Countryside and Rights of Way Act 2000

• (a) applies to the Council for such a payment; and

• (b) satisfies the Council that he has incurred the expenses.

Compensation and grants

19

• (1) Despite its repeal by paragraph 2 of Schedule 9 to this Act, section 30 (compensation where order made under section 29) continues to apply in connection with an order made under section 29 before the coming into force of that paragraph.

• (2) After the repeal of section 29 by that paragraph, section 32 (duties of agriculture Ministers with respect to areas of special scientific interest) continues to apply, in relation to an application under that section relating to land to which section 29(3) applied immediately before its repeal, as if that land were included in a site of special scientific interest.

Offences and restoration orders

20

• (1) Section 28P does not have effect in relation to an offence committed before the substitution date, but old section 28 or, as the case may be, section 29, has effect instead.

• (2) In relation to an offence under section 29, section 31 as it had effect before the coming into force of paragraph 3 of Schedule 9 to this Act shall continue to apply.

Powers of entry

21

Section 51 (powers of entry) has effect on and after the substitution date as if, in subsection (1), after paragraph (m) there were inserted—

(n) to determine whether or not to give or vary a stop notice;

,

Service of notices

22

Section 70A (service of notices) applies in relation to notices given under this Schedule as it applies in relation to notices and other documents required or authorised to be served or given under the 1981 Act.

SCHEDULE 12

1

In section 1(5) of the 1981 Act (offence of intentional disturbance of wild birds) after “intentionally” there is inserted “ or recklessly ”.

2

In section 3 of that Act (areas of special protection) in subsection (1)(c) for “the offender shall be liable to a special penalty” there is substituted “ the offence shall be treated as falling within section 7(3A) ”.

3

In section 6 of that Act (sale etc. of live or dead wild birds, eggs etc.), in subsection (2) the words from “who is not” to “Secretary of State” are omitted.

4

• (1) In section 7 of that Act (registration etc. of certain captive birds), in subsection (3)(a), for “for which a special penalty is provided” there is substituted “ which falls within subsection (3A) ”.

• (2) After subsection (3) of that section there is inserted—

(3A) The offences falling within this subsection are— (a) any offence under section 1(1) or (2) in respect of— (i) a bird included in Schedule 1 or any part of, or anything derived from, such a bird, (ii) the nest of such a bird, or (iii) an egg of such a bird or any part of such an egg; (b) any offence under section 1(5) or 5; (c) any offence under section 6 in respect of— (i) a bird included in Schedule 1 or any part of, or anything derived from, such a bird, or (ii) an egg of such a bird or any part of such an egg; (d) any offence under section 8.

.

5

In section 9 of that Act (protection of certain wild animals)—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) after that subsection there is inserted—

(4A) Subject to the provisions of this Part, if any person intentionally or recklessly disturbs any wild animal included in Schedule 5 as— (a) a dolphin or whale (cetacea), or (b) a basking shark (cetorhinus maximus), he shall be guilty of an offence.

6

In section 16(3) of that Act (power to grant licences) for “and (4)” there is substituted “ , (4) and (4A) ”.

7

In section 19 of that Act (enforcement of Part I), in subsection (3) for the words from “suspecting that” to “has been committed” there is substituted “ suspecting that an offence under this Part has been committed ”.

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9

• (1) In section 20 of that Act (time limit for summary prosecution of certain offences under Part I)—

• (a) subsection (1) is omitted, and

• (b) in subsection (2) for “an offence to which this section applies” there is substituted “ an offence under this Part ”.

• (2) Sub-paragraph (1) does not have effect in relation to any offence committed before the commencement of this paragraph.

10

• (1) Section 21 of that Act (penalties, forfeitures etc. for offences under Part I) is amended as follows.

• (2) For subsections (1) to (3) there is substituted—

(1) Subject to subsection (5), a person guilty of an offence under any of sections 1 to 13 or section 17 shall be liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale, or to both.

