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The Development Commission (Transfer of Functions and Miscellaneous Provisions) Order 1999

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Article 3

SCHEDULE 1CONSEQUENTIAL AMENDMENT OF ENACTMENTS

1.  (1)  The National Parks and Access to the Countryside Act 1949(1) shall be amended as follows.

(2) In section 1(1)(2) (Countryside Commission and Countryside Council for Wales) for the words “Countryside Commission” there shall be substituted the words “Countryside Agency”.

(3) In section 4A(2)(3) (application in Wales) for the words “Countryside Commission” there shall be substituted the words “Countryside Agency”.

(4) In section 50A(2)(4) (application in Wales) for the words “Countryside Commission” there shall be substituted the words “Countryside Agency”.

(5) For the words “the Commission” wherever they appear there shall be substituted the words “the Agency”.

2.  In Part II of the Table in Schedule 1 to the Public Records Act 1958(5) (other establishments and organisations) for the words “National Parks Commission” there shall be substituted the words “Countryside Agency”.

3.  In Schedule 2 to the Parliamentary Commissioner Act 1967(6) (Departments etc subject to investigation) for the words “Countryside Commission” there shall be substituted the words “Countryside Agency”.

4.  (1)  The Countryside Act 1968(7) shall be amended as follows.

(2) In section 1(1)(8) (general functions) for the words “Countryside Commission” there shall be substituted the words “Countryside Agency”.

(3) In section 1A(9) for the words “Countryside Commission” there shall be substituted the words “Countryside Agency”.

(4) In section 49(2) (interpretation) for the words ““the Commission” means the Countryside Commission”(10) there shall be substituted the words ““the Agency” means the Countryside Agency”.

(5) For the word “Commission” wherever it appears there shall be substituted the word “Agency”.

5.  In Schedule 1 to the Superannuation Act 1972(11) (kinds of employment referred to in section 1) for the words “Countryside Commission” there shall be substituted the words “Countryside Agency”.

6.  (1)  The Local Government Act 1974(12) shall be amended as follows.

(2) In section 7(3) (supplementary aggregate grants) for the words “Countryside Commission” there shall be substituted the words “Countryside Agency”.

(3) In section 9(13) (grants and loans by the Countryside Commission) for the words “Countryside Commission” wherever they appear there shall be substituted the words “Countryside Agency” and for the words “the Commission” wherever they appear there shall be substituted the words “the Agency”.

7.  In Part III of Schedule 1 to the House of Commons Disqualification Act 1975(14) (other disqualifying offices) for the words “Countryside Commission” there shall be substituted the words “Countryside Agency”.

8.  (1)  The Highways Act 1980(15) shall be amended as follows.

(2) In section 105A(6)(16) (environmental assessment) for the words “Countryside Commission” there shall be substituted the words “Countryside Agency”.

(3) In section 120(2) (extinguishment and diversion orders) for the words “Countryside Commission” there shall be substituted the words “Countryside Agency”.

9.  (1)  The Wildlife and Countryside Act 1981(17) shall be amended as follows.

(2) In section 34 (limestone pavement orders) for the words “the Commission” wherever they appear there shall be substituted the words “the Agency” and in subsection (6) for the words “Countryside Commission” there shall be substituted the words “Countryside Agency”.

(3) In section 42(6) (notification of agricultural operations) for the words “Countryside Commission” there shall be substituted the words “Countryside Agency”.

(4) In section 43(1B)(18) (maps of National Parks showing certain areas of moor and heath) for the words “Countryside Commission” there shall be substituted the words “Countryside Agency”.

(5) In section 43(1C)(18) for the word “Commission” there shall be substituted the word “Agency”.

(6) In section 45(1)(19) (power to vary orders designating National Park) for the words “Countryside Commission” whenever they appear there shall be substituted the words “Countryside Agency”.

(7) In section 45(2)(20) for the words “Countryside Commission” there shall be substituted the words “Countryside Agency”.

(8) In section 47 (provisions with respect to the Countryside Commission) for the words “Countryside Commission” wherever they appear there shall be substituted the words “Countryside Agency”.

(9) In section 49 (extension of power to appoint wardens) for the words “Countryside Commission” wherever they appear there shall be substituted the words “Countryside Agency”.

10.  In section 22 of the Road Traffic Regulation Act 1984(21) (traffic regulation for special areas in the countryside) for the words “Countryside Commission” wherever they appear there shall be substituted the words “Countryside Agency”.

11.  In section 18(2) of the Agriculture Act 1986(22) (designation and management of environmentally sensitive areas) for the words “Countryside Commission” there shall be substituted the words “Countryside Agency”.

