Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Natural England and the Commission for Rural Communities
Constitution and general purpose
There is to be a body known as Natural England.
Natural England is to have the functions conferred on it by or under this Act or any other enactment.
Except where otherwise expressly provided, Natural England's functions are exercisable in relation to England(including, where the context requires, the territorial sea adjacent to England) only.
An order or Order in Council made—applies for the purposes of this section as it applies for the purposes of the Act under which it is made.
under section 158(3) of the Government of Wales Act 2006 for the purposes of determining which waters are treated as being adjacent to Wales, or
under section 126(2) of the Scotland Act 1998 for the purposes of determining which waters are treated as being adjacent to Scotland,
English Nature and the Countryside Agency are dissolved and their functions are (subject to the provisions of this Act) transferred to Natural England.
Schedule 1 contains provisions about the constitution of Natural England and related matters.
Natural England's general purpose is to ensure that the natural environment is conserved, enhanced and managed for the benefit of present and future generations, thereby contributing to sustainable development.
Natural England's general purpose includes—
promoting nature conservation and protecting biodiversity,
conserving and enhancing the landscape,
securing the provision and improvement of facilities for the study, understanding and enjoyment of the natural environment,
promoting access to the countryside and open spaces and encouraging open-air recreation, and
contributing in other ways to social and economic well-being through management of the natural environment.
The purpose in subsection (2)(e) may, in particular, be carried out by working with local communities.
Advisory functions
Natural England must keep under review all matters relating to its general purpose.
When reviewing any matter, Natural England must consult such bodies as appear to it to have an interest in the matter.
Natural England may—
undertake research into any matter relating to its general purpose, or
commission or support (by financial means or otherwise) research into any such matter.
In discharging its functions in monitoring nature conservation, carrying out research or analysing the resultant information, Natural England must have regard to common standards established under section 34(2)(c).
Natural England must, at the request of a public authority, give advice to that authority on any matter relating to Natural England's general purpose.
Natural England is not required by subsection (1) to give advice in response to a request to which subsection (1B) applies that is made by a public authority other than a Minister of the Crown.
This subsection applies to a request for advice relating to—
a specific development that requires, but has not been granted, planning permission under section 57 of the Town and Country Planning Act 1990 (“the 1990 Act”),
an application for any consent, agreement or approval required by a condition imposed on a grant of planning permission required under that section,
permission in principle for a specific development under section 58A of the 1990 Act, and
the approval of a reserved matter within the meaning of section 92 of the 1990 Act.
Natural England may give advice in response to a request to which it is not required to respond as a result of subsection (1A).
Subsection (3) applies if Natural England has reason to believe that advice given under subsection (1) or (1C) has been rejected.
At the request of Natural England, the public authority must inform Natural England in writing whether the advice has been rejected and, if so, why.
Natural England may give advice to any person on any matter relating to its general purpose—
at the request of that person, or
if Natural England thinks it appropriate to do so, on its own initiative.
The advice that may be given under this section includes, in relation to any power to make byelaws, recommendations as to the matters in respect of which byelaws should be made.
Natural England must prepare and publish a statement setting out how it intends to deal with requests for advice which it is not required to give as a result of section 4(1A).
Natural England must review the statement before the end of—
the period of five years beginning with the day on which it is first published, and
each successive period of five years.
Natural England may review the statement more than once during any of those periods.
Natural England may revise the statement following a review.
Natural England must publish any revised statement.
Before publishing a statement (including a revised statement) under this section, Natural England must—
consult the Secretary of State, and
make any changes to the statement that the Secretary of State may require in response.
But the duty in subsection (6) does not apply in relation to the publication of a revised statement which, in the opinion of Natural England, contains no substantial revisions.
The Secretary of State may require a change as mentioned in subsection (6)(b) only if the Secretary of State considers that the change would promote Natural England’s general purpose.
General implementation powers
Natural England may—
carry out proposals which appear to it to further its general purpose, or
assist in, coordinate or promote the carrying out of such proposals by others.
Natural England may give financial assistance to any person, if doing so appears to it to further its general purpose.
Financial assistance under this section may be given in any form, and may in particular be given by way of a grant, a loan or a guarantee.
Financial assistance under this section may be given subject to conditions, including (in the case of a grant) conditions for repayment in specified circumstances.
Natural England may, if doing so appears to it to further its general purpose, provide assistance to any person by making available goods or equipment free of charge or at a reduced cost.
Natural England may make an agreement (a “management agreement) with a person who has an interest in land about the management or use of the land, if doing so appears to it to further its general purpose.
A management agreement may, in particular—
impose on the person who has an interest in the land obligations in respect of the use of the land;
impose on the person who has an interest in the land restrictions on the exercise of rights over the land;
provide for the carrying out of such work as may be expedient for the purposes of the agreement by any person or persons;
provide for any matter for which a management scheme relating to a site of special scientific interest provides (or could provide);
provide for the making of payments by either party to the other party or to any other person;
contain incidental and consequential provision.
A management agreement is, unless the agreement otherwise provides—
binding on persons deriving title under or from the person with whom Natural England makes the agreement, and
enforceable by Natural England against those persons.
Schedule 2 to the Forestry Act 1967 (c. 10) (power for tenant for life and others to enter into forestry dedication covenants) applies to management agreements as it applies to forestry dedication covenants.
For the purposes of any enactment or rule of law as to the circumstances in which the dedication of a highway or the grant of an easement may be presumed, or may be established by prescription, the use by the public or by any person of a way across land at any time while it is the subject of a management agreement is to be disregarded.
“Interest in land” has the same meaning as in the National Parks and Access to the Countryside Act 1949 (c. 97).
“Management scheme” and “site of special scientific interest” have the same meaning as in Part 2 of the Wildlife and Countryside Act 1981 (c. 69).
Natural England may—
make and carry out experimental schemes designed to establish ways in which its general purpose might be furthered, or
promote the making and carrying out of such schemes.
A scheme is experimental if it involves—
the development or application of new methods, concepts or techniques, or
the testing or further development of existing methods, concepts or techniques.
Before making an experimental scheme, Natural England must consult such persons as appear to it to have an interest in the subject matter of the scheme.
Other functions
Natural England may—
publish documents or provide information about any matter relating to its general purpose, or
assist in the provision of such publications or information.
Nothing in any other enactment imposing a duty or conferring a power on Natural England—is to be read as limiting the power conferred by subsection (1).
to publish or assist in the publication of documents of a particular kind, or
to provide or assist in the provision of information of a particular kind,
Natural England may, if the conditions in subsection (2) are met, place the services of its officers or employees, or of any consultants it has engaged, at the disposal of any person.
The conditions are that—
the person has requested Natural England to act under subsection (1), and
Natural England thinks that the request concerns a matter relating to its general purpose and presents special problems or requires special professional or technical skill.
Natural England may provide training in relation to any matters in respect of which it has functions.
Natural England may, with the consent of the Secretary of State, make such charges for its services as appear to it to be reasonable.
“Services” includes, in particular, anything done under—
section 9 (information services etc.);
section 10 (consultancy services).
The Secretary of State may by order make provision requiring charges to be paid in respect of, and for the purpose of meeting the cost of, issuing licences to which this subsection applies.
Subsection (3) applies to licences issued by Natural England under or by virtue of any enactment, other than licences for which charges are payable apart from this section.
An order under subsection (3) may make provision as to—
exemptions from or reductions in charges;
remission of charges in whole or in part.
The power to make an order under subsection (3) is exercisable by statutory instrument.
A statutory instrument containing an order under subsection (3) is subject to annulment in pursuance of a resolution of either House of Parliament.
Natural England may institute criminal proceedings.
A person who is authorised by Natural England to prosecute on its behalf in proceedings before a magistrates' court is entitled to prosecute in such proceedings ....
Natural England may do anything that appears to it to be conducive or incidental to the discharge of its functions.
In particular, Natural England may—
enter into agreements;
acquire or dispose of property;
borrow money;
subject to the approval of the Secretary of State, form bodies corporate or acquire or dispose of interests in bodies corporate;
accept gifts;
invest money.
Powers of Secretary of State
The Secretary of State may make grants to Natural England of such amounts as the Secretary of State thinks fit.
A grant under this section may be made subject to such conditions as the Secretary of State thinks fit.
The Secretary of State must give Natural England guidance as to the exercise of any functions of Natural England that relate to or affect regional planning and associated matters.
The Secretary of State may give Natural England guidance as to the exercise of its other functions.
Before giving guidance under this section the Secretary of State must consult—
Natural England,
the Environment Agency, and
such other persons as the Secretary of State thinks appropriate.
The Secretary of State must publish any guidance given under this section as soon as is reasonably practicable after giving the guidance.
The power to give guidance under this section includes power to vary or revoke it.
In discharging its functions, Natural England must have regard to guidance given under this section.
The Secretary of State may give Natural England general or specific directions as to the exercise of its functions.
Subsection (1) does not apply to functions of Natural England that are exercisable through the Joint Nature Conservation Committee.
The Secretary of State must publish any directions given under this section as soon as is reasonably practicable after giving the directions.
The power to give directions under this section includes power to vary or revoke the directions.
Natural England must comply with any directions given under this section.
The Commission and its general purpose
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Functions
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Powers of Secretary of State
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Transfer schemes etc.
The power conferred by subsection (2) is exercisable in connection with the dissolution of English Nature and the Countryside Agency.
The Secretary of State may make one or more schemes for the transfer of designated property, rights or liabilities of English Nature or the Countryside Agency to—
Natural England,
the Commission,
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a Minister of the Crown.
On the transfer date, the designated property, rights or liabilities are transferred and vest in accordance with the scheme.
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The powers conferred by this section are exercisable in connection with the efficient management for public purposes of any property, rights or liabilities.
The Secretary of State may at any time make one or more schemes for the transfer of designated property, rights or liabilities of a Minister of the Crown to—
Natural England,
the Commission, or
a person acting on behalf of Natural England and the Commission.
The Secretary of State may at any time make one or more schemes for the transfer of designated property, rights or liabilities of—to a Minister of the Crown.
Natural England, or
the Commission,
On the transfer date, the designated property, rights or liabilities are transferred and vest in accordance with the scheme.
The Secretary of State may by written notice require English Nature or the Countryside Agency to provide staff, premises and other facilities on a temporary basis to—
Natural England, or
the Commission.
Interpretation
In this Part—“the Commission” means the Commission for Rural Communities;“Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975 (c. 26);“nature conservation” means the conservation of flora, fauna or geological or physiographical features;“research” includes inquiries and investigations.
For the purposes of this Part, a public authority is any of the following—
a Minister of the Crown;
a public body (including a government department, a local authority and a local planning authority);
a person holding an office—
under the Crown,
created or continued in existence by a public general Act, or
the remuneration in respect of which is paid out of money provided by Parliament;
a statutory undertaker.
In subsection (2)—“local authority” means a county council, a district council, a parish council, a London borough council, the Common Council of the City of London or the Council of the Isles of Scilly;“local planning authority” has the same meaning as in the Town and Country Planning Act 1990 (c. 8);“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.
Nature conservation in the UK
Joint Nature Conservation Committee etc.
The Joint Nature Conservation Committee—
is to continue in existence, but
is to be re-constituted in accordance with Schedule 4.
In this Part “the UK conservation bodies” means—
for England, Natural England;
for Wales, the Natural Resources Body for Wales;
for Scotland, Scottish Natural Heritage;
for Northern Ireland, the Council for Nature Conservation and the Countryside.
In this Part “the GB conservation bodies” means the bodies mentioned in subsection (1)(a) to (c).
The UK conservation bodies and the joint committee have the functions conferred on them by this Part for the purposes of—
nature conservation, and
fostering the understanding of nature conservation.
Each of them must, in discharging their functions under this Part, have regard to—
actual or possible ecological changes, and
the desirability of contributing to sustainable development.
Coordinated functions
The UK conservation bodies have the functions described in subsection (2), but those functions may be discharged only through the joint committee.
The functions are—
providing advice to the appropriate authorities on the development and implementation of policies for or affecting any nature conservation matter which—
arises throughout the United Kingdom and raises issues common to England, Wales, Scotland and Northern Ireland,
arises in one or more (but not all) of those places and affects the interests of the United Kingdom as a whole, or
arises outside the United Kingdom;
providing advice to any persons and disseminating knowledge about any matter falling within paragraph (a)(i), (ii) or (iii);
establishing common standards throughout the United Kingdom for the monitoring of nature conservation and for research into nature conservation and the analysis of the resulting information;
commissioning or supporting (whether by financial means or otherwise) research which the joint committee thinks is relevant to any matter mentioned in paragraphs (a) to (c).
“The appropriate authorities” means—
the Secretary of State (or any other Minister of the Crown),
the National Assembly for Wales,
the Scottish Ministers, and
the relevant Northern Ireland department.
The joint committee may give advice or information to any of the UK conservation bodies on any matter which—
is connected with the functions of that UK conservation body, and
in the opinion of the joint committee—
arises throughout the United Kingdom and raises issues common to England, Wales, Scotland and Northern Ireland,
arises in one or more (but not all) of those places and affects the interests of the United Kingdom as a whole, or
arises outside the United Kingdom.
In discharging their functions relating to nature conservation, the UK conservation bodies must have regard to any advice given to them under subsection (1).
The GB conservation bodies have the functions described in subsection (2), but those functions may be discharged only through the joint committee.
The functions are—
those under sections 22(3) and 24(1) of the 1981 Act (listing of protected animals and plants);
commissioning or supporting (whether by financial means or otherwise) research which the joint committee thinks is relevant to those functions.
