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Natural Environment and Rural Communities Bill


Natural Environment and Rural Communities Bill
Schedule 5 — Enforcement powers in connection with wildlife
Part 2 — Powers of wildlife inspectors extended to certain other Acts

60

 

Part 2

Powers of wildlife inspectors extended to certain other Acts

Introduction

7          

In this Part “the enforcement provisions of the 1981 Act relating to Group 1

offences and Group 1 licences” means the following provisions of the

5

Wildlife and Countryside Act 1981 (c. 69)—

(a)   

section 18A (power to authorise persons to act as wildlife inspectors);

(b)   

section 18B (power of wildlife inspector to enter premises);

(c)   

section 18C (power to examine specimens and take samples);

(d)   

section 18F (restrictions on taking samples from live specimens);

10

(e)   

section 21(4AA) to (4C) (penalties for obstructing etc. wildlife

inspectors).

Destructive Imported Animals Act 1932 (c. 12)

8     (1)  

The enforcement provisions of the 1981 Act relating to Group 1 offences and

Group 1 licences apply for the purposes of the 1932 Act as if—

15

(a)   

any reference to a Group 1 offence were a reference to any offence

under the 1932 Act,

(b)   

any reference to a Group 1 licence were a reference to a licence under

the 1932 Act, and

(c)   

as if the power to take a sample included power to take a sample

20

from a destructive animal (whether live or dead) for the purpose of

testing for disease.

      (2)  

“Destructive animal” means a musk rat or other animal to which the 1932

Act applies.

Conservation of Seals Act 1970 (c. 30)

25

9          

The enforcement provisions relating to Group 1 offences and Group 1

licences apply for the purposes of the 1970 Act as if—

(a)   

the Natural Environment Research Council were required to be

consulted about any authorisation of a person to exercise the powers

of a wildlife inspector for the purposes of the 1970 Act,

30

(b)   

any reference to a Group 1 offence were a reference to any offence

under the 1970 Act,

(c)   

any reference to a Group 1 licence were a reference to a licence under

section 10 of the 1970 Act, and

(d)   

the power to take a sample from a specimen did not include any

35

power to take a sample from a live seal.

Deer Act 1991 (c. 54)

10         

The enforcement provisions relating to Group 1 offences and Group 1

licences apply for the purposes of the 1991 Act as if—

(a)   

any reference to a Group 1 offence were a reference to any offence

40

under the 1991 Act,

(b)   

any reference to a Group 1 licence were a reference to a licence under

section 8 of the 1991 Act, and

 

 

Natural Environment and Rural Communities Bill
Schedule 6 — Wildlife offences: time limits for proceedings

61

 

(c)   

as if the power to take a sample included power to take a sample

from a deer (whether live or dead) for the purpose of testing for

disease.

Protection of Badgers Act 1992 (c. 51)

11         

The enforcement provisions relating to Group 1 offences and Group 1

5

licences apply for the purposes of the 1992 Act as if—

(a)   

any reference to a Group 1 offence were a reference to any offence

under the 1992 Act,

(b)   

any reference to a Group 1 licence were a reference to a licence under

section 10 of the 1992 Act, and

10

(c)   

as if the power to take a sample included power to take a sample

from a badger (whether live or dead) for the purpose of testing for

disease.

Schedule 6

Section 52

 

Wildlife offences: time limits for proceedings

15

Destructive Imported Animals Act 1932 (c. 12)

1          

In section 6 (offences relating to importation etc. of musk rats without licence

etc.), after subsection (2) insert—

“(3)   

Proceedings in England and Wales for an offence under this section

may be brought within the period of 6 months beginning with the

20

date on which evidence sufficient in the opinion of the prosecutor to

warrant the proceedings came to his knowledge.

(4)   

But subsection (3) does not authorise the commencement of

proceedings for an offence more than 2 years after the date on which

the offence was committed.

25

(5)   

For the purposes of subsection (3), a certificate signed by or on behalf

of the prosecutor and stating the date on which evidence sufficient in

his opinion to warrant the proceedings came to his knowledge shall

be conclusive evidence of that fact.

(6)   

A certificate stating that matter and purporting to be so signed shall

30

be deemed to be so signed unless the contrary is proved.”

Conservation of Seals Act 1970 (c. 30)

2          

In section 5 (penalties for offences), after subsection (2) insert—

“(3)   

Proceedings in England and Wales for an offence under this Act may

be brought within the period of 6 months beginning with the date on

35

which evidence sufficient in the opinion of the prosecutor to warrant

the proceedings came to his knowledge.

(4)   

But subsection (3) does not authorise the commencement of

proceedings for an offence more than 2 years after the date on which

the offence was committed.

