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Countryside and Rights of Way Act 2000 (c. 37)(The document as of February, 2008) Page 14 Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 | P.11 | P.12 | P.13 | P.14 | P.15 (7) Any person who-- (a) intentionally obstructs a wildlife inspector acting in the exercise of powers conferred by subsection (3) or (5), or (b) fails without reasonable excuse to give any assistance reasonably required under subsection (6), shall be guilty of an offence. (8) Any person who, with intent to deceive, falsely pretends to be a wildlife inspector shall be guilty of an offence. (9) In this section--
19ZB Power to take samples(1) A constable who suspects with reasonable cause that a specimen found by him in the exercise of powers conferred by section 19 is one in respect of which an offence under this Part is being or has been committed may require the taking from it of a sample of blood or tissue in order to determine its identity or ancestry. (2) A constable who suspects with reasonable cause that an offence under this Part is being or has been committed in respect of any specimen ("the relevant specimen") may require any person to make available for the taking of a sample of blood or tissue any specimen (other than the relevant specimen) in that person's possession or control which is alleged to be, or which the constable suspects with reasonable cause to be, a specimen a sample from which will tend to establish the identity or ancestry of the relevant specimen. (3) A wildlife inspector may, for the purpose of ascertaining whether an offence under section 6, 7, 9(5), 13(2) or 14 is being or has been committed, require the taking of a sample of blood or tissue from a specimen found by him in the exercise of powers conferred by section 19ZA(3)(a) to (c) in order to determine its identity or ancestry. (4) A wildlife inspector may, for the purpose of ascertaining whether an offence under section 6, 7, 9(5), 13(2) or 14 is being or has been committed in respect of any specimen ("the relevant specimen"), require any person to make available for the taking of a sample of blood or tissue any specimen (other than the relevant specimen) in that person's possession or control which is alleged to be, or which the wildlife inspector suspects with reasonable cause to be, a specimen a sample from which will tend to establish the identity or ancestry of the relevant specimen. (5) No sample from a live bird, other animal or plant shall be taken pursuant to a requirement under this section unless the person taking it is satisfied on reasonable grounds that taking the sample will not cause lasting harm to the specimen. (6) No sample from a live bird or other animal shall be taken pursuant to such a requirement except by a veterinary surgeon. (7) Where a sample from a live bird or other animal is to be taken pursuant to such a requirement, any person who has possession or control of the specimen shall give the person taking the sample such assistance as he may reasonably require for that purpose. (8) A constable entering premises under section 19(2), and any wildlife inspector entering premises under section 19ZA(3), may take with him a veterinary surgeon if he has reasonable grounds for believing that such a person will be required for the exercise on the premises of powers under subsections (1) to (4). (9) Any person who-- (a) intentionally obstructs a wildlife inspector acting in the exercise of the power conferred by subsection (3), (b) fails without reasonable excuse to make available any specimen in accordance with a requirement under subsection (2) or (4), or (c) fails without reasonable excuse to give any assistance reasonably required under subsection (7), shall be guilty of an offence. (10) In this section-- (a) "specimen" has the same meaning as in section 19ZA, and (b) in relation to a specimen which is a part of, or is derived from, a bird, other animal or plant, references to determining its identity or ancestry are to determining the identity or ancestry of the bird, other animal or plant. " 9 (1) In section 20 of that Act (time limit for summary prosecution of certain offences under Part I)-- (a) subsection (1) is omitted, and (b) in subsection (2) for "an offence to which this section applies" there is substituted "an offence under this Part". (2) Sub-paragraph (1) does not have effect in relation to any offence committed before the commencement of this paragraph. 