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Natural Environment and Rural Communities Act 2006

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U.K.

Natural Environment and Rural Communities Act 2006

2006 CHAPTER 16

An Act to make provision about bodies concerned with the natural environment and rural communities; to make provision in connection with wildlife, sites of special scientific interest, National Parks and the Broads; to amend the law relating to rights of way; to make provision as to the Inland Waterways Amenity Advisory Council; to provide for flexible administrative arrangements in connection with functions relating to the environment and rural affairs and certain other functions; and for connected purposes.

[30th March 2006]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Part 1 E+WNatural England and the Commission for Rural Communities

Chapter 1E+WNatural England

Constitution and general purposeE+W

1ConstitutionE+W

(1)There is to be a body known as Natural England.

(2)Natural England is to have the functions conferred on it by or under this Act or any other enactment.

(3)Except where otherwise expressly provided, Natural England's functions are exercisable in relation to England[F1 (including, where the context requires, the territorial sea adjacent to England) ] only.

[F2(3A)An order or Order in Council made—

(a)under section 158(3) of the Government of Wales Act 2006 for the purposes of determining which waters are treated as being adjacent to Wales, or

(b)under section 126(2) of the Scotland Act 1998 for the purposes of determining which waters are treated as being adjacent to Scotland,

applies for the purposes of this section as it applies for the purposes of the Act under which it is made.]

(4)English Nature and the Countryside Agency are dissolved and their functions are (subject to the provisions of this Act) transferred to Natural England.

(5)Schedule 1 contains provisions about the constitution of Natural England and related matters.

Textual Amendments

Commencement Information

I1S. 1(1)(2)(3)(5) in force at 2.5.2006 by S.I. 2006/1176, art. 4

I2S. 1(4) in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

2General purposeE+W

(1)Natural England's general purpose is to ensure that the natural environment is conserved, enhanced and managed for the benefit of present and future generations, thereby contributing to sustainable development.

(2)Natural England's general purpose includes—

(a)promoting nature conservation and protecting biodiversity,

(b)conserving and enhancing the landscape,

(c)securing the provision and improvement of facilities for the study, understanding and enjoyment of the natural environment,

(d)promoting access to the countryside and open spaces and encouraging open-air recreation, and

(e)contributing in other ways to social and economic well-being through management of the natural environment.

(3)The purpose in subsection (2)(e) may, in particular, be carried out by working with local communities.

Commencement Information

I3S. 2 in force at 2.5.2006 by S.I. 2006/1176, art. 4

Advisory functionsE+W

3Review and researchE+W

(1)Natural England must keep under review all matters relating to its general purpose.

(2)When reviewing any matter, Natural England must consult such bodies as appear to it to have an interest in the matter.

(3)Natural England may—

(a)undertake research into any matter relating to its general purpose, or

(b)commission or support (by financial means or otherwise) research into any such matter.

(4)In discharging its functions in monitoring nature conservation, carrying out research or analysing the resultant information, Natural England must have regard to common standards established under section 34(2)(c).

Commencement Information

I4S. 3 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

4AdviceE+W

(1)Natural England must, at the request of a public authority, give advice to that authority on any matter relating to Natural England's general purpose.

(2)Subsection (3) applies if Natural England has reason to believe that advice given under subsection (1) has been rejected.

(3)At the request of Natural England, the public authority must inform Natural England in writing whether the advice has been rejected and, if so, why.

(4)Natural England may give advice to any person on any matter relating to its general purpose—

(a)at the request of that person, or

(b)if Natural England thinks it appropriate to do so, on its own initiative.

(5)The advice that may be given under this section includes, in relation to any power to make byelaws, recommendations as to the matters in respect of which byelaws should be made.

Commencement Information

I5S. 4 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

General implementation powersE+W

5Carrying out proposals etc.E+W

Natural England may—

(a)carry out proposals which appear to it to further its general purpose, or

(b)assist in, coordinate or promote the carrying out of such proposals by others.

Commencement Information

I6S. 5 in force at 2.5.2006 by S.I. 2006/1176, art. 4

6Financial and other assistanceE+W

(1)Natural England may give financial assistance to any person, if doing so appears to it to further its general purpose.

(2)Financial assistance under this section may be given in any form, and may in particular be given by way of a grant, a loan or a guarantee.

(3)Financial assistance under this section may be given subject to conditions, including (in the case of a grant) conditions for repayment in specified circumstances.

(4)Natural England may, if doing so appears to it to further its general purpose, provide assistance to any person by making available goods or equipment free of charge or at a reduced cost.

Commencement Information

I7S. 6 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

7Management agreementsE+W

(1)Natural England may make an agreement (a “management agreement) with a person who has an interest in land about the management or use of the land, if doing so appears to it to further its general purpose.

(2)A management agreement may, in particular—

(a)impose on the person who has an interest in the land obligations in respect of the use of the land;

(b)impose on the person who has an interest in the land restrictions on the exercise of rights over the land;

(c)provide for the carrying out of such work as may be expedient for the purposes of the agreement by any person or persons;

(d)provide for any matter for which a management scheme relating to a site of special scientific interest provides (or could provide);

(e)provide for the making of payments by either party to the other party or to any other person;

(f)contain incidental and consequential provision.

(3)A management agreement is, unless the agreement otherwise provides—

(a)binding on persons deriving title under or from the person with whom Natural England makes the agreement, and

(b)enforceable by Natural England against those persons.

(4)Schedule 2 to the Forestry Act 1967 (c. 10) (power for tenant for life and others to enter into forestry dedication covenants) applies to management agreements as it applies to forestry dedication covenants.

(5)For the purposes of any enactment or rule of law as to the circumstances in which the dedication of a highway or the grant of an easement may be presumed, or may be established by prescription, the use by the public or by any person of a way across land at any time while it is the subject of a management agreement is to be disregarded.

(6)Interest in land” has the same meaning as in the National Parks and Access to the Countryside Act 1949 (c. 97).

(7)Management scheme” and “site of special scientific interest” have the same meaning as in Part 2 of the Wildlife and Countryside Act 1981 (c. 69).

Commencement Information

I8S. 7 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

8Experimental schemesE+W

(1)Natural England may—

(a)make and carry out experimental schemes designed to establish ways in which its general purpose might be furthered, or

(b)promote the making and carrying out of such schemes.

(2)A scheme is experimental if it involves—

(a)the development or application of new methods, concepts or techniques, or

(b)the testing or further development of existing methods, concepts or techniques.

(3)Before making an experimental scheme, Natural England must consult such persons as appear to it to have an interest in the subject matter of the scheme.

Commencement Information

I9S. 8 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

Other functionsE+W

9Information services etc.E+W

(1)Natural England may—

(a)publish documents or provide information about any matter relating to its general purpose, or

(b)assist in the provision of such publications or information.

(2)Nothing in any other enactment imposing a duty or conferring a power on Natural England—

(a)to publish or assist in the publication of documents of a particular kind, or

(b)to provide or assist in the provision of information of a particular kind,

is to be read as limiting the power conferred by subsection (1).

Commencement Information

I10S. 9 in force at 2.5.2006 by S.I. 2006/1176, art. 4

10Consultancy services and trainingE+W

(1)Natural England may, if the conditions in subsection (2) are met, place the services of its officers or employees, or of any consultants it has engaged, at the disposal of any person.

(2)The conditions are that—

(a)the person has requested Natural England to act under subsection (1), and

(b)Natural England thinks that the request concerns a matter relating to its general purpose and presents special problems or requires special professional or technical skill.

(3)Natural England may provide training in relation to any matters in respect of which it has functions.

Commencement Information

I11S. 10 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

11Power to charge for services and licencesE+W

(1)Natural England may, with the consent of the Secretary of State, make such charges for its services as appear to it to be reasonable.

(2)Services” includes, in particular, anything done under—

(a)section 4(1) or (4)(a) (advice);

(b)section 9 (information services etc.);

(c)section 10 (consultancy services).

(3)The Secretary of State may by order make provision requiring charges to be paid in respect of, and for the purpose of meeting the cost of, issuing licences to which this subsection applies.

(4)Subsection (3) applies to licences issued by Natural England under or by virtue of any enactment, other than licences for which charges are payable apart from this section.

(5)An order under subsection (3) may make provision as to—

(a)exemptions from or reductions in charges;

(b)remission of charges in whole or in part.

(6)The power to make an order under subsection (3) is exercisable by statutory instrument.

(7)A statutory instrument containing an order under subsection (3) is subject to annulment in pursuance of a resolution of either House of Parliament.

Commencement Information

I12S. 11(1) in force at 2.5.2006 by S.I. 2006/1176, art. 4

I13S. 11(2)(a)(c)(3)-(7) in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

I14S. 11(2)(b) in force at 2.5.2006 by S.I. 2006/1176, art. 4

12Power to bring criminal proceedingsE+W

(1)Natural England may institute criminal proceedings.

(2)A person who is authorised by Natural England to prosecute on its behalf in proceedings before a magistrates' court is entitled to prosecute in such proceedings F3....

Textual Amendments

Commencement Information

I15S. 12 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

13Incidental powersE+W

(1)Natural England may do anything that appears to it to be conducive or incidental to the discharge of its functions.

(2)In particular, Natural England may—

(a)enter into agreements;

(b)acquire or dispose of property;

(c)borrow money;

(d)subject to the approval of the Secretary of State, form bodies corporate or acquire or dispose of interests in bodies corporate;

(e)accept gifts;

(f)invest money.

Commencement Information

I16S. 13 in force at 2.5.2006 by S.I. 2006/1176, art. 4

Powers of Secretary of StateE+W

14GrantsE+W

(1)The Secretary of State may make grants to Natural England of such amounts as the Secretary of State thinks fit.

(2)A grant under this section may be made subject to such conditions as the Secretary of State thinks fit.

Commencement Information

I17S. 14 in force at 2.5.2006 by S.I. 2006/1176, art. 4

15GuidanceE+W

(1)The Secretary of State must give Natural England guidance as to the exercise of any functions of Natural England that relate to or affect regional planning and associated matters.

(2)The Secretary of State may give Natural England guidance as to the exercise of its other functions.

(3)Before giving guidance under this section the Secretary of State must consult—

(a)Natural England,

(b)the Environment Agency, and

(c)such other persons as the Secretary of State thinks appropriate.

(4)The Secretary of State must publish any guidance given under this section as soon as is reasonably practicable after giving the guidance.

(5)The power to give guidance under this section includes power to vary or revoke it.

(6)In discharging its functions, Natural England must have regard to guidance given under this section.

Commencement Information

I18S. 15(1) in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

I19S. 15(2)-(6) in force at 2.5.2006 by S.I. 2006/1176, art. 4

16DirectionsE+W

(1)The Secretary of State may give Natural England general or specific directions as to the exercise of its functions.

(2)Subsection (1) does not apply to functions of Natural England that are exercisable through the Joint Nature Conservation Committee.

(3)The Secretary of State must publish any directions given under this section as soon as is reasonably practicable after giving the directions.

(4)The power to give directions under this section includes power to vary or revoke the directions.

(5)Natural England must comply with any directions given under this section.

Commencement Information

I20S. 16 in force at 2.5.2006 by S.I. 2006/1176, art. 4

[F4Chapter 2]E+WCommission for Rural Communities

The Commission and its general purposeE+W

F417Commission for Rural CommunitiesE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Commencement Information

I21S. 17 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

F418Commission's general purposeE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Commencement Information

I22S. 18 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

FunctionsE+W

F419Representation, advice and monitoringE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Commencement Information

I23S. 19 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

F420ResearchE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Commencement Information

I24S. 20 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

F421Information services etc.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Commencement Information

I25S. 21 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

F422Power to charge for servicesE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Commencement Information

I26S. 22 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

F423Incidental powersE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Commencement Information

I27S. 23 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

Powers of Secretary of StateE+W

F424GrantsE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Commencement Information

I28S. 24 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

F425DirectionsE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Commencement Information

I29S. 25 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

Chapter 3E+WSupplementary

Transfer schemes etc.E+W

26Transfers on dissolution of English Nature and Countryside AgencyE+W

(1)The power conferred by subsection (2) is exercisable in connection with the dissolution of English Nature and the Countryside Agency.

(2)The Secretary of State may make one or more schemes for the transfer of designated property, rights or liabilities of English Nature or the Countryside Agency to—

(a)Natural England,

(b)the Commission,

F5(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)a Minister of the Crown.

(3)On the transfer date, the designated property, rights or liabilities are transferred and vest in accordance with the scheme.

F6(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I30S. 26 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

27Continuing powers to make transfer schemesE+W

(1)The powers conferred by this section are exercisable in connection with the efficient management for public purposes of any property, rights or liabilities.

(2)The Secretary of State may at any time make one or more schemes for the transfer of designated property, rights or liabilities of a Minister of the Crown to—

(a)Natural England,

(b)the Commission, or

(c)a person acting on behalf of Natural England and the Commission.

(3)The Secretary of State may at any time make one or more schemes for the transfer of designated property, rights or liabilities of—

(a)Natural England, or

(b)the Commission,

to a Minister of the Crown.

(4)On the transfer date, the designated property, rights or liabilities are transferred and vest in accordance with the scheme.

Commencement Information

I31S. 27 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

28Transfer schemes: supplementaryE+W

(1)Schedule 3 contains further provisions relating to the making of schemes under sections 26 and 27.

(2)In sections 26 and 27 and Schedule 3—

  • designated” in relation to a scheme, means specified in or determined in accordance with the scheme;

  • the transfer date” means a date specified by a scheme as the date on which the scheme is to have effect.

Commencement Information

I32S. 28 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

29Interim arrangementsE+W

The Secretary of State may by written notice require English Nature or the Countryside Agency to provide staff, premises and other facilities on a temporary basis to—

(a)Natural England, or

(b)the Commission.

Commencement Information

I33S. 29 in force at 2.5.2006 by S.I. 2006/1176, art. 4

InterpretationE+W

30InterpretationE+W

(1)In this Part—

  • the Commission” means the Commission for Rural Communities;

  • Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975 (c. 26);

  • nature conservation” means the conservation of flora, fauna or geological or physiographical features;

  • research” includes inquiries and investigations.

(2)For the purposes of this Part, a public authority is any of the following—

(a)a Minister of the Crown;

(b)a public body (including a government department, a local authority and a local planning authority);

(c)a person holding an office—

(i)under the Crown,

(ii)created or continued in existence by a public general Act, or

(iii)the remuneration in respect of which is paid out of money provided by Parliament;

(d)a statutory undertaker.

(3)In subsection (2)—

  • local authority” means a county council, a district council, a parish council, a London borough council, the Common Council of the City of London or the Council of the Isles of Scilly;

  • local planning authority” has the same meaning as in the Town and Country Planning Act 1990 (c. 8);

  • statutory undertaker” means a person who is or is deemed to be a statutory undertaker for the purposes of any provision of Part 11 of the Town and Country Planning Act 1990.

Commencement Information

I34S. 30 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

Part 2 U.K.Nature conservation in the UK

Joint Nature Conservation Committee etc.U.K.

31Joint Nature Conservation CommitteeU.K.

The Joint Nature Conservation Committee—

(a)is to continue in existence, but

(b)is to be re-constituted in accordance with Schedule 4.

Commencement Information

I35S. 31 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

32UK conservation bodiesU.K.

(1)In this Part “the UK conservation bodies” means—

(a)for England, Natural England;

(b)for Wales, [F7the Natural Resources Body for Wales];

(c)for Scotland, Scottish Natural Heritage;

(d)for Northern Ireland, the Council for Nature Conservation and the Countryside.

(2)In this Part “the GB conservation bodies” means the bodies mentioned in subsection (1)(a) to (c).

Textual Amendments

Commencement Information

I36S. 32 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

33Purpose of functions under this PartU.K.

(1)The UK conservation bodies and the joint committee have the functions conferred on them by this Part for the purposes of—

(a)nature conservation, and

(b)fostering the understanding of nature conservation.

(2)Each of them must, in discharging their functions under this Part, have regard to—

(a)actual or possible ecological changes, and

(b)the desirability of contributing to sustainable development.

Commencement Information

I37S. 33 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

Coordinated functionsU.K.

34Functions of national or international significanceU.K.

(1)The UK conservation bodies have the functions described in subsection (2), but those functions may be discharged only through the joint committee.

(2)The functions are—

(a)providing advice to the appropriate authorities on the development and implementation of policies for or affecting any nature conservation matter which—

(i)arises throughout the United Kingdom and raises issues common to England, Wales, Scotland and Northern Ireland,

(ii)arises in one or more (but not all) of those places and affects the interests of the United Kingdom as a whole, or

(iii)arises outside the United Kingdom;

(b)providing advice to any persons and disseminating knowledge about any matter falling within paragraph (a)(i), (ii) or (iii);

(c)establishing common standards throughout the United Kingdom for the monitoring of nature conservation and for research into nature conservation and the analysis of the resulting information;

(d)commissioning or supporting (whether by financial means or otherwise) research which the joint committee thinks is relevant to any matter mentioned in paragraphs (a) to (c).

(3)The appropriate authorities” means—

(a)the Secretary of State (or any other Minister of the Crown),

(b)the National Assembly for Wales,

(c)the Scottish Ministers, and

(d)the relevant Northern Ireland department.

Commencement Information

I38S. 34 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

35Advice from joint committee to UK conservation bodyU.K.

(1)The joint committee may give advice or information to any of the UK conservation bodies on any matter which—

(a)is connected with the functions of that UK conservation body, and

(b)in the opinion of the joint committee—

(i)arises throughout the United Kingdom and raises issues common to England, Wales, Scotland and Northern Ireland,

(ii)arises in one or more (but not all) of those places and affects the interests of the United Kingdom as a whole, or

(iii)arises outside the United Kingdom.

(2)In discharging their functions relating to nature conservation, the UK conservation bodies must have regard to any advice given to them under subsection (1).

Commencement Information

I39S. 35 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

36GB functions with respect to wildlifeU.K.

(1)The GB conservation bodies have the functions described in subsection (2), but those functions may be discharged only through the joint committee.

(2)The functions are—

(a)those under sections 22(3) and 24(1) of the 1981 Act (listing of protected animals and plants);

(b)commissioning or supporting (whether by financial means or otherwise) research which the joint committee thinks is relevant to those functions.

(3)The 1981 Act” means the Wildlife and Countryside Act 1981 (c. 69).

Commencement Information

I40S. 36 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

37UK conservation bodies: incidental powers for UK purposes, etc.U.K.

(1)Each of the UK conservation bodies may do anything that appears to it to be conducive or incidental to its functions under this Part.

(2)In particular each of them may for the purposes of its functions under this Part—

(a)acquire or dispose of property;

(b)accept gifts;

(c)undertake research directly related to those functions if it appears appropriate to do so.

(3)Nothing in any of the enactments concerning the functions of the UK conservation bodies prevents any of them—

(a)if requested to do so by any of the others, from giving advice or information to the other, or

(b)from giving advice or information to the joint committee.

(4)Enactment” includes an Act of the Scottish Parliament and Northern Ireland legislation.

Commencement Information

I41S. 37 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

DirectionsU.K.

38DirectionsU.K.

(1)The Secretary of State may give the joint committee general or specific directions as to the discharge of any function under section 34 or 35 (but not as to the discharge of a function under section 36).

(2)Before giving any directions under this section, the Secretary of State must consult the National Assembly for Wales, the Scottish Ministers and the relevant Northern Ireland department.

(3)The Secretary of State must publish any directions given under this section as soon as is reasonably practicable after giving the directions.

(4)The power to give directions under this section includes power to vary or revoke the directions.

(5)The joint committee must comply with any directions given under this section.

Commencement Information

I42S. 38 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

InterpretationU.K.

39InterpretationU.K.

In this Part—

  • the joint committee” means the Joint Nature Conservation Committee;

  • Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975 (c. 26);

  • nature conservation” means the conservation of flora, fauna or geological or physiographical features;

  • the relevant Northern Ireland department” means the Department of the Environment in Northern Ireland;

  • research” includes inquiries and investigations.

Commencement Information

I43S. 39 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

Part 3 E+WWildlife etc.

BiodiversityE+W

40Duty to conserve biodiversityE+W

[F8(A1)This section applies where—

(a)Her Majesty's Revenue and Customs are exercising their functions;

(b)any other public authority is exercising its functions in relation to England.]

(1)[F9The] public authority must, in exercising its functions, have regard, so far as is consistent with the proper exercise of those functions, to the purpose of conserving biodiversity.

(2)In complying with subsection (1), a Minister of the Crown [F10or government department] must in particular have regard to the United Nations Environmental Programme Convention on Biological Diversity of 1992.

(3)Conserving biodiversity includes, in relation to a living organism or type of habitat, restoring or enhancing a population or habitat.

(4)Public authority” means any of the following—

(a)a Minister of the Crown;

F11(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)a public body (including a government department, a local authority [F12 and a local planning authority]);

(d)a person holding an office—

(i)under the Crown,

(ii)created or continued in existence by a public general Act, or

(iii)the remuneration in respect of which is paid out of money provided by Parliament;

(e)a statutory undertaker.

