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 10 — Ancillary provisions relating to boards
66

Schedule 10
Section 81

Ancillary provisions relating to boards
Registers, returns and other information
1     (1)
A section 78 order may include provision—
(a)
with respect to registration in a register kept by the board of persons
5
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.
10
      (2)
A section 78 order may include provision—
(a)
conferring power on the board to require persons carrying on
business in a specified industry to supply to the board returns and
other information;
(b)
making the exercise of any power so conferred subject to the
15
approval of the appropriate authority or to other conditions.
Investigative powers
2     (1)
A section 78 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.
20
      (2)
A section 78 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.
      (3)
“Authorised officer”, in relation to a power, means a person authorised to
25
exercise the power by the board to which the section 78 order relates.
      (4)
A section 78 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
30
(b).
Reserve funds etc.
3     (1)
A section 78 order may include provision for enabling the board to establish
and maintain a reserve fund for the purposes of its functions.
      (2)
A section 78 order may also make provision with respect to powers of
35
investment over a reserve fund or any other money of the board which is not
immediately required for any other purpose.
      (3)
A section 78 order may confer on the board—
(a)
power to borrow money;
(b)
power to charge property.
40

Natural Environment and Rural Communities Bill
Schedule 10 — Ancillary provisions relating to boards
67

Levies
4     (1)
A section 78 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)
requiring the approval of the appropriate authority to the imposition
5
of levies;
(c)
as to limits on the amounts of levies;
(d)
for the recovery of levies in such ways and through such channels as
may be specified in the order.
      (2)
But a section 78 order may not include provision by virtue of subsection (1)
10
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.
15
      (3)
The purpose for which any levies are imposed must be specified in the
section 78 order.
Consultation
5     (1)
A section 78 order may include provision requiring the board to consult a
specified person or a specified description of persons before exercising a
20
specified function or description of functions.
      (2)
A section 78 order may include provision for the appointment of a
Consumers’ Committee which the board is required to consult in relation to
specified matters.
Offences
25
6     (1)
A section 78 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;
30
(d)
neglecting or failing to comply with a requirement to attend to give
evidence;
(e)
providing false or misleading information to a board.
      (2)
But the order may not make a person liable—
(a)
on summary conviction, to imprisonment or to a fine of more than
35
the statutory maximum, or
(b)
on conviction on indictment, to imprisonment for a term of more
than 2 years.

Natural Environment and Rural Communities Bill
Schedule 11 — Minor and consequential amendments
Part 1 — General
68

Schedule 11
Section 95(1)

Minor and consequential amendments
Part 1
General
Destructive Imported Animals Act 1932 (c. 12)
5
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—
10
(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
15
(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—
20
“(3)
This section applies in relation to land in England as if—
(a)
the function of authorising an officer to enter and inspect
were an eligible function for the purposes of Chapter 1 of Part
8 of the Natural Environment and Rural Communities Act
2005 (agreements with designated bodies etc.), and
25
(b)
for the purposes of an agreement under that Chapter relating
to that function, the references to an officer of the appropriate
Minister included references to an employee of the body
authorised under the agreement to perform that function.”
Industrial Organisation and Development Act 1947 (c. 40)
30
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;
35
(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;
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Natural Environment and Rural Communities Bill
Schedule 11 — Minor and consequential amendments
Part 1 — General
69

(e)
to, or to an officer of a body specified in Schedule 7 to the
Natural Environment and Rural Communities Act 2005;
(f)
to, or to an officer of, a board established under Chapter 2 of
Part 8 of the 2005 Act.”
5     (1)
Amend section 9 (levies for certain purposes for industries for which there
5
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
10
8 of the Natural Environment and Rural Communities Act 2005.”
National Parks and Access to the Countryside Act 1949 (c. 97)
6
For the title of Part 1, substitute “The Countryside Council for Wales”.
7     (1)
Amend section 1 (the Countryside Agency and the Countryside Council for
Wales) as follows.
15
      (2)
In subsection (1), omit—
(a)
“There shall be a Countryside Agency which shall exercise functions
in relation to England for the purposes specified in subsection (2)
below; and”, and
(b)
“corresponding” (in both places).
20
      (3)
Omit subsection (2).
      (4)
In the heading, omit “Countryside Agency and the”.
8     (1)
Amend section 3 (power of Minister to give directions to Agency or Council)
as follows.
      (2)
In subsection (1)—
25
(a)
for “the Agency or to the Council”, and
(b)
for “the Agency or Council”,

