Natural Environment and Rural Communities Act 2006

Directions C HAPTER 3 S UPPLEMENTARY Transfer schemes etc. 26 Transfers on dissolution of English Nature and Countryside Agency 27 Continuing powers to make transfer schemes 28 Transfer schemes: supplementary 29 Interim arrangements Interpretation 30 Interpretation P ART 2 N ATURE CONSERVATION IN THE UK Joint Nature Conservation Committee etc.<br><br> 31 Joint Nature Conservation Committee 32 UK conservation bodies Natural Environment and Rural Communities Act 2006 (c. 16 ) iii 33 Purpose of functions under this Part Coordinated functions 34 Functions of national or international significance 35 Advice from joint committee to UK conservation body 36 GB functions with respect to wildlife 37 UK conservation bodies: incidental powers for UK purposes, etc. Directions 38 Directions Interpretation 39 Interpretation P ART 3 W ILDLIFE ETC .<br><br> Biodiversity 40 Duty to conserve biodiversity 41 Biodiversity lists and action (England) 42 Biodiversity lists and action (Wales) Pesticides harmful to wildlife 43 Possession of pesticides harmful to wildlife 44 Enforcement powers in connection with pesticides 45 Codes of practice 46 Interpretation Protection of birds 47 Protection for nests of certain birds which re-use their nests 48 Birds released into the wild as part of re-population programme 49 Registration etc. of certain captive birds Invasive non-native species 50 Sale etc. of invasive non-native species 51 Codes of practice in connection with invasive non-native species Enforcement etc.<br><br> of provisions relating to wildlife 52 Enforcement powers in connection with wildlife 53 Wildlife offences: time limits for proceedings 54 Application of Part 1 of 1981 Act to Crown Natural Environment and Rural Communities Act 2006 (c. 16 ) iv P ART 4 S ITES OF SPECIAL SCIENTIFIC INTEREST 55 Offences in connection with SSSIs 56 Denotification 57 Effect of failure to serve certain notices in connection with SSSIs 58 Notices and signs relating to SSSIs P ART 5 N ATIONAL P ARKS AND THE B ROADS 59 Criteria for designating National Parks 60 Procedure for orders designating National Parks 61 Members of National Park authorities 62 Expenditure by National Parks authorities 63 Notification of agricultural operations on moor and heath in National Parks 64 Functions of Broads Authority and others in relation to the Broads 65 Emergency financial assistance P ART 6 R IGHTS OF WAY Rights of way and mechanically propelled vehicles 66 Restriction on creation of new public rights of way 67 Ending of certain existing unrecorded public rights of way 68 Presumed dedication of restricted byways and use by pedal cycles etc. 69 Presumed dedication and applications under section 53(5) of the 1981 Act 70 Supplementary 71 Interpretation Traffic regulation in National Parks 72 Traffic regulation on byways etc.<br><br> in National Parks P ART 7 I NLAND WATERWAYS 73 Inland Waterways Advisory Council 74 Constitution of Council 75 Term of office, procedure etc. 76 Functions of Council: England and Wales 77 Functions of Council: Scotland Natural Environment and Rural Communities Act 2006 (c. 16 ) v P ART 8 F LEXIBLE ADMINISTRATIVE ARRANGEMENTS C HAPTER 1 A GREEMENTS WITH DESIGNATED BODIES Powers to enter into agreements 78 Agreement between Secretary of State and designated body 79 Agreement between designated bodies 80 Designated bodies 81 Reserved functions 82 Maximum duration of agreement Supplementary 83 Particular powers 84 Agreements with local authorities 85 Supplementary provisions with respect to agreements 86 Interpretation C HAPTER 2 P OWERS TO REFORM AGRICULTURAL ETC .<br><br> BODIES Power to create boards 87 Power to establish boards 88 Permissible purposes of boards 89 Permissible functions of boards 90 Ancillary provisions Power to dissolve existing levy bodies and boards 91 Power to dissolve existing levy bodies 92 Power to dissolve board 93 Dissolution: supplementary Powers of appropriate authority 94 Grants 95 Directions Supplementary 96 cThe appropriate authority d 97 Orders: procedure etc. Natural Environment and Rural Communities Act 2006 (c. 16 ) vi C HAPTER 3 F INANCIAL ASSISTANCE 98 Financial assistance P ART 9 M ISCELLANEOUS 99 Natural beauty in the countryside 100 Byelaws relating to land drainage 101 Abolition of certain agricultural etc.<br><br> committees P ART 10 F INAL PROVISIONS 102 Crown land 103 Wales 104 Power to make further provision 105 Minor and consequential amendments etc. 106 Financial provisions 107 Commencement 108 Extent 109 Short title Schedule 1 4 Natural England Schedule 2 4 Commission for Rural Communities Schedule 3 4 Transfer schemes Schedule 4 4 Joint Nature Conservation Committee Schedule 5 4 Enforcement powers in connection with wildlife Part 1 4 Amendments of the Wildlife and Countryside Act 1981 Part 2 4 Powers of wildlife inspectors extended to certain other Acts Part 3 4 Codes of practice Part 4 4 Constable 9s search warrant power extended to certain other Acts Schedule 6 4 Wildlife offences: time limits for proceedings Schedule 7 4 Designated bodies Schedule 8 4 Agricultural etc. boards Schedule 9 4 Functions which may be assigned to boards Schedule 10 4 Ancillary provisions relating to boards Schedule 11 4 Minor and consequential amendments Part 1 4 General Part 2 4 Inland waterways Schedule 12 4 Repeals and revocations ELIZABETH II c.<br><br> 16 Natural Environment and Rural Communities Act 2006 2006 CHAPTER 16 An Act to make provision about bodies concerned with the natural environment and rural communities; to make provision in connection with wildlife, sites of special scientific interest, National Parks and the Broads; to amend the law relating to rights of way; to make provision as to the Inland Waterways Amenity Advisory Council; to provide for flexible administrative arrangements in connection with functions relating to the environment and rural affairs and certain other functions; and for connected purposes. [30th March 2006] E IT ENACTED by the Queen 9s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: 4 P ART 1 N ATURAL E NGLAND AND THE C OMMISSION FOR R URAL C OMMUNITIES C HAPTER 1 N ATURAL E NGLAND Constitution and general purpose 1 Constitution (1) There is to be a body known as Natural England. (2) Natural England is to have the functions conferred on it by or under this Act or any other enactment.<br><br> Natural Environment and Rural Communities Act 2006 (c. 16 ) Part 1 4 Natural England and the Commission for Rural Communities Chapter 1 4 Natural England 2 (3) Except where otherwise expressly provided, Natural England 9s functions are exercisable in relation to England only. (4) English Nature and the Countryside Agency are dissolved and their functions are (subject to the provisions of this Act) transferred to Natural England.<br><br> (5) Schedule 1 contains provisions about the constitution of Natural England and related matters. 2 General purpose (1) Natural England 9s general purpose is to ensure that the natural environment is conserved, enhanced and managed for the benefit of present and future generations, thereby contributing to sustainable development. (2) Natural England 9s general purpose includes 4 (a) promoting nature conservation and protecting biodiversity, (b) conserving and enhancing the landscape, (c) securing the provision and improvement of facilities for the study, understanding and enjoyment of the natural environment, (d) promoting access to the countryside and open spaces and encouraging open-air recreation, and (e) contributing in other ways to social and economic well-being through management of the natural environment.<br><br> (3) The purpose in subsection (2)(e) may, in particular, be carried out by working with local communities. Advisory functions 3 Review and research (1) Natural England must keep under review all matters relating to its general purpose. (2) When reviewing any matter, Natural England must consult such bodies as appear to it to have an interest in the matter.