Natural Environment and Rural Communities Act 2006

• (1) Section 19(3) of the 1981 Act (issue of search warrants for purpose of obtaining evidence of offence) applies in relation to an offence under each of the Acts mentioned in sub-paragraph (2) as it applies in relation to an offence under Part 1 of the 1981 Act.

• (2) The Acts are—

• (a) the Destructive Imported Animals Act 1932 (c. 12);

• (b) the Conservation of Seals Act 1970 (c. 30);

• (c) the Deer Act 1991 (c. 54);

• (d) the Protection of Badgers Act 1992 (c. 51).

SCHEDULE 6

Destructive Imported Animals Act 1932 (c. 12)

1

In section 6 (offences relating to importation etc. of musk rats without licence etc.), after subsection (2) insert—

(3) Proceedings in England and Wales for an offence under this section may be brought within the period of 6 months beginning with the date on which evidence sufficient in the opinion of the prosecutor to warrant the proceedings came to his knowledge. (4) But subsection (3) does not authorise the commencement of proceedings for an offence more than 2 years after the date on which the offence was committed. (5) For the purposes of subsection (3), a certificate signed by or on behalf of the prosecutor and stating the date on which evidence sufficient in his opinion to warrant the proceedings came to his knowledge shall be conclusive evidence of that fact. (6) A certificate stating that matter and purporting to be so signed shall be deemed to be so signed unless the contrary is proved.

Conservation of Seals Act 1970 (c. 30)

2

In section 5 (penalties for offences), after subsection (2) insert—

(3) Proceedings in England and Wales for an offence under this Act may be brought within the period of 6 months beginning with the date on which evidence sufficient in the opinion of the prosecutor to warrant the proceedings came to his knowledge. (4) But subsection (3) does not authorise the commencement of proceedings for an offence more than 2 years after the date on which the offence was committed. (5) For the purposes of subsection (3), a certificate signed by or on behalf of the prosecutor and stating the date on which evidence sufficient in his opinion to warrant the proceedings came to his knowledge shall be conclusive evidence of that fact. (6) A certificate stating that matter and purporting to be so signed shall be deemed to be so signed unless the contrary is proved.

Wildlife and Countryside Act 1981 (c. 69)

3

• (1) Amend section 20 (summary prosecutions) as follows.

• (2) In subsection (2), for “Summary proceedings for an offence under this Part” substitute “ Proceedings for a summary offence under this Part ”.

• (3) In the heading, for “Summary prosecutions” substitute “ Proceedings for summary offences ”.

4

After section 51 insert—

(51A) (1) Proceedings in England and Wales for a summary offence under this Part may be brought within the period of 6 months beginning with the date on which evidence sufficient in the opinion of the prosecutor to warrant the proceedings came to his knowledge. (2) But subsection (1) does not authorise the commencement of proceedings for an offence more than 2 years after the date on which the offence was committed. (3) For the purposes of this section, a certificate signed by or on behalf of the prosecutor and stating the date on which evidence sufficient in his opinion to warrant the proceedings came to his knowledge shall be conclusive evidence of that fact. (4) A certificate stating that matter and purporting to be so signed shall be deemed to be so signed unless the contrary is proved.

Deer Act 1991 (c. 54)

5

In section 9 (penalties for offences relating to deer), after subsection (2) insert—

(3) Proceedings for an offence under this Act may be brought within the period of 6 months beginning with the date on which evidence sufficient in the opinion of the prosecutor to warrant the proceedings came to his knowledge. (4) But subsection (3) does not authorise the commencement of proceedings for an offence more than 2 years after the date on which the offence was committed. (5) For the purposes of subsection (3), a certificate signed by or on behalf of the prosecutor and stating the date on which evidence sufficient in his opinion to warrant the proceedings came to his knowledge shall be conclusive evidence of that fact. (6) A certificate stating that matter and purporting to be so signed shall be deemed to be so signed unless the contrary is proved.

Protection of Badgers Act 1992 (c. 51)

6

After section 12 insert—

(12ZA) (1) Proceedings in England and Wales for a summary offence under this Act may be brought within the period of 6 months beginning with the date on which evidence sufficient in the opinion of the prosecutor to warrant the proceedings came to his knowledge. (2) But subsection (1) does not authorise the commencement of proceedings for an offence more than 2 years after the date on which the offence was committed. (3) For the purposes of this section, a certificate signed by or on behalf of the prosecutor and stating the date on which evidence sufficient in his opinion to warrant the proceedings came to his knowledge shall be conclusive evidence of that fact. (4) A certificate stating that matter and purporting to be so signed shall be deemed to be so signed unless the contrary is proved.

