Natural Environment and Rural Communities Bill

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

Natural Environment and Rural Communities Bill

Natural Environment and Rural Communities Bill
Schedule 11 — Minor and consequential amendments
Part 1 — General
80

(a)
for “Nature Conservancy Councils” substitute “GB conservation
bodies”, and
(b)
for “Council” substitute “body”.
      (5)
Sub-paragraph (2) extends to England and Wales only.
72    (1)
In section 21 (penalties, forfeitures, etc.), in subsections (4) and (6)(b), after
5
“section 14” insert “or 14ZA”.
      (2)
This paragraph extends to England and Wales only.
73    (1)
Amend section 22 (power to vary Schedules) as follows.
      (2)
In subsection (3)—
(a)
for “jointly to him by the Nature Conservancy Councils” substitute
10
“to him by the GB conservation bodies acting through the Joint
Nature Conservation Committee in accordance with Part 2 of the
2005 Act”; and
(b)
omit the words following paragraph (b).
      (3)
After subsection (3) insert—
15
“(3A)
The 2005 Act means the Natural Environment and Rural
Communities Act 2005.”
74    (1)
Amend section 24 (functions of Nature Conservancy Council) as follows.
      (2)
In subsection (1)—
(a)
for “Nature Conservancy Councils, acting jointly,” substitute “GB
20
conservation bodies, acting through the Joint Nature Conservation
Committee in accordance with Part 2 of the 2005 Act”, and
(b)
omit the words following paragraph (b).
      (3)
After subsection (3) insert—
“(1A)
The 2005 Act means the Natural Environment and Rural
25
Communities Act 2005.”
      (4)
In subsection (4), for “Nature Conservancy Councils” substitute “GB
conservation bodies”.
      (5)
For the heading substitute “Functions of GB conservation bodies”.
75    (1)
Amend section 27 (interpretation of Part 1) as follows.
30
      (2)
In subsection (1), in paragraph (c) of the definition of “authorised person”,
for “Nature Conservancy Councils” substitute “GB conservation bodies”.
      (3)
For subsection (3A) substitute—
“(3A)
In this Part “the GB conservation bodies” means—
(a)
Natural England,
35
(b)
the Countryside Council for Wales, and
(c)
Scottish Natural Heritage,

and references to a conservation body are to be read accordingly.”
76
Omit section 27A (construction of references to Nature Conservancy
Council) and the heading preceding it.
40

Natural Environment and Rural Communities Bill
Schedule 11 — Minor and consequential amendments
Part 1 — General
81

77
Before section 28 insert—
“Sites of special scientific interest and limestone pavements
27AA
Application of sections 28 to 33 in Wales
In relation to land in Wales, sections 28 to 33 (which relate to sites of
special scientific interest) have effect as if references to Natural
5
England were references to the Countryside Council for Wales.”
78
In sections 28 to 32 (which relate to SSSIs), for “the Nature Conservancy
Council” and “the Council” (or “the Council’s”) substitute “Natural
England” (or “Natural England’s”).
79
In section 28E (duties in relation to sites of special scientific interest), in
10
subsection (3)(b), for “or section 15 of the 1968 Act” substitute “, section 15 of
the 1968 Act or section 7 of the Natural Environment and Rural
Communities Act 2005”.
80    (1)
Amend section 28G (statutory undertakers, etc.: general duty) as follows.
      (2)
In subsection (3)(e), omit “(meaning the persons referred to in section 262(1),
15
(3) and (6) of the Town and Country Planning Act 1990)”.
      (3)
After subsection (3) insert—
“(4)
“Statutory undertaker” means a person who is or is deemed to be a
statutory undertaker for the purposes of any provision of Part 11 of
the Town and Country Planning Act 1990.”
20
81
In section 33 (ministerial guidance as respects areas of special scientific
interest), in subsection (1), for “Nature Conservancy Councils” substitute
“Natural England”.
82    (1)
Amend section 34 (limestone pavement orders) as follows.
      (2)
For subsection (1) substitute—
25
“(1)
Natural England must notify any local planning authority in
England of any limestone pavement in that authority’s area; and if
the Countryside Council for Wales is of the opinion that any land in
the Welsh countryside which comprises a limestone pavement is of
special interest by reason of its flora, fauna or geological or
30
physiographical features, they must notify that fact to the local
planning authority in whose area the land is situated.”
      (3)
In subsection (3), for “the Agency” substitute “Natural England”.
      (4)
In subsection (5), omit from “or Part” to the end.
      (5)
In subsection (6), omit—
35
(a)
the definition of “the Agency”, and
(b)
paragraph (b) of the definition of “the relevant authority”.

