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The Natural Resources Body for Wales (Functions) Order 2013

Type Welsh-Statutory-Instrument

Publication 2013-03-25

Last updated 2020-12-31

State In force

Jurisdiction Wales

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Made: 25 March 2013

Coming into force: 1 April 2013

The Welsh Ministers make this Order in exercise of the powers conferred by sections 13, 14, 15 and 35 of the Public Bodies Act 2011 (“the Act”).

In accordance with section 16 of the Act, the Welsh Ministers consider that this Order—serves the purpose of improving the exercise of public functions, having had regard to the factors set out in section 16 of the Act; anddoes not remove any necessary protection or prevent any person from continuing to exercise any right or freedom which that person might reasonably expect to continue to exercise.

In accordance with section 16 of the Act, the Welsh Ministers consider that this Order—

serves the purpose of improving the exercise of public functions, having had regard to the factors set out in section 16 of the Act; and

does not remove any necessary protection or prevent any person from continuing to exercise any right or freedom which that person might reasonably expect to continue to exercise.

The consent of the Secretary of State and the Minister has been obtained in accordance with section 17 of the Act.

The Welsh Ministers have carried out consultation in accordance with section 18 of the Act.

A draft of this Order, and an explanatory document containing the information required by section 19(2) of the Act, have been laid before the National Assembly for Wales in accordance with section 19(1) after the end of the period of twelve weeks mentioned in section 19(3).

In accordance with section 19(6) of the Act, the Welsh Ministers have had regard to representations and recommendations made during the 60-day period with regard to the draft Order.

In accordance with section 19(8) of the Act, a revised draft of this Order, and a statement giving a summary of the changes proposed, have been laid before the National Assembly for Wales after the expiry of the 60-day period.

The revised draft of this Order has been approved by a resolution of the National Assembly for Wales in accordance with section 19(9) of the Act.

Title, commencement and extent

1

(1) The title of this Order is the Natural Resources Body for Wales (Functions) Order 2013.

(2) This Order comes into force on 1 April 2013.

(3) An amendment, repeal or revocation made by this Order has the same extent as the provision to which it relates.

Interpretation

2

In this Order—

“the 1990 Act” (“Deddf 1990”) means the Environmental Protection Act 1990 ;

“the 1995 Act” (“Deddf 1995”) means the Environment Act 1995 ;

“the Body” (“y Corff”) means the Natural Resources Body for Wales;

“the Establishment Order” (“y Gorchymyn Sefydlu”) means the Natural Resources Body for Wales (Establishment) Order 2012 ;

“local enactment” (“deddfiad lleol”) means any local Act or any subordinate legislation made under or by virtue of a local Act.

General functions of the Natural Resources Body for Wales

3

Schedule 1 contains amendments to the Establishment Order.

Modification and transfer of functions, consequential and other provisions

4

(1) Schedules 2 and 3 contain amendments to primary legislation which—

(a) modify and transfer to the Body Welsh devolved functions of the Environment Agency;

(b) modify and transfer to the Body and the Welsh Ministers Welsh devolved functions of the Forestry Commissioners;

(d) transfer to the Body functions of the Welsh Ministers relating to the environment;

(e) make consequential, supplementary and incidental provision.

(2) Schedules 4, 5 and 6 contain amendments to subordinate legislation which—

(a) modify and transfer to the Body Welsh devolved functions of the Environment Agency;

(b) modify and transfer to the Body and the Welsh Ministers Welsh devolved functions of the Forestry Commissioners;

(d) transfer to the Body functions of the Welsh Ministers relating to the environment;

(e) make consequential, supplementary and incidental provision.

Other modifications of enactments

5

In any local enactment which is not amended by any other provision of this Order, any reference to the CCW (however expressed), and any reference which is to be read as a reference to the CCW, is to be treated as a reference to the Body.

6

In any local enactment which is not amended by any other provision of this Order, any reference to the Forestry Commissioners (however expressed), and any reference which is to be read as a reference to the Forestry Commissioners, is to be treated in relation to Wales as a reference to the Body.

7

In any local enactment which is not amended by any other provision of this Order, other than an enactment relating to navigation, any reference to the Environment Agency (however expressed), and any reference which is to be read as a reference to the Environment Agency, is to be treated in relation to Wales as a reference to the Body.

Abolition of the Countryside Council for Wales

8

(1) The CCW is abolished.

(2) Accordingly, the following are repealed—

(a) sections 128 to 134 of the 1990 Act ;

(b) Schedules 6, 8 and 9 to the 1990 Act ;

Abolition of advisory committees

9

(1) The following are abolished—

(a) the Environment Protection Advisory Committee established pursuant to section 12(6) of the 1995 Act;

(b) the regional and local fisheries advisory committee established pursuant to section 13(5) of the 1995 Act.

(2) Accordingly, the following provisions of the 1995 Act are repealed—

(a) section 12 ;

(b) section 13 ;

(d) paragraph 3 of Schedule 23.

Transitional provisions and savings

10

Schedule 7 contains transitional provisions and savings.

SCHEDULE 1 — FUNCTIONS OF THE NATURAL RESOURCES BODY FOR WALES

1

The Establishment Order is amended as follows.

2

For article 2 substitute—

(2) In this Order— - “the Body” (“y Corff”) has the meaning given by article 3(1); - “nature conservation” (“cadwraeth natur”) means the conservation of flora, fauna or geological or physiographical features; - “pollution control functions” (“swyddogaethau rheoli llygredd”) has the same meaning as in section 5 of the Environment Act 1995 ; - “the Welsh zone” (“parth Cymru”) has the meaning given by section 158 of the Government of Wales Act 2006 .

3

In article 4(3), omit “(as defined in section 158(1) of the Government of Wales Act 2006)”.

4

After article 5 insert—

(5A) (1) The Body must exercise its functions so as to further nature conservation and the conservation and enhancement of natural beauty and amenity. (2) The duty in paragraph (1) does not apply to the Body's pollution control functions or its functions under the Forestry Act 1967. (3) In exercising its pollution control functions, the Body must have regard to the desirability of nature conservation and of conserving and enhancing natural beauty and amenity. (4) Section 1(3A) of the Forestry Act 1967 makes provision about the balance between nature conservation and other matters which the Body must endeavour to achieve in exercising its functions under that Act. (5B) In exercising any function relating to nature conservation, the Body must have regard to actual or possible ecological changes. (5C) (1) The Body must exercise its functions so as to promote the provision and improvement of opportunities for— (a) access to, and enjoyment of, the countryside and open spaces; (b) open-air recreation; and (c) the study, understanding and enjoyment of the natural environment. (2) The duty in paragraph (1) does not apply to the Body's pollution control functions. (3) In exercising its pollution control functions, the Body must have regard to the desirability of maintaining the availability to the public of existing opportunities of the kinds mentioned in paragraph (1). (4) Section 2 of the Countryside Act 1968 makes further provision about the Body's duties relating to facilities for the enjoyment of the countryside, the conservation and enhancement of the natural beauty and amenity of the countryside, and public access to the countryside for recreation. (5D) In exercising its functions, the Body must have regard to— (a) the desirability of protecting and conserving buildings, structures, sites and objects of archaeological, architectural, engineering or historic interest; (b) the desirability of maintaining the availability to the public of any facility for visiting or inspecting any such building, structure, site or object, so far as consistent with sub-paragraph (a) and article 5A. (5E) In exercising its functions, the Body must have regard to— (a) the health and social well-being of individuals and communities; (b) the economic well-being of individuals, businesses and communities. (5F) (1) The duties in articles 5A to 5E apply to the Welsh Ministers when formulating or considering any proposals relating to the Body's functions, as they apply to the Body in exercising those functions. (2) But the duty in article 5A(1) applies to the Welsh Ministers when formulating or considering such proposals only to the extent that the duty is consistent with— (a) the objective of achieving sustainable development; and (b) the Welsh Ministers' duties under section 2 of the Water Industry Act 1991 . (5G) (1) This article applies where the Body has rights to the use of water or land associated with water. (2) The Body must take appropriate steps to secure that those rights are exercised so as to ensure that the water or land— (a) is made available for recreational purposes; and (b) is made available in the best manner. (3) In paragraph (2), “appropriate steps” (“camau priodol”) means steps which are— (a) reasonably practicable; and (b) consistent with the provisions of any enactment relating to the Body's functions. (4) The Body must obtain the consent of any navigation authority, harbour authority or conservancy authority before doing anything under paragraph (1) which causes obstruction of, or other interference with, navigation which is subject to the control of that authority. (5) Section 6 of the Environment Act 1995 makes further general provision about the Body's functions with respect to water. (5H) (1) The Body may provide, or make arrangements for the provision of, facilities for the purposes specified in paragraph (2) on any land belonging to it, which it uses or manages, or which is placed at its disposal by the Welsh Ministers. (2) The purposes referred to in paragraph (1) are— (a) tourism and the enjoyment of the countryside and open spaces; (b) recreation and sport; (c) the study, understanding and enjoyment of the natural environment. (3) In paragraph (1), “facilities” (“cyfleusterau”) includes, without limitation— (a) accommodation for visitors, camping sites and caravan sites; (b) picnic sites and places for meals and refreshments; (c) places for enjoying views and parking places; (d) routes for walking, cycling or study of the natural environment; (e) education centres, display centres and information; (f) shops in connection with any of the facilities mentioned in paragraphs (a) to (e); (g) public conveniences. (5I) The power of the Welsh Ministers under section 39 of the Forestry Act 1967 to acquire land includes power to acquire land in proximity to land placed by them at the disposal of the Body pursuant to section 3 of that Act where it appears to the Welsh Ministers that the land which it is proposed to acquire is reasonably required for the provision of the facilities mentioned in article 5H. (5J) The power of the Welsh Ministers to make byelaws under section 46 of the Forestry Act 1967 includes power to make byelaws— (a) for regulating the reasonable use of facilities provided under article 5H, and (b) in relation to any matter described in section 41(3) of the Countryside Act 1968 .

