Territorial Extent
47.Section 108 deals with extent.
48.Part 1 (Natural England and the Commission for Rural Communities) extends to England and Wales only. But section 1(2) makes it clear that, except where expressly otherwise provided, Natural England’s functions are exercisable only in relation to England. Similarly, the Commission’s general purpose relates to England only.
49.Part 2 (nature conservation in the UK) extends to Scotland and Northern Ireland as well as England and Wales.
50.Part 3 (wildlife etc.), extends to England and Wales only, except that its amendments to the Wildlife and Countryside Act 1981 (including those in Schedule 5) extend also to the territorial waters adjacent to England and Wales, and section 52 and Schedule 6 (wildlife offences: time limits for proceedings) extend to any place to which the enactments amended by Schedule 6 extend.
51.Parts 4 (sites of special scientific interest), 5 (National Parks and the Broads) and 6 (rights of way) extend to England and Wales only.
52.Part 7 (inland waterways) extends to England and Wales, and Scotland.
53.All of Part 8 (flexible administrative arrangements) extends to England and Wales. Chapter 2 (powers to reform agricultural etc. bodies) extends also to Scotland and Northern Ireland. Chapter 3 (financial assistance) extends also to Northern Ireland, but it should be noted that that Part does not confer power to give financial assistance in respect of devolved matters.
54.In Part 9 (miscellaneous), section 98 (byelaws relating to land drainage) extends to England and Wales only and section 99 (abolition of certain agricultural etc. committees) extends to the whole of the United Kingdom.
55.Part 10 (final provisions) extends to England, Wales, Scotland and Northern Ireland as appropriate. Amendments, repeals and revocations in Schedules 11 and 12 have the same extent as the provision to which they relate, or as provided in the Schedules.
