Natural Environment and Rural Communities Bill

House of Commons

Session 2005 - 06
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Other Bills before Parliament

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;