12.  In paragraph 17 of Schedule 3 to the Channel Tunnel Act 1987(23) (planning permission) for the words “Countryside Commission” there shall be substituted the words “Countryside Agency”.

13.  In paragraph 2 of Schedule 9 to the Electricity Act 1989(24) (preservation of amenity and fisheries) for the words “Countryside Commission” there shall be substituted the words “Countryside Agency”.

14.  (1)  The Environmental Protection Act 1990(25) shall be amended as follows.

(2) In section 130(4) (countryside functions of Welsh Council) for the words “Countryside Commission” there shall be substituted the words “Countryside Agency”.

(3) In section 136 (transfer to Welsh Council) for the words “Countryside Commission” and “Commission” wherever they appear there shall be substituted the words “Countryside Agency”.

(4) In section 137(3) (employment by new Councils of staff of existing bodies) for the words “Countryside Commission” there shall be substituted the words “Countryside Agency” and for the words “the Commission” there shall be substituted the words “the Agency”.

(5) In paragraph 2 of Schedule 7 (the Joint Nature Conservation Committee) for the words “Countryside Commission” there shall be substituted the words “Countryside Agency”.

15.  (1)  The Water Industry Act 1991(26) shall be amended as follows.

(2) In section 5(4) (codes of practice) for the words “Countryside Commission” there shall be substituted the words “Countryside Agency”.

(3) In section 156 (restriction on disposals of land) for the words “Countryside Commission” wherever they appear there shall be substituted the words “Countryside Agency”.

16.  In section 61E of the Land Drainage Act 1991(27) (codes of practice) for the words “Countryside Commission” there shall be substituted the words “Countryside Agency”.

17.  (1)  The Environment Act 1995(28) shall be amended as follows.

(2) In section 9 (codes of practice) for the words “Countryside Commission” there shall be substituted the words “Countryside Agency”.

(3) In section 66(7) (National Park management plans) for the words “Countryside Commission” there shall be substituted the words “Countryside Agency”.

(4) In section 72(2) (National Park grant) for the words “Countryside Commission” there shall be substituted the words “Countryside Agency”.

(5) In section 99(2) (consultation) for the words “Countryside Commission” there shall be substituted the words “Countryside Agency”.

(6) In Schedule 7 (National Park authorities) for the words “Countryside Commission” wherever they appear there shall be substituted the words “Countryside Agency”.

18.  (1)  The Channel Tunnel Rail Link Act 1996(29) shall be amended as follows.

(2) In Part IV of Schedule 6 (supplementary) for the words “Countryside Commission” there shall be substituted the words “Countryside Agency”.

(3) In Schedule 14 (overhead lines: consent) for the words “Countryside Commission” there shall be substituted the words “Countryside Agency”.

Articles 7 and 8

SCHEDULE 2THE DEVELOPMENT COMMISSION: TRANSFER SCHEMES

Definition

1.  In this Schedule, “transfer scheme” means a scheme under article 7 of this Order.

Making and approval of transfer scheme

2.  (1)  The Development Commission shall submit any transfer scheme to the Secretary of State for his approval before such date as he may direct.

(2) A transfer scheme shall not take effect unless approved by the Secretary of State.

(3) The Secretary of State may approve a transfer scheme submitted to him by the Development Commission either with or without modifications.

3.  (1)  The Secretary of State may make a transfer scheme himself if–

(a)he decides not to approve (with or without modifications) a scheme submitted to him before the date specified in relation to it under paragraph 2(1), or

(b)no scheme is submitted to him for approval before that date.

(2) Nothing in sub-paragraph (1) shall prevent the Secretary of State from approving a scheme submitted to him after the date specified in relation to it under paragraph 2(1).

(3) A scheme made by the Secretary of State under sub-paragraph (1) shall be treated for all purposes as having been made by the Development Commission and approved by him.

Contents of scheme

4.  (1)  The property, rights and liabilities which may be transferred by a transfer scheme include property, rights and liabilities that would not otherwise be capable of being transferred or assigned.

(2) The transfers authorised by sub-paragraph (1) include transfers which are to take effect as if there were no such contravention, liability or interference with any interest or right as there would otherwise be by reason of any provision having effect (whether under any enactment or agreement or otherwise) in relation to the terms on which the transferor is entitled to the property or right, or subject to the liability, in question.

5.  A transfer scheme may define the property, rights and liabilities to be transferred to the Countryside Agency by specifying or describing them or by referring to all the property, rights and liabilities comprised in a specified part of the undertaking of the Development Commission (or partly in one way and partly in the other).

