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

(The document as of February, 2008)

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8 A section 87 order may include provision as to the appointment of employees, their remuneration and other terms of employment.

Reports, accounts etc.

9 A section 87 order may include provision requiring the board to prepare and submit reports to persons specified in the order.

10 A section 87 order must include provision--

(a) requiring the board to prepare and submit accounts to persons specified in the order;

(b) requiring a statement of the accounts to be examined, certified and reported on by the Comptroller and Auditor General.

11 A section 87 order may include provision requiring any documents of a description specified in the order to be laid before--

(a) each House of Parliament;

(b) the National Assembly for Wales;

(c) the Scottish Parliament;

(d) the Northern Ireland Assembly.

Section 89

SCHEDULE 9 Functions which may be assigned to boards

1 Promoting or undertaking scientific research.

2 (1) Promoting or undertaking inquiry--

(a) as to materials and equipment, and

(b) as to methods of production, management and labour utilisation.

(2) Promoting or undertaking inquiry under sub-paragraph (1) includes promoting or undertaking--

(a) the discovery and development of--

(i) new materials, equipment and methods, and

(ii) improvements in those already in use,

(b) the assessment of the advantages of different alternatives, and

(c) the conduct of experimental establishments and of tests on a commercial scale.

3 Promoting the production and marketing of standard products.

4 Promoting the better definition of trade descriptions and consistency in the use of trade descriptions.

5 Developing, promoting, marketing or operating--

(a) standards relating to the quality of products, or

(b) systems for the classification of products.

6 Developing, reviewing or operating schemes for the certification of products or of operations connected with production or supply of products.

7 Undertaking the certification of products, the registration of certification trade marks, and the functions of proprietors of such marks.

8 Providing or promoting the provision of--

(a) training for persons engaged in or proposing to be engaged in the industry, and

(b) their education in subjects relevant to the industry.

9 (1) Promoting--

(a) the adoption of measures for securing safer and better working conditions, and

(b) the provision and improvement of amenities for persons employed.

(2) Promoting or undertaking inquiry as to measures for securing safer and better working conditions.

10 Promoting or undertaking research into the incidence, prevention and cure of industrial diseases.

11 Promoting or undertaking arrangements for encouraging the entry of persons into the industry.

12 Promoting or undertaking research for improving arrangements for marketing and distributing products.

13 Promoting or undertaking research into matters relating to the consumption or use of goods and services supplied by the industry.

14 Promoting arrangements--

(a) for co-operative organisations,

(b) for supplying materials and equipment, and

(c) for marketing and distributing products.

15 Promoting the development of export trade, including promoting or undertaking arrangements for publicity overseas.

16 Promoting or undertaking arrangements for better acquainting the public in the United Kingdom with the goods and services supplied by the industry and methods of using them.

17 Promoting or undertaking the collection and formulation of statistics.

18 Advising on any matters relating to the industry (other than remuneration or conditions of employment) as to which the appropriate authority may request the board to advise, and undertaking inquiry for the purpose of enabling the board to advise on such matters.

19 Undertaking arrangements for making available information obtained, and for advising, on matters with which the board is concerned in the exercise of any of its functions.

Section 90

SCHEDULE 10 Ancillary provisions relating to boards

Acting through subsidiaries

1 (1) A section 87 order may include provision--

(a) enabling the board to establish subsidiaries, and

(b) enabling or requiring the board to carry out specified functions through subsidiaries.

(2) "Subsidiary" means a subsidiary as defined by section 736 of the Companies Act 1985 (c. 6) or Article 4 of the Companies (Northern Ireland) Order 1986 (S.I. 1986/1032 (N.I. 6)).

Registers, returns and other information

2 (1) A section 87 order may include provision--

(a) with respect to registration in a register kept by the board of persons carrying on business in a specified industry;

(b) requiring the register to be made available (in accordance with the order) for inspection by the public;

(c) under which any right to inspect the register is subject to the payment of a reasonable fee.

(2) A section 87 order may include provision conferring power on the board to require persons carrying on business in a specified industry to supply to the board returns and other information.

Investigative powers

3 (1) A section 87 order may include provision conferring a power of entry on authorised officers for the purpose of enabling them to carry out functions of the board.

(2) But a section 87 order may not include provision by virtue of sub-paragraph (1) conferring power to enter a dwelling.

