SCHEDULES

Section 1

SCHEDULE 1Natural England

Status

1Natural England is to be a body corporate.

2Subject to paragraph 22 (nature reserves), Natural England is not to be regarded—

(a)as a servant or agent of the Crown, or

(b)as enjoying any status, privilege or immunity of the Crown,

and Natural England’s property is not to be regarded as property of, or held on behalf of, the Crown.

Membership

3(1)Natural England is to consist of—

(a)a chairman appointed by the Secretary of State, and

(b)not less than 8 nor more than 15 other members appointed by the Secretary of State.

(2)The Secretary of State must consult the chairman before appointing the other members.

(3)In appointing a person to be a member, the Secretary of State must have regard to the desirability of appointing a person who has experience of, and has shown some capacity in, some matter relevant to the exercise of Natural England’s functions.

(4)The Secretary of State may by order amend sub-paragraph (1)(b) so as to substitute a different number for a number specified there.

(5)The power to make an order under sub-paragraph (4) is exercisable by statutory instrument.

(6)A statutory instrument containing such an order is subject to annulment in pursuance of a resolution of either House of Parliament.

4The Secretary of State may appoint one of the members to be deputy chairman.

Term of office

5Subject to paragraphs 6 to 8, a member holds and vacates office in accordance with the terms of his appointment.

6A member may resign by giving written notice to the Secretary of State.

7The Secretary of State may remove a member who—

(a)has been absent from meetings of Natural England for a period longer than 6 months without the permission of Natural England,

(b)has become bankrupt or has made an arrangement with his creditors or has had his estate sequestrated in Scotland, or

(c)in the opinion of the Secretary of State is otherwise unable or unfit to carry out his duties.

8A person ceases to be chairman or deputy chairman if he—

(a)resigns that office by giving written notice to the Secretary of State, or

(b)ceases to be a member.

9A person who—

(a)ceases to be a member, or

(b)ceases to be chairman or deputy chairman,

is eligible for reappointment to that office.

Remuneration and pensions etc.

10Natural England may pay to the members such remuneration and allowances as the Secretary of State may determine.

11If required to do so by the Secretary of State, Natural England must—

(a)pay such pensions, gratuities or allowances to or in respect of any member as the Secretary of State may determine;

(b)pay such sums as the Secretary of State may determine towards provision for the payment of pensions, gratuities or allowances to or in respect of any member.

12(1)This paragraph applies if—

(a)a person ceases to be a member, and

(b)it appears to the Secretary of State that there are special circumstances which make it appropriate for the person to receive compensation.

(2)The Secretary of State may require Natural England to pay the person such amount as the Secretary of State may determine.

Staff

13(1)Natural England must appoint a person to be chief executive, but may only appoint a person who has been approved by the Secretary of State.

(2)The chief executive is an employee of Natural England.

(3)The Secretary of State may appoint the first chief executive.

14Natural England may appoint other employees.

15If required to do so by the Secretary of State, Natural England must—

(a)pay such pensions, gratuities or allowances to or in respect of any employee as the Secretary of State may determine;

(b)pay such sums as the Secretary of State may determine towards provision for the payment of pensions, gratuities or allowances to or in respect of any employee.

16(1)Employment with Natural England is to be included among the kinds of employment to which a scheme under section 1 of the Superannuation Act 1972 (c. 11) can apply.

(2)Natural England must pay to the Minister for the Civil Service, at such times as he may direct, such sums as he may determine in respect of any increase attributable to sub-paragraph (1) in the sums payable out of money provided by Parliament under that Act.

Procedure

17Natural England may determine its own procedure (including quorum).

18No proceeding is invalidated by—

(a)a vacancy in the office of chairman, or

(b)any defect in the appointment of any member.

Discharge of functions

19(1)Natural England may authorise a committee, sub-committee, member or employee of Natural England to exercise any of Natural England’s functions.

(2)Sub-paragraph (1) does not prevent Natural England from exercising the function itself or affect the power of Natural England to authorise an employee to carry out functions of Natural England.

Membership of committees and sub-committees

20(1)A committee or sub-committee may include persons who are not members of Natural England.

(2)Natural England may pay such remuneration and allowances as the Secretary of State may determine to any person who—

(a)is a member of a committee or sub-committee, but

(b)is not a member or employee of Natural England.

Application of seal and proof of documents

21(1)The application of Natural England’s seal must be authenticated by the signature of—

(a)a member of Natural England who is authorised (generally or specially) for that purpose, or

(b)an employee who is so authorised.

(2)A document purporting to be duly executed under the seal of Natural England—

(a)is to be received in evidence, and

(b)is to be treated as so executed unless the contrary is shown.

Nature reserves

22(1)This paragraph applies to land in which Natural England has an interest and which is managed as a nature reserve.

(2)For the purposes of the application of any enactment or rule of law to the land Natural England is to be treated as a government department.

(3)An interest in land includes any estate in land and any right over land, whether the right is exercisable by virtue of the ownership of an interest in land or by virtue of a licence or agreement.

Reports, accounts etc.

23(1)For each financial year, Natural England must—

(a)prepare an annual report on how it has discharged its functions during the year, and

(b)send a copy of the report to the Secretary of State within such period as the Secretary of State directs.

(2)In this paragraph and paragraph 24, “financial year” means—

(a)the period beginning with the day on which Natural England is established and ending with the next 31st March, and

(b)each subsequent period of 12 months ending with 31st March.

24(1)Natural England must keep proper accounts and proper records in relation to the accounts.

(2)For each financial year, Natural England must—

(a)prepare a statement of accounts in respect of that financial year, and

(b)send copies of the statement to the Secretary of State and the Comptroller and Auditor General within such period as the Secretary of State directs.

(3)The statement must be in such form as the Secretary of State may direct.

(4)The Comptroller and Auditor General must—

(a)examine, certify and report on the statement, and

(b)send a copy of the certified statement and of his report to the Secretary of State as soon as possible.

25The Secretary of State must lay before each House of Parliament a document consisting of—

(a)a copy of the report sent under paragraph 23(1), and

(b)a copy of the statement and report sent under paragraph 24(4).

26(1)Natural England must provide the Secretary of State with such information as he may require relating to Natural England’s property or to the discharge or proposed discharge of its functions.

(2)Natural England must also—

(a)permit any person authorised by the Secretary of State to inspect and make copies of any accounts or other documents of Natural England, and

(b)provide such explanation of them as that person or the Secretary of State may require.

Section 17

SCHEDULE 2Commission for Rural Communities

Status

1The Commission is to be a body corporate.

2The Commission is not to be regarded—

(a)as a servant or agent of the Crown, or

(b)as enjoying any status, privilege or immunity of the Crown,

and the Commission’s property is not to be regarded as property of, or held on behalf of, the Crown.

Membership

3(1)The Commission is to consist of—

(a)a chairman appointed by the Secretary of State, and

(b)not less than 8 nor more than 15 other members appointed by the Secretary of State.

(2)The Secretary of State must consult the chairman before appointing the other members.

(3)In appointing a person to be a member, the Secretary of State must have regard to the desirability of appointing a person who has experience of, and has shown some capacity in, some matter relevant to the exercise of the Commission’s functions.

(4)The Secretary of State may by order amend sub-paragraph (1)(b) so as to substitute a different number for a number specified there.

(5)The power to make an order under sub-paragraph (4) is exercisable by statutory instrument.

(6)A statutory instrument containing such an order is subject to annulment in pursuance of a resolution of either House of Parliament.

4The Secretary of State may appoint one of the members to be deputy chairman.

Term of office

5Subject to paragraphs 6 to 8, a member holds and vacates office in accordance with the terms of his appointment.

6A member may resign by giving written notice to the Secretary of State.

7The Secretary of State may remove a member who—

(a)has been absent from meetings of the Commission for a period longer than 6 months without the permission of the Commission,

(b)has become bankrupt or has made an arrangement with his creditors or has had his estate sequestrated in Scotland, or

(c)in the opinion of the Secretary of State is otherwise unable or unfit to carry out his duties.

8A person ceases to be chairman or deputy chairman if he—

(a)resigns that office by giving written notice to the Secretary of State, or

(b)ceases to be a member.

9A person who—

(a)ceases to be a member, or

(b)ceases to be chairman or deputy chairman,

is eligible for reappointment to that office.

Remuneration and pensions etc.

10The Commission may pay to the members such remuneration and allowances as the Secretary of State may determine.

11If required to do so by the Secretary of State, the Commission must—

(a)pay such pensions, gratuities or allowances to or in respect of any member as the Secretary of State may determine;

(b)pay such sums as the Secretary of State may determine towards provision for the payment of pensions, gratuities or allowances to or in respect of any member.

12(1)This paragraph applies if—

(a)a person ceases to be a member, and

(b)it appears to the Secretary of State that there are special circumstances which make it appropriate for the person to receive compensation.

(2)The Secretary of State may require the Commission to pay the person such amount as the Secretary of State may determine.

Staff

13(1)The Commission must appoint a person to be chief executive, but may only appoint a person who has been approved by the Secretary of State.

(2)The chief executive is an employee of the Commission.

(3)The Secretary of State may appoint the first chief executive.

14The Commission may appoint other employees.

15If required to do so by the Secretary of State, the Commission must—

(a)pay such pensions, gratuities or allowances to or in respect of any employee as the Secretary of State may determine;

(b)pay such sums as the Secretary of State may determine towards provision for the payment of pensions, gratuities or allowances to or in respect of any employee.

16(1)Employment with the Commission is to be included among the kinds of employment to which a scheme under section 1 of the Superannuation Act 1972 (c. 11) can apply.

(2)The Commission must pay to the Minister for the Civil Service, at such times as he may direct, such sums as he may determine in respect of any increase attributable to sub-paragraph (1) in the sums payable out of money provided by Parliament under that Act.

Procedure

17The Commission may determine its own procedure (including quorum).

18No proceeding is invalidated by—

(a)a vacancy in the office of chairman, or

(b)any defect in the appointment of any member.

Discharge of functions

19(1)The Commission may authorise a committee, sub-committee, member or employee of the Commission to exercise any of the Commission’s functions.

(2)Sub-paragraph (1) does not prevent the Commission from exercising the function itself or affect the power of the Commission to authorise an employee to carry out functions of the Commission.

Membership of committees and sub-committees

20(1)A committee or sub-committee may include persons who are not members of the Commission.

(2)The Commission may pay such remuneration and allowances as the Secretary of State may determine to any person who—

(a)is a member of a committee or sub-committee, but

(b)is not a member or employee of the Commission.

Application of seal and proof of documents

21(1)The application of the Commission’s seal must be authenticated by the signature of—

(a)a member of the Commission who is authorised (generally or specially) for that purpose, or

(b)an employee who is so authorised.

(2)A document purporting to be duly executed under the seal of the Commission—

(a)is to be received in evidence, and

(b)is to be treated as so executed unless the contrary is shown.

Reports, accounts etc.

22(1)For each financial year, the Commission must—

(a)prepare an annual report on how it has discharged its functions during the year, and

(b)send a copy of the report to the Secretary of State within such period as the Secretary of State directs.

(2)In this paragraph and paragraph 23, “financial year” means—

(a)the period beginning with the day on which the Commission is established and ending with the next 31st March, and

(b)each subsequent period of 12 months ending with 31st March.

23(1)The Commission must keep proper accounts and proper records in relation to the accounts.54

(2)For each financial year, the Commission must—

(a)prepare a statement of accounts in respect of that financial year, and

(b)send copies of the statement to the Secretary of State and the Comptroller and Auditor General within such period as the Secretary of State directs.

