Legalize / United Kingdom / Public General Act

Natural Environment and Rural Communities Act 2006

Type Public General Act

Publication 2006-03-30

Last updated 2024-10-01

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(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).

Designated bodies

80

(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 or DESNZ 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.

Reserved functions

81

(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.

(h) any function as principal regulator of an exempt charity (within the meaning of section 25 of the Charities Act 2011) .

(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.

Maximum duration of agreement

82

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

(a) a DEFRA or DESNZ function, or

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

is 20 years.

Supplementary

Particular powers

83

(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.

Agreements with local authorities

84

(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).

Supplementary provisions with respect to agreements

85

(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.

Interpretation

86

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

(2) In this Chapter “DEFRA or DESNZ function” means—

(a) a function which at the material time falls to be performed by or through the Department for Environment, Food and Rural Affairs, or

(b) a former DEFRA function which at the material time falls to be performed by or through the Department for Energy Security and Net Zero.

(2A) In subsection (2) “former DEFRA function” has the meaning given by article 2(3) of the Secretary of State for Energy and Climate Change Order 2009 (and see also the Secretaries of State for Business, Energy and Industrial Strategy, for International Trade and for Exiting the European Union and the Transfer of Functions (Education and Skills) Order 2016) and the Secretaries of State for Energy Security and Net Zero, for Science, Innovation and Technology, for Business and Trade, and for Culture, Media and Sport and the Transfer of Functions (National Security and Investment Act 2021 etc) Order 2023 (S.I. 2023/424).

(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 local authority as defined in section 1(a) of the Local Government Act 2000 (c. 22), andthe 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

Power to establish boards

87

(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.

Permissible purposes of boards

88

(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.

Permissible functions of boards

89

(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.

Ancillary provisions

90

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

Power to dissolve existing levy bodies and boards

Power to dissolve existing levy bodies

91

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

(2) If an order is made providing for the dissolution of the Home-Grown Cereals Authority, the order must provide for the Cereals Marketing Act 1965 (c. 14) to cease to have effect.

(3) If an order is made providing for the dissolution of the Meat and Livestock Commission, the order must provide for the relevant provisions of the Agriculture Act 1967 (c. 22) to cease to have effect.

(4) The relevant provisions of the 1967 Act are—

Part 1 (livestock and meat marketing);

Schedule 1 (the Meat and Livestock Commission);

Schedule 2 (supplementary provisions with respect to development schemes).

(5) If an order is made providing for the dissolution of—

(a) the British Potato Council,

(b) the Horticultural Development Council, or

the order must provide for the revocation of the development council order establishing the Council.

(6) “Development council order” has the meaning given by section 1(2) of the Industrial Organisation and Development Act 1947 (c. 40) (power to establish development councils etc.).

Power to dissolve board

92

(1) The appropriate authority may by order provide for the dissolution of a board.

(2) An order under this section must provide for the revocation of the section 87 order.

Dissolution: supplementary

93

(1) Subsection (2) applies if an order is made providing for—

(a) the dissolution of an existing levy body, or

(b) the dissolution of a board.

(2) The order may provide for the transfer of any property, rights or liabilities of the existing levy body or board.

(3) Subsection (4) applies if an order is made providing for—

(a) the dissolution of an existing levy body, or

(b) the dissolution of a board in relation to which provision has been made by virtue of paragraph 5 of Schedule 10 (levies).

(4) The order must provide for the application of any surplus—

(a) for the purposes for which the existing levy body or board was established, or

(b) for connected purposes.

(5) “Surplus” means an amount by which the assets of the existing levy body or board exceeds its liabilities and expenses.

Powers of appropriate authority

Grants

94

(1) The appropriate authority may make grants to a board of such amounts as the appropriate authority thinks fit.

(2) A grant under this section may be made subject to such conditions as the appropriate authority thinks fit.

Directions

95

(1) The appropriate authority may give a board general or specific directions as to the exercise of its functions.

(2) The appropriate authority must publish any directions given under this section as soon as is reasonably practicable after giving the directions.

(3) The power to give directions under this section includes power to vary or revoke the directions.

(4) A board must comply with any directions given under this section.

Supplementary

“The appropriate authority”

96

(1) In this Chapter “the appropriate authority” means—

(a) in relation to matters concerning England only, the Secretary of State;

(b) in relation to matters concerning Wales only, the National Assembly for Wales;

(d) in relation to matters concerning Northern Ireland only, the relevant Northern Ireland department;

(e) in relation to the matters mentioned in subsection (2), the Secretary of State acting with the approval of the National Assembly for Wales, the Scottish Ministers or (as the case may be) the relevant Northern Ireland department.

(2) The matters referred to are—

(a) making a section 87 order establishing a board which has cross-border functions;

(b) making an order under section 91 or 92 dissolving an existing levy body or such a board;

(3) “Cross-border functions” means functions relating to—

(a) England, and

(b) Wales, Scotland or Northern Ireland.

(4) The Scottish Ministers may not give their approval for the purposes of subsection (1)(e) to the making of—

(a) an order establishing a board whose cross-border functions include functions relating to Scotland, or

(b) an order dissolving an existing levy body or a board whose cross-border functions include functions relating to Scotland,

unless a draft of the order has been laid before, and approved by a resolution of, the Scottish Parliament.

(5) In this Chapter “the relevant Northern Ireland department” means the Department of Agriculture and Rural Development in Northern Ireland.

Orders: procedure etc.

97

(1) An order under this Chapter may include supplementary, incidental, consequential, transitory, transitional or saving provision.

(2) An order under this Chapter making provision of a description referred to in subsection (1) may—

(a) amend or repeal any enactment, or

(b) amend or revoke any subordinate legislation,

whenever passed or made.

