Natural Environment and Rural Communities Act 2006 (c. 16)

(The document as of February, 2008)

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(4) The Commission must comply with any directions given under this section.

Chapter 3 Supplementary

Transfer schemes etc.

26 Transfers on dissolution of English Nature and Countryside Agency

(1) The power conferred by subsection (2) is exercisable in connection with the dissolution of English Nature and the Countryside Agency.

(2) 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--

(a) Natural England,

(b) the Commission,

(d) a Minister of the Crown.

(3) On the transfer date, the designated property, rights or liabilities are transferred and vest in accordance with the scheme.

(4) A regional development agency is an agency established under section 1 of the Regional Development Agencies Act 1998 (c. 45).

27 Continuing powers to make transfer schemes

(1) The powers conferred by this section are exercisable in connection with the efficient management for public purposes of any property, rights or liabilities.

(2) 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--

(a) Natural England,

(b) the Commission, or

(3) The Secretary of State may at any time make one or more schemes for the transfer of designated property, rights or liabilities of--

(a) Natural England, or

(b) the Commission,

to a Minister of the Crown.

(4) On the transfer date, the designated property, rights or liabilities are transferred and vest in accordance with the scheme.

28 Transfer schemes: supplementary

(1) Schedule 3 contains further provisions relating to the making of schemes under sections 26 and 27.

(2) In sections 26 and 27 and Schedule 3--

"designated" in relation to a scheme, means specified in or determined in accordance with the scheme;
"the transfer date" means a date specified by a scheme as the date on which the scheme is to have effect.

29 Interim arrangements

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--

(a) Natural England, or

(b) the Commission.

Interpretation

30 Interpretation

(1) 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.

(2) For the purposes of this Part, a public authority is any of the following--

(a) a Minister of the Crown;

(b) a public body (including a government department, a local authority and a local planning authority);

(i) under the Crown,

(ii) created or continued in existence by a public general Act, or

(iii) the remuneration in respect of which is paid out of money provided by Parliament;

(d) a statutory undertaker.

(3) 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.

Part 2 Nature conservation in the UK

Joint Nature Conservation Committee etc.

31 Joint Nature Conservation Committee

The Joint Nature Conservation Committee--

(a) is to continue in existence, but

(b) is to be re-constituted in accordance with Schedule 4.

32 UK conservation bodies

(1) In this Part "the UK conservation bodies" means--

(a) for England, Natural England;

(b) for Wales, the Countryside Council for Wales;

(d) for Northern Ireland, the Council for Nature Conservation and the Countryside.

(2) In this Part "the GB conservation bodies" means the bodies mentioned in subsection (1)(a) to (c).

33 Purpose of functions under this Part

(1) The UK conservation bodies and the joint committee have the functions conferred on them by this Part for the purposes of--

(a) nature conservation, and

(b) fostering the understanding of nature conservation.

(2) Each of them must, in discharging their functions under this Part, have regard to--

(a) actual or possible ecological changes, and

(b) the desirability of contributing to sustainable development.

Coordinated functions

34 Functions of national or international significance

(1) The UK conservation bodies have the functions described in subsection (2), but those functions may be discharged only through the joint committee.

(2) The functions are--

(a) providing advice to the appropriate authorities on the development and implementation of policies for or affecting any nature conservation matter which--

(i) arises throughout the United Kingdom and raises issues common to England, Wales, Scotland and Northern Ireland,

(ii) arises in one or more (but not all) of those places and affects the interests of the United Kingdom as a whole, or

(iii) arises outside the United Kingdom;

(b) providing advice to any persons and disseminating knowledge about any matter falling within paragraph (a)(i), (ii) or (iii);

(c) 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;

(d) 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).

(3) "The appropriate authorities" means--

(a) the Secretary of State (or any other Minister of the Crown),

(b) the National Assembly for Wales,

(d) the relevant Northern Ireland department.

35 Advice from joint committee to UK conservation body

(1) The joint committee may give advice or information to any of the UK conservation bodies on any matter which--

(a) is connected with the functions of that UK conservation body, and

(b) in the opinion of the joint committee--

(i) arises throughout the United Kingdom and raises issues common to England, Wales, Scotland and Northern Ireland,

(ii) arises in one or more (but not all) of those places and affects the interests of the United Kingdom as a whole, or

(iii) arises outside the United Kingdom.

(2) In discharging their functions relating to nature conservation, the UK conservation bodies must have regard to any advice given to them under subsection (1).

36 GB functions with respect to wildlife

(1) The GB conservation bodies have the functions described in subsection (2), but those functions may be discharged only through the joint committee.