(3)The statement must be in such form as the Secretary of State may direct.

(4)The Comptroller and Auditor General must—

(a)examine, certify and report on the statement, and

(b)send a copy of the certified statement and of his report to the Secretary of State as soon as possible.

24The Secretary of State must lay before each House of Parliament a document consisting of—

(a)a copy of the report sent under paragraph 22(1), and

(b)a copy of the statement and report sent under paragraph 23(4).

25(1)The Commission must provide the Secretary of State with such information as he may require relating to the Commission’s property or to the discharge or proposed discharge of its functions.

(2)The Commission must also—

(a)permit any person authorised by the Secretary of State to inspect and make copies of any accounts or other documents of the Commission, and

(b)provide such explanation of them as that person or the Secretary of State may require.

Section 28

SCHEDULE 3Transfer schemes

Creation and apportionment of property, rights and liabilities etc.

1A scheme may—

(a)create for the transferor interests in or rights over property transferred by virtue of the scheme;

(b)create for the transferee interests in or rights over property retained by the transferor;

(c)create rights or liabilities between the transferor and the transferee.

2(1)A scheme may provide for the transfer of property, rights or liabilities that would not otherwise be capable of being transferred or assigned.

(2)In particular, it may provide for the transfer to take effect regardless of a contravention, liability or interference with an interest or right that would otherwise exist by reason of a provision having effect in relation to the terms on which the transferor is entitled to the property or right, or subject to the liability, in question.

(3)It does not matter whether the provision referred to in sub-paragraph (2) has effect under an enactment or an agreement or in any other way.

3A certificate by the Secretary of State that anything specified in the certificate has vested in any person by virtue of a scheme is conclusive evidence for all purposes of that fact.

Employment contracts

4(1)This paragraph applies if rights and liabilities under a contract of employment are transferred by virtue of a scheme.

(2)The contract of employment—

(a)is not terminated by the transfer, and

(b)has effect from the transfer date as if made between the employee and the transferee.

(3)The rights, powers, duties and liabilities of the transferor under or in connection with the contract are transferred to the transferee on the transfer date.

(4)Anything done before the transfer date by or in relation to the transferor in respect of the contract or the employee is to be treated from that date as having been done by or in relation to the transferee.

(5)This paragraph is subject to paragraph 5.

5(1)Rights and liabilities under a contract of employment are not transferred under this Schedule if the employee informs the transferor or transferee that he objects to the transfer.

(2)If the employee informs the transferor or transferee that he objects—

(a)his contract of employment is terminated immediately before the transfer date, but

(b)he is not to be treated, for any purpose, as having been dismissed by the transferor.

6Nothing in this Schedule affects any right a person has to terminate his contract of employment if (apart from the change of employer) a substantial change is made to his detriment in his working conditions.

Civil servants treated as employed under a contract of employment etc.

7(1)This Schedule applies with the following modifications in relation to employment in the civil service of the State on terms which do not constitute a contract of employment.

(2)In the case of an individual who holds employment in the civil service of the State immediately before the transfer date—

(a)he is to be treated as employed by virtue of a contract of employment,

(b)the terms of that employment are to be regarded as constituting the terms of that contract, and

(c)the reference in paragraph 5 to dismissal by the transferor is to termination of that employment.

(3)In the case of an individual who is to hold employment in the civil service of the State on and after the transfer date, the terms and conditions of his contract of employment immediately before that date have effect on and after that date as if they were terms and conditions of his employment in the civil service of the State.

Compensation

8A scheme may contain provision for the payment of compensation by the Secretary of State to any person whose interests are adversely affected by it.

Continuity

9A transfer under this Schedule does not affect the validity of anything done by or in relation to the transferor before the transfer takes effect.

10Anything which—

(a)is done by the transferor for the purposes of or otherwise in connection with anything transferred by virtue of a scheme, and

(b)is in effect immediately before the transfer date,

is to be treated as done by the transferee.

11There may be continued by or in relation to the transferee anything (including legal proceedings)—

(a)which relates to anything transferred by virtue of a scheme, and

(b)which is in the process of being done by or in relation to the transferor immediately before the transfer date.

12(1)This paragraph applies to any document—

(a)which relates to anything transferred by virtue of a scheme, and

(b)which is in effect immediately before the transfer date.

(2)Any references in the document to the transferor are to be read as references to the transferee.

Incidental provision

13A scheme may include supplementary, incidental, transitional and consequential provision.

Section 31

SCHEDULE 4Joint Nature Conservation Committee

Membership

1(1)The joint committee is to consist of 14 members—

(a)a chairman appointed by the Secretary of State;

(b)5 members appointed by the Secretary of State;

(c)the chairman or deputy chairman of each of the GB conservation bodies and one other member of each of those bodies appointed by the body in question;

(d)the chairman of the Council for Nature Conservation and the Countryside and one other member of the Council appointed by the relevant Northern Ireland department.

(2)The joint committee may appoint a member to be deputy chairman.

2The members appointed by the Secretary of State must not be members of the UK conservation bodies.

3(1)The members appointed by the Secretary of State must be persons appearing to the Secretary of State to have experience in or scientific knowledge of nature conservation.

(2)Before appointing any members under paragraph 1(1), the Secretary of State must consult the National Assembly for Wales, the Scottish Ministers and the relevant Northern Ireland department.

(3)Before appointing members under paragraph 1(1)(b), the Secretary of State must consult—

(a)the chairman, and

(b)such persons having scientific knowledge of nature conservation as the Secretary of State thinks appropriate.

Term of office of members appointed by Secretary of State

4Subject to paragraphs 5 and 6, a member appointed by the Secretary of State holds and vacates office in accordance with the terms of his appointment.

5A member appointed by the Secretary of State may resign by giving him written notice.

6The Secretary of State may remove a member appointed by him who—

(a)has been absent from meetings of the joint committee for a period longer than 6 months without the permission of the joint committee,

(b)has become bankrupt or made an arrangement with his creditors, or has had his estate sequestrated in Scotland, or

(c)in the opinion of the Secretary of State is otherwise unable or unfit to carry out his duties.

Remuneration and allowances etc.

7The joint committee must pay to the members appointed by the Secretary of State such remuneration and allowances as the Secretary of State may determine.

8If required to do so by the Secretary of State, the joint committee must—

(a)pay such pensions, gratuities or allowances to or in respect of the chairman as the Secretary of State may determine, or

(b)pay such sums as the Secretary of State may determine towards provision for the payment of pensions, gratuities or allowances to or in respect of the chairman.

9(1)This paragraph applies if—

(a)a person ceases to be chairman, and

(b)it appears to the Secretary of State that there are special circumstances which make it appropriate for the person to receive compensation.

(2)The Secretary of State may require the joint committee to pay the person such sum as the Secretary of State may determine.

Staff: general

10The joint committee may, with the approval of the Secretary of State, appoint employees.

11The joint committee must pay to its employees such remuneration and allowances as the joint committee may, with the approval of the Secretary of State, determine.

12The joint committee may—

(a)pay such pensions, gratuities or allowances to or in respect of any employee or former employee,

(b)pay such sums towards provision for the payment of such pensions, allowances or gratuities, or

(c)provide and maintain such schemes (whether contributory or not) for the payment of such pensions, allowances or gratuities,

as it may, with the approval of the Secretary of State, determine.

Formation of company

13(1)With the consent of the Secretary of State, and subject to any conditions he may impose, the joint committee may form a company limited by guarantee the main objects of which fall within sub-paragraph (2).

(2)The objects are—

(a)providing administrative and corporate support services to the joint committee, including the employment of staff, for the purposes of its functions,

(b)making charges and holding land or any interest in or right over land for those purposes, and

(c)doing such other things as are conducive or incidental to the discharge of those functions.

(3)The constitution of any company formed under this paragraph must include provision to ensure that only members of the joint committee are members of the company.

(4)The members of any company formed under this paragraph must ensure that no-one is appointed, or continues to serve, as a director of the company who is not a member of the joint committee, or an employee of the joint committee or of the company.

(5)Sub-paragraphs (2) and (4) do not affect the power of the UK conservation bodies acting through the joint committee to undertake anything mentioned in sub-paragraph (2) by virtue of Part 2.

(6)Where a company is formed under this paragraph the requirements as to the approval of the Secretary of State apply in respect of appointment, payment and pension matters for employees and former employees of the company as they do in respect of employees or former employees of the joint committee under paragraphs 10 to 12.

Funding

14(1)The funding bodies must provide the joint committee with such financial resources as the appropriate authorities consider are needed for the proper discharge of the functions conferred by Part 2.

(2)When determining what financial resources should be provided, the appropriate authorities must take into account—

(a)any grant being made under paragraph 15, and

(b)the views of the joint committee and the funding bodies.

(3)The contributions of each of the funding bodies are to be such as are agreed by the appropriate authorities, having taken into account the views of those bodies.

(4)“The funding bodies” means—

(a)the GB conservation bodies, and

(b)the relevant Northern Ireland department.

15(1)The Secretary of State may make grants to the joint committee of such amounts as the Secretary of State thinks fit.

(2)A grant under this section may be made subject to such conditions as the Secretary of State thinks fit.

Procedure

16(1)The joint committee may determine its own procedure (including quorum).

(2)No proceeding of the joint committee is invalidated by—

(a)a vacancy among the members, or

(b)any defect in the appointment of any member.

Discharge of functions

17(1)The joint committee may authorise any of their functions to be exercised by—

(a)any member of the joint committee,

(b)a company formed under paragraph 13,

(c)any of the UK conservation bodies, or

(d)any employee of the joint committee, of such a company, or of any of those bodies.

(2)Sub-paragraph (1) does not prevent the joint committee from doing anything that another person has been authorised to do.

Annual reports

18(1)As soon as possible after the end of each financial year, the joint committee must—

(a)prepare an annual report on how it has discharged their functions during the year, and

(b)send a copy of the report to the appropriate authorities and the UK conservation bodies.

(2)The Secretary of State must lay a copy of the report before each House of Parliament.

(3)The Scottish Ministers must lay a copy of the report before the Scottish Parliament.

Interpretation

19(1)In this Schedule “the appropriate authorities” means—

(a)the Secretary of State,

(b)the National Assembly for Wales,

(c)the Scottish Ministers, and

(d)the relevant Northern Ireland department.

(2)In this Schedule “financial year” means the period of 12 months ending with 31st March.

Section 52

SCHEDULE 5Enforcement powers in connection with wildlife

Part 1Amendments of the Wildlife and Countryside Act 1981

1After section 18 insert—

“18AWildlife inspectors

(1)In this Part, “wildlife inspector” means a person authorised in writing under this section by—

(a)the Secretary of State (in relation to England), or

(b)the National Assembly for Wales (in relation to Wales).

(2)An authorisation under subsection (1) is subject to any conditions or limitations specified in it.

(3)A wildlife inspector must, if required to do so, produce evidence of his authority before entering any premises under section 18B or 18D.

(4)A wildlife inspector entering premises under either of those sections may take with him a veterinary surgeon if he has reasonable grounds for believing that such a person will be needed for the exercise of powers under section 18C or 18E.

18BGroup 1 offences and licences: power to enter premises

(1)A wildlife inspector may, at any reasonable time, enter and inspect any premises—

(a)for the purpose of ascertaining whether a Group 1 offence is being or has been committed;

(b)for the purpose of—

(i)verifying any statement or representation made, or document or information supplied, by an occupier in connection with an application for, or the holding of, a Group 1 licence, or

(ii)ascertaining whether any condition to which a Group 1 licence was subject has been complied with.