10 (1) Section 21 of that Act (penalties, forfeitures etc. for offences under Part I) is amended as follows. (2) For subsections (1) to (3) there is substituted-- " (1) Subject to subsection (5), a person guilty of an offence under any of sections 1 to 13 or section 17 shall be liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale, or to both. " (3) In subsection (4)-- (a) in paragraph (a) for the words from "to a fine" to the end there is substituted "to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both", and (b) in paragraph (b) for "to a fine" there is substituted "to imprisonment for a term not exceeding two years or to a fine, or to both". (4) After subsection (4) there is inserted-- " (4A) Except in a case falling within subsection (4B), a person guilty of an offence under section 19ZA(7) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale. (4B) A person guilty of an offence under subsection (7) of section 19ZA in relation to a wildlife inspector acting in the exercise of the power conferred by subsection (3)(c) of that section shall be liable-- (a) on summary conviction, to a fine not exceeding the statutory maximum; (b) on conviction on indictment, to a fine. (4C) A person guilty of an offence under section 19ZA(8) shall be liable-- (a) on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum, or to both; (b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both. (4D) A person guilty of an offence under section 19ZB(9) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale. " (5) In subsection (5) the words ", (2) or (3)" are omitted. (6) Sub-paragraphs (1) to (5) and the repeal by this Act of provisions of the 1981 Act relating to special penalties do not have effect in relation to any offence committed before the commencement of this paragraph. 11 In section 24 of that Act (functions of the Nature Conservancy Councils), in subsection (4) for paragraph (c) there is substituted-- " (c) any wildlife inspector, " . 12 In section 27 of that Act (interpretation of Part I), in subsection (1) after the definition of "wild plant" there is inserted-- " "wildlife inspector" has the meaning given by section 19ZA(1). " 13 In section 24(2) of the [1984 c. 60.] Police and Criminal Evidence Act 1984 (arrestable offences), after paragraph (r) there is inserted-- " (s) an offence under section 1(1) or (2) or 6 of the Wildlife and Countryside Act 1981 (taking, possessing, selling etc. of wild birds) in respect of a bird included in Schedule 1 to that Act or any part of, or anything derived from, such a bird; (t) an offence under any of the following provisions of the Wildlife and Countryside Act 1981-- (i) section 1(5) (disturbance of wild birds), (ii) section 9 or 13(1)(a) or (2) (taking, possessing, selling etc. of wild animals or plants), (iii) section 14 (introduction of new species etc.). " Section 86(2). SCHEDULE 13 Areas of outstanding natural beauty: conservation boardsInterpretation1 In this Schedule--
Status and constitution of conservation boards2 A conservation board shall be a body corporate. 3 (1) A conservation board shall consist of-- (a) such number of local authority members as may be specified in the relevant order, (b) such number of members to be appointed by the Secretary of State or the National Assembly for Wales as may be so specified, and (c) in the case of an English conservation board, such number of parish members as may be so specified. (2) The numbers specified in the relevant order for any conservation board in relation to the membership of the board must be such that-- (a) the number of local authority members is at least 40 per cent. of the total number of members, and (b) in the case of an English conservation board, the number of parish members is at least 20 per cent. of the total number of members. Local authority members4 (1) The local authority members of a conservation board shall be appointed in accordance with the provisions of the relevant order. (2) The relevant order must provide either-- (a) for the local authority members to be appointed by such of the local authorities for areas wholly or partly comprised in the area of outstanding natural beauty as may be specified in or determined under the order ("the relevant councils"), or (b) for the local authority members to be appointed by such of the relevant councils as may be determined in accordance with a scheme contained in the relevant order. (3) A person shall not be appointed as a local authority member of a conservation board unless he is a member of a local authority the area of which is wholly or partly comprised in the relevant area of outstanding natural beauty; and, in appointing local authority members of a conservation board, a local authority shall have regard to the desirability of appointing members of the authority who represent wards, or (in Wales) electoral divisions, situated wholly or partly within the relevant area of outstanding natural beauty. (4) Subject to the following provisions of this Schedule and to the provisions of the relevant order, where a person who qualifies for his appointment by virtue of his membership of any local authority is appointed as a local