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
87

(4)
Schedule 6 has effect with respect to the constitution and
proceedings of the Council.”
118
For section 129 (grants by Secretary of State to new Councils) substitute—
“129
Grants to the Council
(1)
The National Assembly for Wales may make to the Council grants of
5
such amounts as the Assembly thinks fit.
(2)
A grant under this section may be made subject to such conditions
(including in particular conditions as to the use of the money for the
purposes of the Joint Nature Conservation Committee) as the
Assembly may think fit.”
10
119
In section 130 (countryside functions of Welsh Council)—
(a)
in subsection (1), omit “, in place of the Commission established
under section 1 of the National Parks and Access to the Countryside
Act 1949 (so far as concerns Wales),”, and
(b)
in subsection (4), omit “and the Countryside Agency” and
15
“respective”.
120   (1)
Amend section 131 (nature conservation functions: preliminary) as follows.
      (2)
For subsection (1) substitute—
“(1)
For the purpose of nature conservation and fostering the
understanding of nature conservation, the Council shall have the
20
functions conferred on them by this Part and Part 2 of the Natural
Environment and Rural Communities Act 2005.”
      (3)
In subsections (2) and (3), for “the Councils” substitute “the Council”.
      (4)
For subsection (4) substitute—
“(4)
The National Assembly for Wales may give the Council general or
25
specific directions with regard to the discharge of any of their nature
conservation functions under this Part.”
      (5)
Omit subsection (5).
121   (1)
Amend section 132 (general functions of the Councils) as follows.
      (2)
In subsection (1)—
30
(a)
for “The Councils shall each” substitute “The Council shall”, and
(b)
omit the words from “and the Councils shall” to the end.
      (3)
In subsection (2), for “The Councils shall each” substitute “The Council
shall”.
      (4)
Omit subsection (3).
35
      (5)
In the heading, for “the Councils” substitute “the Council”.
122
Omit section 133 (special functions of the Councils).
123   (1)
Amend section 134 (grants and loans by Councils) as follows.
      (2)
In subsection (1)—
(a)
for “The Councils may each” substitute “The Council may”, and
40

Natural Environment and Rural Communities Bill
Schedule 11 — Minor and consequential amendments
Part 1 — General
88

(b)
for “the Secretary of State” substitute “the National Assembly for
Wales”.
      (3)
Omit subsection (2).
      (4)
In subsection (3), for “a Council” substitute “the Council”.
      (5)
In subsection (4), for “The Councils” substitute “The Council”.
5
      (6)
In the heading, for “the Councils” substitute “the Council”.
124
Omit sections 135 to 138 (dissolution of Nature Conservancy Council etc.).
125
In section 161 (regulations, orders and directions), in subsection (4)(b), after
“under section” insert “128(3)”.
126   (1)
Amend Schedule 6 as follows.
10
      (2)
Omit paragraphs 1 and 15(1).
      (3)
For the heading, substitute “The Countryside Council for Wales:
Constitution.”
127
Omit Schedules 7 (the Joint Nature Conservation Committee) and 10
(transfer schemes and staff of existing councils).
15
Deer Act 1991 (c. 54)
128   (1)
Amend section 8 (exceptions for persons licensed by the Nature
Conservancy Council for England or the Countryside Council for Wales) as
follows.
      (2)
In subsections (1) and (4), for “English Nature” substitute “Natural
20
England”.
      (3)
In the heading, for “the Nature Conservancy Council for England”
substitute “Natural England”.
Water Industry Act 1991 (c. 56)
129   (1)
Amend section 4 (environmental duties with respect to sites of special
25
interest) as follows.
      (2)
In subsection (1)—
(a)
for “English Nature” substitute “Natural England”, and
(b)
for “that Council” substitute “Natural England or (as the case may
be) the Council”.
30
      (3)
In subsection (4), for “English Nature” substitute “Natural England”.
130
In section 5 (codes of practice with respect to environmental and recreational
duties), in subsection (4)(b), for “the Countryside Agency, English Nature”
substitute “Natural England”.
131   (1)
Amend section 156 (restriction on disposals of land) as follows.
35
      (2)
In subsection (4)(c), for sub-paragraphs (i) and (ii) substitute—
“(i)
consult with Natural England (as respects land in
England) or the Countryside Council for Wales (as
respects land in Wales); and

Natural Environment and Rural Communities Bill
Schedule 11 — Minor and consequential amendments
Part 1 — General
89

