(1)The Nature Conservancy [F1Council][F1Councils] may at any time and shall five years after [F2the passing of this Act][F230th October 1991] and every five years thereafter, review Schedules 5 and 8 and advise the Secretary of State whether, in their opinion,—
(a)any animal should be added to, or removed from, Schedule 5;
(b)any plant should be added to, or removed from, Schedule 8
[F3and the functions of the Nature Conservancy Councils under this subsection shall be special functions of the Councils for the purposes of section 133 of the Environmental Protection Act 1990].
(2)Advice may be given under subsection (1) either generally or with respect to particular provisions of this Part, particular areas of Great Britain or particular times of the year; and any advice so given shall be accompanied by a statement of the reasons which led [F4the Council to give that advice.][F4to that advice being given.]
[F5X1(3)The Council shall include any advice so given and the statement accompanying it in the annual report submitted by them to the Secretary of State under paragraph 17 of Schedule 3 to the M1Nature Conservancy Council Act 1973.]
[F5X1(3)The Secretary of State shall lay before each House of Parliament a copy of any advice so given and the statements accompanying it.]
(4)The functions of the [F6Council][F6Nature Conservancy Councils] shall include power to advise or assist—
(a)any constable;
(b)any proper officer of a local authority; or
(c)any person duly authorised by the Secretary of State under section 6(9), 7(6) or 14(5),
in, or in connection with, the enforcement of the provisions of this Part or any order or regulations made under it.
Editorial Information
X1S. 24 subsection (3) commencing “The Secretary of State shall” substituted (prosp.) for subsection (3) commencing “The Council shall” by Environmental Protection Act 1990 (c. 43, SIF 46:4), ss. 132(1)(a), 164(3), Sch. 9 para. 11(6)(c)
Textual Amendments
F1Words “Councils, acting jointly” substituted (prosp.) for “Council” by Environmental Protection Act 1990 (c. 43, SIF 46:4), ss. 132, 164(3), Sch. 9 para. 11(6)(a)
F2Words “30th October 1991” substituted (prosp.) for “the passing of this Act” by Environmental Protection Act 1990 (c. 43, SIF 46:4), ss. 132, 164(3), Sch. 9 para. 11(6)(a)
F3Words inserted (prosp.) by Environmental Protection Act 1990 (c. 43, SIF 46:4), ss. 132(1)(a), 164(3), Sch. 9 para. 11(6)(a)
F4Words “to that advice being given.” substituted (prosp.) for “Council to give that advice.” by Environmental Protection Act 1990 (c. 43, SIF 46:4), ss. 132(1)(a), 164(3), Sch. 9 para. 11(6)(b)
F5S. 24 subsection (3) commencing “The Secretary of State shall” substituted (prosp.) for subsection (3) commencing “The Council shall” by Environmental Protection Act 1990 (c. 43, SIF 46:4), ss. 132(1)(a), 164(3), Sch. 9 para. 11(6)(c)
F6Words “Nature Conservancy Councils” substituted (prosp.) for word “Councils” by Environmental Protection Act 1990 (c. 43, SIF 46:4), ss. 132(1)(a), 164(3), Sch. 9 para. 11(6)(d)
Marginal Citations