(2)In this Part—

• “Group 1 offence” means an offence under section 1, 5, 9(1), (2) or (4), 11, 13(1) or 14ZA, and

• “Group 1 licence” means a licence authorising anything which would otherwise be a Group 1 offence.

(3)Nothing in this section confers power to enter a dwelling.

18CGroup 1 offences and licences: examining specimens and taking samples

(1)The powers conferred by this section are exercisable where a wildlife inspector has entered any premises for a purpose mentioned in section 18B(1)(a) or (b).

(2)The inspector, or a veterinary surgeon accompanying him, may—

(a)for any such purpose, examine any specimen, and

(b)subject to subsection (5) and section 18F, take a sample from it.

(3)“Specimen” means—

(a)any bird, other animal or plant, or

(b)any part of, or anything derived from, a bird, other animal or plant.

(4)“Sample” means a sample of blood, tissue or other biological material.

(5)No sample may be taken under subsection (2) from a live bird, other animal or plant except for the purpose of establishing its identity or ancestry.

(6)The inspector may require an occupier of the premises to give such assistance as is reasonable in the circumstances for the purpose of—

(a)making an examination under subsection (2)(a), or

(b)taking a sample under subsection (2)(b).

(7)The inspector may take and remove from the premises a specimen which is not a live bird, other animal or plant, if there are reasonable grounds for believing that it is evidence of a Group 1 offence.

18DGroup 2 offences and licences etc.: power to enter premises

(1)A wildlife inspector may, at any reasonable time, enter and inspect any premises—

(a)for the purpose of ascertaining whether an offence under section 6, 9(5) or 13(2) is being, or has been, committed on those premises;

(b)where he has reasonable cause to believe that any birds included in Schedule 4 are kept, for the purpose of ascertaining whether an offence under section 7 is being, or has been, committed on those premises;

(c)for the purpose of ascertaining whether an offence under section 14 is being, or has been, committed on those premises;

(d)for the purpose of—

(i)verifying any statement or representation made, or document or information supplied, by an occupier in connection with an application for, or the holding of, a Group 2 licence or a relevant registration, or

(ii)ascertaining whether any condition to which a Group 2 licence was subject has been complied with.

(2)In this Part—

• “Group 2 offence” means an offence under section 6, 7, 9(5), 13(2) or 14,

• “Group 2 licence” means a licence authorising anything which would otherwise be a Group 2 offence, and

• “relevant registration” means a registration in accordance with regulations under section 7(1).

(3)In subsection (1)—

(a)paragraphs (a) and (b) do not confer power to enter a dwelling except for purposes connected with—

(i)a Group 2 licence or a relevant registration held by an occupier of the dwelling, or

(ii)an application by an occupier of the dwelling for a Group 2 licence or a relevant registration, and

(b)paragraph (c) does not confer any power to enter a dwelling.

18EGroup 2 offences: examining specimens and taking samples

(1)A wildlife inspector may, for the purpose of ascertaining whether a Group 2 offence is being, or has been, committed in respect of any specimen, require any person who has the specimen in his possession or control to make it available for examination by the inspector or a veterinary surgeon.

(2)A wildlife inspector may, for the purpose of ascertaining whether a Group 2 offence is being or has been committed, require the taking of a sample from a specimen found by him in the exercise of powers conferred by section 18D in order to determine its identity or ancestry.

(3)A wildlife inspector may, for the purpose of ascertaining whether a Group 2 offence is being or has been committed in respect of any specimen (“the relevant specimen”), require any person to make available for the taking of a sample any specimen (other than the relevant specimen) in that person’s possession or control which—

(a)is alleged to be, or

(b)which the wildlife inspector suspects with reasonable cause to be,

a specimen a sample from which will tend to establish the identity or ancestry of the relevant specimen.

(4)Where, pursuant to a requirement under this section—

(a)a bird or other animal is to be examined, or

(b)a sample is to be taken from a bird or other animal,

a person who has the bird or animal in his possession or control must give the person making the examination or taking the sample such assistance as he may reasonably require for that purpose.

(5)“Specimen” and “sample” have the same meaning as in section 18C.

(6)This section is subject to section 18F.

18FRestrictions on taking of samples from live specimens

(1)No sample may be taken by virtue of section 18C, 18E or 19XA from a live bird or other animal except by a veterinary surgeon.

(2)No sample may be taken by virtue of section 18C, 18E or 19XA from a live bird, other animal or plant unless the person taking it is satisfied on reasonable grounds that taking the sample will not cause lasting harm to the specimen.”

2(1)Amend section 19 (powers of constables to stop, search, enter etc.) as follows.

(2)In subsection (2)—

(a)after “is committing” insert “or has committed”, and

(b)for “enter any land other than a dwelling-house” substitute “enter any premises other than a dwelling”.

(3)After subsection (2) insert—

“(2A)A constable may, for the purpose of assisting him in exercising the powers conferred by subsection (1)(b) and (d) when he has entered any premises under subsection (2), take with him—

(a)any other person, and

(b)any equipment or materials.”

(4)In subsection (3), omit “(with or without other persons)”.

3After section 19 insert—

“19XAConstables' powers in connection with samples

(1)A constable who suspects with reasonable cause that a specimen found by him in the exercise of powers conferred by this section is one in respect of which an offence under this Part is being or has been committed may require the taking from it of a sample.

(2)A constable who suspects with reasonable cause that an offence under this Part is being or has been committed in respect of any specimen (“the relevant specimen”) may require any person to make available for the taking of a sample any specimen (other than the relevant specimen) in that person’s possession or control which—

(a)is alleged to be, or

(b)the constable suspects with reasonable cause to be,

a specimen a sample from which will tend to establish the identity or ancestry of the relevant specimen.

(3)Where a sample from a live bird or other animal is to be taken pursuant to a requirement under this section, any person who has possession or control of the specimen must give the person taking the sample such assistance as he may reasonably require for that purpose.

(4)“Specimen” and “sample” have the same meaning as in section 18C.

(5)This section is subject to section 18F (restrictions on taking samples).

19XBOffences in connection with enforcement powers

(1)A person is guilty of an offence if he—

(a)intentionally obstructs a wildlife inspector acting in the exercise of powers conferred by section 18B(1) or 18C(2) or (7), or

(b)fails without reasonable excuse to give any assistance reasonably required under section 18C(6).

(2)A person is guilty of an offence if he—

(a)intentionally obstructs a wildlife inspector acting in the exercise of powers conferred by section 18D(1) or 18E(2), or

(b)fails without reasonable excuse to make available any specimen in accordance with a requirement under section 18E(1) or (3), or

(c)fails without reasonable excuse to give any assistance reasonably required under section 18E(4).

(3)A person is guilty of an offence if he—

(a)fails without reasonable excuse to make available any specimen in accordance with a requirement under section 19XA(2), or

(b)fails without reasonable excuse to give any assistance reasonably required under section 19XA(3).

(4)Any person who, with intent to deceive, falsely pretends to be a wildlife inspector is guilty of an offence.”

4Omit sections 19ZA (enforcement: wildlife inspectors) and 19ZB (power to take samples).

5(1)Amend section 21 (penalties etc.) as follows.

(2)Omit subsections (4A) and (4D) (penalties in connection with power of entry and powers in connection with examination of specimens and taking samples).

(3)Before subsection (4B) insert—

“(4AA)Except in a case falling within subsection (4B) a person guilty of an offence under section 19XB(1), (2) or (3) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.”

(4)In subsection (4B) (penalty for obstructing wildlife inspector to ascertain whether section 14 offence is being or has been committed)—

(a)for “subsection (7) of section 19ZA” substitute “section 19XB(1)(a) or (2)(a)”, and

(b)for “acting in the exercise of the power conferred by subsection (3)(c) of that section” substitute “entering premises to ascertain whether an offence under section 14 or 14ZA is being or has been committed”.

(5)In subsection (4C) (penalty for pretending to be wildlife inspector), for “19ZA(8)” substitute “19XB(4)”.

6In section 27 (interpretation of Part 1), in subsection (1), in the definition of “wildlife inspector”, for “section 19ZA(1)” substitute “section 18A(1)”.

Part 2Powers of wildlife inspectors extended to certain other Acts

Introduction

7In this Part “the enforcement provisions of the 1981 Act relating to Group 1 offences and Group 1 licences” means the following provisions of the Wildlife and Countryside Act 1981 (c. 69)—

(a)section 18A (power to authorise persons to act as wildlife inspectors);

(b)section 18B (power of wildlife inspector to enter premises);

(c)section 18C (power to examine specimens and take samples);

(d)section 18F (restrictions on taking samples from live specimens);

(e)section 21(4AA) to (4C) (penalties for obstructing etc. wildlife inspectors).

Destructive Imported Animals Act 1932 (c. 12)

8(1)The enforcement provisions of the 1981 Act relating to Group 1 offences and Group 1 licences apply for the purposes of the 1932 Act as if—

(a)any reference to a Group 1 offence were a reference to any offence under the 1932 Act,

(b)any reference to a Group 1 licence were a reference to a licence under the 1932 Act, and

(c)as if the power to take a sample included power to take a sample from a destructive animal (whether live or dead) for the purpose of testing for disease.

(2)“Destructive animal” means a musk rat or other animal to which the 1932 Act applies.

Conservation of Seals Act 1970 (c. 30)

9The enforcement provisions relating to Group 1 offences and Group 1 licences apply for the purposes of the 1970 Act as if—

(a)the Natural Environment Research Council were required to be consulted about any authorisation of a person to exercise the powers of a wildlife inspector for the purposes of the 1970 Act,

(b)any reference to a Group 1 offence were a reference to any offence under the 1970 Act,

(c)any reference to a Group 1 licence were a reference to a licence under section 10 of the 1970 Act, and

(d)the power to take a sample from a specimen did not include any power to take a sample from a live seal.

Deer Act 1991 (c. 54)

10The enforcement provisions relating to Group 1 offences and Group 1 licences apply for the purposes of the 1991 Act as if—

(a)any reference to a Group 1 offence were a reference to any offence under the 1991 Act,

(b)any reference to a Group 1 licence were a reference to a licence under section 8 of the 1991 Act, and

(c)as if the power to take a sample included power to take a sample from a deer (whether live or dead) for the purpose of testing for disease.

Protection of Badgers Act 1992 (c. 51)

11The enforcement provisions relating to Group 1 offences and Group 1 licences apply for the purposes of the 1992 Act as if—

(a)any reference to a Group 1 offence were a reference to any offence under the 1992 Act,

(b)any reference to a Group 1 licence were a reference to a licence under section 10 of the 1992 Act, and

(c)as if the power to take a sample included power to take a sample from a badger (whether live or dead) for the purpose of testing for disease.

Part 3Codes of practice

12(1)The Secretary of State may—

(a)issue a code of practice in connection with any of the provisions of sections 18A to 18F of the 1981 Act (including any of those provisions as applied by Part 2 of this Schedule), and

(b)revise or replace such a code.

(2)An inspector must have regard to any relevant provision of a code when discharging any function under any of the provisions mentioned in sub-paragraph (1)(a).

(3)But an inspector’s failure to have regard to any provision of a code does not make him liable to criminal or civil proceedings.

(4)A code—

(a)is admissible in evidence in any proceedings, and

(b)must be taken into account by a court in any case in which it appears to the court to be relevant.

Part 4Constable’s search warrant power extended to certain other Acts

13(1)Section 19(3) of the 1981 Act (issue of search warrants for purpose of obtaining evidence of offence) applies in relation to an offence under each of the Acts mentioned in sub-paragraph (2) as it applies in relation to an offence under Part 1 of the 1981 Act.