authority member of a conservation board-- (a) he shall hold office from the time of his appointment until he ceases to be a member of that authority; but (b) his appointment may, before any such cessation, be terminated for the purposes of, and in accordance with, sections 15 to 17 of the [1989 c. 42.] Local Government and Housing Act 1989 (political balance). (5) Sub-paragraph (4)(a) shall have effect so as to terminate the term of office of a person who, on retiring from any local authority, immediately becomes such a member again as a newly elected councillor; but a person who so becomes a member again shall be eligible for re-appointment to the conservation board. (6) The appointment of any person as a local authority member of a conservation board may provide that he is not to be treated for the purposes of sub-paragraph (4) as qualifying for his appointment by virtue of his membership of any local authority other than that specified in the appointment. (7) In paragraph 2(1) of Schedule 1 to the Local Government and Housing Act 1989 (bodies to which appointments have to be made taking account of political balance), after paragraph (ba) there is inserted-- " (bb) a conservation board established by order under section 86 of the Countryside and Rights of Way Act 2000; " . Parish members5 (1) The parish members of an English conservation board shall be appointed in accordance with the provisions of the relevant order, by-- (a) the parish councils for parishes the whole or any part of which is comprised in the relevant area of outstanding natural beauty, and (b) the parish meetings of any of those parishes which do not have separate parish councils. (2) A person shall not be appointed as a parish member of an English conservation board unless he is-- (a) a member of the parish council for a parish the whole or any part of which is comprised in the relevant area of outstanding natural beauty, or (b) the chairman of the parish meeting of a parish-- (i) which does not have a separate parish council, and (ii) the whole or any part of which is comprised in the relevant area of outstanding natural beauty. (3) Subject to the following provisions of this Schedule and to the provisions of the relevant order, where a person who qualifies for his appointment by virtue of his membership of a parish council is appointed as a parish member of an English conservation board, he shall hold office from the time of his appointment until he ceases to be a member of that parish council. (4) Subject to the following provisions of this Schedule and to the provisions of the relevant order, where a person who qualifies for his appointment by virtue of his being the chairman of a parish meeting is appointed as a parish member of an English conservation board, he shall hold office from the time of his appointment until he ceases to be the chairman of that parish meeting. (5) Sub-paragraph (3) or (4) shall not have effect so as to terminate the term of office of a person who retires from a parish council, or ceases to be the chairman of a parish meeting, until such time as may be determined by the Secretary of State or the National Assembly for Wales in accordance with the relevant order. (6) A person who-- (a) on retiring from a parish council, or (b) on ceasing to be the chairman of a parish meeting, becomes a member of the parish council again as a newly elected councillor or, as the case may be, is elected to succeed himself as chairman of any parish meeting is eligible for re-appointment to the conservation board at the time mentioned in sub-paragraph (5). Members appointed by the Secretary of State or the National Assembly for Wales6 (1) Before appointing any person as a member of a conservation board, the Secretary of State shall consult the Agency. (2) Before appointing any person as a member of a conservation board, the National Assembly for Wales shall consult the Council. (3) Subject to the following provisions of this Schedule and to the provisions of the relevant order, a person appointed as a member of a conservation board by the Secretary of State or the National Assembly for Wales-- (a) shall hold office for such period of not less than one year nor more than three years as may be specified in the terms of his appointment; but (b) on ceasing to hold office shall be eligible for re-appointment. (4) The term of office of a person appointed by the Secretary of State or the National Assembly for Wales to fill such a vacancy in the membership of a conservation board as occurs where a person appointed by the Secretary of State or the Assembly ceases to be a member of the board before the end of his term of office may be for a period of less than one year if it is made to expire with the time when the term of office of the person in respect of whom the vacancy has