|
| |
|
(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 |
| |
| 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 |
| |
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.” |
| |
| |
121 (1) | Amend section 132 (general functions of the Councils) as follows. |
| |
| 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 |
| |
| |
| 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. |
| |
| |
(a) | for “The Councils may each” substitute “The Council may”, and |
| 40 |
|
| |
|
| |
|
(b) | for “the Secretary of State” substitute “the National Assembly for |
| |
| |
| |
(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: |
| |
| |
127 | Omit Schedules 7 (the Joint Nature Conservation Committee) and 10 |
| |
(transfer schemes and staff of existing councils). |
| 15 |
| |
128 (1) | Amend section 8 (exceptions for persons licensed by the Nature |
| |
Conservancy Council for England or the Countryside Council for Wales) as |
| |
| |
(2) | In subsections (1) and (4), for “English Nature” substitute “Natural |
| 20 |
| |
(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 |
| |
| |
(a) | for “English Nature” substitute “Natural England”, and |
| |
(b) | for “that Council” substitute “Natural England or (as the case may |
| |
| 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 |
| |
|
| |
|
| |
|
(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 |
| |
| |
(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 |
| |
| |
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) |
| |
| 25 |
| |
(a) | for “English Nature” substitute “Natural England”, and |
| |
(b) | for “that Council” substitute “Natural England or the Countryside |
| |
| |
(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 |
| |
| |
(b) | omit paragraph (e) and “and” preceding it. |
| |
Protection of Badgers Act 1992 (c. 51) |
| |
137 | In section 10 (licences)— |
| 40 |
|
| |
|
| |
|
(a) | in subsections (1), (3), (4) and (6), for “the appropriate Conservancy |
| |
Council” (in each place) substitute “the appropriate conservation |
| |
| |
(b) | in subsection (4)(a), for “English Nature” substitute “Natural |
| |
| 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 |
| |
| |
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— |
| |
| |
| 15 |
(c) | such other persons as”. |
| |
140 (1) | Amend section 8 (environmental duties with respect to sites of special |
| |
| |
| |
(a) | for “English Nature” substitute “Natural England”, and |
| 20 |
(b) | for “that Council” substitute “the Agency or (as the case may be) the |
| |
| |
(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 |
| |
| |
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) |
| |
| |
| 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 |
| |
|
| |
|
| |
|
entries relating to English Nature and the Countryside Agency substitute— |
| |
| | | | | | 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 |
| |
| |
| | | | | | 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 |
| |
| |
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 |
| |
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 |
| |
(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 |
| |
| |
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”. |
| |
|
| |
|
| |
|
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 |
| |
| 5 |
(3) | In subsection (3), for “the Countryside Agency” substitute “Natural |
| |
| |
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 |
| |
| |
(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) |
| |
| |
“(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 |
| |
| |
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 |
| |
(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 |
| |
(a) | section 83(1), (2), (3), (5), (8) and (9); |
| |
(b) | section 84(1)(a) and (3); |
| |
| |
| 40 |
| |
(f) | in Schedule 13, paragraph 6(1). |
| |
164 | In section 85 (general duty of public bodies etc.), in subsection (3), after the |
| |
|
| |
|
| |
|
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 |
| |
| |
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 |
| |
| |
Scottish Public Services Ombudsman Act 2002 (asp 11) |
| |
170 | In Schedule 2 (listed authorities), in Part 2, omit paragraphs 62 and 65. |
| |
| 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— |
| |
| |
| |
| 35 |
| |
(a) | the provisions listed in sub-paragraph (2), and |
| |
|
| |
|