<br><br> (3) Natural England may 4 (a) undertake research into any matter relating to its general purpose, or (b) commission or support (by financial means or otherwise) research into any such matter. (4) In discharging its functions in monitoring nature conservation, carrying out research or analysing the resultant information, Natural England must have regard to common standards established under section 34(2)(c). 4 Advice (1) Natural England must, at the request of a public authority, give advice to that authority on any matter relating to Natural England 9s general purpose.<br><br> (2) Subsection (3) applies if Natural England has reason to believe that advice given under subsection (1) has been rejected. Natural Environment and Rural Communities Act 2006 (c. 16 ) Part 1 4 Natural England and the Commission for Rural Communities Chapter 1 4 Natural England 3 (3) At the request of Natural England, the public authority must inform Natural England in writing whether the advice has been rejected and, if so, why.<br><br> (4) Natural England may give advice to any person on any matter relating to its general purpose 4 (a) at the request of that person, or (b) if Natural England thinks it appropriate to do so, on its own initiative. (5) The advice that may be given under this section includes, in relation to any power to make byelaws, recommendations as to the matters in respect of which byelaws should be made. General implementation powers 5 Carrying out proposals etc.<br><br> Natural England may 4 (a) carry out proposals which appear to it to further its general purpose, or (b) assist in, coordinate or promote the carrying out of such proposals by others. 6 Financial and other assistance (1) Natural England may give financial assistance to any person, if doing so appears to it to further its general purpose. (2) Financial assistance under this section may be given in any form, and may in particular be given by way of a grant, a loan or a guarantee.<br><br> (3) Financial assistance under this section may be given subject to conditions, including (in the case of a grant) conditions for repayment in specified circumstances. (4) Natural England may, if doing so appears to it to further its general purpose, provide assistance to any person by making available goods or equipment free of charge or at a reduced cost. 7 Management agreements (1) Natural England may make an agreement (a cmanagement agreement d) with a person who has an interest in land about the management or use of the land, if doing so appears to it to further its general purpose.<br><br> (2) A management agreement may, in particular 4 (a) impose on the person who has an interest in the land obligations in respect of the use of the land; (b) impose on the person who has an interest in the land restrictions on the exercise of rights over the land; (c) provide for the carrying out of such work as may be expedient for the purposes of the agreement by any person or persons; (d) provide for any matter for which a management scheme relating to a site of special scientific interest provides (or could provide); (e) provide for the making of payments by either party to the other party or to any other person; Natural Environment and Rural Communities Act 2006 (c. 16 ) Part 1 4 Natural England and the Commission for Rural Communities Chapter 1 4 Natural England 4 (f) contain incidental and consequential provision. (3) A management agreement is, unless the agreement otherwise provides 4 (a) binding on persons deriving title under or from the person with whom Natural England makes the agreement, and (b) enforceable by Natural England against those persons.<br><br> (4) Schedule 2 to the Forestry Act 1967 (c. 10) (power for tenant for life and others to enter into forestry dedication covenants) applies to management agreements as it applies to forestry dedication covenants. (5) For the purposes of any enactment or rule of law as to the circumstances in which the dedication of a highway or the grant of an easement may be presumed, or may be established by prescription, the use by the public or by any person of a way across land at any time while it is the subject of a management agreement is to be disregarded.<br><br> (6) cInterest in land d has the same meaning as in the National Parks and Access to the Countryside Act 1949 (c. 97). (7) cManagement scheme d and csite of special scientific interest d have the same meaning as in Part 2 of the Wildlife and Countryside Act 1981 (c.<br><br> 69). 8 Experimental schemes (1) Natural England may 4 (a) make and carry out experimental schemes designed to establish ways in which its general purpose might be furthered, or (b) promote the making and carrying out of such schemes. (2) A scheme is experimental if it involves 4 (a) the development or application of new methods, concepts or techniques, or (b) the testing or further development of existing methods, concepts or techniques.<br><br> (3) Before making an experimental scheme, Natural England must consult such persons as appear to it to have an interest in the subject matter of the scheme. Other functions 9 Information services etc. (1) Natural England may 4 (a) publish documents or provide information about any matter relating to its general purpose, or (b) assist in the provision of such publications or information.<br><br> (2) Nothing in any other enactment imposing a duty or conferring a power on Natural England 4 (a) to publish or assist in the publication of documents of a particular kind, or (b) to provide or assist in the provision of information of a particular kind, is to be read as limiting the power conferred by subsection (1). Natural Environment and Rural Communities Act 2006 (c. 16 ) Part 1 4 Natural England and the Commission for Rural Communities Chapter 1 4 Natural England 5 10 Consultancy services and training (1) Natural England may, if the conditions in subsection (2) are met, place the services of its officers or employees, or of any consultants it has engaged, at the disposal of any person.<br><br> (2) The conditions are that 4 (a) the person has requested Natural England to act under subsection (1), and (b) Natural England thinks that the request concerns a matter relating to its general purpose and presents special problems or requires special professional or technical skill. (3) Natural England may provide training in relation to any matters in respect of which it has functions. 11 Power to charge for services and licences (1) Natural England may, with the consent of the Secretary of State, make such charges for its services as appear to it to be reasonable.<br><br> (2) cServices d includes, in particular, anything done under 4 (a) section 4(1) or (4)(a) (advice); (b) section 9 (information services etc.); (c) section 10 (consultancy services). (3) The Secretary of State may by order make provision requiring charges to be paid in respect of, and for the purpose of meeting the cost of, issuing licences to which this subsection applies. (4) Subsection (3) applies to licences issued by Natural England under or by virtue of any enactment, other than licences for which charges are payable apart from this section.<br><br> (5) An order under subsection (3) may make provision as to 4 (a) exemptions from or reductions in charges; (b) remission of charges in whole or in part. (6) The power to make an order under subsection (3) is exercisable by statutory instrument. (7) A statutory instrument containing an order under subsection (3) is subject to annulment in pursuance of a resolution of either House of Parliament.<br><br> 12 Power to bring criminal proceedings (1) Natural England may institute criminal proceedings. (2) A person who is authorised by Natural England to prosecute on its behalf in proceedings before a magistrates 9 court is entitled to prosecute in such proceedings even though he is not a barrister or solicitor. 