5

Omit articles 6 and 7.

6

(1) Article 8 is amended as follows.

(2) In paragraph (3), for “apply unless” substitute “ do not apply if ”.

(3) After paragraph (4) insert—

(5) For the purposes of this article, costs include costs— (a) to any person; and (b) to the environment.

7

After article 8 insert—

(8A) The Body must cooperate with the Environment Agency, and coordinate its activities with those of the Environment Agency, as may be appropriate in the circumstances.

8

(1) Article 9(2) is amended as follows.

(2) In sub-paragraph (c), after “form” insert “ or participate in the forming of ”.

(3) After sub-paragraph (d) insert—

(da) act, or appoint a person to act, as an officer of a body corporate or as a trustee of a charitable trust;

(4) In sub-paragraph (e), after “gifts” insert “ or contributions ”.

9

After article 9 insert—

(9A) (1) Without prejudice to the generality of the powers conferred by article 9, the Body is to be treated as both a local authority and a public body for the purposes of the provisions of the Local Authorities (Goods and Services) Act 1970 , except section 2(2). (2) But the Body may not, under section 1 of that Act, make arrangements which could be made under section 28(1) of the Public Bodies Act 2011 .

10

(1) Article 10 is amended as follows.

(2) The existing provision becomes paragraph (1).

(3) After paragraph (1) insert—

(2) The Body may advise the Welsh Ministers on the development and implementation of policies for or in relation to any matter in respect of which the Body exercises functions, whether or not it has been requested to do so.

11

After article 10 insert—

(10A) (1) The Body may provide advice or assistance, including training facilities, to any person on any matter in which the Body has knowledge, skill or experience. (2) The power conferred by paragraph (1) must not be exercised where the person to whom the advice or assistance is provided is outside Wales, except— (a) in accordance with a power or duty conferred or imposed by this or any other enactment; (b) with the consent in writing of the Welsh Ministers; or (c) in accordance with arrangements approved by the Welsh Ministers. (3) The Welsh Ministers may impose conditions when giving consent or approving arrangements under paragraph (2). (10B) (1) The Body may give financial assistance to any person in respect of any expenditure incurred or to be incurred by that person in doing anything which the Body considers conducive to the attainment of any objective which the Body seeks to attain in the exercise of its functions. (2) The Body may give financial assistance under this article by way of grant or loan (or partly in one way and partly in the other). (3) The Body may attach conditions to financial assistance under this article, which may include (without limitation) conditions requiring the repayment of the whole or part of any grant in specified circumstances. (4) The Body must exercise the power in paragraph (3) so as to ensure that any person receiving financial assistance in respect of premises to which the public are to be admitted (on payment or otherwise) makes appropriate provision for the needs of members of the public with disabilities. (5) In paragraph (4), “appropriate provision” (“darpariaeth briodol”) means such provision with respect to— (a) means of access to or within the premises; and (b) the parking facilities and sanitary conveniences to be available (if any), as is practicable and reasonable in the circumstances. (6) The Body may give financial assistance under this article only with the consent of the Welsh Ministers (which may be specific or general) or in accordance with arrangements approved by them. (10C) (1) The Body must make arrangements for the carrying out of research activities in respect of matters relevant to any of its functions. (2) The Body may— (a) carry out research activities on its own account or jointly with other persons; (b) commission or support research activities (whether by financial means or otherwise). (3) In exercising its functions under this article in relation to research into nature conservation, the Body must have regard to any common standards established under section 34(2)(c) of the Natural Environment and Rural Communities Act 2006 . (4) In this article— (a) “research activities” (“gweithgareddau ymchwil”) means research and related activities; (b) “related activities” (“gweithgareddau cysylltiedig”) includes, without limitation, the making of experiments and inquiries and the collection of statistics and information. (10D) The functions conferred by articles 10 to 10C are exercisable in relation to Wales and the Welsh zone. (10E) (1) The Body may institute criminal proceedings in England and Wales. (2) The Body may authorise persons to prosecute on its behalf in proceedings before magistrates' courts in England and Wales. (3) A person so authorised is entitled to prosecute in such proceedings even though that person is not a barrister or solicitor.

12

In article 11, for paragraphs (2) to (4) substitute—

(2) The power in paragraph (1) may also be exercised by the Secretary of State for the purpose of directing the Body as to the exercise of its relevant transferred functions, where the direction— (a) would have any effect in England; or (b) relates to water resources management, water supply, rivers or other watercourses, control of pollution of water resources, sewerage or land drainage, and would have any effect in the catchment areas of the rivers Dee, Wye and Severn. (3) The Welsh Ministers or the Secretary of State may give the Body general or specific directions for the implementation of any EU obligation or international obligation of the United Kingdom. (4) Except in an emergency, the power to give a direction under this article may be exercised only after consultation with the Body. (5) The Welsh Ministers may give a direction falling within paragraph (2) only after consulting the Secretary of State. (6) The Secretary of State may give a direction under this article only after consulting the Welsh Ministers. (7) Any power of the Welsh Ministers or Secretary of State to give directions to the Body under any other enactment is without prejudice to their powers to give directions under this article. (8) In this article, “relevant transferred functions” (“swyddogaethau trosglwyddedig perthnasol”) means any functions which— (a) were exercisable by the Environment Agency before 1 April 2013; and (b) are functions of the Body by virtue of the Natural Resources Body for Wales (Functions) Order 2013, but this is subject to paragraph (9). (9) For the purposes of the definition of “relevant transferred functions” (“swyddogaethau trosglwyddedig perthnasol”)— (a) a function of the Environment Agency was exercisable before 1 April 2013 whether or not the enactment conferring it had come into force before that date; but (b) a function is only a relevant transferred function when the enactment conferring the function has come into force.

13

After article 11 insert—

(11A) (1) A direction under article 11 must be in writing. (2) The Welsh Ministers or the Secretary of State (as the case may be) must publish any direction given to the Body— (a) under article 11; (b) under any other enactment for the purpose of implementing any EU obligation or international obligation of the United Kingdom, as soon as reasonably practicable after giving the direction, and must make copies available on request. (3) The power to give directions under article 11 includes power to vary or revoke the directions. (4) If the Welsh Ministers or the Secretary of State vary or revoke any direction given to the Body for the purpose of implementing any EU obligation of the United Kingdom (whether under article 11 or under any other enactment), they must— (a) publish the variation or revocation as soon as reasonably practicable; (b) make copies of the variation or revocation available on request. (5) The Body and any person exercising functions of the Body must comply with any direction given to the Body under article 11 or any other enactment. (6) In determining— (a) any appeal against, or reference or review of, a decision of the Body, or (b) any application transmitted from the Body, the person making the determination is bound by any direction given to the Body under article 11 or any other enactment to the same extent as the Body.

14

At the end of article 12 insert—

(3) The conditions which may be imposed include, without limitation, conditions as to the use of the money for the purposes of the Joint Nature Conservation Committee.

15

After article 12 insert—

(12A) (1) The Body may— (a) charge for work that it carries out and for goods, services and facilities that it provides; (b) allow another person to make charges, on such terms as the Body thinks fit, for facilities which that person provides under arrangements made under article 5H. (2) Any arrangement between the Body and another person entered into pursuant to paragraph (1) may, with the consent of the Welsh Ministers, include provision for the sharing of profits. (3) The powers conferred by this article are subject to any specific restriction on charging by the Body in particular cases or categories of case contained in this or any other enactment.

16

At the end of article 13 insert—

(8) This article is subject to section 118 of the Water Resources Act 1991 .

17

After article 13 insert—

(13A) (1) The Body must spend all sums which it receives in respect of the sale or other disposal of timber or other forest products on the exercise of its functions relating to forestry, forests, woods and woodland industries. (2) This article is subject to any determination or direction made by the Welsh Ministers under article 13.

