Natural Environment and Rural Communities Act 2006

• Citation: 2006 c. 16
• Sections: 452

Section 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.

(3) Except where otherwise expressly provided, Natural England's functions are exercisable in relation to England (including, where the context requires, the territorial sea adjacent to England) only.

(3A) An order or Order in Council made—

(a) under section 158(3) of the Government of Wales Act 2006 for the purposes of determining which waters are treated as being adjacent to Wales, or

(b) under section 126(2) of the Scotland Act 1998 for the purposes of determining which waters are treated as being adjacent to Scotland,

applies for the purposes of this section as it applies for the purposes of the Act under which it is made.

(4) English Nature and the Countryside Agency are dissolved and their functions are (subject to the provisions of this Act) transferred to Natural England.

(5) Schedule 1 contains provisions about the constitution of Natural England and related matters.

Section 2 General purpose

(1) Natural England's 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's general purpose includes—

(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.

(3) The purpose in subsection (2)(e) may, in particular, be carried out by working with local communities.

Section 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.

(3) Natural England may—

(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).

Section 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's general purpose.

(2) Subsection (3) applies if Natural England has reason to believe that advice given under subsection (1) has been rejected.

(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.

(4) Natural England may give advice to any person on any matter relating to its general purpose—

(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.

Section 5 Carrying out proposals etc.

Natural England may—

(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.

Section 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.

(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.

Section 7 Management agreements

(1) Natural England may make an agreement (a “management agreement) 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.

(2) A management agreement may, in particular—

(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;

(f) contain incidental and consequential provision.

(3) A management agreement is, unless the agreement otherwise provides—

(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.

(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.

(6) “ Interest in land ” has the same meaning as in the National Parks and Access to the Countryside Act 1949 (c. 97).

(7) “ Management scheme ” and “ site of special scientific interest ” have the same meaning as in Part 2 of the Wildlife and Countryside Act 1981 (c. 69).

Section 8 Experimental schemes

(1) Natural England may—

(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—

(a) the development or application of new methods, concepts or techniques, or

(b) the testing or further development of existing methods, concepts or techniques.

(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.

Section 9 Information services etc.

(1) Natural England may—

(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.

(2) Nothing in any other enactment imposing a duty or conferring a power on Natural England—

(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).

Section 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.

(2) The conditions are that—

(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.

Section 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.

(2) “ Services ” includes, in particular, anything done under—

(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.

(5) An order under subsection (3) may make provision as to—

(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.

Section 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' court is entitled to prosecute in such proceedings ....

Section 13 Incidental powers

(1) Natural England may do anything that appears to it to be conducive or incidental to the discharge of its functions.

(2) In particular, Natural England may—

(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.

Section 14 Grants

(1) The Secretary of State may make grants to Natural England 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.

Section 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.

(3) Before giving guidance under this section the Secretary of State must consult—

(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.

(6) In discharging its functions, Natural England must have regard to guidance given under this section.

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.

(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.

(5) Natural England must comply with any directions given under this section.

Section 17 Commission for Rural Communities

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Section 18 Commission's general purpose

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Section 19 Representation, advice and monitoring

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Section 20 Research

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Section 21 Information services etc.

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Section 22 Power to charge for services

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Section 23 Incidental powers

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Section 24 Grants

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Section 25 Directions

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Section 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—

(a) Natural England,

(b) the Commission,

(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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.

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Section 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.

(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—

(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—

(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.

Section 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—

“ designated ” in relation to a scheme, means specified in or determined in accordance with the scheme;

“ the transfer date ” means a date specified by a scheme as the date on which the scheme is to have effect.

Section 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—

(a) Natural England, or

(b) the Commission.

Section 30 Interpretation

(1) In this Part—

“ the Commission ” means the Commission for Rural Communities;

“ Minister of the Crown ” has the same meaning as in the Ministers of the Crown Act 1975 (c. 26);

“ nature conservation ” means the conservation of flora, fauna or geological or physiographical features;

“ research ” includes inquiries and investigations.

(2) For the purposes of this Part, a public authority is any of the following—

(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—

(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)—

“ local authority ” 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;

“ local planning authority ” has the same meaning as in the Town and Country Planning Act 1990 (c. 8);

“ 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.

Section 31 Joint Nature Conservation Committee

The Joint Nature Conservation Committee—

(a) is to continue in existence, but

(b) is to be re-constituted in accordance with Schedule 4.

Section 32 UK conservation bodies

(1) In this Part “ the UK conservation bodies ” means—

(a) for England, Natural England;

(b) for Wales, the Natural Resources Body for Wales ;

(c) for Scotland, Scottish Natural Heritage;

(d) for Northern Ireland, the Council for Nature Conservation and the Countryside.

(2) In this Part “ the GB conservation bodies ” means the bodies mentioned in subsection (1)(a) to (c).

Section 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—

(a) nature conservation, and

(b) fostering the understanding of nature conservation.

(2) Each of them must, in discharging their functions under this Part, have regard to—

(a) actual or possible ecological changes, and

(b) the desirability of contributing to sustainable development.