13 Incidental powers (1) Natural England may do anything that appears to it to be conducive or incidental to the discharge of its functions.<br><br> Natural Environment and Rural Communities Act 2006 (c. 16 ) Part 1 4 Natural England and the Commission for Rural Communities Chapter 1 4 Natural England 6 (2) In particular, Natural England may 4 (a) enter into agreements; (b) acquire or dispose of property; (c) borrow money; (d) subject to the approval of the Secretary of State, form bodies corporate or acquire or dispose of interests in bodies corporate; (e) accept gifts; (f) invest money. Powers of Secretary of State 14 Grants (1) The Secretary of State may make grants to Natural England of such amounts as the Secretary of State thinks fit.<br><br> (2) A grant under this section may be made subject to such conditions as the Secretary of State thinks fit. 15 Guidance (1) The Secretary of State must give Natural England guidance as to the exercise of any functions of Natural England that relate to or affect regional planning and associated matters. (2) The Secretary of State may give Natural England guidance as to the exercise of its other functions.<br><br> (3) Before giving guidance under this section the Secretary of State must consult 4 (a) Natural England, (b) the Environment Agency, and (c) such other persons as the Secretary of State thinks appropriate. (4) The Secretary of State must publish any guidance given under this section as soon as is reasonably practicable after giving the guidance. (5) The power to give guidance under this section includes power to vary or revoke it.<br><br> (6) In discharging its functions, Natural England must have regard to guidance given under this section. 16 Directions (1) The Secretary of State may give Natural England general or specific directions as to the exercise of its functions. (2) Subsection (1) does not apply to functions of Natural England that are exercisable through the Joint Nature Conservation Committee.<br><br> (3) The Secretary of State must publish any directions given under this section as soon as is reasonably practicable after giving the directions. (4) The power to give directions under this section includes power to vary or revoke the directions. Natural Environment and Rural Communities Act 2006 (c.<br><br> 16 ) Part 1 4 Natural England and the Commission for Rural Communities Chapter 1 4 Natural England 7 (5) Natural England must comply with any directions given under this section. C HAPTER 2 C OMMISSION FOR R URAL C OMMUNITIES The Commission and its general purpose 17 Commission for Rural Communities (1) There is to be a body known as the Commission for Rural Communities. (2) Schedule 2 contains provisions about the constitution of the Commission and related matters.<br><br> 18 Commission 9s general purpose (1) The Commission 9s general purpose is to promote 4 (a) awareness among relevant persons and the public of rural needs, and (b) meeting rural needs in ways that contribute to sustainable development. (2) For the purposes of this Chapter crelevant person d means 4 (a) a public authority, or (b) a body which appears to the Commission to be concerned with any aspect of rural needs. (3) For the purposes of this Chapter crural needs d means the social and economic needs of persons in rural areas in England.<br><br> (4) In determining the social and economic needs of persons in those areas, particular regard is to be had to the needs of 4 (a) persons suffering from social disadvantage, and (b) areas suffering from economic under-performance. Functions 19 Representation, advice and monitoring The Commission must take such steps as appear to it to be appropriate for 4 (a) representing rural needs to relevant persons, (b) providing relevant persons with information and advice about issues connected with rural needs or ways of meeting them, and (c) monitoring, and making reports about, the way in which relevant persons 9 policies are developed, adopted and implemented (by rural proofing or otherwise) and the extent to which those policies are meeting rural needs. 20 Research The Commission may 4 (a) undertake research into any matter relating to its general purpose, or Natural Environment and Rural Communities Act 2006 (c.<br><br> 16 ) Part 1 4 Natural England and the Commission for Rural Communities Chapter 2 4 Commission for Rural Communities 8 (b) commission or support (by financial means or otherwise) research into any such matter. 21 Information services etc. The Commission may 4 (a) publish documents or provide information about any matter relating to its general purpose, or (b) assist in the provision of such publications or information.<br><br> 22 Power to charge for services (1) The Commission may, with the consent of the Secretary of State, make such charges for its services as appear to it to be reasonable. (2) cServices d includes, in particular, anything done under section 21. 23 Incidental powers (1) The Commission may do anything that appears to it to be conducive or incidental to the discharge of its functions.<br><br> (2) In particular, the Commission may 4 (a) enter into agreements; (b) acquire or dispose of property; (c) borrow money; (d) accept gifts; (e) invest money. Powers of Secretary of State 24 Grants (1) The Secretary of State may make grants to the Commission of such amounts as the Secretary of State thinks fit. (2) A grant under this section may be made subject to such conditions as the Secretary of State thinks fit.<br><br> 25 Directions (1) The Secretary of State may give the Commission general or specific directions as to the exercise of its functions. (2) The Secretary of State must publish any directions given under this section as soon as is reasonably practicable after giving the directions. (3) The power to give directions under this section includes power to vary or revoke the directions.<br><br> (4) The Commission must comply with any directions given under this section. Natural Environment and Rural Communities Act 2006 (c. 16 ) Part 1 4 Natural England and the Commission for Rural Communities Chapter 3 4 Supplementary 9 C HAPTER 3 S UPPLEMENTARY Transfer schemes etc.<br><br> 26 Transfers on dissolution of English Nature and Countryside Agency (1) The power conferred by subsection (2) is exercisable in connection with the dissolution of English Nature and the Countryside Agency. (2) The Secretary of State may make one or more schemes for the transfer of designated property, rights or liabilities of English Nature or the Countryside Agency to 4 (a) Natural England, (b) the Commission, (c) a regional development agency, or (d) a Minister of the Crown. (3) On the transfer date, the designated property, rights or liabilities are transferred and vest in accordance with the scheme.<br><br> (4) A regional development agency is an agency established under section 1 of the Regional Development Agencies Act 1998 (c. 45). 27 Continuing powers to make transfer schemes (1) The powers conferred by this section are exercisable in connection with the efficient management for public purposes of any property, rights or liabilities.<br><br> (2) The Secretary of State may at any time make one or more schemes for the transfer of designated property, rights or liabilities of a Minister of the Crown to 4 (a) Natural England, (b) the Commission, or (c) a person acting on behalf of Natural England and the Commission. (3) The Secretary of State may at any time make one or more schemes for the transfer of designated property, rights or liabilities of 4 (a) Natural England, or (b) the Commission, to a Minister of the Crown. (4) On the transfer date, the designated property, rights or liabilities are transferred and vest in accordance with the scheme.