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

(The document as of February, 2008)

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

(2) Subject to the provisions of this Part, a person is guilty of an offence if he publishes or causes to be published any advertisement likely to be understood as conveying that he buys or sells, or intends to buy or sell--

(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.

(3) This section applies to an animal or plant which--

(a) is within section 14(1) or (2) (animals and plants which must not be released etc. into the wild),

(b) is of a description prescribed for the purposes of this section by an order made by the Secretary of State, and

(4) An order under subsection (3) may be made in relation to a particular area or a particular time of the year.

(5) Subsections (3) and (4) of section 14 (defence of due diligence etc.) apply to an offence under this section as they apply to an offence under that section. "

51 Codes of practice in connection with invasive non-native species

After section 14ZA of the 1981 Act insert--

" 14ZB Codes of practice in connection with invasive non-native species

(1) The Secretary of State may issue or approve a code of practice relating to--

(a) animals which are not ordinarily resident in and are not regular visitors to Great Britain in a wild state,

(b) animals or plants included in Schedule 9, or

(2) The Secretary of State may revise or replace a code or approve its revision or replacement.

(3) The Secretary of State must ensure that a code is published in a way that is appropriate for bringing it to the attention of persons likely to be affected by it.

(4) A person's failure to comply with a provision of a code does not make him liable to criminal or civil proceedings.

(5) 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. "

Enforcement etc. of provisions relating to wildlife

52 Enforcement powers in connection with wildlife

Schedule 5 contains amendments relating to enforcement powers in connection with wildlife.

53 Wildlife offences: time limits for proceedings

Schedule 6 contains provisions extending the time limit for summary proceedings for certain offences relating to wildlife.

54 Application of Part 1 of 1981 Act to Crown

(1) In the 1981 Act, before section 67 insert--

" 66A Application of Part 1 to Crown

(1) Subject to subsections (2) to (5), Part 1 and regulations and orders made under it bind the Crown.

(2) No contravention by the Crown of any provision of Part 1 makes the Crown criminally liable; but the High Court may, on the application of any person appearing to the Court to have an interest, declare unlawful an act or omission of the Crown which constitutes such a contravention.

(3) Despite subsection (2), Part 1 applies to persons in the public service of the Crown as it applies to other persons.

(4) But the powers conferred by sections 18A to 19XA are not exercisable in relation to premises occupied by the Crown.

(5) Nothing in this Part affects Her Majesty in her private capacity.

(6) Subsection (5) is to be read as if section 38(3) of the Crown Proceedings Act 1947 (c. 44) (meaning of Her Majesty in her private capacity) were contained in this Act. "

(2) For the heading to section 67, substitute "Application of Parts 2 and 3 to Crown land".

Part 4 Sites of special scientific interest

55 Offences in connection with SSSIs

(1) Amend section 28P of the Wildlife and Countryside Act 1981 (c. 69) (offences) as follows.

(2) After subsection (5) insert--

" (5A) A section 28G authority which, in the exercise of its functions, permits the carrying out of an operation which damages any of the flora, fauna or geological or physiographical features by reason of which a site of special scientific interest is of special interest--

(a) without first complying with section 28I(2), or

(b) where relevant, without first complying with section 28I(4) or (6),

is, unless there was a reasonable excuse for permitting the carrying out of the operation without complying, guilty of an offence and is liable on summary conviction to a fine not exceeding £20,000 or on conviction on indictment to a fine.

(5B) For the purposes of subsection (5A), it is a reasonable excuse in any event for a section 28G authority to permit the carrying out of an operation without first complying with section 28I(2), (4) or (6) if the operation in question was an emergency operation particulars of which (including details of the emergency) were notified to Natural England as soon as practicable after the permission was given. "

(3) After subsection (6) insert--

" (6A) A person (other than a section 28G authority acting in the exercise of its functions) who without reasonable excuse--

(a) intentionally or recklessly destroys or damages any of the flora, fauna, or geological or physiographical features by reason of which a site of special scientific interest is of special interest, or

(b) intentionally or recklessly disturbs any of those fauna,

is guilty of an offence and is liable on summary conviction to a fine not exceeding level 4 on the standard scale. "

(4) In subsection (7), after "(6)" (in both places) insert "or (6A)".

(5) In section 31 of the 1981 Act (restoration following offence under section 28P), in subsection (1)(b), after "28P(6)" insert "or (6A)".

56 Denotification

In section 28D of the 1981 Act (denotification), in subsection (1), for "no longer" substitute "not".

