|
| |
|
| |
Powers of wildlife inspectors extended to certain other Acts |
| |
| |
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 |
| |
| |
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 |
| |
| |
(b) | any reference to a Group 1 licence were a reference to a licence under |
| |
| |
(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 |
| |
| |
(2) | “Destructive animal” means a musk rat or other animal to which the 1932 |
| |
| |
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 |
| |
| |
(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. |
| |
| |
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 |
| |
(b) | any reference to a Group 1 licence were a reference to a licence under |
| |
section 8 of the 1991 Act, and |
| |
|
| |
|
| |
|
(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 |
| |
| |
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 |
| |
| |
(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 |
| |
| |
| |
| |
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 |
|
| |
|
| |
|
(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 |
| |
| |
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.” |
| |
| |
5 | In section 9 (penalties for offences relating to deer), after subsection (2) |
| |
| 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 |
| |
| |
(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. |
| |
|
| |
|
| |
|
(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.” |
| |
| |
| |
| 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. |
| |
| 25 |
6 | The Commission for Rural Communities. |
| |
7 | The Environment Agency. |
| |
| |
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 |
|
| |
|
| |
|
16 | A National Park authority established for a National Park in England. |
| |
| |
18 | The Seafish Industry Authority. |
| |
19 | The Wine Standards Board. |
| |
| 5 |
| |
| |
| |
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 |
| |
| |
| |
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 |
| |
| |
4 | The appropriate authority may appoint one of the members to be deputy |
| |
| 20 |
5 | A section 78 order may include provision as to qualification or |
| |
disqualification for membership. |
| |
| |
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, |
| |
| 30 |
(b) | as to the payment of pensions, gratuities or allowances to or in |
| |
| |
| |
8 | A section 78 order may include provision as to the appointment of |
| |
employees, their remuneration and other terms of employment. |
| 35 |
|
| |
|
| |
|
| |
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 |
| |
(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. |
| |
| 15 |
| |
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 |
| |
| |
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. |
| |
| |
(a) | the training of persons engaged or proposing engagement in the |
| 35 |
| |
(b) | their education in subjects relevant to the industry. |
| |
| |
(a) | the adoption of measures for securing safer and better working |
| |
| 40 |
|
| |
|
| |
|
(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 |
| |
| 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 |
| |
| |
| |
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; |
| |
|
| |
|