Search Legislation

Natural Environment and Rural Communities Act 2006

What Version

 Help about what version

Advanced Features

 Help about advanced features

Changes to legislation:

There are currently no known outstanding effects for the Natural Environment and Rural Communities Act 2006, Part 5 . Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

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Schedule 1, in paragraph 2, after sub-paragraph (2) (local inquiries to be held where objection by local authority not withdrawn) insert—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

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I1S. 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 ”.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I2S. 61(1) in force at 1.10.2006 for specified purposes by S.I. 2006/2541, art. 2 (with Sch.)

I3S. 61(1) in force at 10.5.2007 in so far as not already in force by S.I. 2007/816, art. 3

I4S. 61(2)-(5) in force at 10.5.2007 by S.I. 2007/816, art. 3

I5S. 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,”.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I6S. 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”.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I7S. 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.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I8S. 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).

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I9S. 65 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources