Wildlife and Countryside Act 1981

50 Payments under certain agreements offered by authorities. E+W

(1) This section applies where—

(a) [F1 Natural England or [F2 the Natural Resources Body for Wales] offer to enter into a nature reserve agreement or an SSSI agreement] F3 ... providing for the making by them of payments [F4 to any person; or]

(b) the relevant authority offer to enter into a management agreement providing for the making by them of payments to a person whose application for a farm capital grant has been refused in consequence of an objection by the authority.

(2) Subject to subsection (3), the said payments shall be of such amounts as may be determined by the offeror in accordance with guidance given by the Ministers.

(3) If the offeree so requires within one month of receiving the offer, the determination of those amounts shall be referred to an arbitrator F5 . . . to be appointed, in default of agreement, by the Secretary of State; and where the amounts determined by the arbitrator exceed those determined by the offeror, the offeror shall—

(a) amend the offer so as to give effect to the arbitrator’s F5 . . . determination; or

(b) except in the case of an offer made to a person whose application for a farm capital grant has been refused in consequence of an objection by the offeror, withdraw the offer.

(4) In this section—

• [F6 “farm capital grant” has the same meaning as in section 32;]

• “management agreement” and “the relevant authority” have the same meanings as in section 41.

• [F7 “nature reserve agreement” has the same meaning as in Part 3 of the 1949 Act;

• “SSSI agreement” has the same meaning as in section 15A of the 1968 Act.]

Extent Information

E1 This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F1 Words in s. 50(1)(a) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 94(2); S.I. 2006/2541, art. 2

F2 Words in s. 50(1)(a) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 179 (with Sch. 7)

F3 Words in s. 50(1)(a) omitted (E.W.) (21.5.2016) by virtue of Environment (Wales) Act 2016 (anaw 3), s. 88(2)(a), Sch. 2 para. 3(8)

F4 Words in s. 50(1)(a) substituted for words and s. 50(1)(a)(i)(ii) (E.W.) (30.1.2001) by 2000 c. 37, ss. 79, 103(2)

F5 Words in s. 50(3) repealed (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1)(2), 107, Sch. 11 para. 94(3), Sch. 12; S.I. 2006/2541, art. 2

F6 Definition substituted by Agriculture Act 1986 (c. 49, SIF 2:1), s. 20(6)

F7 S. 50(4): definitions inserted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 94(4); S.I. 2006/2541, art. 2

Modifications etc. (not altering text)

C1 S. 50 modified (E.W.) (19.9.1995) by 1995 c. 25, ss. 69(2)(a), 125(2) (with ss. 7(6), 115, Sch. 8 para. 7)

50 Payments under certain agreements offered by authorities. S

F8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extent Information

E2 This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Textual Amendments

F8 S. 50 repealed (S.) (29.11.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 57, 59, Sch. 7 para. 4; S.S.I. 2004/495, art. 2