(5)In this section—

  • local authority” means—

    (a)

    [F13a county council in England], a district council, a parish council, a London borough council, the Common Council of the City of London or the Council of the Isles of Scilly;

    (b)

    F14...

  • "local planning authority" has the same meaning as in the Town and Country Planning Act 1990 (c. 8);

  • "Minister of the Crown" has the same meaning as in the Ministers of the Crown Act 1975 (c. 26);

  • "statutory undertaker" means a person who is or is deemed to be a statutory undertaker for the purposes of any provision of Part 11 of the Town and Country Planning Act 1990.

  • F15...

Textual Amendments

F9Word in s. 40(1) substituted (21.5.2016) by Environment (Wales) Act 2016 (anaw 3), s. 88(2)(a), Sch. 2 para. 9(2)(b)

F10Words in s. 40(2) substituted (21.5.2016) by Environment (Wales) Act 2016 (anaw 3), s. 88(2)(a), Sch. 2 para. 9(2)(c)

F12Words in s. 40(4)(c) substituted (21.5.2016) by Environment (Wales) Act 2016 (anaw 3), s. 88(2)(a), Sch. 2 para. 9(2)(d)(ii)

F13Words in s. 40(5)(a) substituted (21.5.2016) by Environment (Wales) Act 2016 (anaw 3), s. 88(2)(a), Sch. 2 para. 9(2)(e)(i)

F14Words in s. 40(5) omitted (21.5.2016) by virtue of Environment (Wales) Act 2016 (anaw 3), s. 88(2)(a), Sch. 2 para. 9(2)(e)(ii)

F15Words in s. 40(5) omitted (21.5.2016) by virtue of Environment (Wales) Act 2016 (anaw 3), s. 88(2)(a), Sch. 2 para. 9(2)(f)

Commencement Information

I44S. 40 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

41Biodiversity lists and action (England)E+W

(1)The Secretary of State must, as respects England, publish a list of the living organisms and types of habitat which in the Secretary of State's opinion are of principal importance for the purpose of conserving biodiversity.

(2)Before publishing any list the Secretary of State must consult Natural England as to the living organisms or types of habitat to be included in the list.

(3)Without prejudice to section 40(1) and (2), the Secretary of State must—

(a)take such steps as appear to the Secretary of State to be reasonably practicable to further the conservation of the living organisms and types of habitat included in any list published under this section, or

(b)promote the taking by others of such steps.

(4)The Secretary of State must, in consultation with Natural England—

(a)keep under review any list published under this section,

(b)make such revisions of any such list as appear to the Secretary of State appropriate, and

(c)publish any list so revised as soon as is reasonably practicable after revising it.

Commencement Information

I45S. 41 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

F1642Biodiversity lists and action (Wales)E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Pesticides harmful to wildlifeE+W

43Possession of pesticides harmful to wildlifeE+W

(1)A person is guilty of an offence if he has in his possession a pesticide containing an ingredient that is prescribed for the purposes of this section by an order made by the Secretary of State.

(2)The Secretary of State may not make an order under subsection (1) unless he is satisfied that it is necessary or expedient to do so in the interests of protecting wild birds or wild animals from harm.

(3)It is a defence for a person charged with an offence under this section to prove that his possession of the pesticide was for the purposes of doing anything in accordance with—

(a)provision made by or under the Poisons Act 1972 (c. 66);

(b)regulations made under section 16(2) of the Food and Environment Protection Act 1985 (c. 48);

[F17(c)Regulation (EU) No 528/2012 of the European Parliament and of the Council [F18, as last corrected by a corrigendum (OJ No L 280, 28.10.2017, p 57)];]

[F19(d)Regulation (EC) No 1107/2009 of the European Parliament and of the Council][F20, as last amended by Commission Regulation (EU) 2018/605.]

(4)A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding 51 weeks or to a fine not exceeding level 5 on the standard scale (or both).

(5)The court by which a person is convicted of an offence under this section may order the forfeiture of the pesticide in respect of which the offence was committed.

(6)The power to make an order under subsection (1) is exercisable by statutory instrument.

(7)A statutory instrument containing an order under subsection (1) is subject to annulment in pursuance of a resolution of either House of Parliament.

(8)The Secretary of State must take such steps as are reasonably practicable to bring information about the effect of an order under subsection (1) to the attention of persons likely to be affected by the order.

(9)In relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003 (c. 44), the reference in subsection (4) to 51 weeks is to be read as a reference to 6 months.

44Enforcement powers in connection with pesticidesE+W

(1)An inspector may—

(a)enter any premises if he has reasonable grounds to suspect that he may find there evidence that an offence is being committed under section 43,

(b)require any person whom he reasonably believes has information about the formulation, effects or use of any substance found on the premises to give him that information, and

(c)seize any substance found on the premises, if he has reasonable grounds for believing that it is evidence of an offence under section 43.

(2)Inspector” means—

(a)a person authorised in writing by the Secretary of State to exercise the powers under this section in relation to England;

(b)a person authorised in writing by the National Assembly for Wales to exercise the powers under this section in relation to Wales.

(3)An authorisation under subsection (2) is subject to any conditions or limitations specified in it.

(4)Schedule 2 to the Food and Environment Protection Act 1985 (officers and their powers), other than paragraph 2A(1)(b) of that Schedule, has effect with respect to inspectors as it has effect with respect to persons authorised to enforce Part 3 of that Act.

(5)Subsections (6) and (7) apply where an inspector seizes a substance under subsection (1)(c).

(6)The inspector must give to a person on the premises, or affix conspicuously to some object on the premises, a notice stating—

(a)what he has seized and the ground for seizing it, and

(b)the address for service for any claim for the return of the substance.

(7)The inspector—

(a)may retain the substance for so long as is reasonably necessary for the purposes of any investigation or proceedings in respect of an offence under section 43;

(b)subject to any order for forfeiture under section 43(5) or any claim made within the relevant period by a person entitled to the return of the substance, may retain the substance or, after the relevant period, destroy or otherwise dispose of it.

(8)The relevant period” means the period ending 28 days after—

(a)any proceedings in respect of an offence under section 43 are finally determined, or

(b)if no such proceedings are brought, the time for bringing such proceedings expires.

Commencement Information

I47S. 44 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

45Codes of practiceE+W

(1)The Secretary of State may—

(a)issue a code of practice in connection with any of the provisions of section 44 or Schedule 2 to the Food and Environment Protection Act 1985 (c. 48) as applied by section 44(4), and

(b)revise or replace such a code.

(2)An inspector must have regard to any relevant provision of a code when discharging any function under any provision mentioned in subsection (1)(a).

(3)But an inspector's failure to have regard to any provision of a code does not make him liable to criminal or civil proceedings.

(4)A code—

(a)is admissible in evidence in any proceedings, and

(b)must be taken into account by a court in any case in which it appears to the court to be relevant.

Commencement Information

I48S. 45 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

46InterpretationE+W

(1)This section has effect for the interpretation of sections 43 and 44.

(2)Pesticide” means—

(a)a pesticide as defined by section 16(15) of the Food and Environment Protection Act 1985;

(b)anything to which Part 3 of the 1985 Act applies (by virtue of section 16(16) of the Act) as if it were a pesticide.

(3)Wild bird” and “wild animal” have the same meaning as in Part 1 of the Wildlife and Countryside Act 1981 (c. 69).

(4)Premises” includes land (including buildings), movable structures, vehicles, vessels, aircraft and other means of transport.

Commencement Information

I49S. 46 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

Protection of birdsE+W

47Protection for nests of certain birds which re-use their nestsE+W

(1)Amend the Wildlife and Countryside Act 1981 (c. 69) as follows.

(2)In section 1 (protection of wild birds, their nests and eggs), in subsection (1), after paragraph (a) insert—

(aa)takes, damages or destroys the nest of a wild bird included in Schedule ZA1;.

(3)At the beginning of the Schedules insert—

SCHEDULE ZA1E+WBirds which re-use their nests

NOTE: The common name or names given in the first column of this Schedule are included by way of guidance only; in the event of any dispute or proceedings, the common name or names shall not be taken into account.

Common nameScientific name
Eagle, GoldenAquila chrysaetos
Eagle, White-tailedHaliaetus albicilla
OspreyPandion haliaetus

(4)In—

(a)section 4 (exceptions to sections 1 and 3), in subsection (1)(c), and

(b)section 7 (registration etc. of certain captive birds), in subsection (3A)(a)(i) and (c)(i),

after “Schedule” insert “ ZA1 or ”.

(5)In section 22 (power to vary Schedules), in subsection (1), for “Schedules 1 to 4” substitute “ Schedules ZA1 to 4 ”.

Commencement Information

I50S. 47 in force at 31.5.2006 by S.I. 2006/1382, art. 2

48Birds released into the wild as part of re-population programmeE+W

(1)In section 1 of the 1981 Act (protection of wild birds, their nests and eggs), for subsection (6) substitute—

(6)For the purposes of this section the definition of “wild bird in section 27(1) is to be read as not including any bird which is shown to have been bred in captivity unless it has been lawfully released into the wild as part of a re-population or re-introduction programme.

(6A)Re-population” and “re-introduction” have the same meaning as in the Directive of the Council of the [F21European Union] dated 2nd April 1979 (No 1979/409/EEC) on the conservation of wild birds.

(2)In section 6 of the 1981 Act (sale etc. of live or dead wild birds, eggs etc.), for subsection (5) substitute—

(5)Any reference in this section to any bird included in Part 1 of Schedule 3 is a reference to any bird included in that Part which—

(a)was bred in captivity,

(b)has been ringed or marked in accordance with regulations made by the Secretary of State, and

(c)has not been lawfully released into the wild as part of a re-population or re-introduction programme.

(5A)Re-population” and “re-introduction” have the same meaning as in the Directive of the Council of the [F21European Union] dated 2nd April 1979 (No 1979/409/EEC) on the conservation of wild birds.

(5B)Regulations made for the purposes of subsection (5)(b) may make different provision for different birds or different provisions of this section.

Textual Amendments

Commencement Information

I51S. 48 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

49Registration etc. of certain captive birdsE+W

In section 7 of the 1981 Act (registration etc. of certain captive birds), in subsection (3A), after paragraph (c) insert—

(ca)any offence under subsection (1);.

Commencement Information

I52S. 49 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

Invasive non-native speciesE+W

50Sale etc. of invasive non-native speciesE+W

After section 14 of the 1981 Act insert—

14ZASale etc. of invasive non-native species

(1)Subject to the provisions of this Part, a person is guilty of an offence if he sells, offers or exposes for sale, or has in his possession or transports for the purposes of sale—

(a)an animal or plant to which this section applies, or

(b)anything from which such an animal or plant can be reproduced or propagated.

(2)Subject to the provisions of this Part, a person is guilty of an offence if he publishes or causes to be published any advertisement likely to be understood as conveying that he buys or sells, or intends to buy or sell—

(a)an animal or plant to which this section applies, or

(b)anything from which such an animal or plant can be reproduced or propagated.

(3)This section applies to an animal or plant which—

(a)is within section 14(1) or (2) (animals and plants which must not be released etc. into the wild),

(b)is of a description prescribed for the purposes of this section by an order made by the Secretary of State, and

(c)is a live animal or live plant.

(4)An order under subsection (3) may be made in relation to a particular area or a particular time of the year.

(5)Subsections (3) and (4) of section 14 (defence of due diligence etc.) apply to an offence under this section as they apply to an offence under that section.

Commencement Information

I53S. 50 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

51Codes of practice in connection with invasive non-native speciesE+W

After section 14ZA of the 1981 Act insert—

14ZBCodes of practice in connection with invasive non-native species

(1)The Secretary of State may issue or approve a code of practice relating to—

(a)animals which are not ordinarily resident in and are not regular visitors to Great Britain in a wild state,

(b)animals or plants included in Schedule 9, or

(c)any description of animals or plants mentioned in paragraph (a) or (b).

(2)The Secretary of State may revise or replace a code or approve its revision or replacement.

(3)The Secretary of State must ensure that a code is published in a way that is appropriate for bringing it to the attention of persons likely to be affected by it.

(4)A person's failure to comply with a provision of a code does not make him liable to criminal or civil proceedings.

(5)A code—

(a)is admissible in evidence in any proceedings, and

(b)must be taken into account by a court in any case in which it appears to the court to be relevant.

Commencement Information

I54S. 51 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

Enforcement etc. of provisions relating to wildlifeE+W

52Enforcement powers in connection with wildlifeE+W

Schedule 5 contains amendments relating to enforcement powers in connection with wildlife.

Commencement Information

I55S. 52 in force at 31.5.2006 by S.I. 2006/1382, art. 2

53Wildlife offences: time limits for proceedingsE+W

Schedule 6 contains provisions extending the time limit for summary proceedings for certain offences relating to wildlife.

Commencement Information

I56S. 53 in force at 31.5.2006 by S.I. 2006/1382, art. 2

54Application of Part 1 of 1981 Act to CrownE+W

(1)In the 1981 Act, before section 67 insert—

66AApplication of Part 1 to Crown

(1)Subject to subsections (2) to (5), Part 1 and regulations and orders made under it bind the Crown.

(2)No contravention by the Crown of any provision of Part 1 makes the Crown criminally liable; but the High Court may, on the application of any person appearing to the Court to have an interest, declare unlawful an act or omission of the Crown which constitutes such a contravention.

(3)Despite subsection (2), Part 1 applies to persons in the public service of the Crown as it applies to other persons.

(4)But the powers conferred by sections 18A to 19XA are not exercisable in relation to premises occupied by the Crown.

(5)Nothing in this Part affects Her Majesty in her private capacity.

(6)Subsection (5) is to be read as if section 38(3) of the Crown Proceedings Act 1947 (c. 44) (meaning of Her Majesty in her private capacity) were contained in this Act.

(2)For the heading to section 67, substitute “ Application of Parts 2 and 3 to Crown land ”.

Commencement Information

I57S. 54 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

Part 4 E+WSites of special scientific interest

55Offences in connection with SSSIsE+W

(1)Amend section 28P of the Wildlife and Countryside Act 1981 (c. 69) (offences) as follows.

(2)After subsection (5) insert—

(5A)A section 28G authority which, in the exercise of its functions, permits the carrying out of an operation which damages any of the flora, fauna or geological or physiographical features by reason of which a site of special scientific interest is of special interest—

(a)without first complying with section 28I(2), or

(b)where relevant, without first complying with section 28I(4) or (6),

is, unless there was a reasonable excuse for permitting the carrying out of the operation without complying, guilty of an offence and is liable on summary conviction to a fine not exceeding £20,000 or on conviction on indictment to a fine.

(5B)For the purposes of subsection (5A), it is a reasonable excuse in any event for a section 28G authority to permit the carrying out of an operation without first complying with section 28I(2), (4) or (6) if the operation in question was an emergency operation particulars of which (including details of the emergency) were notified to Natural England as soon as practicable after the permission was given.

(3)After subsection (6) insert—

(6A)A person (other than a section 28G authority acting in the exercise of its functions) who without reasonable excuse—

(a)intentionally or recklessly destroys or damages any of the flora, fauna, or geological or physiographical features by reason of which a site of special scientific interest is of special interest, or

(b)intentionally or recklessly disturbs any of those fauna,

is guilty of an offence and is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(4)In subsection (7), after “(6)” (in both places) insert “ or (6A) ”.

(5)In section 31 of the 1981 Act (restoration following offence under section 28P), in subsection (1)(b), after “28P(6)” insert “ or (6A) ”.

Commencement Information

I58S. 55 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

56DenotificationE+W

In section 28D of the 1981 Act (denotification), in subsection (1), for “no longer” substitute “ not ”.

Commencement Information

I59S. 56 in force at 31.5.2006 by S.I. 2006/1382, art. 2

57Effect of failure to serve certain notices in connection with SSSIsE+W

After section 70A of the 1981 Act insert—

70BEffect of failure to serve certain notices

(1)This section applies where the relevant conservation body—

(a)has (whether before or after the commencement of this section) taken all reasonable steps to ensure that, under any provision listed in subsection (2), notice is served on every owner and occupier of any land to which the notice relates, but

(b)has failed to do so.

(2)The provisions are—

(a)section 28(1) (notification of SSSI);

(b)section 28(5) (confirmation or withdrawal of notification of SSSI);

(c)section 28A(3) (notice varying notification under section 28);

(d)section 28A(5) (notice confirming or withdrawing variation of notification);

(e)section 28B(2) (notification of additional land to be included in SSSI);

(f)section 28B(7) (confirmation or withdrawal of notification);

(g)section 28C(2) (notification of enlargement of SSSI);

(h)section 28C(3) (confirmation or withdrawal of notification of enlargement);

(i)section 28D(2) (denotification);

(j)section 28D(5) (withdrawal or confirmation of denotification);

(k)section 28J(3) (notice of proposed management scheme);

(l)section 28J(8) (withdrawal or confirmation of management scheme).

(3)The validity of the notice is not affected by the failure to serve it on every owner and occupier of the land.

(4)For the purposes of sections 28 to 28Q, the time when the notice is to be treated as having been served is the time when the relevant conservation body took the last of the steps referred to in subsection (1)(a).

(5)If the relevant conservation body becomes aware of its failure to serve a notice on an owner or occupier, it must serve a copy of the notice on that owner or occupier.

(6)Nothing in subsection (3) or (4) renders the owner or occupier liable—

(a)in relation to anything done or omitted to be done before the commencement of this section, or

(b)under section 28P(1) or 28Q(4) in relation to anything done or omitted to be done before the copy of the notice is served under subsection (5).

(7)The relevant conservation body” means—

(a)in relation to land in an area in England—

(i)subject to sub-paragraph (ii), Natural England;

(ii)in relation to any time before the commencement of section 27AA, English Nature;

(b)in relation to land in an area in Wales, the Countryside Council for Wales.

Commencement Information

I60S. 57 in force at 31.5.2006 by S.I. 2006/1382, art. 2

58Notices and signs relating to SSSIsE+W

(1)After section 28R of the 1981 Act insert—

28SNotices and signs relating to SSSIs

(1)Natural England may, on any land included in a site of special scientific interest, put up and maintain notices or signs relating to the site.

(2)Natural England may remove any notice or sign put up under subsection (1).

(3)Any other person who intentionally or recklessly and without reasonable excuse takes down, damages, destroys or obscures a notice or sign put up under subsection (1) is guilty of an offence.

(4)A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(2)In section 51 of the 1981 Act (powers of entry), in subsection (1), after paragraph (k) insert—

(ka)for the purposes of putting up, maintaining or removing notices or signs under section 28S;.

(3)In subsection (2) of that section, for “paragraphs (a) to (k)” substitute “ paragraphs (a) to (ka) ”.

Commencement Information

I61S. 58 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

Part 5 E+WNational Parks and the Broads

59Criteria for designating National ParksE+W

(1)In section 5 of the National Parks and Access to the Countryside Act 1949 (c. 97) (criteria for designating National Parks), after subsection (2) insert—

(2A)Natural England may—

(a)when applying subsection (2)(a) in relation to an area, take into account its wildlife and cultural heritage, and

(b)when applying subsection (2)(b) in relation to that area, take into account the extent to which it is possible to promote opportunities for the understanding and enjoyment of its special qualities by the public.

(2)The amendment made by subsection (1) applies for the purposes of the confirmation or variation on or after the day on which this section comes into force of orders made before that day as it applies for the purposes of the confirmation or variation of orders made on or after that day.

60Procedure for orders designating National ParksE+W

(1)Amend the 1949 Act as follows.

(2)In section 7 (designation and variation of National Parks), in subsection (1), for “county council, county borough council and county district council” substitute “ and local authority ”.

(3)After subsection (6) of that section insert—

(7)In this section and Schedule 1 “local authority” means—

(a)in relation to England, a county council, district council or parish council;

(b)in relation to Wales, a county council, county borough council or community council.

(4)In section 9 (development plans relating to National Parks), omit subsection (2).

(5)In Schedule 1, in paragraph 2, after sub-paragraph (2) (local inquiries to be held where objection by local authority not withdrawn) insert—

(2A)In sub-paragraph (2) “local authority” does not include—

(a)in relation to an order designating a National Park in England, a parish council, or

(b)in relation to an order designating a National Park in Wales, a community council.

Commencement Information

I62S. 60 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

61Members of National Park authoritiesE+W

(1)Amend Schedule 7 to the Environment Act 1995 (c. 25) (National Park authorities) as follows.

(2)In paragraph 1, for sub-paragraphs (2) to (6) (constitution of National Park authorities) substitute—

(2)A National Park authority shall consist of—

(a)a specified number of local authority members,

(b)in the case of a National Park in England, a specified number of parish members to be appointed by the Secretary of State, and

(c)a specified number of other members to be appointed by the Secretary of State;

and “specified” means specified in the relevant order.

(3)The total number of—

(a)local authority members, and

(b)parish members,

must exceed the number of other members.

(3)In paragraph 2 (local authority members), for sub-paragraph (6) substitute—

(5A)Sub-paragraph (5B) applies to a person who retires from being a member of a council by virtue of an election.