(2) The functions are--

(a) those under sections 22(3) and 24(1) of the 1981 Act (listing of protected animals and plants);

(b) commissioning or supporting (whether by financial means or otherwise) research which the joint committee thinks is relevant to those functions.

(3) "The 1981 Act" means the Wildlife and Countryside Act 1981 (c. 69).

37 UK conservation bodies: incidental powers for UK purposes, etc.

(1) Each of the UK conservation bodies may do anything that appears to it to be conducive or incidental to its functions under this Part.

(2) In particular each of them may for the purposes of its functions under this Part--

(a) acquire or dispose of property;

(b) accept gifts;

(3) Nothing in any of the enactments concerning the functions of the UK conservation bodies prevents any of them--

(a) if requested to do so by any of the others, from giving advice or information to the other, or

(b) from giving advice or information to the joint committee.

(4) "Enactment" includes an Act of the Scottish Parliament and Northern Ireland legislation.

Directions

38 Directions

(1) The Secretary of State may give the joint committee general or specific directions as to the discharge of any function under section 34 or 35 (but not as to the discharge of a function under section 36).

(2) 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.

(3) The Secretary of State must publish any directions given under this section as soon as is reasonably practicable after giving the directions.

(4) The power to give directions under this section includes power to vary or revoke the directions.

(5) The joint committee must comply with any directions given under this section.

Interpretation

39 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.

Part 3 Wildlife etc.

Biodiversity

40 Duty to conserve biodiversity

(1) Every public authority must, in exercising its functions, have regard, so far as is consistent with the proper exercise of those functions, to the purpose of conserving biodiversity.

(2) In complying with subsection (1), a Minister of the Crown, government department or the National Assembly for Wales must in particular have regard to the United Nations Environmental Programme Convention on Biological Diversity of 1992.

(3) Conserving biodiversity includes, in relation to a living organism or type of habitat, restoring or enhancing a population or habitat.

(4) "Public authority" means any of the following--

(a) a Minister of the Crown;

(b) the National Assembly for Wales;

(d) a person holding an office--

(i) under the Crown,

(ii) created or continued in existence by a public general Act, or

(iii) the remuneration in respect of which is paid out of money provided by Parliament;

(e) a statutory undertaker.

(5) In this section--

"local authority" means--
(a)
in relation to England, 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;
(b)
in relation to Wales, a county council, a county borough council or a community council;
"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 any provision of Part 11 of the Town and Country Planning Act 1990.

41 Biodiversity lists and action (England)

(1) 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 biodiversity.

(2) 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.

(3) Without prejudice to section 40(1) and (2), the Secretary of State must--

(a) 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

(b) promote the taking by others of such steps.

(4) The Secretary of State must, in consultation with Natural England--

(a) keep under review any list published under this section,

(b) make such revisions of any such list as appear to the Secretary of State appropriate, and

42 Biodiversity lists and action (Wales)

(1) The National Assembly for Wales must, as respects Wales, publish a list of the living organisms and types of habitat which in the Assembly's opinion are of principal importance for the purpose of conserving biodiversity.

(2) Before publishing any list the Assembly must consult the Countryside Council for Wales as to the living organisms or types of habitat to be included in the list.

(3) Without prejudice to section 40(1) and (2), the Assembly must--

(a) take such steps as appear to the Assembly 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

(b) promote the taking by others of such steps.

(4) The Assembly must, in consultation with the Countryside Council for Wales--

(a) keep under review any list published under this section,

(b) make such revisions of any such list as appear to the Assembly appropriate, and

Pesticides harmful to wildlife

43 Possession of pesticides harmful to wildlife

(1) 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.

(2) 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.

(3) 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--

(a) provision made by or under the Poisons Act 1972 (c. 66);

(b) regulations made under section 16(2) of the Food and Environment Protection Act 1985 (c. 48);

(d) the Plant Protection Products Regulations 2005 (S.I. 2005/1435) or any regulations replacing those regulations.

(4) 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).

(5) 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.

(6) The power to make an order under subsection (1) is exercisable by statutory instrument.

(7) A statutory instrument containing an order under subsection (1) is subject to annulment in pursuance of a resolution of either House of Parliament.

(8) 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.

(9) 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.

44 Enforcement powers in connection with pesticides

(1) An inspector may--

(a) 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,

(b) 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

(c) seize any substance found on the premises, if he has reasonable grounds for believing that it is evidence of an offence under section 43.

(2) "Inspector" means--

(a) a person authorised in writing by the Secretary of State to exercise the powers under this section in relation to England;

(b) a person authorised in writing by the National Assembly for Wales to exercise the powers under this section in relation to Wales.

