Natural Environment and Rural Communities Act 2006 (c. 16)

SCHEDULES

SCHEDULE 11 U.K. Minor and consequential amendments

Part 1 U.K. General

Valid from 01/10/2006

Countryside Act 1968 (c. 41) U.K.

41 U.K. In the heading preceding section 1, for “Agency” substitute “ Council for Wales ”.

42 U.K. For section 1 (general functions of the Countryside Agency and the Countryside Council for Wales) substitute—

“1 General functions of the Countryside Council for Wales

(1) The purposes for which the Countryside Council for Wales is to exercise the functions conferred on them by this Act are those specified in section 130(2) of the Environmental Protection Act 1990.

(2) The Council may—

(a) make such charges for any of their services as they think fit,

(b) accept any gift or contribution made to them for the purposes of any of their functions, and, subject to the terms of the gift or contribution and to the provisions of the National Parks and Access to the Countryside Act 1949 (in this Act referred to as “the Act of 1949”) and this Act, to apply it for those purposes, and

(c) do all such things as are incidental to, or conducive to the attainment of the purposes of, any of their functions.”

43 (1) Amend section 2 (new functions of the Agency) as follows. U.K.

(2) In subsection (1)—

(a) for “Agency and the Council shall each” substitute “ Council shall ”, and

(b) for “Agency or Council” (in both places) substitute “ Council ”.

(3) In subsections (2) to (4)—

(a) for “Agency and the Council” (in each place) substitute “ Council ”, and

(b) for “Agency or Council” (in each place) substitute “ Council ”.

(4) In subsection (5)—

(a) for “Agency or to the Council” substitute “ Council ”,

(b) for “Agency or, as the case may be, the Council” substitute “ Council ”, and

(c) in paragraph (b)—

(i) for “Agency or Council” (in each place) substitute “ Council ”, and

(ii) for “provisions of section 1(2)” substitute “ purposes mentioned in section 1(1) ”.

(5) In subsections (6) to (8)—

(a) for “Agency and the Council” (in each place) substitute “ Council ”, and

(b) for “Agency or Council” (in each place) substitute “ Council ”.

(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 ”.

(7) In the heading, for “Agency” substitute “ Council ”.

44 (1) Amend section 4 (experimental projects or schemes) as follows. U.K.

(2) In subsection (1)—

(a) for “Agency and the Council” substitute “ Council ”, and

(b) for “Agency or Council” substitute “ Council ”.

(3) In subsection (3) for “Agency or, as the case may be, the Council” substitute “ Council ”.

(4) In subsections (4) to (6) for “Agency or Council” (in each place) substitute “ Council ”.

(5) In subsection (5) for “Agency or by the Council” substitute “ Council ”.

(6) In subsection (6) for “Agency or of the Council” substitute “ Council ”.

45 U.K. In section 8 (country park: sailing, boating, bathing and fishing), in subsection (5), for “the Agency” substitute “ Natural England ”.

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 ”.

47 U.K. In 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 ”.

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).

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).”

50 U.K. In section 23 (provision of facilities by Forestry Commissioners), in subsection (5) omit “Countryside Agency and the” and “each”.

51 U.K. In section 37 (protection for interests in countryside) for “the Agency, the Council, English Nature” substitute “ Natural England, the Council ”.

52 U.K. In section 38 (avoidance of pollution), for “the Agency” substitute “ Natural England ”.

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 ”.

54 U.K. In section 45 (agreements with landowners), in subsection (1), omit “the Agency,”.

55 (1) Amend section 46 (application of general provisions of 1949 Act) as follows. U.K.

(2) In subsection (2), for “references to the Nature Conservancy Council shall include references to the Agency and any reference to the Nature Conservancy Council,” substitute “ the reference to the appropriate conservation body ”.

(3) In subsection (4), omit “experimental projects or schemes,”.

56 U.K. In section 49 (interpretation), in subsection (2), omit the definition of “the Agency”.