• (3) In subsection (4)—

• (a) in paragraph (a) for the words from “to a fine” to the end there is substituted “ to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both ”, and

• (b) in paragraph (b) for “to a fine” there is substituted “ to imprisonment for a term not exceeding two years or to a fine, or to both ”.

• (4) After subsection (4) there is inserted—

(4A) Except in a case falling within subsection (4B), a person guilty of an offence under section 19ZA(7) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale. (4B) A person guilty of an offence under subsection (7) of section 19ZA in relation to a wildlife inspector acting in the exercise of the power conferred by subsection (3)(c) of that section shall be liable— (a) on summary conviction, to a fine not exceeding the statutory maximum; (b) on conviction on indictment, to a fine. (4C) A person guilty of an offence under section 19ZA(8) shall be liable— (a) on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum, or to both; (b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both. (4D) A person guilty of an offence under section 19ZB(9) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

• (5) In subsection (5) the words “, (2) or (3)” are omitted.

• (6) Sub-paragraphs (1) to (5) and the repeal by this Act of provisions of the 1981 Act relating to special penalties do not have effect in relation to any offence committed before the commencement of this paragraph.

11

In section 24 of that Act (functions of the Nature Conservancy Councils), in subsection (4) for paragraph (c) there is substituted—

(c) any wildlife inspector,

.

12

In section 27 of that Act (interpretation of Part I), in subsection (1) after the definition of “wild plant” there is inserted—

“wildlife inspector” has the meaning given by section 19ZA(1).

13

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 13

Interpretation

1

In this Schedule—

• “an English conservation board” means a conservation board for an area of outstanding natural beauty in England;

• “the relevant order”, in relation to a conservation board, means—the order under section 86 establishing that board,any order under that section relating to that board, orany order made in relation to that board in exercise of the power to amend an order under that section.

Status and constitution of conservation boards

2

A conservation board shall be a body corporate.

3

• (1) A conservation board shall consist of—

• (a) such number of local authority members as may be specified in the relevant order,

• (b) such number of members to be appointed by the Secretary of State or the National Assembly for Wales as may be so specified, and

• (c) in the case of an English conservation board, such number of parish members as may be so specified.

• (2) The numbers specified in the relevant order for any conservation board in relation to the membership of the board must be such that—

• (a) the number of local authority members is at least 40 per cent. of the total number of members, and

• (b) in the case of an English conservation board, the number of parish members is at least 20 per cent. of the total number of members.

Local authority members

4

• (1) The local authority members of a conservation board shall be appointed in accordance with the provisions of the relevant order.

• (2) The relevant order must provide either—

• (a) for the local authority members to be appointed by such of the local authorities for areas wholly or partly comprised in the area of outstanding natural beauty as may be specified in or determined under the order (“the relevant councils”), or

• (b) for the local authority members to be appointed by such of the relevant councils as may be determined in accordance with a scheme contained in the relevant order.

• (3) A person shall not be appointed as a local authority member of a conservation board unless he is a member of a local authority the area of which is wholly or partly comprised in the relevant area of outstanding natural beauty; and, in appointing local authority members of a conservation board, a local authority shall have regard to the desirability of appointing members of the authority who represent wards, or (in Wales) electoral wards, situated wholly or partly within the relevant area of outstanding natural beauty.

• (4) Subject to the following provisions of this Schedule and to the provisions of the relevant order, where a person who qualifies for his appointment by virtue of his membership of any local authority is appointed as a local authority member of a conservation board—

• (a) he shall hold office from the time of his appointment until he ceases to be a member of that authority; but

• (b) his appointment may, before any such cessation, be terminated for the purposes of, and in accordance with, sections 15 to 17 of the Local Government and Housing Act 1989 (political balance).

• (5) Sub-paragraph (4)(a) shall have effect so as to terminate the term of office of a person who, on retiring from any local authority, immediately becomes such a member again as a newly elected councillor; but a person who so becomes a member again shall be eligible for re-appointment to the conservation board.

