Modifications etc. (not altering text)
C1Pt. VII (ss. 128-139) applied (S.) (01.04.1992) by Natural Heritage (Scotland) Act 1991 (c. 28, SIF 46:1), s. 4(1); S.I. 1991/2633, art.4.
(1)There shall be a council to be called the Countryside Council for Wales (in this Part referred to as “the Council”).
[F2(1A)Except where otherwise expressly provided, the functions of the Countryside Council for Wales are exercisable in relation to Wales only.
In this Part “Wales” has the same meaning as in the Government of Wales Act 2006.]
(2)The Council shall have not less than 8 nor more than 12 members and those members shall be appointed by the National Assembly for Wales.
(3)The National Assembly for Wales may by order made by statutory instrument amend subsection (2) above so as to substitute for the number for the time being specified as the maximum membership of the Council such other number as the Assembly thinks appropriate.
(4)Schedule 6 has effect with respect to the constitution and proceedings of the Council.]
Textual Amendments
F1S. 128 substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 117(1); S.I. 2006/2541, art. 2
F2S. 128(1A) inserted (12.1.2010) by Marine and Coastal Access Act 2009 (c. 43), ss. 313(2), 324; S.I. 2009/3345, art. 2, Sch.
(1)The National Assembly for Wales may make to the Council grants of such amounts as the Assembly thinks fit.
(2)A grant under this section may be made subject to such conditions (including in particular conditions as to the use of the money for the purposes of the Joint Nature Conservation Committee) as the Assembly may think fit.]
Textual Amendments
F3S. 129 substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 118; S.I. 2006/2541, art. 2
(1)The Countryside Council for Wales shall F4. . . have such of the functions under the Acts amended by Schedule 8 to this Act (which relates to countryside matters) as are assigned to them in accordance with the amendments effected by that Schedule.
(2)The Countryside Council for Wales shall discharge those functions—
(a)for the conservation and enhancement of natural beauty in Wales and of the natural beauty and amenity of the countryside in Wales, both in the areas designated under the National Parks and Access to the Countryside Act 1949 as National Parks or [F5under the Countryside and Rights of Way Act 2000] as areas of outstanding natural beauty and elsewhere;
(b)for encouraging the provision or improvement, for persons resorting to the countryside in Wales, of facilities for the enjoyment thereof and for the enjoyment of the opportunities for open-air recreation and the study of nature afforded thereby;
and shall have regard to the social and economic interests of rural areas in Wales.
(3)The reference in subsection (2) above to the conservation of the natural beauty of the countryside includes the conservation of its flora, fauna and geological and physiographical features.
(4)The Countryside Council for Wales F6. . . shall discharge their F6. . . functions under those Acts (as amended by Schedule 8) on and after a day to be appointed by an order made by the Secretary of State.
Subordinate Legislation Made
P1S. 130(4): s. 130(4)(with ss. 131(3) and 164(3)) power fully exercised: 1.4.1991 appointed by S.I. 1991/685, art.4
Textual Amendments
F4Words in s. 130(1) repealed (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105, 107, Sch. 11 para. 119(a), Sch. 12; S.I. 2006/2541, art. 2
F5Words in s. 130(2)(a) inserted (30.1.2001 for E., 1.5.2001 for W.) by 2000 c. 37, s. 93, Sch. 15 Pt. I para. 11 (with s. 84(4)-(6)); S.I. 2001/114, art. 2(2)(e); S.I. 2001/1410, art. 2(g)
F6Words in s. 130(4) repealed (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105, 107, Sch. 11 para. 119(b), Sch. 12; S.I. 2006/2541, art. 2
Commencement Information
I1S. 130 in force at 1.4.1991 see s. 164(3) and S.I. 1991/685, art. 3
[F7(1)For the purpose of nature conservation and fostering the understanding of nature conservation, the Council shall have the functions conferred on them by this Part and Part 2 of the Natural Environment and Rural Communities Act 2006.]
(2)It shall be the duty of [F8the Council] in discharging their nature conservation functions to take appropriate account of actual or possible ecological changes.
(3)[F8The Council] shall discharge their nature conservation functions on and after a day to be appointed by an order made by the Secretary of State.
[F9(4)The National Assembly for Wales may give the Council general or specific directions with regard to the discharge of any of their nature conservation functions under this Part.]
