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

(The document as of February, 2008)

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71 Interpretation

(1) 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.

(2) In each of sections 66 and 67 "commencement" means the commencement of that section; and in section 67 "existing" means in existence immediately before commencement.

Traffic regulation in National Parks

72 Traffic regulation on byways etc. in National Parks

After section 22B of the Road Traffic Regulation Act 1984 (c. 27) insert--

" 22BB Traffic regulation on byways etc. in National Parks in England and Wales

(1) This section applies to a road--

(a) which is in a National Park in England or Wales,

(b) which is--

(i) shown in a definitive map and statement as a byway open to all traffic, a restricted byway, a bridleway or a footpath, or

(ii) a carriageway whose surface, or most of whose surface, does not consist of concrete, tarmacadam, coated roadstone or other prescribed material, and

(2) The National Park authority may--

(a) for a purpose mentioned in section 1(1)(a) to (g) or 22(2), by order make in respect of the road any such provision as is mentioned in section 2(1), (2) or (3) or 4(1);

(b) for the purpose of carrying out an experimental scheme of traffic control, by order make in respect of the road any such provision as is mentioned in section 2(1), (2) or (3) or 4(1);

(c) for a reason given in section 14(1)(a) or (b) or for a purpose mentioned in section 14(1)(c) or 22(2), by order make in respect of the road--

(i) any such provision as is mentioned in section 2(1), (2) or (3) or 4(1), or

(ii) any provision restricting the speed of vehicles.

(3) This Act has effect, subject to subsection (4) and any prescribed modifications, in relation to an order by a National Park authority under subsection (2)(a), (b) or (c) as it has effect in relation to an order by a local traffic authority under section 1, 9 or 14(1).

(4) Before making any order under subsection (2), the National Park authority must consult any authority which is a highway authority for the road.

22BC Section 22BB: supplementary

(1) Expressions used in section 22BB(1)(b) that are defined for the purposes of Part 3 of the Wildlife and Countryside Act 1981 by section 66(1) of that Act have the same meaning as in that Part.

(2) In section 22BB(1)(c) "relevant order" means--

(a) a traffic regulation order,

(b) an experimental traffic order,

(d) an order under section 22(4), or

(e) an order under section 22B,

but does not include an order made under section 22BB(2).

(3) In section 22BB "prescribed" means prescribed by regulations made--

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

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

(4) Any functions exercisable by the National Assembly for Wales by virtue of this section are to be treated for the purposes of section 44 of the Government of Wales Act 1998 (parliamentary procedures for subordinate legislation) as if made exercisable by the Assembly by an Order in Council under section 22 of that Act. "

Part 7 Inland waterways

73 Inland Waterways Advisory Council

The body established by section 110 of the Transport Act 1968 (c. 73) and known as the Inland Waterways Amenity Advisory Council is to be known instead as the Inland Waterways Advisory Council.

74 Constitution of Council

For section 110 of the 1968 Act substitute--

" 110 The Inland Waterways Advisory Council

(1) There is to be a body known as the Inland Waterways Advisory Council ("the Council").

(2) The Council is to consist of a chairman and not less than 12 other members.

(3) The chairman is to be appointed by the Secretary of State after consulting the Scottish Ministers.

(4) Two of the members are to be appointed by the Scottish Ministers after consulting the Secretary of State.

(5) In making those appointments, the Scottish Ministers must have regard to the desirability of appointing persons who appear to them to have specialist knowledge of Scotland.

(6) The other members of the Council are to be appointed by the Secretary of State.

(7) The members must include persons who appear to the person making the appointment to have wide knowledge of, and interest in, inland waterways. "

75 Term of office, procedure etc.

After section 110 of the 1968 Act insert--

" 110A Term of office, procedure etc.

(1) The members of the Council--

(a) hold and vacate office in accordance with their terms of appointment, and

(b) on ceasing to hold office, are eligible for reappointment;

but a member may at any time resign his office by notice in writing to the Secretary of State or (as the case may be) the Scottish Ministers.

(2) The Council--

(a) may, with the approval of the Secretary of State and after consulting the Scottish Ministers, appoint such regional committees as they think fit, and

(b) may appoint such other committees as they think fit.

(3) The Council may determine the procedure (including quorum) of the Council or any committee.

(4) The Secretary of State or the Scottish Ministers may pay the members of the Council--

(a) travelling and other expenses;

(b) allowances for loss of remunerative time.

(5) The Secretary of State may pay the chairman such remuneration as the Secretary of State may determine.

(6) If the chairman receives such remuneration he is not to be paid any allowance under subsection (4) for loss of remunerative time.