SCHEDULE 7

1

A conservation board for an area of outstanding natural beauty in England.

2

A joint committee of two or more local authorities which is discharging, in relation to an area of outstanding natural beauty, functions of those authorities under sections 89 and 90 of the Countryside and Rights of Way Act 2000 (c. 37).

3

A local authority (as defined by section 86).

4

A National Park authority established for a National Park in England.

5

The Board of Trustees of the Royal Botanic Gardens, Kew.

6

The British Potato Council.

7

Canal & River Trust.

8

The Broads Authority.

9

The Commission for Rural Communities.

10

The Environment Agency.

11

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

12

The Forestry Commissioners.

13

The Gangmasters and Labour Abuse Authority.

14

The Historic Buildings and Monuments Commission for England.

15

The Home-Grown Cereals Authority.

16

The Horticultural Development Council.

17

The Meat and Livestock Commission.

18

The Milk Development Council.

19

The National Forest Company.

20

Natural England.

21

The Seafish Industry Authority.

22

The Wine Standards Board.

SCHEDULE 8

Status

1

A board is (by virtue of this Schedule) a body corporate.

2

A board is not to be regarded—

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

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

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

Membership

3

A board is to consist of—

• (a) a chairman appointed by the appropriate authority, and

• (b) such other number of members as the appropriate authority may appoint.

4

The appropriate authority may appoint one of the members to be deputy chairman.

5

A section 87 order may include provision as to qualification or disqualification for membership.

Term of office

6

A section 87 order may include provision as to—

• (a) the members' term of office, and

• (b) their removal from office.

Remuneration and pensions

7

A section 87 order may include provision—

• (a) as to the payment to the members of remuneration and allowances, and

• (b) as to the payment of pensions, gratuities or allowances to or in respect of the members.

Staff

8

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

Reports, accounts etc.

9

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

10

A section 87 order must include provision—

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

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

11

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

• (a) each House of Parliament;

• (b) the National Assembly for Wales;

• (c) the Scottish Parliament;

• (d) the Northern Ireland Assembly.

SCHEDULE 9

1

Promoting or undertaking scientific research.

2

• (1) Promoting or undertaking inquiry—

• (a) as to materials and equipment, and

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

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

• (a) the discovery and development of—

• (i) new materials, equipment and methods, and

• (ii) improvements in those already in use,

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

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

3

Promoting the production and marketing of standard products.

4

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

5

Developing, promoting, marketing or operating—

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

• (b) systems for the classification of products.

6

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

7

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

8

Providing or promoting the provision of—

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

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

9

• (1) Promoting—

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

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

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

10

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

11

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

12

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

13

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

14

Promoting arrangements—

• (a) for co-operative organisations,

• (b) for supplying materials and equipment, and

• (c) for marketing and distributing products.

15

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

16

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

17

Promoting or undertaking the collection and formulation of statistics.

18

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

19

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

SCHEDULE 10

Acting through subsidiaries

1

• (1) A section 87 order may include provision—

• (a) enabling the board to establish subsidiaries, and

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

• (2) “Subsidiary” means a subsidiary as defined by section 1159 of the Companies Act 2006.

Registers, returns and other information

2

• (1) A section 87 order may include provision—

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

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

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

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

Investigative powers

3

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

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

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

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

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

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

• (5) A section 87 order may include provision—

• (a) enabling a board to hold inquiries;

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

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

Reserve funds etc.

4

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

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

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

• (a) power to borrow money;

• (b) power to charge property.

Levies

5

• (1) A section 87 order may include provision—

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

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

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

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

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

• (b) to meet its administrative expenses;

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

• (d) to establish a reserve fund.

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

Power to charge for services

6

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

Incidental powers

7

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

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

• (a) enter into agreements;

• (b) acquire or dispose of property;

• (c) raise funds by means of voluntary contributions;

• (d) accept gifts.

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

Approval of appropriate authority, consultation etc.

8

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

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

• (b) subject to any other conditions.

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

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

• (i) imposed, or

• (ii) terminated,

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

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

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

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

Offences

9

• (1) A section 87 order may create offences in relation to—

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

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

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

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

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

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

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

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

• (3) A section 87 order—

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

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

SCHEDULE 11

Part 1 — General

Destructive Imported Animals Act 1932 (c. 12)

1

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

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

• (3) After subsection (3) insert—

(3A) “Authorised person” means— (a) in relation to England and Wales, a person authorised in writing by the appropriate department to exercise powers under subsection (3); (b) in relation to Scotland, a person employed by or on behalf of the appropriate department for the purposes of subsection (3).

