Territorial Application: Wales
239.Natural England and the Commission for Rural Communities are both created under Part 1, and given functions in relation to England but not Wales. The Countryside Council for Wales continues in existence and, where it is dealt with in legislative provisions that also mention the (abolished) English Nature or Countryside Agency, consequential amendments preserve its functions. However, the preserved functions are not exactly the same as those of the new Natural England and Commission for Rural Communities.
240.Section 33, which is in Part 2, adjusts slightly the role of the Countryside Council for Wales, by requiring it to have regard to the desirability of contributing to sustainable development for the purposes of its functions under Part 2. The same obligation is placed on the other UK conservation bodies. Under section 58 (read with paragraph 78 of Schedule 11) the Countryside Council for Wales is given the same power as Natural England to put up and maintain notices or signs on sites of special scientific interest. Under section 63 (read with paragraph 89 of Schedule 11) the Countryside Council for Wales is given the same right as Natural England to receive notification of agricultural operations on moor and heath in National Parks.
241.The amendment of the Local Government and Housing Act 1989 made by section 65 will enable Welsh National Park authorities, as well as English ones, to benefit from being able to apply for emergency financial assistance following a natural disaster.
242.The Act affects the National Assembly for Wales. Under sections 44(2)(b) (enforcement powers in connection with pesticides – definition of “inspector”) and 52 (enforcement powers in connection with wildlife) the Assembly is given a new power to authorise inspectors. Sections 50 and 51 both amend the 1981 Act in a way that indirectly confers on the National Assembly for Wales the new functions of prescribing invasive non-native species whose sale etc. may be an offence, and approving and publicising codes of practice regarding invasive non-native species. (This is by virtue of section 103, which ensures that certain new functions inserted in the 1981 Act by the Act are exercisable by the National Assembly in relation to Wales.)
243.Wales is treated differently for the purposes of flexible administrative arrangements under Chapter 1 of Part 8. That Chapter, which enables the Secretary of State and designated bodies to enter into agreements with other designated bodies for the carrying out of Defra functions and Defra-related functions, applies to English functions but not Welsh ones.
244.In Chapter 2 of Part 8, section 87 allows the Secretary of State and the National Assembly for Wales to set up separate boards in relation to agriculture and related industries, and section 101(b) abolishes a defunct Welsh agricultural sub-committee.
245.The National Assembly for Wales has a role in determining commencement dates of the Act’s provisions. By virtue of section 107(4), the Assembly determines the commencement date of Part 6 (rights of way) in relation to Wales, and the Secretary of State must consult the Assembly before commencing various other provisions.