Natural Environment and Rural Communities Bill
Schedule 11 — Minor and consequential amendments
Part 1 — General
82

83
Before section 35 insert—
“Nature reserves, marine nature reserves and Ramsar sites
34A
Meaning of “appropriate conservation body”
In the following provisions of this Part “the appropriate conservation
body” means—
5
(a)
in relation to England, Natural England;
(b)
in relation to Wales, the Countryside Council for Wales;
(c)
in relation to Scotland, Scottish Natural Heritage.”
84
In sections 35 to 37, for “the Nature Conservancy Council” and “the Council”
substitute “the appropriate conservation body”.
10
85
In section 37A (Ramsar sites—wetlands of international importance), in
subsections (1)(a) and (3) for “English Nature” substitute “Natural England”.
86
In section 39 (management agreements with owners and occupiers of land),
omit subsection (5)(d).
87    (1)
Amend section 41 (duties of agriculture Ministers with respect to the
15
countryside) as follows.
      (2)
In subsection (3), omit the words after paragraph (b).
      (3)
In subsection (5), for the definitions of “management agreement” and “the
relevant authority” substitute—
““management agreement” means—
20
(a)
in relation to England, an agreement under section 39
or section 7 of the Natural Environment and Rural
Communities Act 2005, and
(b)
in relation to Wales, an agreement under section 39;
“the relevant authority” has the same meaning as in section 39
25
except that in relation to England it also includes Natural
England.”
      (4)
Omit subsection (6).
88
Before section 42 insert—
“41A
Application of sections 42 to 45 in Wales
30
In relation to land in Wales, sections 42 to 45 (which relate to
National Parks) have effect as if references to Natural England were
references to the Countryside Council for Wales.”
89    (1)
Amend section 43 (maps of National Parks showing certain areas of moor or
heath) as follows.
35
      (2)
In subsection (1B) —
(a)
for “The Countryside Agency and the Countryside Council for Wales
shall each” substitute “Natural England shall”, and
(b)
for “the Agency and the Council may each” substitute “Natural
England may”.
40
      (3)
In subsection (1C), for “the Agency or, as the case may be, the Council”
substitute “Natural England”.

Natural Environment and Rural Communities Bill
Schedule 11 — Minor and consequential amendments
Part 1 — General
83

90    (1)
Amend section 45 (power to vary orders designating National Park) as
follows.
      (2)
In subsection (1)—
(a)
for “the Countryside Agency” (in both places) substitute “Natural
England”, and
5
(b)
omit “in England”.
      (3)
Omit subsection (2).
91    (1)
Amend section 47 (provisions with respect to the Countryside Agency) as
follows.
      (2)
Omit subsection (1).
10
      (3)
In subsection (2), omit “to the Countryside Agency or”.
      (4)
For the heading substitute “Grants to the Countryside Council for Wales”.
92
In section 49 (extension of power to appoint wardens)—
(a)
in subsection (1) for “the Countryside Agency”, and
(b)
in subsection (4) for “Countryside Agency” and “the Countryside
15
Agency”,