18

After article 15 insert—

(16) In this Part— - “permit” (“hawlen”) means any registration, exemption, approval, permission, licence, consent, assent or other authorisation, however described; - “permitting decision” (“penderfyniad ynghylch hawlenni”) means any decision to— 1. grant or refuse an application for a permit; 2. suspend, vary or revoke a permit. (17) (1) The Body must— (a) develop, adopt and maintain a scheme (in this article referred to as a “publication scheme”) in relation to the publication of information about— (i) applications for permits made to the Body; and (ii) permitting decisions made by the Body; (b) publish information in accordance with its publication scheme; (c) from time to time review its publication scheme. (2) A publication scheme must— (a) specify classes of information which the Body publishes or intends to publish, which must include information about all applications for permits made by the Body in cases where the Body is responsible for determining the application; (b) specify the manner in which, and the time within which, information of each class is, or is intended to be, published; (c) specify whether the material is, or is intended to be, available to the public free of charge. (3) In developing, adopting or reviewing a publication scheme, the Body must— (a) consult such persons as it considers appropriate; (b) have regard to the public interest in— (i) allowing public access to information held by the Body; and (ii) the publication of information about applications for permits made to the Body and permitting decisions made by the Body. (4) A publication scheme must be approved by the Welsh Ministers. (5) If the Welsh Ministers refuse to approve a proposed publication scheme they must give the Body a statement of their reasons for doing so. (6) The Body must publish its publication scheme on its website and make copies of the scheme available on request. (7) This article is without prejudice to any other power or duty of the Body to publish or disclose information. (18) (1) This article applies to any application for a permit in respect of which all of the following conditions are met— (a) the Body is the applicant; (b) the Body is responsible for determining the application; (c) the Welsh Ministers may make a direction that the application be referred to them for determination. (2) The Body must notify the Welsh Ministers of the application at the time that it makes the application.

19

(1) The Schedule is amended as follows.

(2) Before paragraph 1 insert—

(A1) In this Schedule, references to employees of the Body include persons seconded to the Body.

(3) In paragraph 1(2), for “Property” substitute “ Subject to paragraph 1A, property ”.

(4) After paragraph 1 insert—

(1A) (1) This paragraph applies to land in which the Body has an interest and which is managed as a nature reserve. (2) For the purposes of the application of any enactment or rule of law to the land, the Body is to be treated as a government department. (3) An interest in land includes any estate in land and any right over land, whether the right is exercisable by virtue of the ownership of an interest in land or by virtue of a licence or agreement.

(5) In paragraph 2(1)(d), omit “fewer than 2 nor”.

(6) Omit paragraphs 3 and 4.

(7) In paragraph 5, omit “paragraph 4(3) where applicable and to”.

SCHEDULE 2 — ACTS OF PARLIAMENT

PART 1 — Public General Acts

Public Health Act 1936 (c. 49)

1

In section 343(1) of the Public Health Act 1936, in the definition of “land drainage authority”, for the words from “means” to “an” substitute “ means the Environment Agency, the Natural Resources Body for Wales or an ”.

Statistics of Trade Act 1947 (c. 39)

2

(1) Section 9A of the Statistics of Trade Act 1947 is amended as follows.

(2) In subsection (1)—

(a) in paragraph (a), after “the Environment Agency” insert “ , the Natural Resources Body for Wales ”;

(b) in paragraph (b), for “either of those Agencies authorised by that Agency” substitute “ any of those bodies authorised by that body ”.

(3) In subsection (2), for “Agency” substitute “ body ”.

Coast Protection Act 1949 (c. 74)

3

The Coast Protection Act 1949 is amended as follows.

4

(1) Section 2A is amended as follows.

(2) The existing provision becomes subsection (1).

(3) In subsection (1)—

(a) at the end of paragraph (a), omit “and”;

(b) for paragraph (b) substitute—

(b) the Environment Agency, in relation to coastal erosion risks in England, and (c) the Natural Resources Body for Wales, in relation to coastal erosion risks in Wales.

(4) After subsection (1) insert—

(2) In this Part, references to the area of a coastal erosion risk management authority are— (a) in relation to the Environment Agency, references to England, and (b) in relation to the Natural Resources Body for Wales, references to Wales.

5

(1) Section 4 is amended as follows.

(2) In subsection (1)—

(a) for “coast protection authority” substitute “ coastal erosion risk management authority ”;

(b) for “district” substitute “ area ”.

(3) In subsection (1B), for “district” substitute “ area ”.

(4) Omit subsection (1C).

6

(1) Section 5 is amended as follows.

(2) In subsections (1A), (3) and (5), for “Environment Agency” substitute “ appropriate agency ”.

(3) In subsection (5A)—

(a) after “the Environment Agency” insert “ or the Natural Resources Body for Wales ”;

(b) after “the Agency” insert “ or the Body ”.

(4) In subsection (6)(a), for the words before “(in the case of” substitute “ to the appropriate agency ”.

7

In section 8(1), for the words from “carried out, on” to “(in the case of” substitute “ carried out, on the appropriate agency (in the case of ”.

8

(1) Section 16(4) is amended as follows.

(2) For the words from “and to the” to “and to any” substitute “ and to the appropriate agency and to any ”.

(3) For the words from “by the” to “by any” substitute “ by the appropriate agency or by any ”.

9

(1) Section 17 is amended as follows.

(2) In subsection (3), for the words from “that area, to” to “and to any” substitute “ that area, to the appropriate agency and to any ”.

(3) In subsection (9), for the words from “by the” to “or an” substitute “ by the appropriate agency or an ”.

10

In section 45(1)(b), for the words from “including the” to “and an” substitute “ including the Environment Agency, the Natural Resources Body for Wales and an ”.

11

(1) Section 47(c) is amended as follows.

(2) In sub-paragraphs (i) and (ii), for the words from “by the” to “or an” substitute “ by the Environment Agency, the Natural Resources Body for Wales or an ”.

(3) In the closing words—

(a) for the words before “or the internal drainage board consents” substitute “ unless the Environment Agency, the Natural Resources Body for Wales ”;

(b) for the words from “on which” to “represented” substitute “ on which the Environment Agency, the Natural Resources Body for Wales or the internal drainage board is represented ”.

12

(1) Section 49(1) is amended as follows.

(2) In the appropriate places insert the following definitions—

“appropriate agency” means— (a) the Environment Agency in relation to work in England; (b) the Natural Resources Body for Wales in relation to work in Wales;

“England” includes the territorial sea adjacent to England not forming any part of Wales;

“Wales” has the meaning given by section 158 of the Government of Wales Act 2006;

(3) In the definition of “drainage authority”, for the words from “means” to “or” substitute “ means the Environment Agency, the Natural Resources Body for Wales or ”.

13

(1) In Schedule 1, paragraph 1 is amended as follows.

(2) In sub-paragraph (b), omit the words before “on any”.

(3) After sub-paragraph (b) insert—

(ba) on the Environment Agency if any part of the area affected by the order is in England, and on the Natural Resources Body for Wales if any part of the area affected by the order is in Wales;

14

(1) Schedule 2 is amended as follows.

(2) In paragraph 2, for the words from “notice on” to “catchment board” substitute “ notice on the Environment Agency (if any land to which the draft order relates is in England), the Natural Resources Body for Wales (if any land to which the draft order relates is in Wales), and on any catchment board ”.

(3) In paragraph 12, for the words from “notice on” to “catchment board” substitute “ notice on the Environment Agency (if any land to which the interim order relates is in England), the Natural Resources Body for Wales (if any land to which the interim order relates is in Wales), and on any catchment board ”.

National Parks and Access to the Countryside Act 1949 (c. 97)

15

The National Parks and Access to the Countryside Act 1949 is amended as follows.

16

In sections 4A(2) and 15A(1)(c), for “Countryside Council for Wales” substitute “ Natural Resources Body for Wales ”.

17

In section 16, for “Council”, in each place where it occurs, substitute “ Natural Resources Body for Wales ”.

18

In section 21(4), for “Council” substitute “ Natural Resources Body for Wales ”.

19

In section 50A(2), for “Countryside Council for Wales” substitute “ Natural Resources Body for Wales ”.

20

In section 65(5A), for “Council” substitute “ Natural Resources Body for Wales ”.

21

In sections 85 and 86A, for “Council”, in each place where it occurs (including in the headings to those sections), substitute “ Natural Resources Body for Wales ”.

22

In sections 90(4) and 91(1), for “Council” substitute “ Natural Resources Body for Wales ”.

23

In section 99(6), for the words from “incurred by” to “or an” substitute “ incurred by the Environment Agency, the Natural Resources Body for Wales or an ”.

24

(1) Section 114(1) is amended as follows.

(2) Omit the definition of “the Council”.

(3) For the definition of “drainage authority”, substitute—

“drainage authority” means— (a) as respects England, the Environment Agency; (b) as respects Wales, the Natural Resources Body for Wales; (c) in either case, an internal drainage board;

25

(1) In Schedule 1, paragraph 2 is amended as follows.

(2) In sub-paragraph (4), for the words from “represented” to “or a” substitute “ represented by the Environment Agency (as respects England), the Natural Resources Body for Wales (as respects Wales), or a ”.

