Natural Environment and Rural Communities Bill

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

Natural Environment and Rural Communities Bill

Natural Environment and Rural Communities Bill
Schedule 11 — Minor and consequential amendments
Part 1 — General
74

32
In section 53 (provisions as to Northern Ireland), in subsection (5)—
(a)
omit “consumers’ committee and committees of investigation shall
operate, and the”,
(b)
for “operate and are applicable respectively” substitute “are
applicable”, and
5
(c)
omit the words from “, but when any such committee” to the end of
the subsection.
33
In Schedule 3 (matters referred to in the definition of “the Minister”), in Parts
2, 5 and 6, omit paragraphs 2 and 3.
Public Records Act 1958 (c. 51)
10
34    (1)
In Schedule 1 (definition of public records), amend Part 2 of the table at the
end of paragraph 3 as follows.
      (2)
Insert at the appropriate places—

“Commission for Rural Communities.”, and

“Natural England.”
15
      (3)
Omit the entries relating to English Nature and the Countryside Agency.
Cereals Marketing Act 1965 (c. 14)
35
In section 6 (further non-trading functions of Authority), in subsection (2),
omit “(subject to section 17(2) of this Act)”.
36
In section 17 (offences in relation to scheme under section 16), omit—
20
(a)
subsection (2), and
(b)
in subsection (3), paragraph (c) and “or” preceding it.
Superannuation Act 1965 (c. 74)
37
In section 39 (meaning of “public office” etc.), in subsection (1), in paragraph
7, omit the entry relating to English Nature.
25
Sea Fisheries Regulation Act 1966 (c. 38)
38
In section 5A (byelaws under section 5 for marine environmental purposes),
in subsection (3)(a), for “English Nature” substitute “Natural England”.
Parliamentary Commissioner Act 1967 (c. 13)
39    (1)
Amend Schedule 2 (departments and authorities subject to investigation) as
30
follows.
      (2)
Insert at the appropriate places—

“Commission for Rural Communities.”, and

“Natural England.”
      (3)
Omit the entries relating to the Countryside Agency and English Nature.
35

Natural Environment and Rural Communities Bill
Schedule 11 — Minor and consequential amendments
Part 1 — General
75

Agriculture Act 1967 (c. 22)
40
Omit section 24 (disclosure of information).
Countryside Act 1968 (c. 41)
41
In the heading preceding section 1, for “Agency” substitute “Council for
Wales”.
5
42
For section 1 (general functions of the Countryside Agency and the
Countryside Council for Wales) substitute—
“1
General functions of the Countryside Council for Wales
(1)
The purposes for which the Countryside Council for Wales is to
exercise the functions conferred on them by this Act are those
10
specified in section 130(2) of the Environmental Protection Act 1990.
(2)
The Council may—
(a)
make such charges for any of their services as they think fit,
(b)
accept any gift or contribution made to them for the purposes
of any of their functions, and, subject to the terms of the gift
15
or contribution and to the provisions of the National Parks
and Access to the Countryside Act 1949 (in this Act referred
to as “the Act of 1949”) and this Act, to apply it for those
purposes, and
(c)
do all such things as are incidental to, or conducive to the
20
attainment of the purposes of, any of their functions.”
43    (1)
Amend section 2 (new functions of the Agency) as follows.
      (2)
In subsection (1)—
(a)
for “Agency and the Council shall each” substitute “Council shall”,
and
25
(b)
for “Agency or Council” (in both places) substitute “Council”.
      (3)
In subsections (2) to (4)—
(a)
for “Agency and the Council” (in each place) substitute “Council”,
and
(b)
for “Agency or Council” (in each place) substitute “Council”.
30
      (4)
In subsection (5)—
(a)
for “Agency or to the Council” substitute “Council”,
(b)
for “Agency or, as the case may be, the Council” substitute “Council”,
and
(c)
in paragraph (b)—
35
(i)
for “Agency or Council” (in each place) substitute “Council”,
and
(ii)
for “provisions of section 1(2)” substitute “purposes
mentioned in section 1(1)”.
      (5)
In subsections (6) to (8)—
40
(a)
for “Agency and the Council” (in each place) substitute “Council”,
and
(b)
for “Agency or Council” (in each place) substitute “Council”.