“The 1981 Act” means the Wildlife and Countryside Act 1981 (c. 69).
Each of the UK conservation bodies may do anything that appears to it to be conducive or incidental to its functions under this Part.
In particular each of them may for the purposes of its functions under this Part—
acquire or dispose of property;
accept gifts;
undertake research directly related to those functions if it appears appropriate to do so.
Nothing in any of the enactments concerning the functions of the UK conservation bodies prevents any of them—
if requested to do so by any of the others, from giving advice or information to the other, or
from giving advice or information to the joint committee.
“Enactment” includes an Act of the Scottish Parliament and Northern Ireland legislation.
Directions
Before giving any directions under this section, the Secretary of State must consult the National Assembly for Wales, the Scottish Ministers and the relevant Northern Ireland department.
The Secretary of State must publish any directions given under this section as soon as is reasonably practicable after giving the directions.
The power to give directions under this section includes power to vary or revoke the directions.
The joint committee must comply with any directions given under this section.
Interpretation
In this Part—“the joint committee” means the Joint Nature Conservation Committee;“Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975 (c. 26);“nature conservation” means the conservation of flora, fauna or geological or physiographical features;“the relevant Northern Ireland department” means the Department of the Environment in Northern Ireland;“research” includes inquiries and investigations.
Wildlife etc.
Biodiversity
For the purposes of this section “the general biodiversity objective” is the conservation and enhancement of biodiversity in England through the exercise of functions in relation to England.
A public authority which has any functions exercisable in relation to England must from time to time consider what action the authority can properly take, consistently with the proper exercise of its functions, to further the general biodiversity objective.
After that consideration the authority must (unless it concludes there is no new action it can properly take)—
determine such policies and specific objectives as it considers appropriate for taking action to further the general biodiversity objective, and
take such action as it considers appropriate, in the light of those policies and objectives, to further that objective.
The requirements of subsection (1A)(a) may be satisfied (to any extent) by revising any existing policies and specific objectives for taking action to further the general biodiversity objective.
The first consideration required by subsection (1) must be completed by the authority within the period of one year beginning with the day on which section 102 of the Environment Act 2021 comes into force.
Any subsequent consideration required by subsection (1) must be completed no more than five years after the completion of the authority’s previous consideration.
A determination required by subsection (1A)(a) must be made as soon as practicable after the completion of the consideration to which it relates.
Nothing in this section prevents the authority from—
determining or revising policies and specific objectives at any time, or
taking action to further the general biodiversity objective at any time.
In complying with subsections (1) and (1A), a Minister of the Crown or government department must in particular have regard to the United Nations Environmental Programme Convention on Biological Diversity of 1992.
In complying with subsections (1) and (1A) the authority must in particular have regard to—
any relevant local nature recovery strategy, and
any relevant species conservation strategy or protected site strategy prepared by Natural England.
The Secretary of State must issue guidance to local planning authorities as to how they are to comply with their duty under subsection(2A)(a) when complying with subsections (1) and (1A) in their capacity as such authorities.
Guidance under subsection(2B) must be—
published by the Secretary of State in such manner as the Secretary of State thinks fit,
kept under review, and
revised where the Secretary of State considers it appropriate.
The first guidance under subsection(2B) must be published by the Secretary of State within the period of two years beginning with the day on which section 102 of the Environment Act 2021 comes into force.
The action which may be taken by the authority to further the general biodiversity objective includes, in particular, action taken for the purpose of—
conserving, restoring or otherwise enhancing a population of a particular species, and
conserving, restoring or otherwise enhancing a particular type of habitat.
“Public authority” means any of the following—
a Minister of the Crown;
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a public body (including a government department, a local authority and a local planning authority);
a person holding an office—
under the Crown,
created or continued in existence by a public general Act, or
the remuneration in respect of which is paid out of money provided by Parliament;
a statutory undertaker.
In this section—“local authority” means—a county council in England, a district council, a parish council, a London borough council, the Common Council of the City of London or the Council of the Isles of Scilly;..."local planning authority" has the same meaning as in the Town and Country Planning Act 1990 (c. 8);"Minister of the Crown" has the same meaning as in the Ministers of the Crown Act 1975 (c. 26);“statutory undertaker” means a person—who is or is deemed to be a statutory undertaker for the purposes of Part 11 of the Town and Country Planning Act 1990, or who holds a gas system planner licence under section 7AA of the Gas Act 1986 (c. 44)....
This section has effect in relation to Her Majesty’s Revenue and Customs with the following modifications—
the omission from subsection (A1) of the words “in England” and “in relation to England”;
the omission from subsection (1) of the words from “which” to “England”.
In this section references to England include the territorial sea adjacent to England.
This section applies to—
a local authority in England other than a parish council,
a local planning authority in England, and
a designated authority (see subsection(8)(a)).
A public authority to which this section applies (“the authority”) must publish biodiversity reports in accordance with this section.
A biodiversity report so published must contain—
a summary of the action which the authority has taken over the period covered by the report for the purpose of complying with its duties under section 40(1) and (1A),
a summary of the authority’s plans for complying with those duties over the period of five years following the period covered by the report,
any quantitative data required to be included in the report by regulations under subsection (8)(b), and
any other information that the authority considers it appropriate to include in the report.
If the authority is a local planning authority, its biodiversity report must also contain—
a summary of the action taken by the authority in carrying out its functions under Schedule 7A to the Town and Country Planning Act 1990 (biodiversity gain as condition of planning permission) over the period covered by the report,
information about any biodiversity gains resulting or expected to result from biodiversity gain plans approved by the authority during that period, and
a summary of the authority’s plans for carrying out those functions over the five year period following the period covered by the report.
A biodiversity report—
must specify the period covered by the report, and
must be published within the period of 12 weeks following the last day of that period.
The authority’s first biodiversity report must cover a period chosen by the authority which—
is no longer than three years, and
begins with the day on which the authority first becomes subject to the duty under subsection(2).
A subsequent biodiversity report made by the authority must cover a period chosen by the authority which—
is no longer than five years, and
begins with the day after the last day of the period covered by its most recent biodiversity report.
The Secretary of State may by regulations—In this subsection “specified” means specified in the regulations.
provide for specified public authorities, or public authorities of a specified description, to be designated authorities for the purposes of this section;
require biodiversity reports to include specified quantitative data relating to biodiversity in any area of land in England in relation to which the authority exercises any functions.
Public authorities with no functions exercisable in relation to England may not be designated under subsection(8)(a).
The power to make regulations under subsection(8) is exercisable by statutory instrument.
A statutory instrument containing regulations under subsection(8) is subject to annulment in pursuance of a resolution of either House of Parliament.
Terms used in this section and section 40 have the same meaning as in that section.
The Secretary of State must, as respects England, publish a list of the living organisms and types of habitat which in the Secretary of State's opinion are of principal importance for the purpose of conserving or enhancing biodiversity.
Before publishing any list the Secretary of State must consult Natural England as to the living organisms or types of habitat to be included in the list.
Without prejudice to section 40(1) and (1A), the Secretary of State must—
take such steps as appear to the Secretary of State to be reasonably practicable to further the conservation of the living organisms and types of habitat included in any list published under this section, or
promote the taking by others of such steps.
The Secretary of State must, in consultation with Natural England—
keep under review any list published under this section,
make such revisions of any such list as appear to the Secretary of State appropriate, and
publish any list so revised as soon as is reasonably practicable after revising it.
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Pesticides harmful to wildlife
A person is guilty of an offence if he has in his possession a pesticide containing an ingredient that is prescribed for the purposes of this section by an order made by the Secretary of State.
The Secretary of State may not make an order under subsection (1) unless he is satisfied that it is necessary or expedient to do so in the interests of protecting wild birds or wild animals from harm.
It is a defence for a person charged with an offence under this section to prove that his possession of the pesticide was for the purposes of doing anything in accordance with—
provision made by or under the Poisons Act 1972 (c. 66);
regulations made under section 16(2) of the Food and Environment Protection Act 1985 (c. 48);
Regulation (EU) No 528/2012 of the European Parliament and of the Council, as last corrected by a corrigendum (OJ No L 280, 28.10.2017, p 57);
Regulation(EC) No 1107/2009 of the European Parliament and of the Council, as last amended by Regulation (EU) 2019/1009 of the European Parliament and of the Council.
A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding 51 weeks or to a fine not exceeding level 5 on the standard scale (or both).
The court by which a person is convicted of an offence under this section may order the forfeiture of the pesticide in respect of which the offence was committed.
The power to make an order under subsection (1) is exercisable by statutory instrument.
A statutory instrument containing an order under subsection (1) is subject to annulment in pursuance of a resolution of either House of Parliament.
The Secretary of State must take such steps as are reasonably practicable to bring information about the effect of an order under subsection (1) to the attention of persons likely to be affected by the order.
In relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003 (c. 44), the reference in subsection (4) to 51 weeks is to be read as a reference to 6 months.
An inspector may—
enter any premises if he has reasonable grounds to suspect that he may find there evidence that an offence is being committed under section 43,
require any person whom he reasonably believes has information about the formulation, effects or use of any substance found on the premises to give him that information, and
seize any substance found on the premises, if he has reasonable grounds for believing that it is evidence of an offence under section 43.
“Inspector” means—
a person authorised in writing by the Secretary of State to exercise the powers under this section in relation to England;
a person authorised in writing by the National Assembly for Wales to exercise the powers under this section in relation to Wales.
An authorisation under subsection (2) is subject to any conditions or limitations specified in it.
Schedule 2 to the Food and Environment Protection Act 1985 (officers and their powers), other than paragraph 2A(1)(b) of that Schedule, has effect with respect to inspectors as it has effect with respect to persons authorised to enforce Part 3 of that Act.
Subsections (6) and (7) apply where an inspector seizes a substance under subsection (1)(c).
The inspector must give to a person on the premises, or affix conspicuously to some object on the premises, a notice stating—
what he has seized and the ground for seizing it, and
the address for service for any claim for the return of the substance.
The inspector—
may retain the substance for so long as is reasonably necessary for the purposes of any investigation or proceedings in respect of an offence under section 43;
subject to any order for forfeiture under section 43(5) or any claim made within the relevant period by a person entitled to the return of the substance, may retain the substance or, after the relevant period, destroy or otherwise dispose of it.
“The relevant period” means the period ending 28 days after—
any proceedings in respect of an offence under section 43 are finally determined, or
if no such proceedings are brought, the time for bringing such proceedings expires.
The Secretary of State may—
revise or replace such a code.
An inspector must have regard to any relevant provision of a code when discharging any function under any provision mentioned in subsection (1)(a).
But an inspector's failure to have regard to any provision of a code does not make him liable to criminal or civil proceedings.
A code—
is admissible in evidence in any proceedings, and
must be taken into account by a court in any case in which it appears to the court to be relevant.
“Pesticide” means—
a pesticide as defined by section 16(15) of the Food and Environment Protection Act 1985;
anything to which Part 3 of the 1985 Act applies (by virtue of section 16(16) of the Act) as if it were a pesticide.
“Wild bird” and “wild animal” have the same meaning as in Part 1 of the Wildlife and Countryside Act 1981 (c. 69).
“Premises” includes land (including buildings), movable structures, vehicles, vessels, aircraft and other means of transport.
Protection of birds
Amend the Wildlife and Countryside Act 1981 (c. 69) as follows.
In section 1 (protection of wild birds, their nests and eggs), in subsection (1), after paragraph (a) insert—.
At the beginning of the Schedules insert—
In—after “Schedule” insert “ ZA1 or ”.
section 7 (registration etc. of certain captive birds), in subsection (3A)(a)(i) and (c)(i),
In section 1 of the 1981 Act (protection of wild birds, their nests and eggs), for subsection (6) substitute—
In section 6 of the 1981 Act (sale etc. of live or dead wild birds, eggs etc.), for subsection (5) substitute—
In section 7 of the 1981 Act (registration etc. of certain captive birds), in subsection (3A), after paragraph (c) insert—.
Invasive non-native species
After section 14 of the 1981 Act insert—
After section 14ZA of the 1981 Act insert—
Enforcement etc. of provisions relating to wildlife
Schedule 5 contains amendments relating to enforcement powers in connection with wildlife.
Schedule 6 contains provisions extending the time limit for summary proceedings for certain offences relating to wildlife.
In the 1981 Act, before section 67 insert—
For the heading to section 67, substitute “ Application of Parts 2 and 3 to Crown land ”.
Sites of special scientific interest
Amend section 28P of the Wildlife and Countryside Act 1981 (c. 69) (offences) as follows.
After subsection (5) insert—
After subsection (6) insert—
In subsection (7), after “(6)” (in both places) insert “ or (6A) ”.
In section 31 of the 1981 Act (restoration following offence under section 28P), in subsection (1)(b), after “28P(6)” insert “ or (6A) ”.
In section 28D of the 1981 Act (denotification), in subsection (1), for “no longer” substitute “ not ”.
After section 70A of the 1981 Act insert—
After section 28R of the 1981 Act insert—
In section 51 of the 1981 Act (powers of entry), in subsection (1), after paragraph (k) insert—.
In subsection (2) of that section, for “paragraphs (a) to (k)” substitute “ paragraphs (a) to (ka) ”.
National Parks and the Broads
In section 5 of the National Parks and Access to the Countryside Act 1949 (c. 97) (criteria for designating National Parks), after subsection (2) insert—
The amendment made by subsection (1) applies for the purposes of the confirmation or variation on or after the day on which this section comes into force of orders made before that day as it applies for the purposes of the confirmation or variation of orders made on or after that day.