(3) In sub-paragraph (5), for “Council”, in each place where it occurs, substitute “ Natural Resources Body for Wales ”.

Opencast Coal Act 1958 (c. 69)

26

(1) In section 7(8) of the Opencast Coal Act 1958, the definition of “statutory water undertakers” is amended as follows.

(2) In sub-paragraph (i) omit “and Wales”.

(3) At the end of sub-paragraph (i) omit “and”.

(4) At the end of sub-paragraph (ii) insert “ and ”.

(5) After sub-paragraph (ii) insert—

(iii) in Wales, the Natural Resources Body for Wales, a water undertaker or a sewerage undertaker.

Public Health Act 1961 (c. 64)

27

(1) Section 54(4) of the Public Health 1961 is amended as follows.

(2) For the words from “by the” to “or any” substitute “ by the Environment Agency, the Natural Resources Body for Wales or any ”.

(3) For the words from “with that” to “that board” substitute “ with that Agency, Body or board (as the case may be) ”.

Pipe-lines Act 1962 (c. 58)

28

In section 66(1) of the Pipe—lines Act 1962, in the definition of “statutory water undertakers”, for the words from “means” to “or” substitute “ means the Environment Agency, the Natural Resources Body for Wales or ”.

Plant Varieties and Seeds Act 1964 (c. 14)

29

(1) Section 29 of the Plant Varieties and Seeds Act 1964 is amended as follows.

(2) In subsection (2)—

(a) for “Forestry Commissioners” substitute “ appropriate authority ”;

(b) for “those Commissioners”, in each place where it occurs, substitute “ the appropriate authority ”;

(3) In subsection (3), for “Forestry Commissioners” substitute “ appropriate authority ”.

(4) After subsection (3) insert—

(4) In this section “appropriate authority” means— (a) in relation to Wales, the Welsh Ministers; (b) in all other respects, the Forestry Commissioners.

Harbours Act 1964 (c. 40)

30

The Harbours Act 1964 is amended as follows.

31

In section 58, for the words from “drainage board” to “water” substitute “ drainage board, the Environment Agency, the Natural Resources Body for Wales, a water ”.

32

In Part 1 of Schedule 3, in paragraph 18(4), in the definition of “the relevant conservation body”, for “the Countryside Council for Wales” substitute “ the Natural Resources Body for Wales ”.

Gas Act 1965 (c. 36)

33

The Gas Act 1965 is amended as follows.

34

In sections 8(5) and 9(5), for the words from “or by” to “it shall” substitute “ , by the Environment Agency or the Natural Resources Body for Wales, it shall ”.

35

(1) Section 15 is amended as follows.

(2) In subsection (2)(a), for the words from “or the” to “transporter” substitute “ , the Environment Agency or the Natural Resources Body for Wales, the gas transporter ”.

(3) In subsection (3), for the words from “are” to “provide” substitute “ are statutory water undertakers, the Environment Agency or the Natural Resources Body for Wales, the gas transporter shall, if the statutory water undertakers, the Environment Agency or the Natural Resources Body for Wales provide ”.

(4) In subsection (4), for the words from “or the” to “transporter” substitute “ , the Environment Agency or the Natural Resources Body for Wales, the gas transporter ”.

(5) In subsection (10), for the words from “undertakers” to “or any” substitute “ undertakers, the Environment Agency, the Natural Resources Body for Wales or any ”.

36

(1) Section 17(5) is amended as follows.

(2) Before paragraph (a) insert—

(za) for the Environment Agency, if it appears to them that the Environment Agency will or may have duties to discharge, or will or may have to take precautionary or preventive action in any event within paragraphs (a) and (b) of subsection (1), and (zb) for the Natural Resources Body for Wales, if it appears to them that the Natural Resources Body for Wales will or may have duties to discharge, or will or may have to take precautionary or preventive action in any such event, and

(3) In paragraph (a)—

(a) omit the words before “for every”;

(b) for “event within paragraphs (a) and (b) of subsection (1) of this section” substitute “ such event ”.

37

(1) Schedule 2 is amended as follows.

(2) In paragraphs 4(2) and 7(3), for paragraph (bb) substitute—

(bb) on the Environment Agency if any part of the storage area or protective area is in England, and on the Natural Resources Body for Wales if any part of either of those areas is in Wales, and

(3) In paragraph 12(1), for paragraph (bb) substitute—

(bb) on the Environment Agency if any part of the additional land is in England, and on the Natural Resources Body for Wales if any part of that land is in Wales, and

(4) In paragraph 16(2), for paragraph (bb) substitute—

(bb) on the Environment Agency if any part of the storage area or protective area is in England, and on the Natural Resources Body for Wales if any part of either of those areas is in Wales, and

38

(1) Schedule 3 is amended as follows.

(2) In paragraph 4—

(a) in sub-paragraph (1), for the words from “apply” to “for a” substitute “ apply to the appropriate agency for a ”;

(b) in sub-paragraph (2), for the words from “made” to “shall” substitute “ made, the appropriate agency shall ”;

(c) in sub-paragraph (3), for the words from “of the” to “statutory” substitute “ of the appropriate agency, a statutory ”;

(d) in sub-paragraph (4), for the words before “shall” substitute “ On issuing the certificate, the appropriate agency ”.

(3) In paragraph 5—

(a) in sub-paragraph (1), for the words before “has issued” substitute “ Where the appropriate agency ”;

(b) in sub-paragraph (3), for the words from “and to the” to “an” substitute “ and to the appropriate agency an ”;

(i) for the words from “made” to “for a” substitute “ made to the appropriate agency for a ”;

(ii) for the words from “applicant” to “end” substitute “ applicant and the appropriate agency, at the end ”;

(iii) for the words from “issued by” to “accordance” substitute “ issued by the appropriate agency in accordance ”;

(iv) for the words from “as if” to “had issued” substitute “ as if the appropriate agency had issued ”.

(4) In paragraph 6, for the words from “paragraph 5” to “or as” substitute “ paragraph 5 of this Schedule, the appropriate agency or as ”.

(5) After paragraph 8 insert—

(8A) In this Schedule, “the appropriate agency” means— (a) in relation to England, the Environment Agency; (b) in relation to Wales, the Natural Resources Body for Wales.

39

(1) In Schedule 4, paragraph 5 is amended as follows.

(2) In sub-paragraph (1), for the words from “undertakers” (in the first place where it occurs) to “provide” substitute “ undertakers, the Environment Agency or the Natural Resources Body for Wales, the gas transporter shall, if the statutory water undertakers, the Environment Agency or the Natural Resources Body for Wales provide ”.

(3) In sub-paragraph (2), for the words from “undertakers” to “shall” substitute “ undertakers, the Environment Agency or the Natural Resources Body for Wales, the gas transporter shall ”.

40

(1) In Schedule 6, paragraph 2(4) is amended as follows.

(2) For the words from “occupied by” to “or by” substitute “ occupied by the Environment Agency, the Natural Resources Body for Wales or by ”.

(3) For the words from “imposed” to “or, as” substitute “ imposed by the Environment Agency, by the Natural Resources Body for Wales or, as ”.

Nuclear Installations Act 1965 (c. 57)

41

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Mines (Working Facilities and Support) Act 1966 (c. 4)

42

In section 7A(4)(b)(i) of the Mines (Working Facilities and Support) Act 1966, for the words before “any” substitute “ the Environment Agency, the Natural Resources Body for Wales or ”.

Plant Health Act 1967 (c. 8)

43

In section 1(2) of the Plant Health Act 1967, for paragraphs (a) and (b) substitute—

(a) for England and Scotland— (i) as regards the protection of forest trees and timber from attack by pests (“timber” for this purpose including all forest products), the Forestry Commissioners, and (ii) otherwise, for England, the Secretary of State and, for Scotland, the Scottish Ministers, and (b) for Wales, the Welsh Ministers.

Forestry Act 1967 (c. 10)

44

The Forestry Act 1967 is amended as follows.

45

(1) Section 1 is amended as follows.

(2) After subsection (1) insert—

(1A) In this Act, “the appropriate forestry authority” means— (a) in relation to England and Scotland, the Commissioners; (b) in relation to Wales, the Natural Resources Body for Wales.

(3) In subsection (2)—

(a) for “Commissioners” substitute “ appropriate forestry authority ”;

(b) for “and in England and Wales” substitute “ in England and in Wales ”.

(4) In subsection (3)—

(a) for “Commissioners'” substitute “ appropriate forestry authority's ”;

(b) for “and in England and Wales” substitute “ in England and in Wales ”.

(5) In subsection (3A)—

(a) omit “under the Forestry Acts 1967 to 1979”;

(b) for “Commissioners” substitute “ appropriate forestry authority ”.

(6) After subsection (3A) insert—

(3B) In subsection (3A) “functions” means— (a) in relation to the Commissioners, functions under the Forestry Acts 1967 to 1979; (b) in relation to the Natural Resources Body for Wales, functions under this Act.

(7) In subsection (4)(a), omit “and Wales”.

(8) Omit subsection (5).

