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Ancillary provisions relating to boards |
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Registers, returns and other information |
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1 (1) | A section 78 order may include provision— |
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(a) | with respect to registration in a register kept by the board of persons |
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carrying on business in a specified industry; |
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(b) | requiring the register to be made available (in accordance with the |
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order) for inspection by the public; |
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(c) | under which any right to inspect the register is subject to the |
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payment of a reasonable fee. |
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(2) | A section 78 order may include provision— |
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(a) | conferring power on the board to require persons carrying on |
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business in a specified industry to supply to the board returns and |
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(b) | making the exercise of any power so conferred subject to the |
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approval of the appropriate authority or to other conditions. |
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2 (1) | A section 78 order may include provision conferring a power of entry on |
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authorised officers for the purpose of enabling them to carry out functions |
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(2) | A section 78 order may include provision conferring power on authorised |
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officers to require persons of a description specified in the order— |
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(a) | to provide information of a description so specified, or |
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(b) | to produce documents of a description so specified. |
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(3) | “Authorised officer”, in relation to a power, means a person authorised to |
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exercise the power by the board to which the section 78 order relates. |
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(4) | A section 78 order may include provision— |
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(a) | enabling a board to hold inquiries; |
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(b) | enabling a board to require a person to attend to give evidence; |
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(c) | as to appeals against a requirement imposed by virtue of paragraph |
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| |
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3 (1) | A section 78 order may include provision for enabling the board to establish |
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and maintain a reserve fund for the purposes of its functions. |
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(2) | A section 78 order may also make provision with respect to powers of |
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investment over a reserve fund or any other money of the board which is not |
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immediately required for any other purpose. |
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(3) | A section 78 order may confer on the board— |
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(a) | power to borrow money; |
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(b) | power to charge property. |
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|
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4 (1) | A section 78 order may include provision— |
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(a) | for the imposition by the board of charges (“levies”) on such persons |
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as may be specified in the order; |
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(b) | requiring the approval of the appropriate authority to the imposition |
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(c) | as to limits on the amounts of levies; |
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(d) | for the recovery of levies in such ways and through such channels as |
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may be specified in the order. |
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(2) | But a section 78 order may not include provision by virtue of subsection (1) |
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except for the purpose of enabling a board— |
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(a) | to meet its expenses in the exercise of its functions; |
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(b) | to meet its administrative expenses; |
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(c) | to further a purpose or the purposes for which it is established; |
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(d) | to establish a reserve fund. |
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(3) | The purpose for which any levies are imposed must be specified in the |
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5 (1) | A section 78 order may include provision requiring the board to consult a |
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specified person or a specified description of persons before exercising a |
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specified function or description of functions. |
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(2) | A section 78 order may include provision for the appointment of a |
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Consumers’ Committee which the board is required to consult in relation to |
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6 (1) | A section 78 order may create offences in relation to— |
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(a) | failing to comply with a requirement relating to registration; |
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(b) | obstructing an authorised officer exercising a power of entry; |
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(c) | failing to comply with a requirement to provide information or |
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(d) | neglecting or failing to comply with a requirement to attend to give |
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(e) | providing false or misleading information to a board. |
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(2) | But the order may not make a person liable— |
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(a) | on summary conviction, to imprisonment or to a fine of more than |
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the statutory maximum, or |
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(b) | on conviction on indictment, to imprisonment for a term of more |
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Minor and consequential amendments |
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Destructive Imported Animals Act 1932 (c. 12) |
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1 (1) | Amend section 5 (provisions as to musk rats found at large) as follows. |
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(2) | In subsection (3) for “any persons employed by, or on behalf of, the |
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department for that purpose” substitute “any authorised persons”. |
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(3) | After subsection (3) insert— |
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“(3A) | “Authorised person” means— |
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(a) | in relation to England and Wales, a person authorised in |
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writing by the appropriate department to exercise powers |
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(b) | in relation to Scotland, a person employed by or on behalf of |
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the appropriate department for the purposes of subsection |
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Hill Farming Act 1946 (c. 73) |
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2 | Omit section 32 (advisory committees). |
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3 | In section 34 (power to enter on and inspect land), after subsection (2) |
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“(3) | This section applies in relation to land in England as if— |
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(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 |
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2005 (agreements with designated bodies etc.), and |
| 25 |
(b) | for the purposes of an agreement under that Chapter relating |
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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.” |
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Industrial Organisation and Development Act 1947 (c. 40) |
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4 | In section 5 (restriction on disclosure of information), after subsection (3) |
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“(3A) | Subsections (2) and (3) do not apply to disclosure— |
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(a) | by a development council established in relation to an |