Amend the 1949 Act as follows.
In section 7 (designation and variation of National Parks), in subsection (1), for “county council, county borough council and county district council” substitute “ and local authority ”.
After subsection (6) of that section insert—
In section 9 (development plans relating to National Parks), omit subsection (2).
In Schedule 1, in paragraph 2, after sub-paragraph (2) (local inquiries to be held where objection by local authority not withdrawn) insert—
Amend Schedule 7 to the Environment Act 1995 (c. 25) (National Park authorities) as follows.
In paragraph 1, for sub-paragraphs (2) to (6) (constitution of National Park authorities) substitute—
In paragraph 2 (local authority members), for sub-paragraph (6) substitute—
In paragraph 3 (parish members of English National Park authorities), for sub-paragraph (4) substitute—
For sub-paragraph (6) of that paragraph substitute—
In paragraph 4 (members, other than parish members, appointed by the Secretary of State), in sub-paragraph (2)(a) for “three years” substitute “ four years ”.
In section 11A of the National Parks and Access to the Countryside Act 1949 (c. 97), in subsection (1) (duty of National Park authority to foster economic and social well-being of local communities in National Park), omit “, but without incurring significant expenditure in doing so,”.
Amend section 42 of the Wildlife and Countryside Act 1981 (c. 69) (notification of agricultural operations on moor and heath in National Parks) as follows.
In subsection (1)—
for “The Ministers” substitute “ A National Park authority ”, and
for “a National Park” substitute “ the relevant Park ”.
In subsection (2)(b), for “the Ministers” substitute “ the National Park authority ”.
In subsection (6), for “the Ministers, the Nature Conservancy Council and the Countryside Agency” substitute “ Natural England ”.
For subsection (8) substitute—
In section 51 (powers of entry), in subsection (2)(c), omit “the Ministers or”.
Amend the Norfolk and Suffolk Broads Act 1988 (c. 4) as follows.
In section 2 (functions of the Authority: general), in subsection (1), for paragraphs (a) and (b) substitute—.
In section 17A (general duty of public bodies etc.), in subsection (1), for paragraphs (a) and (b) substitute—.
Any increase in the expenses of the Broads Authority attributable to subsection (2) and not related to protecting the interests of navigation is to be met otherwise than by means of—
charges of a kind mentioned in section 13(1) of the 1988 Act, or
levies under section 14(1) of the 1988 Act.
Amend section 155(4) of the Local Government and Housing Act 1989 (c. 42) (authorities eligible for emergency financial assistance) as follows.
After paragraph (h) insert—
Omit “or” preceding paragraph (h).
Rights of way
Rights of way and mechanically propelled vehicles
No public right of way for mechanically propelled vehicles is created after commencement unless it is—
created (by an enactment or instrument or otherwise) on terms that expressly provide for it to be a right of way for such vehicles, or
created by the construction, in exercise of powers conferred by virtue of any enactment, of a road intended to be used by such vehicles.
For the purposes of the creation after commencement of any other public right of way, use (whenever occurring) of a way by mechanically propelled vehicles is to be disregarded.
An existing public right of way for mechanically propelled vehicles is extinguished if it is over a way which, immediately before commencement—But this is subject to subsections (2) to (8).
was not shown in a definitive map and statement, or
was shown in a definitive map and statement only as a footpath, bridleway or restricted byway.
Subsection (1) does not apply to an existing public right of way if—
it is over a way whose main lawful use by the public during the period of 5 years ending with commencement was use for mechanically propelled vehicles,
immediately before commencement it was not shown in a definitive map and statement but was shown in a list required to be kept under section 36(6) of the Highways Act 1980 (c. 66) (list of highways maintainable at public expense),
it was created (by an enactment or instrument or otherwise) on terms that expressly provide for it to be a right of way for mechanically propelled vehicles,
it was created by the construction, in exercise of powers conferred by virtue of any enactment, of a road intended to be used by such vehicles, or
it was created by virtue of use by such vehicles during a period ending before 1st December 1930.
Subsection (1) does not apply to an existing public right of way over a way if—
before the relevant date, an application was made under section 53(5) of the Wildlife and Countryside Act 1981 (c. 69) for an order making modifications to the definitive map and statement so as to show the way as a byway open to all traffic,
before commencement, the surveying authority has made a determination under paragraph 3 of Schedule 14 to the 1981 Act in respect of such an application, or
before commencement, a person with an interest in land has made such an application and, immediately before commencement, use of the way for mechanically propelled vehicles—
was reasonably necessary to enable that person to obtain access to the land, or
would have been reasonably necessary to enable that person to obtain access to a part of that land if he had had an interest in that part only.
“The relevant date” means—
in relation to England, 20th January 2005;
in relation to Wales, 19th May 2005.
Where, immediately before commencement, the exercise of an existing public right of way to which subsection (1) applies—the right becomes a private right of way for mechanically propelled vehicles for the benefit of the land or (as the case may be) the part of the land.
was reasonably necessary to enable a person with an interest in land to obtain access to the land, or
would have been reasonably necessary to enable that person to obtain access to a part of that land if he had had an interest in that part only,
For the purposes of subsection (3), an application under section 53(5) of the 1981 Act is made when it is made in accordance with paragraph 1 of Schedule 14 to that Act.
For the purposes of subsections (3)(c)(i) and (5)(a), it is irrelevant whether the person was, immediately before commencement, in fact—
exercising the existing public right of way, or
able to exercise it.
Nothing in this section applies in relation to an area in London to which Part 3 of the Wildlife and Countryside Act 1981 (c. 69) does not apply.
Any provision made by virtue of section 48(9) of the Countryside and Rights of Way Act 2000 (c. 37) has effect subject to this section.
Amend section 31 of the Highways Act 1980 (c. 66) (dedication of highway presumed after public use for 20 years) as follows.
After subsection (1) insert—
After subsection (10) insert—
After subsection (11) insert—
In section 31 of the 1980 Act, after subsection (7) insert—
In section 53(3) of the Wildlife and Countryside Act 1981 (modification of definitive map and statement in consequence of certain events)—
in paragraph (b) (expiration of period raising a presumption of dedication), after “public path” insert “ or restricted byway ”, and
in paragraph (c)(i) (discovery of evidence of right of way), after “public path” insert “ , a restricted byway ”.
Amend section 34 of the Road Traffic Act 1988 (c. 52) (prohibition of driving mechanically propelled vehicles elsewhere than on roads) as follows.
In subsection (2), omit “(subject to section 34A of this Act)”.
After subsection (2) insert—
In subsection (6), for “and section 34A of this Act do” substitute “ does ”.
In subsection (7), insert at the appropriate place in the alphabetical order—.
After subsection (7) insert—
In Schedule 7 to the Countryside and Rights of Way Act 2000 (c. 37), omit paragraphs 6 and 7.
In sections 66 and 67—“interest”, in relation to land, includes any estate in land and any right over land (whether exercisable by virtue of the ownership of an estate or interest in the land or by virtue of a licence or agreement) and, in particular, includes rights of common and sporting rights,“mechanically propelled vehicle” does not include a vehicle falling within section 189(1)(c) of the Road Traffic Act 1988 (c. 52) (electrically assisted pedal cycle), and expressions defined for the purposes of Part 3 of the Wildlife and Countryside Act 1981 (c. 69) by section 66(1) of that Act have the same meaning as in that Part.
Traffic regulation in National Parks
After section 22B of the Road Traffic Regulation Act 1984 (c. 27) insert—
Inland waterways
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Flexible administrative arrangements
Powers to enter into agreements
“Specified” means specified in the agreement.
The Secretary of State may enter into an agreement with a designated body authorising that body to perform a DEFRA or DESNZ function—
either in relation to the whole of England or in relation to specified areas in England;
subject to paragraph (a), either generally or in specified cases.
An agreement under this section—
may be cancelled by the Secretary of State at any time, and
does not prevent the Secretary of State from performing a function to which the agreement relates.
“Specified” means specified in the agreement.
A designated body (“A”) may, with the approval of the Secretary of State, enter into an agreement with another designated body (“B”) authorising B to perform a function of A that is related to or connected with a DEFRA or DESNZ function—
either in relation to the whole of England or in relation to specified areas in England;
subject to paragraph (a), either generally or in specified cases.
The Secretary of State's approval may be given—
in relation to a particular agreement or in relation to a description of agreements;
unconditionally or subject to conditions specified in the approval.
Subject to subsection (5), the Secretary of State—
must review an agreement under this section no later than the end of the period of 5 years beginning with the date on which the agreement was entered into or was last reviewed by the Secretary of State, and
if it appears appropriate to do so in the light of the review, may cancel the agreement.
Subject to subsection (5), an agreement under this section may not be varied except—
by agreement between A and B, and
with the approval of the Secretary of State.
An approval given under subsection (1) may provide that subsection (3) or (4) does not apply (or that both of them do not apply).
In this Chapter “designated body” means a body listed in Schedule 7.
The Secretary of State may by order amend Schedule 7 so as to—
add a body to the list, or
remove a body from it.
But the Secretary of State may not exercise the power conferred by subsection (2)(a) unless satisfied that at least one of the purposes or functions of the body to be added to the list is related to or connected with a DEFRA or DESNZ function.
A body to be added to the list need not be a public body.
The power to make an order under subsection (2) is exercisable by statutory instrument.
A statutory instrument containing an order under subsection (2) is subject to annulment in pursuance of a resolution of either House of Parliament.
An agreement may not authorise a designated body to perform a reserved function.
The reserved functions are—
any function whose performance by the designated body would be incompatible with the purposes for which the body was established;
any power of a Minister of the Crown to make or terminate appointments or lay reports or accounts;
any power to make subordinate legislation, give directions or guidance or issue codes of practice (or to vary or revoke any of those things);
any power to fix fees or charges other than a power prescribed for the purposes of this section by an order made by the Secretary of State;
any function of an accounting officer in his capacity as such;
except in relation to an agreement authorising a public body to perform functions—
any power to enter, inspect, take samples or seize anything, and
any other power exercisable in connection with suspected offences;
any function of the Secretary of State under the Water Industry Act 1991 or under any subordinate legislation made under that Act.
any function as principal regulator of an exempt charity (within the meaning of section 25 of the Charities Act 2011).
The power to make an order under subsection (2)(d) is exercisable by statutory instrument.
A statutory instrument containing an order under subsection (2)(d) is subject to annulment in pursuance of a resolution of either House of Parliament.
The maximum period for which an agreement may authorise a designated body to perform—is 20 years.
a DEFRA or DESNZ function, or
a function that is related to or connected with a DEFRA or DESNZ function,
Supplementary
The fact that a function is conferred by or under this Act or an Act passed after the passing of this Act does not prevent it from being the subject of an agreement.
The Secretary of State or a designated body (“A”) may, under an agreement, authorise a designated body (“B”) to perform a function even though under the relevant enactments or subordinate legislation—
the function is conferred on A by reference to specified circumstances or cases and the same type of function is conferred on B in different specified circumstances or cases,
the function is exercisable by A and B jointly,
B is required to be, or may be, consulted about the function (whether generally or in specified circumstances), or
B is required to consent to the exercise of the function (whether generally or in specified circumstances).
An agreement may provide—
for the performance of a function to be subject to the fulfilment of conditions;
for payments to be made in respect of the performance of the function.
A designated body which is authorised under an agreement to perform a function—
is to be treated as having power to do so;
may, unless (or except to the extent that) the agreement provides for this paragraph not to apply—
authorise a committee, sub-committee, member, officer or employee of the body to perform the function on its behalf;
form a body corporate and authorise that body to perform the function on its behalf.
However, where the designated body is a local authority—
subsection (4)(a) is subject to section 84(5)(a), and
section 84 applies in place of subsection (4)(b).
Subject to subsection (4)(b) and section 84, a designated body which is authorised under an agreement to perform a function may not authorise any other body or other person to perform that function.
This section applies where a local authority is authorised under an agreement to perform a function.
Subject to subsection (5), the function that the local authority is authorised to perform is to be treated as a function of the local authority for the purposes of—
any power of a local authority to arrange for the discharge of the function by any person mentioned in subsection (3), and
any power of a person mentioned in subsection (3) to arrange for the discharge of a function by any other person mentioned there.
The persons are any committee, sub-committee, member, officer or employee of the local authority.
“Committee” does not include a joint committee of two or more local authorities.
If the local authority is operating executive arrangements—
the function is to be treated as a function of the local authority for the purposes of section 13 of the Local Government Act 2000 (c. 22), and
if (or to the extent that) the function is the responsibility of the executive of the local authority—
subsection (2) does not apply, and
“Executive arrangements” and “executive” have the same meaning as in Part 2 of the 2000 Act.
An agreement may provide that the provisions of subsection (2) or those mentioned in subsection (5)(b)(ii) do not apply (or do not apply to a specified extent).
An agreement, and any approval given by the Secretary of State under section 79, must be in writing.
The Secretary of State must arrange for a copy of an agreement to be published in a way that the Secretary of State thinks is suitable for bringing it to the attention of persons likely to be affected by it.
No power of a Minister of the Crown under any enactment to give directions to a statutory body extends to giving a direction—
requiring it to enter into an agreement;
prohibiting it from entering into an agreement;
requiring it to include, or prohibiting it from including, particular terms;
requiring it to negotiate, or prohibiting it from negotiating, a variation or termination of an agreement.
Schedule 15 to the Deregulation and Contracting Out Act 1994 (c. 40) (restrictions on disclosure of information) applies in relation to an authorisation by a designated body under this Chapter as it applies in relation to an authorisation under section 69 of that Act by an office-holder.