(5B)Sub-paragraph (5)(a) does not terminate his office as member of a National Park authority until—

(a)three months after he retires from being a member of the council, or

(b)if earlier, the day on which the National Park authority receives notice of a proposed replacement appointment;

but if he is re-elected he is eligible for re-appointment to the National Park authority.

(4)In paragraph 3 (parish members of English National Park authorities), for sub-paragraph (4) substitute—

(4A)Sub-paragraph (4B) applies to a person who retires from being a member of a parish council by virtue of an election.

(4B)Sub-paragraph (3) does not terminate his office as member of a National Park authority until—

(a)three months after he ceases to be a member of the parish council, or

(b)if earlier, the day on which the National Park authority receives notice of a proposed replacement appointment;

but if he is re-elected he is eligible for re-appointment to the National Park authority.

(5)For sub-paragraph (6) of that paragraph substitute—

(5A)Sub-paragraph (5B) applies to a person who retires from being chairman of a parish meeting by virtue of an election.

(5B)Sub-paragraph (5) does not terminate his office as member of a National Park authority until—

(a)three months after he retires from being chairman, or

(b)if earlier, the day on which the National Park authority receives notice of a proposed replacement appointment;

but if he is re-elected as chairman he is eligible for re-appointment to the National Park authority.

(6)In paragraph 4 (members, other than parish members, appointed by the Secretary of State), in sub-paragraph (2)(a) for “three years” substitute “ four years ”.

Commencement Information

I63S. 61(1) in force at 1.10.2006 for specified purposes by S.I. 2006/2541, art. 2 (with Sch.)

I64S. 61(1) in force at 10.5.2007 in so far as not already in force by S.I. 2007/816, art. 3

I65S. 61(2)-(5) in force at 10.5.2007 by S.I. 2007/816, art. 3

I66S. 61(6) in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

62Expenditure by National Parks authoritiesE+W

In section 11A of the National Parks and Access to the Countryside Act 1949 (c. 97), in subsection (1) (duty of National Park authority to foster economic and social well-being of local communities in National Park), omit “, but without incurring significant expenditure in doing so,”.

Commencement Information

I67S. 62 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

63Notification of agricultural operations on moor and heath in National ParksE+W

(1)Amend section 42 of the Wildlife and Countryside Act 1981 (c. 69) (notification of agricultural operations on moor and heath in National Parks) as follows.

(2)In subsection (1)—

(a)for “The Ministers” substitute “ A National Park authority ”, and

(b)for “a National Park” substitute “ the relevant Park ”.

(3)In subsection (2)(b), for “the Ministers” substitute “ the National Park authority ”.

(4)In subsection (6), for “the Ministers, the Nature Conservancy Council and the Countryside Agency” substitute “ Natural England ”.

(5)For subsection (8) substitute—

(8)An order under this section shall be made by statutory instrument and the Statutory Instruments Act 1946 shall apply to such an instrument as if the order had been made by a Minister of the Crown.

(6)In section 51 (powers of entry), in subsection (2)(c), omit “the Ministers or”.

Commencement Information

I68S. 63 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

64Functions of Broads Authority and others in relation to the BroadsE+W

(1)Amend the Norfolk and Suffolk Broads Act 1988 (c. 4) as follows.

(2)In section 2 (functions of the Authority: general), in subsection (1), for paragraphs (a) and (b) substitute—

(a)conserving and enhancing the natural beauty, wildlife and cultural heritage of the Broads;

(b)promoting opportunities for the understanding and enjoyment of the special qualities of the Broads by the public; and.

(3)In section 17A (general duty of public bodies etc.), in subsection (1), for paragraphs (a) and (b) substitute—

(a)conserving and enhancing the natural beauty, wildlife and cultural heritage of the Broads;

(b)promoting opportunities for the understanding and enjoyment of the special qualities of the Broads by the public; and.

(4)Any increase in the expenses of the Broads Authority attributable to subsection (2) and not related to protecting the interests of navigation is to be met otherwise than by means of—

(a)charges of a kind mentioned in section 13(1) of the 1988 Act, or

(b)levies under section 14(1) of the 1988 Act.

Commencement Information

I69S. 64 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

65Emergency financial assistanceE+W

(1)Amend section 155(4) of the Local Government and Housing Act 1989 (c. 42) (authorities eligible for emergency financial assistance) as follows.

(2)After paragraph (h) insert—

(i)a National Park authority; or

(j)the Broads Authority.

(3)Omit “or” preceding paragraph (h).

Commencement Information

I70S. 65 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

Part 6 E+WRights of way

Rights of way and mechanically propelled vehiclesE+W

66Restriction on creation of new public rights of wayE+W

(1)No public right of way for mechanically propelled vehicles is created after commencement unless it is—

(a)created (by an enactment or instrument or otherwise) on terms that expressly provide for it to be a right of way for such vehicles, or

(b)created by the construction, in exercise of powers conferred by virtue of any enactment, of a road intended to be used by such vehicles.

(2)For the purposes of the creation after commencement of any other public right of way, use (whenever occurring) of a way by mechanically propelled vehicles is to be disregarded.

Commencement Information

I71S. 66 in force at 2.5.2006 for E. immediately after the coming into force of 2000 c. 37, ss. 47-50 by S.I. 2006/1176, art. 6

I72S. 66 in force at 16.11.2006 for W. by S.I. 2006/2992, art. 2

67Ending of certain existing unrecorded public rights of wayE+W

(1)An existing public right of way for mechanically propelled vehicles is extinguished if it is over a way which, immediately before commencement—

(a)was not shown in a definitive map and statement, or

(b)was shown in a definitive map and statement only as a footpath, bridleway or restricted byway.

But this is subject to subsections (2) to (8).

(2)Subsection (1) does not apply to an existing public right of way if—

(a)it is over a way whose main lawful use by the public during the period of 5 years ending with commencement was use for mechanically propelled vehicles,

(b)immediately before commencement it was not shown in a definitive map and statement but was shown in a list required to be kept under section 36(6) of the Highways Act 1980 (c. 66) (list of highways maintainable at public expense),

(c)it was created (by an enactment or instrument or otherwise) on terms that expressly provide for it to be a right of way for mechanically propelled vehicles,

(d)it was created by the construction, in exercise of powers conferred by virtue of any enactment, of a road intended to be used by such vehicles, or

(e)it was created by virtue of use by such vehicles during a period ending before 1st December 1930.

(3)Subsection (1) does not apply to an existing public right of way over a way if—

(a)before the relevant date, an application was made under section 53(5) of the Wildlife and Countryside Act 1981 (c. 69) for an order making modifications to the definitive map and statement so as to show the way as a byway open to all traffic,

(b)before commencement, the surveying authority has made a determination under paragraph 3 of Schedule 14 to the 1981 Act in respect of such an application, or

(c)before commencement, a person with an interest in land has made such an application and, immediately before commencement, use of the way for mechanically propelled vehicles—

(i)was reasonably necessary to enable that person to obtain access to the land, or

(ii)would have been reasonably necessary to enable that person to obtain access to a part of that land if he had had an interest in that part only.

(4)The relevant date” means—

(a)in relation to England, 20th January 2005;

(b)in relation to Wales, 19th May 2005.

(5)Where, immediately before commencement, the exercise of an existing public right of way to which subsection (1) applies—

(a)was reasonably necessary to enable a person with an interest in land to obtain access to the land, or

(b)would have been reasonably necessary to enable that person to obtain access to a part of that land if he had had an interest in that part only,

the right becomes a private right of way for mechanically propelled vehicles for the benefit of the land or (as the case may be) the part of the land.

(6)For the purposes of subsection (3), an application under section 53(5) of the 1981 Act is made when it is made in accordance with paragraph 1 of Schedule 14 to that Act.

(7)For the purposes of subsections (3)(c)(i) and (5)(a), it is irrelevant whether the person was, immediately before commencement, in fact—

(a)exercising the existing public right of way, or

(b)able to exercise it.

(8)Nothing in this section applies in relation to an area in London to which Part 3 of the Wildlife and Countryside Act 1981 (c. 69) does not apply.

(9)Any provision made by virtue of section 48(9) of the Countryside and Rights of Way Act 2000 (c. 37) has effect subject to this section.

Commencement Information

I73S. 67 in force at 2.5.2006 for E. immediately after the coming into force of 2000 c. 37, ss. 47-50 by S.I. 2006/1176, art. 6

I74S. 67 in force at 16.11.2006 for W. by S.I. 2006/2992, art. 2

68Presumed dedication of restricted byways and use by pedal cycles etc.E+W

(1)Amend section 31 of the Highways Act 1980 (c. 66) (dedication of highway presumed after public use for 20 years) as follows.

(2)After subsection (1) insert—

(1A)Subsection (1)—

(a)is subject to section 66 of the Natural Environment and Rural Communities Act 2006 (dedication by virtue of use for mechanically propelled vehicles no longer possible), but

(b)applies in relation to the dedication of a restricted byway by virtue of use for non-mechanically propelled vehicles as it applies in relation to the dedication of any other description of highway which does not include a public right of way for mechanically propelled vehicles.

(3)After subsection (10) insert—

(10A)Nothing in subsection (1A) affects the obligations of the highway authority, or of any other person, as respects the maintenance of a way.

(4)After subsection (11) insert—

(12)For the purposes of subsection (1A) “mechanically propelled vehicle” does not include a vehicle falling within section 189(1)(c) of the Road Traffic Act 1988 (electrically assisted pedal cycle).

Commencement Information

I75S. 68 in force at 2.5.2006 for E. immediately after the coming into force of 2000 c. 37, ss. 47-50 by S.I. 2006/1176, art. 6

I76S. 68 in force at 16.11.2006 for W. by S.I. 2006/2992, art. 2

69Presumed dedication and applications under section 53(5) of the 1981 ActE+W

(1)In section 31 of the 1980 Act, after subsection (7) insert—

(7A)Subsection (7B) applies where the matter bringing the right of the public to use a way into question is an application under section 53(5) of the Wildlife and Countryside Act 1981 for an order making modifications so as to show the right on the definitive map and statement.

(7B)The date mentioned in subsection (2) is to be treated as being the date on which the application is made in accordance with paragraph 1 of Schedule 14 to the 1981 Act.

(2)The applications in relation to which the amendments made by subsection (1) apply include any application under section 53(5) of the Wildlife and Countryside Act 1981 (c. 69) which falls within section 67(3)(a), (b) or (c).

Commencement Information

I77S. 69 in force at 2.5.2006 for E. immediately after the coming into force of 2000 c. 37, ss. 47-50 by S.I. 2006/1176, art. 6

I78S. 69 in force at 16.11.2006 for W. by S.I. 2006/2992, art. 2

70SupplementaryE+W

(1)In section 53(3) of the Wildlife and Countryside Act 1981 (modification of definitive map and statement in consequence of certain events)—

(a)in paragraph (b) (expiration of period raising a presumption of dedication), after “public path” insert “ or restricted byway ”, and

(b)in paragraph (c)(i) (discovery of evidence of right of way), after “public path” insert “ , a restricted byway ”.

(2)Amend section 34 of the Road Traffic Act 1988 (c. 52) (prohibition of driving mechanically propelled vehicles elsewhere than on roads) as follows.

(3)In subsection (2), omit “(subject to section 34A of this Act)”.

(4)After subsection (2) insert—

(2A)It is not an offence under this section for a person with an interest in land, or a visitor to any land, to drive a mechanically propelled vehicle on a road if, immediately before the commencement of section 47(2) of the Countryside and Rights of Way Act 2000, the road was—

(a)shown in a definitive map and statement as a road used as a public path, and

(b)in use for obtaining access to the land by the driving of mechanically propelled vehicles by a person with an interest in the land or by visitors to the land.

(5)In subsection (6), for “and section 34A of this Act do” substitute “ does ”.

(6)In subsection (7), insert at the appropriate place in the alphabetical order—

interest”, in relation to land, includes any estate in land and any right over land (whether exercisable by virtue of the ownership of an estate or interest in the land or by virtue of a licence or agreement) and, in particular, includes rights of common and sporting rights;.

(7)After subsection (7) insert—

(8)A person—

(a)entering any land in exercise of rights conferred by virtue of section 2(1) of the Countryside and Rights of Way Act 2000, or

(b)entering any land which is treated by section 15(1) of that Act as being accessible to the public apart from that Act,

is not for the purposes of subsection (2A) a visitor to the land.

(8)In Schedule 7 to the Countryside and Rights of Way Act 2000 (c. 37), omit paragraphs 6 and 7.

Commencement Information

I79S. 70 in force at 2.5.2006 for E. immediately after the coming into force of 2000 c. 37, ss. 47-50 by S.I. 2006/1176, art. 6

I80S. 70 in force at 16.11.2006 for W. by S.I. 2006/2992, art. 2

71InterpretationE+W

(1)In sections 66 and 67—

  • interest”, in relation to land, includes any estate in land and any right over land (whether exercisable by virtue of the ownership of an estate or interest in the land or by virtue of a licence or agreement) and, in particular, includes rights of common and sporting rights,

  • mechanically propelled vehicle” does not include a vehicle falling within section 189(1)(c) of the Road Traffic Act 1988 (c. 52) (electrically assisted pedal cycle), and

  • expressions defined for the purposes of Part 3 of the Wildlife and Countryside Act 1981 (c. 69) by section 66(1) of that Act have the same meaning as in that Part.

(2)In each of sections 66 and 67 “commencement” means the commencement of that section; and in section 67 “existing” means in existence immediately before commencement.

Commencement Information

I81S. 71 in force at 2.5.2006 for E. immediately after the coming into force of 2000 c. 37, ss. 47-50 by S.I. 2006/1176, art. 6

I82S. 71 in force at 16.11.2006 for W. by S.I. 2006/2992, art. 2

Traffic regulation in National ParksE+W

72Traffic regulation on byways etc. in National ParksE+W

After section 22B of the Road Traffic Regulation Act 1984 (c. 27) insert—

22BBTraffic regulation on byways etc. in National Parks in England and Wales

(1)This section applies to a road—

(a)which is in a National Park in England or Wales,

(b)which is—

(i)shown in a definitive map and statement as a byway open to all traffic, a restricted byway, a bridleway or a footpath, or

(ii)a carriageway whose surface, or most of whose surface, does not consist of concrete, tarmacadam, coated roadstone or other prescribed material, and

(c)in respect of which no relevant order is in force.

(2)The National Park authority may—

(a)for a purpose mentioned in section 1(1)(a) to (g) or 22(2), by order make in respect of the road any such provision as is mentioned in section 2(1), (2) or (3) or 4(1);

(b)for the purpose of carrying out an experimental scheme of traffic control, by order make in respect of the road any such provision as is mentioned in section 2(1), (2) or (3) or 4(1);

(c)for a reason given in section 14(1)(a) or (b) or for a purpose mentioned in section 14(1)(c) or 22(2), by order make in respect of the road—

(i)any such provision as is mentioned in section 2(1), (2) or (3) or 4(1), or

(ii)any provision restricting the speed of vehicles.

(3)This Act has effect, subject to subsection (4) and any prescribed modifications, in relation to an order by a National Park authority under subsection (2)(a), (b) or (c) as it has effect in relation to an order by a local traffic authority under section 1, 9 or 14(1).

(4)Before making any order under subsection (2), the National Park authority must consult any authority which is a highway authority for the road.

22BCSection 22BB: supplementary

(1)Expressions used in section 22BB(1)(b) that are defined for the purposes of Part 3 of the Wildlife and Countryside Act 1981 by section 66(1) of that Act have the same meaning as in that Part.

(2)In section 22BB(1)(c) “relevant order” means—

(a)a traffic regulation order,

(b)an experimental traffic order,

(c)an order under section 14(1),

(d)an order under section 22(4), or

(e)an order under section 22B,

but does not include an order made under section 22BB(2).

(3)In section 22BB “prescribed” means prescribed by regulations made—

(a)in relation to England, by the Secretary of State;

(b)in relation to Wales, by the National Assembly for Wales.

(4)Any functions exercisable by the National Assembly for Wales by virtue of this section are to be treated for the purposes of section 44 of the Government of Wales Act 1998 (parliamentary procedures for subordinate legislation) as if made exercisable by the Assembly by an Order in Council under section 22 of that Act.

Commencement Information

I83S. 72 in force at 16.11.2006 for W. by S.I. 2006/2992, art. 2

I84S. 72 in force at 1.10.2007 for E. by S.I. 2007/2540, art. 2

Part 7 E+W+SInland waterways

F2273Inland Waterways Advisory CouncilE+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I85S. 73 in force at 1.4.2007 by S.I. 2007/816, art. 2(a)

F2274Constitution of CouncilE+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I86S. 74 in force at 1.4.2007 by S.I. 2007/816, art. 2(a)

F2275Term of office, procedure etc.E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I87S. 75 in force at 1.4.2007 by S.I. 2007/816, art. 2(a)

F2276Functions of Council: England and WalesE+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I88S. 76 in force at 1.4.2007 by S.I. 2007/816, art. 2(a)

F2277Functions of Council: ScotlandE+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I89S. 77 in force at 1.4.2007 by S.I. 2007/816, art. 2(a)

Part 8 U.K.Flexible administrative arrangements

Chapter 1E+WAgreements with designated bodies

Powers to enter into agreementsE+W

78Agreement between Secretary of State and designated bodyE+W

(1)The Secretary of State may enter into an agreement with a designated body authorising that body to perform a DEFRA [F23or BEIS] function—

(a)either in relation to the whole of England or in relation to specified areas in England;

(b)subject to paragraph (a), either generally or in specified cases.

  • Specified” means specified in the agreement.

(2)An agreement under this section—

(a)may be cancelled by the Secretary of State at any time, and

(b)does not prevent the Secretary of State from performing a function to which the agreement relates.

(3)This section is subject to sections 81 and 82 (reserved functions and maximum duration of agreement).

79Agreement between designated bodiesE+W

(1)A designated body (“A”) may, with the approval of the Secretary of State, enter into an agreement with another designated body (“B”) authorising B to perform a function of A that is related to or connected with a DEFRA [F24or BEIS] function—

(a)either in relation to the whole of England or in relation to specified areas in England;

(b)subject to paragraph (a), either generally or in specified cases.

  • Specified” means specified in the agreement.

(2)The Secretary of State's approval may be given—

(a)in relation to a particular agreement or in relation to a description of agreements;

(b)unconditionally or subject to conditions specified in the approval.

(3)Subject to subsection (5), the Secretary of State—

(a)must review an agreement under this section no later than the end of the period of 5 years beginning with the date on which the agreement was entered into or was last reviewed by the Secretary of State, and

(b)if it appears appropriate to do so in the light of the review, may cancel the agreement.

(4)Subject to subsection (5), an agreement under this section may not be varied except—

(a)by agreement between A and B, and

(b)with the approval of the Secretary of State.

(5)An approval given under subsection (1) may provide that subsection (3) or (4) does not apply (or that both of them do not apply).

(6)This section is subject to sections 81 and 82 (reserved functions and maximum duration of agreement).

80Designated bodiesE+W

(1)In this Chapter “designated body” means a body listed in Schedule 7.

(2)The Secretary of State may by order amend Schedule 7 so as to—

(a)add a body to the list, or

(b)remove a body from it.

(3)But the Secretary of State may not exercise the power conferred by subsection (2)(a) unless satisfied that at least one of the purposes or functions of the body to be added to the list is related to or connected with a DEFRA [F25or BEIS] function.

(4)A body to be added to the list need not be a public body.

(5)The power to make an order under subsection (2) is exercisable by statutory instrument.

(6)A statutory instrument containing an order under subsection (2) is subject to annulment in pursuance of a resolution of either House of Parliament.

81Reserved functionsE+W

(1)An agreement may not authorise a designated body to perform a reserved function.

(2)The reserved functions are—

(a)any function whose performance by the designated body would be incompatible with the purposes for which the body was established;

(b)any power of a Minister of the Crown to make or terminate appointments or lay reports or accounts;

(c)any power to make subordinate legislation, give directions or guidance or issue codes of practice (or to vary or revoke any of those things);

(d)any power to fix fees or charges other than a power prescribed for the purposes of this section by an order made by the Secretary of State;

(e)any function of an accounting officer in his capacity as such;

(f)except in relation to an agreement authorising a public body to perform functions—

(i)any power to enter, inspect, take samples or seize anything, and

(ii)any other power exercisable in connection with suspected offences;

(g)any function of the Secretary of State under the Water Industry Act 1991 or under any subordinate legislation made under that Act.

[F26(h)any function as principal regulator of an exempt charity (within the meaning of [F27 section 25 of the Charities Act 2011) ].]

(3)The power to make an order under subsection (2)(d) is exercisable by statutory instrument.

(4)A statutory instrument containing an order under subsection (2)(d) is subject to annulment in pursuance of a resolution of either House of Parliament.

Textual Amendments

F27Words in s. 81(2)(h) substituted (14.3.2012) by Charities Act 2011 (c. 25), s. 355, Sch. 7 para. 109 (with s. 20(2), Sch. 8)

Commencement Information

I93S. 81 in force at 31.5.2006 by S.I. 2006/1382, art. 2

82Maximum duration of agreementE+W

The maximum period for which an agreement may authorise a designated body to perform—

(a)a DEFRA [F28or BEIS] function, or

(b)a function that is related to or connected with a DEFRA [F29or BEIS] function,

is 20 years.