(7) The Secretary of State and the Scottish Ministers must provide the Council with such staff, accommodation, services and other facilities as appear to the Secretary of State and the Scottish Ministers to be necessary or expedient for the proper performance of the Council's functions. "

76 Functions of Council: England and Wales

After section 110A of the 1968 Act insert--

" 110B Functions of Council: England and Wales

(1) The Council--

(a) shall provide the Secretary of State and navigation authorities with such advice as appears to the Council appropriate about matters relevant to inland waterways in England and Wales, and

(b) may provide any other interested person with such advice.

(2) "Navigation authority" means any person who has a duty or power under any enactment to work, maintain, conserve, improve or control any canal or other inland navigation, navigable river, estuary, harbour or dock.

(3) "Interested person", in relation to any matter, means a person appearing to the Council to have a sufficient interest in the matter. "

77 Functions of Council: Scotland

After section 110B of the 1968 Act insert--

" 110C Functions of Council: Scotland

(1) The Council--

(a) shall provide the Scottish Ministers and the Waterways Board with such advice as appears to the Council appropriate about matters relevant to inland waterways in Scotland--

(i) which are owned or managed by the Waterways Board, or

(ii) in respect of which the Waterways Board is providing technical advice or assistance, and

(b) may provide any other interested person with such advice.

(2) "Interested person", in relation to any matter, means a person appearing to the Council to have a sufficient interest in the matter. "

Part 8 Flexible administrative arrangements

Chapter 1 Agreements with designated bodies

Powers to enter into agreements

78 Agreement between Secretary of State and designated body

(1) The Secretary of State may enter into an agreement with a designated body authorising that body to perform a DEFRA function--

(a) either in relation to the whole of England or in relation to specified areas in England;

(b) subject to paragraph (a), either generally or in specified cases.

"Specified" means specified in the agreement.

(2) An agreement under this section--

(a) may be cancelled by the Secretary of State at any time, and

(b) does not prevent the Secretary of State from performing a function to which the agreement relates.

(3) This section is subject to sections 81 and 82 (reserved functions and maximum duration of agreement).

79 Agreement between designated bodies

(1) 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 function--

(a) either in relation to the whole of England or in relation to specified areas in England;

(b) subject to paragraph (a), either generally or in specified cases.

"Specified" means specified in the agreement.

(2) The Secretary of State's approval may be given--

(a) in relation to a particular agreement or in relation to a description of agreements;

(b) unconditionally or subject to conditions specified in the approval.

(3) Subject to subsection (5), the Secretary of State--

(a) 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

(b) if it appears appropriate to do so in the light of the review, may cancel the agreement.

(4) Subject to subsection (5), an agreement under this section may not be varied except--

(a) by agreement between A and B, and

(b) with the approval of the Secretary of State.

(5) An approval given under subsection (1) may provide that subsection (3) or (4) does not apply (or that both of them do not apply).

(6) This section is subject to sections 81 and 82 (reserved functions and maximum duration of agreement).

80 Designated bodies

(1) In this Chapter "designated body" means a body listed in Schedule 7.

(2) The Secretary of State may by order amend Schedule 7 so as to--

(a) add a body to the list, or

(b) remove a body from it.

(3) 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 function.

(4) A body to be added to the list need not be a public body.

(5) The power to make an order under subsection (2) is exercisable by statutory instrument.

(6) A statutory instrument containing an order under subsection (2) is subject to annulment in pursuance of a resolution of either House of Parliament.

81 Reserved functions

(1) An agreement may not authorise a designated body to perform a reserved function.

(2) The reserved functions are--

(a) any function whose performance by the designated body would be incompatible with the purposes for which the body was established;

(b) any power of a Minister of the Crown to make or terminate appointments or lay reports or accounts;

(c) any power to make subordinate legislation, give directions or guidance or issue codes of practice (or to vary or revoke any of those things);

(d) 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;

(e) any function of an accounting officer in his capacity as such;

(f) except in relation to an agreement authorising a public body to perform functions--

(i) any power to enter, inspect, take samples or seize anything, and

(ii) any other power exercisable in connection with suspected offences;

(g) any function of the Secretary of State under the Water Industry Act 1991 or under any subordinate legislation made under that Act.

(3) The power to make an order under subsection (2)(d) is exercisable by statutory instrument.

(4) A statutory instrument containing an order under subsection (2)(d) is subject to annulment in pursuance of a resolution of either House of Parliament.

82 Maximum duration of agreement

The maximum period for which an agreement may authorise a designated body to perform--

(a) a DEFRA function, or

(b) a function that is related to or connected with a DEFRA function,

is 20 years.

Supplementary

83 Particular powers

(1) 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.

(2) 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--

(a) 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,

(b) the function is exercisable by A and B jointly,

(d) B is required to consent to the exercise of the function (whether generally or in specified circumstances).

(3) An agreement may provide--

(a) for the performance of a function to be subject to the fulfilment of conditions;

(b) for payments to be made in respect of the performance of the function.