<br><br> 28 Transfer schemes: supplementary (1) Schedule 3 contains further provisions relating to the making of schemes under sections 26 and 27. (2) In sections 26 and 27 and Schedule 3 4 cdesignated d in relation to a scheme, means specified in or determined in accordance with the scheme; Natural Environment and Rural Communities Act 2006 (c. 16 ) Part 1 4 Natural England and the Commission for Rural Communities Chapter 3 4 Supplementary 10 cthe transfer date d means a date specified by a scheme as the date on which the scheme is to have effect.<br><br> 29 Interim arrangements The Secretary of State may by written notice require English Nature or the Countryside Agency to provide staff, premises and other facilities on a temporary basis to 4 (a) Natural England, or (b) the Commission. Interpretation 30 Interpretation (1) In this Part 4 cthe Commission d means the Commission for Rural Communities; cMinister of the Crown d has the same meaning as in the Ministers of the Crown Act 1975 (c. 26); cnature conservation d means the conservation of flora, fauna or geological or physiographical features; cresearch d includes inquiries and investigations.<br><br> (2) For the purposes of this Part, a public authority is any of the following 4 (a) a Minister of the Crown; (b) a public body (including a government department, a local authority and a local planning authority); (c) a person holding an office 4 (i) under the Crown, (ii) created or continued in existence by a public general Act, or (iii) the remuneration in respect of which is paid out of money provided by Parliament; (d) a statutory undertaker. (3) In subsection (2) 4 clocal authority d means a county council, a district council, a parish council, a London borough council, the Common Council of the City of London or the Council of the Isles of Scilly; clocal planning authority d has the same meaning as in the Town and Country Planning Act 1990 (c. 8); cstatutory undertaker d 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.<br><br> Natural Environment and Rural Communities Act 2006 (c. 16 ) Part 2 4 Nature conservation in the UK 11 P ART 2 N ATURE CONSERVATION IN THE UK Joint Nature Conservation Committee etc. 31 Joint Nature Conservation Committee The Joint Nature Conservation Committee 4 (a) is to continue in existence, but (b) is to be re-constituted in accordance with Schedule 4.<br><br> 32 UK conservation bodies (1) In this Part cthe UK conservation bodies d means 4 (a) for England, Natural England; (b) for Wales, the Countryside Council for Wales; (c) for Scotland, Scottish Natural Heritage; (d) for Northern Ireland, the Council for Nature Conservation and the Countryside. (2) In this Part cthe GB conservation bodies d means the bodies mentioned in subsection (1)(a) to (c). 33 Purpose of functions under this Part (1) The UK conservation bodies and the joint committee have the functions conferred on them by this Part for the purposes of 4 (a) nature conservation, and (b) fostering the understanding of nature conservation.<br><br> (2) Each of them must, in discharging their functions under this Part, have regard to 4 (a) actual or possible ecological changes, and (b) the desirability of contributing to sustainable development. Coordinated functions 34 Functions of national or international significance (1) The UK conservation bodies have the functions described in subsection (2), but those functions may be discharged only through the joint committee. (2) The functions are 4 (a) providing advice to the appropriate authorities on the development and implementation of policies for or affecting any nature conservation matter which 4 (i) arises throughout the United Kingdom and raises issues common to England, Wales, Scotland and Northern Ireland, (ii) arises in one or more (but not all) of those places and affects the interests of the United Kingdom as a whole, or (iii) arises outside the United Kingdom; Natural Environment and Rural Communities Act 2006 (c.<br><br> 16 ) Part 2 4 Nature conservation in the UK 12 (b) providing advice to any persons and disseminating knowledge about any matter falling within paragraph (a)(i), (ii) or (iii); (c) establishing common standards throughout the United Kingdom for the monitoring of nature conservation and for research into nature conservation and the analysis of the resulting information; (d) commissioning or supporting (whether by financial means or otherwise) research which the joint committee thinks is relevant to any matter mentioned in paragraphs (a) to (c). (3) cThe appropriate authorities d means 4 (a) the Secretary of State (or any other Minister of the Crown), (b) the National Assembly for Wales, (c) the Scottish Ministers, and (d) the relevant Northern Ireland department. 35 Advice from joint committee to UK conservation body (1) The joint committee may give advice or information to any of the UK conservation bodies on any matter which 4 (a) is connected with the functions of that UK conservation body, and (b) in the opinion of the joint committee 4 (i) arises throughout the United Kingdom and raises issues common to England, Wales, Scotland and Northern Ireland, (ii) arises in one or more (but not all) of those places and affects the interests of the United Kingdom as a whole, or (iii) arises outside the United Kingdom.<br><br> (2) In discharging their functions relating to nature conservation, the UK conservation bodies must have regard to any advice given to them under subsection (1). 36 GB functions with respect to wildlife (1) The GB conservation bodies have the functions described in subsection (2), but those functions may be discharged only through the joint committee. (2) The functions are 4 (a) those under sections 22(3) and 24(1) of the 1981 Act (listing of protected animals and plants); (b) commissioning or supporting (whether by financial means or otherwise) research which the joint committee thinks is relevant to those functions.<br><br> (3) cThe 1981 Act d means the Wildlife and Countryside Act 1981 (c. 69). 37 UK conservation bodies: incidental powers for UK purposes, etc.<br><br> (1) Each of the UK conservation bodies may do anything that appears to it to be conducive or incidental to its functions under this Part. (2) In particular each of them may for the purposes of its functions under this Part 4 (a) acquire or dispose of property; (b) accept gifts; Natural Environment and Rural Communities Act 2006 (c. 16 ) Part 2 4 Nature conservation in the UK 13 (c) undertake research directly related to those functions if it appears appropriate to do so.<br><br> (3) Nothing in any of the enactments concerning the functions of the UK conservation bodies prevents any of them 4 (a) if requested to do so by any of the others, from giving advice or information to the other, or (b) from giving advice or information to the joint committee. (4) cEnactment d includes an Act of the Scottish Parliament and Northern Ireland legislation. Directions 38 Directions (1) The Secretary of State may give the joint committee general or specific directions as to the discharge of any function under section 34 or 35 (but not as to the discharge of a function under section 36).<br><br> (2) Before giving any directions under this section, the Secretary of State must consult the National Assembly for Wales, the Scottish Ministers and the relevant Northern Ireland department. (3) The Secretary of State must publish any directions given under this section as soon as is reasonably practicable after giving the directions. (4) The power to give directions under this section includes power to vary or revoke the directions.<br><br> (5) The joint committee must comply with any directions given under this section. Interpretation 39 Interpretation In this Part 4 cthe joint committee d means the Joint Nature Conservation Committee; cMinister of the Crown d has the same meaning as in the Ministers of the Crown Act 1975 (c. 26); cnature conservation d means the conservation of flora, fauna or geological or physiographical features; cthe relevant Northern Ireland department d means the Department of the Environment in Northern Ireland; cresearch d includes inquiries and investigations.