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

(The document as of February, 2008)

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

(3) Omit subsections (4) and (7).

29 (1) Amend section 21 (temporary directions by Ministers) as follows.

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

(a) paragraph (b) and "or" preceding it,

(b) "or, as the case may be, of the report or complaint", and

(3) In subsection (2), omit the proviso.

(4) Omit subsection (3).

(5) In subsection (4), for "periods prescribed by subsections (2) and (3)" substitute "period prescribed by subsection (2)".

30 (1) Amend section 32 (general provisions as to commissions and committees) as follows.

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

(a) "or committee" (in both places), and

(b) "or appointed".

(3) In subsections (2) and (3), omit "or committee" (in each place).

(4) Omit subsection (4).

31 In section 47 (restrictions on disclosing certain information obtained under Act), in subsection (2), omit ", consumers' committee, committee of investigation".

32 In section 53 (provisions as to Northern Ireland), in subsection (5)--

(a) omit "consumers' committee and committees of investigation shall operate, and the",

(b) for "operate and are applicable respectively" substitute "are applicable", and

33 In Schedule 3 (matters referred to in the definition of "the Minister"), in Parts 2, 5 and 6, omit paragraphs 2 and 3.

Public Records Act 1958 (c. 51)

34 (1) In Schedule 1 (definition of public records), amend Part 2 of the table at the end of paragraph 3 as follows.

(2) Insert at the appropriate places--

" Commission for Rural Communities. " , and

" Natural England. " .

(3) Omit the entries relating to English Nature and the Countryside Agency.

Cereals Marketing Act 1965 (c. 14)

35 In section 6 (further non-trading functions of Authority), in subsection (2), omit "(subject to section 17(2) of this Act)".

36 In section 17 (offences in relation to scheme under section 16), omit--

(a) subsection (2), and

(b) in subsection (3), paragraph (c) and "or" preceding it.

Superannuation Act 1965 (c. 74)

37 In section 39 (meaning of "public office" etc.), in subsection (1), in paragraph 7, omit the entry relating to English Nature.

Sea Fisheries Regulation Act 1966 (c. 38)

38 In section 5A (byelaws under section 5 for marine environmental purposes), in subsection (3)(a), for "English Nature" substitute "Natural England".

Parliamentary Commissioner Act 1967 (c. 13)

39 (1) Amend Schedule 2 (departments and authorities subject to investigation) as follows.

(2) Insert at the appropriate places--

" Commission for Rural Communities. " , and

" Natural England. "

(3) Omit the entries relating to the Countryside Agency and English Nature.

Agriculture Act 1967 (c. 22)

40 Omit section 24 (disclosure of information).

Countryside Act 1968 (c. 41)

41 In the heading preceding section 1, for "Agency" substitute "Council for Wales".

42 For section 1 (general functions of the Countryside Agency and the Countryside Council for Wales) substitute--

" 1 General functions of the Countryside Council for Wales

(1) The purposes for which the Countryside Council for Wales is to exercise the functions conferred on them by this Act are those specified in section 130(2) of the Environmental Protection Act 1990.

(2) The Council may--

(a) make such charges for any of their services as they think fit,

(b) accept any gift or contribution made to them for the purposes of any of their functions, and, subject to the terms of the gift or contribution and to the provisions of the National Parks and Access to the Countryside Act 1949 (in this Act referred to as "the Act of 1949") and this Act, to apply it for those purposes, and

(c) do all such things as are incidental to, or conducive to the attainment of the purposes of, any of their functions. "

43 (1) Amend section 2 (new functions of the Agency) as follows.

(2) In subsection (1)--

(a) for "Agency and the Council shall each" substitute "Council shall", and

(b) for "Agency or Council" (in both places) substitute "Council".

(3) In subsections (2) to (4)--

(a) for "Agency and the Council" (in each place) substitute "Council", and

(b) for "Agency or Council" (in each place) substitute "Council".

(4) In subsection (5)--

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

(b) for "Agency or, as the case may be, the Council" substitute "Council", and

(i) for "Agency or Council" (in each place) substitute "Council", and

(ii) for "provisions of section 1(2)" substitute "purposes mentioned in section 1(1)".

(5) In subsections (6) to (8)--

(a) for "Agency and the Council" (in each place) substitute "Council", and

(b) for "Agency or Council" (in each place) substitute "Council".

(6) In subsection (9)--

(a) omit "Agency and the" and "Agency or", and

(b) for "Exchequer grants under the Act of 1949" substitute "grants under section 16 of the Welsh Development Agency Act 1975".

(7) In the heading, for "Agency" substitute "Council".

44 (1) Amend section 4 (experimental projects or schemes) as follows.