40

 

 

Natural Environment and Rural Communities Bill
Schedule 6 — Wildlife offences: time limits for proceedings

62

 

(5)   

For the purposes of subsection (3), a certificate signed by or on behalf

of the prosecutor and stating the date on which evidence sufficient in

his opinion to warrant the proceedings came to his knowledge shall

be conclusive evidence of that fact.

(6)   

A certificate stating that matter and purporting to be so signed shall

5

be deemed to be so signed unless the contrary is proved.”

Wildlife and Countryside Act 1981 (c. 69)

3     (1)  

Amend section 20 (summary prosecutions) as follows.

      (2)  

In subsection (2), for “Summary proceedings for an offence under this Part”

substitute “Proceedings for a summary offence under this Part”.

10

      (3)  

In the heading, for “Summary prosecutions” substitute “Proceedings for

summary offences”.

4          

After section 51 insert—

“51A    

Summary prosecutions

(1)   

Proceedings in England and Wales for a summary offence under this

15

Part may be brought within the period of 6 months beginning with

the date on which evidence sufficient in the opinion of the prosecutor

to warrant the proceedings came to his knowledge.

(2)   

But subsection (1) does not authorise the commencement of

proceedings for an offence more than 2 years after the date on which

20

the offence was committed.

(3)   

For the purposes of this section, a certificate signed by or on behalf of

the prosecutor and stating the date on which evidence sufficient in

his opinion to warrant the proceedings came to his knowledge shall

be conclusive evidence of that fact.

25

(4)   

A certificate stating that matter and purporting to be so signed shall

be deemed to be so signed unless the contrary is proved.”

Deer Act 1991 (c. 54)

5          

In section 9 (penalties for offences relating to deer), after subsection (2)

insert—

30

“(3)   

Proceedings for an offence under this Act may be brought within the

period of 6 months beginning with the date on which evidence

sufficient in the opinion of the prosecutor to warrant the proceedings

came to his knowledge.

(4)   

But subsection (3) does not authorise the commencement of

35

proceedings for an offence more than 2 years after the date on which

the offence was committed.

(5)   

For the purposes of subsection (3), a certificate signed by or on behalf

of the prosecutor and stating the date on which evidence sufficient in

his opinion to warrant the proceedings came to his knowledge shall

40

be conclusive evidence of that fact.

 

 

Natural Environment and Rural Communities Bill
Schedule 7 — Designated bodies

63

 

(6)   

A certificate stating that matter and purporting to be so signed shall

be deemed to be so signed unless the contrary is proved.”

Protection of Badgers Act 1992 (c. 51)

6          

After section 12 insert—

“12ZA   

  Time limit for bringing summary proceedings (England and Wales)

5

(1)   

Proceedings in England and Wales for a summary offence under this

Act may be brought within the period of 6 months beginning with

the date on which evidence sufficient in the opinion of the prosecutor

to warrant the proceedings came to his knowledge.

(2)   

But subsection (1) does not authorise the commencement of

10

proceedings for an offence more than 2 years after the date on which

the offence was committed.

(3)   

For the purposes of this section, a certificate signed by or on behalf of

the prosecutor and stating the date on which evidence sufficient in

his opinion to warrant the proceedings came to his knowledge shall

15

be conclusive evidence of that fact.

(4)   

A certificate stating that matter and purporting to be so signed shall

be deemed to be so signed unless the contrary is proved.”

Schedule 7

Section 70

 

Designated bodies

20

1          

A conservation board for an area of outstanding natural beauty in England.

2          

The Board of Trustees of the Royal Botanic Gardens, Kew.

3          

The British Potato Council.

4          

The British Waterways Board.

5          

The Broads Authority.

25

6          

The Commission for Rural Communities.

7          

The Environment Agency.

8          

Food From Britain.

9          

The Forestry Commissioners.

10         

The Gangmasters’ Licensing Authority.

30

11         

The Horticultural Development Council.

12         

The Home-Grown Cereals Authority.

13         

The Milk Development Council.

14         

The Meat and Livestock Commission.

15         

The National Forest Company.

35

 

 

Natural Environment and Rural Communities Bill
Schedule 8 — Agricultural etc. boards

64

 

16         

A National Park authority established for a National Park in England.

17         

Natural England.

18         

The Seafish Industry Authority.

19         

The Wine Standards Board.

Schedule 8

5

Section 78

 

Agricultural etc. boards

Status

1          

A board is (by virtue of this Schedule) a body corporate.

2          

A board is not to be regarded—

(a)   

as a servant or agent of the Crown, or

10

(b)   

as enjoying any status, privilege of immunity of the Crown,

           

and the board’s property is not to be regarded as property of, or held on

behalf of, the Crown.