<br><br> Natural Environment and Rural Communities Act 2006 (c. 16 ) Part 3 4 Wildlife etc. 14 P ART 3 W ILDLIFE ETC .<br><br> Biodiversity 40 Duty to conserve biodiversity (1) Every public authority must, in exercising its functions, have regard, so far as is consistent with the proper exercise of those functions, to the purpose of conserving biodiversity. (2) In complying with subsection (1), a Minister of the Crown, government department or the National Assembly for Wales must in particular have regard to the United Nations Environmental Programme Convention on Biological Diversity of 1992. (3) Conserving biodiversity includes, in relation to a living organism or type of habitat, restoring or enhancing a population or habitat.<br><br> (4) cPublic authority d means any of the following 4 (a) a Minister of the Crown; (b) the National Assembly for Wales; (c) a public body (including a government department, a local authority and a local planning authority); (d) a person holding an office 4 (i) under the Crown, (ii) created or continued in existence by a public general Act, or (iii) the remuneration in respect of which is paid out of money provided by Parliament; (e) a statutory undertaker. (5) In this section 4 clocal authority d means 4 (a) in relation to England, a county council, a district council, a parish council, a London borough council, the Common Council of the City of London or the Council of the Isles of Scilly; (b) in relation to Wales, a county council, a county borough council or a community council; clocal planning authority d has the same meaning as in the Town and Country Planning Act 1990 (c. 8); cMinister of the Crown d has the same meaning as in the Ministers of the Crown Act 1975 (c.<br><br> 26); cstatutory undertaker d 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. 41 Biodiversity lists and action (England) (1) The Secretary of State must, as respects England, publish a list of the living organisms and types of habitat which in the Secretary of State 9s opinion are of principal importance for the purpose of conserving biodiversity. Natural Environment and Rural Communities Act 2006 (c.<br><br> 16 ) Part 3 4 Wildlife etc. 15 (2) Before publishing any list the Secretary of State must consult Natural England as to the living organisms or types of habitat to be included in the list. (3) Without prejudice to section 40(1) and (2), the Secretary of State must 4 (a) take such steps as appear to the Secretary of State to be reasonably practicable to further the conservation of the living organisms and types of habitat included in any list published under this section, or (b) promote the taking by others of such steps.<br><br> (4) The Secretary of State must, in consultation with Natural England 4 (a) keep under review any list published under this section, (b) make such revisions of any such list as appear to the Secretary of State appropriate, and (c) publish any list so revised as soon as is reasonably practicable after revising it. 42 Biodiversity lists and action (Wales) (1) The National Assembly for Wales must, as respects Wales, publish a list of the living organisms and types of habitat which in the Assembly 9s opinion are of principal importance for the purpose of conserving biodiversity. (2) Before publishing any list the Assembly must consult the Countryside Council for Wales as to the living organisms or types of habitat to be included in the list.<br><br> (3) Without prejudice to section 40(1) and (2), the Assembly must 4 (a) take such steps as appear to the Assembly to be reasonably practicable to further the conservation of the living organisms and types of habitat included in any list published under this section, or (b) promote the taking by others of such steps. (4) The Assembly must, in consultation with the Countryside Council for Wales 4 (a) keep under review any list published under this section, (b) make such revisions of any such list as appear to the Assembly appropriate, and (c) publish any list so revised as soon as is reasonably practicable after revising it. Pesticides harmful to wildlife 43 Possession of pesticides harmful to wildlife (1) A person is guilty of an offence if he has in his possession a pesticide containing an ingredient that is prescribed for the purposes of this section by an order made by the Secretary of State.<br><br> (2) The Secretary of State may not make an order under subsection (1) unless he is satisfied that it is necessary or expedient to do so in the interests of protecting wild birds or wild animals from harm. (3) It is a defence for a person charged with an offence under this section to prove that his possession of the pesticide was for the purposes of doing anything in accordance with 4 (a) provision made by or under the Poisons Act 1972 (c. 66); Natural Environment and Rural Communities Act 2006 (c.<br><br> 16 ) Part 3 4 Wildlife etc. 16 (b) regulations made under section 16(2) of the Food and Environment Protection Act 1985 (c. 48); (c) the Biocidal Products Regulations 2001 (S.I.<br><br> 2001/880) or any regulations replacing those regulations; (d) the Plant Protection Products Regulations 2005 (S.I. 2005/1435) or any regulations replacing those regulations. (4) A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding 51 weeks or to a fine not exceeding level 5 on the standard scale (or both).<br><br> (5) The court by which a person is convicted of an offence under this section may order the forfeiture of the pesticide in respect of which the offence was committed. (6) The power to make an order under subsection (1) is exercisable by statutory instrument. (7) A statutory instrument containing an order under subsection (1) is subject to annulment in pursuance of a resolution of either House of Parliament.<br><br> (8) The Secretary of State must take such steps as are reasonably practicable to bring information about the effect of an order under subsection (1) to the attention of persons likely to be affected by the order. (9) In relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003 (c. 44), the reference in subsection (4) to 51 weeks is to be read as a reference to 6 months.<br><br> 44 Enforcement powers in connection with pesticides (1) An inspector may 4 (a) enter any premises if he has reasonable grounds to suspect that he may find there evidence that an offence is being committed under section 43, (b) require any person whom he reasonably believes has information about the formulation, effects or use of any substance found on the premises to give him that information, and (c) seize any substance found on the premises, if he has reasonable grounds for believing that it is evidence of an offence under section 43. (2) cInspector d means 4 (a) a person authorised in writing by the Secretary of State to exercise the powers under this section in relation to England; (b) a person authorised in writing by the National Assembly for Wales to exercise the powers under this section in relation to Wales. (3) An authorisation under subsection (2) is subject to any conditions or limitations specified in it.<br><br> (4) Schedule 2 to the Food and Environment Protection Act 1985 (officers and their powers), other than paragraph 2A(1)(b) of that Schedule, has effect with respect to inspectors as it has effect with respect to persons authorised to enforce Part 3 of that Act. (5) Subsections (6) and (7) apply where an inspector seizes a substance under subsection (1)(c). Natural Environment and Rural Communities Act 2006 (c.