(3) A section 87 order may include provision conferring power on authorised officers to require persons of a description specified in the order--

(a) to provide information of a description so specified, or

(b) to produce documents of a description so specified.

(4) "Authorised officer", in relation to a power, means a person authorised to exercise the power by, or on behalf of, the board to which the section 87 order relates.

(5) A section 87 order may include provision--

(a) enabling a board to hold inquiries;

(b) enabling a board to require a person to attend to give evidence;

(c) as to appeals against a requirement imposed by virtue of paragraph (b).

Reserve funds etc.

4 (1) A section 87 order may include provision for enabling the board to establish and maintain a reserve fund for the purposes of its functions.

(2) A section 87 order may also make provision with respect to powers of investment over a reserve fund or any other money of the board which is not immediately required for any other purpose.

(3) A section 87 order may confer on the board--

(a) power to borrow money;

(b) power to charge property.

Levies

5 (1) A section 87 order may include provision--

(a) for the imposition by the board of charges ("levies") on such persons as may be specified in the order;

(b) as to limits on the amounts of levies;

(c) for the recovery of levies in such ways and through such channels as may be specified in the order.

(2) But a section 87 order may not include provision by virtue of sub-paragraph (1) except for the purpose of enabling a board--

(a) to meet its expenses in the exercise of its functions;

(b) to meet its administrative expenses;

(c) to further a purpose or the purposes for which it is established;

(d) to establish a reserve fund.

(3) The purpose or purposes for which any levies are imposed must be specified in the section 87 order.

Power to charge for services

6 A section 87 order may provide that the board (or a subsidiary of the board) may make such charges for any services as appear to the board (or subsidiary) to be reasonable.

Incidental powers

7 (1) A section 87 order may include provision enabling the board to do anything that appears to it to be conducive or incidental to the discharge of its functions.

(2) The order may, in particular, provide that the board may--

(a) enter into agreements;

(b) acquire or dispose of property;

(c) raise funds by means of voluntary contributions;

(d) accept gifts.

(3) The power to make provision falling within sub-paragraph (2)(c) applies whether or not the order also makes provision under paragraph 5 (levies).

Approval of appropriate authority, consultation etc.

8 (1) A section 87 order may include provision making the exercise of a specified function or description of functions conferred on the board--

(a) subject to the approval of the appropriate authority, or

(b) subject to any other conditions.

(2) The provision that may be made by virtue of sub-paragraph (1)(b) includes, in particular--

(a) provision requiring the board to be satisfied, before a levy is--

(i) imposed, or

(ii) terminated,

that the imposition or termination of the levy is desired by a substantial number of the persons who would be or are affected by the levy;

(b) provision requiring ballots to be conducted, in such circumstances as may be specified in the order, for the purpose of ascertaining the views of persons who would be or are affected by a levy;

(c) provision requiring the board to consult a specified person or a description of persons before exercising a specified function or description of functions.

(3) A section 87 order may include provision for the appointment of a Consumers' Committee which the board is required to consult in relation to specified matters.

Offences

9 (1) A section 87 order may create offences in relation to--

(a) failing to comply with a requirement relating to registration;

(b) obstructing an authorised officer exercising a power of entry;

(c) failing to comply with a requirement to provide information or produce documents;

(d) neglecting or failing to comply with a requirement to attend to give evidence;

(e) providing false or misleading information to a board or an authorised officer.

(2) If a section 87 order creates an offence by virtue of sub-paragraph (1), the order--

(a) must provide for the offence to be triable only summarily, and

(b) may not provide for the offence to be punishable with imprisonment.

(3) A section 87 order--

(a) may make provision enabling proceedings for an offence under the order to be brought within the period of 6 months beginning with the date on which evidence sufficient in the opinion of the prosecutor to warrant the proceedings came to his knowledge, but

(b) may not authorise the commencement of proceedings for such an offence more than 2 years after the date on which the offence was committed.

Section 105(1)

SCHEDULE 11 Minor and consequential amendments

Part 1 General

Destructive Imported Animals Act 1932 (c. 12)

1 (1) Amend section 5 (provisions as to musk rats found at large) as follows.

(2) In subsection (3) for "any persons employed by, or on behalf of, the department for that purpose" substitute "any authorised persons".