Hill Farming Act 1946 (c. 73)

2

Omit section 32 (advisory committees).

3

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

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

Industrial Organisation and Development Act 1947 (c. 40)

4

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

(3A) Subsections (2) and (3) do not apply to disclosure— (a) by a development council established in relation to an industry whose activities include an agricultural activity; (b) to, or to an officer of, Natural England; (c) to, or to an officer of, the Commission for Rural Communities; (d) to, or to an officer of, the Joint Nature Conservation Committee; (e) to, or to an officer of, a body specified in Schedule 7 to the Natural Environment and Rural Communities Act 2006; (f) to, or to an officer of, a board established under Chapter 2 of Part 8 of the 2006Act.

5

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

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

• (3) After subsection (1) insert—

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

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

6

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

7

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

8

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

9

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

10

In each of the following provisions for “the Agency” substitute “ Natural England ”

• (a) section 5(2) and (3);

• (b) section 6(1), (3), (4) and (5);

• (c) section 7(1), (2), (4) and (6);

• (d) section 9(1);

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

• (f) section 52(1) and (2);

• (g) section 55(1) and (2);

• (h) section 65(5) and (5A);

• (i) section 85;

• (j) section 86(1) and (2);

• (k) section 86A;

• (l) section 90(4);

• (m) section 91(1).

11

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

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

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

• (4) In the heading, for “Commission” substitute “ Natural England ”.

12

For section 15 (meaning of “nature reserve”) substitute—

(15) (1) In this Part, “nature reserve” means— (a) land managed solely for a conservation purpose, or (b) land managed not only for a conservation purpose but also for a recreational purpose, if the management of the land for the recreational purpose does not compromise its management for the conservation purpose. (2) Land is managed for a conservation purpose if it is managed for the purpose of— (a) providing, under suitable conditions and control, special opportunities for the study of, and research into, matters relating to the fauna and flora of Great Britain and the physical conditions in which they live, and for the study of geological and physiographical features of special interest in the area, or (b) preserving flora, fauna or geological or physiographical features of special interest in the area, or for both those purposes. (3) Land is managed for a recreational purpose if it is managed for the purpose of providing opportunities for the enjoyment of nature or for open-air recreation.

13

• (1) Amend section 15A (meaning of “Nature Conservancy Council”) as follows.

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

• (3) In subsection (1)—

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

• (b) in paragraph (a), for “English Nature” substitute “ Natural England ”.

• (4) After subsection (1) insert—

(2) In this Part of this Act— (a) “nature reserve agreement” means an agreement under section 7 of the 2006 Act for securing that land which it appears expedient in the national interest should be managed as a nature reserve shall be so managed, and (b) “the 2006 Act” means the Natural Environment and Rural Communities Act 2006.

• (5) In the heading for “ “Nature Conservancy Council”” substitute “ appropriate conservation body ”.

14

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

• (2) In subsection (1), for “the Nature Conservancy Council”—

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

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

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

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

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

15

In each of the following provisions for “the Nature Conservancy Council” substitute “ the appropriate conservation body ”

• (a) section 17(1) and (2);

• (b) section 18(1) and (2);

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

• (d) section 20(1), (2)(c) and (3);

• (e) section 21(1) and (6);

• (f) section 22;

• (g) section 103(1);

• (h) section 106(1).

16

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

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

• (b) in the heading, for “Conservancy” substitute “ conservation body ”.

17

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

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

• (b) in the heading, for “Conservancy” substitute “ conservation body ”.

18

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

19

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

20

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

21

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

22

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

23

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

24

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

25

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

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

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

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

26

In—

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

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

for “the Countryside Agency” substitute “ Natural England ”.

Agricultural Marketing Act 1958 (c. 47)

27

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

28

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

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

• (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

• (c) “or direction”.

• (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

• (c) omit the words from “, but when any such committee” to the end of the subsection.

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

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

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

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

42

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

43

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

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) In subsection (5)—

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

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) in paragraph (b)—

• (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (ii) for “provisions of section 1(2)” substitute “ purposes mentioned in section 1(1) ”.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

44

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

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

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

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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (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

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

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

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

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 (c) Scottish Natural Heritage, 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—

(27AA) 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

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

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—

(34A) 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; (c) in relation to Scotland, Scottish Natural Heritage.

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 (b) in relation to Wales, an agreement under section 39; “the relevant authority” has the same meaning as in section 39 except that in relation to England it also includes Natural England.

• (4) Omit subsection (6).

89

Before section 42 insert—

(41A) In relation to land in Wales, sections 42 to 45 (which relate to National Parks) have effect as if references to Natural England were references to the Countryside Council for Wales.