(9) In subsection (6), for “Great Britain” substitute “ England and Scotland ”.

46

(1) Section 3 is amended as follows.

(2) In subsection (1)—

(a) for “Commissioners”, in each place where it occurs, substitute “ appropriate forestry authority ”;

(b) for “England and Wales” substitute “ England or Wales ”;

(3) In subsection (2), for “Commissioners”, in the first place where it occurs, substitute “ appropriate forestry authority ”.

(4) In subsection (3), for “Commissioners” substitute “ appropriate forestry authority ”.

47

(1) Sections 5(1) and (2) and 6 are amended as follows.

(2) For “Commissioners”, in each place where it occurs, substitute “ appropriate forestry authority ”.

(3) For “England and Wales”, in each place where it occurs, substitute “ England or Wales ”.

48

In section 7, for “Commissioners”, in each place where it occurs, substitute “ appropriate forestry authority ”.

49

In section 7A(1), omit “and Wales”.

50

In section 8(1)(c), for “and in England and Wales” substitute “ in England and in Wales ”.

51

In section 8A, for “England and Wales” substitute “ England or (as the case may be) Wales ”.

52

In the heading to Part 2, omit “Commissioners'”.

53

(1) Section 9 is amended as follows.

(2) In subsection (1), for “Commissioners” substitute “ appropriate forestry authority ”.

(3) In subsection (3)(b)—

(a) in sub-paragraph (i), after “which are felled” insert “ in the relevant territory ”;

(b) in sub-paragraph (ii), for “Commissioners” substitute “ appropriate forestry authority ”.

(4) In subsection (5), for “Commissioners” substitute “ appropriate legislative authority ”.

(5) In subsection (6), after the definition of “quarter” insert—

“relevant territory” means— (a) England and Scotland where the felling is carried out in England or Scotland; (b) Wales where the felling is carried out in Wales;

54

(1) Section 10 is amended as follows.

(2) For “Commissioners”, in each place where it occurs (including in the heading), substitute “ appropriate forestry authority ”.

(3) In subsection (4)(b), for “England and Wales” substitute “ England or Wales ”.

55

In sections 11 to 13, for “Commissioners”, in each place where it occurs, substitute “ appropriate forestry authority ”.

56

(1) Section 14 is amended as follows.

(2) For “Commissioners”, in each place where it occurs, substitute “ appropriate forestry authority ”.

(3) In subsection (2), for “England and Wales” substitute “ England or Wales ”.

57

(1) Section 15 is amended as follows.

(2) For “Commissioners”, in each place where it occurs, substitute “ appropriate forestry authority ”.

(3) In subsection (1A)(a) , for “England and Wales” substitute “ England or Wales ”.

(4) In subsection (2), for “Commissioners'” substitute “ appropriate forestry authority's ”.

(5) In subsection (5A)(a), for “England and Wales” substitute “ England or Wales ”.

58

(1) Sections 16, 17A and 17B are amended as follows.

(2) For “Commissioners”, in each place where it occurs (including in the heading to section 17A), substitute “ appropriate forestry authority ”.

(3) For “England and Wales” substitute “ England or Wales ”.

59

In section 18, for “Commissioners”, in each place where it occurs (including in the cross-heading before that section), substitute “ appropriate forestry authority ”.

60

(1) Section 19 is amended as follows.

(2) For “Commissioners”, in each place where it occurs, substitute “ appropriate forestry authority ”.

(3) In subsection (3), for “England and Wales” substitute “ England or Wales ”.

(4) In the heading, for “Commissioners'” substitute “ appropriate forestry authority's ”.

61

(1) Sections 20 and 21(2) are amended as follows.

(2) For “England and Wales” substitute “ England or Wales ”.

(3) For “Commissioners”, in each place where it occurs, substitute “ appropriate forestry authority ”.

62

In section 22(3), for “Commissioners”, in each place where it occurs, substitute “ appropriate forestry authority ”.

63

In section 23(1), for “Commissioners” substitute “ appropriate legislative authority ”.

64

(1) Section 24 is amended as follows.

(2) For “Commissioners”, in each place where it occurs, substitute “ appropriate forestry authority ”.

(3) For “England and Wales” substitute “ England or Wales ”.

65

In section 25, for “England and Wales” substitute “ England or Wales ”.

66

In section 26, for “Commissioners”, in each place where it occurs, substitute “ appropriate forestry authority ”.

67

(1) Section 27 is amended as follows.

(2) In subsection (1)—

(a) for “England and Wales” substitute “ England or Wales ”;

(b) for “Provided that” to the end, substitute “ But this is subject to subsections (1A) and (1B). ”

(3) After subsection (1) insert—

(1A) The members of a committee appointed in relation to a case concerning trees or land in England or Scotland shall not include any Forestry Commissioner or employee of the Commissioners. (1B) The members of a committee appointed in relation to a case concerning trees or land in Wales shall not include any member or employee of the Natural Resources Body for Wales.

(4) In subsection (3)(c), for “Commissioners” substitute “ appropriate forestry authority ”.

(5) In subsection (4), omit “and Wales”.

68

In section 28, for “Commissioners”, in each place where it occurs, substitute “ appropriate forestry authority ”.

69

In section 30(5), for “Commissioners” substitute “ appropriate forestry authority ”.

70

(1) Section 32 is amended as follows.

(2) In subsection (1), for “The Commissioners may, subject” substitute “ The appropriate legislative authority may, subject (in the case of the Commissioners) ”.

(3) In subsection (3)—

(a) after “Act” insert “ by the Commissioners ”;

(b) omit “and Wales”;

(4) In subsection (4), omit “and Wales”.

(5) After subsection (5) insert—

(5A) A statutory instrument containing regulations under this Part making provision only as regards Wales— (a) in the case of regulations under section 9(5)(b) or (c), must not be made unless a draft of the instrument has been laid before, and approved by resolution of, the National Assembly for Wales; (b) in a case not falling within paragraph (a), is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

71

(1) Section 35 is amended as follows.

(2) In the definitions of “conservancy” and “felling directions”, for “Commissioners” substitute “ appropriate forestry authority ”.

(3) In the definition of “prescribed”, for “Commissioners” substitute “ appropriate legislative authority ”.

72

(1) Section 37 is amended as follows.

(2) For subsection (1) substitute—

(1) For the purposes of advising the appropriate forestry authority as to the performance of their functions under section 1(3) and Part II of this Act, and such other functions as the appropriate forestry authority may from time to time determine— (a) the Commissioners shall continue to maintain, in relation to England and Scotland, the central advisory committee known as the Home Grown Timber Advisory Committee; and (b) the appropriate forestry authority shall continue to maintain a regional advisory committee for each conservancy (within the meaning of Part II of this Act) in Great Britain.

(3) In subsection (3), for “Commissioners” substitute “ appropriate forestry authority ”.

(4) For the heading substitute “ Advisory committees ”.

73

(1) Section 38 is amended as follows.

(2) For subsection (1) substitute—

(1) The chairman and other members of the Home Grown Timber Advisory Committee shall be appointed by the Commissioners. (1A) The chairman and other members of each regional advisory committee shall be appointed by the appropriate forestry authority. (1B) A chairman or member appointed under subsection (1) or (1A) shall hold and vacate office in accordance with the terms of the instrument by which they are appointed.

(3) In subsection (3), for “Commissioners” substitute “ appropriate forestry authority ”.

(4) In subsection (4), for “or of a regional advisory committee” substitute “ , and the appropriate forestry authority may pay to the members of a regional advisory committee, ”.

74

(1) Section 39 is amended as follows.

(2) In subsection (1), for “England and Wales” substitute “ England or Wales ”.

(3) For “Commissioners”, in each place where it occurs, substitute “ appropriate forestry authority ”.

75

(1) Section 40(3) is amended as follows.

(2) For “Commissioners”, in each place where it occurs, substitute “ appropriate forestry authority ”.

(3) In paragraph (a)(i), for “England and Wales” substitute “ England or Wales ”.

76

(1) Section 46 is amended as follows.

(2) In subsection (1)—

(a) for “Commissioners” substitute “ appropriate legislative authority ”;

(b) for “their” substitute “ the ”;

(3) In subsection (2)—

(a) in the opening words, for “Commissioners'” substitute “ appropriate legislative authority's ”;

(b) in paragraph (a), for “Commissioners” substitute “ appropriate forestry authority ”.

(4) In subsection (4) omit “and Wales”.

(5) After subsection (4B) insert—

(4C) A draft of any statutory instrument containing byelaws under this section with respect to land in Wales must be laid before the National Assembly for Wales.

(6) In the heading, for “Commissioners'” substitute “ Appropriate legislative authority's ”.

77

(1) Section 48 is amended as follows.

(2) In subsection (1)—

(a) for “Commissioners”, in each place where it occurs, substitute “ appropriate enforcement authority ”;

(b) for “them” substitute “ the appropriate enforcement authority ”.