Section 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—

(a) providing advice to the appropriate authorities on the development and implementation of policies for or affecting any nature conservation matter which—

(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;

(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) “ The appropriate authorities ” means—

(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.

Section 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—

(a) is connected with the functions of that UK conservation body, and

(b) in the opinion of the joint committee—

(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.

(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).

Section 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—

(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.

(3) “ The 1981 Act ” means the Wildlife and Countryside Act 1981 (c. 69).

Section 37 UK conservation bodies: incidental powers for UK purposes, etc.

(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—

(a) acquire or dispose of property;

(b) accept gifts;

(c) undertake research directly related to those functions if it appears appropriate to do so.

(3) Nothing in any of the enactments concerning the functions of the UK conservation bodies prevents any of them—

(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) “ Enactment ” includes an Act of the Scottish Parliament and Northern Ireland legislation.

Section 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).

(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.

(5) The joint committee must comply with any directions given under this section.

Section 39 Interpretation

In this Part—

“ the joint committee ” means the Joint Nature Conservation Committee;

“ Minister of the Crown ” has the same meaning as in the Ministers of the Crown Act 1975 (c. 26);

“ nature conservation ” means the conservation of flora, fauna or geological or physiographical features;

“ the relevant Northern Ireland department ” means the Department of the Environment in Northern Ireland;

“ research ” includes inquiries and investigations.

Section 40 Duty to conserve and enhance biodiversity

(A1) For the purposes of this section “the general biodiversity objective” is the conservation and enhancement of biodiversity in England through the exercise of functions in relation to England.

(1) A public authority which has any functions exercisable in relation to England must from time to time consider what action the authority can properly take, consistently with the proper exercise of its functions, to further the general biodiversity objective.

(1A) After that consideration the authority must (unless it concludes there is no new action it can properly take)—

(a) determine such policies and specific objectives as it considers appropriate for taking action to further the general biodiversity objective, and

(b) take such action as it considers appropriate, in the light of those policies and objectives, to further that objective.

(1B) The requirements of subsection (1A)(a) may be satisfied (to any extent) by revising any existing policies and specific objectives for taking action to further the general biodiversity objective.

(1C) The first consideration required by subsection (1) must be completed by the authority within the period of one year beginning with the day on which section 102 of the Environment Act 2021 comes into force.

(1D) Any subsequent consideration required by subsection (1) must be completed no more than five years after the completion of the authority’s previous consideration.

(1E) A determination required by subsection (1A)(a) must be made as soon as practicable after the completion of the consideration to which it relates.

(1F) Nothing in this section prevents the authority from—

(a) determining or revising policies and specific objectives at any time, or

(b) taking action to further the general biodiversity objective at any time.

(2) In complying with subsections (1) and (1A) , a Minister of the Crown or government department must in particular have regard to the United Nations Environmental Programme Convention on Biological Diversity of 1992.

(2A) In complying with subsections (1) and (1A) the authority must in particular have regard to—

(a) any relevant local nature recovery strategy, and

(b) any relevant species conservation strategy or protected site strategy prepared by Natural England.

(2B) The Secretary of State must issue guidance to local planning authorities as to how they are to comply with their duty under subsection (2A)(a) when complying with subsections (1) and (1A) in their capacity as such authorities.

(2C) Guidance under subsection (2B) must be—

(a) published by the Secretary of State in such manner as the Secretary of State thinks fit,

(b) kept under review, and

(c) revised where the Secretary of State considers it appropriate.

(2D) The first guidance under subsection (2B) must be published by the Secretary of State within the period of two years beginning with the day on which section 102 of the Environment Act 2021 comes into force.

(3) The action which may be taken by the authority to further the general biodiversity objective includes, in particular, action taken for the purpose of—

(a) conserving, restoring or otherwise enhancing a population of a particular species, and

(b) conserving, restoring or otherwise enhancing a particular type of habitat.

(4) “ Public authority ” means any of the following—

(a) a Minister of the Crown;

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) a public body (including a government department, a local authority and a local planning authority );

(d) a person holding an office—

(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—

“ local authority ” means—

a county council in England , 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;

...

" local planning authority " has the same meaning as in the Town and Country Planning Act 1990 (c. 8);

" Minister of the Crown " has the same meaning as in the Ministers of the Crown Act 1975 (c. 26);

“ statutory undertaker ” means a person—

who is or is deemed to be a statutory undertaker for the purposes of Part 11 of the Town and Country Planning Act 1990, or

who holds a gas system planner licence under section 7AA of the Gas Act 1986 (c. 44) .

...

(6) This section has effect in relation to Her Majesty’s Revenue and Customs with the following modifications—

(a) the omission from subsection (A1) of the words “in England” and “in relation to England”;

(b) the omission from subsection (1) of the words from “which” to “England”.

(7) In this section references to England include the territorial sea adjacent to England.

Section 40A Biodiversity reports

(1) This section applies to—

(a) a local authority in England other than a parish council,

(b) a local planning authority in England, and

(c) a designated authority (see subsection (8)(a) ).