90

• (1) Amend section 43 (maps of National Parks showing certain areas of moor or heath) as follows.

• (2) In subsection (1B) —

• (a) for “The Countryside Agency and the Countryside Council for Wales shall each” substitute “ Natural England shall ”, and

• (b) for “the Agency and the Council may each” substitute “ Natural England may ”.

• (3) In subsection (1C), for “the Agency or, as the case may be, the Council” substitute “ Natural England ”.

91

• (1) Amend section 45 (power to vary orders designating National Park) as follows.

• (2) In subsection (1)—

• (a) for “the Countryside Agency” (in both places) substitute “ Natural England ”, and

• (b) omit “in England”.

• (3) Omit subsection (2).

92

• (1) Amend section 47 (provisions with respect to the Countryside Agency) as follows.

• (2) Omit subsection (1).

• (3) In subsection (2), omit “to the Countryside Agency or”.

• (4) For the heading substitute “ Grants to the Countryside Council for Wales ”.

93

In section 49 (extension of power to appoint wardens)—

• (a) in subsection (1) for “the Countryside Agency”, and

• (b) in subsection (4) for “Countryside Agency” and “the Countryside Agency”,

substitute “ Natural England ”.

94

• (1) Amend section 50 (payments under certain agreements offered by authorities) as follows.

• (2) In subsection (1), in paragraph (a), for “the Nature Conservancy Council offer to enter into an agreement under” substitute “ Natural England or the Countryside Council for Wales offer to enter into a nature reserve agreement or an SSSI agreement or an agreement under ”.

• (3) In subsection (3), omit “(or, in Scotland, an arbiter)” and “(or, in Scotland, the arbiter's)”.

• (4) In subsection (4), at the end insert—

“nature reserve agreement” has the same meaning as in Part 3 of the 1949 Act; “SSSI agreement” has the same meaning as in section 15A of the 1968 Act.

95

• (1) Amend section 51 (powers of entry) as follows.

• (2) In subsection (1)—

• (a) in paragraph (c), after “enter into”, and

• (b) in paragraph (h), after “terms of” in the first place where it occurs,

insert “ a nature reserve agreement or an SSSI agreement or ”.

• (3) In subsection (2)(a), for “the Nature Conservancy Council” substitute “ Natural England or the Countryside Council for Wales ”.

• (4) After subsection (2) insert—

(2A) In subsection (1)— - “nature reserve agreement” has the same meaning as in Part 3 of the 1949 Act; - “SSSI agreement” has the same meaning as in section 15A of the 1968 Act.

96

In section 52 (interpretation of Part 2), in subsection (1), omit the definition of “the Nature Conservancy Councils” and the words concerning the construction of references to “the Nature Conservancy Council”.

97

• (1) Amend section 71 (general interpretation) as follows.

• (2) Re-number the existing provision subsection (1).

• (3) After that subsection insert—

(2) For the avoidance of doubt it is hereby declared that in this Act “plants” include fungi and algae.

• (4) This paragraph extends only to England and Wales and to the territorial waters adjacent to England and Wales.

98

Omit Schedule 13 (provisions with respect to the Countryside Agency).

Derelict Land Act 1982 (c. 42)

99

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

Agricultural Marketing (Northern Ireland) Order 1982 (S.I. 1982/1080 (N.I. 12))

100

Omit—

• (a) Article 21 (committee of investigation), and

• (b) Article 22 (action following report by a committee of investigation).

101

• (1) Amend Article 29 (restrictions on disclosing certain information obtained under Part 2) as follows.

• (2) In paragraph (2), for the words from “this Part” to the end of the paragraph substitute “ this Part on any board ”.

• (3) In paragraph (3), omit “or by the General Consumer Council (Northern Ireland) Order 1984”.

Miscellaneous Financial Provisions Act 1983 (c. 29)

102

Omit section 1 (functions of Countryside Agency in relation to economic and social development of rural areas in England).

National Heritage Act 1983 (c. 47)

103

In section 24 (general functions of the Board), omit subsections (7) and (8) (fixing of opening hours and fees subject to Treasury consent).

Road Traffic Regulation Act 1984 (c. 27)

104

• (1) Amend section 22 (traffic regulation for special areas in the countryside) as follows.

• (2) In subsection (1)(a), for sub-paragraphs (iv) and (v) substitute—

(iv) an area in which Natural England is conducting an experimental scheme under section 8 of the Natural Environment and Rural Communities Act 2006 or the Countryside Council for Wales are conducting a scheme under section 4 of the 1968 Act, (v) a nature reserve or an area subject to an SSSI agreement or an agreement under section 15 of the 1968 Act,

.