SupplementaryE+W

83Particular powersE+W

(1)The fact that a function is conferred by or under this Act or an Act passed after the passing of this Act does not prevent it from being the subject of an agreement.

(2)The Secretary of State or a designated body (“A”) may, under an agreement, authorise a designated body (“B”) to perform a function even though under the relevant enactments or subordinate legislation—

(a)the function is conferred on A by reference to specified circumstances or cases and the same type of function is conferred on B in different specified circumstances or cases,

(b)the function is exercisable by A and B jointly,

(c)B is required to be, or may be, consulted about the function (whether generally or in specified circumstances), or

(d)B is required to consent to the exercise of the function (whether generally or in specified circumstances).

(3)An agreement may provide—

(a)for the performance of a function to be subject to the fulfilment of conditions;

(b)for payments to be made in respect of the performance of the function.

(4)A designated body which is authorised under an agreement to perform a function—

(a)is to be treated as having power to do so;

(b)may, unless (or except to the extent that) the agreement provides for this paragraph not to apply—

(i)authorise a committee, sub-committee, member, officer or employee of the body to perform the function on its behalf;

(ii)form a body corporate and authorise that body to perform the function on its behalf.

(5)However, where the designated body is a local authority—

(a)subsection (4)(a) is subject to section 84(5)(a), and

(b)section 84 applies in place of subsection (4)(b).

(6)Subject to subsection (4)(b) and section 84, a designated body which is authorised under an agreement to perform a function may not authorise any other body or other person to perform that function.

Commencement Information

I95S. 83 in force at 31.5.2006 by S.I. 2006/1382, art. 2

84Agreements with local authoritiesE+W

(1)This section applies where a local authority is authorised under an agreement to perform a function.

(2)Subject to subsection (5), the function that the local authority is authorised to perform is to be treated as a function of the local authority for the purposes of—

(a)any power of a local authority to arrange for the discharge of the function by any person mentioned in subsection (3), and

(b)any power of a person mentioned in subsection (3) to arrange for the discharge of a function by any other person mentioned there.

(3)The persons are any committee, sub-committee, member, officer or employee of the local authority.

(4)Committee” does not include a joint committee of two or more local authorities.

(5)If the local authority is operating executive arrangements—

(a)the function is to be treated as a function of the local authority for the purposes of section 13 of the Local Government Act 2000 (c. 22), and

(b)if (or to the extent that) the function is the responsibility of the executive of the local authority—

(i)subsection (2) does not apply, and

(ii)sections 14 to 16 of the 2000 Act, and any regulations made under sections 17 and 18 of the 2000 Act, apply.

(6)Executive arrangements” and “executive” have the same meaning as in Part 2 of the 2000 Act.

(7)An agreement may provide that the provisions of subsection (2) or those mentioned in subsection (5)(b)(ii) do not apply (or do not apply to a specified extent).

Commencement Information

I96S. 84 in force at 31.5.2006 by S.I. 2006/1382, art. 2

85Supplementary provisions with respect to agreementsE+W

(1)An agreement, and any approval given by the Secretary of State under section 79, must be in writing.

(2)The Secretary of State must arrange for a copy of an agreement to be published in a way that the Secretary of State 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;

(b)prohibiting it from entering into an agreement;

(c)requiring it to include, or prohibiting it from including, particular terms;

(d)requiring it to negotiate, or prohibiting it from negotiating, a variation or termination of 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 a designated body under this Chapter as it applies in relation to an authorisation under section 69 of that Act by an office-holder.

Commencement Information

I97S. 85 in force at 31.5.2006 by S.I. 2006/1382, art. 2

86InterpretationE+W

(1)In sections 81 to 85 “agreement” means an agreement under section 78 or 79.

[F30(2) In this Chapter “DEFRA [F31or BEIS] function” means—

(a)a function which at the material time falls to be performed by or through the Department for Environment, Food and Rural Affairs, or

(b) a former DEFRA function which at the material time falls to be performed by or through the [F32Department for Business, Energy and Industrial Strategy].

(2A) In subsection (2) “former DEFRA function” has the meaning given by article 2(3) of the Secretary of State for Energy and Climate Change Order 2009 [F33(and see also the Secretaries of State for Business, Energy and Industrial Strategy, for International Trade and for Exiting the European Union and the Transfer of Functions (Education and Skills) Order 2016)].]

(3)A certificate issued by the Secretary of State that a function falls to be performed as mentioned in subsection (2) is conclusive evidence of that fact.

(4)In this Chapter—

  • designated body” has the meaning given by section 80;

  • local authority” means—

    (a)

    a local authority as defined in section 1(a) of the Local Government Act 2000 (c. 22), and

    (b)

    the Greater London Authority;

  • Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975 (c. 26);

  • subordinate legislation” has the same meaning as in the Interpretation Act 1978 (c. 30).

Chapter 2U.K.Powers to reform agricultural etc. bodies

Power to create boardsU.K.

87Power to establish boardsU.K.

(1)The appropriate authority may by order—

(a)establish a body for a purpose or purposes falling within section 88, and

(b)assign to it a function or functions falling within section 89.

(2)The order must specify the area or areas in relation to which assigned functions are exercisable.

(3)The areas which may be specified under subsection (2) are—

(a)England or an area in England;

(b)Wales or an area in Wales;

(c)Scotland or an area in Scotland;

(d)Northern Ireland or an area in Northern Ireland;

(e)any combination of any of the areas mentioned in paragraphs (a) to (d).

(4)In this Chapter—

  • the appropriate authority” has the meaning given by section 96;

  • board” means a body established by an order under this section;

  • section 87 order” means an order under this section.

(5)A board is to be known by a name specified in the order.

(6)Schedule 8 contains provisions about the constitution of boards and related matters.

Commencement Information

I99S. 87 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

88Permissible purposes of boardsU.K.

(1)The purposes referred to in section 87(1)(a) are—

(a)increasing efficiency or productivity in an agricultural or related industry;

(b)improving marketing in an agricultural or related industry;

(c)improving or developing services that an agricultural or related industry provides or could provide to the community;

(d)improving the ways in which an agricultural or related industry contributes to sustainable development.

(2)A section 87 order must specify—

(a)the purpose or purposes for which the board is established, and

(b)the industry to which the order relates.

(3)For the purposes of subsection (2)(b), it does not matter whether the specified industry is regarded for any other purpose as—

(a)an industry,

(b)a group of industries, or

(c)a sector or sectors of an industry.

(4)Agriculture” includes horticulture, fruit growing, seed growing, dairy farming and livestock breeding and keeping, and the use of land as grazing land, meadow land, osier land, market gardens and nursery grounds.

(5)Related industry” means an industry which is concerned with the production, processing, manufacture, marketing or distribution of—

(a)anything (including any creature alive or dead) produced in the course of agriculture, and

(b)any product which is derived to any substantial extent from anything so produced.

(6)Services” includes environmental and educational services.

Commencement Information

I100S. 88 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

89Permissible functions of boardsU.K.

(1)The functions referred to in section 87(1)(b) are—

(a)a function specified in Schedule 9 (a “Schedule 9 function”);

(b)a function which, immediately before the commencement of the section 87 order, is a function of an existing levy body (“an existing function”);

(c)a function which is a more limited version of a Schedule 9 function or an existing function;

(d)a function which is a combination of two or more Schedule 9 functions or existing functions;

(e)any additional function, if it appears to the appropriate authority—

(i)to be related or similar to, or connected with, any function being assigned by virtue of any of paragraphs (a) to (d), or

(ii)to be capable of being conveniently exercised in association with any function being so assigned.

(2)In this Chapter “existing levy body” means—

(a)the British Potato Council;

(b)the Home-Grown Cereals Authority;

(c)the Horticultural Development Council;

(d)the Meat and Livestock Commission;

(e)the Milk Development Council.

Commencement Information

I101S. 89 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

90Ancillary provisionsU.K.

Schedule 10 makes further provision about the contents of a section 87 order.

Commencement Information

I102S. 90 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

Power to dissolve existing levy bodies and boardsU.K.

91Power to dissolve existing levy bodiesU.K.

(1)The appropriate authority may by order provide for the dissolution of any or all of the existing levy bodies.

(2)If an order is made providing for the dissolution of the Home-Grown Cereals Authority, the order must provide for the Cereals Marketing Act 1965 (c. 14) to cease to have effect.

(3)If an order is made providing for the dissolution of the Meat and Livestock Commission, the order must provide for the relevant provisions of the Agriculture Act 1967 (c. 22) to cease to have effect.

(4)The relevant provisions of the 1967 Act are—

  • Part 1 (livestock and meat marketing);

  • Schedule 1 (the Meat and Livestock Commission);

  • Schedule 2 (supplementary provisions with respect to development schemes).

(5)If an order is made providing for the dissolution of—

(a)the British Potato Council,

(b)the Horticultural Development Council, or

(c)the Milk Development Council,

the order must provide for the revocation of the development council order establishing the Council.

(6)Development council order” has the meaning given by section 1(2) of the Industrial Organisation and Development Act 1947 (c. 40) (power to establish development councils etc.).

Commencement Information

I103S. 91 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

92Power to dissolve boardU.K.

(1)The appropriate authority may by order provide for the dissolution of a board.

(2)An order under this section must provide for the revocation of the section 87 order.

Commencement Information

I104S. 92 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

93Dissolution: supplementaryU.K.

(1)Subsection (2) applies if an order is made providing for—

(a)the dissolution of an existing levy body, or

(b)the dissolution of a board.

(2)The order may provide for the transfer of any property, rights or liabilities of the existing levy body or board.

(3)Subsection (4) applies if an order is made providing for—

(a)the dissolution of an existing levy body, or

(b)the dissolution of a board in relation to which provision has been made by virtue of paragraph 5 of Schedule 10 (levies).

(4)The order must provide for the application of any surplus—

(a)for the purposes for which the existing levy body or board was established, or

(b)for connected purposes.

(5)Surplus” means an amount by which the assets of the existing levy body or board exceeds its liabilities and expenses.

Commencement Information

I105S. 93 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

Powers of appropriate authorityU.K.

94GrantsU.K.

(1)The appropriate authority may make grants to a board of such amounts as the appropriate authority thinks fit.

(2)A grant under this section may be made subject to such conditions as the appropriate authority thinks fit.

Commencement Information

I106S. 94 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

95DirectionsU.K.

(1)The appropriate authority may give a board general or specific directions as to the exercise of its functions.

(2)The appropriate authority must publish any directions given under this section as soon as is reasonably practicable after giving the directions.

(3)The power to give directions under this section includes power to vary or revoke the directions.

(4)A board must comply with any directions given under this section.

Commencement Information

I107S. 95 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

SupplementaryU.K.

96“The appropriate authority”U.K.

(1)In this Chapter “the appropriate authority” means—

(a)in relation to matters concerning England only, the Secretary of State;

(b)in relation to matters concerning Wales only, the National Assembly for Wales;

(c)in relation to matters concerning Scotland only, the Scottish Ministers;

(d)in relation to matters concerning Northern Ireland only, the relevant Northern Ireland department;

(e)in relation to the matters mentioned in subsection (2), the Secretary of State acting with the approval of the National Assembly for Wales, the Scottish Ministers or (as the case may be) the relevant Northern Ireland department.

(2)The matters referred to are—

(a)making a section 87 order establishing a board which has cross-border functions;

(b)making an order under section 91 or 92 dissolving an existing levy body or such a board;

(c)making appointments to such a board or exercising other powers in relation to a cross-border function of a board.

(3)Cross-border functions” means functions relating to—

(a)England, and

(b)Wales, Scotland or Northern Ireland.

(4)The Scottish Ministers may not give their approval for the purposes of subsection (1)(e) to the making of—

(a)an order establishing a board whose cross-border functions include functions relating to Scotland, or

(b)an order dissolving an existing levy body or a board whose cross-border functions include functions relating to Scotland,

unless a draft of the order has been laid before, and approved by a resolution of, the Scottish Parliament.

(5)In this Chapter “the relevant Northern Ireland department” means the Department of Agriculture and Rural Development in Northern Ireland.

Commencement Information

I108S. 96 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

97Orders: procedure etc.U.K.

(1)An order under this Chapter may include supplementary, incidental, consequential, transitory, transitional or saving provision.

(2)An order under this Chapter making provision of a description referred to in subsection (1) may—

(a)amend or repeal any enactment, or

(b)amend or revoke any subordinate legislation,

whenever passed or made.

(3)Enactment” includes Acts of the Scottish Parliament and Northern Ireland legislation.

(4)Subordinate legislation” has the same meaning as in the Interpretation Act 1978 (c. 30), except that it includes any instrument made under an Act of the Scottish Parliament and any instrument within the meaning of section 1(c) of the Interpretation Act (Northern Ireland) 1954 (c. 33 N.I.).

(5)Before making any order under this Chapter the appropriate authority must consult such organisations as appear to it to be representative of interests substantially affected by the proposed order.

(6)Subject to subsection (7), any power to make an order under this Chapter is exercisable by statutory instrument.

(7)Any power of the relevant Northern Ireland department to make an order under this Chapter is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I.12)).

(8)An order under this Chapter may not be made—

(a)by the Secretary of State, unless a draft of the statutory instrument containing the order has been laid before, and approved by a resolution of, each House of Parliament;

(b)by the Scottish Ministers, unless a draft of the statutory instrument containing the order has been laid before, and approved by a resolution of, the Scottish Parliament;

(c)by the relevant Northern Ireland department, unless a draft of the statutory rule containing the order has been laid before, and approved by a resolution of, the Northern Ireland Assembly.

Commencement Information

I109S. 97 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

Chapter 3E+W+N.I.Financial assistance

98Financial assistanceE+W+N.I.

(1)The Secretary of State may give or arrange for the giving of financial assistance in respect of expenditure incurred or to be incurred in any matter related to or connected with a DEFRA [F34or BEIS] function.

(2)Financial assistance under this section may be given in any form, and may in particular be given by way of a grant, a loan or a guarantee.

(3)Financial assistance under this section may be given subject to such conditions as may be determined by, or in accordance with arrangements made by, the Secretary of State.

(4)The conditions may, in particular, include (in the case of a grant) conditions for repayment in specified circumstances.

[F35(5)DEFRA [F36or BEIS] function” means—

(a)a function which falls to be performed by or through the Department for Environment, Food and Rural Affairs, or

(b) a former DEFRA function which falls to be performed by or through the [F37Department for Business, Energy and Industrial Strategy].

(5A) In subsection (5) “former DEFRA function” has the meaning given by article 2(3) of the Secretary of State for Energy and Climate Change Order 2009 [F38(and see also the Secretaries of State for Business, Energy and Industrial Strategy, for International Trade and for Exiting the European Union and the Transfer of Functions (Education and Skills) Order 2016)].]

(6)A certificate issued by the Secretary of State that a function falls to be performed as mentioned in subsection (5) is conclusive evidence of that fact.

(7)The power to give financial assistance under this section may be exercised even though a more specific power to give financial assistance exists.

Part 9 U.K.Miscellaneous

99Natural beauty in the countrysideE+W

The fact that an area in England or Wales consists of or includes—

(a)land used for agriculture or woodlands,

(b)land used as a park, or

(c)any other area whose flora, fauna or physiographical features are partly the product of human intervention in the landscape,

does not prevent it from being treated, for the purposes of any enactment (whenever passed), as being an area of natural beauty (or of outstanding natural beauty).

100Byelaws relating to land drainageE+W

(1)In the Water Resources Act 1991 (c. 57), in Schedule 25, in paragraph 5(1) (power of Environment Agency to make byelaws for securing efficient working of drainage system), for the words from “necessary for securing” to the end of paragraph 5(1) substitute necessary—

(a)for securing the efficient working of any drainage system, or

(b)for regulating the effects of any drainage system on the environment.

(2)In paragraph 5(5) of that Schedule, after “banks” insert “ , drainage ”.

(3)In the Land Drainage Act 1991 (c. 59), in section 66(1) (power of land drainage authorities etc. to make byelaws for securing efficient working of drainage system), for the words from “necessary for securing” to the end of section 66(1) substitute necessary—“

(a)for securing the efficient working of any drainage system in their district or area, or

(b)for regulating the effects in their district or area of any drainage system on the environment.

Commencement Information

I111S. 100 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

101Abolition of certain agricultural etc. committeesU.K.

The following are abolished—

(a)the advisory committee for England, Wales and Northern Ireland established under section 32 of the Hill Farming Act 1946 (c. 73),

(b)the sub-committee for Wales and Monmouthshire established under that section,

(c)the advisory committee for Scotland established under that section,

(d)the consumers' committees and committees of investigation established under section 19 of the Agricultural Marketing Act 1958 (c. 47), and

(e)the committee of investigation established under Article 21 of the Agricultural Marketing (Northern Ireland) Order 1982 (S.I. 1982/1080 (N.I. 12)).

Commencement Information

I112S. 101 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

Part 10 U.K.Final provisions

102Crown landE+W

(1)The appropriate authority may enter into an agreement under section 7 as respects an interest in Crown land held by or on behalf of the Crown.

(2)An agreement under section 7 as respects any other interest in Crown land is of no effect unless approved by the appropriate authority.

(3)Crown land” means land an interest in which—

(a)belongs to Her Majesty in right of the Crown,

(b)belongs to Her Majesty in right of the Duchy of Lancaster,

(c)belongs to the Duchy of Cornwall, or

(d)belongs to a government department or is held in trust for Her Majesty for the purposes of a government department.

(4)The appropriate authority”, in relation to any land, means—

(a)if the land belongs to Her Majesty in right of the Crown, the Crown Estate Commissioners or other government department having the management of the land in question;

(b)if the lands belongs to Her Majesty in right of the Duchy of Lancaster, the Chancellor of the Duchy;

(c)if the land belongs to the Duchy of Cornwall, such person as the Duke of Cornwall, or the possessor for the time being of the Duchy of Cornwall, appoints;

(d)if the land belongs to a government department or is held in trust for Her Majesty for the purposes of a government department, that department.

(5)If any question arises under this section as to what authority is the appropriate authority in relation to any land, that question is to be referred to the Treasury, whose decision is final.

103WalesE+W

In Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672), the reference to the Wildlife and Countryside Act 1981 (c. 69) is to be read as a reference to the 1981 Act as amended by this Act.

104Power to make further provisionE+W

(1)The Secretary of State may by order make such supplementary, incidental, consequential, transitory, transitional or saving provision as the Secretary of State considers necessary or expedient for the purposes of, in consequence of or for giving full effect to any provision of this Act.45

(2)An order under subsection (1) may—

(a)amend or repeal any enactment contained in an Act passed on or before the last day of the Session in which this Act is passed;

(b)amend or revoke any subordinate legislation made before the passing of this Act.

(3)Subordinate legislation” has the same meaning as in the Interpretation Act 1978 (c. 30)).

(4)The power to make an order under subsection (1) is exercisable by statutory instrument.

(5)An order under subsection (1) which contains any provision (whether alone or with other provisions) made by virtue of subsection (2)(a) may not be made unless a draft of the statutory instrument containing the order has been laid before, and approved by a resolution of, each House of Parliament.

(6)A statutory instrument containing any other order under subsection (1) is subject to annulment in pursuance of a resolution of either House of Parliament.

105Minor and consequential amendments etc.U.K.

(1)Schedule 11 contains minor and consequential amendments.

(2)Schedule 12 contains repeals and revocations.

Commencement Information

I113S. 105(1) in force at 2.5.2006 for specified purposes for E.W. by S.I. 2006/1176, art. 4

I114S. 105(1) in force at 1.10.2006 in so far as not already in force by S.I. 2006/2541, art. 2 (with Sch.)

I115S. 105(2) in force at 2.5.2006 for E. immediately after the coming into force of 2000 c. 37, ss. 47-50 by S.I. 2006/1176, art. 6

I116S. 105(2) in force at 1.10.2006 in so far as not already in force by S.I. 2006/2541, art. 2 (with Sch.)

106Financial provisionsE+W

There is to be paid out of money provided by Parliament—

(a)any expenditure incurred by a Minister of the Crown in consequence of this Act, and

(b)any increase attributable to this Act in the sums payable by virtue of any other Act out of money so provided.

107CommencementU.K.

(1)Part 1 (Natural England and the Commission for Rural Communities) comes into force in accordance with provision made by order by the Secretary of State.

(2)Part 2 (nature conservation in the UK) comes into force in accordance with provision made by order by the Secretary of State, after consulting the Scottish Ministers and the Department of Agriculture and Rural Development in Northern Ireland.

(3)In Parts 3 to 5 (wildlife etc., SSSIs, National Parks and the Broads)—

(a)section 59 comes into force at the end of the period of two months beginning with the day on which this Act is passed, and

(b)the other provisions come into force in accordance with provision made by order by the Secretary of State.

(4)Part 6 (rights of way) comes into force in accordance with provision made by order by—

(a)the Secretary of State (in relation to England), or

(b)the National Assembly for Wales (in relation to Wales).