arisen would have expired. (5) Subject to the provisions of this Schedule and of the relevant order, a member of a conservation board appointed by the Secretary of State or the National Assembly for Wales shall hold office in accordance with the terms of his appointment. Chairman and deputy chairman7 (1) The members of a conservation board shall elect, from amongst their members, both a chairman and a deputy chairman of the board. (2) Subject to sub-paragraphs (3) and (4), the chairman and deputy chairman of a conservation board shall be elected for a period not exceeding one year; but a person so elected shall, on ceasing to hold office at the end of his term of office as chairman or deputy chairman, be eligible for re-election. (3) A person shall cease to hold office as chairman or deputy chairman of a conservation board if he ceases to be a member of the board. (4) Where a vacancy occurs in the office of chairman or deputy chairman of a conservation board, it shall be the duty of the members of that board to secure that the vacancy is filled as soon as possible. Audit8 In Schedule 2 to the Audit Commission Act 1998 (accounts subject to audit) in paragraph 1 after paragraph (j) there is inserted-- " (jj) a conservation board established by order under section 86 of the Countryside and Rights of Way Act 2000; " . Section 87(6). SCHEDULE 14 Supplemental powers of conservation boardsInterpretation1 In this Schedule--
Power to acquire land2 (1) For the purposes of any of their functions under this or any other enactment, a conservation board may acquire by agreement any land, whether situated inside or outside their area of outstanding natural beauty. (2) The reference in sub-paragraph (1) to acquisition by agreement is a reference to acquisition for money or money's worth as purchaser or lessee. Power to dispose of land3 Subject to paragraphs 4 to 6 and to the provisions of the relevant order, a conservation board may dispose, in any manner they wish, of land which is held by them but no longer required by them for the purposes of their functions. 4 (1) Except with the consent of the Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales), a conservation board may not-- (a) dispose under paragraph 3 of land which consists of or forms part of a common, or formerly consisted of or formed part of a common, and is managed by a local authority in accordance with a local Act, (b) dispose under paragraph 3 of land, otherwise than by way of a short tenancy, for a consideration less than the best that can reasonably be obtained. (2) For the purposes of this paragraph a disposal of land is a disposal by way of a short tenancy if it consists-- (a) of the grant of a term not exceeding seven years, or (b) of the assignment of a term which at the date of the assignment has not more than seven years to run. 5 A conservation board may not dispose under paragraph 3 of any land consisting of or forming part of an open space unless before disposing of the land they cause notice of their intention to do so, specifying the land in question, to be advertised in two consecutive weeks in a newspaper circulating in the area in which the land is situated, and consider any objections to the proposed disposal which may be made to them. 6 Section 128 of the [1972 c. 70.] Local Government Act 1972 (consents to land transactions by local authorities) applies in relation to a conservation board as if a conservation board were a principal council and as if paragraphs 3 to 5 were contained in Part VII of that Act.) Provisions as to charges7 In section 152(2) of the [1989 c. 42.] Local Government and Housing Act 1989 (provisions as to charges), after paragraph (ja) there is inserted-- " (jb) a conservation board established by order under section 86 of the Countryside and Rights of Way Act 2000; " ; and section 151 of that Act (power to amend existing provisions as to charges) shall have effect as if references to an existing provision included references to any such provision as applied by or under Part IV of this Act. Section 93. SCHEDULE 15 Areas of outstanding natural beauty: consequential amendments and transitional provisionsPart I Consequential amendmentsNational Parks and Access to the Countryside Act 1949 (c. 97)1 In section 1 of the National Parks and Access to the Countryside Act 1949 (the Countryside Agency and the Countryside Council for Wales), in subsection (2)(a) after "National Parks or" there is inserted "under the Countryside and Rights of Way Act 2000". 2 In section 112(2) of that Act (provisions not applying to Epping Forest and Burnham Beeches), for "eighty-seven" there is substituted "eighty-nine". 