(3) After subsection (3) insert--

" (3A) "Authorised person" means--

(a) in relation to England and Wales, a person authorised in writing by the appropriate department to exercise powers under subsection (3);

(b) in relation to Scotland, a person employed by or on behalf of the appropriate department for the purposes of subsection (3). "

Hill Farming Act 1946 (c. 73)

2 Omit section 32 (advisory committees).

3 In section 34 (power to enter on and inspect land), after subsection (2) insert--

" (3) This section applies in relation to land in England as if, for the purposes of an agreement under Chapter 1 of Part 8 of the Natural Environment and Rural Communities Act 2006 (agreements with designated bodies), references to an officer of the appropriate Minister authorised by general or special directions given by him were references to a person authorised by the appropriate Minister by general or special directions given by him. "

Industrial Organisation and Development Act 1947 (c. 40)

4 In section 5 (restriction on disclosure of information), after subsection (3) insert--

" (3A) Subsections (2) and (3) do not apply to disclosure--

(a) by a development council established in relation to an industry whose activities include an agricultural activity;

(b) to, or to an officer of, Natural England;

(c) to, or to an officer of, the Commission for Rural Communities;

(d) to, or to an officer of, the Joint Nature Conservation Committee;

(e) to, or to an officer of, a body specified in Schedule 7 to the Natural Environment and Rural Communities Act 2006;

(f) to, or to an officer of, a board established under Chapter 2 of Part 8 of the 2006Act. "

5 (1) Amend section 9 (levies for certain purposes for industries for which there is no development council) as follows.

(2) In subsection (1), for "not a development council" substitute "neither a development council nor a relevant board".

(3) After subsection (1) insert--

" (1A) "Relevant board" means a board established under Chapter 2 of Part 8 of the Natural Environment and Rural Communities Act 2006. "

National Parks and Access to the Countryside Act 1949 (c. 97)

6 For the title of Part 1, substitute "The Countryside Council for Wales".

7 (1) Amend section 1 (the Countryside Agency and the Countryside Council for Wales) as follows.

(2) In subsection (1), omit--

(a) "There shall be a Countryside Agency which shall exercise functions in relation to England for the purposes specified in subsection (2) below; and", and

(b) "corresponding" (in both places).

(3) Omit subsection (2).

(4) In the heading, omit "Countryside Agency and the".

8 (1) Amend section 3 (power of Minister to give directions to Agency or Council) as follows.

(2) In subsection (1)--

(a) for "the Agency or to the Council", and

(b) for "the Agency or Council",

substitute "the Council".

(3) In the heading, for "Commission" substitute "the Council".

9 In section 4A (application of Part 2 in Wales), in subsection (2), for "the Countryside Agency" substitute "Natural England".

10 In each of the following provisions for "the Agency" substitute "Natural England"--

(a) section 5(2) and (3);

(b) section 6(1), (3), (4) and (5);

(c) section 7(1), (2), (4) and (6);

(d) section 9(1);

(e) section 51(1), (2), (3) and (4);

(f) section 52(1) and (2);

(g) section 55(1) and (2);

(h) section 65(5) and (5A);

(i) section 85;

(j) section 86(1) and (2);

(k) section 86A;

(l) section 90(4);

(m) section 91(1).

11 (1) Amend section 6 (general duties of Agency in relation to National Parks) as follows.

(2) In subsection (1), omit "as soon as may be after the commencement of this Act, and thereafter".

(3) In subsection (4), omit paragraphs (a) and (c).

(4) In the heading, for "Commission" substitute "Natural England".

12 For section 15 (meaning of "nature reserve") substitute--

" 15 Meaning of "nature reserve"

(1) In this Part, "nature reserve" means--

(a) land managed solely for a conservation purpose, or

(b) land managed not only for a conservation purpose but also for a recreational purpose, if the management of the land for the recreational purpose does not compromise its management for the conservation purpose.

(2) Land is managed for a conservation purpose if it is managed for the purpose of--

(a) providing, under suitable conditions and control, special opportunities for the study of, and research into, matters relating to the fauna and flora of Great Britain and the physical conditions in which they live, and for the study of geological and physiographical features of special interest in the area, or

(b) preserving flora, fauna or geological or physiographical features of special interest in the area,

or for both those purposes.

