Natural Environment and Rural Communities Bill

House of Commons

Session 2005 - 06
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Natural Environment and Rural Communities Bill

Natural Environment and Rural Communities Bill
Part 8 — Flexible administrative arrangements
Chapter 2 — Powers to reform agricultural etc. bodies
33

80
Permissible functions of boards
(1)
The functions referred to in section 78(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
78 order, is a function of an existing levy body (“an existing function”);
5
(c)
a function which is a more limited version of a Schedule 9 function or
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—
10
(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—
15
(a)
the British Potato Council;
(b)
the Home-Grown Cereals Authority;
(c)
the Horticultural Development Council;
(d)
the Meat and Livestock Commission;
(e)
the Milk Development Council.
20
81
Ancillary provisions
Schedule 10 makes further provision about the contents of a section 78 order.
Power to dissolve existing levy bodies and boards
82
Power to dissolve existing levy bodies
(1)
The appropriate authority may by order provide for the dissolution of any or
25
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
30
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);
35
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
40
(c)
the Milk Development Council,

Natural Environment and Rural Communities Bill
Part 8 — Flexible administrative arrangements
Chapter 2 — Powers to reform agricultural etc. bodies
34


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.).
5
83
Power to dissolve board
(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 78
order.
84
Dissolution: supplementary
10
(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.
15
(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 4 of Schedule 10 (levies).
(4)
The order must provide for the application of any surplus—
20
(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.
25
Powers of appropriate authority
85
Grants
(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
30
appropriate authority thinks fit.
86
Directions
(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
35
section.
(3)
The power to give directions under this section includes power to vary or
revoke the directions.

Natural Environment and Rural Communities Bill
Part 8 — Flexible administrative arrangements
Chapter 2 — Powers to reform agricultural etc. bodies
35

(4)
The appropriate authority must comply with any directions given under this
section.
Supplementary
87
“The appropriate authority”
(1)
In this Chapter “the appropriate authority” means—
5
(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;
(c)
in relation to matters concerning Scotland only, the Scottish Ministers;
(d)
in relation to matters concerning Northern Ireland only, the relevant
10
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.
15
(2)
The matters referred to are—
(a)
making a section 78 order establishing a board which has cross-border
functions;
(b)
making an order under section 82 or 83 dissolving an existing levy body
or such a board;
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(c)
making appointments to such a board or exercising other powers in
relation to a cross-border function of a board.
(3)
“Cross-border functions” means functions relating to—
(a)
England, and
(b)
Wales, Scotland or Northern Ireland.
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(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-
30
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.
35
88
Orders: procedure etc.
(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—
40
(a)
amend or repeal any enactment, or
(b)
amend or revoke any subordinate legislation,

whenever passed or made.

Natural Environment and Rural Communities Bill
Part 8 — Flexible administrative arrangements
Chapter 3 — Financial assistance
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(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
5
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
10
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—
15
(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
20
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
25
Financial assistance
89
Financial assistance
(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 connected with a
DEFRA function.
30
(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.
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(4)
The conditions may, in particular, include (in the case of a grant) conditions for
repayment in specified circumstances.
(5)
“DEFRA function” means a function which falls to be performed by the
Department for Environment, Food and Rural Affairs.
(6)
A certificate issued by the Secretary of State that a function falls to be
40
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.

Natural Environment and Rural Communities Bill
Part 10 — Final provisions
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Part 9
Miscellaneous
90
Byelaws relating to land drainage
(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
5
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
including the proper defence of any land against sea or tidal
water, or
10
(b)
for regulating the effects of any drainage system, or of any
defence against sea or tidal water, on the environment.”
(2)
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)
15
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.”
20
91
Abolition of certain agricultural etc. committees
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
25
that section,
(c)
the advisory committee for Scotland 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
30
(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
35
92
Crown land
(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.
40
(3)
“Crown land” means land an interest in which—
(a)
belongs to Her Majesty in right of the Crown,

Natural Environment and Rural Communities Bill
Part 10 — Final provisions
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(b)
belongs to Her Majesty in right of the Duchy of Lancaster,
(c)
belongs to the Duchy of Cornwall, or
(d)
belongs to a government department or is held in trust for Her Majesty
for the purposes of a government department.
(4)
The power in section 8(4) to acquire land compulsorily may be exercised to
5
acquire an interest in Crown land, other than one held by or on behalf of the
Crown, but only with the consent of the appropriate authority.
(5)
“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
10
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
15
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.
(6)
If any question arises under this section as to what authority is the appropriate
20
authority in relation to any land, that question is to be referred to the Treasury,
whose decision is final.
93
Wales
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
25
1981 (c. 69) is to be read as a reference to the 1981 Act as amended by this Act.
94
Power to make further provision
(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
30
or for giving full effect to any provision of this Act.
(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
35
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.
40
(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.

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Part 10 — Final provisions
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(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.
95
Minor and consequential amendments etc.
(1)
Schedule 11 contains minor and consequential amendments.
5
(2)
Schedule 12 contains repeals and revocations.
96
Financial provisions
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
10
(b)
any increase attributable to this Act in the sums payable by virtue of any other
Act out of money so provided.
97
Commencement
(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.
15
(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 the Environment in Northern Ireland.
(3)
Parts 3 to 5 (wildlife etc., SSSIs, National Parks and the Broads) come into force
in accordance with provision made by order by the Secretary of State.
20
(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
25
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
30
by the Secretary of State, after consulting the Scottish Ministers and the
Department of Agriculture and Rural Development in Northern
Ireland, and
(c)
Chapter 3 comes into force in accordance with provision made by order
by the Secretary of State.
35
(7)
In Part 9 (miscellaneous), section 91 (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—
40
(a)
section 95 and Schedules 11 and 12, except so far as relating to an Act of
the Scottish Parliament or a provision which extends to Northern