(3) “Enactment” includes Acts of the Scottish Parliament and Northern Ireland legislation.

(4) “Subordinate legislation” has the same meaning as in the Interpretation Act 1978 (c. 30), except that it includes any instrument made under an Act of the Scottish Parliament and any instrument within the meaning of section 1(c) of the Interpretation Act (Northern Ireland) 1954 (c. 33 N.I.).

(5) Before making any order under this Chapter the appropriate authority must consult such organisations as appear to it to be representative of interests substantially affected by the proposed order.

(6) Subject to subsection (7), any power to make an order under this Chapter is exercisable by statutory instrument.

(7) Any power of the relevant Northern Ireland department to make an order under this Chapter is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I.12)).

(8) An order under this Chapter may not be made—

(a) by the Secretary of State, unless a draft of the statutory instrument containing the order has been laid before, and approved by a resolution of, each House of Parliament;

(b) by the Scottish Ministers, unless a draft of the statutory instrument containing the order has been laid before, and approved by a resolution of, the Scottish Parliament;

(c) by the relevant Northern Ireland department, unless a draft of the statutory rule containing the order has been laid before, and approved by a resolution of, the Northern Ireland Assembly.

Chapter 3 — Financial assistance

Financial assistance

98

(1) The Secretary of State may give or arrange for the giving of financial assistance in respect of expenditure incurred or to be incurred in any matter related to or connected with a DEFRA or DESNZ function.

(2) Financial assistance under this section may be given in any form, and may in particular be given by way of a grant, a loan or a guarantee.

(3) Financial assistance under this section may be given subject to such conditions as may be determined by, or in accordance with arrangements made by, the Secretary of State.

(4) The conditions may, in particular, include (in the case of a grant) conditions for repayment in specified circumstances.

(5) “DEFRA or DESNZ function” means—

(a) a function which falls to be performed by or through the Department for Environment, Food and Rural Affairs, or

(b) a former DEFRA function which falls to be performed by or through the Department for Energy Security and Net Zero.

(5A) In subsection (5) “former DEFRA function” has the meaning given by article 2(3) of the Secretary of State for Energy and Climate Change Order 2009 (and see also the Secretaries of State for Business, Energy and Industrial Strategy, for International Trade and for Exiting the European Union and the Transfer of Functions (Education and Skills) Order 2016) and the Secretaries of State for Energy Security and Net Zero, for Science, Innovation and Technology, for Business and Trade, and for Culture, Media and Sport and the Transfer of Functions (National Security and Investment Act 2021 etc) Order 2023 (S.I. 2023/424) .

(6) A certificate issued by the Secretary of State that a function falls to be performed as mentioned in subsection (5) is conclusive evidence of that fact.

(7) The power to give financial assistance under this section may be exercised even though a more specific power to give financial assistance exists.

Part 9 — Miscellaneous

Natural beauty in the countryside

99

The fact that an area in England or Wales consists of or includes—

(a) land used for agriculture or woodlands,

(b) land used as a park, or

(c) any other area whose flora, fauna or physiographical features are partly the product of human intervention in the landscape,

does not prevent it from being treated, for the purposes of any enactment (whenever passed), as being an area of natural beauty (or of outstanding natural beauty).

Byelaws relating to land drainage

100

(1) In the Water Resources Act 1991 (c. 57), in Schedule 25, in paragraph 5(1) (power of Environment Agency to make byelaws for securing efficient working of drainage system), for the words from “necessary for securing” to the end of paragraph 5(1) substitute

necessary— (a) for securing the efficient working of any drainage system, or (b) for regulating the effects of any drainage system on the environment.

(2) In paragraph 5(5) of that Schedule, after “banks” insert “ , drainage ”.

(3) In the Land Drainage Act 1991 (c. 59), in section 66(1) (power of land drainage authorities etc. to make byelaws for securing efficient working of drainage system), for the words from “necessary for securing” to the end of section 66(1) substitute

necessary—“ (a) for securing the efficient working of any drainage system in their district or area, or (b) for regulating the effects in their district or area of any drainage system on the environment.

Abolition of certain agricultural etc. committees

101

The following are abolished—

(a) the advisory committee for England, Wales and Northern Ireland established under section 32 of the Hill Farming Act 1946 (c. 73),

(b) the sub-committee for Wales and Monmouthshire established under that section,

(d) the consumers' committees and committees of investigation established under section 19 of the Agricultural Marketing Act 1958 (c. 47), and

(e) the committee of investigation established under Article 21 of the Agricultural Marketing (Northern Ireland) Order 1982 (S.I. 1982/1080 (N.I. 12)).

Part 10 — Final provisions

Crown land

102

(1) The appropriate authority may enter into an agreement under section 7 as respects an interest in Crown land held by or on behalf of the Crown.

(2) An agreement under section 7 as respects any other interest in Crown land is of no effect unless approved by the appropriate authority.

(3) “Crown land” means land an interest in which—

(a) belongs to Her Majesty in right of the Crown,

(b) belongs to Her Majesty in right of the Duchy of Lancaster,

(d) belongs to a government department or is held in trust for Her Majesty for the purposes of a government department.

(4) “The appropriate authority”, in relation to any land, means—

(a) if the land belongs to Her Majesty in right of the Crown, the Crown Estate Commissioners or other government department having the management of the land in question;

(b) if the lands belongs to Her Majesty in right of the Duchy of Lancaster, the Chancellor of the Duchy;

(c) if the land belongs to the Duchy of Cornwall, such person as the Duke of Cornwall, or the possessor for the time being of the Duchy of Cornwall, appoints;

(d) if the land belongs to a government department or is held in trust for Her Majesty for the purposes of a government department, that department.