(2) In subsection (1)--

(a) for "Agency and the Council" substitute "Council", and

(b) for "Agency or Council" substitute "Council".

(3) In subsection (3) for "Agency or, as the case may be, the Council" substitute "Council".

(4) In subsections (4) to (6) for "Agency or Council" (in each place) substitute "Council".

(5) In subsection (5) for "Agency or by the Council" substitute "Council".

(6) In subsection (6) for "Agency or of the Council" substitute "Council".

45 In section 8 (country park: sailing, boating, bathing and fishing), in subsection (5), for "the Agency" substitute "Natural England".

46 (1) Amend section 12 (facilities in or near National Parks) as follows.

(2) In subsection (1)--

(a) in the first sentence, omit ", at the request of, and in accordance with terms laid down by, the Agency or, as the case may be, the Council,", and

(b) omit the second sentence.

(3) In subsection (5), in the first sentence, for "the Agency" substitute "Natural England".

47 In section 13 (lakes in national parks: control of boats etc.), in subsection (4)--

(a) for "sections 1 and" substitute "section", and

(b) for "the Agency" substitute "Natural England".

48 (1) Amend section 15 (agreements in respect of areas of special scientific interest) as follows.

(2) In --

(a) subsection (1), for "the Nature Conservancy Council (in this section referred to as "the Council")" substitute "the Council or Scottish Natural Heritage", and

(b) in subsections (2) and (3), after "the Council" insert "or (as the case may be) Scottish Natural Heritage".

(3) In subsection (6), in the substituted subsection (4), for "the Council" substitute "Scottish Natural Heritage".

(4) Omit subsection (6A).

49 (1) Amend section 15A (compulsory purchase) as follows.

(2) For subsection (1) substitute--

" (1) Natural England or the Council may, in the circumstances set out in subsection (2), acquire compulsorily all or part of the land which it appears to that body expedient to acquire for the purpose of conserving flora, fauna, or geological or physiographical features of special interest. "

(3) In subsection (2)--

(a) in paragraph (a)--

(i) for "the Nature Conservancy Council" substitute "Natural England or (as the case may be) the Council", and

(ii) for "such an agreement as is referred to in section 15(2)" substitute "an SSSI agreement", and

(b) in paragraph (b), for "such an agreement" substitute "an SSSI agreement".

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

(5) Omit subsection (5).

(6) After subsection (4) insert--

" (6) In this section "SSSI agreement" means--

(a) in relation to Natural England, an agreement under section 7 of the 2006 Act imposing, for the purpose of conserving flora, fauna, or geological or physiographical features of special interest, restrictions on the exercise of rights over land by persons having an interest in the land, or

(b) in relation to the Council, such an agreement as is referred to in section 15(2). "

50 In section 23 (provision of facilities by Forestry Commissioners), in subsection (5) omit "Countryside Agency and the" and "each".

51 In section 37 (protection for interests in countryside) for "the Agency, the Council, English Nature" substitute "Natural England, the Council".

52 In section 38 (avoidance of pollution), for "the Agency" substitute "Natural England".

53 (1) Amend section 41 (power to make byelaws and related provisions about wardens) as follows.

(2) For subsection (2) substitute--

" (2) Natural England and the Council may make byelaws for the preservation of order and other purposes mentioned in subsection (1)--

(a) in the case of Natural England, as respects land--

(i) to which the public have rights of access under a management agreement under section 7 of the Natural Environment and Rural Communities Act 2006, or

(ii) held by them for the purposes of an experimental scheme under section 8 of that Act, and

(b) in the case of the Council, as respects land--

(i) held by them for the purposes of section 4, or

(ii) to which the public have access under an agreement under section 4(5)(b). "

(3) In subsections (5), (8) and (9), for "the Agency" substitute "Natural England".

54 In section 45 (agreements with landowners), in subsection (1), omit "the Agency,".

55 (1) Amend section 46 (application of general provisions of 1949 Act) as follows.

(2) In subsection (2), for "references to the Nature Conservancy Council shall include references to the Agency and any reference to the Nature Conservancy Council," substitute "the reference to the appropriate conservation body".

(3) In subsection (4), omit "experimental projects or schemes,".

56 In section 49 (interpretation), in subsection (2), omit the definition of "the Agency".

Conservation of Seals Act 1970 (c. 30)

57 (1) Amend section 10 (power to grant licences) as follows.

(2) In subsection (3), in paragraph (b), for "the Nature Conservancy Council" substitute "the appropriate nature conservation body".

(3) In subsection (5) for "a reference to "the Nature Conservancy Council" is a reference to English Nature,", substitute ""the appropriate nature conservation body" means Natural England,".

Superannuation Act 1972 (c. 11)

58 (1) Amend Schedule 1 (kinds of employment to which that Act applies) as follows.