(5)Part 7 (inland waterways) comes into force in accordance with provision made by order by the Secretary of State, after consulting the Scottish Ministers.

(6)In Part 8 (flexible administrative arrangements)—

(a)Chapter 1 comes into force in accordance with provision made by order by the Secretary of State,

(b)Chapter 2 comes into force in accordance with provision made by order by the Secretary of State, after consulting the Scottish Ministers and the Department of Agriculture and Rural Development in Northern Ireland, and

(c)Chapter 3 comes into force in accordance with provision made by order by the Secretary of State.

(7)In Part 9 (miscellaneous)—

(a)section 99 (natural beauty in the countryside) comes into force at the end of the period of two months beginning with the day on which this Act is passed, and

(b)section 101 (abolition of certain agricultural etc. committees) comes into force in accordance with provision made by order by the Secretary of State, after consulting the Scottish Ministers and the Department of Agriculture and Rural Development in Northern Ireland.

(8)In this Part—

(a)section 105 and Schedules 11 and 12, except so far as relating to an Act of the Scottish Parliament or a provision which extends to Northern Ireland only, comes into force in accordance with provision made by order by the Secretary of State,

(b)section 105 and Schedules 11 and 12, so far as relating to an Act of the Scottish Parliament, comes into force in accordance with provision made by order by the Secretary of State after consulting the Scottish Ministers, and

(c)section 105 and Schedules 11 and 12, so far as relating to a provision which extends to Northern Ireland only, comes into force in accordance with provision made by order by the Secretary of State, after consulting the Department of Agriculture and Rural Development and the Department of the Environment in Northern Ireland.

(9)The power to make an order under this section is exercisable by statutory instrument.

(10)An order under this section may make different provision for different purposes or different areas.

(11)An order under this section may make such transitional, transitory or saving provision as the person making the order considers expedient.

108ExtentU.K.

(1)Except as provided by this section, this Act extends to England and Wales only.

(2)Part 2 (nature conservation in the UK) extends also to Scotland and Northern Ireland.

(3)In Part 3—

(a)amendments affecting any provisions of the Wildlife and Countryside Act 1981 (c. 69) that extend to the territorial waters adjacent to England and Wales extend also to those waters, and

(b)paragraphs 1, 2, 5 and 6 of Schedule 6 (wildlife offences: time limits for proceedings), and section 53 so far as necessary, extend to any place to which the enactments amended by Schedule 6 extend.

F39(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)In Part 8 (flexible administrative arrangements)—

(a)Chapter 2 (powers to reform agricultural etc. bodies) extends also to Scotland and Northern Ireland, and

(b)Chapter 3 (financial assistance) extends also to Northern Ireland.

(6)In Part 9 (miscellaneous), section 101 (abolition of certain agricultural etc. committees) extends also to Scotland and Northern Ireland.

(7)In this Part—

(a)sections 105, 107 and 109 and this section extend also to Scotland and Northern Ireland so far as necessary, and

(b)the amendments, repeals and revocations in Schedules 11 and 12 have the same extent as the provisions to which they relate (except where otherwise provided).

109Short titleU.K.

This Act may be cited as the Natural Environment and Rural Communities Act 2006.

SCHEDULES

Section 1

SCHEDULE 1E+WNatural England

StatusE+W

1Natural England is to be a body corporate.

Commencement Information

I117Sch. 1 para. 1 in force at 2.5.2006 by S.I. 2006/1176, art. 4

2Subject to paragraph 22 (nature reserves), Natural England is not to be regarded—

(a)as a servant or agent of the Crown, or

(b)as enjoying any status, privilege or immunity of the Crown,

and Natural England's property is not to be regarded as property of, or held on behalf of, the Crown.

Commencement Information

I118Sch. 1 para. 2 in force at 2.5.2006 by S.I. 2006/1176, art. 4

MembershipE+W

3(1)Natural England is to consist of—E+W

(a)a chairman appointed by the Secretary of State, and

(b)not less than 8 nor more than 15 other members appointed by the Secretary of State.

(2)The Secretary of State must consult the chairman before appointing the other members.

(3)In appointing a person to be a member, the Secretary of State must have regard to the desirability of appointing a person who has experience of, and has shown some capacity in, some matter relevant to the exercise of Natural England's functions.

(4)The Secretary of State may by order amend sub-paragraph (1)(b) so as to substitute a different number for a number specified there.

(5)The power to make an order under sub-paragraph (4) is exercisable by statutory instrument.

(6)A statutory instrument containing such an order is subject to annulment in pursuance of a resolution of either House of Parliament.

Commencement Information

I119Sch. 1 para. 3 in force at 2.5.2006 by S.I. 2006/1176, art. 4

4The Secretary of State may appoint one of the members to be deputy chairman.

Commencement Information

I120Sch. 1 para. 4 in force at 2.5.2006 by S.I. 2006/1176, art. 4

Term of officeE+W

5Subject to paragraphs 6 to 8, a member holds and vacates office in accordance with the terms of his appointment.

Commencement Information

I121Sch. 1 para. 5 in force at 2.5.2006 by S.I. 2006/1176, art. 4

6A member may resign by giving written notice to the Secretary of State.

Commencement Information

I122Sch. 1 para. 6 in force at 2.5.2006 by S.I. 2006/1176, art. 4

7The Secretary of State may remove a member who—

(a)has been absent from meetings of Natural England for a period longer than 6 months without the permission of Natural England,

(b)has become bankrupt[F40or has had a debt relief order made in respect of him (under Part 7A of the Insolvency Act 1986)] or has made an arrangement with his creditors or has had his estate sequestrated in Scotland, or

(c)in the opinion of the Secretary of State is otherwise unable or unfit to carry out his duties.

Textual Amendments

Commencement Information

I123Sch. 1 para. 7 in force at 2.5.2006 by S.I. 2006/1176, art. 4

8A person ceases to be chairman or deputy chairman if he—

(a)resigns that office by giving written notice to the Secretary of State, or

(b)ceases to be a member.

Commencement Information

I124Sch. 1 para. 8 in force at 2.5.2006 by S.I. 2006/1176, art. 4

9A person who—

(a)ceases to be a member, or

(b)ceases to be chairman or deputy chairman,

is eligible for reappointment to that office.

Commencement Information

I125Sch. 1 para. 9 in force at 2.5.2006 by S.I. 2006/1176, art. 4

Remuneration and pensions etc.E+W

10Natural England may pay to the members such remuneration and allowances as the Secretary of State may determine.

Commencement Information

I126Sch. 1 para. 10 in force at 2.5.2006 by S.I. 2006/1176, art. 4

11If required to do so by the Secretary of State, Natural England must—

(a)pay such pensions, gratuities or allowances to or in respect of any member as the Secretary of State may determine;

(b)pay such sums as the Secretary of State may determine towards provision for the payment of pensions, gratuities or allowances to or in respect of any member.

Commencement Information

I127Sch. 1 para. 11 in force at 2.5.2006 by S.I. 2006/1176, art. 4

12(1)This paragraph applies if—E+W

(a)a person ceases to be a member, and

(b)it appears to the Secretary of State that there are special circumstances which make it appropriate for the person to receive compensation.

(2)The Secretary of State may require Natural England to pay the person such amount as the Secretary of State may determine.

Commencement Information

I128Sch. 1 para. 12 in force at 2.5.2006 by S.I. 2006/1176, art. 4

StaffE+W

13(1)Natural England must appoint a person to be chief executive, but may only appoint a person who has been approved by the Secretary of State.E+W

(2)The chief executive is an employee of Natural England.

(3)The Secretary of State may appoint the first chief executive.

Commencement Information

I129Sch. 1 para. 13 in force at 2.5.2006 by S.I. 2006/1176, art. 4

14Natural England may appoint other employees.

Commencement Information

I130Sch. 1 para. 14 in force at 2.5.2006 by S.I. 2006/1176, art. 4

15If required to do so by the Secretary of State, Natural England must—

(a)pay such pensions, gratuities or allowances to or in respect of any employee as the Secretary of State may determine;

(b)pay such sums as the Secretary of State may determine towards provision for the payment of pensions, gratuities or allowances to or in respect of any employee.

Commencement Information

I131Sch. 1 para. 15 in force at 2.5.2006 by S.I. 2006/1176, art. 4

16(1)Employment with Natural England is to be included among the kinds of employment to which a scheme under section 1 of the Superannuation Act 1972 (c. 11) can apply.E+W

(2)Natural England must pay to the Minister for the Civil Service, at such times as he may direct, such sums as he may determine in respect of any increase attributable to sub-paragraph (1) in the sums payable out of money provided by Parliament under that Act.

Commencement Information

I132Sch. 1 para. 16 in force at 2.5.2006 by S.I. 2006/1176, art. 4

ProcedureE+W

17Natural England may determine its own procedure (including quorum).

Commencement Information

I133Sch. 1 para. 17 in force at 2.5.2006 by S.I. 2006/1176, art. 4

18No proceeding is invalidated by—

(a)a vacancy in the office of chairman, or

(b)any defect in the appointment of any member.

Commencement Information

I134Sch. 1 para. 18 in force at 2.5.2006 by S.I. 2006/1176, art. 4

Discharge of functionsE+W

19(1)Natural England may authorise a committee, sub-committee, member or employee of Natural England to exercise any of Natural England's functions.E+W

(2)Sub-paragraph (1) does not prevent Natural England from exercising the function itself or affect the power of Natural England to authorise an employee to carry out functions of Natural England.

Commencement Information

I135Sch. 1 para. 19 in force at 2.5.2006 by S.I. 2006/1176, art. 4

Membership of committees and sub-committeesE+W

20(1)A committee or sub-committee may include persons who are not members of Natural England.E+W

(2)Natural England may pay such remuneration and allowances as the Secretary of State may determine to any person who—

(a)is a member of a committee or sub-committee, but

(b)is not a member or employee of Natural England.

Commencement Information

I136Sch. 1 para. 20 in force at 2.5.2006 by S.I. 2006/1176, art. 4

Application of seal and proof of documentsE+W

21(1)The application of Natural England's seal must be authenticated by the signature of—E+W

(a)a member of Natural England who is authorised (generally or specially) for that purpose, or

(b)an employee who is so authorised.

(2)A document purporting to be duly executed under the seal of Natural England—

(a)is to be received in evidence, and

(b)is to be treated as so executed unless the contrary is shown.

Commencement Information

I137Sch. 1 para. 21 in force at 2.5.2006 by S.I. 2006/1176, art. 4

Nature reservesE+W

22(1)This paragraph applies to land in which Natural England has an interest and which is managed as a nature reserve.E+W

(2)For the purposes of the application of any enactment or rule of law to the land Natural England is to be treated as a government department.

(3)An interest in land includes any estate in land and any right over land, whether the right is exercisable by virtue of the ownership of an interest in land or by virtue of a licence or agreement.

Commencement Information

I138Sch. 1 para. 22 in force at 2.5.2006 by S.I. 2006/1176, art. 4

Reports, accounts etc.E+W

23(1)For each financial year, Natural England must—E+W

(a)prepare an annual report on how it has discharged its functions during the year, and

(b)send a copy of the report to the Secretary of State within such period as the Secretary of State directs.

(2)In this paragraph and paragraph 24, “financial year” means—

(a)the period beginning with the day on which Natural England is established and ending with the next 31st March, and

(b)each subsequent period of 12 months ending with 31st March.

Commencement Information

I139Sch. 1 para. 23 in force at 2.5.2006 by S.I. 2006/1176, art. 4

24(1)Natural England must keep proper accounts and proper records in relation to the accounts.E+W

(2)For each financial year, Natural England must—

(a)prepare a statement of accounts in respect of that financial year, and

(b)send copies of the statement to the Secretary of State and the Comptroller and Auditor General within such period as the Secretary of State directs.

(3)The statement must be in such form as the Secretary of State may direct.

(4)The Comptroller and Auditor General must—

(a)examine, certify and report on the statement, and

(b)send a copy of the certified statement and of his report to the Secretary of State as soon as possible.

Commencement Information

I140Sch. 1 para. 24 in force at 2.5.2006 by S.I. 2006/1176, art. 4

25The Secretary of State must lay before each House of Parliament a document consisting of—

(a)a copy of the report sent under paragraph 23(1), and

(b)a copy of the statement and report sent under paragraph 24(4).

Commencement Information

I141Sch. 1 para. 25 in force at 2.5.2006 by S.I. 2006/1176, art. 4

26(1)Natural England must provide the Secretary of State with such information as he may require relating to Natural England's property or to the discharge or proposed discharge of its functions.E+W

(2)Natural England must also—

(a)permit any person authorised by the Secretary of State to inspect and make copies of any accounts or other documents of Natural England, and

(b)provide such explanation of them as that person or the Secretary of State may require.

Commencement Information

I142Sch. 1 para. 26 in force at 2.5.2006 by S.I. 2006/1176, art. 4

Section 17

F41SCHEDULE 2E+WCommission for Rural Communities

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 28

SCHEDULE 3E+WTransfer schemes

Creation and apportionment of property, rights and liabilities etc.E+W

1A scheme may—

(a)create for the transferor interests in or rights over property transferred by virtue of the scheme;

(b)create for the transferee interests in or rights over property retained by the transferor;

(c)create rights or liabilities between the transferor and the transferee.

Commencement Information

I143Sch. 3 para. 1 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

2(1)A scheme may provide for the transfer of property, rights or liabilities that would not otherwise be capable of being transferred or assigned.E+W

(2)In particular, it may provide for the transfer to take effect regardless of a contravention, liability or interference with an interest or right that would otherwise exist by reason of a provision having effect in relation to the terms on which the transferor is entitled to the property or right, or subject to the liability, in question.

(3)It does not matter whether the provision referred to in sub-paragraph (2) has effect under an enactment or an agreement or in any other way.

Commencement Information

I144Sch. 3 para. 2 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

3A certificate by the Secretary of State that anything specified in the certificate has vested in any person by virtue of a scheme is conclusive evidence for all purposes of that fact.

Commencement Information

I145Sch. 3 para. 3 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

Employment contractsE+W

4(1)This paragraph applies if rights and liabilities under a contract of employment are transferred by virtue of a scheme.E+W

(2)The contract of employment—

(a)is not terminated by the transfer, and

(b)has effect from the transfer date as if made between the employee and the transferee.

(3)The rights, powers, duties and liabilities of the transferor under or in connection with the contract are transferred to the transferee on the transfer date.

(4)Anything done before the transfer date by or in relation to the transferor in respect of the contract or the employee is to be treated from that date as having been done by or in relation to the transferee.

(5)This paragraph is subject to paragraph 5.

Commencement Information

I146Sch. 3 para. 4 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

5(1)Rights and liabilities under a contract of employment are not transferred under this Schedule if the employee informs the transferor or transferee that he objects to the transfer.E+W

(2)If the employee informs the transferor or transferee that he objects—

(a)his contract of employment is terminated immediately before the transfer date, but

(b)he is not to be treated, for any purpose, as having been dismissed by the transferor.

Commencement Information

I147Sch. 3 para. 5 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

6Nothing in this Schedule affects any right a person has to terminate his contract of employment if (apart from the change of employer) a substantial change is made to his detriment in his working conditions.

Commencement Information

I148Sch. 3 para. 6 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

Civil servants treated as employed under a contract of employment etc.E+W

7(1)This Schedule applies with the following modifications in relation to employment in the civil service of the State on terms which do not constitute a contract of employment.E+W

(2)In the case of an individual who holds employment in the civil service of the State immediately before the transfer date—

(a)he is to be treated as employed by virtue of a contract of employment,

(b)the terms of that employment are to be regarded as constituting the terms of that contract, and

(c)the reference in paragraph 5 to dismissal by the transferor is to termination of that employment.

(3)In the case of an individual who is to hold employment in the civil service of the State on and after the transfer date, the terms and conditions of his contract of employment immediately before that date have effect on and after that date as if they were terms and conditions of his employment in the civil service of the State.

Commencement Information

I149Sch. 3 para. 7 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

CompensationE+W

8A scheme may contain provision for the payment of compensation by the Secretary of State to any person whose interests are adversely affected by it.

Commencement Information

I150Sch. 3 para. 8 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

ContinuityE+W

9A transfer under this Schedule does not affect the validity of anything done by or in relation to the transferor before the transfer takes effect.

Commencement Information

I151Sch. 3 para. 9 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

10Anything which—

(a)is done by the transferor for the purposes of or otherwise in connection with anything transferred by virtue of a scheme, and

(b)is in effect immediately before the transfer date,

is to be treated as done by the transferee.

Commencement Information

I152Sch. 3 para. 10 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

11There may be continued by or in relation to the transferee anything (including legal proceedings)—

(a)which relates to anything transferred by virtue of a scheme, and

(b)which is in the process of being done by or in relation to the transferor immediately before the transfer date.

Commencement Information

I153Sch. 3 para. 11 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

12(1)This paragraph applies to any document—E+W

(a)which relates to anything transferred by virtue of a scheme, and

(b)which is in effect immediately before the transfer date.

(2)Any references in the document to the transferor are to be read as references to the transferee.

Commencement Information

I154Sch. 3 para. 12 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

Incidental provisionE+W

13A scheme may include supplementary, incidental, transitional and consequential provision.

Commencement Information

I155Sch. 3 para. 13 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

Section 31

SCHEDULE 4U.K.Joint Nature Conservation Committee

MembershipU.K.

1(1)The joint committee is to consist of 14 members—U.K.

(a)a chairman appointed by the Secretary of State;

(b)5 members appointed by the Secretary of State;

(c)the chairman or deputy chairman of each of the GB conservation bodies and one other member of each of those bodies appointed by the body in question;

(d)the chairman of the Council for Nature Conservation and the Countryside and one other member of the Council appointed by the relevant Northern Ireland department.

(2)The joint committee may appoint a member to be deputy chairman.

Commencement Information

I156Sch. 4 para. 1 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

2The members appointed by the Secretary of State must not be members of the UK conservation bodies.

Commencement Information

I157Sch. 4 para. 2 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

3(1)The members appointed by the Secretary of State must be persons appearing to the Secretary of State to have experience in or scientific knowledge of nature conservation.U.K.

(2)Before appointing any members under paragraph 1(1), the Secretary of State must consult the National Assembly for Wales, the Scottish Ministers and the relevant Northern Ireland department.

(3)Before appointing members under paragraph 1(1)(b), the Secretary of State must consult—

(a)the chairman, and

(b)such persons having scientific knowledge of nature conservation as the Secretary of State thinks appropriate.

Commencement Information

I158Sch. 4 para. 3 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

Term of office of members appointed by Secretary of StateU.K.

4Subject to paragraphs 5 and 6, a member appointed by the Secretary of State holds and vacates office in accordance with the terms of his appointment.

Commencement Information

I159Sch. 4 para. 4 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

5A member appointed by the Secretary of State may resign by giving him written notice.

Commencement Information

I160Sch. 4 para. 5 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

6The Secretary of State may remove a member appointed by him who—

(a)has been absent from meetings of the joint committee for a period longer than 6 months without the permission of the joint committee,

(b)has become bankrupt[F42or had a debt relief order made in respect of him (under Part 7A of the Insolvency Act 1986)] or made an arrangement with his creditors, or has had his estate sequestrated in Scotland, or

(c)in the opinion of the Secretary of State is otherwise unable or unfit to carry out his duties.

Textual Amendments

Commencement Information

I161Sch. 4 para. 6 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

Remuneration and allowances etc.U.K.

7The joint committee must pay to the members appointed by the Secretary of State such remuneration and allowances as the Secretary of State may determine.

Commencement Information

I162Sch. 4 para. 7 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

8If required to do so by the Secretary of State, the joint committee must—

(a)pay such pensions, gratuities or allowances to or in respect of the chairman as the Secretary of State may determine, or

(b)pay such sums as the Secretary of State may determine towards provision for the payment of pensions, gratuities or allowances to or in respect of the chairman.

Commencement Information

I163Sch. 4 para. 8 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

9(1)This paragraph applies if—U.K.

(a)a person ceases to be chairman, and

(b)it appears to the Secretary of State that there are special circumstances which make it appropriate for the person to receive compensation.

(2)The Secretary of State may require the joint committee to pay the person such sum as the Secretary of State may determine.

Commencement Information

I164Sch. 4 para. 9 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

Staff: generalU.K.

10The joint committee may, with the approval of the Secretary of State, appoint employees.

Commencement Information

I165Sch. 4 para. 10 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

11The joint committee must pay to its employees such remuneration and allowances as the joint committee may, with the approval of the Secretary of State, determine.

Commencement Information

I166Sch. 4 para. 11 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

12The joint committee may—

(a)pay such pensions, gratuities or allowances to or in respect of any employee or former employee,

(b)pay such sums towards provision for the payment of such pensions, allowances or gratuities, or

(c)provide and maintain such schemes (whether contributory or not) for the payment of such pensions, allowances or gratuities,

as it may, with the approval of the Secretary of State, determine.

Commencement Information

I167Sch. 4 para. 12 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

Formation of companyU.K.

13(1)With the consent of the Secretary of State, and subject to any conditions he may impose, the joint committee may form a company limited by guarantee the main objects of which fall within sub-paragraph (2).U.K.

