Office of Public Sector Information
SCHEDULE 11 continued PART 1 continued
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—
“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 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.
62 In section 1 (power to limit the import etc. of fish and fish eggs), in subsection (2) for “English Nature” substitute “Natural England”.
63 In section 105B (procedure), in subsection (8), in paragraph (b) of the definition of “the consultation bodies”, for “the Countryside Agency, 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” 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.88
66 In section 120 (exercise of powers of making public path extinguishment and 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”.
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 ““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 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”.
70 In section 10 (exceptions to section 9), in subsection (5), for “Nature 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”.
(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
(b) for “Council” substitute “body”.
(5) Sub-paragraph (2) extends to England and Wales (including their adjacent territorial waters) only.
73 (1) In section 21 (penalties, forfeitures, etc.), in subsections (4) and (6)(b), after “section 14” insert “or 14ZA”.
(2) This paragraph extends to England and Wales (including their adjacent territorial waters) only.
74 (1) Amend section 22 (power to vary Schedules) as follows.
(2) In subsection (3)—
(a) for “jointly to him by the Nature Conservancy Councils” substitute “to him by the GB conservation bodies acting through the Joint Nature Conservation Committee in accordance with Part 2 of the 2006 Act”; and
(b) omit the words following paragraph (b).
(3) After subsection (3) insert—
“(3A) The 2006 Act means the Natural Environment and Rural Communities Act 2006.”
75 (1) Amend section 24 (functions of Nature Conservancy Council) as follows.
(2) In subsection (1)—
(a) for “Nature Conservancy Councils, acting jointly,” substitute “GB conservation bodies, acting through the Joint Nature Conservation Committee in accordance with Part 2 of the 2006 Act”, and
(b) omit the words following paragraph (b).
(3) After subsection (1) insert—
“(1A) The 2006 Act means the Natural Environment and Rural Communities Act 2006.”
(4) In subsection (4), for “Nature Conservancy Councils” substitute “GB conservation bodies”.
(5) For the heading substitute “Functions of GB conservation bodies”.
76 (1) Amend section 27 (interpretation of Part 1) as follows.
(2) In subsection (1), in paragraph (c) of the definition of “authorised person”, for “Nature Conservancy Councils” substitute “GB conservation bodies”.
(3) In that subsection, after the definition of “poultry”, insert—
““premises” includes land (including buildings), movable structures, vehicles, vessels, aircraft and other means of transport;”.
(4) For subsection (3A) substitute—
“(3A) In this Part “the GB conservation bodies” means—
(a) Natural England,
(b) the Countryside Council for Wales, and
(c) Scottish Natural Heritage,
and references to a conservation body are to be read accordingly.”
(5) Sub-paragraph (3) extends to England and Wales (including their adjacent territorial waters) only.
77 Omit section 27A (construction of references to Nature Conservancy Council) and the heading preceding it.
78 Before section 28 insert—
In relation to land in Wales, sections 28 to 34 (which relate to sites of special scientific interest and limestone pavements) have effect as if references to Natural England were references to the Countryside Council for Wales.”
79 In sections 28 to 32 (which relate to sites of special scientific interest), for “the Nature Conservancy Council” and “the Council” (or “the Council's”) substitute “Natural England” (or “Natural England's”).
80 In section 28E (duties in relation to sites of special scientific interest), in subsection (3)(b), for “or section 15 of the 1968 Act” substitute “, section 15 of the 1968 Act or section 7 of the Natural Environment and Rural Communities Act 2006”.
81 (1) Amend section 28G (statutory undertakers, etc.: general duty) as follows.
(2) In subsection (3)(e), omit “(meaning the persons referred to in section 262(1), (3) and (6) of the Town and Country Planning Act 1990)”.
(3) After subsection (3) insert—
“(4) “Statutory undertaker” means a person who is or is deemed to be a statutory undertaker for the purposes of any provision of Part 11 of the Town and Country Planning Act 1990.”
82 In section 33 (ministerial guidance as respects areas of special scientific interest), in subsection (1), for “Nature Conservancy Councils” substitute “Natural England”.
83 (1) Amend section 34 (limestone pavement orders) as follows.
(2) For subsection (1) substitute—
“(1) Natural England must notify any local planning authority of any limestone pavement in that authority’s area.”
(3) In subsection (3), for “the Council and the Agency” substitute “Natural England”.
(4) In subsection (5), omit from “or Part” to the end.
(5) In subsection (6), omit—
(a) the definition of “the Agency”, and
(b) paragraph (b) of the definition of “the relevant authority”.