(5) If any question arises under this section as to what authority is the appropriate authority in relation to any land, that question is to be referred to the Treasury, whose decision is final.

Wales

103

In Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672), the reference to the Wildlife and Countryside Act 1981 (c. 69) is to be read as a reference to the 1981 Act as amended by this Act.

Power to make further provision

104

(1) The Secretary of State may by order make such supplementary, incidental, consequential, transitory, transitional or saving provision as the Secretary of State considers necessary or expedient for the purposes of, in consequence of or for giving full effect to any provision of this Act.45

(2) An order under subsection (1) may—

(a) amend or repeal any enactment contained in an Act passed on or before the last day of the Session in which this Act is passed;

(b) amend or revoke any subordinate legislation made before the passing of this Act.

(3) “Subordinate legislation” has the same meaning as in the Interpretation Act 1978 (c. 30)).

(4) The power to make an order under subsection (1) is exercisable by statutory instrument.

(5) An order under subsection (1) which contains any provision (whether alone or with other provisions) made by virtue of subsection (2)(a) may not be made unless a draft of the statutory instrument containing the order has been laid before, and approved by a resolution of, each House of Parliament.

(6) A statutory instrument containing any other order under subsection (1) is subject to annulment in pursuance of a resolution of either House of Parliament.

Minor and consequential amendments etc.

105

(1) Schedule 11 contains minor and consequential amendments.

(2) Schedule 12 contains repeals and revocations.

Financial provisions

106

There is to be paid out of money provided by Parliament—

(a) any expenditure incurred by a Minister of the Crown in consequence of this Act, and

(b) any increase attributable to this Act in the sums payable by virtue of any other Act out of money so provided.

Commencement

107

(1) Part 1 (Natural England and the Commission for Rural Communities) comes into force in accordance with provision made by order by the Secretary of State.

(2) Part 2 (nature conservation in the UK) comes into force in accordance with provision made by order by the Secretary of State, after consulting the Scottish Ministers and the Department of Agriculture and Rural Development in Northern Ireland.

(3) In Parts 3 to 5 (wildlife etc., SSSIs, National Parks and the Broads)—

(a) section 59 comes into force at the end of the period of two months beginning with the day on which this Act is passed, and

(b) the other provisions come into force in accordance with provision made by order by the Secretary of State.

(4) Part 6 (rights of way) comes into force in accordance with provision made by order by—

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

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

(5) Part 7 (inland waterways) comes into force in accordance with provision made by order by the Secretary of State, after consulting the Scottish Ministers.

(6) In Part 8 (flexible administrative arrangements)—

(a) Chapter 1 comes into force in accordance with provision made by order by the Secretary of State,

(b) Chapter 2 comes into force in accordance with provision made by order by the Secretary of State, after consulting the Scottish Ministers and the Department of Agriculture and Rural Development in Northern Ireland, and

(7) In Part 9 (miscellaneous)—

(a) section 99 (natural beauty in the countryside) comes into force at the end of the period of two months beginning with the day on which this Act is passed, and

(b) section 101 (abolition of certain agricultural etc. committees) comes into force in accordance with provision made by order by the Secretary of State, after consulting the Scottish Ministers and the Department of Agriculture and Rural Development in Northern Ireland.

(8) In this Part—

(a) section 105 and Schedules 11 and 12, except so far as relating to an Act of the Scottish Parliament or a provision which extends to Northern Ireland only, comes into force in accordance with provision made by order by the Secretary of State,

(b) section 105 and Schedules 11 and 12, so far as relating to an Act of the Scottish Parliament, comes into force in accordance with provision made by order by the Secretary of State after consulting the Scottish Ministers, and

(c) section 105 and Schedules 11 and 12, so far as relating to a provision which extends to Northern Ireland only, comes into force in accordance with provision made by order by the Secretary of State, after consulting the Department of Agriculture and Rural Development and the Department of the Environment in Northern Ireland.

(9) The power to make an order under this section is exercisable by statutory instrument.

(10) An order under this section may make different provision for different purposes or different areas.

(11) An order under this section may make such transitional, transitory or saving provision as the person making the order considers expedient.

Extent

108

(1) Except as provided by this section, this Act extends to England and Wales only.

(2) Part 2 (nature conservation in the UK) extends also to Scotland and Northern Ireland.

(3) In Part 3—

(a) amendments affecting any provisions of the Wildlife and Countryside Act 1981 (c. 69) that extend to the territorial waters adjacent to England and Wales extend also to those waters, and

(b) paragraphs 1, 2, 5 and 6 of Schedule 6 (wildlife offences: time limits for proceedings), and section 53 so far as necessary, extend to any place to which the enactments amended by Schedule 6 extend.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) In Part 8 (flexible administrative arrangements)—

(a) Chapter 2 (powers to reform agricultural etc. bodies) extends also to Scotland and Northern Ireland, and

(b) Chapter 3 (financial assistance) extends also to Northern Ireland.

(6) In Part 9 (miscellaneous), section 101 (abolition of certain agricultural etc. committees) extends also to Scotland and Northern Ireland.

(7) In this Part—

(a) sections 105, 107 and 109 and this section extend also to Scotland and Northern Ireland so far as necessary, and

(b) the amendments, repeals and revocations in Schedules 11 and 12 have the same extent as the provisions to which they relate (except where otherwise provided).

Short title

109

This Act may be cited as the Natural Environment and Rural Communities Act 2006.

SCHEDULE 1

Status

1

Natural England is to be a body corporate.