(2)The objects are—

(a)providing administrative and corporate support services to the joint committee, including the employment of staff, for the purposes of its functions,

(b)making charges and holding land or any interest in or right over land for those purposes, and

(c)doing such other things as are conducive or incidental to the discharge of those functions.

(3)The constitution of any company formed under this paragraph must include provision to ensure that only members of the joint committee are members of the company.

(4)The members of any company formed under this paragraph must ensure that no-one is appointed, or continues to serve, as a director of the company who is not a member of the joint committee, or an employee of the joint committee or of the company.

(5)Sub-paragraphs (2) and (4) do not affect the power of the UK conservation bodies acting through the joint committee to undertake anything mentioned in sub-paragraph (2) by virtue of Part 2.

(6)Where a company is formed under this paragraph the requirements as to the approval of the Secretary of State apply in respect of appointment, payment and pension matters for employees and former employees of the company as they do in respect of employees or former employees of the joint committee under paragraphs 10 to 12.

Commencement Information

I168Sch. 4 para. 13 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

FundingU.K.

14(1)The funding bodies must provide the joint committee with such financial resources as the appropriate authorities consider are needed for the proper discharge of the functions conferred by Part 2.U.K.

(2)When determining what financial resources should be provided, the appropriate authorities must take into account—

(a)any grant being made under paragraph 15, and

(b)the views of the joint committee and the funding bodies.

(3)The contributions of each of the funding bodies are to be such as are agreed by the appropriate authorities, having taken into account the views of those bodies.

(4)The funding bodies” means—

(a)the GB conservation bodies, and

(b)the relevant Northern Ireland department.

Commencement Information

I169Sch. 4 para. 14 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

15(1)The Secretary of State may make grants to the joint committee of such amounts as the Secretary of State thinks fit.U.K.

(2)A grant under this section may be made subject to such conditions as the Secretary of State thinks fit.

Commencement Information

I170Sch. 4 para. 15 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

ProcedureU.K.

16(1)The joint committee may determine its own procedure (including quorum).U.K.

(2)No proceeding of the joint committee is invalidated by—

(a)a vacancy among the members, or

(b)any defect in the appointment of any member.

Commencement Information

I171Sch. 4 para. 16 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

Discharge of functionsU.K.

17(1)The joint committee may authorise any of their functions to be exercised by—U.K.

(a)any member of the joint committee,

(b)a company formed under paragraph 13,

(c)any of the UK conservation bodies, or

(d)any employee of the joint committee, of such a company, or of any of those bodies.

(2)Sub-paragraph (1) does not prevent the joint committee from doing anything that another person has been authorised to do.

Commencement Information

I172Sch. 4 para. 17 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

Annual reportsU.K.

18(1)As soon as possible after the end of each financial year, the joint committee must—U.K.

(a)prepare an annual report on how it has discharged their functions during the year, and

(b)send a copy of the report to the appropriate authorities and the UK conservation bodies.

(2)The Secretary of State must lay a copy of the report before each House of Parliament.

(3)The Scottish Ministers must lay a copy of the report before the Scottish Parliament.

Commencement Information

I173Sch. 4 para. 18 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

InterpretationU.K.

19(1)In this Schedule “the appropriate authorities” means—U.K.

(a)the Secretary of State,

(b)the National Assembly for Wales,

(c)the Scottish Ministers, and

(d)the relevant Northern Ireland department.

(2)In this Schedule “financial year” means the period of 12 months ending with 31st March.

Commencement Information

I174Sch. 4 para. 19 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

Section 52

SCHEDULE 5E+WEnforcement powers in connection with wildlife

Part 1 E+WAmendments of the Wildlife and Countryside Act 1981

1After section 18 insert—

18AWildlife inspectors

(1)In this Part, “wildlife inspector” means a person authorised in writing under this section by—

(a)the Secretary of State (in relation to England), or

(b)the National Assembly for Wales (in relation to Wales).

(2)An authorisation under subsection (1) is subject to any conditions or limitations specified in it.

(3)A wildlife inspector must, if required to do so, produce evidence of his authority before entering any premises under section 18B or 18D.

(4)A wildlife inspector entering premises under either of those sections may take with him a veterinary surgeon if he has reasonable grounds for believing that such a person will be needed for the exercise of powers under section 18C or 18E.

18BGroup 1 offences and licences: power to enter premises

(1)A wildlife inspector may, at any reasonable time, enter and inspect any premises—

(a)for the purpose of ascertaining whether a Group 1 offence is being or has been committed;

(b)for the purpose of—

(i)verifying any statement or representation made, or document or information supplied, by an occupier in connection with an application for, or the holding of, a Group 1 licence, or

(ii)ascertaining whether any condition to which a Group 1 licence was subject has been complied with.

(2)In this Part—

  • Group 1 offence” means an offence under section 1, 5, 9(1), (2) or (4), 11, 13(1) or 14ZA, and

  • Group 1 licence” means a licence authorising anything which would otherwise be a Group 1 offence.

(3)Nothing in this section confers power to enter a dwelling.

18CGroup 1 offences and licences: examining specimens and taking samples

(1)The powers conferred by this section are exercisable where a wildlife inspector has entered any premises for a purpose mentioned in section 18B(1)(a) or (b).

(2)The inspector, or a veterinary surgeon accompanying him, may—

(a)for any such purpose, examine any specimen, and

(b)subject to subsection (5) and section 18F, take a sample from it.

(3)Specimen” means—

(a)any bird, other animal or plant, or

(b)any part of, or anything derived from, a bird, other animal or plant.

(4)Sample” means a sample of blood, tissue or other biological material.

(5)No sample may be taken under subsection (2) from a live bird, other animal or plant except for the purpose of establishing its identity or ancestry.

(6)The inspector may require an occupier of the premises to give such assistance as is reasonable in the circumstances for the purpose of—

(a)making an examination under subsection (2)(a), or

(b)taking a sample under subsection (2)(b).

(7)The inspector may take and remove from the premises a specimen which is not a live bird, other animal or plant, if there are reasonable grounds for believing that it is evidence of a Group 1 offence.

18DGroup 2 offences and licences etc.: power to enter premises

(1)A wildlife inspector may, at any reasonable time, enter and inspect any premises—

(a)for the purpose of ascertaining whether an offence under section 6, 9(5) or 13(2) is being, or has been, committed on those premises;

(b)where he has reasonable cause to believe that any birds included in Schedule 4 are kept, for the purpose of ascertaining whether an offence under section 7 is being, or has been, committed on those premises;

(c)for the purpose of ascertaining whether an offence under section 14 is being, or has been, committed on those premises;

(d)for the purpose of—

(i)verifying any statement or representation made, or document or information supplied, by an occupier in connection with an application for, or the holding of, a Group 2 licence or a relevant registration, or

(ii)ascertaining whether any condition to which a Group 2 licence was subject has been complied with.

(2)In this Part—

  • Group 2 offence” means an offence under section 6, 7, 9(5), 13(2) or 14,

  • Group 2 licence” means a licence authorising anything which would otherwise be a Group 2 offence, and

  • relevant registration” means a registration in accordance with regulations under section 7(1).

(3)In subsection (1)—

(a)paragraphs (a) and (b) do not confer power to enter a dwelling except for purposes connected with—

(i)a Group 2 licence or a relevant registration held by an occupier of the dwelling, or

(ii)an application by an occupier of the dwelling for a Group 2 licence or a relevant registration, and

(b)paragraph (c) does not confer any power to enter a dwelling.

18EGroup 2 offences: examining specimens and taking samples

(1)A wildlife inspector may, for the purpose of ascertaining whether a Group 2 offence is being, or has been, committed in respect of any specimen, require any person who has the specimen in his possession or control to make it available for examination by the inspector or a veterinary surgeon.

(2)A wildlife inspector may, for the purpose of ascertaining whether a Group 2 offence is being or has been committed, require the taking of a sample from a specimen found by him in the exercise of powers conferred by section 18D in order to determine its identity or ancestry.

(3)A wildlife inspector may, for the purpose of ascertaining whether a Group 2 offence is being or has been committed in respect of any specimen (the relevant specimen), require any person to make available for the taking of a sample any specimen (other than the relevant specimen) in that person's possession or control which—

(a)is alleged to be, or

(b)which the wildlife inspector suspects with reasonable cause to be,

a specimen a sample from which will tend to establish the identity or ancestry of the relevant specimen.

(4)Where, pursuant to a requirement under this section—

(a)a bird or other animal is to be examined, or

(b)a sample is to be taken from a bird or other animal,

a person who has the bird or animal in his possession or control must give the person making the examination or taking the sample such assistance as he may reasonably require for that purpose.

(5)Specimen” and “sample” have the same meaning as in section 18C.

(6)This section is subject to section 18F.

18FRestrictions on taking of samples from live specimens

(1)No sample may be taken by virtue of section 18C, 18E or 19XA from a live bird or other animal except by a veterinary surgeon.

(2)No sample may be taken by virtue of section 18C, 18E or 19XA from a live bird, other animal or plant unless the person taking it is satisfied on reasonable grounds that taking the sample will not cause lasting harm to the specimen.

Commencement Information

I175Sch. 5 para. 1 in force at 31.5.2006 by S.I. 2006/1382, art. 2

2(1)Amend section 19 (powers of constables to stop, search, enter etc.) as follows.E+W

(2)In subsection (2)—

(a)after “is committing” insert “ or has committed ”, and

(b)for “enter any land other than a dwelling-house” substitute “ enter any premises other than a dwelling ”.

(3)After subsection (2) insert—

(2A)A constable may, for the purpose of assisting him in exercising the powers conferred by subsection (1)(b) and (d) when he has entered any premises under subsection (2), take with him—

(a)any other person, and

(b)any equipment or materials.

(4)In subsection (3), omit “(with or without other persons)”.

Commencement Information

I176Sch. 5 para. 2 in force at 31.5.2006 by S.I. 2006/1382, art. 2

3After section 19 insert—

19XAConstables' powers in connection with samples

(1)A constable who suspects with reasonable cause that a specimen found by him in the exercise of powers conferred by this section is one in respect of which an offence under this Part is being or has been committed may require the taking from it of a sample.

(2)A constable who suspects with reasonable cause that an offence under this Part is being or has been committed in respect of any specimen (the relevant specimen) may require any person to make available for the taking of a sample any specimen (other than the relevant specimen) in that person's possession or control which—

(a)is alleged to be, or

(b)the constable suspects with reasonable cause to be,

a specimen a sample from which will tend to establish the identity or ancestry of the relevant specimen.

(3)Where a sample from a live bird or other animal is to be taken pursuant to a requirement under this section, any person who has possession or control of the specimen must give the person taking the sample such assistance as he may reasonably require for that purpose.

(4)Specimen” and “sample” have the same meaning as in section 18C.

(5)This section is subject to section 18F (restrictions on taking samples).

19XBOffences in connection with enforcement powers

(1)A person is guilty of an offence if he—

(a)intentionally obstructs a wildlife inspector acting in the exercise of powers conferred by section 18B(1) or 18C(2) or (7), or

(b)fails without reasonable excuse to give any assistance reasonably required under section 18C(6).

(2)A person is guilty of an offence if he—

(a)intentionally obstructs a wildlife inspector acting in the exercise of powers conferred by section 18D(1) or 18E(2), or

(b)fails without reasonable excuse to make available any specimen in accordance with a requirement under section 18E(1) or (3), or

(c)fails without reasonable excuse to give any assistance reasonably required under section 18E(4).

(3)A person is guilty of an offence if he—

(a)fails without reasonable excuse to make available any specimen in accordance with a requirement under section 19XA(2), or

(b)fails without reasonable excuse to give any assistance reasonably required under section 19XA(3).

(4)Any person who, with intent to deceive, falsely pretends to be a wildlife inspector is guilty of an offence.

Commencement Information

I177Sch. 5 para. 3 in force at 31.5.2006 by S.I. 2006/1382, art. 2

4Omit sections 19ZA (enforcement: wildlife inspectors) and 19ZB (power to take samples).

Commencement Information

I178Sch. 5 para. 4 in force at 31.5.2006 by S.I. 2006/1382, art. 2

5(1)Amend section 21 (penalties etc.) as follows.E+W

(2)Omit subsections (4A) and (4D) (penalties in connection with power of entry and powers in connection with examination of specimens and taking samples).

(3)Before subsection (4B) insert—

(4AA)Except in a case falling within subsection (4B) a person guilty of an offence under section 19XB(1), (2) or (3) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(4)In subsection (4B) (penalty for obstructing wildlife inspector to ascertain whether section 14 offence is being or has been committed)—

(a)for “subsection (7) of section 19ZA” substitute “ section 19XB(1)(a) or (2)(a) ”, and

(b)for “acting in the exercise of the power conferred by subsection (3)(c) of that section” substitute “ entering premises to ascertain whether an offence under section 14 or 14ZA is being or has been committed ”.

(5)In subsection (4C) (penalty for pretending to be wildlife inspector), for “19ZA(8)” substitute “ 19XB(4) ”.

Commencement Information

I179Sch. 5 para. 5 in force at 31.5.2006 by S.I. 2006/1382, art. 2

6In section 27 (interpretation of Part 1), in subsection (1), in the definition of “wildlife inspector”, for “section 19ZA(1)” substitute “ section 18A(1) ”.

Commencement Information

I180Sch. 5 para. 6 in force at 31.5.2006 by S.I. 2006/1382, art. 2

Part 2 E+WPowers of wildlife inspectors extended to certain other Acts

IntroductionE+W

7In this Part “the enforcement provisions of the 1981 Act relating to Group 1 offences and Group 1 licences” means the following provisions of the Wildlife and Countryside Act 1981 (c. 69)—

(a)section 18A (power to authorise persons to act as wildlife inspectors);

(b)section 18B (power of wildlife inspector to enter premises);

(c)section 18C (power to examine specimens and take samples);

(d)section 18F (restrictions on taking samples from live specimens);

[F43(da)section 19XB(1) and (4) (offences in connection with enforcement powers);]

(e)section 21(4AA) to (4C) (penalties for obstructing etc. wildlife inspectors).

Textual Amendments

Commencement Information

I181Sch. 5 para. 7 in force at 31.5.2006 by S.I. 2006/1382, art. 2

Destructive Imported Animals Act 1932 (c. 12)E+W

8(1)The enforcement provisions of the 1981 Act relating to Group 1 offences and Group 1 licences apply for the purposes of the 1932 Act as if—E+W

(a)any reference to a Group 1 offence were a reference to any offence under the 1932 Act,

(b)any reference to a Group 1 licence were a reference to a licence under the 1932 Act, and

(c)as if the power to take a sample included power to take a sample from a destructive animal (whether live or dead) for the purpose of testing for disease.

(2)Destructive animal” means a musk rat or other animal to which the 1932 Act applies.

Commencement Information

I182Sch. 5 para. 8 in force at 31.5.2006 by S.I. 2006/1382, art. 2

Conservation of Seals Act 1970 (c. 30)E+W

9The enforcement provisions relating to Group 1 offences and Group 1 licences apply for the purposes of the 1970 Act as if—

(a)[F44United Kingdom Research and Innovation] were required to be consulted about any authorisation of a person to exercise the powers of a wildlife inspector for the purposes of the 1970 Act,

(b)any reference to a Group 1 offence were a reference to any offence under the 1970 Act,

(c)any reference to a Group 1 licence were a reference to a licence under section 10 of the 1970 Act, and

(d)the power to take a sample from a specimen did not include any power to take a sample from a live seal.

Textual Amendments

F44Words in Sch. 5 para. 9(a) substituted (1.4.2018) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 12 para. 20; S.I. 2018/241, reg. 2(t) (with transitional and savings provisions in S.I. 2018/245, regs. 2, 3, 26)

Commencement Information

I183Sch. 5 para. 9 in force at 31.5.2006 by S.I. 2006/1382, art. 2

Deer Act 1991 (c. 54)E+W

10The enforcement provisions relating to Group 1 offences and Group 1 licences apply for the purposes of the 1991 Act as if—

(a)any reference to a Group 1 offence were a reference to any offence under the 1991 Act,

(b)any reference to a Group 1 licence were a reference to a licence under section 8 of the 1991 Act, and

(c)as if the power to take a sample included power to take a sample from a deer (whether live or dead) for the purpose of testing for disease.

Commencement Information

I184Sch. 5 para. 10 in force at 31.5.2006 by S.I. 2006/1382, art. 2

Protection of Badgers Act 1992 (c. 51)E+W

11The enforcement provisions relating to Group 1 offences and Group 1 licences apply for the purposes of the 1992 Act as if—

(a)any reference to a Group 1 offence were a reference to any offence under the 1992 Act,

(b)any reference to a Group 1 licence were a reference to a licence under section 10 of the 1992 Act, and

(c)as if the power to take a sample included power to take a sample from a badger (whether live or dead) for the purpose of testing for disease.

Commencement Information

I185Sch. 5 para. 11 in force at 31.5.2006 by S.I. 2006/1382, art. 2

Part 3 E+WCodes of practice

12(1)The Secretary of State may—E+W

(a)issue a code of practice in connection with any of the provisions of sections 18A to 18F of the 1981 Act (including any of those provisions as applied by Part 2 of this Schedule), and

(b)revise or replace such a code.

(2)An inspector must have regard to any relevant provision of a code when discharging any function under any of the provisions mentioned in sub-paragraph (1)(a).

(3)But an inspector's failure to have regard to any provision of a code does not make him liable to criminal or civil proceedings.

(4)A code—

(a)is admissible in evidence in any proceedings, and

(b)must be taken into account by a court in any case in which it appears to the court to be relevant.

Commencement Information

I186Sch. 5 para. 12 in force at 31.5.2006 by S.I. 2006/1382, art. 2

Part 4 E+WConstable's search warrant power extended to certain other Acts

13(1)Section 19(3) of the 1981 Act (issue of search warrants for purpose of obtaining evidence of offence) applies in relation to an offence under each of the Acts mentioned in sub-paragraph (2) as it applies in relation to an offence under Part 1 of the 1981 Act.E+W

(2)The Acts are—

(a)the Destructive Imported Animals Act 1932 (c. 12);

(b)the Conservation of Seals Act 1970 (c. 30);

(c)the Deer Act 1991 (c. 54);

(d)the Protection of Badgers Act 1992 (c. 51).

Commencement Information

I187Sch. 5 para. 13 in force at 31.5.2006 by S.I. 2006/1382, art. 2

Section 53

SCHEDULE 6E+WWildlife offences: time limits for proceedings

Destructive Imported Animals Act 1932 (c. 12)E+W

1In section 6 (offences relating to importation etc. of musk rats without licence etc.), after subsection (2) insert—

(3)Proceedings in England and Wales for an offence under this section may be brought within the period of 6 months beginning with the date on which evidence sufficient in the opinion of the prosecutor to warrant the proceedings came to his knowledge.

(4)But subsection (3) does not authorise the commencement of proceedings for an offence more than 2 years after the date on which the offence was committed.

(5)For the purposes of subsection (3), a certificate signed by or on behalf of the prosecutor and stating the date on which evidence sufficient in his opinion to warrant the proceedings came to his knowledge shall be conclusive evidence of that fact.

(6)A certificate stating that matter and purporting to be so signed shall be deemed to be so signed unless the contrary is proved.

Commencement Information

I188Sch. 6 para. 1 in force at 31.5.2006 by S.I. 2006/1382, art. 2

Conservation of Seals Act 1970 (c. 30)E+W

2In section 5 (penalties for offences), after subsection (2) insert—

(3)Proceedings in England and Wales for an offence under this Act may be brought within the period of 6 months beginning with the date on which evidence sufficient in the opinion of the prosecutor to warrant the proceedings came to his knowledge.

(4)But subsection (3) does not authorise the commencement of proceedings for an offence more than 2 years after the date on which the offence was committed.

(5)For the purposes of subsection (3), a certificate signed by or on behalf of the prosecutor and stating the date on which evidence sufficient in his opinion to warrant the proceedings came to his knowledge shall be conclusive evidence of that fact.

(6)A certificate stating that matter and purporting to be so signed shall be deemed to be so signed unless the contrary is proved.

Commencement Information

I189Sch. 6 para. 2 in force at 31.5.2006 by S.I. 2006/1382, art. 2

Wildlife and Countryside Act 1981 (c. 69)E+W

3(1)Amend section 20 (summary prosecutions) as follows.E+W

(2)In subsection (2), for “Summary proceedings for an offence under this Part” substitute “ Proceedings for a summary offence under this Part ”.

(3)In the heading, for “Summary prosecutions” substitute “ Proceedings for summary offences ”.

Commencement Information

I190Sch. 6 para. 3 in force at 31.5.2006 by S.I. 2006/1382, art. 2

4After section 51 insert—

51ASummary prosecutions

(1)Proceedings in England and Wales for a summary offence under this Part may be brought within the period of 6 months beginning with the date on which evidence sufficient in the opinion of the prosecutor to warrant the proceedings came to his knowledge.

(2)But subsection (1) does not authorise the commencement of proceedings for an offence more than 2 years after the date on which the offence was committed.