Natural Environment and Rural Communities Bill
Schedule 11 — Minor and consequential amendments
Part 1 — General
76

      (6)
In subsection (9)—
(a)
omit “Agency and the” and “Agency or”, and
(b)
for “Exchequer grants under the Act of 1949” substitute “grants
under section 16 of the Welsh Development Agency Act 1975”.
      (7)
In the heading, for “Agency” substitute “Council”.
5
44    (1)
Amend section 4 (experimental projects or schemes) as follows.
      (2)
In subsection (1)—
(a)
for “Agency and the Council” substitute “Council”, and
(b)
for “Agency or Council” substitute “Council”.
      (3)
In subsection (3) for “Agency or, as the case may be, the Council” substitute
10
“Council”.
      (4)
In subsections (4) to (6) for “Agency or Council” (in each place) substitute
“Council”.
      (5)
In subsection (5) for “Agency or by the Council” substitute “Council”.
      (6)
In subsection (6) for “Agency or of the Council” substitute “Council”.
15
45
In section 8 (country park: sailing, boating, bathing and fishing), in
subsection (5), for “the Agency” substitute “Natural England”.
46    (1)
Amend section 12 (facilities in or near National Parks) as follows.
      (2)
In subsection (1)—
(a)
in the first sentence, omit “, at the request of, and in accordance with
20
terms laid down by, the Agency or, as the case may be, the Council,”,
and
(b)
omit the second sentence.
      (3)
In subsection (5), in the first sentence, for “the Agency” substitute “Natural
England”.
25
47
In section 13 (lakes in national parks: control of boats etc.), in
subsection (4)—
(a)
for “sections 1 and” substitute “section”, and
(b)
for “the Agency” substitute “Natural England”.
48    (1)
Amend section 15 (agreements in respect of areas of special scientific
30
interest) as follows.
      (2)
In —
(a)
subsection (1), for “the Nature Conservancy Council (in this section
referred to as “the Council”)” substitute “the Council or Scottish
Natural Heritage”, and
35
(b)
in subsections (2) and (3), after “the Council” insert “or (as the case
may be) Scottish Natural Heritage”.
      (3)
In subsection (6), in the substituted subsection (4), for “the Council”
substitute “Scottish Natural Heritage”.
      (4)
Omit subsection (6A).
40
49    (1)
Amend section 15A (compulsory purchase) as follows.

Natural Environment and Rural Communities Bill
Schedule 11 — Minor and consequential amendments
Part 1 — General
77

      (2)
For subsection (1) substitute—
“(1)
Natural England or the Council may, in the circumstances set out in
subsection (2), acquire compulsorily all or part of the land which it
appears to that body expedient to acquire for the purpose of
conserving flora, fauna, or geological or physiographical features of
5
special interest.”
      (3)
In subsection (2)—
(a)
in paragraph (a)—
(i)
for “the Nature Conservancy Council” substitute “Natural
England or (as the case may be) the Council”, and
10
(ii)
for “such an agreement as is referred to in section 15(2)”
substitute “an SSSI agreement”, and
(b)
in paragraph (b), for “such an agreement” substitute “an SSSI
agreement”.
      (4)
In subsection (4), for “the Nature Conservancy Council” substitute “Natural
15
England or the Council”.
      (5)
Omit subsection (5).
      (6)
After subsection (4) insert—
“(6)
In this section “SSSI agreement” means—
(a)
in relation to Natural England, an agreement under section 7
20
of the 2005 Act imposing, for the purpose of conserving flora,
fauna, or geological or physiographical features of special
interest, restrictions on the exercise of rights over land by
persons having an interest in the land, or
(b)
in relation to the Council such an agreement as is referred to
25
in section 15(2).”
50
In section 23 (provision of facilities by Forestry Commissioners), in
subsection (5) omit “Countryside Agency and the” and “each”.
51
In section 37 (protection for interests in countryside) for “the Agency, the
Council, English Nature” substitute “Natural England, the Council”.
30
52
In section 38 (avoidance of pollution), for “the Agency” substitute “Natural
England”.
53    (1)
Amend section 41 (power to make byelaws and related provisions about
wardens) as follows.
      (2)
For subsection (2) substitute—
35
“(2)
Natural England and the Council may make byelaws for the
preservation of order and other purposes mentioned in
subsection (1)—
(a)
in the case of Natural England, as respects land—
(i)
to which the public have rights of access under a
40
management agreement under section 7 of the
Natural Environment and Rural Communities Act
2005, or
(ii)
held by them for the purposes of an experimental
scheme under section 8 of that Act, and
45