<br><br> 16 ) Part 3 4 Wildlife etc. 17 (6) The inspector must give to a person on the premises, or affix conspicuously to some object on the premises, a notice stating 4 (a) what he has seized and the ground for seizing it, and (b) the address for service for any claim for the return of the substance. (7) The inspector 4 (a) may retain the substance for so long as is reasonably necessary for the purposes of any investigation or proceedings in respect of an offence under section 43; (b) subject to any order for forfeiture under section 43(5) or any claim made within the relevant period by a person entitled to the return of the substance, may retain the substance or, after the relevant period, destroy or otherwise dispose of it.<br><br> (8) cThe relevant period d means the period ending 28 days after 4 (a) any proceedings in respect of an offence under section 43 are finally determined, or (b) if no such proceedings are brought, the time for bringing such proceedings expires. 45 Codes of practice (1) The Secretary of State may 4 (a) issue a code of practice in connection with any of the provisions of section 44 or Schedule 2 to the Food and Environment Protection Act 1985 (c. 48) as applied by section 44(4), and (b) revise or replace such a code.<br><br> (2) An inspector must have regard to any relevant provision of a code when discharging any function under any provision mentioned in subsection (1)(a). (3) But an inspector 9s failure to have regard to any provision of a code does not make him liable to criminal or civil proceedings. (4) A code 4 (a) is admissible in evidence in any proceedings, and (b) must be taken into account by a court in any case in which it appears to the court to be relevant.<br><br> 46 Interpretation (1) This section has effect for the interpretation of sections 43 and 44. (2) cPesticide d means 4 (a) a pesticide as defined by section 16(15) of the Food and Environment Protection Act 1985; (b) anything to which Part 3 of the 1985 Act applies (by virtue of section 16(16) of the Act) as if it were a pesticide. (3) cWild bird d and cwild animal d have the same meaning as in Part 1 of the Wildlife and Countryside Act 1981 (c.<br><br> 69). (4) cPremises d includes land (including buildings), movable structures, vehicles, vessels, aircraft and other means of transport. Natural Environment and Rural Communities Act 2006 (c.<br><br> 16 ) Part 3 4 Wildlife etc. 18 Protection of birds 47 Protection for nests of certain birds which re-use their nests (1) Amend the Wildlife and Countryside Act 1981 (c. 69) as follows.<br><br> (2) In section 1 (protection of wild birds, their nests and eggs), in subsection (1), after paragraph (a) insert 4 c(aa) takes, damages or destroys the nest of a wild bird included in Schedule ZA1; d. (3) At the beginning of the Schedules insert 4 cSCHEDULE ZA1 B IRDS WHICH RE - USE THEIR NESTS NOTE: The common name or names given in the first column of this Schedule are included by way of guidance only; in the event of any dispute or proceedings, the common name or names shall not be taken into account. d (4) In 4 (a) section 4 (exceptions to sections 1 and 3), in subsection (1)(c), and (b) section 7 (registration etc. of certain captive birds), in subsection (3A)(a)(i) and (c)(i), after cSchedule d insert cZA1 or d.<br><br> (5) In section 22 (power to vary Schedules), in subsection (1), for cSchedules 1 to 4 d substitute cSchedules ZA1 to 4 d. 48 Birds released into the wild as part of re-population programme (1) In section 1 of the 1981 Act (protection of wild birds, their nests and eggs), for subsection (6) substitute 4 c(6) For the purposes of this section the definition of cwild bird d in section 27(1) is to be read as not including any bird which is shown to have been bred in captivity unless it has been lawfully released into the wild as part of a re-population or re-introduction programme. (6A) cRe-population d and cre-introduction d have the same meaning as in the Directive of the Council of the European Communities dated 2nd April 1979 (No 1979/409/EEC) on the conservation of wild birds. d (2) In section 6 of the 1981 Act (sale etc.<br><br> of live or dead wild birds, eggs etc.), for Common name Scientific name Eagle, Golden Aquila chrysaetos Eagle, White-tailed Haliaetus albicilla Osprey Pandion haliaetus Natural Environment and Rural Communities Act 2006 (c. 16 ) Part 3 4 Wildlife etc. 19 subsection (5) substitute 4 c(5) Any reference in this section to any bird included in Part 1 of Schedule 3 is a reference to any bird included in that Part which 4 (a) was bred in captivity, (b) has been ringed or marked in accordance with regulations made by the Secretary of State, and (c) has not been lawfully released into the wild as part of a re- population or re-introduction programme.<br><br> (5A) cRe-population d and cre-introduction d have the same meaning as in the Directive of the Council of the European Communities dated 2nd April 1979 (No 1979/409/EEC) on the conservation of wild birds. (5B) Regulations made for the purposes of subsection (5)(b) may make different provision for different birds or different provisions of this section. d 49 Registration etc. of certain captive birds In section 7 of the 1981 Act (registration etc.<br><br> of certain captive birds), in subsection (3A), after paragraph (c) insert 4 c(ca) any offence under subsection (1); d. Invasive non-native species 50 Sale etc. of invasive non-native species After section 14 of the 1981 Act insert 4 c14ZA Sale etc.<br><br> of invasive non-native species (1) Subject to the provisions of this Part, a person is guilty of an offence if he sells, offers or exposes for sale, or has in his possession or transports for the purposes of sale 4 (a) an animal or plant to which this section applies, or (b) anything from which such an animal or plant can be reproduced or propagated. (2) Subject to the provisions of this Part, a person is guilty of an offence if he publishes or causes to be published any advertisement likely to be understood as conveying that he buys or sells, or intends to buy or sell 4 (a) an animal or plant to which this section applies, or (b) anything from which such an animal or plant can be reproduced or propagated. (3) This section applies to an animal or plant which 4 (a) is within section 14(1) or (2) (animals and plants which must not be released etc.<br><br> into the wild), (b) is of a description prescribed for the purposes of this section by an order made by the Secretary of State, and (c) is a live animal or live plant. Natural Environment and Rural Communities Act 2006 (c. 16 ) Part 3 4 Wildlife etc.<br><br> 20 (4) An order under subsection (3) may be made in relation to a particular area or a particular time of the year. (5) Subsections (3) and (4) of section 14 (defence of due diligence etc.) apply to an offence under this section as they apply to an offence under that section. d 51 Codes of practice in connection with invasive non-native species After section 14ZA of the 1981 Act insert 4 c14ZB Codes of practice in connection with invasive non-native species (1) The Secretary of State may issue or approve a code of practice relating to 4 (a) animals which are not ordinarily resident in and are not regular visitors to Great Britain in a wild state, (b) animals or plants included in Schedule 9, or (c) any description of animals or plants mentioned in paragraph (a) or (b). (2) The Secretary of State may revise or replace a code or approve its revision or replacement.<br><br> (3) The Secretary of State must ensure that a code is published in a way that is appropriate for bringing it to the attention of persons likely to be affected by it. (4) A person 9s failure to comply with a provision of a code does not make him liable to criminal or civil proceedings. (5) A code 4 (a) is admissible in evidence in any proceedings, and (b) must be taken into account by a court in any case in which it appears to the court to be relevant. d Enforcement etc.<br><br> of provisions relating to wildlife 52 Enforcement powers in connection with wildlife Schedule 5 contains amendments relating to enforcement powers in connection with wildlife. 