(3)For the purposes of this section, a certificate signed by or on behalf of the prosecutor and stating the date on which evidence sufficient in his opinion to warrant the proceedings came to his knowledge shall be conclusive evidence of that fact.

(4)A certificate stating that matter and purporting to be so signed shall be deemed to be so signed unless the contrary is proved.

Commencement Information

I191Sch. 6 para. 4 in force at 31.5.2006 by S.I. 2006/1382, art. 2

Deer Act 1991 (c. 54)E+W

5In section 9 (penalties for offences relating to deer), after subsection (2) insert—

(3)Proceedings for an offence under this Act may be brought within the period of 6 months beginning with the date on which evidence sufficient in the opinion of the prosecutor to warrant the proceedings came to his knowledge.

(4)But subsection (3) does not authorise the commencement of proceedings for an offence more than 2 years after the date on which the offence was committed.

(5)For the purposes of subsection (3), a certificate signed by or on behalf of the prosecutor and stating the date on which evidence sufficient in his opinion to warrant the proceedings came to his knowledge shall be conclusive evidence of that fact.

(6)A certificate stating that matter and purporting to be so signed shall be deemed to be so signed unless the contrary is proved.

Commencement Information

I192Sch. 6 para. 5 in force at 31.5.2006 by S.I. 2006/1382, art. 2

Protection of Badgers Act 1992 (c. 51)E+W

6After section 12 insert—

12ZATime limit for bringing summary proceedings (England and Wales)

(1)Proceedings in England and Wales for a summary offence under this Act may be brought within the period of 6 months beginning with the date on which evidence sufficient in the opinion of the prosecutor to warrant the proceedings came to his knowledge.

(2)But subsection (1) does not authorise the commencement of proceedings for an offence more than 2 years after the date on which the offence was committed.

(3)For the purposes of this section, a certificate signed by or on behalf of the prosecutor and stating the date on which evidence sufficient in his opinion to warrant the proceedings came to his knowledge shall be conclusive evidence of that fact.

(4)A certificate stating that matter and purporting to be so signed shall be deemed to be so signed unless the contrary is proved.

Commencement Information

I193Sch. 6 para. 6 in force at 31.5.2006 by S.I. 2006/1382, art. 2

Section 80

SCHEDULE 7E+WDesignated bodies

1A conservation board for an area of outstanding natural beauty in England.

Commencement Information

I194Sch. 7 para. 1 in force at 31.5.2006 by S.I. 2006/1382, art. 2

[F451AAn inshore fisheries and conservation authority for a district established under section 149 of the Marine and Coastal Access Act 2009.]

2A joint committee of two or more local authorities which is discharging, in relation to an area of outstanding natural beauty, functions of those authorities under sections 89 and 90 of the Countryside and Rights of Way Act 2000 (c. 37).

Commencement Information

I195Sch. 7 para. 2 in force at 31.5.2006 by S.I. 2006/1382, art. 2

3A local authority (as defined by section 86).

Commencement Information

I196Sch. 7 para. 3 in force at 31.5.2006 by S.I. 2006/1382, art. 2

4A National Park authority established for a National Park in England.

Commencement Information

I197Sch. 7 para. 4 in force at 31.5.2006 by S.I. 2006/1382, art. 2

5The Board of Trustees of the Royal Botanic Gardens, Kew.

Commencement Information

I198Sch. 7 para. 5 in force at 31.5.2006 by S.I. 2006/1382, art. 2

6The British Potato Council.

Commencement Information

I199Sch. 7 para. 6 in force at 31.5.2006 by S.I. 2006/1382, art. 2

7[F46Canal & River Trust].

Textual Amendments

Commencement Information

I200Sch. 7 para. 7 in force at 31.5.2006 by S.I. 2006/1382, art. 2

8The Broads Authority.

Commencement Information

I201Sch. 7 para. 8 in force at 31.5.2006 by S.I. 2006/1382, art. 2

9The Commission for Rural Communities.

Commencement Information

I202Sch. 7 para. 9 in force at 31.5.2006 by S.I. 2006/1382, art. 2

10The Environment Agency.

Commencement Information

I203Sch. 7 para. 10 in force at 31.5.2006 by S.I. 2006/1382, art. 2

F4711. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I204Sch. 7 para. 11 in force at 31.5.2006 by S.I. 2006/1382, art. 2

12The Forestry Commissioners.

Commencement Information

I205Sch. 7 para. 12 in force at 31.5.2006 by S.I. 2006/1382, art. 2

13The [F48Gangmasters and Labour Abuse Authority].

Textual Amendments

Commencement Information

I206Sch. 7 para. 13 in force at 31.5.2006 by S.I. 2006/1382, art. 2

14The Historic Buildings and Monuments Commission for England.

Commencement Information

I207Sch. 7 para. 14 in force at 31.5.2006 by S.I. 2006/1382, art. 2

15The Home-Grown Cereals Authority.

Commencement Information

I208Sch. 7 para. 15 in force at 31.5.2006 by S.I. 2006/1382, art. 2

16The Horticultural Development Council.

Commencement Information

I209Sch. 7 para. 16 in force at 31.5.2006 by S.I. 2006/1382, art. 2

17The Meat and Livestock Commission.

Commencement Information

I210Sch. 7 para. 17 in force at 31.5.2006 by S.I. 2006/1382, art. 2

18The Milk Development Council.

Commencement Information

I211Sch. 7 para. 18 in force at 31.5.2006 by S.I. 2006/1382, art. 2

19The National Forest Company.

Commencement Information

I212Sch. 7 para. 19 in force at 31.5.2006 by S.I. 2006/1382, art. 2

20Natural England.

Commencement Information

I213Sch. 7 para. 20 in force at 31.5.2006 by S.I. 2006/1382, art. 2

21The Seafish Industry Authority.

Commencement Information

I214Sch. 7 para. 21 in force at 31.5.2006 by S.I. 2006/1382, art. 2

22The Wine Standards Board.

Commencement Information

I215Sch. 7 para. 22 in force at 31.5.2006 by S.I. 2006/1382, art. 2

Section 87

SCHEDULE 8U.K.Agricultural etc. boards

StatusU.K.

1A board is (by virtue of this Schedule) a body corporate.

Commencement Information

I216Sch. 8 para. 1 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

2A board is not to be regarded—

(a)as a servant or agent of the Crown, or

(b)as enjoying any status, privilege of immunity of the Crown,

and the board's property is not to be regarded as property of, or held on behalf of, the Crown.

Commencement Information

I217Sch. 8 para. 2 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

MembershipU.K.

3A board is to consist of—

(a)a chairman appointed by the appropriate authority, and

(b)such other number of members as the appropriate authority may appoint.

Commencement Information

I218Sch. 8 para. 3 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

4The appropriate authority may appoint one of the members to be deputy chairman.

Commencement Information

I219Sch. 8 para. 4 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

5A section 87 order may include provision as to qualification or disqualification for membership.

Commencement Information

I220Sch. 8 para. 5 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

Term of officeU.K.

6A section 87 order may include provision as to—

(a)the members' term of office, and

(b)their removal from office.

Commencement Information

I221Sch. 8 para. 6 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

Remuneration and pensionsU.K.

7A section 87 order may include provision—

(a)as to the payment to the members of remuneration and allowances, and

(b)as to the payment of pensions, gratuities or allowances to or in respect of the members.

Commencement Information

I222Sch. 8 para. 7 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

StaffU.K.

8A section 87 order may include provision as to the appointment of employees, their remuneration and other terms of employment.

Commencement Information

I223Sch. 8 para. 8 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

Reports, accounts etc.U.K.

9A section 87 order may include provision requiring the board to prepare and submit reports to persons specified in the order.

Commencement Information

I224Sch. 8 para. 9 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

10A section 87 order must include provision—

(a)requiring the board to prepare and submit accounts to persons specified in the order;

(b)requiring a statement of the accounts to be examined, certified and reported on by the Comptroller and Auditor General.

Commencement Information

I225Sch. 8 para. 10 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

11A section 87 order may include provision requiring any documents of a description specified in the order to be laid before—

(a)each House of Parliament;

(b)the National Assembly for Wales;

(c)the Scottish Parliament;

(d)the Northern Ireland Assembly.

Commencement Information

I226Sch. 8 para. 11 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

Section 89

SCHEDULE 9U.K.Functions which may be assigned to boards

1Promoting or undertaking scientific research.

Commencement Information

I227Sch. 9 para. 1 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

2(1)Promoting or undertaking inquiry—U.K.

(a)as to materials and equipment, and

(b)as to methods of production, management and labour utilisation.

(2)Promoting or undertaking inquiry under sub-paragraph (1) includes promoting or undertaking—

(a)the discovery and development of—

(i)new materials, equipment and methods, and

(ii)improvements in those already in use,

(b)the assessment of the advantages of different alternatives, and

(c)the conduct of experimental establishments and of tests on a commercial scale.

Commencement Information

I228Sch. 9 para. 2 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

3Promoting the production and marketing of standard products.

Commencement Information

I229Sch. 9 para. 3 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

4Promoting the better definition of trade descriptions and consistency in the use of trade descriptions.

Commencement Information

I230Sch. 9 para. 4 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

5Developing, promoting, marketing or operating—

(a)standards relating to the quality of products, or

(b)systems for the classification of products.

Commencement Information

I231Sch. 9 para. 5 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

6Developing, reviewing or operating schemes for the certification of products or of operations connected with production or supply of products.

Commencement Information

I232Sch. 9 para. 6 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

7Undertaking the certification of products, the registration of certification trade marks, and the functions of proprietors of such marks.

Commencement Information

I233Sch. 9 para. 7 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

8Providing or promoting the provision of—

(a)training for persons engaged in or proposing to be engaged in the industry, and

(b)their education in subjects relevant to the industry.

Commencement Information

I234Sch. 9 para. 8 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

9(1)Promoting—U.K.

(a)the adoption of measures for securing safer and better working conditions, and

(b)the provision and improvement of amenities for persons employed.

(2)Promoting or undertaking inquiry as to measures for securing safer and better working conditions.

Commencement Information

I235Sch. 9 para. 9 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

10Promoting or undertaking research into the incidence, prevention and cure of industrial diseases.

Commencement Information

I236Sch. 9 para. 10 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

11Promoting or undertaking arrangements for encouraging the entry of persons into the industry.

Commencement Information

I237Sch. 9 para. 11 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

12Promoting or undertaking research for improving arrangements for marketing and distributing products.

Commencement Information

I238Sch. 9 para. 12 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

13Promoting or undertaking research into matters relating to the consumption or use of goods and services supplied by the industry.

Commencement Information

I239Sch. 9 para. 13 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

14Promoting arrangements—

(a)for co-operative organisations,

(b)for supplying materials and equipment, and

(c)for marketing and distributing products.

Commencement Information

I240Sch. 9 para. 14 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

15Promoting the development of export trade, including promoting or undertaking arrangements for publicity overseas.

Commencement Information

I241Sch. 9 para. 15 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

16Promoting or undertaking arrangements for better acquainting the public in the United Kingdom with the goods and services supplied by the industry and methods of using them.

Commencement Information

I242Sch. 9 para. 16 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

17Promoting or undertaking the collection and formulation of statistics.

Commencement Information

I243Sch. 9 para. 17 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

18Advising on any matters relating to the industry (other than remuneration or conditions of employment) as to which the appropriate authority may request the board to advise, and undertaking inquiry for the purpose of enabling the board to advise on such matters.

Commencement Information

I244Sch. 9 para. 18 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

19Undertaking arrangements for making available information obtained, and for advising, on matters with which the board is concerned in the exercise of any of its functions.

Commencement Information

I245Sch. 9 para. 19 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

Section 90

SCHEDULE 10U.K.Ancillary provisions relating to boards

Acting through subsidiariesU.K.

1(1)A section 87 order may include provision—U.K.

(a)enabling the board to establish subsidiaries, and

(b)enabling or requiring the board to carry out specified functions through subsidiaries.

(2)Subsidiary” means a subsidiary as defined by [F49section 1159 of the Companies Act 2006].

Textual Amendments

Commencement Information

I246Sch. 10 para. 1 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

Registers, returns and other informationU.K.

2(1)A section 87 order may include provision—U.K.

(a)with respect to registration in a register kept by the board of persons carrying on business in a specified industry;

(b)requiring the register to be made available (in accordance with the order) for inspection by the public;

(c)under which any right to inspect the register is subject to the payment of a reasonable fee.

(2)A section 87 order may include provision conferring power on the board to require persons carrying on business in a specified industry to supply to the board returns and other information.

Commencement Information

I247Sch. 10 para. 2 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

Investigative powersU.K.

3(1)A section 87 order may include provision conferring a power of entry on authorised officers for the purpose of enabling them to carry out functions of the board.U.K.

(2)But a section 87 order may not include provision by virtue of sub-paragraph (1) conferring power to enter a dwelling.

(3)A section 87 order may include provision conferring power on authorised officers to require persons of a description specified in the order—

(a)to provide information of a description so specified, or

(b)to produce documents of a description so specified.

(4)Authorised officer”, in relation to a power, means a person authorised to exercise the power by, or on behalf of, the board to which the section 87 order relates.

(5)A section 87 order may include provision—

(a)enabling a board to hold inquiries;

(b)enabling a board to require a person to attend to give evidence;

(c)as to appeals against a requirement imposed by virtue of paragraph (b).

Commencement Information

I248Sch. 10 para. 3 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

Reserve funds etc.U.K.

4(1)A section 87 order may include provision for enabling the board to establish and maintain a reserve fund for the purposes of its functions.U.K.

(2)A section 87 order may also make provision with respect to powers of investment over a reserve fund or any other money of the board which is not immediately required for any other purpose.

(3)A section 87 order may confer on the board—

(a)power to borrow money;

(b)power to charge property.

Commencement Information

I249Sch. 10 para. 4 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

LeviesU.K.

5(1)A section 87 order may include provision—U.K.

(a)for the imposition by the board of charges (“levies”) on such persons as may be specified in the order;

(b)as to limits on the amounts of levies;

(c)for the recovery of levies in such ways and through such channels as may be specified in the order.

(2)But a section 87 order may not include provision by virtue of sub-paragraph (1) except for the purpose of enabling a board—

(a)to meet its expenses in the exercise of its functions;

(b)to meet its administrative expenses;

(c)to further a purpose or the purposes for which it is established;

(d)to establish a reserve fund.

(3)The purpose or purposes for which any levies are imposed must be specified in the section 87 order.

Commencement Information

I250Sch. 10 para. 5 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

Power to charge for servicesU.K.

6A section 87 order may provide that the board (or a subsidiary of the board) may make such charges for any services as appear to the board (or subsidiary) to be reasonable.

Commencement Information

I251Sch. 10 para. 6 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

Incidental powersU.K.

7(1)A section 87 order may include provision enabling the board to do anything that appears to it to be conducive or incidental to the discharge of its functions.U.K.

(2)The order may, in particular, provide that the board may—

(a)enter into agreements;

(b)acquire or dispose of property;

(c)raise funds by means of voluntary contributions;

(d)accept gifts.

(3)The power to make provision falling within sub-paragraph (2)(c) applies whether or not the order also makes provision under paragraph 5 (levies).

Commencement Information

I252Sch. 10 para. 7 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

Approval of appropriate authority, consultation etc.U.K.

8(1)A section 87 order may include provision making the exercise of a specified function or description of functions conferred on the board—U.K.

(a)subject to the approval of the appropriate authority, or

(b)subject to any other conditions.

(2)The provision that may be made by virtue of sub-paragraph (1)(b) includes, in particular—

(a)provision requiring the board to be satisfied, before a levy is—

(i)imposed, or

(ii)terminated,

that the imposition or termination of the levy is desired by a substantial number of the persons who would be or are affected by the levy;

(b)provision requiring ballots to be conducted, in such circumstances as may be specified in the order, for the purpose of ascertaining the views of persons who would be or are affected by a levy;

(c)provision requiring the board to consult a specified person or a description of persons before exercising a specified function or description of functions.

(3)A section 87 order may include provision for the appointment of a Consumers' Committee which the board is required to consult in relation to specified matters.

Commencement Information

I253Sch. 10 para. 8 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

OffencesU.K.

9(1)A section 87 order may create offences in relation to—U.K.

(a)failing to comply with a requirement relating to registration;

(b)obstructing an authorised officer exercising a power of entry;

(c)failing to comply with a requirement to provide information or produce documents;

(d)neglecting or failing to comply with a requirement to attend to give evidence;

(e)providing false or misleading information to a board or an authorised officer.

(2)If a section 87 order creates an offence by virtue of sub-paragraph (1), the order—

(a)must provide for the offence to be triable only summarily, and

(b)may not provide for the offence to be punishable with imprisonment.

(3)A section 87 order—

(a)may make provision enabling proceedings for an offence under the order to be brought within the period of 6 months beginning with the date on which evidence sufficient in the opinion of the prosecutor to warrant the proceedings came to his knowledge, but

(b)may not authorise the commencement of proceedings for such an offence more than 2 years after the date on which the offence was committed.

Commencement Information

I254Sch. 10 para. 9 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

Section 105(1)

SCHEDULE 11U.K.Minor and consequential amendments

Part 1 U.K.General

Destructive Imported Animals Act 1932 (c. 12)U.K.

1(1)Amend section 5 (provisions as to musk rats found at large) as follows.U.K.

(2)In subsection (3) for “any persons employed by, or on behalf of, the department for that purpose” substitute “ any authorised persons ”.

(3)After subsection (3) insert—

(3A)Authorised person” means—

(a)in relation to England and Wales, a person authorised in writing by the appropriate department to exercise powers under subsection (3);

(b)in relation to Scotland, a person employed by or on behalf of the appropriate department for the purposes of subsection (3).

Commencement Information

I255Sch. 11 para. 1 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

Hill Farming Act 1946 (c. 73)U.K.

2Omit section 32 (advisory committees).

Commencement Information

I256Sch. 11 para. 2 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

3In section 34 (power to enter on and inspect land), after subsection (2) insert—

(3)This section applies in relation to land in England as if, for the purposes of an agreement under Chapter 1 of Part 8 of the Natural Environment and Rural Communities Act 2006 (agreements with designated bodies), references to an officer of the appropriate Minister authorised by general or special directions given by him were references to a person authorised by the appropriate Minister by general or special directions given by him.

Commencement Information

I257Sch. 11 para. 3 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

Industrial Organisation and Development Act 1947 (c. 40)U.K.

4In section 5 (restriction on disclosure of information), after subsection (3) insert—

(3A)Subsections (2) and (3) do not apply to disclosure—

(a)by a development council established in relation to an industry whose activities include an agricultural activity;

(b)to, or to an officer of, Natural England;

(c)to, or to an officer of, the Commission for Rural Communities;

(d)to, or to an officer of, the Joint Nature Conservation Committee;

(e)to, or to an officer of, a body specified in Schedule 7 to the Natural Environment and Rural Communities Act 2006;

(f)to, or to an officer of, a board established under Chapter 2 of Part 8 of the 2006Act.

Commencement Information

I258Sch. 11 para. 4 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

5(1)Amend section 9 (levies for certain purposes for industries for which there is no development council) as follows.U.K.

(2)In subsection (1), for “not a development council” substitute “ neither a development council nor a relevant board ”.

(3)After subsection (1) insert—

(1A)Relevant board” means a board established under Chapter 2 of Part 8 of the Natural Environment and Rural Communities Act 2006.

Commencement Information

I259Sch. 11 para. 5 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

National Parks and Access to the Countryside Act 1949 (c. 97)U.K.

F506. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F50Sch. 11 paras. 6-8 omitted (21.5.2016) by virtue of Environment (Wales) Act 2016 (anaw 3), s. 88(2)(a), Sch. 2 para. 9(4)(a)

F507. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F50Sch. 11 paras. 6-8 omitted (21.5.2016) by virtue of Environment (Wales) Act 2016 (anaw 3), s. 88(2)(a), Sch. 2 para. 9(4)(a)

F508. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F50Sch. 11 paras. 6-8 omitted (21.5.2016) by virtue of Environment (Wales) Act 2016 (anaw 3), s. 88(2)(a), Sch. 2 para. 9(4)(a)

F509. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F50Sch. 11 paras. 6-8 omitted (21.5.2016) by virtue of Environment (Wales) Act 2016 (anaw 3), s. 88(2)(a), Sch. 2 para. 9(4)(a)

10In each of the following provisions for “the Agency” substitute “ Natural England ”

(a)section 5(2) and (3);

(b)section 6(1), (3), (4) and (5);

(c)section 7(1), (2), (4) and (6);

(d)section 9(1);

(e)section 51(1), (2), (3) and (4);

(f)section 52(1) and (2);

(g)section 55(1) and (2);

(h)section 65(5) and (5A);

(i)section 85;

(j)section 86(1) and (2);

(k)section 86A;

(l)section 90(4);

(m)section 91(1).

Commencement Information

I260Sch. 11 para. 10 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

11(1)Amend section 6 (general duties of Agency in relation to National Parks) as follows.U.K.

(2)In subsection (1), omit “as soon as may be after the commencement of this Act, and thereafter”.