(ii)
enter into such management agreements or such
covenants under subsection (6) below as the Secretary
of State may determine;”.
      (3)
In subsection (4)(d)—
(a)
for “the Countryside Agency” substitute “Natural England”, and
5
(b)
for “that Agency or Council” substitute “Natural England or the
Countryside Council for Wales”.
      (4)
In subsection (8), omit “and” preceding the definition of “the Broads” and
after that definition insert—
““management agreement” means—
10
(a)
in relation to land in England, an agreement under
section 39 of the Wildlife and Countryside Act 1981 or
section 7 of the Natural Environment and Rural
Communities Act 2005;
(b)
in relation to land in Wales, an agreement under
15
section 39 of the Wildlife and Countryside Act 1981.”
132
In Schedule 1A (the Water Services Regulation Authority), omit paragraph
11.
Water Resources Act 1991 (c. 57)
133
In Schedule 6 (orders relating to abstraction of small quantities and
20
compulsory registration of protected rights), in paragraph 1(4)(g), for
“English Nature” substitute “Natural England”.
Land Drainage Act 1991 (c. 59)
134   (1)
Amend section 61C (duties with respect to sites of special scientific interest)
as follows.
25
      (2)
In subsection (1)—
(a)
for “English Nature” substitute “Natural England”, and
(b)
for “that Council” substitute “Natural England or the Countryside
Council for Wales”.
      (3)
In subsection (4), for “English Nature” substitute “Natural England”.
30
135
In section 61E (codes of practice), in subsection (4)(b), for “the Countryside
Agency, English Nature” substitute “Natural England”.
Transport and Works Act 1992 (c. 42)
136
In section 6 (applications for orders relating to railways, tramways, inland
waterways etc.), in subsection (7)—
35
(a)
in paragraph (a), for “the Countryside Agency” substitute “Natural
England”, and
(b)
omit paragraph (e) and “and” preceding it.
Protection of Badgers Act 1992 (c. 51)
137
In section 10 (licences)—
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Natural Environment and Rural Communities Bill
Schedule 11 — Minor and consequential amendments
Part 1 — General
90

(a)
in subsections (1), (3), (4) and (6), for “the appropriate Conservancy
Council” (in each place) substitute “the appropriate conservation
body”,
(b)
in subsection (4)(a), for “English Nature” substitute “Natural
England”, and
5
(c)
in subsection (6), for “Council’s” substitute “body’s”.
Agriculture Act 1993 (c. 37)
138
Omit section 20 (functions under section 19 of the Agricultural Marketing
Act 1958).
Environment Act 1995 (c. 25)
10
139
In section 4 (principal aims and objectives of the Environment Agency), in
subsection (5), for the words from “after consultation with the Agency and
such other bodies or persons as” substitute “after consultation with—
“(a)
the Agency,
(b)
Natural England, and
15
(c)
such other persons as”.
140   (1)
Amend section 8 (environmental duties with respect to sites of special
interest) as follows.
      (2)
In subsection (1)—
(a)
for “English Nature” substitute “Natural England”, and
20
(b)
for “that Council” substitute “the Agency or (as the case may be) the
Council”.
      (3)
In subsection (4), for “English Nature” substitute “Natural England”.
141
In section 9 (codes of practice with respect to environmental and recreational
duties), in subsection (3)(b), for “the Countryside Agency, English Nature,”
25
substitute “Natural England”.
142
In section 66 (National Park Management Plans), in subsection (7)(a), for
“the Countryside Agency and English Nature” substitute “Natural
England”.
143
In section 72 (National Park grant), in subsection (2), for “the Countryside
30
Agency” substitute “Natural England”.
144
In section 99 (consultation before making or modifying certain subordinate
legislation for England), in subsection (2), for paragraphs (b) and (c)
substitute—
“(b)
Natural England;”.
35
145
In Schedule 7 (National Park authorities), in paragraphs 4(1) and 14(3), for
“the Countryside Agency” substitute “Natural England”.
Channel Tunnel Rail Link Act 1996 (c. 61)
146
In Schedule 6 (planning conditions), in the table in paragraph 27(4), for the

Natural Environment and Rural Communities Bill
Schedule 11 — Minor and consequential amendments
Part 1 — General
91

entries relating to English Nature and the Countryside Agency substitute—

“Nature conservation or
Natural England.”

conservation of the natural beauty

or amenity of the countryside

147
In Schedule 14 (overhead lines: consent), in the table in paragraph 7(4), for
5
the entries relating to English Nature and the Countryside Agency
substitute—

“Nature conservation or
Natural England.”

conservation of the natural beauty

or amenity of the countryside

10
Government of Wales Act 1998 (c. 38)
148
In Schedule 4 (public bodies subject to reform by Assembly), omit
paragraph 6.
149
In Schedule 5 (bodies and offices covered by section 74), omit paragraph 21.
Greater London Authority Act 1999 (c. 29)
15
150
In section 352 (the Mayor’s biodiversity action plan), in subsection (3), for
paragraphs (a) and (b) substitute—
“(a)
Natural England, and”.
151
In section 408 (transfer of property, rights or liabilities), in subsection (3), for
paragraph (g) substitute—
20
“(g)
Natural England;”.
Freedom of Information Act 2000 (c. 36)
152   (1)
In Schedule 1 (public authorities), amend Part 6 as follows.
      (2)
Insert at the appropriate places—

“Commission for Rural Communities.”, and
25

“Natural England.”
      (3)
Omit the entries relating to—
(a)
the Committee of Investigation for Great Britain,
(b)
the consumers’ committee for Great Britain appointed under section
19 of the Agricultural Marketing Act 1958,
30
(c)
the Countryside Agency, and
(d)
English Nature.
Countryside and Rights of Way Act 2000 (c. 37)
153
In section 1 (principal definitions for Part 1), in subsection (2), in paragraph
(a) of the definition of “the appropriate countryside body”, for “the
35
Countryside Agency” substitute “Natural England”.

