Natural Environment and Rural Communities Act 2006 Explanatory Notes

Commencement Date

246.Most substantive provisions of the Act are to come into force by commencement orders. The only exceptions are for sections 59 (criteria for designating national parks) and 99 (natural beauty in the countryside), which both come into force on a date two months after Royal Assent.

247.These commencement orders will be made by the Secretary of State, except that the National Assembly for Wales will make the order for the commencement of Part 6 (rights of way) in relation to Wales. An order may make different provision for different purposes or different areas.

248.Part 2 (nature conservation in the UK), Chapter 2 of Part 8 (flexible administrative arrangements: power to dissolve existing levy bodies and boards) and section 101 (abolition of certain agricultural etc. committees) extend to Scotland and Northern Ireland, so the Secretary of State must consult with the Scottish Ministers and the relevant Northern Ireland Department before commencing their provisions.

249.Part 7 (inland waterways) also extends to Scotland, so the Secretary of State must consult the Scottish Ministers before commencing its provisions. The same is true of section 105 and Schedules 11 and 12 (minor and consequential amendments etc.) so far as they relate to an Act of the Scottish Parliament.

250.So far as section 105 and Schedules 11 and 12 relate to a provision which extends to Northern Ireland only, the Secretary of State must consult with the relevant Northern Ireland Department before commencing their provisions.

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