Membership

3          

A board is to consist of—

15

(a)   

a chairman appointed by the appropriate authority, and

(b)   

such other number of members as the appropriate authority may

appoint.

4          

The appropriate authority may appoint one of the members to be deputy

chairman.

20

5          

A section 78 order may include provision as to qualification or

disqualification for membership.

Term of office

6          

A section 78 order may include provision as to—

(a)   

the members’ term of office, and

25

(b)   

their removal from office.

Remuneration and pensions

7          

A section 78 order may include provision—

(a)   

as to the payment to the members of remuneration and allowances,

and

30

(b)   

as to the payment of pensions, gratuities or allowances to or in

respect of the members.

Staff

8          

A section 78 order may include provision as to the appointment of

employees, their remuneration and other terms of employment.

35

 

 

Natural Environment and Rural Communities Bill
Schedule 9 — Functions which may be assigned to boards

65

 

Reports, accounts etc.

9          

A section 78 order may include provision requiring the board to prepare and

submit reports to persons specified in the order.

10         

A section 78 order must include provision—

(a)   

requiring the board to prepare and submit accounts to persons

5

specified in the order;

(b)   

requiring a statement of the accounts to be examined, certified and

reported on by the Comptroller and Auditor General.

11         

A section 78 order may include provision requiring any documents of a

description specified in the order to be laid before—

10

(a)   

each House of Parliament;

(b)   

the National Assembly for Wales;

(c)   

the Scottish Parliament;

(d)   

the Northern Ireland Assembly.

Schedule 9

15

Section 80

 

Functions which may be assigned to boards

1          

Promoting or undertaking scientific research.

2     (1)  

Promoting or undertaking inquiry—

(a)   

as to materials and equipment, and

(b)   

as to methods of production, management and labour utilisation.

20

      (2)  

Promoting or undertaking inquiry under sub-paragraph (1) includes

promoting or undertaking—

(a)   

the discovery and development of—

(i)   

new materials, equipment and methods, and

(ii)   

improvements in those already in use,

25

(b)   

the assessment of the advantages of different alternatives, and

(c)   

the conduct of experimental establishments and of tests on a

commercial scale.

3          

Promoting the production and marketing of standard products.

4          

Promoting the better definition of trade descriptions and consistency in the

30

use of trade descriptions.

5          

Undertaking the certification of products, the registration of certification

trade marks, and the functions of proprietors of such marks.

6          

Promoting—

(a)   

the training of persons engaged or proposing engagement in the

35

industry, and

(b)   

their education in subjects relevant to the industry.

7     (1)  

Promoting—

(a)   

the adoption of measures for securing safer and better working

conditions, and

40

 

 

Natural Environment and Rural Communities Bill
Schedule 10 — Ancillary provisions relating to boards

66

 

(b)   

the provision and improvement of amenities for persons employed.

      (2)  

Promoting or undertaking inquiry as to measures for securing safer and

better working conditions.

8          

Promoting or undertaking research into the incidence, prevention and cure

of industrial diseases.

5

9          

Promoting or undertaking arrangements for encouraging the entry of

persons into the industry.

10         

Promoting or undertaking research for improving arrangements for

marketing and distributing products.

11         

Promoting or undertaking research into matters relating to the consumption

10

or use of goods and services supplied by the industry.

12         

Promoting arrangements—

(a)   

for co-operative organisations,

(b)   

for supplying materials and equipment, and

(c)   

for marketing and distributing products.

15

13         

Promoting the development of export trade, including promoting or

undertaking arrangements for publicity overseas.

14         

Promoting or undertaking arrangements for better acquainting the public in

the United Kingdom with the goods and services supplied by the industry

and methods of using them.

20

15         

Promoting the improvement of accounting and costing practice and

uniformity in accounting and costing practice, including in particular the

formulation of standard costings.

16         

Promoting or undertaking the collection and formulation of statistics.

17         

Advising on any matters relating to the industry (other than remuneration

25

or conditions of employment) as to which the appropriate authority may

request the board to advise, and undertaking inquiry for the purpose of

enabling the board to advise on such matters.

18         

Undertaking arrangements for making available information obtained, and

for advising, on matters with which the board is concerned in the exercise of

30

any of its functions.

Schedule 10

Section 81

 

Ancillary provisions relating to boards

Registers, returns and other information

1     (1)  

A section 78 order may include provision—

35

(a)   

with respect to registration in a register kept by the board of persons

carrying on business in a specified industry;

(b)   

requiring the register to be made available (in accordance with the

order) for inspection by the public;

 

 

 
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Revised 6 July 2005