57 Effect of failure to serve certain notices in connection with SSSIs

After section 70A of the 1981 Act insert--

" 70B Effect of failure to serve certain notices

(1) This section applies where the relevant conservation body--

(a) has (whether before or after the commencement of this section) taken all reasonable steps to ensure that, under any provision listed in subsection (2), notice is served on every owner and occupier of any land to which the notice relates, but

(b) has failed to do so.

(2) The provisions are--

(a) section 28(1) (notification of SSSI);

(b) section 28(5) (confirmation or withdrawal of notification of SSSI);

(d) section 28A(5) (notice confirming or withdrawing variation of notification);

(e) section 28B(2) (notification of additional land to be included in SSSI);

(f) section 28B(7) (confirmation or withdrawal of notification);

(g) section 28C(2) (notification of enlargement of SSSI);

(h) section 28C(3) (confirmation or withdrawal of notification of enlargement);

(i) section 28D(2) (denotification);

(j) section 28D(5) (withdrawal or confirmation of denotification);

(k) section 28J(3) (notice of proposed management scheme);

(l) section 28J(8) (withdrawal or confirmation of management scheme).

(3) The validity of the notice is not affected by the failure to serve it on every owner and occupier of the land.

(4) For the purposes of sections 28 to 28Q, the time when the notice is to be treated as having been served is the time when the relevant conservation body took the last of the steps referred to in subsection (1)(a).

(5) If the relevant conservation body becomes aware of its failure to serve a notice on an owner or occupier, it must serve a copy of the notice on that owner or occupier.

(6) Nothing in subsection (3) or (4) renders the owner or occupier liable--

(a) in relation to anything done or omitted to be done before the commencement of this section, or

(b) under section 28P(1) or 28Q(4) in relation to anything done or omitted to be done before the copy of the notice is served under subsection (5).

(7) "The relevant conservation body" means--

(a) in relation to land in an area in England--

(i) subject to sub-paragraph (ii), Natural England;

(ii) in relation to any time before the commencement of section 27AA, English Nature;

(b) in relation to land in an area in Wales, the Countryside Council for Wales. "

58 Notices and signs relating to SSSIs

(1) After section 28R of the 1981 Act insert--

" 28S Notices and signs relating to SSSIs

(1) Natural England may, on any land included in a site of special scientific interest, put up and maintain notices or signs relating to the site.

(2) Natural England may remove any notice or sign put up under subsection (1).

(3) Any other person who intentionally or recklessly and without reasonable excuse takes down, damages, destroys or obscures a notice or sign put up under subsection (1) is guilty of an offence.

(4) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 4 on the standard scale. "

(2) In section 51 of the 1981 Act (powers of entry), in subsection (1), after paragraph (k) insert--

" (ka) for the purposes of putting up, maintaining or removing notices or signs under section 28S; " .

(3) In subsection (2) of that section, for "paragraphs (a) to (k)" substitute "paragraphs (a) to (ka)".

Part 5 National Parks and the Broads

59 Criteria for designating National Parks

(1) 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--

" (2A) Natural England may--

(a) when applying subsection (2)(a) in relation to an area, take into account its wildlife and cultural heritage, and

(b) when applying subsection (2)(b) in relation to that area, take into account the extent to which it is possible to promote opportunities for the understanding and enjoyment of its special qualities by the public. "

(2) 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.

60 Procedure for orders designating National Parks

(1) Amend the 1949 Act as follows.

(2) 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".

(3) After subsection (6) of that section insert--

" (7) In this section and Schedule 1 "local authority" means--

(a) in relation to England, a county council, district council or parish council;

(b) in relation to Wales, a county council, county borough council or community council. "

(4) In section 9 (development plans relating to National Parks), omit subsection (2).

(5) In Schedule 1, in paragraph 2, after sub-paragraph (2) (local inquiries to be held where objection by local authority not withdrawn) insert--

" (2A) In sub-paragraph (2) "local authority" does not include--

(a) in relation to an order designating a National Park in England, a parish council, or

(b) in relation to an order designating a National Park in Wales, a community council. "

61 Members of National Park authorities

(1) Amend Schedule 7 to the Environment Act 1995 (c. 25) (National Park authorities) as follows.

(2) In paragraph 1, for sub-paragraphs (2) to (6) (constitution of National Park authorities) substitute--

" (2) A National Park authority shall consist of--

(a) a specified number of local authority members,

(b) in the case of a National Park in England, a specified number of parish members to be appointed by the Secretary of State, and

and "specified" means specified in the relevant order.