84 Before section 35 insert—
In the following provisions of this Part “the appropriate conservation body” means—
(a) in relation to England, Natural England;
(b) in relation to Wales, the Countryside Council for Wales;
(c) in relation to Scotland, Scottish Natural Heritage.”
85 In sections 35 to 37, for “the Nature Conservancy Council” and “the Council” substitute “the appropriate conservation body”.
86 In section 37A (Ramsar sites—wetlands of international importance), in subsections (1)(a) and (3) for “English Nature” substitute “Natural England”.
87 In section 39 (management agreements with owners and occupiers of land), omit subsection (5)(d).
88 (1) Amend section 41 (duties of agriculture Ministers with respect to the countryside) as follows.
(2) In subsection (3), omit the words after paragraph (b).
(3) In subsection (5), for the definitions of “management agreement” and “the relevant authority” substitute—
““management agreement” means—
(a) in relation to England, an agreement under section 39 or under section 7 of the Natural Environment and Rural Communities Act 2006, and
(b) in relation to Wales, an agreement under section 39;
“the relevant authority” has the same meaning as in section 39 except that in relation to England it also includes Natural England.”
(4) Omit subsection (6).
89 Before section 42 insert—
In relation to land in Wales, sections 42 to 45 (which relate to National Parks) have effect as if references to Natural England were references to the Countryside Council for Wales.”
90 (1) Amend section 43 (maps of National Parks showing certain areas of moor or heath) as follows.
(2) In subsection (1B) —
(a) for “The Countryside Agency and the Countryside Council for Wales shall each” substitute “Natural England shall”, and
(b) for “the Agency and the Council may each” substitute “Natural England may”.
(3) In subsection (1C), for “the Agency or, as the case may be, the Council” substitute “Natural England”.
91 (1) Amend section 45 (power to vary orders designating National Park) as follows.
(2) In subsection (1)—
(a) for “the Countryside Agency” (in both places) substitute “Natural England”, and
(b) omit “in England”.
(3) Omit subsection (2).
92 (1) Amend section 47 (provisions with respect to the Countryside Agency) as follows.
(2) Omit subsection (1).
(3) In subsection (2), omit “to the Countryside Agency or”.
(4) For the heading substitute “Grants to the Countryside Council for Wales”.
93 In section 49 (extension of power to appoint wardens)—
(a) in subsection (1) for “the Countryside Agency”, and
(b) in subsection (4) for “Countryside Agency” and “the Countryside Agency”,
substitute “Natural England”.
94 (1) Amend section 50 (payments under certain agreements offered by authorities) as follows.
(2) In subsection (1), in paragraph (a), for “the Nature Conservancy Council offer to enter into an agreement under” substitute “Natural England or the Countryside Council for Wales offer to enter into a nature reserve agreement or an SSSI agreement or an agreement under”.
(3) In subsection (3), omit “(or, in Scotland, an arbiter)” and “(or, in Scotland, the arbiter's)”.
(4) In subsection (4), at the end insert—
““nature reserve agreement” has the same meaning as in Part 3 of the 1949 Act;
“SSSI agreement” has the same meaning as in section 15A of the 1968 Act.”
95 (1) Amend section 51 (powers of entry) as follows.
(2) In subsection (1)—
(a) in paragraph (c), after “enter into”, and
(b) in paragraph (h), after “terms of” in the first place where it occurs,
insert “a nature reserve agreement or an SSSI agreement or”.
(3) In subsection (2)(a), for “the Nature Conservancy Council” substitute “Natural England or the Countryside Council for Wales”.
(4) After subsection (2) insert—
“(2A) In subsection (1)—
“nature reserve agreement” has the same meaning as in Part 3 of the 1949 Act;
“SSSI agreement” has the same meaning as in section 15A of the 1968 Act.”
96 In section 52 (interpretation of Part 2), in subsection (1), omit the definition of “the Nature Conservancy Councils” and the words concerning the construction of references to “the Nature Conservancy Council”.
97 (1) Amend section 71 (general interpretation) as follows.
(2) Re-number the existing provision subsection (1).
(3) After that subsection insert—
“(2) For the avoidance of doubt it is hereby declared that in this Act “plants” include fungi and algae.”
(4) This paragraph extends only to England and Wales and to the territorial waters adjacent to England and Wales.