(3) After subsection (1) insert—

(1A) In subsection (1) “the appropriate enforcement authority” means— (a) in relation to powers and duties of the Commissioners, the Commissioners; (b) in relation to powers and duties of the Welsh Ministers, the Welsh Ministers; (c) in relation to powers and duties of the Natural Resources Body for Wales, the Natural Resources Body for Wales.

(4) In subsections (2) and (3), for “Commissioners”, in each place where it occurs, substitute “ appropriate forestry authority ”.

78

In section 49(1), in the appropriate place insert—

“the appropriate forestry authority” has the meaning given by section 1(1A); “the appropriate legislative authority” means— (a) the Commissioners, in relation to England and Scotland; (b) the Welsh Ministers, in relation to Wales;

79

(1) In Schedule 6, paragraph 4 is amended as follows.

(2) In sub-paragraph (2), after “For the purposes of this Act” insert “ but subject to sub-paragraph (3), ”.

(3) After sub-paragraph (2) insert—

(3) Any land in Wales which, immediately prior to 1 April 2013, was treated as being placed at the disposal of the Commissioners pursuant to sub-paragraph (2) shall thereafter be treated as being placed at the disposal of the Natural Resources Body for Wales by virtue of section 39(1) of this Act, without prejudice to the power of the Welsh Ministers to make any other disposition with regard to that land.

Parliamentary Commissioner Act 1967 (c. 13)

80

(1) Schedule 2 to the Parliamentary Commissioner Act 1967 is amended as follows.

(2) In the list of departments etc subject to investigation, in the appropriate place insert— “ Natural Resources Body for Wales. ”

(3) In the notes following the list of departments etc, in the appropriate place insert—

In the case of the Natural Resources Body for Wales no investigation is to be conducted in respect of any action in connection with functions of that body in relation to Wales (within the meaning of the Government of Wales Act 2006).

Agriculture Act 1967 (c. 22)

81

The Agriculture Act 1967 is amended as follows.

82

In section 46(3), for “the Forestry Commission” substitute “ the appropriate forestry authority ”.

83

In section 49(3)(c), for “the Forestry Commission”, in each place where it occurs, substitute “ the appropriate forestry authority ”.

84

In section 50(3), for paragraph (g) substitute—

(g) the Environment Agency, the Natural Resources Body for Wales or any water undertaker or sewerage undertaker;

85

In section 52(2)(a), for “the Forestry Commission” substitute “ the appropriate forestry authority ”.

86

In section 57(1), in the appropriate place insert—

“the appropriate forestry authority” means the Forestry Commission in relation to England and Scotland and the Natural Resources Body for Wales in relation to Wales;

Sea Fish (Conservation) Act 1967 (c. 84)

87

(1) Section 18 of the Sea Fish (Conservation) Act 1967 is amended as follows.

(2) In subsection (1), for the words from “any waters” to “under the Salmon and Freshwater Fisheries Act 1975” substitute “ the waters specified in subsection (1A) ”.

(3) After subsection (1) insert—

(1A) The waters specified for the purposes of subsection (1) are any waters which are included in the area in relation to which— (a) by virtue of section 6(7) of the Environment Act 1995, the Environment Agency; or (b) by virtue of section 6(7A) of that Act, the Natural Resources Body for Wales, carries out functions relating to fisheries under the Salmon and Freshwater Fisheries Act 1975.

Countryside Act 1968 (c. 41)

88

The Countryside Act 1968 is amended as follows.

89

For the cross-heading before section 1 substitute— “ The Natural Resources Body for Wales ”.

90

Omit section 1.

91

(1) Section 2 is amended as follows.

(2) Omit subsections (1), (4) and (7).

(3) For “Council”, in each place where it occurs, substitute “ NRBW ”.

(4) Accordingly, the heading to section 2 becomes “ Countryside Functions of Natural Resources Body for Wales ”.

92

In section 4, for “Council”, in each place where it occurs, substitute “ NRBW ”.

93

(1) Section 8 is amended as follows.

(2) In subsection (4), for “and such” substitute “ (if the country park is in England), the NRBW (if the country park is in Wales), and in either case, such ”.

(3) In subsection (5), for “Council” substitute “ NRBW ”.

94

(1) Section 12 is amended as follows.

(2) In subsection (4), for the words from “consent of” to “such” substitute “ consent of the Environment Agency if the works are to take place in England, of the NRBW if the works are to take place in Wales, and in either case of such ”.

(3) In subsection (5), for “Council” substitute “ NRBW ”.

95

In sections 13(4), 15 and 15A, for “Council”, in each place where it occurs, substitute “ NRBW ”.

96

In section 16(7), for the words from “consent of” to “such” substitute “ consent of the Environment Agency if the land is in England, of the NRBW if the land is in Wales, and in either case of such ”.

97

In section 23, omit subsection (5).

98

(1) Section 24 is amended as follows.

(2) In subsection (1)—

(a) for “the said Commissioners” substitute “ the appropriate forestry authority ”;

(b) for “the Commissioners'” substitute “ the appropriate forestry authority's ”.

(3) In subsection (2), for “the Commissioners” substitute “ the appropriate forestry authority ”.

(4) After subsection (5) insert—

(6) In this section, “the appropriate forestry authority” means— (a) in relation to England, the Forestry Commissioners constituted under the Forestry Acts 1919 to 1945; and (b) in relation to Wales, the NRBW.

99

(1) Section 24A(1) is amended as follows.

(2) Omit “and Wales”.

(3) For “the said Commissioners” substitute “ the Forestry Commissioners constituted under the Forestry Acts 1919 to 1945 ”.

100

In section 37, for “Council” substitute “ NRBW ”.

101

(1) Section 38 is amended as follows.

(2) For “Council” substitute “ NRBW ”.

(3) For the words from “belongs” to “water undertaker is” substitute “ belongs to the Environment Agency, the NRBW or a water undertaker or which the Agency, the NRBW or a water undertaker is ”.

102

In section 41, for “Council”, in each place where it occurs, substitute “ NRBW ”.

103

In section 45(1), for “Council” substitute “ NRBW ”.

104

Omit section 46(2).

105

(1) Section 49(2) is amended as follows.

(2) Omit the definition of “the Council”.

(3) In the appropriate place insert—

“the NRBW” means the Natural Resources Body for Wales;

Conservation of Seals Act 1970 (c. 30)

106

The Conservation of Seals Act 1970 is amended as follows.

107

(1) Section 10 is amended as follows.

(2) For “the Secretary of State”, in each place where it occurs, substitute “ the appropriate licensing authority ”.

(3) In subsection (3)(b)—

(a) for “the appropriate nature conservation body” substitute “ Natural England ”;

(b) after “an area” insert “ in, or in waters adjacent to, England ”.

(4) Omit subsection (5).

(5) After subsection (6) insert—

(7) In this section “the appropriate licensing authority” means— (a) the Natural Resources Body for Wales where the area in question is in Wales; (b) in any other case, the Marine Management Organisation. (8) In subsection (7)(a), “Wales” has the meaning given by section 158 of the Government of Wales Act 2006.

108

In section 13, after “the Secretary of State” insert “ , the Welsh Ministers and the Natural Resources Body for Wales ”.

Superannuation Act 1972 (c. 11)

109

(1) In Schedule 1 to the Superannuation Act 1972, the list of “Other Bodies” is amended as follows.

(2) Omit “The Countryside Council for Wales.”

(3) In the appropriate place insert— “ Employment by the Natural Resources Body for Wales. ”

Local Government Act 1974 (c. 7)

110

In the Local Government Act 1974, omit section 9.

Health and Safety at Work etc. Act 1974 (c. 37)

111

The Health and Safety at Work etc. Act 1974 is amended as follows.

112

(1) Section 28 is amended as follows.

(2) In subsection (3)(a), after “the Environment Agency,” insert “ the Natural Resources Body for Wales, ”.

(3) In subsection (4), after “the Environment Agency,” insert “ the Natural Resources Body for Wales, ”.

(4) In subsection (5)(a), after “the Environment Agency” insert “ or of the Natural Resources Body for Wales ”.

113

In section 38, for “or the Environment Agency” substitute “ , the Environment Agency or the Natural Resources Body for Wales ”.

Control of Pollution Act 1974 (c. 40)

114

The Control of Pollution Act 1974 is amended as follows.

115

In section 30(1), in the definition of “the appropriate Agency”—

(a) in paragraph (a), omit “and Wales”;

(b) after that paragraph insert—

(aa) in relation to Wales, the Natural Resources Body for Wales; and

116

In section 62(2)(a), after “the Environment Agency,” insert “ the Natural Resources Body for Wales, ”.

Reservoirs Act 1975 (c. 23)

117

The Reservoirs Act 1975 is amended as follows .

118

(1) Section 1 is amended as follows.

(2) In subsection (4)(a), for the words from “by” to “may be,” substitute “ by the Environment Agency, the Natural Resources Body for Wales (the “NRBW”) or a water undertaker, the Environment Agency, the NRBW or, as the case may be, the water ”.

(3) In subsection (4A), omit “and Wales”.

(4) After subsection (4B) insert—

(4C) The “area” of the NRBW, in its capacity as a relevant authority for the purposes of this Act, is the whole of Wales.