In this Chapter “DEFRA or DESNZ function” means—
a function which at the material time falls to be performed by or through the Department for Environment, Food and Rural Affairs, or
a former DEFRA function which at the material time falls to be performed by or through the Department for Energy Security and Net Zero.
In subsection (2) “former DEFRA function” has the meaning given by article 2(3) of the Secretary of State for Energy and Climate Change Order 2009(and see also the Secretaries of State for Business, Energy and Industrial Strategy, for International Trade and for Exiting the European Union and the Transfer of Functions (Education and Skills) Order 2016) and the Secretaries of State for Energy Security and Net Zero, for Science, Innovation and Technology, for Business and Trade, and for Culture, Media and Sport and the Transfer of Functions (National Security and Investment Act 2021 etc) Order 2023 (S.I. 2023/424).
A certificate issued by the Secretary of State that a function falls to be performed as mentioned in subsection (2) is conclusive evidence of that fact.
In this Chapter—“designated body” has the meaning given by section 80;“local authority” means—a local authority as defined in section 1(a) of the Local Government Act 2000 (c. 22), and the Greater London Authority;“Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975 (c. 26);“subordinate legislation” has the same meaning as in the Interpretation Act 1978 (c. 30).
Power to create boards
The appropriate authority may by order—
establish a body for a purpose or purposes falling within section 88, and
assign to it a function or functions falling within section 89.
The order must specify the area or areas in relation to which assigned functions are exercisable.
The areas which may be specified under subsection (2) are—
England or an area in England;
Wales or an area in Wales;
Scotland or an area in Scotland;
Northern Ireland or an area in Northern Ireland;
any combination of any of the areas mentioned in paragraphs (a) to (d).
In this Chapter—“the appropriate authority” has the meaning given by section 96;“board” means a body established by an order under this section;“section 87 order” means an order under this section.
A board is to be known by a name specified in the order.
Schedule 8 contains provisions about the constitution of boards and related matters.
The purposes referred to in section 87(1)(a) are—
increasing efficiency or productivity in an agricultural or related industry;
improving marketing in an agricultural or related industry;
improving or developing services that an agricultural or related industry provides or could provide to the community;
improving the ways in which an agricultural or related industry contributes to sustainable development.
A section 87 order must specify—
the purpose or purposes for which the board is established, and
the industry to which the order relates.
For the purposes of subsection (2)(b), it does not matter whether the specified industry is regarded for any other purpose as—
an industry,
a group of industries, or
a sector or sectors of an industry.
“Agriculture” includes horticulture, fruit growing, seed growing, dairy farming and livestock breeding and keeping, and the use of land as grazing land, meadow land, osier land, market gardens and nursery grounds.
“Related industry” means an industry which is concerned with the production, processing, manufacture, marketing or distribution of—
anything (including any creature alive or dead) produced in the course of agriculture, and
any product which is derived to any substantial extent from anything so produced.
“Services” includes environmental and educational services.
The functions referred to in section 87(1)(b) are—
a function specified in Schedule 9 (a “Schedule 9 function”);
a function which, immediately before the commencement of the section 87 order, is a function of an existing levy body (“an existing function”);
a function which is a more limited version of a Schedule 9 function or an existing function;
a function which is a combination of two or more Schedule 9 functions or existing functions;
any additional function, if it appears to the appropriate authority—
to be related or similar to, or connected with, any function being assigned by virtue of any of paragraphs (a) to (d), or
to be capable of being conveniently exercised in association with any function being so assigned.
In this Chapter “existing levy body” means—
the British Potato Council;
the Home-Grown Cereals Authority;
the Horticultural Development Council;
the Meat and Livestock Commission;
the Milk Development Council.
Where the Secretary of State makes or has made an order under section 87(1)(a) establishing a body, the functions that may be assigned to the body under section 87(1)(b) by the Secretary of State include functions that are exercisable in relation to England, Wales, Northern Ireland or Scotland and relate to—
collecting, managing and making available information regarding the identification, movement and health of animals, or
the means of identifying animals.
An order of the Secretary of State assigning functions under section 87(1)(b) by virtue of subsection (1) may only be made with the approval of—
the Welsh Ministers, if the functions are exercisable in relation to Wales,
the Department of Agriculture, Environment and Rural Affairs in Northern Ireland, if the functions are exercisable in relation to Northern Ireland, and
the Scottish Ministers, if the functions are exercisable in relation to Scotland.
Provision made by virtue of subsection (1) may not require or authorise the disclosure or use of information in contravention of the data protection legislation (within the meaning of section 3 of the Data Protection Act 2018).
In this section “animals” has the same meaning as it has for the purposes of section 8 of the Animal Health Act 1981.
Power to dissolve existing levy bodies and boards
The appropriate authority may by order provide for the dissolution of any or all of the existing levy bodies.
If an order is made providing for the dissolution of the Home-Grown Cereals Authority, the order must provide for the Cereals Marketing Act 1965 (c. 14) to cease to have effect.
If an order is made providing for the dissolution of the Meat and Livestock Commission, the order must provide for the relevant provisions of the Agriculture Act 1967 (c. 22) to cease to have effect.
If an order is made providing for the dissolution of—the order must provide for the revocation of the development council order establishing the Council.
the British Potato Council,
the Horticultural Development Council, or
the Milk Development Council,
“Development council order” has the meaning given by section 1(2) of the Industrial Organisation and Development Act 1947 (c. 40) (power to establish development councils etc.).
The appropriate authority may by order provide for the dissolution of a board.
An order under this section must provide for the revocation of the section 87 order.
Subsection (2) applies if an order is made providing for—
the dissolution of an existing levy body, or
the dissolution of a board.
The order may provide for the transfer of any property, rights or liabilities of the existing levy body or board.
Subsection (4) applies if an order is made providing for—
the dissolution of an existing levy body, or
the dissolution of a board in relation to which provision has been made by virtue of paragraph 5 of Schedule 10 (levies).
The order must provide for the application of any surplus—
for the purposes for which the existing levy body or board was established, or
for connected purposes.
“Surplus” means an amount by which the assets of the existing levy body or board exceeds its liabilities and expenses.
Powers of appropriate authority
The appropriate authority may make grants to a board of such amounts as the appropriate authority thinks fit.
A grant under this section may be made subject to such conditions as the appropriate authority thinks fit.
The appropriate authority may give a board general or specific directions as to the exercise of its functions.
The appropriate authority must publish any directions given under this section as soon as is reasonably practicable after giving the directions.
The power to give directions under this section includes power to vary or revoke the directions.
A board must comply with any directions given under this section.
Supplementary
In this Chapter “the appropriate authority” means—
in relation to matters concerning England only, the Secretary of State;
in relation to matters concerning Wales only, the National Assembly for Wales;
in relation to matters concerning Scotland only, the Scottish Ministers;
in relation to matters concerning Northern Ireland only, the relevant Northern Ireland department;
in relation to the matters mentioned in subsection (2), the Secretary of State acting with the approval of the National Assembly for Wales, the Scottish Ministers or (as the case may be) the relevant Northern Ireland department.
The matters referred to are—
making a section 87 order establishing a board which has cross-border functions;
making appointments to such a board or exercising other powers in relation to a cross-border function of a board.
“Cross-border functions” means functions relating to—
England, and
Wales, Scotland or Northern Ireland.
The Scottish Ministers may not give their approval for the purposes of subsection (1)(e) to the making of—unless a draft of the order has been laid before, and approved by a resolution of, the Scottish Parliament.
an order establishing a board whose cross-border functions include functions relating to Scotland, or
an order dissolving an existing levy body or a board whose cross-border functions include functions relating to Scotland,
In this Chapter “the relevant Northern Ireland department” means the Department of Agriculture and Rural Development in Northern Ireland.
An order under this Chapter may include supplementary, incidental, consequential, transitory, transitional or saving provision.
An order under this Chapter making provision of a description referred to in subsection (1) may—whenever passed or made.
amend or repeal any enactment, or
amend or revoke any subordinate legislation,
“Enactment” includes Acts of the Scottish Parliament and Northern Ireland legislation.
“Subordinate legislation” has the same meaning as in the Interpretation Act 1978 (c. 30), except that it includes any instrument made under an Act of the Scottish Parliament and any instrument within the meaning of section 1(c) of the Interpretation Act (Northern Ireland) 1954 (c. 33 N.I.).
Before making any order under this Chapter the appropriate authority must consult such organisations as appear to it to be representative of interests substantially affected by the proposed order.
Subject to subsection (7), any power to make an order under this Chapter is exercisable by statutory instrument.
Any power of the relevant Northern Ireland department to make an order under this Chapter is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I.12)).
An order under this Chapter may not be made—
by the Secretary of State, unless a draft of the statutory instrument containing the order has been laid before, and approved by a resolution of, each House of Parliament;
by the Scottish Ministers, unless a draft of the statutory instrument containing the order has been laid before, and approved by a resolution of, the Scottish Parliament;
by the relevant Northern Ireland department, unless a draft of the statutory rule containing the order has been laid before, and approved by a resolution of, the Northern Ireland Assembly.
The Secretary of State may give or arrange for the giving of financial assistance in respect of expenditure incurred or to be incurred in any matter related to or connected with a DEFRA or DESNZ function.
Financial assistance under this section may be given in any form, and may in particular be given by way of a grant, a loan or a guarantee.
Financial assistance under this section may be given subject to such conditions as may be determined by, or in accordance with arrangements made by, the Secretary of State.
The conditions may, in particular, include (in the case of a grant) conditions for repayment in specified circumstances.
“DEFRA or DESNZ function” means—
a function which falls to be performed by or through the Department for Environment, Food and Rural Affairs, or
a former DEFRA function which falls to be performed by or through the Department for Energy Security and Net Zero.
In subsection (5) “former DEFRA function” has the meaning given by article 2(3) of the Secretary of State for Energy and Climate Change Order 2009(and see also the Secretaries of State for Business, Energy and Industrial Strategy, for International Trade and for Exiting the European Union and the Transfer of Functions (Education and Skills) Order 2016) and the Secretaries of State for Energy Security and Net Zero, for Science, Innovation and Technology, for Business and Trade, and for Culture, Media and Sport and the Transfer of Functions (National Security and Investment Act 2021 etc) Order 2023 (S.I. 2023/424).
A certificate issued by the Secretary of State that a function falls to be performed as mentioned in subsection (5) is conclusive evidence of that fact.
The power to give financial assistance under this section may be exercised even though a more specific power to give financial assistance exists.
Miscellaneous
The fact that an area in England or Wales consists of or includes—does not prevent it from being treated, for the purposes of any enactment (whenever passed), as being an area of natural beauty (or of outstanding natural beauty).
land used for agriculture or woodlands,
land used as a park, or
any other area whose flora, fauna or physiographical features are partly the product of human intervention in the landscape,
In the Water Resources Act 1991 (c. 57), in Schedule 25, in paragraph 5(1) (power of Environment Agency to make byelaws for securing efficient working of drainage system), for the words from “necessary for securing” to the end of paragraph 5(1) substitute
In paragraph 5(5) of that Schedule, after “banks” insert “ , drainage ”.
In the Land Drainage Act 1991 (c. 59), in section 66(1) (power of land drainage authorities etc. to make byelaws for securing efficient working of drainage system), for the words from “necessary for securing” to the end of section 66(1) substitute
The following are abolished—
the advisory committee for England, Wales and Northern Ireland established under section 32 of the Hill Farming Act 1946 (c. 73),
the sub-committee for Wales and Monmouthshire established under that section,
the advisory committee for Scotland established under that section,
the consumers' committees and committees of investigation established under section 19 of the Agricultural Marketing Act 1958 (c. 47), and
the committee of investigation established under Article 21 of the Agricultural Marketing (Northern Ireland) Order 1982 (S.I. 1982/1080 (N.I. 12)).
Final provisions
The appropriate authority may enter into an agreement under section 7 as respects an interest in Crown land held by or on behalf of the Crown.
An agreement under section 7 as respects any other interest in Crown land is of no effect unless approved by the appropriate authority.
“Crown land” means land an interest in which—
belongs to Her Majesty in right of the Crown,
belongs to Her Majesty in right of the Duchy of Lancaster,
belongs to the Duchy of Cornwall, or
belongs to a government department or is held in trust for Her Majesty for the purposes of a government department.
“The appropriate authority”, in relation to any land, means—
if the land belongs to Her Majesty in right of the Crown, the Crown Estate Commissioners or other government department having the management of the land in question;
if the lands belongs to Her Majesty in right of the Duchy of Lancaster, the Chancellor of the Duchy;
if the land belongs to the Duchy of Cornwall, such person as the Duke of Cornwall, or the possessor for the time being of the Duchy of Cornwall, appoints;
if the land belongs to a government department or is held in trust for Her Majesty for the purposes of a government department, that department.
If any question arises under this section as to what authority is the appropriate authority in relation to any land, that question is to be referred to the Treasury, whose decision is final.
In Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672), the reference to the Wildlife and Countryside Act 1981 (c. 69) is to be read as a reference to the 1981 Act as amended by this Act.
The Secretary of State may by order make such supplementary, incidental, consequential, transitory, transitional or saving provision as the Secretary of State considers necessary or expedient for the purposes of, in consequence of or for giving full effect to any provision of this Act.45
An order under subsection (1) may—
amend or repeal any enactment contained in an Act passed on or before the last day of the Session in which this Act is passed;
amend or revoke any subordinate legislation made before the passing of this Act.
“Subordinate legislation” has the same meaning as in the Interpretation Act 1978 (c. 30)).