(2)The Acts are—

(a)the Destructive Imported Animals Act 1932 (c. 12);

(b)the Conservation of Seals Act 1970 (c. 30);

(c)the Deer Act 1991 (c. 54);

(d)the Protection of Badgers Act 1992 (c. 51).

Section 53

SCHEDULE 6Wildlife offences: time limits for proceedings

Destructive Imported Animals Act 1932 (c. 12)

1In section 6 (offences relating to importation etc. of musk rats without licence etc.), after subsection (2) insert—

“(3)Proceedings in England and Wales for an offence under this section may be brought within the period of 6 months beginning with the date on which evidence sufficient in the opinion of the prosecutor to warrant the proceedings came to his knowledge.

(4)But subsection (3) does not authorise the commencement of proceedings for an offence more than 2 years after the date on which the offence was committed.

(5)For the purposes of subsection (3), a certificate signed by or on behalf of the prosecutor and stating the date on which evidence sufficient in his opinion to warrant the proceedings came to his knowledge shall be conclusive evidence of that fact.

(6)A certificate stating that matter and purporting to be so signed shall be deemed to be so signed unless the contrary is proved.”

Conservation of Seals Act 1970 (c. 30)

2In section 5 (penalties for offences), after subsection (2) insert—

“(3)Proceedings in England and Wales for an offence under this Act may be brought within the period of 6 months beginning with the date on which evidence sufficient in the opinion of the prosecutor to warrant the proceedings came to his knowledge.

(4)But subsection (3) does not authorise the commencement of proceedings for an offence more than 2 years after the date on which the offence was committed.

(5)For the purposes of subsection (3), a certificate signed by or on behalf of the prosecutor and stating the date on which evidence sufficient in his opinion to warrant the proceedings came to his knowledge shall be conclusive evidence of that fact.

(6)A certificate stating that matter and purporting to be so signed shall be deemed to be so signed unless the contrary is proved.”

Wildlife and Countryside Act 1981 (c. 69)

3(1)Amend section 20 (summary prosecutions) as follows.

(2)In subsection (2), for “Summary proceedings for an offence under this Part” substitute “Proceedings for a summary offence under this Part”.

(3)In the heading, for “Summary prosecutions” substitute “Proceedings for summary offences”.

4After section 51 insert—

“51ASummary prosecutions

(1)Proceedings in England and Wales for a summary offence under this Part may be brought within the period of 6 months beginning with the date on which evidence sufficient in the opinion of the prosecutor to warrant the proceedings came to his knowledge.

(2)But subsection (1) does not authorise the commencement of proceedings for an offence more than 2 years after the date on which the offence was committed.

(3)For the purposes of this section, a certificate signed by or on behalf of the prosecutor and stating the date on which evidence sufficient in his opinion to warrant the proceedings came to his knowledge shall be conclusive evidence of that fact.

(4)A certificate stating that matter and purporting to be so signed shall be deemed to be so signed unless the contrary is proved.”

Deer Act 1991 (c. 54)

5In section 9 (penalties for offences relating to deer), after subsection (2) insert—

“(3)Proceedings for an offence under this Act may be brought within the period of 6 months beginning with the date on which evidence sufficient in the opinion of the prosecutor to warrant the proceedings came to his knowledge.

(4)But subsection (3) does not authorise the commencement of proceedings for an offence more than 2 years after the date on which the offence was committed.

(5)For the purposes of subsection (3), a certificate signed by or on behalf of the prosecutor and stating the date on which evidence sufficient in his opinion to warrant the proceedings came to his knowledge shall be conclusive evidence of that fact.

(6)A certificate stating that matter and purporting to be so signed shall be deemed to be so signed unless the contrary is proved.”

Protection of Badgers Act 1992 (c. 51)

6After section 12 insert—

“12ZATime limit for bringing summary proceedings (England and Wales)

(1)Proceedings in England and Wales for a summary offence under this Act may be brought within the period of 6 months beginning with the date on which evidence sufficient in the opinion of the prosecutor to warrant the proceedings came to his knowledge.

(2)But subsection (1) does not authorise the commencement of proceedings for an offence more than 2 years after the date on which the offence was committed.

(3)For the purposes of this section, a certificate signed by or on behalf of the prosecutor and stating the date on which evidence sufficient in his opinion to warrant the proceedings came to his knowledge shall be conclusive evidence of that fact.

(4)A certificate stating that matter and purporting to be so signed shall be deemed to be so signed unless the contrary is proved.”

Section 80

SCHEDULE 7Designated bodies

1A conservation board for an area of outstanding natural beauty in England.

2A joint committee of two or more local authorities which is discharging, in relation to an area of outstanding natural beauty, functions of those authorities under sections 89 and 90 of the Countryside and Rights of Way Act 2000 (c. 37).

3A local authority (as defined by section 86).

4A National Park authority established for a National Park in England.

5The Board of Trustees of the Royal Botanic Gardens, Kew.

6The British Potato Council.

7The British Waterways Board.

8The Broads Authority.

9The Commission for Rural Communities.

10The Environment Agency.

11Food From Britain.

12The Forestry Commissioners.

13The Gangmasters' Licensing Authority.

14The Historic Buildings and Monuments Commission for England.

15The Home-Grown Cereals Authority.

16The Horticultural Development Council.

17The Meat and Livestock Commission.

18The Milk Development Council.

19The National Forest Company.

20Natural England.

21The Seafish Industry Authority.

22The Wine Standards Board.

Section 87

SCHEDULE 8Agricultural etc. boards

Status

1A board is (by virtue of this Schedule) a body corporate.

2A board is not to be regarded—

(a)as a servant or agent of the Crown, or

(b)as enjoying any status, privilege of immunity of the Crown,

and the board’s property is not to be regarded as property of, or held on behalf of, the Crown.

Membership

3A board is to consist of—

(a)a chairman appointed by the appropriate authority, and

(b)such other number of members as the appropriate authority may appoint.

4The appropriate authority may appoint one of the members to be deputy chairman.

5A section 87 order may include provision as to qualification or disqualification for membership.

Term of office

6A section 87 order may include provision as to—

(a)the members' term of office, and

(b)their removal from office.

Remuneration and pensions

7A section 87 order may include provision—

(a)as to the payment to the members of remuneration and allowances, and

(b)as to the payment of pensions, gratuities or allowances to or in respect of the members.

Staff

8A section 87 order may include provision as to the appointment of employees, their remuneration and other terms of employment.

Reports, accounts etc.

9A section 87 order may include provision requiring the board to prepare and submit reports to persons specified in the order.

10A section 87 order must include provision—

(a)requiring the board to prepare and submit accounts to persons specified in the order;

(b)requiring a statement of the accounts to be examined, certified and reported on by the Comptroller and Auditor General.

11A section 87 order may include provision requiring any documents of a description specified in the order to be laid before—

(a)each House of Parliament;

(b)the National Assembly for Wales;

(c)the Scottish Parliament;

(d)the Northern Ireland Assembly.

Section 89

SCHEDULE 9Functions which may be assigned to boards

1Promoting or undertaking scientific research.

2(1)Promoting or undertaking inquiry—

(a)as to materials and equipment, and

(b)as to methods of production, management and labour utilisation.

(2)Promoting or undertaking inquiry under sub-paragraph (1) includes promoting or undertaking—

(a)the discovery and development of—

(i)new materials, equipment and methods, and

(ii)improvements in those already in use,

(b)the assessment of the advantages of different alternatives, and

(c)the conduct of experimental establishments and of tests on a commercial scale.

3Promoting the production and marketing of standard products.

4Promoting the better definition of trade descriptions and consistency in the use of trade descriptions.

5Developing, promoting, marketing or operating—

(a)standards relating to the quality of products, or

(b)systems for the classification of products.

6Developing, reviewing or operating schemes for the certification of products or of operations connected with production or supply of products.

7Undertaking the certification of products, the registration of certification trade marks, and the functions of proprietors of such marks.

8Providing or promoting the provision of—

(a)training for persons engaged in or proposing to be engaged in the industry, and

(b)their education in subjects relevant to the industry.

9(1)Promoting—

(a)the adoption of measures for securing safer and better working conditions, and

(b)the provision and improvement of amenities for persons employed.

(2)Promoting or undertaking inquiry as to measures for securing safer and better working conditions.

10Promoting or undertaking research into the incidence, prevention and cure of industrial diseases.

11Promoting or undertaking arrangements for encouraging the entry of persons into the industry.

12Promoting or undertaking research for improving arrangements for marketing and distributing products.

13Promoting or undertaking research into matters relating to the consumption or use of goods and services supplied by the industry.

14Promoting arrangements—

(a)for co-operative organisations,

(b)for supplying materials and equipment, and

(c)for marketing and distributing products.

15Promoting the development of export trade, including promoting or undertaking arrangements for publicity overseas.

16Promoting or undertaking arrangements for better acquainting the public in the United Kingdom with the goods and services supplied by the industry and methods of using them.

17Promoting or undertaking the collection and formulation of statistics.

18Advising on any matters relating to the industry (other than remuneration or conditions of employment) as to which the appropriate authority may request the board to advise, and undertaking inquiry for the purpose of enabling the board to advise on such matters.

19Undertaking arrangements for making available information obtained, and for advising, on matters with which the board is concerned in the exercise of any of its functions.

Section 90

SCHEDULE 10Ancillary provisions relating to boards

Acting through subsidiaries

1(1)A section 87 order may include provision—

(a)enabling the board to establish subsidiaries, and

(b)enabling or requiring the board to carry out specified functions through subsidiaries.

(2)“Subsidiary” means a subsidiary as defined by section 736 of the Companies Act 1985 (c. 6) or Article 4 of the Companies (Northern Ireland) Order 1986 (S.I. 1986/1032 (N.I. 6)).

Registers, returns and other information

2(1)A section 87 order may include provision—

(a)with respect to registration in a register kept by the board of persons carrying on business in a specified industry;

(b)requiring the register to be made available (in accordance with the order) for inspection by the public;

(c)under which any right to inspect the register is subject to the payment of a reasonable fee.

(2)A section 87 order may include provision conferring power on the board to require persons carrying on business in a specified industry to supply to the board returns and other information.

Investigative powers

3(1)A section 87 order may include provision conferring a power of entry on authorised officers for the purpose of enabling them to carry out functions of the board.

(2)But a section 87 order may not include provision by virtue of sub-paragraph (1) conferring power to enter a dwelling.

(3)A section 87 order may include provision conferring power on authorised officers to require persons of a description specified in the order—

(a)to provide information of a description so specified, or

(b)to produce documents of a description so specified.

(4)“Authorised officer”, in relation to a power, means a person authorised to exercise the power by, or on behalf of, the board to which the section 87 order relates.

(5)A section 87 order may include provision—

(a)enabling a board to hold inquiries;

(b)enabling a board to require a person to attend to give evidence;

(c)as to appeals against a requirement imposed by virtue of paragraph (b).

Reserve funds etc.

4(1)A section 87 order may include provision for enabling the board to establish and maintain a reserve fund for the purposes of its functions.

(2)A section 87 order may also make provision with respect to powers of investment over a reserve fund or any other money of the board which is not immediately required for any other purpose.

(3)A section 87 order may confer on the board—

(a)power to borrow money;

(b)power to charge property.

Levies

5(1)A section 87 order may include provision—

(a)for the imposition by the board of charges (“levies”) on such persons as may be specified in the order;

(b)as to limits on the amounts of levies;

(c)for the recovery of levies in such ways and through such channels as may be specified in the order.

(2)But a section 87 order may not include provision by virtue of sub-paragraph (1) except for the purpose of enabling a board—

(a)to meet its expenses in the exercise of its functions;

(b)to meet its administrative expenses;

(c)to further a purpose or the purposes for which it is established;

(d)to establish a reserve fund.