2

Subject to paragraph 22 (nature reserves), Natural England is not to be regarded—

(a) as a servant or agent of the Crown, or

(b) as enjoying any status, privilege or immunity of the Crown,

and Natural England's property is not to be regarded as property of, or held on behalf of, the Crown.

Membership

3

(1) Natural England is to consist of—

(a) a chairman appointed by the Secretary of State, and

(b) not less than 8 nor more than 15 other members appointed by the Secretary of State.

(2) The Secretary of State must consult the chairman before appointing the other members.

(3) In appointing a person to be a member, the Secretary of State must have regard to the desirability of appointing a person who has experience of, and has shown some capacity in, some matter relevant to the exercise of Natural England's functions.

(4) The Secretary of State may by order amend sub-paragraph (1)(b) so as to substitute a different number for a number specified there.

(5) The power to make an order under sub-paragraph (4) is exercisable by statutory instrument.

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

4

The Secretary of State may appoint one of the members to be deputy chairman.

Term of office

5

Subject to paragraphs 6 to 8, a member holds and vacates office in accordance with the terms of his appointment.

6

A member may resign by giving written notice to the Secretary of State.

7

The Secretary of State may remove a member who—

(a) has been absent from meetings of Natural England for a period longer than 6 months without the permission of Natural England,

(b) has become bankruptor has had a debt relief order made in respect of him (under Part 7A of the Insolvency Act 1986) or has made an arrangement with his creditors or has had his estate sequestrated in Scotland, or

8

A person ceases to be chairman or deputy chairman if he—

(a) resigns that office by giving written notice to the Secretary of State, or

(b) ceases to be a member.

9

A person who—

(a) ceases to be a member, or

(b) ceases to be chairman or deputy chairman,

is eligible for reappointment to that office.

Remuneration and pensions etc.

10

Natural England may pay to the members such remuneration and allowances as the Secretary of State may determine.

11

If required to do so by the Secretary of State, Natural England must—

(a) pay such pensions, gratuities or allowances to or in respect of any member as the Secretary of State may determine;

(b) pay such sums as the Secretary of State may determine towards provision for the payment of pensions, gratuities or allowances to or in respect of any member.

12

(1) This paragraph applies if—

(a) a person ceases to be a member, and

(b) it appears to the Secretary of State that there are special circumstances which make it appropriate for the person to receive compensation.

(2) The Secretary of State may require Natural England to pay the person such amount as the Secretary of State may determine.

Staff

13

(1) Natural England must appoint a person to be chief executive, but may only appoint a person who has been approved by the Secretary of State.

(2) The chief executive is an employee of Natural England.

(3) The Secretary of State may appoint the first chief executive.

14

Natural England may appoint other employees.

15

If required to do so by the Secretary of State, Natural England must—

(a) pay such pensions, gratuities or allowances to or in respect of any employee as the Secretary of State may determine;

(b) pay such sums as the Secretary of State may determine towards provision for the payment of pensions, gratuities or allowances to or in respect of any employee.

16

(1) Employment with Natural England is to be included among the kinds of employment to which a scheme under section 1 of the Superannuation Act 1972 (c. 11) can apply.

(2) Natural England must pay to the Minister for the Civil Service, at such times as he may direct, such sums as he may determine in respect of any increase attributable to sub-paragraph (1) in the sums payable out of money provided by Parliament under that Act.

Procedure

17

Natural England may determine its own procedure (including quorum).

18

No proceeding is invalidated by—

(a) a vacancy in the office of chairman, or

(b) any defect in the appointment of any member.

Discharge of functions

19

(1) Natural England may authorise a committee, sub-committee, member or employee of Natural England to exercise any of Natural England's functions.

(2) Sub-paragraph (1) does not prevent Natural England from exercising the function itself or affect the power of Natural England to authorise an employee to carry out functions of Natural England.

Membership of committees and sub-committees

20

(1) A committee or sub-committee may include persons who are not members of Natural England.

(2) Natural England may pay such remuneration and allowances as the Secretary of State may determine to any person who—

(a) is a member of a committee or sub-committee, but

(b) is not a member or employee of Natural England.

Application of seal and proof of documents

21

(1) The application of Natural England's seal must be authenticated by the signature of—

(a) a member of Natural England who is authorised (generally or specially) for that purpose, or

(b) an employee who is so authorised.

(2) A document purporting to be duly executed under the seal of Natural England—

(a) is to be received in evidence, and

(b) is to be treated as so executed unless the contrary is shown.

Nature reserves

22

(1) This paragraph applies to land in which Natural England has an interest and which is managed as a nature reserve.

(2) For the purposes of the application of any enactment or rule of law to the land Natural England is to be treated as a government department.

(3) An interest in land includes any estate in land and any right over land, whether the right is exercisable by virtue of the ownership of an interest in land or by virtue of a licence or agreement.

Reports, accounts etc.

23

(1) For each financial year, Natural England must—

(a) prepare an annual report on how it has discharged its functions during the year, and

(b) send a copy of the report to the Secretary of State within such period as the Secretary of State directs.

(2) In this paragraph and paragraph 24, “financial year” means—

(a) the period beginning with the day on which Natural England is established and ending with the next 31st March, and

(b) each subsequent period of 12 months ending with 31st March.

24

(1) Natural England must keep proper accounts and proper records in relation to the accounts.

(2) For each financial year, Natural England must—

(a) prepare a statement of accounts in respect of that financial year, and

(b) send copies of the statement to the Secretary of State and the Comptroller and Auditor General within such period as the Secretary of State directs.

(3) The statement must be in such form as the Secretary of State may direct.

(4) The Comptroller and Auditor General must—

(a) examine, certify and report on the statement, and

(b) send a copy of the certified statement and of his report to the Secretary of State as soon as possible.