(5)F10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6)In this Part “nature conservation” means the conservation of flora, fauna or geological or physiographical features.
Subordinate Legislation Made
P2S. 131(3): S. 130(4)(with ss. 131(3) and 164(3)) power exercised: 1.4.1991 appointed by S.I. 1991/685, art. 4
Textual Amendments
F7S. 131(1) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 120(2); S.I. 2006/2541, art. 2
F8Words in s. 131(2)(3) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 120(3); S.I. 2006/2541, art. 2
F9S. 131(4) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 120(4); S.I. 2006/2541, art. 2
F10S. 131(5) repealed (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105, 107, Sch. 11 para. 120(5), Sch. 12; S.I. 2006/2541, art. 2
Modifications etc. (not altering text)
C2S. 131: extension to Scotland continued (1.4.1992) (S.) by Natural Heritage (Scotland) Act 1991 (c. 28, SIF 46:1), s. 4(3); S.I. 1991/2633, art. 4
Commencement Information
I2Appointed day for specified provisions is 1.4.1991 see S.I.1991/685, art. 4(2)
(1)[F12The Council shall] have the following functions, namely—
(a)such of the functions previously discharged by the Nature Conservancy Council under the Acts amended by Schedule 9 to this Act as are assigned to them in accordance with the amendments effected by that Schedule;
(b)the establishment, maintenance and management of nature reserves (within the meaning of section 15 of the National Parks and Access to the M1Countryside Act 1949) in their area;
(c)the provision of advice for the Secretary of State or any other Minister on the development and implementation of policies for or affecting nature conservation in their area;
(d)the provision of advice and the dissemination of knowledge to any persons about nature conservation in their area or about matters arising from the discharge of their functions under this section or section 134 below;
(e)the commissioning or support (whether by financial means or otherwise) of research which in their opinion is relevant to any of their functions under this section or section 134 below;
F13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2)[F14The Council shall] have power—
(a)to accept any gift or contribution made to them for the purposes of any of the functions conferred on them by subsection (1) above or section 134 below and, subject to the terms of the gift or contribution, to apply it to those purposes;
(b)to initiate and carry out such research directly related to those functions as it is appropriate that they should carry out instead of commissioning or supporting other persons under paragraph (e) of that subsection;
and they may do all such other things as are incidental or conducive to those functions including (without prejudice to the generality of this provision) making charges and holding land or any interest in or right over land.
[F15(2A)The following functions are exercisable in relation to Wales and the Welsh zone—
(a)the functions conferred by paragraphs (c) to (e) of subsection (1);
(b)the functions conferred by subsection (2).
In this subsection “Welsh zone” has the same meaning as in the Government of Wales Act 2006.]
(3)F16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F11Words in s. 132 heading substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 121(5); S.I. 2006/2541, art. 2
F12Words in s. 132(1) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 121(2)(a); S.I. 2006/2541, art. 2
F13Words in s. 132(1) repealed (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105, 107, Sch. 11 para. 121(2)(b), Sch. 12; S.I. 2006/2541, art. 2
F14Words in s. 132(2) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 121(3); S.I. 2006/2541, art. 2
F15S. 132(2A) inserted (12.1.2010) by Marine and Coastal Access Act 2009 (c. 43), ss. 313(3), 324; S.I. 2009/3345, art. 2, Sch.