(3)The purpose or purposes for which any levies are imposed must be specified in the section 87 order.

Power to charge for services

6A section 87 order may provide that the board (or a subsidiary of the board) may make such charges for any services as appear to the board (or subsidiary) to be reasonable.

Incidental powers

7(1)A section 87 order may include provision enabling the board to do anything that appears to it to be conducive or incidental to the discharge of its functions.

(2)The order may, in particular, provide that the board may—

(a)enter into agreements;

(b)acquire or dispose of property;

(c)raise funds by means of voluntary contributions;

(d)accept gifts.

(3)The power to make provision falling within sub-paragraph (2)(c) applies whether or not the order also makes provision under paragraph 5 (levies).

Approval of appropriate authority, consultation etc.

8(1)A section 87 order may include provision making the exercise of a specified function or description of functions conferred on the board—

(a)subject to the approval of the appropriate authority, or

(b)subject to any other conditions.

(2)The provision that may be made by virtue of sub-paragraph (1)(b) includes, in particular—

(a)provision requiring the board to be satisfied, before a levy is—

(i)imposed, or

(ii)terminated,

that the imposition or termination of the levy is desired by a substantial number of the persons who would be or are affected by the levy;

(b)provision requiring ballots to be conducted, in such circumstances as may be specified in the order, for the purpose of ascertaining the views of persons who would be or are affected by a levy;

(c)provision requiring the board to consult a specified person or a description of persons before exercising a specified function or description of functions.

(3)A section 87 order may include provision for the appointment of a Consumers' Committee which the board is required to consult in relation to specified matters.

Offences

9(1)A section 87 order may create offences in relation to—

(a)failing to comply with a requirement relating to registration;

(b)obstructing an authorised officer exercising a power of entry;

(c)failing to comply with a requirement to provide information or produce documents;

(d)neglecting or failing to comply with a requirement to attend to give evidence;

(e)providing false or misleading information to a board or an authorised officer.

(2)If a section 87 order creates an offence by virtue of sub-paragraph (1), the order—

(a)must provide for the offence to be triable only summarily, and

(b)may not provide for the offence to be punishable with imprisonment.

(3)A section 87 order—

(a)may make provision enabling proceedings for an offence under the order to be brought within the period of 6 months beginning with the date on which evidence sufficient in the opinion of the prosecutor to warrant the proceedings came to his knowledge, but

(b)may not authorise the commencement of proceedings for such an offence more than 2 years after the date on which the offence was committed.

Section 105(1)

SCHEDULE 11Minor and consequential amendments

Part 1General

Destructive Imported Animals Act 1932 (c. 12)

1(1)Amend section 5 (provisions as to musk rats found at large) as follows.

(2)In subsection (3) for “any persons employed by, or on behalf of, the department for that purpose” substitute “any authorised persons”.

(3)After subsection (3) insert—

“(3A)“Authorised person” means—

(a)in relation to England and Wales, a person authorised in writing by the appropriate department to exercise powers under subsection (3);

(b)in relation to Scotland, a person employed by or on behalf of the appropriate department for the purposes of subsection (3).”

Hill Farming Act 1946 (c. 73)

2Omit section 32 (advisory committees).

3In section 34 (power to enter on and inspect land), after subsection (2) insert—

“(3)This section applies in relation to land in England as if, for the purposes of an agreement under Chapter 1 of Part 8 of the Natural Environment and Rural Communities Act 2006 (agreements with designated bodies), references to an officer of the appropriate Minister authorised by general or special directions given by him were references to a person authorised by the appropriate Minister by general or special directions given by him.”

Industrial Organisation and Development Act 1947 (c. 40)

4In section 5 (restriction on disclosure of information), after subsection (3) insert—

“(3A)Subsections (2) and (3) do not apply to disclosure—

(a)by a development council established in relation to an industry whose activities include an agricultural activity;

(b)to, or to an officer of, Natural England;

(c)to, or to an officer of, the Commission for Rural Communities;

(d)to, or to an officer of, the Joint Nature Conservation Committee;

(e)to, or to an officer of, a body specified in Schedule 7 to the Natural Environment and Rural Communities Act 2006;

(f)to, or to an officer of, a board established under Chapter 2 of Part 8 of the 2006Act.”

5(1)Amend section 9 (levies for certain purposes for industries for which there is no development council) as follows.

(2)In subsection (1), for “not a development council” substitute “neither a development council nor a relevant board”.

(3)After subsection (1) insert—

“(1A)“Relevant board” means a board established under Chapter 2 of Part 8 of the Natural Environment and Rural Communities Act 2006.”

National Parks and Access to the Countryside Act 1949 (c. 97)

6For the title of Part 1, substitute “The Countryside Council for Wales”.

7(1)Amend section 1 (the Countryside Agency and the Countryside Council for Wales) as follows.

(2)In subsection (1), omit—

(a)“There shall be a Countryside Agency which shall exercise functions in relation to England for the purposes specified in subsection (2) below; and”, and

(b)“corresponding” (in both places).

(3)Omit subsection (2).

(4)In the heading, omit “Countryside Agency and the”.

8(1)Amend section 3 (power of Minister to give directions to Agency or Council) as follows.

(2)In subsection (1)—

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

(b)for “the Agency or Council”,

substitute “the Council”.

(3)In the heading, for “Commission” substitute “the Council”.

9In section 4A (application of Part 2 in Wales), in subsection (2), for “the Countryside Agency” substitute “Natural England”.

10In each of the following provisions for “the Agency” substitute “Natural England”—

(a)section 5(2) and (3);

(b)section 6(1), (3), (4) and (5);

(c)section 7(1), (2), (4) and (6);

(d)section 9(1);

(e)section 51(1), (2), (3) and (4);

(f)section 52(1) and (2);

(g)section 55(1) and (2);

(h)section 65(5) and (5A);

(i)section 85;

(j)section 86(1) and (2);

(k)section 86A;

(l)section 90(4);

(m)section 91(1).

11(1)Amend section 6 (general duties of Agency in relation to National Parks) as follows.

(2)In subsection (1), omit “as soon as may be after the commencement of this Act, and thereafter”.

(3)In subsection (4), omit paragraphs (a) and (c).

(4)In the heading, for “Commission” substitute “Natural England”.

12For section 15 (meaning of “nature reserve”) substitute—

“15Meaning of “nature reserve”

(1)In this Part, “nature reserve” means—

(a)land managed solely for a conservation purpose, or

(b)land managed not only for a conservation purpose but also for a recreational purpose, if the management of the land for the recreational purpose does not compromise its management for the conservation purpose.

(2)Land is managed for a conservation purpose if it is managed for the purpose of—

(a)providing, under suitable conditions and control, special opportunities for the study of, and research into, matters relating to the fauna and flora of Great Britain and the physical conditions in which they live, and for the study of geological and physiographical features of special interest in the area, or

(b)preserving flora, fauna or geological or physiographical features of special interest in the area,

or for both those purposes.

(3)Land is managed for a recreational purpose if it is managed for the purpose of providing opportunities for the enjoyment of nature or for open-air recreation.”

13(1)Amend section 15A (meaning of “Nature Conservancy Council”) as follows.

(2)Number the provisions of section 15A as subsection (1).

(3)In subsection (1)—

(a)for “references to “the Nature Conservancy Council” are references” substitute “references to the appropriate conservation body are references”, and

(b)in paragraph (a), for “English Nature” substitute “Natural England”.

(4)After subsection (1) insert—

“(2)In this Part of this Act—

(a)“nature reserve agreement” means an agreement under section 7 of the 2006 Act for securing that land which it appears expedient in the national interest should be managed as a nature reserve shall be so managed, and

(b)“the 2006 Act” means the Natural Environment and Rural Communities Act 2006.”

(5)In the heading for ““Nature Conservancy Council”” substitute “appropriate conservation body”.

14(1)Amend section 16 (agreements for management of nature reserves) as follows.

(2)In subsection (1), for “the Nature Conservancy Council”—

(a)in the first place where it occurs, substitute “The Council or Scottish Natural Heritage”, and

(b)in the second place where it occurs, substitute “the Council or (as the case may be) Scottish Natural Heritage”.

(3)In subsection (3)(b) and (c), for “the Nature Conservancy Council” substitute “the Council or (as the case may be) Scottish Natural Heritage”.

(4)In subsection (4), for “the Nature Conservancy Council”, substitute “the Council”.

(5)For the heading substitute “Agreements for management of nature reserves in Scotland and Wales”.

15In each of the following provisions for “the Nature Conservancy Council” substitute “the appropriate conservation body”—

(a)section 17(1) and (2);

(b)section 18(1) and (2);

(c)section 19(1), (2), (3), (4) and (5);

(d)section 20(1), (2)(c) and (3);

(e)section 21(1) and (6);

(f)section 22;

(g)section 103(1);

(h)section 106(1).

16In section 17 (compulsory acquisition of land for establishment of nature reserves)—

(a)in subsection (2), for “agreement under the last foregoing section” substitute “nature reserve agreement or an agreement under section 16”, and

(b)in the heading, for “Conservancy” substitute “conservation body”.

17In section 18 (compulsory acquisition of land for maintenance of nature reserves)—

(a)in subsection (1), for “an agreement under the last but one foregoing section” substitute “a nature reserve agreement or an agreement under section 16”, and

(b)in the heading, for “Conservancy” substitute “conservation body”.

18In section 19 (declarations as to what are nature reserves), in subsection (1), for “an agreement entered into with them under the foregoing provisions of this Part of this Act” substitute “a nature reserve agreement or an agreement under section 16”.

19In section 21 (establishment of nature reserves by local authorities), in subsection (4), for “the Nature Conservancy Council” substitute “the appropriate conservation body, the Council or Scottish Natural Heritage”.

20In section 50A (application of Part 4 in Wales), in subsection (2), for “the Countryside Agency” substitute “Natural England”.

21In section 64 (access agreements), omit subsection (5).

22In the heading to section 85 (general duty of Commission to advise on questions relating to natural beauty), for “Commission” substitute “Natural England and the Council”.

23In the heading to section 86 (information services to be provided by Commission), for “Commission” substitute “Natural England”.

24In section 114 (interpretation), in subsection (1), omit the definition of “the Agency”.

25In Schedule 1 (provisions as to making, confirmation, coming into operation and validity of certain instruments), in paragraph 2(5)—

(a)for “the Agency,” in the first place where it occurs, substitute “Natural England,”, and

(b)for “the Agency,” in the second place where it occurs, substitute “Natural England, the”.

Manoeuvres Act 1958 (7 & 8 Eliz. 2 c. 7)

26In—

(a)section 1 (power to authorise execution of manoeuvres), in subsection (3)(a)(iii), and

(b)section 4 (manoeuvres commissions), in subsection (1)(d),

for “the Countryside Agency” substitute “Natural England”.

Agricultural Marketing Act 1958 (c. 47)

27In section 19 (consumers' committees and committees' of investigation), omit subsections (1) to (5) and (9).

28(1)Amend section 20 (directions by Ministers to boards as respects certain matters) as follows.

(2)In subsection (3), omit the words from “, and if, within” to the end.

(3)Omit subsections (4) and (7).

29(1)Amend section 21 (temporary directions by Ministers) as follows.

(2)In subsection (1), omit—

(a)paragraph (b) and “or” preceding it,

(b)“or, as the case may be, of the report or complaint”, and

(c)“or direction”.

(3)In subsection (2), omit the proviso.

(4)Omit subsection (3).