98 Omit Schedule 13 (provisions with respect to the Countryside Agency).
99 In section 1 (power of Secretary of State to give grants), after subsection (6) insert—
“(6A) Before making any grant under this section where the land to which subsection (1) applies is in a National Park or an area of outstanding natural beauty, the Secretary of State must consult Natural England.”
100 Omit—
(a) Article 21 (committee of investigation), and
(b) Article 22 (action following report by a committee of investigation).
101 (1) Amend Article 29 (restrictions on disclosing certain information obtained under Part 2) as follows.
(2) In paragraph (2), for the words from “this Part” to the end of the paragraph substitute “this Part on any board”.
(3) In paragraph (3), omit “or by the General Consumer Council (Northern Ireland) Order 1984”.
102 Omit section 1 (functions of Countryside Agency in relation to economic and social development of rural areas in England).
103 In section 24 (general functions of the Board), omit subsections (7) and (8) (fixing of opening hours and fees subject to Treasury consent).
104 (1) Amend section 22 (traffic regulation for special areas in the countryside) as follows.
(2) In subsection (1)(a), for sub-paragraphs (iv) and (v) substitute—
“(iv) an area in which Natural England is conducting an experimental scheme under section 8 of the Natural Environment and Rural Communities Act 2006 or the Countryside Council for Wales are conducting a scheme under section 4 of the 1968 Act,
(v) a nature reserve or an area subject to an SSSI agreement or an agreement under section 15 of the 1968 Act,”.
(3) In subsection (3), for “The Countryside Agency” substitute “Natural England”.
(4) After subsection (4) insert—
“(4A) In subsection (1)(a)(v) above, “SSSI agreement” has the same meaning as in section 15A of the Countryside Act 1968”.
105 In Schedule 3 (gifts for national purposes, etc.), for “English Nature” substitute—
“Commission for Rural Communities.
Natural England.”
106 Omit Article 7 (functions of the General Consumer Council in relation to agricultural marketing schemes).
107 In section 18 (designation and management of environmentally sensitive areas), in subsection (2)(a) for “the Countryside Agency and English Nature” substitute “Natural England”.
108 In Schedule 2 (supplementary provisions as to the scheduled works and other authorised works), in paragraph 5(3), for “English Nature” substitute “Natural England”.
109 In Schedule 3 (planning permission), in paragraph 17(4), for paragraphs (a) and (b) substitute—
“(a) where the authority consider that nature conservation or the conservation of the natural beauty and amenity of the countryside may be affected, Natural England;”.
110 (1) Amend section 4 (conservation of areas of natural beauty) as follows.
(2) In subsection (3)(a), for “English Nature” substitute “Natural England”.
(3) In subsection (4), for “Countryside Commission” substitute “Agency”.
(4) In subsection (5), for the words from “the Countryside Commission” to the end substitute “the Agency must consult such bodies appearing to it to represent interests concerned as it considers appropriate.”
111 In section 5 (notification of certain operations within the Broads), in subsection (4), for “, English Nature and the Countryside Commission” substitute “and Natural England”.
112 In—
(a) section 6 (byelaws: general), in subsection (4),
(b) section 15 (grants from Secretary of State), in subsection (2), and
(c) Schedule 1 (the Broads Authority), in paragraph 6,
for “the Countryside Commission” substitute “Natural England”.
113 In Schedule 2 (variation of area treated as the broads)—
(a) in paragraph 3, for “the Countryside Commission”, and
(b) in paragraphs 4, 5, 6, 7 and 10, for “the Commission” (in each place),
substitute “Natural England”.
114 In Schedule 3 (functions of Authority), in paragraph 33(1), for paragraphs (b) and (c) substitute—
“(b) Natural England;”.
115 In Schedule 9 (preservation of amenity and fisheries), in paragraph 2(2)—
(a) omit “with the Countryside Agency, and”, and
(b) for “English Nature” substitute “Natural England”.
116 In section 36 (grant of waste management licenses), in subsection (7), for “English Nature” substitute “Natural England”.
117 (1) For section 128 (creation and constitution of new Councils) substitute—
(1) There shall be a council to be called the Countryside Council for Wales (in this Part referred to as “the Council”).
(2) The Council shall have not less than 8 nor more than 12 members and those members shall be appointed by the National Assembly for Wales.
(3) The National Assembly for Wales may by order made by statutory instrument amend subsection (2) above so as to substitute for the number for the time being specified as the maximum membership of the Council such other number as the Assembly thinks appropriate.
(4) Schedule 6 has effect with respect to the constitution and proceedings of the Council.”