(5) After subsection (5) insert—

(5A) In this Act, “appropriate agency” means— (a) in relation to reservoirs in England, the Environment Agency; (b) in relation to reservoirs in Wales, the NRBW.

119

(1) Section 2 is amended as follows.

(2) In subsection (1)—

(a) omit “and Wales,”;

(b) after “the Environment Agency” insert “ , in Wales the NRBW ”.

(3) In subsection (2A)—

(a) after “the Environment Agency” insert “ or the NRBW ”;

(b) after “the Agency” insert “ or the NRBW ”.

120

In sections 2A to 2D , for “the Environment Agency” and “the Agency”, in each place where they occur, substitute “ the appropriate agency ”.

121

(1) Section 12A is amended as follows.

(2) In subsection (2)—

(a) in paragraph (b), after “the Environment Agency” insert “ or the NRBW ”;

(b) in paragraph (c)—

(i) after “the Environment Agency” insert “ or the NRBW ”;

(ii) after “that Agency” insert “ , by the NRBW ”.

(3) In subsection (3)—

(a) in paragraph (b), after “the Environment Agency” insert “ if the reservoir concerned is in England or any of the flooding to which the plan relates would be in England ”;

(b) after paragraph (b) insert—

(ba) the NRBW if the reservoir concerned is in Wales or any of the flooding to which the plan relates would be in Wales;

122

In sections 21B(1) and 22(6), for “Environment Agency” substitute “ appropriate agency ”.

123

(1) Section 22A is amended as follows.

(2) After “the Environment Agency” insert “ or the NRBW ”.

(3) Accordingly, the heading to section 22A becomes “ Service of notices by the Environment Agency and the NRBW ”.

124

In section 27A(2), for “Environment Agency” substitute “ appropriate agency ”.

125

In Schedule 1, in the list of defined expressions, in the appropriate places insert—

Appropriate agency	Section 1(5A)
Area (in relation to the NRBW)	Section 1(4C)
---	---
NRBW	Section 1(4)(a)
---	---

House of Commons Disqualification Act 1975 (c. 24)

126

(1) Schedule 1 to the House of Commons Disqualification Act 1975 is amended as follows.

(2) In Part 2, in the list of bodies of which all members are disqualified, in the appropriate place insert— “ The Natural Resources Body for Wales. ”

(3) In Part 3, in the list of other disqualifying offices, omit “Any member of the Countryside Council for Wales in receipt of remuneration.”

Salmon and Freshwater Fisheries Act 1975 (c. 51)

127

The Salmon and Freshwater Fisheries Act 1975 is amended as follows.

128

In sections 1(2) and 2(5), for the words after “in writing of” substitute “ the appropriate agency ”.

129

In section 4(3), for the words from “except” to “or” substitute “ except by the appropriate agency or ”.

130

(1) Section 5 is amended as follows.

(2) In subsection (2)(b), for the words from “of” to “may” substitute “ of the appropriate agency, for which that agency may ”.

(3) In subsection (2A), for “Agency” substitute “ appropriate agency ”.

131

(1) Section 9 is amended as follows.

(2) In subsection (1), in the closing words—

(a) for the words from “given by” to “within” substitute “ given by the appropriate agency and within ”;

(b) for “as the Agency may” substitute “ as the appropriate agency may ”.

(3) In subsection (3), for the words before “may cause” substitute “ The appropriate agency ”.

132

(1) Section 10 is amended as follows.

(2) In subsection (1), for the words before “may construct” substitute “ The appropriate agency ”.

(3) In subsection (2), for the words before “may abolish” substitute “ The appropriate agency ”.

(4) In subsection (3)—

(a) for the words from “incurred by” to “repairing” substitute “ incurred by the appropriate agency in repairing ”;

(b) for the words after “recovered” substitute “ by the appropriate agency in a summary manner ”.

(5) Accordingly, in the heading to section 10, for the words before “to construct” substitute “ Power of appropriate agency ”.

133

In section 11, for “Agency” and “Agency's”, in each place where they occur, substitute “ appropriate agency ” and “ appropriate agency's ” respectively.

134

In section 12(2), for the words from “by” to “he” substitute “ by the appropriate agency he ”.

135

(1) Section 13 is amended as follows.

(2) In subsection (1), for the words from “granted” to “sluices” substitute “ granted by the appropriate agency, any sluices ”.

(3) In subsection (3), for the words from “given” to “cleaning” substitute “ given by the appropriate authority, for cleaning ”.

136

In section 14(2) and (3), for “Agency” substitute “ appropriate agency ”.

137

(1) Section 15 is amended as follows.

(2) In subsection (1)—

(a) for the opening words, substitute “ The appropriate agency— ”;

(b) in paragraph (a)—

(i) for “they” substitute “ it ”;

(ii) for the words from “expense” to “suitable” substitute “ expense of the appropriate agency, at a suitable ”;

(3) In subsection (3), for the words before “may” substitute “ The appropriate agency ”.

(4) In subsection (4), in the closing words, for the words from “authorise” to “prejudicially” substitute “ authorise the appropriate agency prejudicially ”.

(5) Accordingly, in the heading to section 15, for the words before “to use” substitute “ Power of appropriate agency ”.

138

(1) Section 18 is amended as follows.

(2) In subsection (2), for “Agency”, in each place where it occurs, substitute “ appropriate agency ”.

(3) In subsection (3)—

(a) in paragraph (b), for the words from “done” to “under” substitute “ done by the appropriate agency under ”;

(b) in the closing words, for the words from “from” to “compensation” substitute “ from the appropriate agency compensation ”.

(4) In subsection (5), for the words from “in which” to “liable” substitute “ in which the appropriate agency is liable ”.

139

(1) Section 25 is amended as follows.

(2) In subsection (1), for “Agency” substitute “ appropriate agency ”.

(3) In subsection (7), for the words from “between” to “and the licensee” substitute “ between the appropriate agency and the licensee ”.

(4) In subsection (10), for “Agency” substitute “ appropriate agency ”.

140

(1) Section 26 is amended as follows.

(2) In subsection (1), in the opening words, for the words from “section” to “may” substitute “ section, the appropriate agency may ”.

(3) In subsections (1A) and (1B), for “Agency” substitute “ appropriate agency ”.

(4) In subsection (2), for the words from “shall require” to “publish” substitute “ shall require the appropriate agency to publish ”.

(5) In subsection (4), for “Agency”, in each place where it occurs, substitute “ appropriate agency ”.

(6) In subsection (6)—

(a) for the words from “consent” to “vary” substitute “ consent of the appropriate agency vary ”;

(b) for the words from “require” to “publish” substitute “ require the appropriate agency to publish ”.

(7) In subsection (7), for the words from “made by” to “and” substitute “ made by the appropriate agency and ”.

141

In section 27A, for “Agency”, in each place where it occurs, substitute “ appropriate agency ”.

142

In section 30, for the words from “consent” to “or the inland water” substitute “ consent of the appropriate agency or the inland water ”.

143

(1) Section 31(1) is amended as follows.

(2) In the opening words, for the words from “water bailiff” to “and” substitute “ water bailiff appointed by the appropriate agency and ”.

(3) In paragraph (c), in the opening words, for the words from “fishing” to “area” substitute “ fishing in the appropriate agency's area ”.

144

(1) Section 32 is amended as follows.

(2) In subsection (1)—

(a) in the opening words, for “subsection” substitute “ subsections (1A) and ”;

(b) in paragraph (a), for the words after “officer of” substitute “ the appropriate agency, under a special order in writing from that agency, and ”.

(3) After subsection (1) insert—

(1A) The appropriate agency may make an order under subsection (1)(a) for the purpose of preventing any offence being committed in its area.

145

In section 33(1) and (2), for the words from “officer” to “any person” substitute “ officer of the appropriate agency, or any person ”.

146

In section 35, for “Agency”, in each place where it occurs, substitute “ appropriate agency ”.

147

(1) Section 37A is amended as follows.

(2) For “Agency”, in each place where it occurs except in subsection (5), substitute “ appropriate agency ”.

(3) After subsection (5) insert—

(5A) The amount by which the sums received by the Natural Resources Body for Wales by way of fixed penalties exceed the sums repaid by it under subsection (4)(a) above shall be paid into the Welsh Consolidated Fund.

148

In section 40, for the words from “agreement” to “maintain” substitute “ agreement of the appropriate agency) to maintain ”.

149

(1) Section 41 is amended as follows.

(2) In subsection (1)—

(a) in the appropriate places insert the following definitions—

“the appropriate agency” means—

the Agency, except in relation to Wales (within the meaning of the Government of Wales Act 2006); and

the Natural Resources Body for Wales, in relation to Wales (within that meaning);

“area”, in relation to the appropriate agency, means the area in relation to which it carries out its functions relating to fisheries by virtue of— (a) section 6(7) of the Environment Act 1995, in the case of the Agency; (b) section 6(7A) of that Act, in the case of the Natural Resources Body for Wales;

(b) in the definition of “authorised officer”, in paragraph (a), for the words after “officer of” substitute “ the appropriate agency; ”.