• (3) In subsection (3), for “The Countryside Agency” substitute “ Natural England ”.

• (4) After subsection (4) insert—

(4A) In subsection (1)(a)(v) above, “SSSI agreement” has the same meaning as in section 15A of the Countryside Act 1968

.

Inheritance Tax Act 1984 (c. 51)

105

In Schedule 3 (gifts for national purposes, etc.), for “English Nature” substitute— “ Commission for Rural Communities. Natural England. ”

General Consumer Council (Northern Ireland) Order 1984 (S.I. 1984/1822 (N.I. 12))

106

Omit Article 7 (functions of the General Consumer Council in relation to agricultural marketing schemes).

Agriculture Act 1986 (c. 49)

107

In section 18 (designation and management of environmentally sensitive areas), in subsection (2)(a) for “the Countryside Agency and English Nature” substitute “ Natural England ”.

Channel Tunnel Act 1987 (c. 53)

108

In Schedule 2 (supplementary provisions as to the scheduled works and other authorised works), in paragraph 5(3), for “English Nature” substitute “ Natural England ”.

109

In Schedule 3 (planning permission), in paragraph 17(4), for paragraphs (a) and (b) substitute—

(a) where the authority consider that nature conservation or the conservation of the natural beauty and amenity of the countryside may be affected, Natural England;

.

Norfolk and Suffolk Broads Act 1988 (c. 4)

110

• (1) Amend section 4 (conservation of areas of natural beauty) as follows.

• (2) In subsection (3)(a), for “English Nature” substitute “ Natural England ”.

• (3) In subsection (4), for “Countryside Commission” substitute “ Agency ”.

• (4) In subsection (5), for the words from “the Countryside Commission” to the end substitute “ the Agency must consult such bodies appearing to it to represent interests concerned as it considers appropriate. ”

111

In section 5 (notification of certain operations within the Broads), in subsection (4), for “, English Nature and the Countryside Commission” substitute “ and Natural England ”.

112

In—

• (a) section 6 (byelaws: general), in subsection (4),

• (b) section 15 (grants from Secretary of State), in subsection (2), and

• (c) Schedule 1 (the Broads Authority), in paragraph 6,

for “the Countryside Commission” substitute “ Natural England ”.

113

In Schedule 2 (variation of area treated as the broads)—

• (a) in paragraph 3, for “the Countryside Commission”, and

• (b) in paragraphs 4, 5, 6, 7 and 10, for “the Commission” (in each place),

substitute “ Natural England ”.

114

In Schedule 3 (functions of Authority), in paragraph 33(1), for paragraphs (b) and (c) substitute—

(b) Natural England;

.

Electricity Act 1989 (c. 29)

115

In Schedule 9 (preservation of amenity and fisheries), in paragraph 2(2)—

• (a) omit “with the Countryside Agency, and”, and

• (b) for “English Nature” substitute “ Natural England ”.

Environmental Protection Act 1990 (c. 43)

116

In section 36 (grant of waste management licenses), in subsection (7), for “English Nature” substitute “ Natural England ” .

117

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

118

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

119

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

120

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

121

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

122

Omit section 133 (special functions of the Councils).

123

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

124

Omit sections 135 to 138 (dissolution of Nature Conservancy Council etc.).

125

In section 161 (regulations, orders and directions), in subsection (4)(b), after “under section” insert “ 128(3) ”.

126

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

127

Omit Schedules 7 (the Joint Nature Conservation Committee) and 10 (transfer schemes and staff of existing councils).

Deer Act 1991 (c. 54)

128

• (1) Amend section 8 (exceptions for persons licensed by the Nature Conservancy Council for England or the Countryside Council for Wales) as follows.

• (2) In subsections (1) and (4), for “English Nature” substitute “ Natural England ”.

• (3) In the heading, for “the Nature Conservancy Council for England” substitute “ Natural England ”.

Water Industry Act 1991 (c. 56)

129

• (1) Amend section 4 (environmental duties with respect to sites of special interest) as follows.

• (2) In subsection (1)—

• (a) for “English Nature” substitute “ Natural England ”, and

• (b) for “that Council” substitute “ Natural England or (as the case may be) the Council ”.

• (3) In subsection (4), for “English Nature” substitute “ Natural England ”.

130

In section 5 (codes of practice with respect to environmental and recreational duties), in subsection (4)(b), for “the Countryside Agency, English Nature” substitute “ Natural England ”.

131

• (1) Amend section 156 (restriction on disposals of land) as follows.

