Natural Environment and Rural Communities Bill

House of Commons

Session 2005 - 06
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Other Bills before Parliament

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”.