3 In section 114(1) of that Act (interpretation), for the definition of "area of outstanding natural beauty" there is substituted-- " "area of outstanding natural beauty" means an area designated under section 82 of the Countryside and Rights of Way Act 2000; " . Harbours Act 1964 (c. 40)4 In Schedule 3 to the Harbours Act 1964, in paragraph 1, in paragraph (i) of the definition of "sensitive area" for "section 87 of the National Parks and Access to the Countryside Act 1949" there is substituted "section 82 of the Countryside and Rights of Way Act 2000". Highways Act 1980 (c. 66)5 In section 105A of the 1980 Act (environmental impact assessments), in subsection (6), for paragraph (e) there is substituted-- " (e) an area of outstanding beauty designated as such under section 82 of the Countryside and Rights of Way Act 2000. " . Derelict Land Act 1982 (c. 42)6 In section 1 of the Derelict Land Act 1982 (powers of Secretary of State), in subsection (11), in the definition of "area of outstanding natural beauty" for "section 87 of the National Parks and Access to the Countryside Act 1949" there is substituted "section 82 of the Countryside and Rights of Way Act 2000". Road Traffic Regulation Act 1984 (c. 27)7 In section 22 of the Road Traffic Regulation Act 1984 (traffic regulation for special areas in the countryside), at the end of subsection (1)(a)(ii) there is inserted "designated as such under section 82 of the Countryside and Rights of Way Act 2000". Housing Act 1985 (c. 68)8 In section 37 of the Housing Act 1985 (restriction on disposal of dwelling-houses in National Parks, etc), in subsection (1)(b) for "section 87 of the National Parks and Access to the Countryside Act 1949" there is substituted "section 82 of the Countryside and Rights of Way Act 2000". 9 In section 157 of that Act (restriction on disposal of dwelling-houses in National Parks, etc), in subsection (1)(b) for "section 87 of the National Parks and Access to the Countryside Act 1949" there is substituted "section 82 of the Countryside and Rights of Way Act 2000". Town and Country Planning Act 1990 (c. 8)10 In section 87 of the Town and Country Planning Act 1990 (exclusion of certain descriptions of land or development from a simplified planning zone), in subsection (1)(d) for "section 87 of the National Parks and Access to the Countryside Act 1949" there is substituted "section 82 of the Countryside and Rights of Way Act 2000". Environmental Protection Act 1990 (c. 43)11 In section 130 of the Environmental Protection Act 1990 (countryside functions of Countryside Council for Wales), in subsection (2)(a) after "National Parks or" there is inserted "under the Countryside and Rights of Way Act 2000". Water Industry Act 1991 (c. 56)12 In section 156 of the Water Industry Act 1991 (restriction on disposals of land), in subsection (8), in paragraph (a) of the definition of "area of outstanding natural beauty or special scientific interest", for "for the purposes of the National Parks and Access to the Countryside Act 1949" there is substituted "under section 82 of the Countryside and Rights of Way Act 2000". Environment Act 1995 (c. 25)13 In Schedule 13 to the Environment Act 1995 (review of old mineral planning permissions), in paragraph 2(4)(c) for "section 87 of the National Parks and Access to the Countryside Act 1949" there is substituted "section 82 of the Countryside and Rights of Way Act 2000". Housing Act 1996 (c. 52)14 In section 13 of the Housing Act 1996 (restriction on disposal of houses in National Parks, etc), in subsection (1)(b) for "section 87 of the National Parks and Access to the Countryside Act 1949" there is substituted "section 82 of the Countryside and Rights of Way Act 2000". Part II Transitional provisions15 In this Part "commencement" means the commencement of section 82. 16 Any order under section 87 of the 1949 Act (designation of areas of outstanding natural beauty) which is in force immediately before commencement is to be taken to have been made under section 82 in accordance with the provisions of Part IV of this Act, and may be amended or revoked by an order under that section. 17 Any reference in any instrument or document (whenever made) to designation as an area of outstanding natural beauty under section 87 of the 1949 Act or to an order under that section is, in relation to any time after commencement, to be taken to be a reference to designation as such an area under section 82 or to an order under that section. 18 Anything done before commencement in connection with a proposed order under section 87 of the 1949 Act is, as from commencement, to be taken to have been done in connection with a proposed order under section 82. Section 102. SCHEDULE 16 RepealsPart I Access to the countryside
Part II Public rights of way and road traffic
Part III Sites of special scientific interest
Part IV Wildlife
Part V Areas of outstanding natural beauty
Part VI Other
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