• (2) In subsection (4)(c), for sub-paragraphs (i) and (ii) substitute—

(i) consult with Natural England (as respects land in England) or the Countryside Council for Wales (as respects land in Wales); and (ii) enter into such management agreements or such covenants under subsection (6) below as the Secretary of State may determine;

.

• (3) In subsection (4)(d)—

• (a) for “the Countryside Agency” substitute “ Natural England ”, and

• (b) for “that Agency or Council” substitute “ Natural England or the Countryside Council for Wales ”.

• (4) In subsection (8), omit “and” preceding the definition of “the Broads” and after that definition insert—

“management agreement” means— (a) in relation to land in England, an agreement under section 39 of the Wildlife and Countryside Act 1981 or section 7 of the Natural Environment and Rural Communities Act 2006; (b) in relation to land in Wales, an agreement under section 39 of the Wildlife and Countryside Act 1981.

132

In Schedule 1A (the Water Services Regulation Authority), omit paragraph 11.

Water Resources Act 1991 (c. 57)

133

In Schedule 6 (orders relating to abstraction of small quantities and compulsory registration of protected rights), in paragraph 1(4)(g), for “English Nature” substitute “ Natural England ”.

Land Drainage Act 1991 (c. 59)

134

• (1) Amend section 61C (duties with respect to sites of special scientific interest) as follows.

• (2) In subsection (1)—

• (a) for “English Nature” substitute “ Natural England ”, and

• (b) for “that Council” substitute “ Natural England or the Countryside Council for Wales ”.

• (3) In subsection (4), for “English Nature” substitute “ Natural England ”.

135

In section 61E (codes of practice), in subsection (4)(b), for “the Countryside Agency, English Nature” substitute “ Natural England ”.

Transport and Works Act 1992 (c. 42)

136

In section 6 (applications for orders relating to railways, tramways, inland waterways etc.), in subsection (7)—

• (a) in paragraph (a), for “the Countryside Agency” substitute “ Natural England ”, and

• (b) omit paragraph (e) and “and” preceding it.

Protection of Badgers Act 1992 (c. 51)

137

In section 10 (licences)—

• (a) in subsections (1), (3), (4) and (6), for “the appropriate Conservancy Council” (in each place) substitute “ the appropriate conservation body ”,

• (b) in subsection (4)(a), for “English Nature” substitute “ Natural England ”, and

• (c) in subsection (6), for “Council's” substitute “ body's ”.

Agriculture Act 1993 (c. 37)

138

Omit section 20 (functions under section 19 of the Agricultural Marketing Act 1958).

Agriculture (Northern Ireland) Order 1993 (S.I. 1993/2665 (N.I. 10))

139

Omit Article 22 (functions of certain bodies in relation to agricultural marketing schemes).

Environment Act 1995 (c. 25)

140

In section 4 (principal aims and objectives of the Environment Agency), in subsection (5), for the words from “after consultation with the Agency and such other bodies or persons as” substitute

after consultation with— (“) the Agency, (b) Natural England, and (c) such other persons as

.

141

• (1) Amend section 8 (environmental duties with respect to sites of special interest) as follows.

• (2) In subsection (1)—

• (a) for “English Nature” substitute “ Natural England ”, and

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) In subsection (4), for “English Nature” substitute “ Natural England ”.

142

In section 9 (codes of practice with respect to environmental and recreational duties), in subsection (3)(b), for “the Countryside Agency, English Nature,” substitute “ Natural England ”.

143

In section 66 (National Park Management Plans), in subsection (7)(a), for “the Countryside Agency and English Nature” substitute “ Natural England ”.

144

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

145

In section 99 (consultation before making or modifying certain subordinate legislation for England), in subsection (2), for paragraphs (b) and (c) substitute—

(b) Natural England;

.

146

In Schedule 7 (National Park authorities), in paragraphs 4(1) and 14(3), for “the Countryside Agency” substitute “ Natural England ”.

Channel Tunnel Rail Link Act 1996 (c. 61)

147

In Schedule 6 (planning conditions), in the table in paragraph 27(4), for the entries relating to English Nature and the Countryside Agency substitute—

Nature conservation or conservation of the natural beauty or amenity of the countryside	Natural England.

148

In Schedule 14 (overhead lines: consent), in the table in paragraph 7(4), for the entries relating to English Nature and the Countryside Agency substitute—

Nature conservation or conservation of the natural beauty or amenity of the countryside	Natural England.

Government of Wales Act 1998 (c. 38)

149

In Schedule 4 (public bodies subject to reform by Assembly), omit paragraph 6.

150

In Schedule 5 (bodies and offices covered by section 74), omit paragraph 21.