25

The Secretary of State must lay before each House of Parliament a document consisting of—

(a) a copy of the report sent under paragraph 23(1), and

(b) a copy of the statement and report sent under paragraph 24(4).

26

(1) Natural England must provide the Secretary of State with such information as he may require relating to Natural England's property or to the discharge or proposed discharge of its functions.

(2) Natural England must also—

(a) permit any person authorised by the Secretary of State to inspect and make copies of any accounts or other documents of Natural England, and

(b) provide such explanation of them as that person or the Secretary of State may require.

SCHEDULE 2

Status

1

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

2

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

Membership

3

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

4

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

Term of office

5

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

6

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

7

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

8

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

9

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

Remuneration and pensions etc.

10

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

11

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

12

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

Staff

13

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

14

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

15

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

16

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

Procedure

17

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

18

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

Discharge of functions

19

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

Membership of committees and sub-committees

20

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

Application of seal and proof of documents

21

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

Reports, accounts etc.

22

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

23

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

24

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

25

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

SCHEDULE 3

Creation and apportionment of property, rights and liabilities etc.

1

A scheme may—

(a) create for the transferor interests in or rights over property transferred by virtue of the scheme;

(b) create for the transferee interests in or rights over property retained by the transferor;

2

(1) A scheme may provide for the transfer of property, rights or liabilities that would not otherwise be capable of being transferred or assigned.

(2) In particular, it may provide for the transfer to take effect regardless of a contravention, liability or interference with an interest or right that would otherwise exist by reason of a provision having effect in relation to the terms on which the transferor is entitled to the property or right, or subject to the liability, in question.

(3) It does not matter whether the provision referred to in sub-paragraph (2) has effect under an enactment or an agreement or in any other way.

3

A certificate by the Secretary of State that anything specified in the certificate has vested in any person by virtue of a scheme is conclusive evidence for all purposes of that fact.

Employment contracts

4

(1) This paragraph applies if rights and liabilities under a contract of employment are transferred by virtue of a scheme.

(2) The contract of employment—

(a) is not terminated by the transfer, and

(b) has effect from the transfer date as if made between the employee and the transferee.

(3) The rights, powers, duties and liabilities of the transferor under or in connection with the contract are transferred to the transferee on the transfer date.

(4) Anything done before the transfer date by or in relation to the transferor in respect of the contract or the employee is to be treated from that date as having been done by or in relation to the transferee.

(5) This paragraph is subject to paragraph 5.

5

(1) Rights and liabilities under a contract of employment are not transferred under this Schedule if the employee informs the transferor or transferee that he objects to the transfer.

(2) If the employee informs the transferor or transferee that he objects—

(a) his contract of employment is terminated immediately before the transfer date, but

(b) he is not to be treated, for any purpose, as having been dismissed by the transferor.

6

Nothing in this Schedule affects any right a person has to terminate his contract of employment if (apart from the change of employer) a substantial change is made to his detriment in his working conditions.

Civil servants treated as employed under a contract of employment etc.

7

(1) This Schedule applies with the following modifications in relation to employment in the civil service of the State on terms which do not constitute a contract of employment.

(2) In the case of an individual who holds employment in the civil service of the State immediately before the transfer date—

(a) he is to be treated as employed by virtue of a contract of employment,

(b) the terms of that employment are to be regarded as constituting the terms of that contract, and

(3) In the case of an individual who is to hold employment in the civil service of the State on and after the transfer date, the terms and conditions of his contract of employment immediately before that date have effect on and after that date as if they were terms and conditions of his employment in the civil service of the State.

Compensation

8

A scheme may contain provision for the payment of compensation by the Secretary of State to any person whose interests are adversely affected by it.

Continuity

9

A transfer under this Schedule does not affect the validity of anything done by or in relation to the transferor before the transfer takes effect.

10

Anything which—

(a) is done by the transferor for the purposes of or otherwise in connection with anything transferred by virtue of a scheme, and

(b) is in effect immediately before the transfer date,

is to be treated as done by the transferee.

11

There may be continued by or in relation to the transferee anything (including legal proceedings)—

(a) which relates to anything transferred by virtue of a scheme, and

(b) which is in the process of being done by or in relation to the transferor immediately before the transfer date.

12

(1) This paragraph applies to any document—

(a) which relates to anything transferred by virtue of a scheme, and

(b) which is in effect immediately before the transfer date.

(2) Any references in the document to the transferor are to be read as references to the transferee.

Incidental provision

13

A scheme may include supplementary, incidental, transitional and consequential provision.

SCHEDULE 4

Membership

1

(1) The joint committee is to consist of 14 members—

(a) a chairman appointed by the Secretary of State;

(b) 5 members appointed by the Secretary of State;

(c) the chairman or deputy chairman of each of the GB conservation bodies and one other member of each of those bodies appointed by the body in question;

(d) the chairman of the Council for Nature Conservation and the Countryside and one other member of the Council appointed by the relevant Northern Ireland department.

(2) The joint committee may appoint a member to be deputy chairman.

2

The members appointed by the Secretary of State must not be members of the UK conservation bodies.

3

(1) The members appointed by the Secretary of State must be persons appearing to the Secretary of State to have experience in or scientific knowledge of nature conservation.

(2) Before appointing any members under paragraph 1(1), the Secretary of State must consult the National Assembly for Wales, the Scottish Ministers and the relevant Northern Ireland department.

(3) Before appointing members under paragraph 1(1)(b), the Secretary of State must consult—

(a) the chairman, and

(b) such persons having scientific knowledge of nature conservation as the Secretary of State thinks appropriate.