(5)In subsection (4), for “periods prescribed by subsections (2) and (3)” substitute “period prescribed by subsection (2)”.

30(1)Amend section 32 (general provisions as to commissions and committees) as follows.

(2)In subsection (1), omit—

(a)“or committee” (in both places), and

(b)“or appointed”.

(3)In subsections (2) and (3), omit “or committee” (in each place).

(4)Omit subsection (4).

31In section 47 (restrictions on disclosing certain information obtained under Act), in subsection (2), omit “, consumers' committee, committee of investigation”.

32In section 53 (provisions as to Northern Ireland), in subsection (5)—

(a)omit “consumers' committee and committees of investigation shall operate, and the”,

(b)for “operate and are applicable respectively” substitute “are applicable”, and

(c)omit the words from “, but when any such committee” to the end of the subsection.

33In Schedule 3 (matters referred to in the definition of “the Minister”), in Parts 2, 5 and 6, omit paragraphs 2 and 3.

Public Records Act 1958 (c. 51)

34(1)In Schedule 1 (definition of public records), amend Part 2 of the table at the end of paragraph 3 as follows.

(2)Insert at the appropriate places—

“Commission for Rural Communities.”, and

“Natural England.”.

(3)Omit the entries relating to English Nature and the Countryside Agency.

Cereals Marketing Act 1965 (c. 14)

35In section 6 (further non-trading functions of Authority), in subsection (2), omit “(subject to section 17(2) of this Act)”.

36In section 17 (offences in relation to scheme under section 16), omit—

(a)subsection (2), and

(b)in subsection (3), paragraph (c) and “or” preceding it.

Superannuation Act 1965 (c. 74)

37In section 39 (meaning of “public office” etc.), in subsection (1), in paragraph 7, omit the entry relating to English Nature.

Sea Fisheries Regulation Act 1966 (c. 38)

38In section 5A (byelaws under section 5 for marine environmental purposes), in subsection (3)(a), for “English Nature” substitute “Natural England”.

Parliamentary Commissioner Act 1967 (c. 13)

39(1)Amend Schedule 2 (departments and authorities subject to investigation) as follows.

(2)Insert at the appropriate places—

“Commission for Rural Communities.”, and

“Natural England.”

(3)Omit the entries relating to the Countryside Agency and English Nature.

Agriculture Act 1967 (c. 22)

40Omit section 24 (disclosure of information).

Countryside Act 1968 (c. 41)

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

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

“1General 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.

(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.

(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”.

45In 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.

(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”.

47In 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.

(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.

(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).”

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

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

52In 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.

(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”.

54In 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.

(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,”.

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

Conservation of Seals Act 1970 (c. 30)

57(1)Amend section 10 (power to grant licences) as follows.

(2)In subsection (3), in paragraph (b), for “the Nature Conservancy Council” substitute “the appropriate nature conservation body”.

(3)In subsection (5) for “a reference to “the Nature Conservancy Council” is a reference to English Nature,”, substitute ““the appropriate nature conservation body” means Natural England,”.

Superannuation Act 1972 (c. 11)

58(1)Amend Schedule 1 (kinds of employment to which that Act applies) as follows.

(2)Insert at the appropriate places—

“Commission for Rural Communities.”, and

“Natural England.”

(3)Omit the entries relating to the Countryside Agency and English Nature.

Local Government Act 1974 (c. 7)

59For section 9 (grants and loans by the Countryside Agency and the Countryside Council for Wales) substitute—

“9Grants and loans by the Countryside Council for Wales

(1)In accordance with arrangements approved by the National Assembly for Wales, the Countryside Council for Wales may give financial assistance by way of grant or loan, or partly in the one way and partly in the other, to any person in respect of expenditure incurred by him in doing anything which, in the opinion of the Council, is conducive to the attainment of any of the purposes of—

(a)the National Parks and Access to the Countryside Act 1949,

(b)the Countryside Act 1968, or

(c)the Countryside and Rights of Way Act 2000.

(2)On making a grant or loan under this section the Countryside Council for Wales may impose such conditions as they think fit including (in the case of a grant) conditions for repayment in specified circumstances.

(3)The exercise of the power of the Countryside Council for Wales under this section is subject to any directions given to the Council by the National Assembly for Wales.”

House of Commons Disqualification Act 1975 (c. 24)

60(1)Amend Schedule 1 (offices disqualifying for membership) as follows.

(2)In Part 2 (bodies of which all members are disqualified), insert at the appropriate places—

“Commission for Rural Communities.”, and

“Natural England.”

(3)In Part 3 omit the entries relating to the Countryside Agency and English Nature.

Race Relations Act 1976 (c. 74)

61(1)Amend Schedule 1A (bodies and other persons subject to general statutory duty) as follows.

(2)In Part 2, after the entry relating to the Commission for Racial Equality insert—

“Commission for Rural Communities.”

(3)In that Part, after the entry relating to the Insolvency Rules Committee insert—

“Natural England.”

(4)In that Part, omit the entries relating to English Nature, the Hill Farming Advisory Committee for Scotland and the Hill Farming Advisory Sub-Committee for Wales.

(5)In Part 3, omit the entry relating to the Countryside Agency.

Import of Live Fish (England and Wales) Act 1980 (c. 27)

62In section 1 (power to limit the import etc. of fish and fish eggs), in subsection (2) for “English Nature” substitute “Natural England”.

Highways Act 1980 (c. 66)

63In section 105B (procedure), in subsection (8), in paragraph (b) of the definition of “the consultation bodies”, for “the Countryside Agency, English Heritage and English Nature” substitute “Natural England and English Heritage”.

64In section 119D (diversion of certain highways for protection of sites of special scientific interest), in subsection (12), in paragraph (a) of the definition of “the appropriate conservation body”, for “English Nature” substitute “Natural England”.

65In section 119E (provisions supplementary to section 119D), in subsection (2), at the end of paragraph (a) insert “and” and omit paragraph (c) and “and” preceding it.88

66In section 120 (exercise of powers of making public path extinguishment and diversion orders), in subsection (2)(c), for “the Countryside Agency” substitute “Natural England”.

67In section 135A (temporary diversion for dangerous works), in subsection (6)(b), for “the Countryside Agency” substitute “Natural England”.

Animal Health Act 1981 (c. 22)

68(1)Amend section 21 (destruction of wild life on infection other than rabies) as follows.

(2)In subsection (3), for “Nature Conservancy Council” substitute “appropriate conservation body”.

(3)In subsection (9), in the definition of “Nature Conservancy Council”, for ““Nature Conservancy Council” means English Nature,” substitute ““appropriate conservation body” means Natural England,”.

69In section 22 (powers of entry for section 21), in subsection (7)—

(a)in paragraph (a), for “a Nature Conservancy Council under section 132 of the Environmental Protection Act 1990 or by Scottish Natural Heritage under section 4(7) of the Natural Heritage (Scotland) Act 1991” substitute “the appropriate conservation body”, and

(b)for “the Council” (in both places) substitute “the body”.

Wildlife and Countryside Act 1981 (c. 69)

70In section 10 (exceptions to section 9), in subsection (5), for “Nature Conservancy Council” substitute “conservation body”.

71In section 15 (endangered species (import and export)), in subsection (2), for “Nature Conservancy Councils” substitute “GB conservation bodies”.

72(1)Amend section 16 (power to grant licences) as follows.

(2)In subsection (4), for “section 14” substitute “sections 14 and 14ZA”.

(3)In subsections (9)(a) and (c), (10)(b) and (11), for “Nature Conservancy Council” substitute “conservation body”.

(4)In subsection (10)(a)—

(a)for “Nature Conservancy Councils” substitute “GB conservation bodies”, and

(b)for “Council” substitute “body”.

(5)Sub-paragraph (2) extends to England and Wales (including their adjacent territorial waters) only.

73(1)In section 21 (penalties, forfeitures, etc.), in subsections (4) and (6)(b), after “section 14” insert “or 14ZA”.

(2)This paragraph extends to England and Wales (including their adjacent territorial waters) only.

74(1)Amend section 22 (power to vary Schedules) as follows.

(2)In subsection (3)—

(a)for “jointly to him by the Nature Conservancy Councils” substitute “to him by the GB conservation bodies acting through the Joint Nature Conservation Committee in accordance with Part 2 of the 2006 Act”; and

(b)omit the words following paragraph (b).

(3)After subsection (3) insert—

“(3A)The 2006 Act means the Natural Environment and Rural Communities Act 2006.”

75(1)Amend section 24 (functions of Nature Conservancy Council) as follows.

(2)In subsection (1)—

(a)for “Nature Conservancy Councils, acting jointly,” substitute “GB conservation bodies, acting through the Joint Nature Conservation Committee in accordance with Part 2 of the 2006 Act”, and

(b)omit the words following paragraph (b).

(3)After subsection (1) insert—

“(1A)The 2006 Act means the Natural Environment and Rural Communities Act 2006.”

(4)In subsection (4), for “Nature Conservancy Councils” substitute “GB conservation bodies”.

(5)For the heading substitute “Functions of GB conservation bodies”.

76(1)Amend section 27 (interpretation of Part 1) as follows.

(2)In subsection (1), in paragraph (c) of the definition of “authorised person”, for “Nature Conservancy Councils” substitute “GB conservation bodies”.

(3)In that subsection, after the definition of “poultry”, insert—

““premises” includes land (including buildings), movable structures, vehicles, vessels, aircraft and other means of transport;”.

(4)For subsection (3A) substitute—

“(3A)In this Part “the GB conservation bodies” means—

(a)Natural England,

(b)the Countryside Council for Wales, and

(c)Scottish Natural Heritage,

and references to a conservation body are to be read accordingly.”

(5)Sub-paragraph (3) extends to England and Wales (including their adjacent territorial waters) only.

77Omit section 27A (construction of references to Nature Conservancy Council) and the heading preceding it.

78Before section 28 insert—

“Sites of special scientific interest and limestone pavements

27AAApplication of sections 28 to 34 in Wales

In relation to land in Wales, sections 28 to 34 (which relate to sites of special scientific interest and limestone pavements) have effect as if references to Natural England were references to the Countryside Council for Wales.”

79In sections 28 to 32 (which relate to sites of special scientific interest), for “the Nature Conservancy Council” and “the Council” (or “the Council's”) substitute “Natural England” (or “Natural England's”).

80In section 28E (duties in relation to sites of special scientific interest), in subsection (3)(b), for “or section 15 of the 1968 Act” substitute “, section 15 of the 1968 Act or section 7 of the Natural Environment and Rural Communities Act 2006”.

81(1)Amend section 28G (statutory undertakers, etc.: general duty) as follows.

(2)In subsection (3)(e), omit “(meaning the persons referred to in section 262(1), (3) and (6) of the Town and Country Planning Act 1990)”.

(3)After subsection (3) insert—

“(4)“Statutory undertaker” means a person who is or is deemed to be a statutory undertaker for the purposes of any provision of Part 11 of the Town and Country Planning Act 1990.”

82In section 33 (ministerial guidance as respects areas of special scientific interest), in subsection (1), for “Nature Conservancy Councils” substitute “Natural England”.

83(1)Amend section 34 (limestone pavement orders) as follows.

(2)For subsection (1) substitute—

“(1)Natural England must notify any local planning authority of any limestone pavement in that authority’s area.”

(3)In subsection (3), for “the Council and the Agency” substitute “Natural England”.

(4)In subsection (5), omit from “or Part” to the end.

(5)In subsection (6), omit—

(a)the definition of “the Agency”, and

(b)paragraph (b) of the definition of “the relevant authority”.