Greater London Authority Act 1999 (c. 29)

151

In section 352 (the Mayor's biodiversity action plan), in subsection (3), for paragraphs (a) and (b) substitute—

(a) Natural England, and

.

152

In section 408 (transfer of property, rights or liabilities), in subsection (3), for paragraph (g) substitute—

(g) Natural England;

.

Freedom of Information Act 2000 (c. 36)

153

• (1) In Schedule 1 (public authorities), amend Part 6 as follows.

• (2) Insert at the appropriate places— “ Commission for Rural Communities. ”, and “ Natural England. ”

• (3) Omit the entries relating to—

• (a) the Committee of Investigation for Great Britain,

• (b) the consumers' committee for Great Britain appointed under section 19 of the Agricultural Marketing Act 1958,

• (c) the Countryside Agency, and

• (d) English Nature.

Countryside and Rights of Way Act 2000 (c. 37)

154

In section 1 (principal definitions for Part 1), in subsection (2), in paragraph (a) of the definition of “the appropriate countryside body”, for “the Countryside Agency” substitute “ Natural England ”.

155

In section 4 (duty to prepare maps), in subsection (1), for “the Countryside Agency” substitute “ Natural England ”.

156

• (1) Amend section 20 (codes of conduct and other information) as follows.

• (2) In subsection (1), for “the Countryside Agency” substitute “ Natural England ”.

• (3) In subsection (3), for “the Countryside Agency” substitute “ Natural England ”.

157

In section 26 (nature conservation and heritage preservation), in subsection (6)(a)(i), for “, English Nature” substitute “ in respect of which Natural England is not the relevant authority, Natural England ”.

158

In section 33 (guidance by countryside bodies to National Park authorities)—

• (a) in subsections (1) and (3), for “The Countryside Agency”, and

• (b) in subsection (4), for “the Countryside Agency”,

substitute “ Natural England ”.

159

In section 58 (application for path creation order), for subsection (1) substitute—

(1) An application for the making of a public path creation order under section 26(2) of the 1980 Act may be made— (a) by Natural England to the Secretary of State, or (b) for the purpose of enabling the public to obtain access to any access land (within the meaning of Part 1) or of facilitating such access, by the Countryside Council for Wales to the National Assembly for Wales.

160

In section 61 (rights of way improvement plans: supplemental), in subsection (1)(f), for “the Countryside Agency” substitute “ Natural England ”.

161

Omit section 73 (Nature Conservancy Council for England: change of name).

162

Omit section 74 (conservation of biological diversity).

163

In section 82 (designation of areas of outstanding natural beauty), in subsection (1)—

• (a) for “the Countryside Agency (in this Part referred to as “the Agency”)” substitute “ Natural England ”, and

• (b) for “the Agency may” substitute “ Natural England may ”.

164

In each of the following provisions for “the Agency” substitute “ Natural England ”

• (a) section 83(1), (2), (3), (5), (8) and (9);

• (b) section 84(1)(a) and (3);

• (c) section 86(6)(a);

• (d) section 90(1)(a)(i);

• (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (f) in Schedule 13, paragraph 6(1).

165

In section 85 (general duty of public bodies etc.), in subsection (3), after the definition of “public office” insert—

“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

.

166

In section 87 (general purposes and powers), in subsection (2), omit “, but without incurring significant expenditure in doing so,”.

167

In section 90 (supplementary provisions relating to management plans for areas of outstanding natural beauty), in subsection (1)(a)(i), omit “and English Nature”.

168

In section 92 (interpretation of Part 4 etc.), in subsection (1), omit the definition of “the Agency”.

169

In section 101 (expenses), omit paragraph (a).

170

• (1) In Schedule 11 (transitional provisions and savings relating to sites of special scientific interest), in paragraph 7, after sub-paragraph (2) insert—

(3) In relation to a site of special scientific interest which is the subject of a notification to which this paragraph applies— (a) section 28B (notification of additional land) shall have effect as if subsection (3) were omitted; and (b) section 28C (enlargement of SSSI) shall have effect as if subsection (4) were omitted.

• (2) In the heading to paragraph 7, for “section 28A” substitute “ sections 28A to 28C ”.

Scottish Public Services Ombudsman Act 2002 (asp 11)

171

In Schedule 2 (listed authorities), in Part 2, omit paragraphs 62 and 65.

Water Act 2003 (c. 37)

172

In Schedule 1 (the Water Services Regulation Authority), in the Schedule 1A to be inserted in the Water Industry Act 1991, omit paragraph 11.

Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4)

173

In Schedule 2 (the specified authorities), omit the entry relating to the Hill Farming Advisory Committee for Scotland.