Natural Environment and Rural Communities Bill
Schedule 11 — Minor and consequential amendments
Part 1 — General
78

(b)
in the case of the Council, as respects land—
(i)
held by them for the purposes of section 4, or
(ii)
to which the public have access under an agreement
under section 4(5)(b).”
      (3)
In subsections (5), (8) and (9), for “the Agency” substitute “Natural
5
England”.
54
In section 45 (agreements with landowners), in subsection (1), omit “the
Agency,”.
55    (1)
Amend section 46 (application of general provisions of 1949 Act) as follows.
      (2)
In subsection (2), for “references to the Nature Conservancy Council shall
10
include references to the Agency and any reference to the Nature
Conservancy Council,” substitute “the reference to the appropriate
conservation body”.
      (3)
In subsection (4), omit “experimental projects or schemes,”.
56
In section 49 (interpretation), in subsection (2), omit the definition of “the
15
Agency”.
Conservation of Seals Act 1970 (c. 30)
57    (1)
Amend section 10 (power to grant licences) as follows.
      (2)
In subsection (3), in paragraph (b), for “the Nature Conservancy Council”
substitute “the appropriate nature conservation body”.
20
      (3)
In subsection (5) for “a reference to “the Nature Conservancy Council” is a
reference to English Nature,”, substitute ““the appropriate nature
conservation body” means Natural England,”.
Superannuation Act 1972 (c. 11)
58    (1)
Amend Schedule 1 (kinds of employment to which that Act applies) as
25
follows.
      (2)
Insert at the appropriate places—

“Commission for Rural Communities.”, and

“Natural England.”
      (3)
Omit the entries relating to the Countryside Agency and English Nature.
30
Local Government Act 1974 (c. 7)
59
For section 9 (grants and loans by the Countryside Agency and the
Countryside Council for Wales) substitute—
“9
Grants and loans by the Countryside Council for Wales
(1)
In accordance with arrangements approved by the National
35
Assembly for Wales, the Countryside Council for Wales may give
financial assistance by way of grant or loan, or partly in the one way
and partly in the other, to any person in respect of expenditure

Natural Environment and Rural Communities Bill
Schedule 11 — Minor and consequential amendments
Part 1 — General
79

incurred by him in doing anything which, in the opinion of the
Council, is conducive to the attainment of any of the purposes of—
(a)
the National Parks and Access to the Countryside Act 1949,
(b)
the Countryside Act 1968, or
(c)
the Countryside and Rights of Way Act 2000.
5
(2)
On making a grant or loan under this section the Countryside
Council for Wales may impose such conditions as they think fit
including (in the case of a grant) conditions for repayment in
specified circumstances.
(3)
The exercise of the power of the Countryside Council for Wales
10
under this section is subject to any directions given to the Council by
the National Assembly for Wales.”
House of Commons Disqualification Act 1975 (c. 24)
60    (1)
Amend Schedule 1 (offices disqualifying for membership) as follows.
      (2)
In Part 2 (bodies of which all members are disqualified), insert at the
15
appropriate places—