(3) In subsection (3), for the words from “authorising” to “any other” substitute “ authorising the appropriate agency or any other ”.

150

(1) Schedule 2 is amended as follows.

(2) In paragraph 1—

(a) in sub-paragraph (1), for the words after “Schedule by” substitute “ the appropriate agency ”;

(b) in sub-paragraph (2), for the words before “may” substitute “ The appropriate agency ”.

(3) In paragraph 3—

(a) for the words before “shall at least” substitute “ The appropriate agency ”;

(b) for “their”, in each place where it occurs, substitute “ its ”.

(4) In paragraph 4, for the words from “person” to “shall” substitute “ person, the appropriate agency shall ”.

(5) In paragraph 5—

(a) for the words from “submitted” to “for” substitute “ submitted by the appropriate agency for ”;

(b) for the words from “and” to “directed” substitute “ and the appropriate agency, if so directed ”.

(6) In paragraph 7, for the words before “may grant” substitute “ The appropriate agency ”.

(7) In paragraph 8, for the words from “agreed” to “and” substitute “ agreed by the appropriate agency and ”.

(8) In paragraph 9—

(a) in sub-paragraphs (1)(c) and (2)(c), for the words from “consent” to “to” substitute “ consent of the appropriate agency to ”;

(b) in sub-paragraph (3)—

(i) in the opening words, for the words before “shall” substitute “ The consent of the appropriate agency ”;

(ii) in paragraphs (a) and (b), for the words from “appears” to “to be” substitute “ appears to the appropriate agency to be ”.

(9) In paragraph 10—

(a) for the words from “employee” to “authorised” substitute “ employee of the appropriate agency authorised ”;

(b) for the words after “notified to” substitute “ the appropriate agency ”.

(10) In paragraph 11, for the words after “sent to” substitute “ the appropriate agency ”.

(11) In paragraph 13—

(a) for the words from “opinion” to “required” substitute “ opinion of the appropriate agency are required ”;

(b) for the words from “notifies” to “at the time” substitute “ notifies the appropriate agency at the time ”.

(12) In paragraph 14A(1) and (4), for “Agency” substitute “ appropriate agency ”.

(13) In paragraph 15, for the words from “granted” to “every” substitute “ granted by the appropriate agency to every ”.

(14) In paragraph 18, for the words from “issued” to “as to” substitute “ issued by the appropriate agency as to ”.

151

In Part 3 of Schedule 3, in the opening words of paragraph 39(1), for the words after “Water Resources Act 1991,” substitute “ the appropriate agency— ”.

152

(1) Part 2 of Schedule 4 is amended as follows.

(2) In paragraph 6(b), for the words after “references to” substitute “ the appropriate agency; and ”.

(3) In paragraph 11—

(a) in sub-paragraph (a), for the words from “order” to “prosecuted” substitute “ order to the appropriate agency, unless that agency prosecuted ”;

(b) in sub-paragraph (b), for the words from “forward” to “who” substitute “ forward it to the appropriate agency, who ”.

(4) In paragraph 12, for the words after “conviction to” substitute “ the appropriate agency ”.

Local Government (Miscellaneous Provisions) Act 1976 (c. 57)

153

In section 44 of the Local Government (Miscellaneous Provisions) Act 1976, after subsection (1B) insert—

(1C) In relation to the Natural Resources Body for Wales, section 16 of this Act shall have effect— (a) as if that Body were a local authority; and (b) as if, in its application by virtue of paragraph (a), any reference to a function were a reference to the Body's relevant transferred functions (within the meaning of article 11 of the Natural Resources Body for Wales (Establishment) Order 2012 (S.I. 2012/1903)).

Rent (Agriculture) Act 1976 (c. 80)

154

In section 30(8) of the Rent (Agriculture) Act 1976, after “the Forestry Commissioners” insert “ in relation to land in England and the Natural Resources Body for Wales in relation to land in Wales ”.

Forestry Act 1979 (c. 21)

155

The Forestry Act 1979 is amended as follows.

156

(1) Section 1(1) is amended as follows.

(2) Omit “and Wales”.

(3) After “lessees of land” insert “ in England and Scotland ”.

157

(1) Section 2 is amended as follows.

(2) In subsection (2), for “The Forestry Commissioners” substitute “ The appropriate authority ”.

(3) In subsection (4), for “the Commissioners” substitute “ the appropriate authority ”.

(4) In subsection (5)—

(a) in paragraph (a), for “the Commissioners” substitute “ the appropriate authority ”;

(b) in paragraph (b), at the end insert “ (in the case of regulations made by the Forestry Commissioners) or of the National Assembly for Wales (in the case of regulations made by the Welsh Ministers) ”.

(5) After subsection (5) insert—

(6) In this section “the appropriate authority” means— (a) in relation to England, the Forestry Commissioners; (b) in relation to Wales, the Welsh Ministers.

Import of Live Fish (England and Wales) Act 1980 (c. 27)

158

In section 1(2) of the Import of Live Fish (England and Wales) Act 1980, for “the Countryside Council for Wales” substitute “ the Natural Resources Body for Wales ”.

Local Government, Planning and Land Act 1980 (c. 65)

159

In section 185(2)(b) of the Local Government, Planning and Land Act 1980, for the words from “which” to “may” substitute “ which the Environment Agency or the Natural Resources Body for Wales may ”.

Highways Act 1980 (c. 66)

160

The Highways Act 1980 is amended as follows.

161

(1) Section 105B(8) is amended as follows.

(2) In paragraph (b)—

(a) in sub-paragraph (i), after “English Heritage” insert “ , the Environment Agency ”;

(b) in sub-paragraph (ii), for “the Countryside Council for Wales” substitute “ the Natural Resources Body for Wales ”.

(3) In paragraph (c)—

(a) in sub-paragraph (i), for “the Countryside Council for Wales” substitute “ the Natural Resources Body for Wales ”;

(b) in sub-paragraph (ii), at the end insert “ and ”.

(4) Omit paragraph (d) (including the “and” at the end).

162

In section 107(4), for the words from “this Act” to “or any” substitute “ this Act by the Environment Agency, the Natural Resources Body for Wales or any ”.

163

In section 119D(12) , in the definition of “the appropriate conservation body”, in paragraph (b), for “the Countryside Council for Wales” substitute “ the Natural Resources Body for Wales ”.

164

In section 120(2)(c), for “the Countryside Council for Wales” substitute “ the Natural Resources Body for Wales ”.

165

In section 254(4)(a), for the words after “internal drainage board” substitute “ , the Environment Agency or the Natural Resources Body for Wales without the consent of that body, or ”.

166

(1) Section 276 is amended as follows.

(2) For the words from “maintenance by” to “internal” substitute “ maintenance by the Environment Agency, the Natural Resources Body for Wales or an internal ”.

(3) For the words from “incurred” to “or board” substitute “ incurred by that body ”.

167

In section 329(1), in the definitions of “drainage authority” and “water undertakers”, for the words from “means” to “or” substitute “ means the Environment Agency, the Natural Resources Body for Wales or ”.

168

(1) Schedule 1 is amended as follows.

(2) In Part 1, in paragraph 3, in item (ii) of the Table, for the words before “and every” substitute “ The Environment Agency, the Natural Resources Body for Wales ”.

(3) In Part 2, in paragraph 11(b), for the words from “on” to “and” substitute “ on the Environment Agency, the Natural Resources Body for Wales and ”.

Wildlife and Countryside Act 1981 (c. 69)

169

The Wildlife and Countryside Act 1981 is amended as follows.

170

(1) Section 16 is amended as follows.

(2) Before subsection (9) insert—

(8C) In this section, in the case of a licence under any of subsections (1) to (4), so far as relating to Wales, “the appropriate authority” means the Natural Resources Body for Wales.

(3) In subsection (9), in the opening words, for “subsection (8A)” substitute “ subsections (8A) and (8C) ”.

(4) In subsection (12), after paragraph (b) insert—

(c) “Wales” has the meaning given by section 158 of the Government of Wales Act 2006.

171

(1) Section 27 is amended as follows.

(2) In subsection (1), in the definition of “authorised person”, for paragraph (d) substitute—

(d) any person authorised in writing by— (i) the Environment Agency, in relation to anything done in England; (ii) the Natural Resources Body for Wales, in relation to anything done in Wales; or (iii) a water undertaker or a sewerage undertaker,

(3) In subsection (3A), for “the Countryside Council for Wales” substitute “ the Natural Resources Body for Wales ”.

172

In section 27AA, for “the Countryside Council for Wales” substitute “ the Natural Resources Body for Wales and as if section 28D(2)(d) were omitted ”.

173

In section 34A(b), for “the Countryside Council for Wales” substitute “ the Natural Resources Body for Wales ”.

174

In section 36(7), in the definition of “relevant authority”, for the words from “local authority” to “water” substitute “ local authority, the Natural Resources Body for Wales, a water ”.

175

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