Civil Contingencies Act 2004 (c. 36)

174

In Schedule 1 (Category 1 and 2 responders), after paragraph 11 insert—

(11A) Natural England.

Part 2 — Inland waterways

175

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

176

In Part 1 of Schedule 17 to the Transport Act 1968 (provisions extending to Northern Ireland), omit “and 110”.

SCHEDULE 12

Constitution

Experimental schemes

Joint Nature Conservation Committee

Duty to conserve biodiversity

Enforcement powers in connection with wildlife

Registration etc. of certain captive birds

Offences in connection with SSSIs

Denotification

Denotification

Notices and signs relating to SSSIs

Criteria for designating National Parks

Members of National Park authorities

Expenditure by National Parks authorities

Functions of Broads Authority and others in relation to the Broads

Presumed dedication and applications under section 53(5) of the 1981 Act

Interpretation

Inland Waterways Advisory Council

Particular powers

Maximum duration of agreement

Abolition of certain agricultural etc. committees

Abolition of certain agricultural etc. committees

Status

Membership

Term of office

Remuneration and pensions etc.

Staff

Procedure

Discharge of functions

Membership of committees and sub-committees

Application of seal and proof of documents

Nature reserves

Reports, accounts etc.

Status

Membership

Term of office

Remuneration and pensions etc.

Staff

Procedure

Discharge of functions

Membership of committees and sub-committees

Application of seal and proof of documents

Reports, accounts etc.

Creation and apportionment of property, rights and liabilities etc.

Employment contracts

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

Compensation

Continuity

Incidental provision

Membership

Term of office of members appointed by Secretary of State

Remuneration and allowances etc.

Staff: general

Formation of company

Funding

Procedure

Discharge of functions

Annual reports

Interpretation

Introduction

Destructive Imported Animals Act 1932 (c. 12)

Conservation of Seals Act 1970 (c. 30)

Deer Act 1991 (c. 54)

Protection of Badgers Act 1992 (c. 51)

Destructive Imported Animals Act 1932 (c. 12)

Conservation of Seals Act 1970 (c. 30)

Wildlife and Countryside Act 1981 (c. 69)

Deer Act 1991 (c. 54)

Protection of Badgers Act 1992 (c. 51)

Status

Membership

Term of office

Remuneration and pensions

Staff

Reports, accounts etc.

Acting through subsidiaries

Registers, returns and other information

Investigative powers

Reserve funds etc.

Levies

Power to charge for services

Incidental powers

Approval of appropriate authority, consultation etc.

Offences

Destructive Imported Animals Act 1932 (c. 12)

Hill Farming Act 1946 (c. 73)

Industrial Organisation and Development Act 1947 (c. 40)

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

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

Agricultural Marketing Act 1958 (c. 47)

Public Records Act 1958 (c. 51)

Cereals Marketing Act 1965 (c. 14)

Superannuation Act 1965 (c. 74)

Sea Fisheries Regulation Act 1966 (c. 38)

Parliamentary Commissioner Act 1967 (c. 13)

Agriculture Act 1967 (c. 22)

Countryside Act 1968 (c. 41)

Conservation of Seals Act 1970 (c. 30)

Superannuation Act 1972 (c. 11)

Local Government Act 1974 (c. 7)

House of Commons Disqualification Act 1975 (c. 24)

Race Relations Act 1976 (c. 74)

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

Highways Act 1980 (c. 66)

Animal Health Act 1981 (c. 22)

Wildlife and Countryside Act 1981 (c. 69)

Derelict Land Act 1982 (c. 42)

Agricultural Marketing (Northern Ireland) Order 1982 (S.I. 1982/1080 (N.I. 12))

Miscellaneous Financial Provisions Act 1983 (c. 29)

National Heritage Act 1983 (c. 47)

Road Traffic Regulation Act 1984 (c. 27)

Inheritance Tax Act 1984 (c. 51)

General Consumer Council (Northern Ireland) Order 1984 (S.I. 1984/1822 (N.I. 12))

Agriculture Act 1986 (c. 49)

Channel Tunnel Act 1987 (c. 53)

Norfolk and Suffolk Broads Act 1988 (c. 4)

Electricity Act 1989 (c. 29)

Environmental Protection Act 1990 (c. 43)

Deer Act 1991 (c. 54)

Water Industry Act 1991 (c. 56)

Water Resources Act 1991 (c. 57)

Land Drainage Act 1991 (c. 59)

Transport and Works Act 1992 (c. 42)

Protection of Badgers Act 1992 (c. 51)

Agriculture Act 1993 (c. 37)