The power to make an order under subsection (1) is exercisable by statutory instrument.
An order under subsection (1) which contains any provision (whether alone or with other provisions) made by virtue of subsection (2)(a) may not be made unless a draft of the statutory instrument containing the order has been laid before, and approved by a resolution of, each House of Parliament.
A statutory instrument containing any other order under subsection (1) is subject to annulment in pursuance of a resolution of either House of Parliament.
Schedule 11 contains minor and consequential amendments.
Schedule 12 contains repeals and revocations.
There is to be paid out of money provided by Parliament—
any expenditure incurred by a Minister of the Crown in consequence of this Act, and
any increase attributable to this Act in the sums payable by virtue of any other Act out of money so provided.
Part 1 (Natural England and the Commission for Rural Communities) comes into force in accordance with provision made by order by the Secretary of State.
Part 2 (nature conservation in the UK) comes into force in accordance with provision made by order by the Secretary of State, after consulting the Scottish Ministers and the Department of Agriculture and Rural Development in Northern Ireland.
In Parts 3 to 5 (wildlife etc., SSSIs, National Parks and the Broads)—
section 59 comes into force at the end of the period of two months beginning with the day on which this Act is passed, and
the other provisions come into force in accordance with provision made by order by the Secretary of State.
Part 6 (rights of way) comes into force in accordance with provision made by order by—
the Secretary of State (in relation to England), or
the National Assembly for Wales (in relation to Wales).
Part 7 (inland waterways) comes into force in accordance with provision made by order by the Secretary of State, after consulting the Scottish Ministers.
In Part 8 (flexible administrative arrangements)—
Chapter 1 comes into force in accordance with provision made by order by the Secretary of State,
Chapter 2 comes into force in accordance with provision made by order by the Secretary of State, after consulting the Scottish Ministers and the Department of Agriculture and Rural Development in Northern Ireland, and
Chapter 3 comes into force in accordance with provision made by order by the Secretary of State.
In Part 9 (miscellaneous)—
section 99 (natural beauty in the countryside) comes into force at the end of the period of two months beginning with the day on which this Act is passed, and
section 101 (abolition of certain agricultural etc. committees) comes into force in accordance with provision made by order by the Secretary of State, after consulting the Scottish Ministers and the Department of Agriculture and Rural Development in Northern Ireland.
In this Part—
section 105 and Schedules 11 and 12, so far as relating to a provision which extends to Northern Ireland only, comes into force in accordance with provision made by order by the Secretary of State, after consulting the Department of Agriculture and Rural Development and the Department of the Environment in Northern Ireland.
The power to make an order under this section is exercisable by statutory instrument.
An order under this section may make different provision for different purposes or different areas.
An order under this section may make such transitional, transitory or saving provision as the person making the order considers expedient.
Except as provided by this section, this Act extends to England and Wales only.
Part 2 (nature conservation in the UK) extends also to Scotland and Northern Ireland.
In Part 3—
amendments affecting any provisions of the Wildlife and Countryside Act 1981 (c. 69) that extend to the territorial waters adjacent to England and Wales extend also to those waters, and
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In Part 8 (flexible administrative arrangements)—
Chapter 2 (powers to reform agricultural etc. bodies) extends also to Scotland and Northern Ireland, and
Chapter 3 (financial assistance) extends also to Northern Ireland.
In Part 9 (miscellaneous), section 101 (abolition of certain agricultural etc. committees) extends also to Scotland and Northern Ireland.
In this Part—
the amendments, repeals and revocations in Schedules 11 and 12 have the same extent as the provisions to which they relate (except where otherwise provided).
This Act may be cited as the Natural Environment and Rural Communities Act 2006.
Natural England
Status
Natural England is to be a body corporate.
Subject to paragraph 22 (nature reserves), Natural England is not to be regarded—and Natural England's property is not to be regarded as property of, or held on behalf of, the Crown.
as a servant or agent of the Crown, or
as enjoying any status, privilege or immunity of the Crown,
Membership
Natural England is to consist of—
a chairman appointed by the Secretary of State, and
not less than 8 nor more than 15 other members appointed by the Secretary of State.
The Secretary of State must consult the chairman before appointing the other members.
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.
The Secretary of State may by order amend sub-paragraph (1)(b) so as to substitute a different number for a number specified there.
The power to make an order under sub-paragraph (4) is exercisable by statutory instrument.
A statutory instrument containing such an order is subject to annulment in pursuance of a resolution of either House of Parliament.
The Secretary of State may appoint one of the members to be deputy chairman.
Term of office
Subject to paragraphs 6 to 8, a member holds and vacates office in accordance with the terms of his appointment.
A member may resign by giving written notice to the Secretary of State.
The Secretary of State may remove a member who—
has been absent from meetings of Natural England for a period longer than 6 months without the permission of Natural England,
has become bankrupt or has had a debt relief order made in respect of him (under Part 7A of the Insolvency Act 1986) or has made an arrangement with his creditors or has had his estate sequestrated in Scotland, or
in the opinion of the Secretary of State is otherwise unable or unfit to carry out his duties.
A person ceases to be chairman or deputy chairman if he—
resigns that office by giving written notice to the Secretary of State, or
ceases to be a member.
A person who—is eligible for reappointment to that office.
ceases to be a member, or
ceases to be chairman or deputy chairman,
Remuneration and pensions etc.
Natural England may pay to the members such remuneration and allowances as the Secretary of State may determine.
If required to do so by the Secretary of State, Natural England must—
pay such pensions, gratuities or allowances to or in respect of any member as the Secretary of State may determine;
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.
This paragraph applies if—
a person ceases to be a member, and
it appears to the Secretary of State that there are special circumstances which make it appropriate for the person to receive compensation.
The Secretary of State may require Natural England to pay the person such amount as the Secretary of State may determine.
Staff
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.
The chief executive is an employee of Natural England.
The Secretary of State may appoint the first chief executive.
Natural England may appoint other employees.
If required to do so by the Secretary of State, Natural England must—
pay such pensions, gratuities or allowances to or in respect of any employee as the Secretary of State may determine;
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.
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.
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
Natural England may determine its own procedure (including quorum).
No proceeding is invalidated by—
a vacancy in the office of chairman, or
any defect in the appointment of any member.
Discharge of functions
Natural England may authorise a committee, sub-committee, member or employee of Natural England to exercise any of Natural England's functions.
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
A committee or sub-committee may include persons who are not members of Natural England.
Natural England may pay such remuneration and allowances as the Secretary of State may determine to any person who—
is a member of a committee or sub-committee, but
is not a member or employee of Natural England.
Application of seal and proof of documents
The application of Natural England's seal must be authenticated by the signature of—
a member of Natural England who is authorised (generally or specially) for that purpose, or
an employee who is so authorised.
A document purporting to be duly executed under the seal of Natural England—
is to be received in evidence, and
is to be treated as so executed unless the contrary is shown.
Nature reserves
This paragraph applies to land in which Natural England has an interest and which is managed as a nature reserve.
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.
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.
For each financial year, Natural England must—
prepare an annual report on how it has discharged its functions during the year, and
send a copy of the report to the Secretary of State within such period as the Secretary of State directs.
In this paragraph and paragraph 24, “financial year” means—
the period beginning with the day on which Natural England is established and ending with the next 31st March, and
each subsequent period of 12 months ending with 31st March.
Natural England must keep proper accounts and proper records in relation to the accounts.
For each financial year, Natural England must—
prepare a statement of accounts in respect of that financial year, and
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.
The statement must be in such form as the Secretary of State may direct.
The Comptroller and Auditor General must—
examine, certify and report on the statement, and
send a copy of the certified statement and of his report to the Secretary of State as soon as possible.
The Secretary of State must lay before each House of Parliament a document consisting of—
a copy of the report sent under paragraph 23(1), and
a copy of the statement and report sent under paragraph 24(4).
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.
Natural England must also—
permit any person authorised by the Secretary of State to inspect and make copies of any accounts or other documents of Natural England, and
provide such explanation of them as that person or the Secretary of State may require.
Commission for Rural Communities
Status
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Membership
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Term of office
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Remuneration and pensions etc.
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Staff
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Procedure
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Discharge of functions
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Membership of committees and sub-committees
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Application of seal and proof of documents
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Reports, accounts etc.
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Transfer schemes
Creation and apportionment of property, rights and liabilities etc.
A scheme may—
create for the transferor interests in or rights over property transferred by virtue of the scheme;
create for the transferee interests in or rights over property retained by the transferor;
create rights or liabilities between the transferor and the transferee.
A scheme may provide for the transfer of property, rights or liabilities that would not otherwise be capable of being transferred or assigned.
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.
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.
A 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
This paragraph applies if rights and liabilities under a contract of employment are transferred by virtue of a scheme.
The contract of employment—
is not terminated by the transfer, and
has effect from the transfer date as if made between the employee and the transferee.
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.
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.
This paragraph is subject to paragraph 5.
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.
If the employee informs the transferor or transferee that he objects—
his contract of employment is terminated immediately before the transfer date, but
he is not to be treated, for any purpose, as having been dismissed by the transferor.
Nothing 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.
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.
In the case of an individual who holds employment in the civil service of the State immediately before the transfer date—
he is to be treated as employed by virtue of a contract of employment,
the terms of that employment are to be regarded as constituting the terms of that contract, and
the reference in paragraph 5 to dismissal by the transferor is to termination of that employment.
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
A 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
A transfer under this Schedule does not affect the validity of anything done by or in relation to the transferor before the transfer takes effect.
Anything which—is to be treated as done by the transferee.
is done by the transferor for the purposes of or otherwise in connection with anything transferred by virtue of a scheme, and
is in effect immediately before the transfer date,
There may be continued by or in relation to the transferee anything (including legal proceedings)—
which relates to anything transferred by virtue of a scheme, and
which is in the process of being done by or in relation to the transferor immediately before the transfer date.
This paragraph applies to any document—
which relates to anything transferred by virtue of a scheme, and
which is in effect immediately before the transfer date.
Any references in the document to the transferor are to be read as references to the transferee.
Incidental provision
A scheme may include supplementary, incidental, transitional and consequential provision.
Joint Nature Conservation Committee
Membership
The joint committee is to consist of 14 members—
a chairman appointed by the Secretary of State;
5 members appointed by the Secretary of State;
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;
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.
The joint committee may appoint a member to be deputy chairman.
The members appointed by the Secretary of State must not be members of the UK conservation bodies.
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.
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.
Before appointing members under paragraph 1(1)(b), the Secretary of State must consult—
the chairman, and
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
Subject 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.
A member appointed by the Secretary of State may resign by giving him written notice.
The Secretary of State may remove a member appointed by him who—
has been absent from meetings of the joint committee for a period longer than 6 months without the permission of the joint committee,
has become bankrupt or had a debt relief order made in respect of him (under Part 7A of the Insolvency Act 1986) or made an arrangement with his creditors, or has had his estate sequestrated in Scotland, or
in the opinion of the Secretary of State is otherwise unable or unfit to carry out his duties.
Remuneration and allowances etc.
The joint committee must pay to the members appointed by the Secretary of State such remuneration and allowances as the Secretary of State may determine.
If required to do so by the Secretary of State, the joint committee must—
pay such pensions, gratuities or allowances to or in respect of the chairman as the Secretary of State may determine, or
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.
This paragraph applies if—
a person ceases to be chairman, and
it appears to the Secretary of State that there are special circumstances which make it appropriate for the person to receive compensation.
The Secretary of State may require the joint committee to pay the person such sum as the Secretary of State may determine.
Staff: general
The joint committee may, with the approval of the Secretary of State, appoint employees.
The 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.
The joint committee may—as it may, with the approval of the Secretary of State, determine.
pay such pensions, gratuities or allowances to or in respect of any employee or former employee,
pay such sums towards provision for the payment of such pensions, allowances or gratuities, or
provide and maintain such schemes (whether contributory or not) for the payment of such pensions, allowances or gratuities,
Formation of company
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).
The objects are—
providing administrative and corporate support services to the joint committee, including the employment of staff, for the purposes of its functions,
making charges and holding land or any interest in or right over land for those purposes, and
doing such other things as are conducive or incidental to the discharge of those functions.
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.
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.
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.
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
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.
When determining what financial resources should be provided, the appropriate authorities must take into account—
any grant being made under paragraph 15, and
the views of the joint committee and the funding bodies.
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.
“The funding bodies” means—
the GB conservation bodies, and
the relevant Northern Ireland department.
The Secretary of State may make grants to the joint committee of such amounts as the Secretary of State thinks fit.
A grant under this section may be made subject to such conditions as the Secretary of State thinks fit.
Procedure
The joint committee may determine its own procedure (including quorum).
No proceeding of the joint committee is invalidated by—
a vacancy among the members, or
any defect in the appointment of any member.
Discharge of functions
The joint committee may authorise any of their functions to be exercised by—
any member of the joint committee,
a company formed under paragraph 13,
any of the UK conservation bodies, or
any employee of the joint committee, of such a company, or of any of those bodies.
Sub-paragraph (1) does not prevent the joint committee from doing anything that another person has been authorised to do.
Annual reports
As soon as possible after the end of each financial year, the joint committee must—
prepare an annual report on how it has discharged their functions during the year, and
send a copy of the report to the appropriate authorities and the UK conservation bodies.
The Secretary of State must lay a copy of the report before each House of Parliament.
The Scottish Ministers must lay a copy of the report before the Scottish Parliament.
Interpretation
In this Schedule “the appropriate authorities” means—
the Secretary of State,
the National Assembly for Wales,
the Scottish Ministers, and
the relevant Northern Ireland department.