(4) A designated body which is authorised under an agreement to perform a function--

(a) is to be treated as having power to do so;

(b) may, unless (or except to the extent that) the agreement provides for this paragraph not to apply--

(i) authorise a committee, sub-committee, member, officer or employee of the body to perform the function on its behalf;

(ii) form a body corporate and authorise that body to perform the function on its behalf.

(5) However, where the designated body is a local authority--

(a) subsection (4)(a) is subject to section 84(5)(a), and

(b) section 84 applies in place of subsection (4)(b).

(6) 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.

84 Agreements with local authorities

(1) This section applies where a local authority is authorised under an agreement to perform a function.

(2) 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--

(a) any power of a local authority to arrange for the discharge of the function by any person mentioned in subsection (3), and

(b) any power of a person mentioned in subsection (3) to arrange for the discharge of a function by any other person mentioned there.

(3) The persons are any committee, sub-committee, member, officer or employee of the local authority.

(4) "Committee" does not include a joint committee of two or more local authorities.

(5) If the local authority is operating executive arrangements--

(a) 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

(b) if (or to the extent that) the function is the responsibility of the executive of the local authority--

(i) subsection (2) does not apply, and

(ii) sections 14 to 16 of the 2000 Act, and any regulations made under sections 17 and 18 of the 2000 Act, apply.

(6) "Executive arrangements" and "executive" have the same meaning as in Part 2 of the 2000 Act.

(7) 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).

85 Supplementary provisions with respect to agreements

(1) An agreement, and any approval given by the Secretary of State under section 79, must be in writing.

(2) 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.

(3) No power of a Minister of the Crown under any enactment to give directions to a statutory body extends to giving a direction--

(a) requiring it to enter into an agreement;

(b) prohibiting it from entering into an agreement;

(d) requiring it to negotiate, or prohibiting it from negotiating, a variation or termination of an agreement.

(4) 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.

86 Interpretation

(1) In sections 81 to 85 "agreement" means an agreement under section 78 or 79.

(2) In this Chapter "DEFRA function" means a function which at the material time falls to be performed by or through the Department for Environment, Food and Rural Affairs.

(3) 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.

(4) In this Chapter--

"designated body" has the meaning given by section 80;
"local authority" means--
(a)
a local authority as defined in section 1(a) of the Local Government Act 2000 (c. 22), and
(b)
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).

Chapter 2 Powers to reform agricultural etc. bodies

Power to create boards

87 Power to establish boards

(1) The appropriate authority may by order--

(a) establish a body for a purpose or purposes falling within section 88, and

(b) assign to it a function or functions falling within section 89.

(2) The order must specify the area or areas in relation to which assigned functions are exercisable.

(3) The areas which may be specified under subsection (2) are--

(a) England or an area in England;

(b) Wales or an area in Wales;

(d) Northern Ireland or an area in Northern Ireland;

(e) any combination of any of the areas mentioned in paragraphs (a) to (d).

(4) 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.

(5) A board is to be known by a name specified in the order.

(6) Schedule 8 contains provisions about the constitution of boards and related matters.

88 Permissible purposes of boards

(1) The purposes referred to in section 87(1)(a) are--

(a) increasing efficiency or productivity in an agricultural or related industry;

(b) improving marketing in an agricultural or related industry;

(c) improving or developing services that an agricultural or related industry provides or could provide to the community;

(d) improving the ways in which an agricultural or related industry contributes to sustainable development.

(2) A section 87 order must specify--

(a) the purpose or purposes for which the board is established, and

(b) the industry to which the order relates.

(3) For the purposes of subsection (2)(b), it does not matter whether the specified industry is regarded for any other purpose as--

(a) an industry,

(b) a group of industries, or

(4) "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.

(5) "Related industry" means an industry which is concerned with the production, processing, manufacture, marketing or distribution of--

(a) anything (including any creature alive or dead) produced in the course of agriculture, and

(b) any product which is derived to any substantial extent from anything so produced.

(6) "Services" includes environmental and educational services.

89 Permissible functions of boards

(1) The functions referred to in section 87(1)(b) are--

(a) a function specified in Schedule 9 (a "Schedule 9 function");

(b) a function which, immediately before the commencement of the section 87 order, is a function of an existing levy body ("an existing function");

(d) a function which is a combination of two or more Schedule 9 functions or existing functions;

(e) any additional function, if it appears to the appropriate authority--

(i) to be related or similar to, or connected with, any function being assigned by virtue of any of paragraphs (a) to (d), or

(ii) to be capable of being conveniently exercised in association with any function being so assigned.

(2) In this Chapter "existing levy body" means--

(a) the British Potato Council;

(b) the Home-Grown Cereals Authority;

(d) the Meat and Livestock Commission;

(e) the Milk Development Council.

90 Ancillary provisions

Schedule 10 makes further provision about the contents of a section 87 order.

Power to dissolve existing levy bodies and boards

91 Power to dissolve existing levy bodies

(1) The appropriate authority may by order provide for the dissolution of any or all of the existing levy bodies.

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