(2) Insert at the appropriate places--

" Commission for Rural Communities. " , and

" Natural England. "

(3) Omit the entries relating to the Countryside Agency and English Nature.

Local Government Act 1974 (c. 7)

59 For section 9 (grants and loans by the Countryside Agency and the Countryside Council for Wales) substitute--

" 9 Grants and loans by the Countryside Council for Wales

(1) In accordance with arrangements approved by the National Assembly for Wales, the Countryside Council for Wales may give financial assistance by way of grant or loan, or partly in the one way and partly in the other, to any person in respect of expenditure incurred by him in doing anything which, in the opinion of the Council, is conducive to the attainment of any of the purposes of--

(a) the National Parks and Access to the Countryside Act 1949,

(b) the Countryside Act 1968, or

(2) On making a grant or loan under this section the Countryside Council for Wales may impose such conditions as they think fit including (in the case of a grant) conditions for repayment in specified circumstances.

(3) The exercise of the power of the Countryside Council for Wales under this section is subject to any directions given to the Council by the National Assembly for Wales. "

House of Commons Disqualification Act 1975 (c. 24)

60 (1) Amend Schedule 1 (offices disqualifying for membership) as follows.

(2) In Part 2 (bodies of which all members are disqualified), insert at the appropriate places--

" Commission for Rural Communities. " , and

" Natural England. "

(3) In Part 3 omit the entries relating to the Countryside Agency and English Nature.

Race Relations Act 1976 (c. 74)

61 (1) Amend Schedule 1A (bodies and other persons subject to general statutory duty) as follows.

(2) In Part 2, after the entry relating to the Commission for Racial Equality insert--

" Commission for Rural Communities. "

(3) In that Part, after the entry relating to the Insolvency Rules Committee insert--

" Natural England. "

(4) In that Part, omit the entries relating to English Nature, the Hill Farming Advisory Committee for Scotland and the Hill Farming Advisory Sub-Committee for Wales.

(5) In Part 3, omit the entry relating to the Countryside Agency.

Import of Live Fish (England and Wales) Act 1980 (c. 27)

62 In section 1 (power to limit the import etc. of fish and fish eggs), in subsection (2) for "English Nature" substitute "Natural England".

Highways Act 1980 (c. 66)

63 In section 105B (procedure), in subsection (8), in paragraph (b) of the definition of "the consultation bodies", for "the Countryside Agency, English Heritage and English Nature" substitute "Natural England and English Heritage".

64 In section 119D (diversion of certain highways for protection of sites of special scientific interest), in subsection (12), in paragraph (a) of the definition of "the appropriate conservation body", for "English Nature" substitute "Natural England".

65 In section 119E (provisions supplementary to section 119D), in subsection (2), at the end of paragraph (a) insert "and" and omit paragraph (c) and "and" preceding it.88

66 In section 120 (exercise of powers of making public path extinguishment and diversion orders), in subsection (2)(c), for "the Countryside Agency" substitute "Natural England".

67 In section 135A (temporary diversion for dangerous works), in subsection (6)(b), for "the Countryside Agency" substitute "Natural England".

Animal Health Act 1981 (c. 22)

68 (1) Amend section 21 (destruction of wild life on infection other than rabies) as follows.

(2) In subsection (3), for "Nature Conservancy Council" substitute "appropriate conservation body".

(3) In subsection (9), in the definition of "Nature Conservancy Council", for ""Nature Conservancy Council" means English Nature," substitute ""appropriate conservation body" means Natural England,".

69 In section 22 (powers of entry for section 21), in subsection (7)--

(a) in paragraph (a), for "a Nature Conservancy Council under section 132 of the Environmental Protection Act 1990 or by Scottish Natural Heritage under section 4(7) of the Natural Heritage (Scotland) Act 1991" substitute "the appropriate conservation body", and

(b) for "the Council" (in both places) substitute "the body".

Wildlife and Countryside Act 1981 (c. 69)

70 In section 10 (exceptions to section 9), in subsection (5), for "Nature Conservancy Council" substitute "conservation body".

71 In section 15 (endangered species (import and export)), in subsection (2), for "Nature Conservancy Councils" substitute "GB conservation bodies".

72 (1) Amend section 16 (power to grant licences) as follows.

(2) In subsection (4), for "section 14" substitute "sections 14 and 14ZA".

(3) In subsections (9)(a) and (c), (10)(b) and (11), for "Nature Conservancy Council" substitute "conservation body".

(4) In subsection (10)(a)--

(a) for "Nature Conservancy Councils" substitute "GB conservation bodies", and

(b) for "Council" substitute "body".