(2) A public authority to which this section applies (“ the authority ”) must publish biodiversity reports in accordance with this section.

(3) A biodiversity report so published must contain—

(a) a summary of the action which the authority has taken over the period covered by the report for the purpose of complying with its duties under section 40(1) and (1A),

(b) a summary of the authority’s plans for complying with those duties over the period of five years following the period covered by the report,

(c) any quantitative data required to be included in the report by regulations under subsection (8)(b), and

(d) any other information that the authority considers it appropriate to include in the report.

(4) If the authority is a local planning authority, its biodiversity report must also contain—

(a) a summary of the action taken by the authority in carrying out its functions under Schedule 7A to the Town and Country Planning Act 1990 (biodiversity gain as condition of planning permission) over the period covered by the report,

(b) information about any biodiversity gains resulting or expected to result from biodiversity gain plans approved by the authority during that period, and

(c) a summary of the authority’s plans for carrying out those functions over the five year period following the period covered by the report.

(5) A biodiversity report—

(a) must specify the period covered by the report, and

(b) must be published within the period of 12 weeks following the last day of that period.

(6) The authority’s first biodiversity report must cover a period chosen by the authority which—

(a) is no longer than three years, and

(b) begins with the day on which the authority first becomes subject to the duty under subsection (2) .

(7) A subsequent biodiversity report made by the authority must cover a period chosen by the authority which—

(a) is no longer than five years, and

(b) begins with the day after the last day of the period covered by its most recent biodiversity report.

(8) The Secretary of State may by regulations—

(a) provide for specified public authorities, or public authorities of a specified description, to be designated authorities for the purposes of this section;

(b) require biodiversity reports to include specified quantitative data relating to biodiversity in any area of land in England in relation to which the authority exercises any functions.

In this subsection “ specified ” means specified in the regulations.

(9) Public authorities with no functions exercisable in relation to England may not be designated under subsection (8)(a) .

(10) The power to make regulations under subsection (8) is exercisable by statutory instrument.

(11) A statutory instrument containing regulations under subsection (8) is subject to annulment in pursuance of a resolution of either House of Parliament.

(12) Terms used in this section and section 40 have the same meaning as in that section.

Section 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's opinion are of principal importance for the purpose of conserving or enhancing biodiversity.

(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 (1A) , the Secretary of State must—

(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.

(4) The Secretary of State must, in consultation with Natural England—

(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.

Section 42 Biodiversity lists and action (Wales)

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Section 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.

(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—

(a) provision made by or under the Poisons Act 1972 (c. 66);

(b) regulations made under section 16(2) of the Food and Environment Protection Act 1985 (c. 48);

(c) Regulation ( EU ) No 528/2012 of the European Parliament and of the Council , as last corrected by a corrigendum ( OJ No L 280, 28.10.2017, p 57) ;

(d) Regulation (EC) No 1107/2009 of the European Parliament and of the Council , as last amended by Regulation (EU) 2019/1009 of the European Parliament and of the Council .

(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).

(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.

(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.

Section 44 Enforcement powers in connection with pesticides

(1) An inspector may—

(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) “ Inspector ” means—

(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.

(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).

(6) The inspector must give to a person on the premises, or affix conspicuously to some object on the premises, a notice stating—

(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—

(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.

(8) “ The relevant period ” means the period ending 28 days after—

(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.

Section 45 Codes of practice

(1) The Secretary of State may—

(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.

(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's failure to have regard to any provision of a code does not make him liable to criminal or civil proceedings.

(4) A code—

(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.

Section 46 Interpretation

(1) This section has effect for the interpretation of sections 43 and 44.

(2) “ Pesticide ” means—

(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) “ Wild bird ” and “ wild animal ” have the same meaning as in Part 1 of the Wildlife and Countryside Act 1981 (c. 69).

(4) “ Premises ” includes land (including buildings), movable structures, vehicles, vessels, aircraft and other means of transport.

Section 47 Protection for nests of certain birds which re-use their nests

(1) Amend the Wildlife and Countryside Act 1981 (c. 69) as follows.

(2) In section 1 (protection of wild birds, their nests and eggs), in subsection (1), after paragraph (a) insert—

(aa) takes, damages or destroys the nest of a wild bird included in Schedule ZA1;

(3) At the beginning of the Schedules insert—

Birds 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.

(4) In—

(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 “Schedule” insert “ ZA1 or ” .

(5) In section 22 (power to vary Schedules), in subsection (1), for “Schedules 1 to 4” substitute “ Schedules ZA1 to 4 ” .

Section 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—

(6) For the purposes of this section the definition of “ wild bird ” 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) “ Re-population ” and “ re-introduction ” 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.

(2) In section 6 of the 1981 Act (sale etc. of live or dead wild birds, eggs etc.), for subsection (5) substitute—

(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—

(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.

(5A) “ Re-population ” and “ re-introduction ” 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.

Section 49 Registration etc. of certain captive birds

In section 7 of the 1981 Act (registration etc. of certain captive birds), in subsection (3A), after paragraph (c) insert—

(ca) any offence under subsection (1);