53 Wildlife offences: time limits for proceedings Schedule 6 contains provisions extending the time limit for summary proceedings for certain offences relating to wildlife. 54 Application of Part 1 of 1981 Act to Crown (1) In the 1981 Act, before section 67 insert 4 c66A Application of Part 1 to Crown (1) Subject to subsections (2) to (5), Part 1 and regulations and orders made under it bind the Crown.<br><br> Natural Environment and Rural Communities Act 2006 (c. 16 ) Part 3 4 Wildlife etc. 21 (2) No contravention by the Crown of any provision of Part 1 makes the Crown criminally liable; but the High Court may, on the application of any person appearing to the Court to have an interest, declare unlawful an act or omission of the Crown which constitutes such a contravention.<br><br> (3) Despite subsection (2), Part 1 applies to persons in the public service of the Crown as it applies to other persons. (4) But the powers conferred by sections 18A to 19XA are not exercisable in relation to premises occupied by the Crown. (5) Nothing in this Part affects Her Majesty in her private capacity.<br><br> (6) Subsection (5) is to be read as if section 38(3) of the Crown Proceedings Act 1947 (c. 44) (meaning of Her Majesty in her private capacity) were contained in this Act. d (2) For the heading to section 67, substitute cApplication of Parts 2 and 3 to Crown land d. P ART 4 S ITES OF SPECIAL SCIENTIFIC INTEREST 55 Offences in connection with SSSIs (1) Amend section 28P of the Wildlife and Countryside Act 1981 (c.<br><br> 69) (offences) as follows. (2) After subsection (5) insert 4 c(5A) A section 28G authority which, in the exercise of its functions, permits the carrying out of an operation which damages any of the flora, fauna or geological or physiographical features by reason of which a site of special scientific interest is of special interest 4 (a) without first complying with section 28I(2), or (b) where relevant, without first complying with section 28I(4) or (6), is, unless there was a reasonable excuse for permitting the carrying out of the operation without complying, guilty of an offence and is liable on summary conviction to a fine not exceeding £20,000 or on conviction on indictment to a fine. (5B) For the purposes of subsection (5A), it is a reasonable excuse in any event for a section 28G authority to permit the carrying out of an operation without first complying with section 28I(2), (4) or (6) if the operation in question was an emergency operation particulars of which (including details of the emergency) were notified to Natural England as soon as practicable after the permission was given. d (3) After subsection (6) insert 4 c(6A) A person (other than a section 28G authority acting in the exercise of its functions) who without reasonable excuse 4 (a) intentionally or recklessly destroys or damages any of the flora, fauna, or geological or physiographical features by reason of which a site of special scientific interest is of special interest, or Natural Environment and Rural Communities Act 2006 (c.<br><br> 16 ) Part 4 4 Sites of special scientific interest 22 (b) intentionally or recklessly disturbs any of those fauna, is guilty of an offence and is liable on summary conviction to a fine not exceeding level 4 on the standard scale. d (4) In subsection (7), after c(6) d (in both places) insert cor (6A) d. (5) In section 31 of the 1981 Act (restoration following offence under section 28P), in subsection (1)(b), after c28P(6) d insert cor (6A) d. 56 Denotification In section 28D of the 1981 Act (denotification), in subsection (1), for cno longer d substitute cnot d.<br><br> 57 Effect of failure to serve certain notices in connection with SSSIs After section 70A of the 1981 Act insert 4 c70B Effect of failure to serve certain notices (1) This section applies where the relevant conservation body 4 (a) has (whether before or after the commencement of this section) taken all reasonable steps to ensure that, under any provision listed in subsection (2), notice is served on every owner and occupier of any land to which the notice relates, but (b) has failed to do so. (2) The provisions are 4 (a) section 28(1) (notification of SSSI); (b) section 28(5) (confirmation or withdrawal of notification of SSSI); (c) section 28A(3) (notice varying notification under section 28); (d) section 28A(5) (notice confirming or withdrawing variation of notification); (e) section 28B(2) (notification of additional land to be included in SSSI); (f) section 28B(7) (confirmation or withdrawal of notification); (g) section 28C(2) (notification of enlargement of SSSI); (h) section 28C(3) (confirmation or withdrawal of notification of enlargement); (i) section 28D(2) (denotification); (j) section 28D(5) (withdrawal or confirmation of denotification); (k) section 28J(3) (notice of proposed management scheme); (l) section 28J(8) (withdrawal or confirmation of management scheme). (3) The validity of the notice is not affected by the failure to serve it on every owner and occupier of the land.<br><br> (4) For the purposes of sections 28 to 28Q, the time when the notice is to be treated as having been served is the time when the relevant conservation body took the last of the steps referred to in subsection (1)(a). Natural Environment and Rural Communities Act 2006 (c. 16 ) Part 4 4 Sites of special scientific interest 23 (5) If the relevant conservation body becomes aware of its failure to serve a notice on an owner or occupier, it must serve a copy of the notice on that owner or occupier.<br><br> (6) Nothing in subsection (3) or (4) renders the owner or occupier liable 4 (a) in relation to anything done or omitted to be done before the commencement of this section, or (b) under section 28P(1) or 28Q(4) in relation to anything done or omitted to be done before the copy of the notice is served under subsection (5). (7) cThe relevant conservation body d means 4 (a) in relation to land in an area in England 4 (i) subject to sub-paragraph (ii), Natural England; (ii) in relation to any time before the commencement of section 27AA, English Nature; (b) in relation to land in an area in Wales, the Countryside Council for Wales. d 58 Notices and signs relating to SSSIs (1) After section 28R of the 1981 Act insert 4 c28S Notices and signs relating to SSSIs (1) Natural England may, on any land included in a site of special scientific interest, put up and maintain notices or signs relating to the site. (2) Natural England may remove any notice or sign put up under subsection (1).<br><br> (3) Any other person who intentionally or recklessly and without reasonable excuse takes down, damages, destroys or obscures a notice or sign put up under subsection (1) is guilty of an offence. (4) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 4 on the standard scale. d (2) In section 51 of the 1981 Act (powers of entry), in subsection (1), after paragraph (k) insert 4 c(ka) for the purposes of putting up, maintaining or removing notices or signs under section 28S; d. (3) In subsection (2) of that section, for cparagraphs (a) to (k) d substitute cparagraphs (a) to (ka) d.<br><br> P ART 5 N ATIONAL P ARKS AND THE B ROADS 59 Criteria for designating National Parks (1) In section 5 of the National Parks and Access to the Countryside Act 1949 (c. 97) (criteria for designating National Parks), after subsection (2) insert 4 c(2A) Natural England may 4 Natural Environment and Rural Communities Act 2006 (c. 16 ) Part 5 4 National Parks and the Broads 24 (a) when applying subsection (2)(a) in relation to an area, take into account its wildlife and cultural heritage, and (b) when applying subsection (2)(b) in relation to that area, take into account the extent to which it is possible to promote opportunities for the understanding and enjoyment of its special qualities by the public. d (2) The amendment made by subsection (1) applies for the purposes of the confirmation or variation on or after the day on which this section comes into force of orders made before that day as it applies for the purposes of the confirmation or variation of orders made on or after that day.