, Sir Nicholas||Neubert, Michael|
|Boscawen, Hon Robert||Newton, Tony|
|Bright, Graham||Normanton, Tom|
|Brinton, Tim||Onslow, Cranley|
|Brooke, Hon Peter||Osborn, John|
|Brown, Michael(Brigg & Sc'n)||Page, Rt Hon Sir G. (Crosby)|
|Buck, Antony||Page, Richard (SW Herts)|
|Cadbury, Jocelyn||Patten, Christopher (Bath)|
|Carlisle, John (Luton West)||Prior, Rt Hon James|
|Carlisle, Kenneth (Lincoln)||Renton, Tim|
|Clarke, Kenneth (Rushcliffe)||Rhys Williams, Sir Brandon|
|Colvin, Michael||Roberts, M. (Cardiff NW)|
|Cope, John||Roberts, Wyn (Conway)|
|Dorrell, Stephen||Rossi, Hugh|
|Dover, Denshore||Scott, Nicholas|
|Durant, Tony||Shaw, Giles (Pudsey)|
|Farr, John||Shepherd, Colin (Hereford)|
|Fenner, Mrs Peggy||Silvester, Fred|
|Goodlad, Alastair||Sims, Roger|
|Grant, Anthony (Harrow C)||Speed, Keith|
|Griffiths, Peter (Portsm'th N)||Spicer, Jim (West Dorset)|
|Gummer, John Selwyn||Spicer, Michael (S Worcs)|
|Hampson, Dr Keith||Stainton, Keith|
|Hastings, Stephen||Stevens, Martin|
|Hawkins, Paul||Stradling Thomas, J.|
|Hawksley, Warren||Taylor, Teddy (S'end E)|
|Heddle, John||Tebbit, Norman|
|Hill, James||Thompson, Donald|
|Hogg, Hon Douglas (Gr'th'm)||van Straubenzee, W. R.|
|Hooson, Tom||Waddington, David|
|Hurd, Hon Douglas||Wakeham, John|
|Jopling, Rt Hon Michael||Waller, Gary|
|Kershaw, Anthony||Watson, John|
|King, Rt Hon Tom||Wells, Bowen|
|Le Marchant, Spencer||Wheeler, John|
|Lester, Jim (Beeston)||Whitney, Raymond|
|Lloyd, Peter (Fareham)||Wickenden, Keith|
|Lyell, Nicholas||Wilkinson, John|
|MacGregor, John||Williams, D.(Montgomery)|
|Major, John||Winterton, Nicholas|
|Marland, Paul||Wolfson, Mark|
|Marlow, Tony||Young, Sir George (Acton)|
|Mellor, David||Tellers for the Noes:|
|Meyer, Sir Anthony||Mr. Carol Mather and|
|Mills, lain (Meriden)||Lord James Douglas-Hamilton.|
§ Question accordingly negatived.