(3) The total number of--

(a) local authority members, and

(b) parish members,

must exceed the number of other members. "

(3) In paragraph 2 (local authority members), for sub-paragraph (6) substitute--

" (5A) Sub-paragraph (5B) applies to a person who retires from being a member of a council by virtue of an election.

(5B) Sub-paragraph (5)(a) does not terminate his office as member of a National Park authority until--

(a) three months after he retires from being a member of the council, or

(b) if earlier, the day on which the National Park authority receives notice of a proposed replacement appointment;

but if he is re-elected he is eligible for re-appointment to the National Park authority. "

(4) In paragraph 3 (parish members of English National Park authorities), for sub-paragraph (4) substitute--

" (4A) Sub-paragraph (4B) applies to a person who retires from being a member of a parish council by virtue of an election.

(4B) Sub-paragraph (3) does not terminate his office as member of a National Park authority until--

(a) three months after he ceases to be a member of the parish council, or

(b) if earlier, the day on which the National Park authority receives notice of a proposed replacement appointment;

but if he is re-elected he is eligible for re-appointment to the National Park authority. "

(5) For sub-paragraph (6) of that paragraph substitute--

" (5A) Sub-paragraph (5B) applies to a person who retires from being chairman of a parish meeting by virtue of an election.

(5B) Sub-paragraph (5) does not terminate his office as member of a National Park authority until--

(a) three months after he retires from being chairman, or

(b) if earlier, the day on which the National Park authority receives notice of a proposed replacement appointment;

but if he is re-elected as chairman he is eligible for re-appointment to the National Park authority. "

(6) 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".

62 Expenditure by National Parks authorities

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,".

63 Notification of agricultural operations on moor and heath in National Parks

(1) 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.

(2) In subsection (1)--

(a) for "The Ministers" substitute "A National Park authority", and

(b) for "a National Park" substitute "the relevant Park".

(3) In subsection (2)(b), for "the Ministers" substitute "the National Park authority".

(4) In subsection (6), for "the Ministers, the Nature Conservancy Council and the Countryside Agency" substitute "Natural England".

(5) For subsection (8) substitute--

" (8) An order under this section shall be made by statutory instrument and the Statutory Instruments Act 1946 shall apply to such an instrument as if the order had been made by a Minister of the Crown. "

(6) In section 51 (powers of entry), in subsection (2)(c), omit "the Ministers or".

64 Functions of Broads Authority and others in relation to the Broads

(1) Amend the Norfolk and Suffolk Broads Act 1988 (c. 4) as follows.

(2) In section 2 (functions of the Authority: general), in subsection (1), for paragraphs (a) and (b) substitute--

" (a) conserving and enhancing the natural beauty, wildlife and cultural heritage of the Broads;

(b) promoting opportunities for the understanding and enjoyment of the special qualities of the Broads by the public; and " .

(3) In section 17A (general duty of public bodies etc.), in subsection (1), for paragraphs (a) and (b) substitute--

" (a) conserving and enhancing the natural beauty, wildlife and cultural heritage of the Broads;

(b) promoting opportunities for the understanding and enjoyment of the special qualities of the Broads by the public; and " .

(4) 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--

(a) charges of a kind mentioned in section 13(1) of the 1988 Act, or

(b) levies under section 14(1) of the 1988 Act.

65 Emergency financial assistance

(1) Amend section 155(4) of the Local Government and Housing Act 1989 (c. 42) (authorities eligible for emergency financial assistance) as follows.

(2) After paragraph (h) insert--

" (i) a National Park authority; or

(j) the Broads Authority. "

(3) Omit "or" preceding paragraph (h).

Part 6 Rights of way

Rights of way and mechanically propelled vehicles

66 Restriction on creation of new public rights of way

(1) No public right of way for mechanically propelled vehicles is created after commencement unless it is--

(a) 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

(b) created by the construction, in exercise of powers conferred by virtue of any enactment, of a road intended to be used by such vehicles.

(2) 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.

67 Ending of certain existing unrecorded public rights of way

(1) An existing public right of way for mechanically propelled vehicles is extinguished if it is over a way which, immediately before commencement--

(a) was not shown in a definitive map and statement, or

(b) was shown in a definitive map and statement only as a footpath, bridleway or restricted byway.

But this is subject to subsections (2) to (8).

