Natural Environment and Rural Communities Bill

House of Commons portcullis

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

Natural Environment and Rural Communities Bill

Natural Environment and Rural Communities Bill

EXPLANATORY NOTES
Explanatory notes to the Bill, prepared by the Department for Environment, Food
and Rural Affairs, are published separately as Bill 3—EN.
EUROPEAN CONVENTION ON HUMAN RIGHTS
Secretary Margaret Beckett has made the following statement under section 19(1)(a)
of the Human Rights Act 1998:
In my view the provisions of the Natural Environment and Rural Communities Bill
are compatible with the Convention rights.

Bill 3
54/1

Natural Environment and Rural Communities Bill

Bill 3 54/1

Natural Environment and Rural Communities Bill

Contents
Part 1
Natural England and the Commission for Rural Communities
Chapter 1
Natural England
Constitution and general purpose
1
Constitution
2
General purpose
Advisory functions
3
Review and research
4
Advice
General implementation powers
5
Carrying out proposals etc.
6
Financial and other assistance
7
Management agreements
8
Experimental schemes
Other functions
9
Information services etc.
10
Consultancy services and training
11
Power to charge for services and licences
12
Power to bring criminal proceedings
13
Incidental powers
Powers of Secretary of State
14
Grants
15
Guidance
16
Directions

Bill 3
54/1

Natural Environment and Rural Communities Bill
iv

Chapter 2
Commission for Rural Communities
The Commission and its general purpose
17
Commission for Rural Communities
18
Commission’s general purpose
Functions
19
Representation, advice and monitoring
20
Research
21
Information services etc.
22
Power to charge for services
23
Incidental powers
Powers of Secretary of State
24
Grants
25
Directions
Chapter 3
Supplementary
Transfer schemes etc.
26
Transfers on dissolution of English Nature and Countryside Agency
27
Continuing powers to make transfer schemes
28
Transfer schemes: supplementary
29
Interim arrangements
Interpretation
30
Interpretation
Part 2
Nature conservation in the UK
Joint Nature Conservation Committee etc.
31
Joint Nature Conservation Committee
32
UK conservation bodies
33
Purpose of functions under this Part
Coordinated functions
34
Functions of national or international significance
35
Advice from joint committee to UK conservation body
36
GB functions with respect to wildlife
37
UK conservation bodies: incidental powers for UK purposes, etc.

Natural Environment and Rural Communities Bill
v

Directions
38
Directions
Interpretation
39
Interpretation
Part 3
Wildlife etc.
Biodiversity
40
Duty to conserve biodiversity
41
Biodiversity lists and action (England)
42
Biodiversity lists and action (Wales)
Pesticides harmful to wildlife
43
Possession of pesticides harmful to wildlife
44
Enforcement powers in connection with pesticides
45
Interpretation
Protection of birds
46
Protection for nests of certain birds which re-use their nests
47
Birds released into the wild as part of re-population programme
48
Registration etc. of certain captive birds
Invasive non-native species
49
Sale etc. of invasive non-native species
50
Codes of practice in connection with invasive non-native species
Enforcement etc. of provisions relating to wildlife
51
Enforcement powers in connection with wildlife
52
Wildlife offences: time limits for proceedings
53
Application of Part 1 of 1981 Act to Crown
Part 4
Sites of special scientific interest
54
Offences in connection with SSSIs
55
Notices and signs relating to SSSIs
Part 5
National Parks and the Broads
National Parks
56
Procedure for orders designating National Parks

Natural Environment and Rural Communities Bill
vi

57
Members of National Park authorities
58
Expenditure by National Parks authorities
59
Notification of agricultural operations on moor and heath in National Parks
The Broads
60
Functions of Broads Authority and others in relation to the Broads
Part 6
Rights of way
61
Restriction on creation of new public rights of way
62
Ending of certain existing unrecorded public rights of way
63
Supplementary
64
Interpretation
Part 7
Inland Waterways
65
Inland Waterways Advisory Council
66
Constitution of Council
67
Term of office, procedure etc.
68
Functions of Council: England and Wales
69
Functions of Council: Scotland
Part 8
Flexible administrative arrangements
Chapter 1
Agreements with designated bodies etc.
Powers to enter into agreements
70
Agreement between a Minister and designated body
71
Agreement between the Secretary of State and non-designated body
72
Agreement between designated body and another body
73
Eligible functions
74
Maximum duration of agreement
Supplementary provisions
75
Powers of bodies authorised to perform functions
76
Supplementary provisions with respect to agreements
77
Interpretation

Natural Environment and Rural Communities Bill
vii

Chapter 2
Powers to reform agricultural etc. bodies
Power to create boards
78
Power to establish boards
79
Permissible purposes of boards
80
Permissible functions of boards
81
Ancillary provisions
Power to dissolve existing levy bodies and boards
82
Power to dissolve existing levy bodies
83
Power to dissolve board
84
Dissolution: supplementary
Powers of appropriate authority
85
Grants
86
Directions
Supplementary
87
“The appropriate authority”
88
Orders: procedure etc.
Chapter 3
Financial assistance
89
Financial assistance
Part 9
Miscellaneous
90
Byelaws relating to land drainage
91
Abolition of certain agricultural etc. committees
Part 10
Final provisions
92
Crown land
93
Wales
94
Power to make further provision
95
Minor and consequential amendments etc.
96
Financial provisions
97
Commencement
98
Extent
99
Short title

© Parliamentary copyright 2005
Revised 19 May 2005