F16S. 132(3) repealed (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105, 107, Sch. 11 para. 121(4), Sch. 12; S.I. 2006/2541, art. 2
Modifications etc. (not altering text)
C3S. 132 extended (E.) (1.1.2005) by The Common Agricultural Policy Single Payment and Support Schemes (Cross Compliance) (England) Regulations 2004 (S.I. 2004/3196), reg. 6(4) (as amended (30.4.2005) by The Common Agricultural Policy Single Payment and Support Schemes (Cross Compliance) (England) (Amendment) Regulations 2005 (S.I. 2005/918), reg. 2(d)) (both S.I. 2004/3196 and S.I. 2005/918 were revoked (12.1.2006) by S.I. 2005/3459, reg. 10)
S. 132 extended (W.) (1.1.2005) by The Common Agricultural Policy Single Payment and Support Schemes (Cross Compliance) (Wales) Regulations 2004 (S.I. 2004/3280), reg. 6(5) (as substituted (1.11.2006) by The Common Agricultural Policy Single Payment and Support Schemes (Cross Compliance) (Wales) (Amendment) Regulations 2006 (S.I. 2006/2831), reg. 2(5))
S. 132 extended (E.) (12.1.2006) by The Common Agricultural Policy Single Payment and Support Schemes (Cross-compliance) (England) Regulations 2005 (S.I. 2005/3459), reg. 6(5)
C4S. 132(2) modified (E.) (1.1.2005) by The Common Agricultural Policy Single Payment and Support Schemes (Cross Compliance) (England) Regulations 2004 (S.I. 2004/3196), reg. 6(4) (as amended (30.4.2005) by The Common Agricultural Policy Single Payment and Support Schemes (Cross Compliance) (England) (Amendment) Regulations 2005 (S.I. 2005/918), reg. 2(d)) (both S.I. 2004/3196 and S.I. 2005/918 were revoked (12.1.2006) by S.I. 2005/3459, reg. 10)
C5S. 132(2) modified (W.) (1.1.2005) by The Common Agricultural Policy Single Payment and Support Schemes (Cross Compliance) (Wales) Regulations 2004 (S.I. 2004/3280), reg. 6(5) (as substituted (1.11.2006) by The Common Agricultural Policy Single Payment and Support Schemes (Cross Compliance) (Wales) (Amendment) Regulations 2006 (S.I. 2006/2831), reg. 2(5))
C6S. 132(2) modified (E.) (12.1.2006) by The Common Agricultural Policy Single Payment and Support Schemes (Cross-compliance) (England) Regulations 2006 (S.I. 2005/3459), reg. 6(5)
Commencement Information
I3S. 132 wholly in force at 1.4.1991 see s. 164(3) and S.I. 1991/685, art. 3
Marginal Citations
F17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F17S. 133 repealed (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105, 107, Sch. 11 para. 122, Sch. 12; S.I. 2006/2541, art. 2
(1)[F19The Council may], with the consent of or in accordance with a general authorisation given by [F20the National Assembly for Wales], give financial assistance by way of grant or loan (or partly in one way and partly in the other) to any person in respect of expenditure incurred or to be incurred by him in doing anything which in their opinion is conducive to nature conservation or fostering the understanding of nature conservation.
(2)F21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)On making a grant or loan [F22the Council] may impose such conditions as they think fit, including (in the case of a grant) conditions for repayment in specified circumstances.
(4)[F23The Council] shall exercise their powers under subsection (3) above so as to ensure that any person receiving a grant or loan under this section in respect of premises to which the public are to be admitted (on payment or otherwise) shall, in the means of access both to and within the premises, and in the parking facilities and sanitary conveniences to be available (if any), make provision, so far as it is in the circumstances both practicable and reasonable, for the needs of members of the public visiting the premises who are disabled.
[F24(5)The functions conferred by this section are exercisable in relation to Wales and the Welsh zone.
In this subsection “Welsh zone” has the same meaning as in the Government of Wales Act 2006.]
Textual Amendments
F18Words in s. 134 heading substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 123(6); S.I. 2006/2541, art. 2
F19Words in s. 134(1) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 123(2)(a); S.I. 2006/2541, art. 2
F20Words in s. 134(1) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 123(2)(b); S.I. 2006/2541, art. 2
F21S. 134(2) repealed (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105, 107, Sch. 11 para. 123(3), Sch. 12; S.I. 2006/2541, art. 2
F22Words in s. 134(3) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 123(4); S.I. 2006/2541, art. 2
F23Words in s. 134(4) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 123(5); S.I. 2006/2541, art. 2
F24S. 134(5) inserted (12.1.2010) by Marine and Coastal Access Act 2009 (c. 43), ss. 313(4), 324; S.I. 2009/3345, art. 2, Sch.
F25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F25S. 135 repealed (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105, 107, Sch. 11 para. 124, Sch. 12; S.I. 2006/2541, art. 2
F26. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F26S. 136 repealed (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105, 107, Sch. 11 para. 124, Sch. 12; S.I. 2006/2541, art. 2
F27. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F27S. 137 repealed (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105, 107, Sch. 11 para. 124, Sch. 12; S.I. 2006/2541, art. 2
F28. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F28S. 138 repealed (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105, 107, Sch. 11 para. 124, Sch. 12; S.I. 2006/2541, art. 2
Schedule 11 to this Act (which contains transitional provisions and savings relating to this Part) shall have effect.