(2) Subsection (1) does not apply to an existing public right of way if--

(a) 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,

(b) 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),

(c) 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,

(d) 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

(e) it was created by virtue of use by such vehicles during a period ending before 1st December 1930.

(3) Subsection (1) does not apply to an existing public right of way over a way if--

(a) 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,

(b) 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

(c) 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--

(i) was reasonably necessary to enable that person to obtain access to the land, or

(ii) 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.

(4) "The relevant date" means--

(a) in relation to England, 20th January 2005;

(b) in relation to Wales, 19th May 2005.

(5) Where, immediately before commencement, the exercise of an existing public right of way to which subsection (1) applies--

(a) was reasonably necessary to enable a person with an interest in land to obtain access to the land, or

(b) 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 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.

(6) 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.

(7) For the purposes of subsections (3)(c)(i) and (5)(a), it is irrelevant whether the person was, immediately before commencement, in fact--

(a) exercising the existing public right of way, or

(b) able to exercise it.

(8) 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.

(9) 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.

68 Presumed dedication of restricted byways and use by pedal cycles etc.

(1) Amend section 31 of the Highways Act 1980 (c. 66) (dedication of highway presumed after public use for 20 years) as follows.

(2) After subsection (1) insert--

" (1A) Subsection (1)--

(a) is subject to section 66 of the Natural Environment and Rural Communities Act 2006 (dedication by virtue of use for mechanically propelled vehicles no longer possible), but

(b) applies in relation to the dedication of a restricted byway by virtue of use for non-mechanically propelled vehicles as it applies in relation to the dedication of any other description of highway which does not include a public right of way for mechanically propelled vehicles. "

(3) After subsection (10) insert--

" (10A) Nothing in subsection (1A) affects the obligations of the highway authority, or of any other person, as respects the maintenance of a way. "

(4) After subsection (11) insert--

" (12) For the purposes of subsection (1A) "mechanically propelled vehicle" does not include a vehicle falling within section 189(1)(c) of the Road Traffic Act 1988 (electrically assisted pedal cycle). "

69 Presumed dedication and applications under section 53(5) of the 1981 Act

(1) In section 31 of the 1980 Act, after subsection (7) insert--

" (7A) Subsection (7B) applies where the matter bringing the right of the public to use a way into question is an application under section 53(5) of the Wildlife and Countryside Act 1981 for an order making modifications so as to show the right on the definitive map and statement.

(7B) The date mentioned in subsection (2) is to be treated as being the date on which the application is made in accordance with paragraph 1 of Schedule 14 to the 1981 Act. "

(2) The applications in relation to which the amendments made by subsection (1) apply include any application under section 53(5) of the Wildlife and Countryside Act 1981 (c. 69) which falls within section 67(3)(a), (b) or (c).

70 Supplementary

(1) In section 53(3) of the Wildlife and Countryside Act 1981 (modification of definitive map and statement in consequence of certain events)--

(a) in paragraph (b) (expiration of period raising a presumption of dedication), after "public path" insert "or restricted byway", and

(b) in paragraph (c)(i) (discovery of evidence of right of way), after "public path" insert ", a restricted byway".

(2) Amend section 34 of the Road Traffic Act 1988 (c. 52) (prohibition of driving mechanically propelled vehicles elsewhere than on roads) as follows.

(3) In subsection (2), omit "(subject to section 34A of this Act)".

(4) After subsection (2) insert--

" (2A) It is not an offence under this section for a person with an interest in land, or a visitor to any land, to drive a mechanically propelled vehicle on a road if, immediately before the commencement of section 47(2) of the Countryside and Rights of Way Act 2000, the road was--

(a) shown in a definitive map and statement as a road used as a public path, and

(b) in use for obtaining access to the land by the driving of mechanically propelled vehicles by a person with an interest in the land or by visitors to the land. "

(5) In subsection (6), for "and section 34A of this Act do" substitute "does".

(6) In subsection (7), insert at the appropriate place in the alphabetical order--

" "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; " .

(7) After subsection (7) insert--

" (8) A person--

(a) entering any land in exercise of rights conferred by virtue of section 2(1) of the Countryside and Rights of Way Act 2000, or

(b) entering any land which is treated by section 15(1) of that Act as being accessible to the public apart from that Act,

is not for the purposes of subsection (2A) a visitor to the land. "

(8) In Schedule 7 to the Countryside and Rights of Way Act 2000 (c. 37), omit paragraphs 6 and 7.

71 Interpretation

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