Term of office of members appointed by Secretary of State

4

Subject to paragraphs 5 and 6, a member appointed by the Secretary of State holds and vacates office in accordance with the terms of his appointment.

5

A member appointed by the Secretary of State may resign by giving him written notice.

6

The Secretary of State may remove a member appointed by him who—

(a) has been absent from meetings of the joint committee for a period longer than 6 months without the permission of the joint committee,

(b) has become bankruptor had a debt relief order made in respect of him (under Part 7A of the Insolvency Act 1986) or made an arrangement with his creditors, or has had his estate sequestrated in Scotland, or

Remuneration and allowances etc.

7

The joint committee must pay to the members appointed by the Secretary of State such remuneration and allowances as the Secretary of State may determine.

8

If required to do so by the Secretary of State, the joint committee must—

(a) pay such pensions, gratuities or allowances to or in respect of the chairman as the Secretary of State may determine, or

(b) pay such sums as the Secretary of State may determine towards provision for the payment of pensions, gratuities or allowances to or in respect of the chairman.

9

(1) This paragraph applies if—

(a) a person ceases to be chairman, and

(b) it appears to the Secretary of State that there are special circumstances which make it appropriate for the person to receive compensation.

(2) The Secretary of State may require the joint committee to pay the person such sum as the Secretary of State may determine.

Staff: general

10

The joint committee may, with the approval of the Secretary of State, appoint employees.

11

The joint committee must pay to its employees such remuneration and allowances as the joint committee may, with the approval of the Secretary of State, determine.

12

The joint committee may—

(a) pay such pensions, gratuities or allowances to or in respect of any employee or former employee,

(b) pay such sums towards provision for the payment of such pensions, allowances or gratuities, or

(c) provide and maintain such schemes (whether contributory or not) for the payment of such pensions, allowances or gratuities,

as it may, with the approval of the Secretary of State, determine.

Formation of company

13

(1) With the consent of the Secretary of State, and subject to any conditions he may impose, the joint committee may form a company limited by guarantee the main objects of which fall within sub-paragraph (2).

(2) The objects are—

(a) providing administrative and corporate support services to the joint committee, including the employment of staff, for the purposes of its functions,

(b) making charges and holding land or any interest in or right over land for those purposes, and

(3) The constitution of any company formed under this paragraph must include provision to ensure that only members of the joint committee are members of the company.

(4) The members of any company formed under this paragraph must ensure that no-one is appointed, or continues to serve, as a director of the company who is not a member of the joint committee, or an employee of the joint committee or of the company.

(5) Sub-paragraphs (2) and (4) do not affect the power of the UK conservation bodies acting through the joint committee to undertake anything mentioned in sub-paragraph (2) by virtue of Part 2.

(6) Where a company is formed under this paragraph the requirements as to the approval of the Secretary of State apply in respect of appointment, payment and pension matters for employees and former employees of the company as they do in respect of employees or former employees of the joint committee under paragraphs 10 to 12.

Funding

14

(1) The funding bodies must provide the joint committee with such financial resources as the appropriate authorities consider are needed for the proper discharge of the functions conferred by Part 2.

(2) When determining what financial resources should be provided, the appropriate authorities must take into account—

(a) any grant being made under paragraph 15, and

(b) the views of the joint committee and the funding bodies.

(3) The contributions of each of the funding bodies are to be such as are agreed by the appropriate authorities, having taken into account the views of those bodies.

(4) “The funding bodies” means—

(a) the GB conservation bodies, and

(b) the relevant Northern Ireland department.

15

(1) The Secretary of State may make grants to the joint committee of such amounts as the Secretary of State thinks fit.

(2) A grant under this section may be made subject to such conditions as the Secretary of State thinks fit.

Procedure

16

(1) The joint committee may determine its own procedure (including quorum).

(2) No proceeding of the joint committee is invalidated by—

(a) a vacancy among the members, or

(b) any defect in the appointment of any member.

Discharge of functions

17

(1) The joint committee may authorise any of their functions to be exercised by—

(a) any member of the joint committee,

(b) a company formed under paragraph 13,

(d) any employee of the joint committee, of such a company, or of any of those bodies.

(2) Sub-paragraph (1) does not prevent the joint committee from doing anything that another person has been authorised to do.

Annual reports

18

(1) As soon as possible after the end of each financial year, the joint committee must—

(a) prepare an annual report on how it has discharged their functions during the year, and

(b) send a copy of the report to the appropriate authorities and the UK conservation bodies.

(2) The Secretary of State must lay a copy of the report before each House of Parliament.

(3) The Scottish Ministers must lay a copy of the report before the Scottish Parliament.

Interpretation

19

(1) In this Schedule “the appropriate authorities” means—

(a) the Secretary of State,

(b) the National Assembly for Wales,

(d) the relevant Northern Ireland department.

(2) In this Schedule “financial year” means the period of 12 months ending with 31st March.