(3) Land is managed for a recreational purpose if it is managed for the purpose of providing opportunities for the enjoyment of nature or for open-air recreation. "

13 (1) Amend section 15A (meaning of "Nature Conservancy Council") as follows.

(2) Number the provisions of section 15A as subsection (1).

(3) In subsection (1)--

(a) for "references to "the Nature Conservancy Council" are references" substitute "references to the appropriate conservation body are references", and

(b) in paragraph (a), for "English Nature" substitute "Natural England".

(4) After subsection (1) insert--

" (2) In this Part of this Act--

(a) "nature reserve agreement" means an agreement under section 7 of the 2006 Act for securing that land which it appears expedient in the national interest should be managed as a nature reserve shall be so managed, and

(b) "the 2006 Act" means the Natural Environment and Rural Communities Act 2006. "

(5) In the heading for ""Nature Conservancy Council"" substitute "appropriate conservation body".

14 (1) Amend section 16 (agreements for management of nature reserves) as follows.

(2) In subsection (1), for "the Nature Conservancy Council"--

(a) in the first place where it occurs, substitute "The Council or Scottish Natural Heritage", and

(b) in the second place where it occurs, substitute "the Council or (as the case may be) Scottish Natural Heritage".

(3) In subsection (3)(b) and (c), for "the Nature Conservancy Council" substitute "the Council or (as the case may be) Scottish Natural Heritage".

(4) In subsection (4), for "the Nature Conservancy Council", substitute "the Council".

(5) For the heading substitute "Agreements for management of nature reserves in Scotland and Wales".

15 In each of the following provisions for "the Nature Conservancy Council" substitute "the appropriate conservation body"--

(a) section 17(1) and (2);

(b) section 18(1) and (2);

(c) section 19(1), (2), (3), (4) and (5);

(d) section 20(1), (2)(c) and (3);

(e) section 21(1) and (6);

(f) section 22;

(g) section 103(1);

(h) section 106(1).

16 In section 17 (compulsory acquisition of land for establishment of nature reserves)--

(a) in subsection (2), for "agreement under the last foregoing section" substitute "nature reserve agreement or an agreement under section 16", and

(b) in the heading, for "Conservancy" substitute "conservation body".

17 In section 18 (compulsory acquisition of land for maintenance of nature reserves)--

(a) in subsection (1), for "an agreement under the last but one foregoing section" substitute "a nature reserve agreement or an agreement under section 16", and

(b) in the heading, for "Conservancy" substitute "conservation body".

18 In section 19 (declarations as to what are nature reserves), in subsection (1), for "an agreement entered into with them under the foregoing provisions of this Part of this Act" substitute "a nature reserve agreement or an agreement under section 16".

19 In section 21 (establishment of nature reserves by local authorities), in subsection (4), for "the Nature Conservancy Council" substitute "the appropriate conservation body, the Council or Scottish Natural Heritage".

20 In section 50A (application of Part 4 in Wales), in subsection (2), for "the Countryside Agency" substitute "Natural England".

21 In section 64 (access agreements), omit subsection (5).

22 In the heading to section 85 (general duty of Commission to advise on questions relating to natural beauty), for "Commission" substitute "Natural England and the Council".

23 In the heading to section 86 (information services to be provided by Commission), for "Commission" substitute "Natural England".

24 In section 114 (interpretation), in subsection (1), omit the definition of "the Agency".

25 In Schedule 1 (provisions as to making, confirmation, coming into operation and validity of certain instruments), in paragraph 2(5)--

(a) for "the Agency," in the first place where it occurs, substitute "Natural England,", and

(b) for "the Agency," in the second place where it occurs, substitute "Natural England, the".

Manoeuvres Act 1958 (7 & 8 Eliz. 2 c. 7)

26 In--

(a) section 1 (power to authorise execution of manoeuvres), in subsection (3)(a)(iii), and

(b) section 4 (manoeuvres commissions), in subsection (1)(d),

for "the Countryside Agency" substitute "Natural England".

Agricultural Marketing Act 1958 (c. 47)

27 In section 19 (consumers' committees and committees' of investigation), omit subsections (1) to (5) and (9).

28 (1) Amend section 20 (directions by Ministers to boards as respects certain matters) as follows.

(2) In subsection (3), omit the words from ", and if, within" to the end.

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