As we seem to be addressing ““advice””, two of our amendments are grouped with Amendment No. 135. My amendments are to Clause 4. On Amendment No. 138, I should like to determine whether this really relates to Clause 4. The explanation I have here is that Clause 11 confers on Natural England the right to charge for its services, and specifies things done under—I quote from the Bill here—Section 4. This shows my inexperience in things, but I believe that the terms are interchangeable. Can the Minister clarify that? If it is really intended to refer to subsection(4) of Clause 11, that is to do with licences. The word ““give”” is defined as bestow, impart, yield, grant and gift. The point of this amendment is to discover whether Clause 11 refers to the fact that it applies only in Clause 4(4)(a), or whether the use of the word ““give”” here is inappropriate. ““Provide”” or ““supply”” allow for the making of a charge and would be clearer in this context.
Amendment No. 149 follows quite closely on the previous one about giving advice, but how do the Government imagine that Natural England will charge for advice that has been given unsought? Is this a situation where somebody might receive a bill for being told by Natural England that his plan to grub up a field of 50-year-old apple trees would be acceptable only if he first obtained a quantity of viable root-stock, so that the variety would not be lost; or would he be charged if he had sought its advice on how best to manage the operation? If somebody went ahead and did it without seeking the advice or consent of Natural England, might they then be charged for being told that they should not have done so?
Natural Environment and Rural Communities Bill
Proceeding contribution from
Duke of Montrose
(Conservative)
in the House of Lords on Wednesday, 1 February 2006.
It occurred during Committee of the Whole House (HL)
and
Debate on bills on Natural Environment and Rural Communities Bill.
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2005-06Chamber / Committee
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