Natural Environment and Rural Communities Bill
Schedule 11 — Minor and consequential amendments
Part 1 — General
92

154
In section 4 (duty to prepare maps), in subsection (1), for “the Countryside
Agency” substitute “Natural England”.
155   (1)
Amend section 20 (codes of conduct and other information) as follows.
      (2)
In subsection (1), for “the Countryside Agency” substitute “Natural
England”.
5
      (3)
In subsection (3), for “the Countryside Agency” substitute “Natural
England”.
156
In section 26 (nature conservation and heritage preservation), in subsection
(6)(a)(i), for “, English Nature” substitute “in respect of which Natural
England is not the relevant authority, Natural England”.
10
157
In section 33 (guidance by countryside bodies to National Park
authorities)—
(a)
in subsections (1) and (3), for “The Countryside Agency”, and
(b)
in subsection (4), for “the Countryside Agency”,

substitute “Natural England”.
15
158
In section 58 (application for path creation order), for subsection (1)
substitute—
“(1)
An application for the making of a public path creation order under
section 26(2) of the 1980 Act may be made—
(a)
by Natural England to the Secretary of State, or
20
(b)
for the purpose of enabling the public to obtain access to any
access land (within the meaning of Part 1) or of facilitating
such access, by the Countryside Council for Wales to the
National Assembly for Wales.”
159
In section 61 (rights of way improvement plans: supplemental), in
25
subsection (1)(f), for “the Countryside Agency” substitute “Natural
England”.
160
Omit section 73 (Nature Conservancy Council for England: change of name).
161
Omit section 74 (conservation of biological diversity).
162
In section 82 (designation of areas of outstanding natural beauty), in
30
subsection (1)—
(a)
for “the Countryside Agency (in this Part referred to as “the
Agency”)” substitute “Natural England”, and
(b)
for “the Agency may” substitute “Natural England may”.
163
In each of the following provisions for “the Agency” substitute “Natural
35
England”—
(a)
section 83(1), (2), (3), (5), (8) and (9);
(b)
section 84(1)(a) and (3);
(c)
section 86(6)(a);
(d)
section 90(1)(a)(i);
40
(e)
section 91(2);
(f)
in Schedule 13, paragraph 6(1).
164
In section 85 (general duty of public bodies etc.), in subsection (3), after the

Natural Environment and Rural Communities Bill
Schedule 11 — Minor and consequential amendments
Part 2 — Inland Waterways
93

definition of “public office” insert—
““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”.
165
In section 87 (general purposes and powers), in subsection (2), omit “, but without
5
incurring significant expenditure in doing so,”.
166
In section 90 (supplementary provisions relating to management plans for
areas of outstanding natural beauty), in subsection (1)(a)(i), omit “and
English Nature”.
167
In section 92 (interpretation of Part 4 etc.), in subsection (1), omit the
10
definition of “the Agency”.
168
In section 101 (expenses), omit paragraph (a).
169   (1)
In Schedule 11 (transitional provisions and savings relating to sites of special
scientific interest), in paragraph 7, after sub-paragraph (2) insert—
    “(3)
In relation to a site of special scientific interest which is the subject
15
of a notification to which this paragraph applies—
(a)
section 28B (notification of additional land) shall have
effect as if subsection (3) were omitted; and
(b)
section 28C (enlargement of SSSI) shall have effect as if
subsection (4) were omitted.”
20
      (2)
In the heading to paragraph 7, for “section 28A” substitute “sections 28A to
28C”.
Scottish Public Services Ombudsman Act 2002 (asp 11)
170
In Schedule 2 (listed authorities), in Part 2, omit paragraphs 62 and 65.
Water Act 2003 (c. 37)
25
171
In Schedule 1 (the Water Services Regulation Authority), in the Schedule 1A
to be inserted in the Water Industry Act 1991, omit paragraph 11.
Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4)
172
In Schedule 2 (the specified authorities), omit the entry relating to the Hill
Farming Advisory Committee for Scotland.
30
Civil Contingencies Act 2004 (c. 36)
173
In Schedule 1 (Category 1 and 2 responders), after paragraph 11 insert—
“11A
Natural England.”
Part 2
Inland Waterways
35
174   (1)
In—
(a)
the provisions listed in sub-paragraph (2), and