“Commission for Rural Communities.”, and

“Natural England.”
      (3)
In Part 3 omit the entries relating to the Countryside Agency and English
Nature.
20
Race Relations Act 1976 (c. 74)
61    (1)
Amend Schedule 1A (bodies and other persons subject to general statutory
duty) as follows.
      (2)
In Part 2, after the entry relating to the Commission for Racial Equality
insert—
25

“Commission for Rural Communities.”
      (3)
In that Part, after the entry relating to the Insolvency Rules Committee
insert—

“Natural England.”
      (4)
In that Part, omit the entries relating to English Nature, the Hill Farming
30
Advisory Committee for Scotland and the Hill Farming Advisory Sub-
Committee for Wales.
      (5)
In Part 3, omit the entry relating to the Countryside Agency.
Import of Live Fish (England and Wales) Act 1980 (c. 27)
62
In section 1 (power to limit the import etc. of fish and fish eggs), in
35
subsection (2) for “English Nature” substitute “Natural England”.
Highways Act 1980 (c. 66)
63
In section 105B (procedure), in subsection (8), in paragraph (b) of the
definition of “the consultation bodies”, for “the Countryside Agency,

Natural Environment and Rural Communities Bill
Schedule 11 — Minor and consequential amendments
Part 1 — General
80

English Heritage and English Nature” substitute “Natural England and
English Heritage”.
64
In section 119D (diversion of certain highways for protection of sites of
special scientific interest), in subsection (12), in paragraph (a) of the
definition of “the appropriate conservation body”, for “English Nature”
5
substitute “Natural England”.
65
In section 119E (provisions supplementary to section 119D), in subsection
(2), at the end of paragraph (a) insert “and” and omit paragraph (c) and
“and” preceding it.
66
In section 120 (exercise of powers of making public path extinguishment and
10
diversion orders), in subsection (2)(c), for “the Countryside Agency”
substitute “Natural England”.
67
In section 135A (temporary diversion for dangerous works), in subsection
(6)(b), for “the Countryside Agency” substitute “Natural England”.
Animal Health Act 1981 (c. 22)
15
68    (1)
Amend section 21 (destruction of wild life on infection other than rabies) as
follows.
      (2)
In subsection (3), for “Nature Conservancy Council” substitute “appropriate
conservation body”.
      (3)
In subsection (9), in the definition of “Nature Conservancy Council”, for
20
““Nature Conservancy Council” means English Nature,” substitute
““appropriate conservation body” means Natural England,”.
69
In section 22 (powers of entry for section 21), in subsection (7)—
(a)
in paragraph (a), for “a Nature Conservancy Council under section
132 of the Environmental Protection Act 1990 or by Scottish Natural
25
Heritage under section 4(7) of the Natural Heritage (Scotland) Act
1991” substitute “the appropriate conservation body”, and
(b)
for “the Council” (in both places) substitute “the body”.
Wildlife and Countryside Act 1981 (c. 69)
70
In section 10 (exceptions to section 9), in subsection (5), for “Nature
30
Conservancy Council” substitute “conservation body”.
71
In section 15 (endangered species (import and export)), in subsection (2), for
“Nature Conservancy Councils” substitute “GB conservation bodies”.
72    (1)
Amend section 16 (power to grant licences) as follows.
      (2)
In subsection (4), for “section 14” substitute “sections 14 and 14ZA”.
35
      (3)
In subsections (9)(a) and (c), (10)(b) and (11), for “Nature Conservancy
Council” substitute “conservation body”.
      (4)
In subsection (10)(a)—
(a)
for “Nature Conservancy Councils” substitute “GB conservation
bodies”, and
40
(b)
for “Council” substitute “body”.
      (5)
Sub-paragraph (2) extends to England and Wales only.