SCHEDULE 5

Part 1 — Amendments of the Wildlife and Countryside Act 1981

1

After section 18 insert—

(18A) (1) In this Part, “wildlife inspector” means a person authorised in writing under this section by— (a) the Secretary of State (in relation to England), or (b) the National Assembly for Wales (in relation to Wales). (2) An authorisation under subsection (1) is subject to any conditions or limitations specified in it. (3) A wildlife inspector must, if required to do so, produce evidence of his authority before entering any premises under section 18B or 18D. (4) A wildlife inspector entering premises under either of those sections may take with him a veterinary surgeon if he has reasonable grounds for believing that such a person will be needed for the exercise of powers under section 18C or 18E. (18B) (1) A wildlife inspector may, at any reasonable time, enter and inspect any premises— (a) for the purpose of ascertaining whether a Group 1 offence is being or has been committed; (b) for the purpose of— (i) verifying any statement or representation made, or document or information supplied, by an occupier in connection with an application for, or the holding of, a Group 1 licence, or (ii) ascertaining whether any condition to which a Group 1 licence was subject has been complied with. (2) In this Part— - “Group 1 offence” means an offence under section 1, 5, 9(1), (2) or (4), 11, 13(1) or 14ZA, and - “Group 1 licence” means a licence authorising anything which would otherwise be a Group 1 offence. (3) Nothing in this section confers power to enter a dwelling. (18C) (1) The powers conferred by this section are exercisable where a wildlife inspector has entered any premises for a purpose mentioned in section 18B(1)(a) or (b). (2) The inspector, or a veterinary surgeon accompanying him, may— (a) for any such purpose, examine any specimen, and (b) subject to subsection (5) and section 18F, take a sample from it. (3) “Specimen” means— (a) any bird, other animal or plant, or (b) any part of, or anything derived from, a bird, other animal or plant. (4) “Sample” means a sample of blood, tissue or other biological material. (5) No sample may be taken under subsection (2) from a live bird, other animal or plant except for the purpose of establishing its identity or ancestry. (6) The inspector may require an occupier of the premises to give such assistance as is reasonable in the circumstances for the purpose of— (a) making an examination under subsection (2)(a), or (b) taking a sample under subsection (2)(b). (7) The inspector may take and remove from the premises a specimen which is not a live bird, other animal or plant, if there are reasonable grounds for believing that it is evidence of a Group 1 offence. (18D) (1) A wildlife inspector may, at any reasonable time, enter and inspect any premises— (a) for the purpose of ascertaining whether an offence under section 6, 9(5) or 13(2) is being, or has been, committed on those premises; (b) where he has reasonable cause to believe that any birds included in Schedule 4 are kept, for the purpose of ascertaining whether an offence under section 7 is being, or has been, committed on those premises; (c) for the purpose of ascertaining whether an offence under section 14 is being, or has been, committed on those premises; (d) for the purpose of— (i) verifying any statement or representation made, or document or information supplied, by an occupier in connection with an application for, or the holding of, a Group 2 licence or a relevant registration, or (ii) ascertaining whether any condition to which a Group 2 licence was subject has been complied with. (2) In this Part— - “Group 2 offence” means an offence under section 6, 7, 9(5), 13(2) or 14, - “Group 2 licence” means a licence authorising anything which would otherwise be a Group 2 offence, and - “relevant registration” means a registration in accordance with regulations under section 7(1). (3) In subsection (1)— (a) paragraphs (a) and (b) do not confer power to enter a dwelling except for purposes connected with— (i) a Group 2 licence or a relevant registration held by an occupier of the dwelling, or (ii) an application by an occupier of the dwelling for a Group 2 licence or a relevant registration, and (b) paragraph (c) does not confer any power to enter a dwelling. (18E) (1) A wildlife inspector may, for the purpose of ascertaining whether a Group 2 offence is being, or has been, committed in respect of any specimen, require any person who has the specimen in his possession or control to make it available for examination by the inspector or a veterinary surgeon. (2) A wildlife inspector may, for the purpose of ascertaining whether a Group 2 offence is being or has been committed, require the taking of a sample from a specimen found by him in the exercise of powers conferred by section 18D in order to determine its identity or ancestry. (3) A wildlife inspector may, for the purpose of ascertaining whether a Group 2 offence is being or has been committed in respect of any specimen (the relevant specimen), require any person to make available for the taking of a sample any specimen (other than the relevant specimen) in that person's possession or control which— (a) is alleged to be, or (b) which the wildlife inspector suspects with reasonable cause to be, a specimen a sample from which will tend to establish the identity or ancestry of the relevant specimen. (4) Where, pursuant to a requirement under this section— (a) a bird or other animal is to be examined, or (b) a sample is to be taken from a bird or other animal, a person who has the bird or animal in his possession or control must give the person making the examination or taking the sample such assistance as he may reasonably require for that purpose. (5) “Specimen” and “sample” have the same meaning as in section 18C. (6) This section is subject to section 18F. (18F) (1) No sample may be taken by virtue of section 18C, 18E or 19XA from a live bird or other animal except by a veterinary surgeon. (2) No sample may be taken by virtue of section 18C, 18E or 19XA from a live bird, other animal or plant unless the person taking it is satisfied on reasonable grounds that taking the sample will not cause lasting harm to the specimen.

2

(1) Amend section 19 (powers of constables to stop, search, enter etc.) as follows.

(2) In subsection (2)—

(a) after “is committing” insert “ or has committed ”, and

(b) for “enter any land other than a dwelling-house” substitute “ enter any premises other than a dwelling ”.

(3) After subsection (2) insert—

(2A) A constable may, for the purpose of assisting him in exercising the powers conferred by subsection (1)(b) and (d) when he has entered any premises under subsection (2), take with him— (a) any other person, and (b) any equipment or materials.

(4) In subsection (3), omit “(with or without other persons)”.