6.  A transfer scheme may also contain provision–

(a)for the creation, in relation to property which the scheme transfers, of an interest in or right over the property in favour of the Development Commission;

(b)for the creation in favour of the Countryside Agency of an interest in or right over property retained by the Development Commission;

(c)for the creation in favour of another public body of an interest in or right over property which the scheme transfers to the Countryside Agency;

(d)for the creation of any rights or liabilities as between the Countryside Agency and a regional development agency, or as between the Countryside Agency and the Development Commission;

(e)for any rights or liabilities specified or described in the scheme to be, or to be to any extent, enforceable by or against the Countryside Agency, a regional development agency or the Development Commission;

(f)for imposing on the Countryside Agency and a regional development agency, or on the Countryside Agency and the Development Commission, an obligation to enter into written agreements with, or execute other instruments in favour of, each other.

7.  A transfer scheme may make such supplemental, incidental and consequential provision as the Development Commission considers appropriate.

Effect of scheme

8.  (1)  On the date appointed by a transfer scheme, the property, rights and liabilities which are the subject of the scheme shall, by virtue of this paragraph, be transferred in accordance with the provisions of the scheme.

(2) In respect of property, rights and liabilities transferred in accordance with a transfer scheme–

(a)anything which, immediately before the date appointed by that scheme for the transfer, is in the process of being done by or in relation to the Development Commission may be continued by or in relation to the Countryside Agency as if it had been done by or in relation to that Agency; and

(b)anything done by or in relation to the Development Commission before the date appointed by that scheme for the transfer shall, so far as is required for continuing its effect on or after that date, have effect as if done by or in relation to the Countryside Agency.

Effect of transfer by scheme of contracts of employment

9.  (1)  This paragraph applies where rights and liabilities under a contract of employment are transferred by a transfer scheme.

(2) For the purposes of Part XI of the Employment Rights Act 1996(30) (redundancy payments etc), the employee shall not be regarded as having been dismissed by virtue of the transfer.

(3) For the purposes of that Act, the employee’s period of employment with the Development Commission shall count as a period of employment with the Countryside Agency, and the change of employment shall not break the continuity of the period of employment.

Modification of scheme

10.  (1)  If at any time after a transfer scheme has come into force the Secretary of State considers it appropriate to do so, having consulted the Countryside Agency and, where practicable, the Development Commission, he may direct that the scheme shall for all purposes be deemed to have come into force with such modifications, other than modifications relating to the transfer of rights and liabilities under a contract of employment, as may be specified in the direction.

(2) A direction under sub-paragraph (1) may make, with effect from the coming into force of the scheme, such provision as could have been made by the scheme, and in connection with giving effect to that provision from that time may contain such supplemental, consequential and transitional provision as the Secretary of State considers appropriate.

Provision of information to Secretary of State

11.  The Development Commission, the Countryside Agency and any regional development agency shall provide the Secretary of State with all such information and other assistance as he may reasonably require for the purposes of or in connection with the exercise of any of the powers conferred on him by this Schedule.

(2)

Section 1 was substituted by the Environmental Protection Act 1990 (c. 43), section 130 and Schedule 8, paragraph 1(2).

(3)

Section 4A was inserted by the Environmental Protection Act 1990, section 130 and Schedule 8, paragraph 1(4).

(4)

Section 50A was inserted by the Environmental Protection Act 1990, section 130 and Schedule 8, paragraph 1(6).

(8)

Section 1(1) was substituted by the Environmental Protection Act 1990, section 130 and Schedule 8, paragraph 2(2).

(9)

Section 1A was inserted by the Environmental Protection Act 1990, section 130 and Schedule 8, paragraph 2(2).

(10)

These words were inserted by the Environmental Protection Act 1990, section 130 and Schedule 8, paragraph 2(13).

(11)

1972 c. 11; the reference to the Countryside Commission was inserted by the Wildlife and Countryside Act 1981 (c. 69), Schedule 13, paragraph 10(1).

(12)

1974 c. 7.

(13)

Section 9 was amended by the Environmental Protection Act 1990, section 130 and Schedule 8, paragraph 4.

(16)

Section 105A was inserted by the Highways (Assessment of Environmental Effects) Regulations 1988, S.I. 1988/1241, regulation 2.

(18)

Section 43(1B) and (1C) was inserted by the Wildlife and Countryside (Amendment) Act 1985 (c. 31), section 3.

(19)

Section 45(1) was so numbered by the Environmental Protection Act 1990, section 130 and Schedule 8 paragraph 6(4).

(20)

Section 45(2) was inserted by the Environmental Protection Act 1990, section 130 and Schedule 8, paragraph 6(4).

(21)

1984 c. 27; section 22(3) was substituted by the New Roads and Street Works Act 1991 (c. 22), Schedule 8, paragraph 34(2).

(27)

1991 c. 59; section 61E was inserted by the Land Drainage Act 1994 (c. 25), section 1.

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