84Before section 35 insert—

“Nature reserves, marine nature reserves and Ramsar sites

34AMeaning of “appropriate conservation body”

In the following provisions of this Part “the appropriate conservation body” means—

(a)in relation to England, Natural England;

(b)in relation to Wales, the Countryside Council for Wales;

(c)in relation to Scotland, Scottish Natural Heritage.”

85In sections 35 to 37, for “the Nature Conservancy Council” and “the Council” substitute “the appropriate conservation body”.

86In section 37A (Ramsar sites—wetlands of international importance), in subsections (1)(a) and (3) for “English Nature” substitute “Natural England”.

87In section 39 (management agreements with owners and occupiers of land), omit subsection (5)(d).

88(1)Amend section 41 (duties of agriculture Ministers with respect to the countryside) as follows.

(2)In subsection (3), omit the words after paragraph (b).

(3)In subsection (5), for the definitions of “management agreement” and “the relevant authority” substitute—

““management agreement” means—

(a)in relation to England, an agreement under section 39 or under section 7 of the Natural Environment and Rural Communities Act 2006, and

(b)in relation to Wales, an agreement under section 39;

“the relevant authority” has the same meaning as in section 39 except that in relation to England it also includes Natural England.”

(4)Omit subsection (6).

89Before section 42 insert—

“41AApplication of sections 42 to 45 in Wales

In relation to land in Wales, sections 42 to 45 (which relate to National Parks) have effect as if references to Natural England were references to the Countryside Council for Wales.”

90(1)Amend section 43 (maps of National Parks showing certain areas of moor or heath) as follows.

(2)In subsection (1B) —

(a)for “The Countryside Agency and the Countryside Council for Wales shall each” substitute “Natural England shall”, and

(b)for “the Agency and the Council may each” substitute “Natural England may”.

(3)In subsection (1C), for “the Agency or, as the case may be, the Council” substitute “Natural England”.

91(1)Amend section 45 (power to vary orders designating National Park) as follows.

(2)In subsection (1)—

(a)for “the Countryside Agency” (in both places) substitute “Natural England”, and

(b)omit “in England”.

(3)Omit subsection (2).

92(1)Amend section 47 (provisions with respect to the Countryside Agency) as follows.

(2)Omit subsection (1).

(3)In subsection (2), omit “to the Countryside Agency or”.

(4)For the heading substitute “Grants to the Countryside Council for Wales”.

93In section 49 (extension of power to appoint wardens)—

(a)in subsection (1) for “the Countryside Agency”, and

(b)in subsection (4) for “Countryside Agency” and “the Countryside Agency”,

substitute “Natural England”.

94(1)Amend section 50 (payments under certain agreements offered by authorities) as follows.

(2)In subsection (1), in paragraph (a), for “the Nature Conservancy Council offer to enter into an agreement under” substitute “Natural England or the Countryside Council for Wales offer to enter into a nature reserve agreement or an SSSI agreement or an agreement under”.

(3)In subsection (3), omit “(or, in Scotland, an arbiter)” and “(or, in Scotland, the arbiter's)”.

(4)In subsection (4), at the end insert—

““nature reserve agreement” has the same meaning as in Part 3 of the 1949 Act;

“SSSI agreement” has the same meaning as in section 15A of the 1968 Act.”

95(1)Amend section 51 (powers of entry) as follows.

(2)In subsection (1)—

(a)in paragraph (c), after “enter into”, and

(b)in paragraph (h), after “terms of” in the first place where it occurs,

insert “a nature reserve agreement or an SSSI agreement or”.

(3)In subsection (2)(a), for “the Nature Conservancy Council” substitute “Natural England or the Countryside Council for Wales”.

(4)After subsection (2) insert—

“(2A)In subsection (1)—

• “nature reserve agreement” has the same meaning as in Part 3 of the 1949 Act;

• “SSSI agreement” has the same meaning as in section 15A of the 1968 Act.”

96In section 52 (interpretation of Part 2), in subsection (1), omit the definition of “the Nature Conservancy Councils” and the words concerning the construction of references to “the Nature Conservancy Council”.

97(1)Amend section 71 (general interpretation) as follows.

(2)Re-number the existing provision subsection (1).

(3)After that subsection insert—

“(2)For the avoidance of doubt it is hereby declared that in this Act “plants” include fungi and algae.”

(4)This paragraph extends only to England and Wales and to the territorial waters adjacent to England and Wales.

98Omit Schedule 13 (provisions with respect to the Countryside Agency).

Derelict Land Act 1982 (c. 42)

99In section 1 (power of Secretary of State to give grants), after subsection (6) insert—

“(6A)Before making any grant under this section where the land to which subsection (1) applies is in a National Park or an area of outstanding natural beauty, the Secretary of State must consult Natural England.”

Agricultural Marketing (Northern Ireland) Order 1982 (S.I. 1982/1080 (N.I. 12))

100Omit—

(a)Article 21 (committee of investigation), and

(b)Article 22 (action following report by a committee of investigation).

101(1)Amend Article 29 (restrictions on disclosing certain information obtained under Part 2) as follows.

(2)In paragraph (2), for the words from “this Part” to the end of the paragraph substitute “this Part on any board”.

(3)In paragraph (3), omit “or by the General Consumer Council (Northern Ireland) Order 1984”.

Miscellaneous Financial Provisions Act 1983 (c. 29)

102Omit section 1 (functions of Countryside Agency in relation to economic and social development of rural areas in England).

National Heritage Act 1983 (c. 47)

103In section 24 (general functions of the Board), omit subsections (7) and (8) (fixing of opening hours and fees subject to Treasury consent).

Road Traffic Regulation Act 1984 (c. 27)

104(1)Amend section 22 (traffic regulation for special areas in the countryside) as follows.

(2)In subsection (1)(a), for sub-paragraphs (iv) and (v) substitute—

“(iv)an area in which Natural England is conducting an experimental scheme under section 8 of the Natural Environment and Rural Communities Act 2006 or the Countryside Council for Wales are conducting a scheme under section 4 of the 1968 Act,

(v)a nature reserve or an area subject to an SSSI agreement or an agreement under section 15 of the 1968 Act,”.

(3)In subsection (3), for “The Countryside Agency” substitute “Natural England”.

(4)After subsection (4) insert—

“(4A)In subsection (1)(a)(v) above, “SSSI agreement” has the same meaning as in section 15A of the Countryside Act 1968”.

Inheritance Tax Act 1984 (c. 51)

105In Schedule 3 (gifts for national purposes, etc.), for “English Nature” substitute—

“Commission for Rural Communities.

Natural England.”

General Consumer Council (Northern Ireland) Order 1984 (S.I. 1984/1822 (N.I. 12))

106Omit Article 7 (functions of the General Consumer Council in relation to agricultural marketing schemes).

Agriculture Act 1986 (c. 49)

107In section 18 (designation and management of environmentally sensitive areas), in subsection (2)(a) for “the Countryside Agency and English Nature” substitute “Natural England”.

Channel Tunnel Act 1987 (c. 53)

108In Schedule 2 (supplementary provisions as to the scheduled works and other authorised works), in paragraph 5(3), for “English Nature” substitute “Natural England”.

109In Schedule 3 (planning permission), in paragraph 17(4), for paragraphs (a) and (b) substitute—

“(a)where the authority consider that nature conservation or the conservation of the natural beauty and amenity of the countryside may be affected, Natural England;”.

Norfolk and Suffolk Broads Act 1988 (c. 4)

110(1)Amend section 4 (conservation of areas of natural beauty) as follows.

(2)In subsection (3)(a), for “English Nature” substitute “Natural England”.

(3)In subsection (4), for “Countryside Commission” substitute “Agency”.

(4)In subsection (5), for the words from “the Countryside Commission” to the end substitute “the Agency must consult such bodies appearing to it to represent interests concerned as it considers appropriate.”

111In section 5 (notification of certain operations within the Broads), in subsection (4), for “, English Nature and the Countryside Commission” substitute “and Natural England”.

112In—

(a)section 6 (byelaws: general), in subsection (4),

(b)section 15 (grants from Secretary of State), in subsection (2), and

(c)Schedule 1 (the Broads Authority), in paragraph 6,

for “the Countryside Commission” substitute “Natural England”.

113In Schedule 2 (variation of area treated as the broads)—

(a)in paragraph 3, for “the Countryside Commission”, and

(b)in paragraphs 4, 5, 6, 7 and 10, for “the Commission” (in each place),

substitute “Natural England”.

114In Schedule 3 (functions of Authority), in paragraph 33(1), for paragraphs (b) and (c) substitute—

“(b)Natural England;”.

Electricity Act 1989 (c. 29)

115In Schedule 9 (preservation of amenity and fisheries), in paragraph 2(2)—

(a)omit “with the Countryside Agency, and”, and

(b)for “English Nature” substitute “Natural England”.

Environmental Protection Act 1990 (c. 43)

116In section 36 (grant of waste management licenses), in subsection (7), for “English Nature” substitute “Natural England”.

117(1)For section 128 (creation and constitution of new Councils) substitute—

“128Countryside Council for Wales

(1)There shall be a council to be called the Countryside Council for Wales (in this Part referred to as “the Council”).

(2)The Council shall have not less than 8 nor more than 12 members and those members shall be appointed by the National Assembly for Wales.

(3)The National Assembly for Wales may by order made by statutory instrument amend subsection (2) above so as to substitute for the number for the time being specified as the maximum membership of the Council such other number as the Assembly thinks appropriate.

(4)Schedule 6 has effect with respect to the constitution and proceedings of the Council.”

118For section 129 (grants by Secretary of State to new Councils) substitute—

“129Grants to the Council

(1)The National Assembly for Wales may make to the Council grants of such amounts as the Assembly thinks fit.

(2)A grant under this section may be made subject to such conditions (including in particular conditions as to the use of the money for the purposes of the Joint Nature Conservation Committee) as the Assembly may think fit.”

119In section 130 (countryside functions of Welsh Council)—

(a)in subsection (1), omit “, in place of the Commission established under section 1 of the National Parks and Access to the Countryside Act 1949 (so far as concerns Wales),”, and

(b)in subsection (4), omit “and the Countryside Agency” and “respective”.

120(1)Amend section 131 (nature conservation functions: preliminary) as follows.

(2)For subsection (1) substitute—

“(1)For the purpose of nature conservation and fostering the understanding of nature conservation, the Council shall have the functions conferred on them by this Part and Part 2 of the Natural Environment and Rural Communities Act 2006.”

(3)In subsections (2) and (3), for “the Councils” substitute “the Council”.

(4)For subsection (4) substitute—

“(4)The National Assembly for Wales may give the Council general or specific directions with regard to the discharge of any of their nature conservation functions under this Part.”

(5)Omit subsection (5).

121(1)Amend section 132 (general functions of the Councils) as follows.

(2)In subsection (1)—

(a)for “The Councils shall each” substitute “The Council shall”, and

(b)omit the words from “and the Councils shall” to the end.

(3)In subsection (2), for “The Councils shall each” substitute “The Council shall”.

(4)Omit subsection (3).

(5)In the heading, for “the Councils” substitute “the Council”.

122Omit section 133 (special functions of the Councils).

123(1)Amend section 134 (grants and loans by Councils) as follows.

(2)In subsection (1)—

(a)for “The Councils may each” substitute “The Council may”, and

(b)for “the Secretary of State” substitute “the National Assembly for Wales”.

(3)Omit subsection (2).

(4)In subsection (3), for “a Council” substitute “the Council”.

(5)In subsection (4), for “The Councils” substitute “The Council”.

(6)In the heading, for “the Councils” substitute “the Council”.

124Omit sections 135 to 138 (dissolution of Nature Conservancy Council etc.).