(3)In subsection (4), omit paragraphs (a) and (c).

(4)In the heading, for “Commission” substitute “ Natural England ”.

Commencement Information

I261Sch. 11 para. 11 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

12For section 15 (meaning of “nature reserve”) substitute—

15Meaning of “nature reserve”

(1)In this Part, “nature reserve” means—

(a)land managed solely for a conservation purpose, or

(b)land managed not only for a conservation purpose but also for a recreational purpose, if the management of the land for the recreational purpose does not compromise its management for the conservation purpose.

(2)Land is managed for a conservation purpose if it is managed for the purpose of—

(a)providing, under suitable conditions and control, special opportunities for the study of, and research into, matters relating to the fauna and flora of Great Britain and the physical conditions in which they live, and for the study of geological and physiographical features of special interest in the area, or

(b)preserving flora, fauna or geological or physiographical features of special interest in the area,

or for both those purposes.

(3)Land is managed for a recreational purpose if it is managed for the purpose of providing opportunities for the enjoyment of nature or for open-air recreation.

Commencement Information

I262Sch. 11 para. 12 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

13(1)Amend section 15A (meaning of “Nature Conservancy Council”) as follows.U.K.

(2)Number the provisions of section 15A as subsection (1).

(3)In subsection (1)—

(a)for “references to “the Nature Conservancy Council” are references” substitute “ references to the appropriate conservation body are references ”, and

(b)in paragraph (a), for “English Nature” substitute “ Natural England ”.

(4)After subsection (1) insert—

(2)In this Part of this Act—

(a)nature reserve agreement” means an agreement under section 7 of the 2006 Act for securing that land which it appears expedient in the national interest should be managed as a nature reserve shall be so managed, and

(b)the 2006 Act” means the Natural Environment and Rural Communities Act 2006.

(5)In the heading for “ “Nature Conservancy Council”” substitute “ appropriate conservation body ”.

Commencement Information

I263Sch. 11 para. 13 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

14(1)Amend section 16 (agreements for management of nature reserves) as follows.E+W+S

(2)In subsection (1), for “the Nature Conservancy Council”—

(a)in the first place where it occurs, substitute “ The Council or Scottish Natural Heritage ”, and

(b)in the second place where it occurs, substitute “ the Council or (as the case may be) Scottish Natural Heritage ”.

(3)In subsection (3)(b) and (c), for “the Nature Conservancy Council” substitute “ the Council or (as the case may be) Scottish Natural Heritage ”.

F51(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)For the heading substitute “ Agreements for management of nature reserves in Scotland and Wales ”.

Textual Amendments

F51Sch. 11 para. 14(4) omitted (21.5.2016) by virtue of Environment (Wales) Act 2016 (anaw 3), s. 88(2)(a), Sch. 2 para. 9(4)(b)

Commencement Information

I264Sch. 11 para. 14 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

15In each of the following provisions for “the Nature Conservancy Council” substitute “ the appropriate conservation body ”

(a)section 17(1) and (2);

(b)section 18(1) and (2);

(c)section 19(1), (2), (3), (4) and (5);

(d)section 20(1), (2)(c) and (3);

(e)section 21(1) and (6);

(f)section 22;

(g)section 103(1);

(h)section 106(1).

Commencement Information

I265Sch. 11 para. 15 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

16In section 17 (compulsory acquisition of land for establishment of nature reserves)—

(a)in subsection (2), for “agreement under the last foregoing section” substitute “ nature reserve agreement or an agreement under section 16 ”, and

(b)in the heading, for “Conservancy” substitute “ conservation body ”.

Commencement Information

I266Sch. 11 para. 16 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

17In section 18 (compulsory acquisition of land for maintenance of nature reserves)—

(a)in subsection (1), for “an agreement under the last but one foregoing section” substitute “ a nature reserve agreement or an agreement under section 16 ”, and

(b)in the heading, for “Conservancy” substitute “ conservation body ”.

Commencement Information

I267Sch. 11 para. 17 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

18In section 19 (declarations as to what are nature reserves), in subsection (1), for “an agreement entered into with them under the foregoing provisions of this Part of this Act” substitute “ a nature reserve agreement or an agreement under section 16 ”.

Commencement Information

I268Sch. 11 para. 18 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

19In section 21 (establishment of nature reserves by local authorities), in subsection (4), for “the Nature Conservancy Council” substitute “ the appropriate conservation body, the Council or Scottish Natural Heritage ”.

Commencement Information

I269Sch. 11 para. 19 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

20In section 50A (application of Part 4 in Wales), in subsection (2), for “the Countryside Agency” substitute “ Natural England ”.

Commencement Information

I270Sch. 11 para. 20 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

21In section 64 (access agreements), omit subsection (5).

Commencement Information

I271Sch. 11 para. 21 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

22In the heading to section 85 (general duty of Commission to advise on questions relating to natural beauty), for “Commission” substitute “ Natural England and the Council ”.

Commencement Information

I272Sch. 11 para. 22 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

23In the heading to section 86 (information services to be provided by Commission), for “Commission” substitute “ Natural England ”.

Commencement Information

I273Sch. 11 para. 23 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

24In section 114 (interpretation), in subsection (1), omit the definition of “the Agency”.

Commencement Information

I274Sch. 11 para. 24 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

25In Schedule 1 (provisions as to making, confirmation, coming into operation and validity of certain instruments), in paragraph 2(5)—

(a)for “the Agency,” in the first place where it occurs, substitute “ Natural England, ”, and

(b)for “the Agency,” in the second place where it occurs, substitute “ Natural England, the ”.

Commencement Information

I275Sch. 11 para. 25 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

Manoeuvres Act 1958 (7 & 8 Eliz. 2 c. 7)U.K.

26In—

(a)section 1 (power to authorise execution of manoeuvres), in subsection (3)(a)(iii), and

(b)section 4 (manoeuvres commissions), in subsection (1)(d),

for “the Countryside Agency” substitute “ Natural England ”.

Commencement Information

I276Sch. 11 para. 26 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

Agricultural Marketing Act 1958 (c. 47)U.K.

27In section 19 (consumers' committees and committees' of investigation), omit subsections (1) to (5) and (9).

Commencement Information

I277Sch. 11 para. 27 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

28(1)Amend section 20 (directions by Ministers to boards as respects certain matters) as follows.U.K.

(2)In subsection (3), omit the words from “, and if, within” to the end.

(3)Omit subsections (4) and (7).

Commencement Information

I278Sch. 11 para. 28 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

29(1)Amend section 21 (temporary directions by Ministers) as follows.U.K.

(2)In subsection (1), omit—

(a)paragraph (b) and “or” preceding it,

(b)“or, as the case may be, of the report or complaint”, and

(c)“or direction”.

(3)In subsection (2), omit the proviso.

(4)Omit subsection (3).

(5)In subsection (4), for “periods prescribed by subsections (2) and (3)” substitute “ period prescribed by subsection (2) ”.

Commencement Information

I279Sch. 11 para. 29 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

30(1)Amend section 32 (general provisions as to commissions and committees) as follows.U.K.

(2)In subsection (1), omit—

(a)“or committee” (in both places), and

(b)“or appointed”.

(3)In subsections (2) and (3), omit “or committee” (in each place).

(4)Omit subsection (4).

Commencement Information

I280Sch. 11 para. 30 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

31In section 47 (restrictions on disclosing certain information obtained under Act), in subsection (2), omit “, consumers' committee, committee of investigation”.

Commencement Information

I281Sch. 11 para. 31 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

32In section 53 (provisions as to Northern Ireland), in subsection (5)—

(a)omit “consumers' committee and committees of investigation shall operate, and the”,

(b)for “operate and are applicable respectively” substitute “ are applicable ”, and

(c)omit the words from “, but when any such committee” to the end of the subsection.

Commencement Information

I282Sch. 11 para. 32 in force at 1.10.2006 in so far as not already in force by S.I. 2006/2541, art. 2 (with Sch.)

33In Schedule 3 (matters referred to in the definition of “the Minister”), in Parts 2, 5 and 6, omit paragraphs 2 and 3.

Commencement Information

I283Sch. 11 para. 33 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

Public Records Act 1958 (c. 51)U.K.

34(1)In Schedule 1 (definition of public records), amend Part 2 of the table at the end of paragraph 3 as follows.U.K.

(2)Insert at the appropriate places— “ Commission for Rural Communities. ”, and “ Natural England. ”.

(3)Omit the entries relating to English Nature and the Countryside Agency.

Commencement Information

I284Sch. 11 para. 34(1)(2) in force at 2.5.2006 for specified purposes for E.W. by S.I. 2006/1176, art. 4

I285Sch. 11 para. 34(1)(2) in force at 1.10.2006 in so far as not already in force by S.I. 2006/2541, art. 2 (with Sch.)

I286Sch. 11 para. 34(3) in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

Cereals Marketing Act 1965 (c. 14)U.K.

35In section 6 (further non-trading functions of Authority), in subsection (2), omit “(subject to section 17(2) of this Act)”.

Commencement Information

I287Sch. 11 para. 35 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

36In section 17 (offences in relation to scheme under section 16), omit—

(a)subsection (2), and

(b)in subsection (3), paragraph (c) and “or” preceding it.

Commencement Information

I288Sch. 11 para. 36 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

Superannuation Act 1965 (c. 74)U.K.

37In section 39 (meaning of “public office” etc.), in subsection (1), in paragraph 7, omit the entry relating to English Nature.

Commencement Information

I289Sch. 11 para. 37 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

Sea Fisheries Regulation Act 1966 (c. 38)U.K.

F5238. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I290Sch. 11 para. 38 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

Parliamentary Commissioner Act 1967 (c. 13)U.K.

39(1)Amend Schedule 2 (departments and authorities subject to investigation) as follows.U.K.

(2)Insert at the appropriate places— “ Commission for Rural Communities. ”, and “ Natural England. ”

(3)Omit the entries relating to the Countryside Agency and English Nature.

Commencement Information

I291Sch. 11 para. 39(1)(2) in force at 2.5.2006 for specified purposes for E.W. by S.I. 2006/1176, art. 4

I292Sch. 11 para. 39(1)(2) in force at 1.10.2006 in so far as not already in force by S.I. 2006/2541, art. 2 (with Sch.)

I293Sch. 11 para. 39(3) in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

Agriculture Act 1967 (c. 22)U.K.

40Omit section 24 (disclosure of information).

Commencement Information

I294Sch. 11 para. 40 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

Countryside Act 1968 (c. 41)U.K.

F5341. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F53Sch. 11 paras. 41, 42 omitted (21.5.2016) by virtue of Environment (Wales) Act 2016 (anaw 3), s. 88(2)(a), Sch. 2 para. 9(4)(c)

F5342. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F53Sch. 11 paras. 41, 42 omitted (21.5.2016) by virtue of Environment (Wales) Act 2016 (anaw 3), s. 88(2)(a), Sch. 2 para. 9(4)(c)

43(1)Amend section 2 (new functions of the Agency) as follows.E+W

F54(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F54(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)In subsection (5)—

F55(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F55(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)in paragraph (b)—

F56(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii)for “provisions of section 1(2)” substitute “ purposes mentioned in section 1(1) ”.

F57(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)In subsection (9)—

(a)omit “Agency and the” and “Agency or”, and

(b)for “Exchequer grants under the Act of 1949” substitute “ grants under section 16 of the Welsh Development Agency Act 1975 ”.

F58(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F54Sch. 11 para. 43(2)(3) omitted (21.5.2016) by virtue of Environment (Wales) Act 2016 (anaw 3), s. 88(2)(a), Sch. 2 para. 9(4)(d)(i)

F55Sch. 11 para. 43(4)(a)(b) omitted (21.5.2016) by virtue of Environment (Wales) Act 2016 (anaw 3), s. 88(2)(a), Sch. 2 para. 9(4)(d)(ii)

F56Sch. 11 para. 43(4)(c)(i) omitted (21.5.2016) by virtue of Environment (Wales) Act 2016 (anaw 3), s. 88(2)(a), Sch. 2 para. 9(4)(d)(ii)

F57Sch. 11 para. 43(5) omitted (21.5.2016) by virtue of Environment (Wales) Act 2016 (anaw 3), s. 88(2)(a), Sch. 2 para. 9(4)(d)(iii)

F58Sch. 11 para. 43(7) omitted (21.5.2016) by virtue of Environment (Wales) Act 2016 (anaw 3), s. 88(2)(a), Sch. 2 para. 9(4)(d)(iv)

Commencement Information

I295Sch. 11 para. 43 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

F5944. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F59Sch. 11 para. 44 omitted (21.5.2016) by virtue of Environment (Wales) Act 2016 (anaw 3), s. 88(2)(a), Sch. 2 para. 9(4)(e)

45In section 8 (country park: sailing, boating, bathing and fishing), in subsection (5), for “the Agency” substitute “ Natural England ”.

Commencement Information

I296Sch. 11 para. 45 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

46(1)Amend section 12 (facilities in or near National Parks) as follows.U.K.

(2)In subsection (1)—

(a)in the first sentence, omit “, at the request of, and in accordance with terms laid down by, the Agency or, as the case may be, the Council,”, and

(b)omit the second sentence.

(3)In subsection (5), in the first sentence, for “the Agency” substitute “ Natural England ”.

Commencement Information

I297Sch. 11 para. 46 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

47In section 13 (lakes in national parks: control of boats etc.), in subsection (4)—

(a)for “sections 1 and” substitute “ section ”, and

(b)for “the Agency” substitute “ Natural England ”.

Commencement Information

I298Sch. 11 para. 47 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

48(1)Amend section 15 (agreements in respect of areas of special scientific interest) as follows.U.K.

(2)In —

(a)subsection (1), for “the Nature Conservancy Council (in this section referred to as “the Council”)” substitute “ the Council or Scottish Natural Heritage ”, and

(b)in subsections (2) and (3), after “the Council” insert “ or (as the case may be) Scottish Natural Heritage ”.

(3)In subsection (6), in the substituted subsection (4), for “the Council” substitute “ Scottish Natural Heritage ”.

(4)Omit subsection (6A).

Commencement Information

I299Sch. 11 para. 48 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

49(1)Amend section 15A (compulsory purchase) as follows.U.K.

(2)For subsection (1) substitute—

(1)Natural England or the Council may, in the circumstances set out in subsection (2), acquire compulsorily all or part of the land which it appears to that body expedient to acquire for the purpose of conserving flora, fauna, or geological or physiographical features of special interest.

(3)In subsection (2)—

(a)in paragraph (a)—

(i)for “the Nature Conservancy Council” substitute “ Natural England or (as the case may be) the Council ”, and

(ii)for “such an agreement as is referred to in section 15(2)” substitute “ an SSSI agreement ”, and

(b)in paragraph (b), for “such an agreement” substitute “ an SSSI agreement ”.

(4)In subsection (4), for “the Nature Conservancy Council” substitute “ Natural England or the Council ”.

(5)Omit subsection (5).

(6)After subsection (4) insert—

(6)In this section “SSSI agreement” means—

(a)in relation to Natural England, an agreement under section 7 of the 2006 Act imposing, for the purpose of conserving flora, fauna, or geological or physiographical features of special interest, restrictions on the exercise of rights over land by persons having an interest in the land, or

(b)in relation to the Council, such an agreement as is referred to in section 15(2).

Commencement Information

I300Sch. 11 para. 49 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

F6050. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F60Sch. 11 para. 50 omitted (21.5.2016) by virtue of Environment (Wales) Act 2016 (anaw 3), s. 88(2)(a), Sch. 2 para. 9(4)(f)

51In section 37 (protection for interests in countryside) for “the Agency, the Council, English Nature” substitute “ Natural England, the Council ”.

Commencement Information

I301Sch. 11 para. 51 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

52In section 38 (avoidance of pollution), for “the Agency” substitute “ Natural England ”.

Commencement Information

I302Sch. 11 para. 52 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

53(1)Amend section 41 (power to make byelaws and related provisions about wardens) as follows.U.K.

(2)For subsection (2) substitute—

(2)Natural England and the Council may make byelaws for the preservation of order and other purposes mentioned in subsection (1)—

(a)in the case of Natural England, as respects land—

(i)to which the public have rights of access under a management agreement under section 7 of the Natural Environment and Rural Communities Act 2006, or

(ii)held by them for the purposes of an experimental scheme under section 8 of that Act, and

(b)in the case of the Council, as respects land—

(i)held by them for the purposes of section 4, or

(ii)to which the public have access under an agreement under section 4(5)(b).

(3)In subsections (5), (8) and (9), for “the Agency” substitute “ Natural England ”.

Commencement Information

I303Sch. 11 para. 53 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

54In section 45 (agreements with landowners), in subsection (1), omit “the Agency,”.

Commencement Information

I304Sch. 11 para. 54 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

55(1)Amend section 46 (application of general provisions of 1949 Act) as follows.E+W

F61(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)In subsection (4), omit “experimental projects or schemes,”.

Textual Amendments

F61Sch. 11 para. 55(2) omitted (21.5.2016) by virtue of Environment (Wales) Act 2016 (anaw 3), s. 88(2)(a), Sch. 2 para. 9(4)(g)

Commencement Information

I305Sch. 11 para. 55 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

56In section 49 (interpretation), in subsection (2), omit the definition of “the Agency”.

Commencement Information

I306Sch. 11 para. 56 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

Conservation of Seals Act 1970 (c. 30)U.K.

F6257. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F62Sch. 11 para. 57 omitted (21.5.2016) by virtue of Environment (Wales) Act 2016 (anaw 3), s. 88(2)(a), Sch. 2 para. 9(4)(h)

Superannuation Act 1972 (c. 11)U.K.

58(1)Amend Schedule 1 (kinds of employment to which that Act applies) as follows.U.K.

(2)Insert at the appropriate places— “ Commission for Rural Communities. ”, and “ Natural England. ”

(3)Omit the entries relating to the Countryside Agency and English Nature.

Commencement Information

I307Sch. 11 para. 58(1)(2) in force at 2.5.2006 for specified purposes for E.W. by S.I. 2006/1176, art. 4

I308Sch. 11 para. 58(1)(2) in force at 1.10.2006 in so far as not already in force by S.I. 2006/2541, art. 2 (with Sch.)

I309Sch. 11 para. 58(3) in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

Local Government Act 1974 (c. 7)U.K.

F6359. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F63Sch. 11 para. 59 omitted (21.5.2016) by virtue of Environment (Wales) Act 2016 (anaw 3), s. 88(2)(a), Sch. 2 para. 9(4)(i)

House of Commons Disqualification Act 1975 (c. 24)U.K.

60(1)Amend Schedule 1 (offices disqualifying for membership) as follows.U.K.

(2)In Part 2 (bodies of which all members are disqualified), insert at the appropriate places— “ Commission for Rural Communities. ”, and “ Natural England. ”

(3)In Part 3 omit the entries relating to the Countryside Agency and English Nature.

Commencement Information

I310Sch. 11 para. 60(1)(2) in force at 2.5.2006 for specified purposes for E.W. by S.I. 2006/1176, art. 4

I311Sch. 11 para. 60(1)(2) in force at 1.10.2006 in so far as not already in force by S.I. 2006/2541, art. 2 (with Sch.)

I312Sch. 11 para. 60(3) in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

Race Relations Act 1976 (c. 74)U.K.

61 [F64( 1 )Amend Schedule 1A (bodies and other persons subject to general statutory duty) as follows.U.K.

( 2 ) In Part 2, after the entry relating to the Commission for Racial Equality insert— “ Commission for Rural Communities. ”

( 3 ) In that Part, after the entry relating to the Insolvency Rules Committee insert— “ Natural England. ”

( 4 )In that Part, omit the entries relating to English Nature, the Hill Farming Advisory Committee for Scotland and the Hill Farming Advisory Sub-Committee for Wales.

( 5 )In Part 3, omit the entry relating to the Countryside Agency.]

Textual Amendments

F64Sch. 11 para. 61 repealed (E.W.S.) by 2010 c. 15, Sch,. 27 Pt. A (as inserted (4.4.2011)) by The Equality Act 2010 (Public Authorities and Consequential and Supplementary Amendments) Order 2011 (S.I. 2011/1060), arts. 1(2), 3(3)(a), Schs. 3

Commencement Information

I313Sch. 11 para. 61(1)(3) in force at 2.5.2006 for specified purposes for E.W. by S.I. 2006/1176, art. 4

I314Sch. 11 para. 61(1)(3) in force at 1.10.2006 in so far as not already in force by S.I. 2006/2541, art. 2 (with Sch.)

I315Sch. 11 para. 61(2)(4)(5) in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

Import of Live Fish (England and Wales) Act 1980 (c. 27)U.K.

62In section 1 (power to limit the import etc. of fish and fish eggs), in subsection (2) for “English Nature” substitute “ Natural England ”.

Commencement Information

I316Sch. 11 para. 62 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

Highways Act 1980 (c. 66)U.K.

63In section 105B (procedure), in subsection (8), in paragraph (b) of the definition of “the consultation bodies”, for “the Countryside Agency, English Heritage and English Nature” substitute “ Natural England and English Heritage ”.

Commencement Information