(5) Sub-paragraph (2) extends to England and Wales (including their adjacent territorial waters) only.

73 (1) In section 21 (penalties, forfeitures, etc.), in subsections (4) and (6)(b), after "section 14" insert "or 14ZA".

(2) This paragraph extends to England and Wales (including their adjacent territorial waters) only.

74 (1) Amend section 22 (power to vary Schedules) as follows.

(2) In subsection (3)--

(a) for "jointly to him by the Nature Conservancy Councils" substitute "to him by the GB conservation bodies acting through the Joint Nature Conservation Committee in accordance with Part 2 of the 2006 Act"; and

(b) omit the words following paragraph (b).

(3) After subsection (3) insert--

" (3A) The 2006 Act means the Natural Environment and Rural Communities Act 2006. "

75 (1) Amend section 24 (functions of Nature Conservancy Council) as follows.

(2) In subsection (1)--

(a) for "Nature Conservancy Councils, acting jointly," substitute "GB conservation bodies, acting through the Joint Nature Conservation Committee in accordance with Part 2 of the 2006 Act", and

(b) omit the words following paragraph (b).

(3) After subsection (1) insert--

" (1A) The 2006 Act means the Natural Environment and Rural Communities Act 2006. "

(4) In subsection (4), for "Nature Conservancy Councils" substitute "GB conservation bodies".

(5) For the heading substitute "Functions of GB conservation bodies".

76 (1) Amend section 27 (interpretation of Part 1) as follows.

(2) In subsection (1), in paragraph (c) of the definition of "authorised person", for "Nature Conservancy Councils" substitute "GB conservation bodies".

(3) In that subsection, after the definition of "poultry", insert--

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

(4) For subsection (3A) substitute--

" (3A) In this Part "the GB conservation bodies" means--

(a) Natural England,

(b) the Countryside Council for Wales, and

and references to a conservation body are to be read accordingly. "

(5) Sub-paragraph (3) extends to England and Wales (including their adjacent territorial waters) only.

77 Omit section 27A (construction of references to Nature Conservancy Council) and the heading preceding it.

78 Before section 28 insert--

" Sites of special scientific interest and limestone pavements

27AA Application of sections 28 to 34 in Wales

In relation to land in Wales, sections 28 to 34 (which relate to sites of special scientific interest and limestone pavements) have effect as if references to Natural England were references to the Countryside Council for Wales. "

79 In sections 28 to 32 (which relate to sites of special scientific interest), for "the Nature Conservancy Council" and "the Council" (or "the Council's") substitute "Natural England" (or "Natural England's").

80 In section 28E (duties in relation to sites of special scientific interest), in subsection (3)(b), for "or section 15 of the 1968 Act" substitute ", section 15 of the 1968 Act or section 7 of the Natural Environment and Rural Communities Act 2006".

81 (1) Amend section 28G (statutory undertakers, etc.: general duty) as follows.

(2) In subsection (3)(e), omit "(meaning the persons referred to in section 262(1), (3) and (6) of the Town and Country Planning Act 1990)".

(3) After subsection (3) insert--

" (4) "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. "

82 In section 33 (ministerial guidance as respects areas of special scientific interest), in subsection (1), for "Nature Conservancy Councils" substitute "Natural England".

83 (1) Amend section 34 (limestone pavement orders) as follows.

(2) For subsection (1) substitute--

" (1) Natural England must notify any local planning authority of any limestone pavement in that authority's area. "

(3) In subsection (3), for "the Council and the Agency" substitute "Natural England".

(4) In subsection (5), omit from "or Part" to the end.

(5) In subsection (6), omit--

(a) the definition of "the Agency", and

(b) paragraph (b) of the definition of "the relevant authority".

84 Before section 35 insert--

" Nature reserves, marine nature reserves and Ramsar sites

34A Meaning of "appropriate conservation body"

In the following provisions of this Part "the appropriate conservation body" means--

(a) in relation to England, Natural England;

(b) in relation to Wales, the Countryside Council for Wales;

85 In sections 35 to 37, for "the Nature Conservancy Council" and "the Council" substitute "the appropriate conservation body".

86 In section 37A (Ramsar sites--wetlands of international importance), in subsections (1)(a) and (3) for "English Nature" substitute "Natural England".

87 In section 39 (management agreements with owners and occupiers of land), omit subsection (5)(d).

88 (1) Amend section 41 (duties of agriculture Ministers with respect to the countryside) as follows.

(2) In subsection (3), omit the words after paragraph (b).

(3) In subsection (5), for the definitions of "management agreement" and "the relevant authority" substitute--

" "management agreement" means--

(a) in relation to England, an agreement under section 39 or under section 7 of the Natural Environment and Rural Communities Act 2006, and

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