3

After section 19 insert—

(19XA) (1) A constable who suspects with reasonable cause that a specimen found by him in the exercise of powers conferred by this section is one in respect of which an offence under this Part is being or has been committed may require the taking from it of a sample. (2) A constable who suspects with reasonable cause that an offence under this Part is being or has been committed in respect of any specimen (the relevant specimen) may require any person to make available for the taking of a sample any specimen (other than the relevant specimen) in that person's possession or control which— (a) is alleged to be, or (b) the constable suspects with reasonable cause to be, a specimen a sample from which will tend to establish the identity or ancestry of the relevant specimen. (3) Where a sample from a live bird or other animal is to be taken pursuant to a requirement under this section, any person who has possession or control of the specimen must give the person taking the sample such assistance as he may reasonably require for that purpose. (4) “Specimen” and “sample” have the same meaning as in section 18C. (5) This section is subject to section 18F (restrictions on taking samples). (19XB) (1) A person is guilty of an offence if he— (a) intentionally obstructs a wildlife inspector acting in the exercise of powers conferred by section 18B(1) or 18C(2) or (7), or (b) fails without reasonable excuse to give any assistance reasonably required under section 18C(6). (2) A person is guilty of an offence if he— (a) intentionally obstructs a wildlife inspector acting in the exercise of powers conferred by section 18D(1) or 18E(2), or (b) fails without reasonable excuse to make available any specimen in accordance with a requirement under section 18E(1) or (3), or (c) fails without reasonable excuse to give any assistance reasonably required under section 18E(4). (3) A person is guilty of an offence if he— (a) fails without reasonable excuse to make available any specimen in accordance with a requirement under section 19XA(2), or (b) fails without reasonable excuse to give any assistance reasonably required under section 19XA(3). (4) Any person who, with intent to deceive, falsely pretends to be a wildlife inspector is guilty of an offence.

4

Omit sections 19ZA (enforcement: wildlife inspectors) and 19ZB (power to take samples).

5

(1) Amend section 21 (penalties etc.) as follows.

(2) Omit subsections (4A) and (4D) (penalties in connection with power of entry and powers in connection with examination of specimens and taking samples).

(3) Before subsection (4B) insert—

(4AA) Except in a case falling within subsection (4B) a person guilty of an offence under section 19XB(1), (2) or (3) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(4) In subsection (4B) (penalty for obstructing wildlife inspector to ascertain whether section 14 offence is being or has been committed)—

(a) for “subsection (7) of section 19ZA” substitute “ section 19XB(1)(a) or (2)(a) ”, and

(b) for “acting in the exercise of the power conferred by subsection (3)(c) of that section” substitute “ entering premises to ascertain whether an offence under section 14 or 14ZA is being or has been committed ”.

(5) In subsection (4C) (penalty for pretending to be wildlife inspector), for “19ZA(8)” substitute “ 19XB(4) ”.

6

In section 27 (interpretation of Part 1), in subsection (1), in the definition of “wildlife inspector”, for “section 19ZA(1)” substitute “ section 18A(1) ”.

Part 2 — Powers of wildlife inspectors extended to certain other Acts

Introduction

7

In this Part “the enforcement provisions of the 1981 Act relating to Group 1 offences and Group 1 licences” means the following provisions of the Wildlife and Countryside Act 1981 (c. 69)—

(a) section 18A (power to authorise persons to act as wildlife inspectors);

(b) section 18B (power of wildlife inspector to enter premises);

(d) section 18F (restrictions on taking samples from live specimens);

(da) section 19XB(1) and (4) (offences in connection with enforcement powers);

(e) section 21(4AA) to (4C) (penalties for obstructing etc. wildlife inspectors).

Destructive Imported Animals Act 1932 (c. 12)

8

(1) The enforcement provisions of the 1981 Act relating to Group 1 offences and Group 1 licences apply for the purposes of the 1932 Act as if—

(a) any reference to a Group 1 offence were a reference to any offence under the 1932 Act,

(b) any reference to a Group 1 licence were a reference to a licence under the 1932 Act, and

(c) as if the power to take a sample included power to take a sample from a destructive animal (whether live or dead) for the purpose of testing for disease.

(2) “Destructive animal” means a musk rat or other animal to which the 1932 Act applies.

Conservation of Seals Act 1970 (c. 30)

9

The enforcement provisions relating to Group 1 offences and Group 1 licences apply for the purposes of the 1970 Act as if—

(a) United Kingdom Research and Innovation were required to be consulted about any authorisation of a person to exercise the powers of a wildlife inspector for the purposes of the 1970 Act,

(b) any reference to a Group 1 offence were a reference to any offence under the 1970 Act,

(d) the power to take a sample from a specimen did not include any power to take a sample from a live seal.

Deer Act 1991 (c. 54)

10

The enforcement provisions relating to Group 1 offences and Group 1 licences apply for the purposes of the 1991 Act as if—

(a) any reference to a Group 1 offence were a reference to any offence under the 1991 Act,

(b) any reference to a Group 1 licence were a reference to a licence under section 8 of the 1991 Act, and

(c) as if the power to take a sample included power to take a sample from a deer (whether live or dead) for the purpose of testing for disease.

Protection of Badgers Act 1992 (c. 51)

11

The enforcement provisions relating to Group 1 offences and Group 1 licences apply for the purposes of the 1992 Act as if—

(a) any reference to a Group 1 offence were a reference to any offence under the 1992 Act,

(b) any reference to a Group 1 licence were a reference to a licence under section 10 of the 1992 Act, and

(c) as if the power to take a sample included power to take a sample from a badger (whether live or dead) for the purpose of testing for disease.

Part 3 — Codes of practice

12

(1) The Secretary of State may—

(a) issue a code of practice in connection with any of the provisions of sections 18A to 18F of the 1981 Act (including any of those provisions as applied by Part 2 of this Schedule), and

(b) revise or replace such a code.

(2) An inspector must have regard to any relevant provision of a code when discharging any function under any of the provisions mentioned in sub-paragraph (1)(a).

(3) But an inspector's failure to have regard to any provision of a code does not make him liable to criminal or civil proceedings.

(4) 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.

Part 4 — Constable's search warrant power extended to certain other Acts

13

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.

This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence. legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.