substitute “Natural England”.
93    (1)
Amend section 50 (payments under certain agreements offered by
authorities) as follows.
      (2)
In subsection (1), in paragraph (a), for “the Nature Conservancy Council
20
offer to enter into an agreement under” substitute “Natural England or the
Countryside Council for Wales offer to enter into a nature reserve agreement
or an SSSI agreement or an agreement under”.
      (3)
In subsection (3), omit “(or, in Scotland, an arbiter)” and “(or, in Scotland, the
arbiter’s)”.
25
      (4)
In subsection (4), at the end insert—
““nature reserve agreement” has the same meaning as in Part 3
of the 1949 Act;
“SSSI agreement” has the same meaning as in section 15A of the
1968 Act.”
30
94    (1)
Amend section 51 (powers of entry) as follows.
      (2)
In subsection (1)—
(a)
in paragraph (c), after “enter into”, and
(b)
in paragraph (h), after “terms of” in the first place where it occurs,

insert “a nature reserve agreement or an SSSI agreement or”.
35
      (3)
In subsection (2)(a), for “the Nature Conservancy Council” substitute
“Natural England or the Countryside Council for Wales”.
      (4)
After subsection (2) insert—
“(2A)
In subsection (1)—
“nature reserve agreement” has the same meaning as in Part 3 of
40
the 1949 Act;

Natural Environment and Rural Communities Bill
Schedule 11 — Minor and consequential amendments
Part 1 — General
84

“SSSI agreement” has the same meaning as in section 15A of the
1968 Act.”
95
In section 52 (interpretation of Part 2), in subsection (1), omit the definition
of “the Nature Conservancy Councils” and the words concerning the
construction of references to “the Nature Conservancy Council”.
5
96    (1)
Amend section 71 (general interpretation) as follows.
      (2)
Re-number the existing provision subsection (1).
      (3)
After that subsection insert—
“(2)
For the avoidance of doubt it is hereby declared that in this Act
“plants” include fungi and algae.”
10
      (4)
This paragraph extends only to England and Wales and to the territorial
waters adjacent to England and Wales.
97
Omit Schedule 13 (provisions with respect to the Countryside Agency).
Derelict Land Act 1982 (c. 42)
98
In section 1 (power of Secretary of State to give grants), after subsection (6)
15
insert—
“(6A)
Before making any grant under this section where the land to which
subsection (1) applies is in a National Park or an area of outstanding
natural beauty, the Secretary of State must consult Natural England.”
Agricultural Marketing (Northern Ireland) Order 1982 (S.I. 1982/1080 (N.I. 12))
20
99
Omit Article 21 (committee of investigation).
100
In Article 22 (action following report by a committee of investigation), omit
paragraphs (1) and (2).
101   (1)
Amend Article 29 (restrictions on disclosing certain information obtained
under Part 2) as follows.
25
      (2)
In paragraph (2), for the words from “this Part” to the end of the paragraph
substitute “this Part on any board”.
      (3)
In paragraph (3), omit “or by the General Consumer Council (Northern
Ireland) Order 1984”.
Miscellaneous Financial Provisions Act 1983 (c. 29)
30
102
Omit section 1 (functions of Countryside Agency in relation to economic and
social development of rural areas in England).
National Heritage Act 1983 (c. 47)
103
In section 24 (general functions of the Board), omit subsections (7) and (8)
(fixing of opening hours and fees subject to Treasury consent).
35

Natural Environment and Rural Communities Bill
Schedule 11 — Minor and consequential amendments
Part 1 — General
85

Road Traffic Regulation Act 1984 (c. 27)
104   (1)
Amend section 22 (traffic regulation for special areas in the Countryside) as
follows.
      (2)
In subsection (1)(a), for sub-paragraphs (iv) and (v) substitute—
“(iv)
an area in which Natural England is conducting an
5
experimental scheme under section 8 of the Natural
Environment and Rural Communities Act 2005 or the
Countryside Council for Wales are conducting a
scheme under section 4 of the 1968 Act,
(v)
a nature reserve or an area subject to an SSSI
10
agreement or an agreement under section 15 of the
1968 Act,”.
      (3)
In subsection (3), for “The Countryside Agency” substitute “Natural
England”.
      (4)
After subsection (4) insert—
15
“(4A)
In subsection (1)(a)(v) above, “SSSI agreement” has the same
meaning as in section 15A of the Countryside Act 1968”.
Inheritance Tax Act 1984 (c. 51)
105
In Schedule 3 (gifts for national purposes, etc.), for “English Nature”
substitute—
20

“Commission for Rural Communities.