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industry whose activities include an agricultural activity; |
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(b) | to, or to an officer of, Natural England; |
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(c) | to, or to an officer of, the Commission for Rural |
| |
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(d) | to, or to an officer of, the Joint Nature Conservation |
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|
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|
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|
(e) | to, or to an officer of a body specified in Schedule 7 to the |
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Natural Environment and Rural Communities Act 2005; |
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(f) | to, or to an officer of, a board established under Chapter 2 of |
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5 (1) | Amend section 9 (levies for certain purposes for industries for which there |
| 5 |
is no development council) as follows. |
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(2) | In subsection (1), for “not a development council” substitute “neither a |
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development council nor a relevant board”. |
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(3) | After subsection (1) insert— |
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“(1A) | “Relevant board” means a board established under Chapter 2 of Part |
| 10 |
8 of the Natural Environment and Rural Communities Act 2005.” |
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National Parks and Access to the Countryside Act 1949 (c. 97) |
| |
6 | For the title of Part 1, substitute “The Countryside Council for Wales”. |
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7 (1) | Amend section 1 (the Countryside Agency and the Countryside Council for |
| |
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(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) |
| |
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(b) | “corresponding” (in both places). |
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(4) | In the heading, omit “Countryside Agency and the”. |
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8 (1) | Amend section 3 (power of Minister to give directions to Agency or Council) |
| |
| |
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(a) | for “the Agency or to the Council”, and |
| |
(b) | for “the Agency or Council”, |
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| substitute “the Council”. |
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(3) | In the heading, for “Commission” substitute “the Council”. |
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9 | In section 4A (application of Part 2 in Wales), in subsection (2), for “the |
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Countryside Agency” substitute “Natural England”. |
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10 | In each of the following provisions for “the Agency” substitute “Natural |
| |
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(a) | section 5(2) and (3); |
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(b) | section 6(1), (3), (4) and (5); |
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(c) | section 7(1), (2), (4) and (6); |
| |
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(e) | section 51(1), (2), (3) and (4); |
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(f) | section 52(1) and (2); |
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(g) | section 55(1) and (2); |
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(i) | section 65(5) and (5A); |
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|
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|
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|
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(k) | section 86(1) and (2); |
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11 (1) | Amend section 6 (general duties of Agency in relation to National Parks) as |
| |
| |
(2) | In subsection (1), omit “as soon as may be after the commencement of this |
| |
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(3) | In subsection (4), omit paragraphs (a) and (c). |
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(4) | In the heading, for “Commission” substitute “Natural England”. |
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12 (1) | Amend section 15 (meaning of “nature reserve”) as follows. |
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(2) | Number the provisions of section 15 as subsection (1) of that section. |
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(3) | After subsection (1) insert— |
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“(2) | Subsection (3) applies in relation to land in respect of which Natural |
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England has made a declaration under— |
| |
(a) | section 19(1) or (2), or |
| |
(b) | section 35 of the Wildlife and Countryside Act 1981 (national |
| |
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(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 |
| |
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13 (1) | Amend section 15A (meaning of “Nature Conservancy Council”) as follows. |
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(2) | Number the provisions of section 15A as subsection (1). |
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(a) | for “references to “the Nature Conservancy Council” are references” |
| |
substitute “references to the appropriate conservation body are |
| |
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(b) | in paragraph (a), for “English Nature” substitute “Natural England”. |
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(4) | After subsection (1) insert— |
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“(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 |
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as a nature reserve shall be so managed, and |
| |
(b) | “the 2005 Act” means the Natural Environment and Rural |
| |
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(5) | In the heading for ““Nature Conservancy Council”” substitute “appropriate |
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14 (1) | Amend section 16 (agreements for management of nature reserves) as |
| |
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|
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|
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|
(2) | In subsection (1), for “the Nature Conservancy Council”— |
| |
(a) | in the first place where it occurs, substitute “The Council or Scottish |
| |
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(b) | in the second place where it occurs, substitute “the Council or (as the |
| |
case may be) Scottish Natural Heritage”. |
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(3) | In subsection (3)(b) and (c), for “the Nature Conservancy Council” substitute |
| |
“the Council or (as the case may be) Scottish Natural Heritage”. |
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(4) | In subsection (4), for “the Nature Conservancy Council”, substitute “the |
| |
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(5) | For the heading substitute “Agreements for management of nature reserves |
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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); |
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(c) | section 19(1), (2), (3), (4) and (5); |
| |
(d) | section 20(1), (2)(c) and (3); |
| |
(e) | section 21(1) and (6); |
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16 | In section 17 (compulsory acquisition of land for establishment of nature |
| |
| |
(a) | in subsection (2), for “agreement under the last foregoing section” |
| |
substitute “nature reserve agreement or an agreement under section |
| 25 |
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(b) | in the heading, for “Conservancy” substitute “conservation body”. |
| |
17 | In section 18 (compulsory acquisition of land for maintenance of nature |
| |
| |
(a) | in subsection (1), for “an agreement under the last but one foregoing |
| 30 |
section” substitute “a nature reserve agreement or an agreement |
| |
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(b) | in the heading, for “Conservancy” substitute “conservation body”. |
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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 |
| |
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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”. |
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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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|
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|
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|
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 |
| |
| |
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 |
| |
| |
(b) | for “the Agency,” in the second place where it occurs, substitute |
| |
| 10 |
Manoeuvres Act 1958 (7 & 8 Eliz. 2 c. 7) |
| |
| |
(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 |
| |
(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 |
| |
| |
(3) | In subsection (2), omit the proviso. |
| |
| 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 |
| |
| |
(2) | In subsection (1), omit— |
| 35 |
(a) | “or committee” (in both places), and |
| |
| |
(3) | In subsections (2) and (3), omit “or committee” (in each place). |
| |
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|
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|