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Natural Environment and Rural Communities Bill


Natural Environment and Rural Communities Bill
Schedule 4 — Joint Nature Conservation Committee

52

 

11         

The joint committee must pay to their 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

5

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,

10

           

as they 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).

15

      (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

20

for those purposes, and

(c)   

doing such other things as are conducive or incidental to the

discharge of those functions.

      (3)  

The constitution of any company formed under this paragraph must include

provision to ensure that only members of the joint committee are members

25

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.

30

      (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

35

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 pay to the joint committee in respect of each

40

financial year such sum as those bodies, with the approval of the appropriate

authorities, may agree.

      (2)  

The sum in respect of a financial year must be—

(a)   

appropriate for the proper discharge during that year by the joint

committee of its functions under Part 2, and

45

 

 

Natural Environment and Rural Communities Bill
Schedule 4 — Joint Nature Conservation Committee

53

 

(b)   

determined taking into account—

(i)   

any grant being made in respect of that year by the Secretary

of State under paragraph 15, and

(ii)   

the views of the joint committee.

      (3)  

If the funding bodies fail to agree the sum, the appropriate authorities may

5

determine it, taking into account—

(a)   

sub-paragraph (2), and

(b)   

the views of each of the funding bodies.

      (4)  

The contribution of each funding body to the sum to be paid under sub-

paragraph (1) is such as the funding bodies, with the approval of the

10

appropriate authorities, may agree.

      (5)  

If the funding bodies fail to agree their contributions, the appropriate

authorities may determine them, taking into account the views of each of

those bodies.

      (6)  

“The funding bodies” means—

15

(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

20

Secretary of State thinks fit.

Procedure

16    (1)  

The joint committee may determine their own procedure (including

quorum).

      (2)  

No proceeding of the joint committee is invalidated by—

25

(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—

30

(a)   

any member of the joint committee,

(b)   

a company formed under paragraph 13,

(c)   

any of the UK conservation bodies, or

(d)   

any employee of the joint committee, of such a company, or of any of

those bodies.

35

      (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—

40

(a)   

prepare an annual report on how they have discharged their

functions during the year, and

 

 

Natural Environment and Rural Communities Bill
Schedule 5 — Enforcement powers in connection with wildlife
Part 1 — Amendments of the Wildlife and Countryside Act 1981

54

 

(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

5

Parliament.

Interpretation

19    (1)  

In this Schedule “the appropriate authorities” means—

(a)   

the Secretary of State,

(b)   

the National Assembly for Wales,

10

(c)   

the Scottish Ministers, and

(d)   

the relevant Northern Ireland department.

      (2)  

In this Schedule “financial year” means the period of 12 months ending with

31st March.

Schedule 5

15

Section 51

 

Enforcement powers in connection with wildlife

Part 1

Amendments of the Wildlife and Countryside Act 1981

1          

After section 18 insert—

“18A    

Wildlife inspectors

20

(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

25

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

30

for believing that such a person will be needed for the exercise of

powers under section 18C or 18E.

18B     

Group 1 offences and licences: power to enter premises

(1)   

A wildlife inspector may, at any reasonable time, enter and inspect

any premises—

35

(a)   

for the purpose of ascertaining whether a Group 1 offence is

being or has been committed;

(b)   

for the purpose of—

 

 

Natural Environment and Rural Communities Bill
Schedule 5 — Enforcement powers in connection with wildlife
Part 1 — Amendments of the Wildlife and Countryside Act 1981

55

 

(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

5

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

10

would otherwise be a Group 1 offence.

(3)   

In this Part “premises” includes land (including buildings), movable

structures, vehicles, vessels, aircraft and other means of transport.

(4)   

Nothing in this section confers power to enter a dwelling.

18C     

Group 1 offences and licences: examining specimens and taking

15

samples

(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—

20

(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

25

(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 (1) from a live bird, other

30

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

35

(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     

Group 2 offences and licences etc.: power to enter premises

40

(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;

45

 

 

Natural Environment and Rural Communities Bill
Schedule 5 — Enforcement powers in connection with wildlife
Part 1 — Amendments of the Wildlife and Countryside Act 1981

56

 

(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

5

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,

10

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),

15

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).

20

(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

25

(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     

Group 2 offences: examining specimens and taking samples

(1)   

A wildlife inspector may, for the purpose of ascertaining whether a

30

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

35

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

40

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

45

(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.

 

 

Natural Environment and Rural Communities Bill
Schedule 5 — Enforcement powers in connection with wildlife
Part 1 — Amendments of the Wildlife and Countryside Act 1981

57

 

(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

5

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     

Restrictions on taking of samples from live specimens

(1)   

No sample may be taken by virtue of section 18C, 18E or 19XA from

10

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.”

15

2     (1)  

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

follows.

      (2)  

In subsection (2), for “enter any land other than a dwelling-house” substitute

“enter any premises other than a dwelling”.

      (3)  

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

20

      (4)  

After subsection (3) insert—

“(3A)   

A constable may, for the purpose of assisting him in exercising any

powers under this section, take with him—

(a)   

any other person, and

(b)   

any equipment or materials.”

25

3          

After section 19 insert—

“19XA   

  Constables powers in connection with samples

(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

30

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

35

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.

40

(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

 

 

Natural Environment and Rural Communities Bill
Schedule 5 — Enforcement powers in connection with wildlife
Part 1 — Amendments of the Wildlife and Countryside Act 1981

58

 

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    

Offences in connection with enforcement powers

5

(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

10

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

15

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—

20

(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).

25

(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.

30

      (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

35

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

40

(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”.

 

 

 
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