Natural England.”
General Consumer Council (Northern Ireland) Order 1984 (S.I. 1984/1822 (N.I. 12))
106
Omit Article 7 (functions of the General Consumer Council in relation to
agricultural marketing schemes).
25
Agriculture Act 1986 (c. 49)
107
In section 18 (designation and management of environmentally sensitive
areas), in subsection (2)(a) for “the Countryside Agency and English Nature”
substitute “Natural England”.
Channel Tunnel Act 1987 (c. 53)
30
108
In Schedule 2 (supplementary provisions as to the scheduled works and
other authorised works), in paragraph 5(3), for “English Nature” substitute
“Natural England”.
109
In Schedule 3 (planning permission), in paragraph 17(4), for paragraphs (a)
and (b) substitute—
35
“(a)
where the authority consider that nature conservation or
the conservation of the natural beauty and amenity of the
countryside may be affected, Natural England;”.

Natural Environment and Rural Communities Bill
Schedule 11 — Minor and consequential amendments
Part 1 — General
86

Norfolk and Suffolk Broads Act 1988 (c. 4)
110   (1)
Amend section 4 (conservation of areas of natural beauty) as follows.
      (2)
In subsection (3)(a), for “English Nature” substitute “Natural England”.
      (3)
In subsection (4), for “Countryside Commission” substitute “Agency”.
      (4)
In subsection (5), for the words from “the Countryside Commission” to the
5
end substitute “the Agency must consult such bodies appearing to it to
represent interests concerned as it considers appropriate.”
111
In section 5 (notification of certain operations within the Broads), in
subsection (4), for “, English Nature and the Countryside Commission”
substitute “and Natural England”.
10
112
In—
(a)
section 6 (byelaws: general), in subsection (4),
(b)
section 15 (grants from Secretary of State), in subsection (2), and
(c)
Schedule 1 (the Broads Authority), in paragraph 6,

for “the Countryside Commission” substitute “Natural England”.
15
113
In Schedule 2 (variation of area treated as the broads)—
(a)
in paragraph 3, for “the Countryside Commission”, and
(b)
in paragraphs 4, 5, 6, 7 and 10, for “the Commission” (in each place),

substitute “Natural England”.
114
In Schedule 3 (functions of Authority), in paragraph 33(1), for paragraphs (b)
20
and (c) substitute—
“(b)
Natural England;”.
Electricity Act 1989 (c. 29)
115
In Schedule 9 (preservation of amenity and fisheries), in paragraph 2(2)—
(a)
omit “with the Countryside Agency, and”, and
25
(b)
for “English Nature” substitute “Natural England”.
Environmental Protection Act 1990 (c. 43)
116
In section 36 (grant of waste management licenses), in subsection (7), for
“English Nature” substitute “Natural England”.
117   (1)
For section 128 (creation and constitution of new Councils) substitute—
30
“128
Countryside Council for Wales
(1)
There shall be a council to be called the Countryside Council for
Wales (in this Part referred to as “the Council”).
(2)
The Council shall have not less than 8 nor more than 12 members and
those members shall be appointed by the National Assembly for
35
Wales.
(3)
The National Assembly for Wales may by order made by statutory
instrument amend subsection (2) above so as to substitute for the
number for the time being specified as the maximum membership of
the Council such other number as the Assembly thinks appropriate.
40