118 For section 129 (grants by Secretary of State to new Councils) substitute—
(1) The National Assembly for Wales may make to the Council grants of such amounts as the Assembly thinks fit.
(2) A grant under this section may be made subject to such conditions (including in particular conditions as to the use of the money for the purposes of the Joint Nature Conservation Committee) as the Assembly may think fit.”
119 In section 130 (countryside functions of Welsh Council)—
(a) in subsection (1), omit “, in place of the Commission established under section 1 of the National Parks and Access to the Countryside Act 1949 (so far as concerns Wales),”, and
(b) in subsection (4), omit “and the Countryside Agency” and “respective”.
120 (1) Amend section 131 (nature conservation functions: preliminary) as follows.
(2) For subsection (1) substitute—
“(1) For the purpose of nature conservation and fostering the understanding of nature conservation, the Council shall have the functions conferred on them by this Part and Part 2 of the Natural Environment and Rural Communities Act 2006.”
(3) In subsections (2) and (3), for “the Councils” substitute “the Council”.
(4) For subsection (4) substitute—
“(4) The National Assembly for Wales may give the Council general or specific directions with regard to the discharge of any of their nature conservation functions under this Part.”
(5) Omit subsection (5).
121 (1) Amend section 132 (general functions of the Councils) as follows.
(2) In subsection (1)—
(a) for “The Councils shall each” substitute “The Council shall”, and
(b) omit the words from “and the Councils shall” to the end.
(3) In subsection (2), for “The Councils shall each” substitute “The Council shall”.
(4) Omit subsection (3).
(5) In the heading, for “the Councils” substitute “the Council”.
122 Omit section 133 (special functions of the Councils).
123 (1) Amend section 134 (grants and loans by Councils) as follows.
(2) In subsection (1)—
(a) for “The Councils may each” substitute “The Council may”, and
(b) for “the Secretary of State” substitute “the National Assembly for Wales”.
(3) Omit subsection (2).
(4) In subsection (3), for “a Council” substitute “the Council”.
(5) In subsection (4), for “The Councils” substitute “The Council”.
(6) In the heading, for “the Councils” substitute “the Council”.
124 Omit sections 135 to 138 (dissolution of Nature Conservancy Council etc.).
125 In section 161 (regulations, orders and directions), in subsection (4)(b), after “under section” insert “128(3)”.
126 (1) Amend Schedule 6 as follows.
(2) Omit paragraphs 1 and 15(1).
(3) For the heading, substitute “The Countryside Council for Wales: Constitution.”
127 Omit Schedules 7 (the Joint Nature Conservation Committee) and 10 (transfer schemes and staff of existing councils).
128 (1) Amend section 8 (exceptions for persons licensed by the Nature Conservancy Council for England or the Countryside Council for Wales) as follows.
(2) In subsections (1) and (4), for “English Nature” substitute “Natural England”.
(3) In the heading, for “the Nature Conservancy Council for England” substitute “Natural England”.
129 (1) Amend section 4 (environmental duties with respect to sites of special interest) as follows.
(2) In subsection (1)—
(a) for “English Nature” substitute “Natural England”, and
(b) for “that Council” substitute “Natural England or (as the case may be) the Council”.
(3) In subsection (4), for “English Nature” substitute “Natural England”.
130 In section 5 (codes of practice with respect to environmental and recreational duties), in subsection (4)(b), for “the Countryside Agency, English Nature” substitute “Natural England”.
131 (1) Amend section 156 (restriction on disposals of land) as follows.
(2) In subsection (4)(c), for sub-paragraphs (i) and (ii) substitute—
“(i) consult with Natural England (as respects land in England) or the Countryside Council for Wales (as respects land in Wales); and
(ii) enter into such management agreements or such covenants under subsection (6) below as the Secretary of State may determine;”.
(3) In subsection (4)(d)—
(a) for “the Countryside Agency” substitute “Natural England”, and
(b) for “that Agency or Council” substitute “Natural England or the Countryside Council for Wales”.
(4) In subsection (8), omit “and” preceding the definition of “the Broads” and after that definition insert—
““management agreement” means—
(a) in relation to land in England, an agreement under section 39 of the Wildlife and Countryside Act 1981 or section 7 of the Natural Environment and Rural Communities Act 2006;
(b) in relation to land in Wales, an agreement under section 39 of the Wildlife and Countryside Act 1981.”
132 In Schedule 1A (the Water Services Regulation Authority), omit paragraph 11.
Natural Environment and Rural Communities Act 2006