substitute “the Council”.
      (3)
In the heading, for “Commission” substitute “the Council”.
9
In section 4A (application of Part 2 in Wales), in subsection (2), for “the
30
Countryside Agency” substitute “Natural England”.
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);
35
(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);
40
(h)
section 64(5);
(i)
section 65(5) and (5A);

Natural Environment and Rural Communities Bill
Schedule 11 — Minor and consequential amendments
Part 1 — General
70

(j)
section 85;
(k)
section 86(1) and (2);
(l)
section 86A;
(m)
section 90(4);
(n)
section 91(1).
5
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).
10
      (4)
In the heading, for “Commission” substitute “Natural England”.
12    (1)
Amend section 15 (meaning of “nature reserve”) as follows.
      (2)
Number the provisions of section 15 as subsection (1) of that section.
      (3)
After subsection (1) insert—
“(2)
Subsection (3) applies in relation to land in respect of which Natural
15
England has made a declaration under—
(a)
section 19(1) or (2), or
(b)
section 35 of the Wildlife and Countryside Act 1981 (national
nature reserves).
(3)
Nothing in subsection (1) is to be read as preventing the land from
20
being managed both for a purpose mentioned in paragraph (a) or (b)
of that subsection and for the purpose of enjoyment of nature and
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).
25
      (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”.
30
      (4)
After subsection (1) insert—
“(2)
In this Part of this Act—
(a)
“nature reserve agreement” means an agreement under
section 7 of the 2005 Act for securing that land which it
appears expedient in the national interest should be managed
35
as a nature reserve shall be so managed, and
(b)
“the 2005 Act” means the Natural Environment and Rural
Communities Act 2005.”
      (5)
In the heading for ““Nature Conservancy Council”” substitute “appropriate
conservation body”.
40
14    (1)
Amend section 16 (agreements for management of nature reserves) as
follows.

Natural Environment and Rural Communities Bill
Schedule 11 — Minor and consequential amendments
Part 1 — General
71

      (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”.
5
      (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)
In subsection (4), for “the Nature Conservancy Council”, substitute “the
Council”.
      (5)
For the heading substitute “Agreements for management of nature reserves
10
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);
15
(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);
20
(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
25
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
30
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
35
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”.
40
20
In section 50A (application of Part 4 in Wales), in subsection (2), for “the
Countryside Agency” substitute “Natural England”.
21
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”.
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Natural Environment and Rural Communities Bill
Schedule 11 — Minor and consequential amendments
Part 1 — General
72

22
In the heading to section 86 (information services to be provided by
Commission), for “Commission” substitute “Natural England”.
23
In section 114 (interpretation), in subsection (1), omit the definition of “the
Agency”.
24
In Schedule 1 (provisions as to making, confirmation, coming into operation
5
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”.
10
Manoeuvres Act 1958 (7 & 8 Eliz. 2 c. 7)
25
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),
15

for “the Countryside Agency” substitute “Natural England”.
Agricultural Marketing Act 1958 (c. 47)
26
In section 19 (consumers’ committees and committees’ of investigation),
omit subsections (1) to (5) and (9).
27    (1)
Amend section 20 (directions by Ministers to boards as respects certain
20
matters) as follows.
      (2)
In subsection (3), omit the words from “, and if, within” to the end.
      (3)
Omit subsections (4) and (7).
28    (1)
Amend section 21 (temporary directions by Ministers) as follows.
      (2)
In subsection (1), omit—
25
(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).
30
      (5)
In subsection (4), for “periods prescribed by subsections (2) and (3)”
substitute “period prescribed by subsection (2)”.
29    (1)
Amend section 32 (general provisions as to commissions and committees) as
follows.
      (2)
In subsection (1), omit—
35
(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).