In this Schedule “financial year” means the period of 12 months ending with 31st March.
Enforcement powers in connection with wildlife
Amendments of the Wildlife and Countryside Act 1981
After section 18 insert—
Amend section 19 (powers of constables to stop, search, enter etc.) as follows.
In subsection (2)—
after “is committing” insert “ or has committed ”, and
for “enter any land other than a dwelling-house” substitute “ enter any premises other than a dwelling ”.
After subsection (2) insert—
In subsection (3), omit “(with or without other persons)”.
After section 19 insert—
Omit sections 19ZA (enforcement: wildlife inspectors) and 19ZB (power to take samples).
Amend section 21 (penalties etc.) as follows.
Omit subsections (4A) and (4D) (penalties in connection with power of entry and powers in connection with examination of specimens and taking samples).
Before subsection (4B) insert—
In subsection (4B) (penalty for obstructing wildlife inspector to ascertain whether section 14 offence is being or has been committed)—
for “subsection (7) of section 19ZA” substitute “ section 19XB(1)(a) or (2)(a) ”, and
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 ”.
In subsection (4C) (penalty for pretending to be wildlife inspector), for “19ZA(8)” substitute “ 19XB(4) ”.
In section 27 (interpretation of Part 1), in subsection (1), in the definition of “wildlife inspector”, for “section 19ZA(1)” substitute “ section 18A(1) ”.
Powers of wildlife inspectors extended to certain other Acts
Introduction
In 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)—
section 18A (power to authorise persons to act as wildlife inspectors);
section 18B (power of wildlife inspector to enter premises);
section 18C (power to examine specimens and take samples);
section 18F (restrictions on taking samples from live specimens);
section 19XB(1) and (4) (offences in connection with enforcement powers);
section 21(4AA) to (4C) (penalties for obstructing etc. wildlife inspectors).
Destructive Imported Animals Act 1932 (c. 12)
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—
any reference to a Group 1 offence were a reference to any offence under the 1932 Act,
any reference to a Group 1 licence were a reference to a licence under the 1932 Act, and
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.
“Destructive animal” means a musk rat or other animal to which the 1932 Act applies.
Conservation of Seals Act 1970 (c. 30)
The enforcement provisions relating to Group 1 offences and Group 1 licences apply for the purposes of the 1970 Act as if—
United Kingdom Research and Innovation 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,
any reference to a Group 1 offence were a reference to any offence under the 1970 Act,
any reference to a Group 1 licence were a reference to a licence under section 10 of the 1970 Act, and
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)
The enforcement provisions relating to Group 1 offences and Group 1 licences apply for the purposes of the 1991 Act as if—
any reference to a Group 1 offence were a reference to any offence under the 1991 Act,
any reference to a Group 1 licence were a reference to a licence under section 8 of the 1991 Act, and
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)
The enforcement provisions relating to Group 1 offences and Group 1 licences apply for the purposes of the 1992 Act as if—
any reference to a Group 1 offence were a reference to any offence under the 1992 Act,
any reference to a Group 1 licence were a reference to a licence under section 10 of the 1992 Act, and
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.
Codes of practice
The Secretary of State may—
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
revise or replace such a code.
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).
But an inspector's failure to have regard to any provision of a code does not make him liable to criminal or civil proceedings.
A code—
is admissible in evidence in any proceedings, and
must be taken into account by a court in any case in which it appears to the court to be relevant.
Constable's search warrant power extended to certain other Acts
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.
The Acts are—
the Destructive Imported Animals Act 1932 (c. 12);
the Conservation of Seals Act 1970 (c. 30);
the Deer Act 1991 (c. 54);
the Protection of Badgers Act 1992 (c. 51).
Wildlife offences: time limits for proceedings
Destructive Imported Animals Act 1932 (c. 12)
In section 6 (offences relating to importation etc. of musk rats without licence etc.), after subsection (2) insert—
Conservation of Seals Act 1970 (c. 30)
In section 5 (penalties for offences), after subsection (2) insert—
Wildlife and Countryside Act 1981 (c. 69)
Amend section 20 (summary prosecutions) as follows.
In subsection (2), for “Summary proceedings for an offence under this Part” substitute “ Proceedings for a summary offence under this Part ”.
In the heading, for “Summary prosecutions” substitute “ Proceedings for summary offences ”.
After section 51 insert—
Deer Act 1991 (c. 54)
In section 9 (penalties for offences relating to deer), after subsection (2) insert—
Protection of Badgers Act 1992 (c. 51)
After section 12 insert—
Designated bodies
A conservation board for an area of outstanding natural beauty in England.
An inshore fisheries and conservation authority for a district established under section 149 of the Marine and Coastal Access Act 2009.
A local authority (as defined by section 86).
A National Park authority established for a National Park in England.
The Board of Trustees of the Royal Botanic Gardens, Kew.
The British Potato Council.
Canal & River Trust.
The Broads Authority.
The Commission for Rural Communities.
The Environment Agency.
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The Forestry Commissioners.
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The Historic Buildings and Monuments Commission for England.
The Home-Grown Cereals Authority.
The Horticultural Development Council.
The Marine Management Organisation.
The Meat and Livestock Commission.
The Milk Development Council.
The National Forest Company.
Natural England.
The Seafish Industry Authority.
The Wine Standards Board.
Agricultural etc. boards
Status
A board is (by virtue of this Schedule) a body corporate.
A board is not to be regarded—and the board's property is not to be regarded as property of, or held on behalf of, the Crown.
as a servant or agent of the Crown, or
as enjoying any status, privilege of immunity of the Crown,
Membership
A board is to consist of—
a chairman appointed by the appropriate authority, and
such other number of members as the appropriate authority may appoint.
The appropriate authority may appoint one of the members to be deputy chairman.
A section 87 order may include provision as to qualification or disqualification for membership.
Term of office
A section 87 order may include provision as to—
the members' term of office, and
their removal from office.
Remuneration and pensions
A section 87 order may include provision—
as to the payment to the members of remuneration and allowances, and
as to the payment of pensions, gratuities or allowances to or in respect of the members.
Staff
A section 87 order may include provision as to the appointment of employees, their remuneration and other terms of employment.
Reports, accounts etc.
A section 87 order may include provision requiring the board to prepare and submit reports to persons specified in the order.
A section 87 order must include provision—
requiring the board to prepare and submit accounts to persons specified in the order;
requiring a statement of the accounts to be examined, certified and reported on by the Comptroller and Auditor General.
A section 87 order may include provision requiring any documents of a description specified in the order to be laid before—
each House of Parliament;
the National Assembly for Wales;
the Scottish Parliament;
the Northern Ireland Assembly.
Functions which may be assigned to boards
Promoting or undertaking scientific research.
Promoting or undertaking inquiry—
as to materials and equipment, and
as to methods of production, management and labour utilisation.
Promoting or undertaking inquiry under sub-paragraph (1) includes promoting or undertaking—
the discovery and development of—
new materials, equipment and methods, and
improvements in those already in use,
the assessment of the advantages of different alternatives, and
the conduct of experimental establishments and of tests on a commercial scale.
Promoting the production and marketing of standard products.
Promoting the better definition of trade descriptions and consistency in the use of trade descriptions.
Developing, promoting, marketing or operating—
standards relating to the quality of products, or
systems for the classification of products.
Developing, reviewing or operating schemes for the certification of products or of operations connected with production or supply of products.
Undertaking the certification of products, the registration of certification trade marks, and the functions of proprietors of such marks.
Providing or promoting the provision of—
training for persons engaged in or proposing to be engaged in the industry, and
their education in subjects relevant to the industry.
Promoting—
the adoption of measures for securing safer and better working conditions, and
the provision and improvement of amenities for persons employed.
Promoting or undertaking inquiry as to measures for securing safer and better working conditions.
Promoting or undertaking research into the incidence, prevention and cure of industrial diseases.
Promoting or undertaking arrangements for encouraging the entry of persons into the industry.
Promoting or undertaking research for improving arrangements for marketing and distributing products.
Promoting or undertaking research into matters relating to the consumption or use of goods and services supplied by the industry.
Promoting arrangements—
for co-operative organisations,
for supplying materials and equipment, and
for marketing and distributing products.
Promoting the development of export trade, including promoting or undertaking arrangements for publicity overseas.
Promoting 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.
Promoting or undertaking the collection and formulation of statistics.
Advising 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.
Undertaking 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.
Ancillary provisions relating to boards
Acting through subsidiaries
A section 87 order may include provision—
enabling the board to establish subsidiaries, and
enabling or requiring the board to carry out specified functions through subsidiaries.
“Subsidiary” means a subsidiary as defined by section 1159 of the Companies Act 2006.
Registers, returns and other information
A section 87 order may include provision—
with respect to registration in a register kept by the board of persons carrying on business in a specified industry;
requiring the register to be made available (in accordance with the order) for inspection by the public;
under which any right to inspect the register is subject to the payment of a reasonable fee.
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
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.
But a section 87 order may not include provision by virtue of sub-paragraph (1) conferring power to enter a dwelling.
A section 87 order may include provision conferring power on authorised officers to require persons of a description specified in the order—
to provide information of a description so specified, or
to produce documents of a description so specified.
“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.
A section 87 order may include provision—
enabling a board to hold inquiries;
enabling a board to require a person to attend to give evidence;
as to appeals against a requirement imposed by virtue of paragraph (b).
Reserve funds etc.
A section 87 order may include provision for enabling the board to establish and maintain a reserve fund for the purposes of its functions.
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.
A section 87 order may confer on the board—
power to borrow money;
power to charge property.
Levies
A section 87 order may include provision—
for the imposition by the board of charges (“levies”) on such persons as may be specified in the order;
as to limits on the amounts of levies;
for the recovery of levies in such ways and through such channels as may be specified in the order.
But a section 87 order may not include provision by virtue of sub-paragraph (1) except for the purpose of enabling a board—
to meet its expenses in the exercise of its functions;
to meet its administrative expenses;
to further a purpose or the purposes for which it is established;
to establish a reserve fund.
The purpose or purposes for which any levies are imposed must be specified in the section 87 order.
Power to charge for services
A 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
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.
The order may, in particular, provide that the board may—
enter into agreements;
acquire or dispose of property;
raise funds by means of voluntary contributions;
accept gifts.
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.
A section 87 order may include provision making the exercise of a specified function or description of functions conferred on the board—
subject to the approval of the appropriate authority, or
subject to any other conditions.
The provision that may be made by virtue of sub-paragraph (1)(b) includes, in particular—
provision requiring the board to be satisfied, before a levy is—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;
imposed, or
terminated,
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;
provision requiring the board to consult a specified person or a description of persons before exercising a specified function or description of functions.
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
A section 87 order may create offences in relation to—
failing to comply with a requirement relating to registration;
obstructing an authorised officer exercising a power of entry;
failing to comply with a requirement to provide information or produce documents;
neglecting or failing to comply with a requirement to attend to give evidence;
providing false or misleading information to a board or an authorised officer.
If a section 87 order creates an offence by virtue of sub-paragraph (1), the order—
must provide for the offence to be triable only summarily, and
may not provide for the offence to be punishable with imprisonment.
A section 87 order—
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
may not authorise the commencement of proceedings for such an offence more than 2 years after the date on which the offence was committed.
Minor and consequential amendments
General
Destructive Imported Animals Act 1932 (c. 12)
Amend section 5 (provisions as to musk rats found at large) as follows.
In subsection (3) for “any persons employed by, or on behalf of, the department for that purpose” substitute “ any authorised persons ”.
After subsection (3) insert—
Hill Farming Act 1946 (c. 73)
Omit section 32 (advisory committees).
In section 34 (power to enter on and inspect land), after subsection (2) insert—
Industrial Organisation and Development Act 1947 (c. 40)
In section 5 (restriction on disclosure of information), after subsection (3) insert—
Amend section 9 (levies for certain purposes for industries for which there is no development council) as follows.
In subsection (1), for “not a development council” substitute “ neither a development council nor a relevant board ”.
After subsection (1) insert—
National Parks and Access to the Countryside Act 1949 (c. 97)
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In each of the following provisions for “the Agency” substitute “ Natural England ”
section 5(2) and (3);
section 9(1);
section 51(1), (2), (3) and (4);
section 52(1) and (2);
section 65(5) and (5A);
section 85;
section 86A;
section 90(4);
section 91(1).
Amend section 6 (general duties of Agency in relation to National Parks) as follows.
In subsection (1), omit “as soon as may be after the commencement of this Act, and thereafter”.
In subsection (4), omit paragraphs (a) and (c).
In the heading, for “Commission” substitute “ Natural England ”.
For section 15 (meaning of “nature reserve”) substitute—
Amend section 15A (meaning of “Nature Conservancy Council”) as follows.
Number the provisions of section 15A as subsection (1).
In subsection (1)—
for “references to “the Nature Conservancy Council” are references” substitute “ references to the appropriate conservation body are references ”, and
in paragraph (a), for “English Nature” substitute “ Natural England ”.
After subsection (1) insert—
In the heading for “ “Nature Conservancy Council”” substitute “ appropriate conservation body ”.
Amend section 16 (agreements for management of nature reserves) as follows.
In subsection (1), for “the Nature Conservancy Council”—
in the first place where it occurs, substitute “ The Council or Scottish Natural Heritage ”, and
in the second place where it occurs, substitute “ the Council or (as the case may be) Scottish Natural Heritage ”.
In subsection (3)(b) and (c), for “the Nature Conservancy Council” substitute “ the Council or (as the case may be) Scottish Natural Heritage ”.