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

(4) 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.

(5) Subsections (6) and (7) apply where an inspector seizes a substance under subsection (1)(c).

(6) The inspector must give to a person on the premises, or affix conspicuously to some object on the premises, a notice stating--

(a) what he has seized and the ground for seizing it, and

(b) the address for service for any claim for the return of the substance.

(7) The inspector--

(a) 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;

(b) 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.

(8) "The relevant period" means the period ending 28 days after--

(a) any proceedings in respect of an offence under section 43 are finally determined, or

(b) if no such proceedings are brought, the time for bringing such proceedings expires.

45 Codes of practice

(1) The Secretary of State may--

(a) issue a code of practice in connection with any of the provisions of section 44 or Schedule 2 to the Food and Environment Protection Act 1985 (c. 48) as applied by section 44(4), and

(b) revise or replace such a code.

(2) An inspector must have regard to any relevant provision of a code when discharging any function under any provision mentioned in subsection (1)(a).

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

(4) A code--

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

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

46 Interpretation

(1) This section has effect for the interpretation of sections 43 and 44.

(2) "Pesticide" means--

(a) a pesticide as defined by section 16(15) of the Food and Environment Protection Act 1985;

(b) 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.

(3) "Wild bird" and "wild animal" have the same meaning as in Part 1 of the Wildlife and Countryside Act 1981 (c. 69).

(4) "Premises" includes land (including buildings), movable structures, vehicles, vessels, aircraft and other means of transport.

Protection of birds

47 Protection for nests of certain birds which re-use their nests

(1) Amend the Wildlife and Countryside Act 1981 (c. 69) as follows.

(2) In section 1 (protection of wild birds, their nests and eggs), in subsection (1), after paragraph (a) insert--

" (aa) takes, damages or destroys the nest of a wild bird included in Schedule ZA1; " .

(3) At the beginning of the Schedules insert--

" SCHEDULE ZA1 Birds which re-use their nests

Common name	Scientific name
NOTE: The common name or names given in the first column of this Schedule are included by way of guidance only; in the event of any dispute or proceedings, the common name or names shall not be taken into account. "
Eagle, Golden	Aquila chrysaetos
Eagle, White-tailed	Haliaetus albicilla
Osprey	Pandion haliaetus

(4) In--

(a) section 4 (exceptions to sections 1 and 3), in subsection (1)(c), and

(b) section 7 (registration etc. of certain captive birds), in subsection (3A)(a)(i) and (c)(i),

after "Schedule" insert "ZA1 or".

(5) In section 22 (power to vary Schedules), in subsection (1), for "Schedules 1 to 4" substitute "Schedules ZA1 to 4".

48 Birds released into the wild as part of re-population programme

(1) In section 1 of the 1981 Act (protection of wild birds, their nests and eggs), for subsection (6) substitute--

" (6) For the purposes of this section the definition of "wild bird" in section 27(1) is to be read as not including any bird which is shown to have been bred in captivity unless it has been lawfully released into the wild as part of a re-population or re-introduction programme.

(6A) "Re-population" and "re-introduction" have the same meaning as in the Directive of the Council of the European Communities dated 2nd April 1979 (No 1979/409/EEC) on the conservation of wild birds. "

(2) In section 6 of the 1981 Act (sale etc. of live or dead wild birds, eggs etc.), for subsection (5) substitute--

" (5) Any reference in this section to any bird included in Part 1 of Schedule 3 is a reference to any bird included in that Part which--

(a) was bred in captivity,

(b) has been ringed or marked in accordance with regulations made by the Secretary of State, and

(5A) "Re-population" and "re-introduction" have the same meaning as in the Directive of the Council of the European Communities dated 2nd April 1979 (No 1979/409/EEC) on the conservation of wild birds.

(5B) Regulations made for the purposes of subsection (5)(b) may make different provision for different birds or different provisions of this section. "

49 Registration etc. of certain captive birds

In section 7 of the 1981 Act (registration etc. of certain captive birds), in subsection (3A), after paragraph (c) insert--

" (ca) any offence under subsection (1); " .

Invasive non-native species

50 Sale etc. of invasive non-native species

After section 14 of the 1981 Act insert--

" 14ZA Sale etc. of invasive non-native species

(1) Subject to the provisions of this Part, a person is guilty of an offence if he sells, offers or exposes for sale, or has in his possession or transports for the purposes of sale--

(a) an animal or plant to which this section applies, or

(b) anything from which such an animal or plant can be reproduced or propagated.

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