<br><br> 60 Procedure for orders designating National Parks (1) Amend the 1949 Act as follows. (2) In section 7 (designation and variation of National Parks), in subsection (1), for ccounty council, county borough council and county district council d substitute cand local authority d. (3) After subsection (6) of that section insert 4 c(7) In this section and Schedule 1 clocal authority d means 4 (a) in relation to England, a county council, district council or parish council; (b) in relation to Wales, a county council, county borough council or community council. d (4) In section 9 (development plans relating to National Parks), omit subsection (2).<br><br> (5) In Schedule 1, in paragraph 2, after sub-paragraph (2) (local inquiries to be held where objection by local authority not withdrawn) insert 4 c(2A) In sub-paragraph (2) clocal authority d does not include 4 (a) in relation to an order designating a National Park in England, a parish council, or (b) in relation to an order designating a National Park in Wales, a community council. d 61 Members of National Park authorities (1) Amend Schedule 7 to the Environment Act 1995 (c. 25) (National Park authorities) as follows. (2) In paragraph 1, for sub-paragraphs (2) to (6) (constitution of National Park authorities) substitute 4 c(2) A National Park authority shall consist of 4 (a) a specified number of local authority members, (b) in the case of a National Park in England, a specified number of parish members to be appointed by the Secretary of State, and (c) a specified number of other members to be appointed by the Secretary of State; and cspecified d means specified in the relevant order.<br><br> Natural Environment and Rural Communities Act 2006 (c. 16 ) Part 5 4 National Parks and the Broads 25 (3) The total number of 4 (a) local authority members, and (b) parish members, must exceed the number of other members. d (3) In paragraph 2 (local authority members), for sub-paragraph (6) substitute 4 c(5A) Sub-paragraph (5B) applies to a person who retires from being a member of a council by virtue of an election. (5B) Sub-paragraph (5)(a) does not terminate his office as member of a National Park authority until 4 (a) three months after he retires from being a member of the council, or (b) if earlier, the day on which the National Park authority receives notice of a proposed replacement appointment; but if he is re-elected he is eligible for re-appointment to the National Park authority. d (4) In paragraph 3 (parish members of English National Park authorities), for sub- paragraph (4) substitute 4 c(4A) Sub-paragraph (4B) applies to a person who retires from being a member of a parish council by virtue of an election.<br><br> (4B) Sub-paragraph (3) does not terminate his office as member of a National Park authority until 4 (a) three months after he ceases to be a member of the parish council, or (b) if earlier, the day on which the National Park authority receives notice of a proposed replacement appointment; but if he is re-elected he is eligible for re-appointment to the National Park authority. d (5) For sub-paragraph (6) of that paragraph substitute 4 c(5A) Sub-paragraph (5B) applies to a person who retires from being chairman of a parish meeting by virtue of an election. (5B) Sub-paragraph (5) does not terminate his office as member of a National Park authority until 4 (a) three months after he retires from being chairman, or (b) if earlier, the day on which the National Park authority receives notice of a proposed replacement appointment; but if he is re-elected as chairman he is eligible for re-appointment to the National Park authority. d (6) In paragraph 4 (members, other than parish members, appointed by the Secretary of State), in sub-paragraph (2)(a) for cthree years d substitute cfour years d. 62 Expenditure by National Parks authorities In section 11A of the National Parks and Access to the Countryside Act 1949 (c.<br><br> 97), in subsection (1) (duty of National Park authority to foster economic Natural Environment and Rural Communities Act 2006 (c. 16 ) Part 5 4 National Parks and the Broads 26 and social well-being of local communities in National Park), omit c, but without incurring significant expenditure in doing so, d. 63 Notification of agricultural operations on moor and heath in National Parks (1) Amend section 42 of the Wildlife and Countryside Act 1981 (c.<br><br> 69) (notification of agricultural operations on moor and heath in National Parks) as follows. (2) In subsection (1) 4 (a) for cThe Ministers d substitute cA National Park authority d, and (b) for ca National Park d substitute cthe relevant Park d. (3) In subsection (2)(b), for cthe Ministers d substitute cthe National Park authority d.<br><br> (4) In subsection (6), for cthe Ministers, the Nature Conservancy Council and the Countryside Agency d substitute cNatural England d. (5) For subsection (8) substitute 4 c(8) An order under this section shall be made by statutory instrument and the Statutory Instruments Act 1946 shall apply to such an instrument as if the order had been made by a Minister of the Crown. d (6) In section 51 (powers of entry), in subsection (2)(c), omit cthe Ministers or d. 64 Functions of Broads Authority and others in relation to the Broads (1) Amend the Norfolk and Suffolk Broads Act 1988 (c.<br><br> 4) as follows. (2) In section 2 (functions of the Authority: general), in subsection (1), for paragraphs (a) and (b) substitute 4 c(a) conserving and enhancing the natural beauty, wildlife and cultural heritage of the Broads; (b) promoting opportunities for the understanding and enjoyment of the special qualities of the Broads by the public; and d. (3) In section 17A (general duty of public bodies etc.), in subsection (1), for paragraphs (a) and (b) substitute 4 c(a) conserving and enhancing the natural beauty, wildlife and cultural heritage of the Broads; (b) promoting opportunities for the understanding and enjoyment of the special qualities of the Broads by the public; and d.<br><br> (4) Any increase in the expenses of the Broads Authority attributable to subsection (2) and not related to protecting the interests of navigation is to be met otherwise than by means of 4 (a) charges of a kind mentioned in section 13(1) of the 1988 Act, or (b) levies under section 14(1) of the 1988 Act. 65 Emergency financial assistance (1) Amend section 155(4) of the Local Government and Housing Act 1989 (c. 42) (authorities eligible for emergency financial assistance) as follows.<br><br> Natural Environment and Rural Communities Act 2006 (c. 16 ) Part 5 4 National Parks and the Broads 27 (2) After paragraph (h) insert 4 c(i) a National Park authority; or (j) the Broads Authority. d (3) Omit cor d preceding paragraph (h). P ART 6 R IGHTS OF WAY Rights of way and mechanically propelled vehicles 66 Restriction on creation of new public rights of way (1) No public right of way for mechanically propelled vehicles is created after commencement unless it is 4 (a) created (by an enactment or instrument or otherwise) on terms that expressly provide for it to be a right of way for such vehicles, or (b) created by the construction, in exercise of powers conferred by virtue of any enactment, of a road intended to be used by such vehicles.<br><br> (2) For the purposes of the creation after commencement of any other public right of way, use (whenever occurring) of a way by mechanically propelled vehicles is to be disregarded. 67 Ending of certain existing unrecorded public rights of way (1) An existing public right of way for mechanically propelled vehicles is extinguished if it is over a way which, immediatel

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