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For the heading substitute “ Agreements for management of nature reserves in Scotland and Wales ”.
In each of the following provisions for “the Nature Conservancy Council” substitute “ the appropriate conservation body ”
section 17(1) and (2);
section 18(1) and (2);
section 19(1), (2), (3), (4) and (5);
section 20(1), (2)(c) and (3);
section 21(1) and (6);
section 22;
section 103(1);
section 106(1).
In section 17 (compulsory acquisition of land for establishment of nature reserves)—
in subsection (2), for “agreement under the last foregoing section” substitute “ nature reserve agreement or an agreement under section 16 ”, and
in the heading, for “Conservancy” substitute “ conservation body ”.
In section 18 (compulsory acquisition of land for maintenance of nature reserves)—
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
in the heading, for “Conservancy” substitute “ conservation body ”.
In 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 ”.
In section 50A (application of Part 4 in Wales), in subsection (2), for “the Countryside Agency” substitute “ Natural England ”.
In section 64 (access agreements), omit subsection (5).
In 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 ”.
In the heading to section 86 (information services to be provided by Commission), for “Commission” substitute “ Natural England ”.
In section 114 (interpretation), in subsection (1), omit the definition of “the Agency”.
In Schedule 1 (provisions as to making, confirmation, coming into operation and validity of certain instruments), in paragraph 2(5)—
for “the Agency,” in the first place where it occurs, substitute “ Natural England, ”, and
for “the Agency,” in the second place where it occurs, substitute “ Natural England, the ”.
Manoeuvres Act 1958 (7 & 8 Eliz. 2 c. 7)
In—for “the Countryside Agency” substitute “ Natural England ”.
section 1 (power to authorise execution of manoeuvres), in subsection (3)(a)(iii), and
section 4 (manoeuvres commissions), in subsection (1)(d),
Agricultural Marketing Act 1958 (c. 47)
In section 19 (consumers' committees and committees' of investigation), omit subsections (1) to (5) and (9).
Amend section 20 (directions by Ministers to boards as respects certain matters) as follows.
In subsection (3), omit the words from “, and if, within” to the end.
Omit subsections (4) and (7).
Amend section 21 (temporary directions by Ministers) as follows.
In subsection (1), omit—
paragraph (b) and “or” preceding it,
“or, as the case may be, of the report or complaint”, and
“or direction”.
In subsection (2), omit the proviso.
Omit subsection (3).
In subsection (4), for “periods prescribed by subsections (2) and (3)” substitute “ period prescribed by subsection (2) ”.
Amend section 32 (general provisions as to commissions and committees) as follows.
In subsection (1), omit—
“or committee” (in both places), and
“or appointed”.
In subsections (2) and (3), omit “or committee” (in each place).
Omit subsection (4).
In section 47 (restrictions on disclosing certain information obtained under Act), in subsection (2), omit “, consumers' committee, committee of investigation”.
In section 53 (provisions as to Northern Ireland), in subsection (5)—
omit “consumers' committee and committees of investigation shall operate, and the”,
for “operate and are applicable respectively” substitute “ are applicable ”, and
omit the words from “, but when any such committee” to the end of the subsection.
In 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)
In Schedule 1 (definition of public records), amend Part 2 of the table at the end of paragraph 3 as follows.
Insert at the appropriate places— “ Commission for Rural Communities. ”, and “ Natural England. ”.
Omit the entries relating to English Nature and the Countryside Agency.
Cereals Marketing Act 1965 (c. 14)
In section 6 (further non-trading functions of Authority), in subsection (2), omit “(subject to section 17(2) of this Act)”.
subsection (2), and
in subsection (3), paragraph (c) and “or” preceding it.
Superannuation Act 1965 (c. 74)
In 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)
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Parliamentary Commissioner Act 1967 (c. 13)
Amend Schedule 2 (departments and authorities subject to investigation) as follows.
Insert at the appropriate places— “ Commission for Rural Communities. ”, and “ Natural England. ”
Omit the entries relating to the Countryside Agency and English Nature.
Agriculture Act 1967 (c. 22)
Omit section 24 (disclosure of information).
Countryside Act 1968 (c. 41)
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Amend section 2 (new functions of the Agency) as follows.
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In subsection (5)—
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in paragraph (b)—
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In subsection (9)—
omit “Agency and the” and “Agency or”, and
for “Exchequer grants under the Act of 1949” substitute “ grants under section 16 of the Welsh Development Agency Act 1975 ”.
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In section 8 (country park: sailing, boating, bathing and fishing), in subsection (5), for “the Agency” substitute “ Natural England ”.
Amend section 12 (facilities in or near National Parks) as follows.
In subsection (1)—
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
omit the second sentence.
In subsection (5), in the first sentence, for “the Agency” substitute “ Natural England ”.
In section 13 (lakes in national parks: control of boats etc.), in subsection (4)—
for “sections 1 and” substitute “ section ”, and
for “the Agency” substitute “ Natural England ”.
Amend section 15 (agreements in respect of areas of special scientific interest) as follows.
In —
subsection (1), for “the Nature Conservancy Council (in this section referred to as “the Council”)” substitute “ the Council or Scottish Natural Heritage ”, and
in subsections (2) and (3), after “the Council” insert “ or (as the case may be) Scottish Natural Heritage ”.
In subsection (6), in the substituted subsection (4), for “the Council” substitute “ Scottish Natural Heritage ”.
Omit subsection (6A).
Amend section 15A (compulsory purchase) as follows.
For subsection (1) substitute—
In subsection (2)—
in paragraph (a)—
for “the Nature Conservancy Council” substitute “ Natural England or (as the case may be) the Council ”, and
for “such an agreement as is referred to in section 15(2)” substitute “ an SSSI agreement ”, and
in paragraph (b), for “such an agreement” substitute “ an SSSI agreement ”.
In subsection (4), for “the Nature Conservancy Council” substitute “ Natural England or the Council ”.
Omit subsection (5).
After subsection (4) insert—
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In section 37 (protection for interests in countryside) for “the Agency, the Council, English Nature” substitute “ Natural England, the Council ”.
In section 38 (avoidance of pollution), for “the Agency” substitute “ Natural England ”.
Amend section 41 (power to make byelaws and related provisions about wardens) as follows.
For subsection (2) substitute—
In subsections (5), (8) and (9), for “the Agency” substitute “ Natural England ”.
In section 45 (agreements with landowners), in subsection (1), omit “the Agency,”.
Amend section 46 (application of general provisions of 1949 Act) as follows.
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In subsection (4), omit “experimental projects or schemes,”.
In section 49 (interpretation), in subsection (2), omit the definition of “the Agency”.
Conservation of Seals Act 1970 (c. 30)
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Superannuation Act 1972 (c. 11)
Amend Schedule 1 (kinds of employment to which that Act applies) as follows.
Insert at the appropriate places— “ Commission for Rural Communities. ”, and “ Natural England. ”
Omit the entries relating to the Countryside Agency and English Nature.
Local Government Act 1974 (c. 7)
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House of Commons Disqualification Act 1975 (c. 24)
Amend Schedule 1 (offices disqualifying for membership) as follows.
In Part 2 (bodies of which all members are disqualified), insert at the appropriate places— “ Commission for Rural Communities. ”, and “ Natural England. ”
In Part 3 omit the entries relating to the Countryside Agency and English Nature.
Race Relations Act 1976 (c. 74)
Amend Schedule 1A (bodies and other persons subject to general statutory duty) as follows.
In Part 2, after the entry relating to the Commission for Racial Equality insert—“ Commission for Rural Communities. ”
In that Part, after the entry relating to the Insolvency Rules Committee insert—“ Natural England. ”
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.
In Part 3, omit the entry relating to the Countryside Agency.
Import of Live Fish (England and Wales) Act 1980 (c. 27)
In 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)
In 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 ”.
In 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 ”.
In 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
In section 120 (exercise of powers of making public path extinguishment and diversion orders), in subsection (2)(c), for “the Countryside Agency” substitute “ Natural England ”.
In section 135A (temporary diversion for dangerous works), in subsection (6)(b), for “the Countryside Agency” substitute “ Natural England ”.
Animal Health Act 1981 (c. 22)
Amend section 21 (destruction of wild life on infection other than rabies) as follows.
In subsection (3), for “Nature Conservancy Council” substitute “ appropriate conservation body ”.
In subsection (9), in the definition of “Nature Conservancy Council”, for “ “Nature Conservancy Council” means English Nature,” substitute “ “appropriate conservation body” means Natural England, ”.
for “the Council” (in both places) substitute “ the body ”.
Wildlife and Countryside Act 1981 (c. 69)
In section 15 (endangered species (import and export)), in subsection (2), for “Nature Conservancy Councils” substitute “ GB conservation bodies ”.
Amend section 16 (power to grant licences) as follows.
In subsection (4), for “section 14” substitute “ sections 14 and 14ZA ”.
In subsections (9)(a) and (c), (10)(b) and (11), for “Nature Conservancy Council” substitute “ conservation body ”.
In subsection (10)(a)—
for “Nature Conservancy Councils” substitute “ GB conservation bodies ”, and
for “Council” substitute “ body ”.
Sub-paragraph (2) extends to England and Wales (including their adjacent territorial waters) only.
This paragraph extends to England and Wales (including their adjacent territorial waters) only.
Amend section 22 (power to vary Schedules) as follows.
In subsection (3)—
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
omit the words following paragraph (b).
After subsection (3) insert—
Amend section 24 (functions of Nature Conservancy Council) as follows.
In subsection (1)—
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
omit the words following paragraph (b).
After subsection (1) insert—
In subsection (4), for “Nature Conservancy Councils” substitute “ GB conservation bodies ”.
For the heading substitute “ Functions of GB conservation bodies ”.
Amend section 27 (interpretation of Part 1) as follows.
In subsection (1), in paragraph (c) of the definition of “authorised person”, for “Nature Conservancy Councils” substitute “ GB conservation bodies ”.
In that subsection, after the definition of “poultry”, insert—.
For subsection (3A) substitute—
Sub-paragraph (3) extends to England and Wales (including their adjacent territorial waters) only.
Omit section 27A (construction of references to Nature Conservancy Council) and the heading preceding it.
Before section 28 insert—
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Amend section 28G (statutory undertakers, etc.: general duty) as follows.
After subsection (3) insert—
In section 33 (ministerial guidance as respects areas of special scientific interest), in subsection (1), for “Nature Conservancy Councils” substitute “ Natural England ”.
Amend section 34 (limestone pavement orders) as follows.
For subsection (1) substitute—
In subsection (3), for “the Council and the Agency” substitute “ Natural England ”.
In subsection (5), omit from “or Part” to the end.
In subsection (6), omit—
the definition of “the Agency”, and
paragraph (b) of the definition of “the relevant authority”.
Before section 35 insert—
In section 37A (Ramsar sites—wetlands of international importance), in subsections (1)(a) and (3) for “English Nature” substitute “ Natural England ”.
In section 39 (management agreements with owners and occupiers of land), omit subsection (5)(d).
Amend section 41 (duties of agriculture Ministers with respect to the countryside) as follows.
In subsection (3), omit the words after paragraph (b).
In subsection (5), for the definitions of “management agreement” and “the relevant authority” substitute—
Omit subsection (6).
Before section 42 insert—
Amend section 43 (maps of National Parks showing certain areas of moor or heath) as follows.
In subsection (1B) —
for “The Countryside Agency and the Countryside Council for Wales shall each” substitute “ Natural England shall ”, and
for “the Agency and the Council may each” substitute “ Natural England may ”.
In subsection (1C), for “the Agency or, as the case may be, the Council” substitute “ Natural England ”.
Amend section 45 (power to vary orders designating National Park) as follows.
In subsection (1)—
for “the Countryside Agency” (in both places) substitute “ Natural England ”, and
omit “in England”.
Omit subsection (2).
Amend section 47 (provisions with respect to the Countryside Agency) as follows.
Omit subsection (1).
In subsection (2), omit “to the Countryside Agency or”.
For the heading substitute “ Grants to the Countryside Council for Wales ”.
In section 49 (extension of power to appoint wardens)—substitute “ Natural England ”.
in subsection (1) for “the Countryside Agency”, and
in subsection (4) for “Countryside Agency” and “the Countryside Agency”,
Amend section 50 (payments under certain agreements offered by authorities) as follows.
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 ”.
In subsection (3), omit “(or, in Scotland, an arbiter)” and “(or, in Scotland, the arbiter's)”.
In subsection (4), at the end insert—
Amend section 51 (powers of entry) as follows.
In subsection (1)—insert “ a nature reserve agreement or an SSSI agreement or ”.
in paragraph (c), after “enter into”, and
in paragraph (h), after “terms of” in the first place where it occurs,
In subsection (2)(a), for “the Nature Conservancy Council” substitute “ Natural England or the Countryside Council for Wales ”.
After subsection (2) insert—
In 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”.
Amend section 71 (general interpretation) as follows.
Re-number the existing provision subsection (1).
After that subsection insert—
This paragraph extends only to England and Wales and to the territorial waters adjacent to England and Wales.
Omit Schedule 13 (provisions with respect to the Countryside Agency).
Derelict Land Act 1982 (c. 42)
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Agricultural Marketing (Northern Ireland) Order 1982 (S.I. 1982/1080 (N.I. 12))
Omit—
Article 21 (committee of investigation), and
Article 22 (action following report by a committee of investigation).
Amend Article 29 (restrictions on disclosing certain information obtained under Part 2) as follows.
In paragraph (2), for the words from “this Part” to the end of the paragraph substitute “ this Part on any board ”.