• (6) The appointment of any person as a local authority member of a conservation board may provide that he is not to be treated for the purposes of sub-paragraph (4) as qualifying for his appointment by virtue of his membership of any local authority other than that specified in the appointment.

• (7) In paragraph 2(1) of Schedule 1 to the Local Government and Housing Act 1989 (bodies to which appointments have to be made taking account of political balance), after paragraph (ba) there is inserted—

(bb) a conservation board established by order under section 86 of the Countryside and Rights of Way Act 2000;

.

Parish members

5

• (1) The parish members of an English conservation board shall be appointed in accordance with the provisions of the relevant order, by—

• (a) the parish councils for parishes the whole or any part of which is comprised in the relevant area of outstanding natural beauty, and

• (b) the parish meetings of any of those parishes which do not have separate parish councils.

• (2) A person shall not be appointed as a parish member of an English conservation board unless he is—

• (a) a member of the parish council for a parish the whole or any part of which is comprised in the relevant area of outstanding natural beauty, or

• (b) the chairman of the parish meeting of a parish—

• (i) which does not have a separate parish council, and

• (ii) the whole or any part of which is comprised in the relevant area of outstanding natural beauty.

• (3) Subject to the following provisions of this Schedule and to the provisions of the relevant order, where a person who qualifies for his appointment by virtue of his membership of a parish council is appointed as a parish member of an English conservation board, he shall hold office from the time of his appointment until he ceases to be a member of that parish council.

• (4) Subject to the following provisions of this Schedule and to the provisions of the relevant order, where a person who qualifies for his appointment by virtue of his being the chairman of a parish meeting is appointed as a parish member of an English conservation board, he shall hold office from the time of his appointment until he ceases to be the chairman of that parish meeting.

• (5) Sub-paragraph (3) or (4) shall not have effect so as to terminate the term of office of a person who retires from a parish council, or ceases to be the chairman of a parish meeting, until such time as may be determined by the Secretary of State or the National Assembly for Wales in accordance with the relevant order.

• (6) A person who—

• (a) on retiring from a parish council, or

• (b) on ceasing to be the chairman of a parish meeting,

becomes a member of the parish council again as a newly elected councillor or, as the case may be, is elected to succeed himself as chairman of any parish meeting is eligible for re-appointment to the conservation board at the time mentioned in sub-paragraph (5).

Members appointed by the Secretary of State or the National Assembly for Wales

6

• (1) Before appointing any person as a member of a conservation board, the Secretary of State shall consult Natural England.

• (2) Before appointing any person as a member of a conservation board, the National Assembly for Wales shall consult the NRBW.

• (3) Subject to the following provisions of this Schedule and to the provisions of the relevant order, a person appointed as a member of a conservation board by the Secretary of State or the National Assembly for Wales—

• (a) shall hold office for such period of not less than one year nor more than three years as may be specified in the terms of his appointment; but

• (b) on ceasing to hold office shall be eligible for re-appointment.

• (4) The term of office of a person appointed by the Secretary of State or the National Assembly for Wales to fill such a vacancy in the membership of a conservation board as occurs where a person appointed by the Secretary of State or the Assembly ceases to be a member of the board before the end of his term of office may be for a period of less than one year if it is made to expire with the time when the term of office of the person in respect of whom the vacancy has arisen would have expired.

• (5) Subject to the provisions of this Schedule and of the relevant order, a member of a conservation board appointed by the Secretary of State or the National Assembly for Wales shall hold office in accordance with the terms of his appointment.

Chairman and deputy chairman

7

• (1) The members of a conservation board shall elect, from amongst their members, both a chairman and a deputy chairman of the board.

• (2) Subject to sub-paragraphs (3) and (4), the chairman and deputy chairman of a conservation board shall be elected for a period not exceeding one year; but a person so elected shall, on ceasing to hold office at the end of his term of office as chairman or deputy chairman, be eligible for re-election.