125In section 161 (regulations, orders and directions), in subsection (4)(b), after “under section” insert “128(3)”.

126(1)Amend Schedule 6 as follows.

(2)Omit paragraphs 1 and 15(1).

(3)For the heading, substitute “The Countryside Council for Wales: Constitution.”

127Omit Schedules 7 (the Joint Nature Conservation Committee) and 10 (transfer schemes and staff of existing councils).

Deer Act 1991 (c. 54)

128(1)Amend section 8 (exceptions for persons licensed by the Nature Conservancy Council for England or the Countryside Council for Wales) as follows.

(2)In subsections (1) and (4), for “English Nature” substitute “Natural England”.

(3)In the heading, for “the Nature Conservancy Council for England” substitute “Natural England”.

Water Industry Act 1991 (c. 56)

129(1)Amend section 4 (environmental duties with respect to sites of special interest) as follows.

(2)In subsection (1)—

(a)for “English Nature” substitute “Natural England”, and

(b)for “that Council” substitute “Natural England or (as the case may be) the Council”.

(3)In subsection (4), for “English Nature” substitute “Natural England”.

130In section 5 (codes of practice with respect to environmental and recreational duties), in subsection (4)(b), for “the Countryside Agency, English Nature” substitute “Natural England”.

131(1)Amend section 156 (restriction on disposals of land) as follows.

(2)In subsection (4)(c), for sub-paragraphs (i) and (ii) substitute—

“(i)consult with Natural England (as respects land in England) or the Countryside Council for Wales (as respects land in Wales); and

(ii)enter into such management agreements or such covenants under subsection (6) below as the Secretary of State may determine;”.

(3)In subsection (4)(d)—

(a)for “the Countryside Agency” substitute “Natural England”, and

(b)for “that Agency or Council” substitute “Natural England or the Countryside Council for Wales”.

(4)In subsection (8), omit “and” preceding the definition of “the Broads” and after that definition insert—

““management agreement” means—

(a)in relation to land in England, an agreement under section 39 of the Wildlife and Countryside Act 1981 or section 7 of the Natural Environment and Rural Communities Act 2006;

(b)in relation to land in Wales, an agreement under section 39 of the Wildlife and Countryside Act 1981.”

132In Schedule 1A (the Water Services Regulation Authority), omit paragraph 11.

Water Resources Act 1991 (c. 57)

133In Schedule 6 (orders relating to abstraction of small quantities and compulsory registration of protected rights), in paragraph 1(4)(g), for “English Nature” substitute “Natural England”.

Land Drainage Act 1991 (c. 59)

134(1)Amend section 61C (duties with respect to sites of special scientific interest) as follows.

(2)In subsection (1)—

(a)for “English Nature” substitute “Natural England”, and

(b)for “that Council” substitute “Natural England or the Countryside Council for Wales”.

(3)In subsection (4), for “English Nature” substitute “Natural England”.

135In section 61E (codes of practice), in subsection (4)(b), for “the Countryside Agency, English Nature” substitute “Natural England”.

Transport and Works Act 1992 (c. 42)

136In section 6 (applications for orders relating to railways, tramways, inland waterways etc.), in subsection (7)—

(a)in paragraph (a), for “the Countryside Agency” substitute “Natural England”, and

(b)omit paragraph (e) and “and” preceding it.

Protection of Badgers Act 1992 (c. 51)

137In section 10 (licences)—

(a)in subsections (1), (3), (4) and (6), for “the appropriate Conservancy Council” (in each place) substitute “the appropriate conservation body”,

(b)in subsection (4)(a), for “English Nature” substitute “Natural England”, and

(c)in subsection (6), for “Council's” substitute “body's”.

Agriculture Act 1993 (c. 37)

138Omit section 20 (functions under section 19 of the Agricultural Marketing Act 1958).

Agriculture (Northern Ireland) Order 1993 (S.I. 1993/2665 (N.I. 10))

139Omit Article 22 (functions of certain bodies in relation to agricultural marketing schemes).

Environment Act 1995 (c. 25)

140In section 4 (principal aims and objectives of the Environment Agency), in subsection (5), for the words from “after consultation with the Agency and such other bodies or persons as” substitute “after consultation with—

“(a)the Agency,

(b)Natural England, and

(c)such other persons as”.

141(1)Amend section 8 (environmental duties with respect to sites of special interest) as follows.

(2)In subsection (1)—

(a)for “English Nature” substitute “Natural England”, and

(b)for “that Council” substitute “the Agency or (as the case may be) the Council”.

(3)In subsection (4), for “English Nature” substitute “Natural England”.

142In section 9 (codes of practice with respect to environmental and recreational duties), in subsection (3)(b), for “the Countryside Agency, English Nature,” substitute “Natural England”.

143In section 66 (National Park Management Plans), in subsection (7)(a), for “the Countryside Agency and English Nature” substitute “Natural England”.

144In section 72 (National Park grant), in subsection (2), for “the Countryside Agency” substitute “Natural England”.

145In section 99 (consultation before making or modifying certain subordinate legislation for England), in subsection (2), for paragraphs (b) and (c) substitute—

“(b)Natural England;”.

146In Schedule 7 (National Park authorities), in paragraphs 4(1) and 14(3), for “the Countryside Agency” substitute “Natural England”.

Channel Tunnel Rail Link Act 1996 (c. 61)

147In Schedule 6 (planning conditions), in the table in paragraph 27(4), for the entries relating to English Nature and the Countryside Agency substitute—

148In Schedule 14 (overhead lines: consent), in the table in paragraph 7(4), for the entries relating to English Nature and the Countryside Agency substitute—

Government of Wales Act 1998 (c. 38)

149In Schedule 4 (public bodies subject to reform by Assembly), omit paragraph 6.

150In Schedule 5 (bodies and offices covered by section 74), omit paragraph 21.

Greater London Authority Act 1999 (c. 29)

151In section 352 (the Mayor’s biodiversity action plan), in subsection (3), for paragraphs (a) and (b) substitute—

“(a)Natural England, and”.

152In section 408 (transfer of property, rights or liabilities), in subsection (3), for paragraph (g) substitute—

“(g)Natural England;”.

Freedom of Information Act 2000 (c. 36)

153(1)In Schedule 1 (public authorities), amend Part 6 as follows.

(2)Insert at the appropriate places—

“Commission for Rural Communities.”, and

“Natural England.”

(3)Omit the entries relating to—

(a)the Committee of Investigation for Great Britain,

(b)the consumers' committee for Great Britain appointed under section 19 of the Agricultural Marketing Act 1958,

(c)the Countryside Agency, and

(d)English Nature.

Countryside and Rights of Way Act 2000 (c. 37)

154In section 1 (principal definitions for Part 1), in subsection (2), in paragraph (a) of the definition of “the appropriate countryside body”, for “the Countryside Agency” substitute “Natural England”.

155In section 4 (duty to prepare maps), in subsection (1), for “the Countryside Agency” substitute “Natural England”.

156(1)Amend section 20 (codes of conduct and other information) as follows.

(2)In subsection (1), for “the Countryside Agency” substitute “Natural England”.

(3)In subsection (3), for “the Countryside Agency” substitute “Natural England”.

157In section 26 (nature conservation and heritage preservation), in subsection (6)(a)(i), for “, English Nature” substitute “in respect of which Natural England is not the relevant authority, Natural England”.

158In section 33 (guidance by countryside bodies to National Park authorities)—

(a)in subsections (1) and (3), for “The Countryside Agency”, and

(b)in subsection (4), for “the Countryside Agency”,

substitute “Natural England”.

159In section 58 (application for path creation order), for subsection (1) substitute—

“(1)An application for the making of a public path creation order under section 26(2) of the 1980 Act may be made—

(a)by Natural England to the Secretary of State, or

(b)for the purpose of enabling the public to obtain access to any access land (within the meaning of Part 1) or of facilitating such access, by the Countryside Council for Wales to the National Assembly for Wales.”

160In section 61 (rights of way improvement plans: supplemental), in subsection (1)(f), for “the Countryside Agency” substitute “Natural England”.

161Omit section 73 (Nature Conservancy Council for England: change of name).

162Omit section 74 (conservation of biological diversity).

163In section 82 (designation of areas of outstanding natural beauty), in subsection (1)—

(a)for “the Countryside Agency (in this Part referred to as “the Agency”)” substitute “Natural England”, and

(b)for “the Agency may” substitute “Natural England may”.

164In each of the following provisions for “the Agency” substitute “Natural England”—

(a)section 83(1), (2), (3), (5), (8) and (9);

(b)section 84(1)(a) and (3);

(c)section 86(6)(a);

(d)section 90(1)(a)(i);

(e)section 91(2);

(f)in Schedule 13, paragraph 6(1).

165In section 85 (general duty of public bodies etc.), in subsection (3), after the definition of “public office” insert—

““statutory undertaker” means a person who is or is deemed to be a statutory undertaker for the purposes of any provision of Part 11 of the Town and Country Planning Act 1990”.

166In section 87 (general purposes and powers), in subsection (2), omit “, but without incurring significant expenditure in doing so,”.

167In section 90 (supplementary provisions relating to management plans for areas of outstanding natural beauty), in subsection (1)(a)(i), omit “and English Nature”.

168In section 92 (interpretation of Part 4 etc.), in subsection (1), omit the definition of “the Agency”.

169In section 101 (expenses), omit paragraph (a).

170(1)In Schedule 11 (transitional provisions and savings relating to sites of special scientific interest), in paragraph 7, after sub-paragraph (2) insert—

“(3)In relation to a site of special scientific interest which is the subject of a notification to which this paragraph applies—

(a)section 28B (notification of additional land) shall have effect as if subsection (3) were omitted; and

(b)section 28C (enlargement of SSSI) shall have effect as if subsection (4) were omitted.”

(2)In the heading to paragraph 7, for “section 28A” substitute “sections 28A to 28C”.

Scottish Public Services Ombudsman Act 2002 (asp 11)

171In Schedule 2 (listed authorities), in Part 2, omit paragraphs 62 and 65.

Water Act 2003 (c. 37)

172In Schedule 1 (the Water Services Regulation Authority), in the Schedule 1A to be inserted in the Water Industry Act 1991, omit paragraph 11.

Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4)

173In Schedule 2 (the specified authorities), omit the entry relating to the Hill Farming Advisory Committee for Scotland.

Civil Contingencies Act 2004 (c. 36)

174In Schedule 1 (Category 1 and 2 responders), after paragraph 11 insert—

“11ANatural England.”

Part 2Inland waterways

175(1)In—

(a)the provisions listed in sub-paragraph (2), and

(b)subordinate legislation (within the meaning of the Interpretation Act 1978 (c. 30)),

for “Inland Waterways Amenity Advisory Council” (in each place) substitute “Inland Waterways Advisory Council”.

(2)The provisions are—

• paragraph 2(2) of Schedule 13 to the Transport Act 1968 (c. 73);

• in the House of Commons Disqualification Act 1975 (c. 24), Part 3 of Schedule 1;

• in the Race Relations Act 1976 (c. 74), Part 2 of Schedule 1A;

• in the British Waterways Act 1983 (c. ii), paragraph 1(c) of Schedule 1;

• in the British Waterways Act 1995 (c. i), paragraphs 6(c), 7(1), 8, 9 and 12(a) of Schedule 2;

• in the Freedom of Information Act 2000 (c. 36), Part 6 of Schedule 1.

176In Part 1 of Schedule 17 to the Transport Act 1968 (provisions extending to Northern Ireland), omit “and 110”.

Section 105(2)

SCHEDULE 12Repeals and revocations