In paragraph (3), omit “or by the General Consumer Council (Northern Ireland) Order 1984”.
Miscellaneous Financial Provisions Act 1983 (c. 29)
Omit section 1 (functions of Countryside Agency in relation to economic and social development of rural areas in England).
National Heritage Act 1983 (c. 47)
In 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)
Amend section 22 (traffic regulation for special areas in the countryside) as follows.
In subsection (1)(a), for sub-paragraphs (iv) and (v) substitute—.
In subsection (3), for “The Countryside Agency” substitute “ Natural England ”.
After subsection (4) insert—.
Inheritance Tax Act 1984 (c. 51)
In 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))
Omit Article 7 (functions of the General Consumer Council in relation to agricultural marketing schemes).
Agriculture Act 1986 (c. 49)
In 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)
In Schedule 2 (supplementary provisions as to the scheduled works and other authorised works), in paragraph 5(3), for “English Nature” substitute “ Natural England ”.
In Schedule 3 (planning permission), in paragraph 17(4), for paragraphs (a) and (b) substitute—.
Norfolk and Suffolk Broads Act 1988 (c. 4)
Amend section 4 (conservation of areas of natural beauty) as follows.
In subsection (3)(a), for “English Nature” substitute “ Natural England ”.
In subsection (4), for “Countryside Commission” substitute “ Agency ”.
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. ”
In section 5 (notification of certain operations within the Broads), in subsection (4), for “, English Nature and the Countryside Commission” substitute “ and Natural England ”.
In—for “the Countryside Commission” substitute “ Natural England ”.
section 6 (byelaws: general), in subsection (4),
section 15 (grants from Secretary of State), in subsection (2), and
Schedule 1 (the Broads Authority), in paragraph 6,
In Schedule 2 (variation of area treated as the broads)—substitute “ Natural England ”.
in paragraph 3, for “the Countryside Commission”, and
in paragraphs 4, 5, 6, 7 and 10, for “the Commission” (in each place),
In Schedule 3 (functions of Authority), in paragraph 33(1), for paragraphs (b) and (c) substitute—.
Electricity Act 1989 (c. 29)
In Schedule 9 (preservation of amenity and fisheries), in paragraph 2(2)—
omit “with the Countryside Agency, and”, and
for “English Nature” substitute “ Natural England ”.
Environmental Protection Act 1990 (c. 43)
In section 36 (grant of waste management licenses), in subsection (7), for “English Nature” substitute“ Natural England ”.
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Omit section 133 (special functions of the Councils).
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Omit sections 135 to 138 (dissolution of Nature Conservancy Council etc.).
In section 161 (regulations, orders and directions), in subsection (4)(b), after “under section” insert “ 128(3) ”.
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Omit Schedules 7 (the Joint Nature Conservation Committee) and 10 (transfer schemes and staff of existing councils).
Deer Act 1991 (c. 54)
Amend section 8 (exceptions for persons licensed by the Nature Conservancy Council for England or the Countryside Council for Wales) as follows.
In subsections (1) and (4), for “English Nature” substitute “ Natural England ”.
In the heading, for “the Nature Conservancy Council for England” substitute “ Natural England ”.
Water Industry Act 1991 (c. 56)
Amend section 4 (environmental duties with respect to sites of special interest) as follows.
In subsection (1)—
for “English Nature” substitute “ Natural England ”, and
for “that Council” substitute “ Natural England or (as the case may be) the Council ”.
In subsection (4), for “English Nature” substitute “ Natural England ”.
In 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 ”.
Amend section 156 (restriction on disposals of land) as follows.
In subsection (4)(c), for sub-paragraphs (i) and (ii) substitute—.
In subsection (4)(d)—
for “the Countryside Agency” substitute “ Natural England ”, and
for “that Agency or Council” substitute “ Natural England or the Countryside Council for Wales ”.
In subsection (8), omit “and” preceding the definition of “the Broads” and after that definition insert—
In Schedule 1A (the Water Services Regulation Authority), omit paragraph 11.
Water Resources Act 1991 (c. 57)
In 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)
Amend section 61C (duties with respect to sites of special scientific interest) as follows.
In subsection (1)—
for “English Nature” substitute “ Natural England ”, and
for “that Council” substitute “ Natural England or the Countryside Council for Wales ”.
In subsection (4), for “English Nature” substitute “ Natural England ”.
In 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)
In section 6 (applications for orders relating to railways, tramways, inland waterways etc.), in subsection (7)—
in paragraph (a), for “the Countryside Agency” substitute “ Natural England ”, and
omit paragraph (e) and “and” preceding it.
Protection of Badgers Act 1992 (c. 51)
In section 10 (licences)—
in subsections (1), (3), (4) and (6), for “the appropriate Conservancy Council” (in each place) substitute “ the appropriate conservation body ”,
in subsection (4)(a), for “English Nature” substitute “ Natural England ”, and
in subsection (6), for “Council's” substitute “ body's ”.
Agriculture Act 1993 (c. 37)
Omit section 20 (functions under section 19 of the Agricultural Marketing Act 1958).
Agriculture (Northern Ireland) Order 1993 (S.I. 1993/2665 (N.I. 10))
Omit Article 22 (functions of certain bodies in relation to agricultural marketing schemes).
Environment Act 1995 (c. 25)
In 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.
Amend section 8 (environmental duties with respect to sites of special interest) as follows.
In subsection (1)—
for “English Nature” substitute “ Natural England ”, and
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In subsection (4), for “English Nature” substitute “ Natural England ”.
In 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 ”.
In section 66 (National Park Management Plans), in subsection (7)(a), for “the Countryside Agency and English Nature” substitute “ Natural England ”.
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In section 99 (consultation before making or modifying certain subordinate legislation for England), in subsection (2), for paragraphs (b) and (c) substitute—.
In 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)
In Schedule 6 (planning conditions), in the table in paragraph 27(4), for the entries relating to English Nature and the Countryside Agency substitute—
In 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)
In Schedule 4 (public bodies subject to reform by Assembly), omit paragraph 6.
Greater London Authority Act 1999 (c. 29)
In section 352 (the Mayor's biodiversity action plan), in subsection (3), for paragraphs (a) and (b) substitute—.
In section 408 (transfer of property, rights or liabilities), in subsection (3), for paragraph (g) substitute—.
Freedom of Information Act 2000 (c. 36)
In Schedule 1 (public authorities), amend Part 6 as follows.
Insert at the appropriate places— “ Commission for Rural Communities. ”, and “ Natural England. ”
Omit the entries relating to—
the Committee of Investigation for Great Britain,
the consumers' committee for Great Britain appointed under section 19 of the Agricultural Marketing Act 1958,
the Countryside Agency, and
English Nature.
Countryside and Rights of Way Act 2000 (c. 37)
In 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 ”.
In section 4 (duty to prepare maps), in subsection (1), for “the Countryside Agency” substitute “ Natural England ”.
Amend section 20 (codes of conduct and other information) as follows.
In subsection (1), for “the Countryside Agency” substitute “ Natural England ”.
In subsection (3), for “the Countryside Agency” substitute “ Natural England ”.
In 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 ”.
In section 33 (guidance by countryside bodies to National Park authorities)—substitute “ Natural England ”.
in subsections (1) and (3), for “The Countryside Agency”, and
in subsection (4), for “the Countryside Agency”,
In section 58 (application for path creation order), for subsection (1) substitute—
In section 61 (rights of way improvement plans: supplemental), in subsection (1)(f), for “the Countryside Agency” substitute “ Natural England ”.
Omit section 73 (Nature Conservancy Council for England: change of name).
Omit section 74 (conservation of biological diversity).
In section 82 (designation of areas of outstanding natural beauty), in subsection (1)—
for “the Countryside Agency (in this Part referred to as “the Agency”)” substitute “ Natural England ”, and
for “the Agency may” substitute “ Natural England may ”.
In each of the following provisions for “the Agency” substitute “ Natural England ”
section 84(1)(a) and (3);
section 86(6)(a);
section 90(1)(a)(i);
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in Schedule 13, paragraph 6(1).
In section 85 (general duty of public bodies etc.), in subsection (3), after the definition of “public office” insert—.
In section 87 (general purposes and powers), in subsection (2), omit “, but without incurring significant expenditure in doing so,”.
In section 90 (supplementary provisions relating to management plans for areas of outstanding natural beauty), in subsection (1)(a)(i), omit “and English Nature”.
In section 92 (interpretation of Part 4 etc.), in subsection (1), omit the definition of “the Agency”.
In section 101 (expenses), omit paragraph (a).
In Schedule 11 (transitional provisions and savings relating to sites of special scientific interest), in paragraph 7, after sub-paragraph (2) insert—
In the heading to paragraph 7, for “section 28A” substitute “ sections 28A to 28C ”.
Scottish Public Services Ombudsman Act 2002 (asp 11)
In Schedule 2 (listed authorities), in Part 2, omit paragraphs 62 and 65.
Water Act 2003 (c. 37)
In 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)
In Schedule 2 (the specified authorities), omit the entry relating to the Hill Farming Advisory Committee for Scotland.
Civil Contingencies Act 2004 (c. 36)
In Schedule 1 (Category 1 and 2 responders), after paragraph 11 insert—
Inland waterways
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In Part 1 of Schedule 17 to the Transport Act 1968 (provisions extending to Northern Ireland), omit “and 110”.
Repeals and revocations
In section 1(1), “There shall be a Countryside Agency which shall exercise functions in relation to England for the purposes specified in subsection (2) below; and” and “corresponding” (in both places).
Section 1(2).
In the heading to section 1, “Countryside Agency and the”.
In section 6(1), “as soon as may be after the commencement of this Act, and thereafter”.
Section 6(4)(a) and (c).
Section 9(2).
In section 11A(1), “, but without incurring significant expenditure in doing so,”.
Section 64(5).
In section 114(1), the definition of “the Agency”.
In section 19, subsections (1) to (5) and (9).
In section 20, in subsection (3), the words from “, and if, within” to the end and subsections (4) and (7).
In section 21, in subsection (1), paragraph (b) and “or” preceding it, “or, as the case may be, of the report or complaint” and “or direction”, in subsection (2), the proviso and subsection (3).
In section 32, in subsection (1), “or committee” (in both places) and “or appointed”, in subsections (2) and (3), “or committee” (in each place) and subsection (4).
In section 47, in subsection (2), “, consumers' committee, committee of investigation”.
In section 53, in subsection (5), “consumers' committee and committees of investigation shall operate, and the” and the words from “, but when any such committee” to the end of the subsection.
In Schedule 3, in Parts 2, 5 and 6, paragraphs 2 and 3.
In section 6(2), “(subject to section 17(2) of this Act)”.
In section 17, subsection (2) and, in subsection (3), paragraph (c) and “or” preceding it.
In section 2(9), “Agency and the” and “Agency or”.
In section 12(1), in the first sentence, “, at the request of, and in accordance with terms laid down by, the Agency or, as the case may be, the Council,” and the second sentence.
Section 15(6A).
Section 15A(5).
In section 23(5), “Countryside Agency and the” and “each”.
In section 45(1), “the Agency,”.
In section 46(4), “experimental projects or schemes,”.
In section 49(2), the definition of “the Agency”.
In section 19(3), “(with or without other persons)”.
Sections 19ZA and 19ZB.
Section 21(4A) and (4D).
In section 22(3), the words following paragraph (b).
In section 24(1), the words following paragraph (b).
Section 27A and the heading preceding it.
In section 34, in subsection (5), from “or Part” to the end and in subsection (6) the definition of “the Agency” and paragraph (b) of the definition of “the relevant authority”.
Section 39(5)(d).
In section 41, in subsection (3), the words after paragraph (b) and subsection (6).
In section 45, in subsection (1), “in England” and subsection (2).
In section 47, subsection (1) and, in subsection (2), “to the Countryside Agency or”.
In section 50(3), “(or, in Scotland, an arbiter)” and “(or, in Scotland, the arbiter's)”.
In section 51(2)(c), “the Ministers or”.
In section 52(1), the definition of “the Nature Conservancy Councils” and the words concerning the construction of references to “the Nature Conservancy Council”.
Schedule 13.
In section 130, in subsection (1) “, 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, in subsection (4), “and the Countryside Agency” and “respective”.
Section 131(5).
In section 132, in subsection (1), the words from “and the Councils shall” to the end, and subsection (3).
Section 133.
Section 134(2).
Sections 135 to 138.
In Schedule 6, paragraphs 1 and 15(1).
Schedule 7.
In Schedule 8, paragraphs 2(2) to (4) and (6)(a), 6(3) and (4).
In Schedule 9, paragraphs 4(2)(b), 10(3), 11(3), (5), (6)(a), (7)(b), (8), (12) and (13).
Schedule 10.
In section 156(8), “and” preceding the definition of “the Broads”.
In Schedule 1A, paragraph 11.
In Schedule 4, paragraph 6.
In Schedule 5, paragraph 21.
Section 80(4)(a).
In section 87(2), “, but without incurring significant expenditure in doing so,”.
In section 90(1)(a)(i), “and English Nature”.
In section 92(1), the definition of “the Agency”.
Section 101(a).
In Schedule 4, paragraph 5.
In Schedule 7, paragraphs 6 and 7.
In Schedule 8, paragraphs 1 and 2.
In Schedule 12, paragraph 8.
In Schedule 15, paragraph 1.
Articles 21 and 22.
In Article 29(3), “or by the General Consumer Council (Northern Ireland) Order 1984”.
Article 7.
In Schedule 2, Part 3.