• (3) A person shall cease to hold office as chairman or deputy chairman of a conservation board if he ceases to be a member of the board.

• (4) Where a vacancy occurs in the office of chairman or deputy chairman of a conservation board, it shall be the duty of the members of that board to secure that the vacancy is filled as soon as possible.

Audit

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 14

Interpretation

1

In this Schedule—

• “common”, “disposal” and “open space” have the same meaning as in the Town and Country Planning Act 1990;

• “relevant order” has the same meaning as in Schedule 13.

Power to acquire land

2

• (1) For the purposes of any of their functions under this or any other enactment, a conservation board may acquire by agreement any land, whether situated inside or outside their area of outstanding natural beauty.

• (2) The reference in sub-paragraph (1) to acquisition by agreement is a reference to acquisition for money or money’s worth as purchaser or lessee.

Power to dispose of land

3

Subject to paragraphs 4 to 6 and to the provisions of the relevant order, a conservation board may dispose, in any manner they wish, of land which is held by them but no longer required by them for the purposes of their functions.

4

• (1) Except with the consent of the Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales), a conservation board may not—

• (a) dispose under paragraph 3 of land which consists of or forms part of a common, or formerly consisted of or formed part of a common, and is managed by a local authority in accordance with a local Act,

• (b) dispose under paragraph 3 of land, otherwise than by way of a short tenancy, for a consideration less than the best that can reasonably be obtained.

• (2) For the purposes of this paragraph a disposal of land is a disposal by way of a short tenancy if it consists—

• (a) of the grant of a term not exceeding seven years, or

• (b) of the assignment of a term which at the date of the assignment has not more than seven years to run.

5

A conservation board may not dispose under paragraph 3 of any land consisting of or forming part of an open space unless before disposing of the land they cause notice of their intention to do so, specifying the land in question, to be advertised in two consecutive weeks in a newspaper circulating in the area in which the land is situated, and consider any objections to the proposed disposal which may be made to them.

6

Section 128 of the Local Government Act 1972 (consents to land transactions by local authorities) applies in relation to a conservation board as if a conservation board were a principal council and as if paragraphs 3 to 5 were contained in Part VII of that Act.)

Provisions as to charges

7

In section 152(2) of the Local Government and Housing Act 1989 (provisions as to charges), after paragraph (ja) there is inserted—

(jb) a conservation board established by order under section 86 of the Countryside and Rights of Way Act 2000;

;

SCHEDULE 15

Part I — Consequential amendments

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

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

In section 112(2) of that Act (provisions not applying to Epping Forest and Burnham Beeches), for “eighty-seven” there is substituted “ eighty-nine ”.

3

In section 114(1) of that Act (interpretation), for the definition of “area of outstanding natural beauty” there is substituted—

“area of outstanding natural beauty” means an area designated under section 82 of the Countryside and Rights of Way Act 2000;

.

Harbours Act 1964 (c. 40)

4

In Schedule 3 to the Harbours Act 1964, in paragraph 1, in paragraph (i) of the definition of “sensitive area” for “section 87 of the National Parks and Access to the Countryside Act 1949” there is substituted “ section 82 of the Countryside and Rights of Way Act 2000 ”.

Highways Act 1980 (c. 66)

5

In section 105A of the 1980 Act (environmental impact assessments), in subsection (6), for paragraph (e) there is substituted—

(e) an area of outstanding beauty designated as such under section 82 of the Countryside and Rights of Way Act 2000.

.

Derelict Land Act 1982 (c. 42)

6

In section 1 of the Derelict Land Act 1982 (powers of Secretary of State), in subsection (11), in the definition of “area of outstanding natural beauty” for “section 87 of the National Parks and Access to the Countryside Act 1949” there is substituted “ section 82 of the Countryside and Rights of Way Act 2000 ”.

Road Traffic Regulation Act 1984 (c. 27)

7

In section 22 of the Road Traffic Regulation Act 1984 (traffic regulation for special areas in the countryside), at the end of subsection (1)(a)(ii) there is inserted “ designated as such under section 82 of the Countryside and Rights of Way Act 2000 ”.

Housing Act 1985 (c. 68)

8

In section 37 of the Housing Act 1985 (restriction on disposal of dwelling-houses in National Parks, etc), in subsection (1)(b) for “section 87 of the National Parks and Access to the Countryside Act 1949” there is substituted “ section 82 of the Countryside and Rights of Way Act 2000 ”.

9

In section 157 of that Act (restriction on disposal of dwelling-houses in National Parks, etc), in subsection (1)(b) for “section 87 of the National Parks and Access to the Countryside Act 1949” there is substituted “ section 82 of the Countryside and Rights of Way Act 2000 ”.

Town and Country Planning Act 1990 (c. 8)

10

In section 87 of the Town and Country Planning Act 1990 (exclusion of certain descriptions of land or development from a simplified planning zone), in subsection (1)(d) for “section 87 of the National Parks and Access to the Countryside Act 1949” there is substituted “ section 82 of the Countryside and Rights of Way Act 2000 ”.

Environmental Protection Act 1990 (c. 43)

11

In section 130 of the Environmental Protection Act 1990 (countryside functions of Countryside Council for Wales), in subsection (2)(a) after “National Parks or” there is inserted “ under the Countryside and Rights of Way Act 2000 ”.

Water Industry Act 1991 (c. 56)

12

In section 156 of the Water Industry Act 1991 (restriction on disposals of land), in subsection (8), in paragraph (a) of the definition of “area of outstanding natural beauty or special scientific interest”, for “for the purposes of the National Parks and Access to the Countryside Act 1949” there is substituted “ under section 82 of the Countryside and Rights of Way Act 2000 ”.

Environment Act 1995 (c. 25)

13

In Schedule 13 to the Environment Act 1995 (review of old mineral planning permissions), in paragraph 2(4)(c) for “section 87 of the National Parks and Access to the Countryside Act 1949” there is substituted “ section 82 of the Countryside and Rights of Way Act 2000 ”.

Housing Act 1996 (c. 52)

14

In section 13 of the Housing Act 1996 (restriction on disposal of houses in National Parks, etc), in subsection (1)(b) for “section 87 of the National Parks and Access to the Countryside Act 1949” there is substituted “ section 82 of the Countryside and Rights of Way Act 2000 ”.

Part II — Transitional provisions

15

In this Part “commencement” means the commencement of section 82.

16

Any order under section 87 of the 1949 Act (designation of areas of outstanding natural beauty) which is in force immediately before commencement is to be taken to have been made under section 82 in accordance with the provisions of Part IV of this Act, and may be amended or revoked by an order under that section.

17

Any reference in any instrument or document (whenever made) to designation as an area of outstanding natural beauty under section 87 of the 1949 Act or to an order under that section is, in relation to any time after commencement, to be taken to be a reference to designation as such an area under section 82 or to an order under that section.

18

Anything done before commencement in connection with a proposed order under section 87 of the 1949 Act is, as from commencement, to be taken to have been done in connection with a proposed order under section 82.

SCHEDULE 16

Part I — Access to the countryside

Part II — Public rights of way and road traffic

Part III — Sites of special scientific interest

Part IV — Wildlife

Part V — Areas of outstanding natural beauty

Part VI — Other

Principal definitions for Part I.

Power to extend to coastal land : Wales .

Interpretation of Chapter II.

Interpretation of Chapter III.

Interpretation of Part II.

Ramsar sites.

Payments under agreements under s.16 of 1949 Act or s.15 of 1968 Act.

Interpretation of Part II.

Powers of entry.

Procedure for designation orders.

Designation of areas.

Isles of Scilly.

Agriculture Act 1967 (c. 22)

Editorial notes