- Latest available (Revised)
- Point in Time (21/05/2016)
- Original (As enacted)
Point in time view as at 21/05/2016.
Wildlife and Countryside Act 1981, Section 41 is up to date with all changes known to be in force on or before 16 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
F1[F2(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2)In the exercise of his general duty under section 4(2) of the M1Small Landholders (Scotland) Act 1911 of promoting the interests of agriculture and other rural industries, and without prejudice to the generality of that duty, the Secretary of State shall make provision, through such organisation as he considers appropriate, for the giving of
[F3(a)advice to persons carrying on agricultural businesses on the conservation and enhancement of the natural beauty and amenity of the countryside;
(b)advice to such persons on diversification into other enterprises of benefit to the rural economy; and
(c)advice to government departments and other bodies exercising statutory functions on the promotion and furtherance of such diversification as is mentioned in paragraph (b).]
(3)Where an application for [F4a farm capital grant] is made as respects expenditure incurred or to be incurred for the purposes of activities on land which is in a National Park [F5(including a National Park in Scotland)]or an area specified for the purposes of this subsection by the Ministers, the appropriate Minister—
(a)shall, so far as may be consistent with the purposes of the [F6the grant provisions], so exercise his functions thereunder as to further the conservation and enhancement of the natural beauty and amenity of the countryside and to promote its enjoyment by the public; and
(b)where the relevant authority have objected to the making of the grant on the ground that the activities in question have had or will have an adverse effect on the natural beauty or amenity of the countryside or its enjoyment by the public, shall not make the grant except after considering the objection and, in the case of land in England, after consulting with the Secretary of State;
F7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)Where, in consequence of an objection by the relevant authority, an application for a grant as respects expenditure to be incurred is refused on the ground that the activities in question will have such an effect as is mentioned in subsection (3)(b), the relevant authority shall, within three months of their receiving notice of the appropriate Minister’s decision, offer to enter into, in the terms of a draft submitted to the applicant, a management agreement—
(a)imposing restrictions as respects those activities; and
(b)providing for the making by them of payments to the applicant.
(5)In this section—
[F8 “agricultural business” has the same meaning as in section 29 of the Agriculture Act 1970;]
[F8 “the appropriate Minister”, “farm capital grant” and “grant provisions” have the same meanings as in section 32;]
[F9“management agreement” means—
in relation to England, an agreement under section 39 or under section 7 of the Natural Environment and Rural Communities Act 2006, and
in relation to Wales, an agreement under section 39 [F10or under section 16 of the Environment (Wales) Act 2016];
“the relevant authority” has the same meaning as in section 39 except that in relation to England it also includes Natural England [F11and in relation to Wales it also includes the Natural Resources Body for Wales].]
[F12(5A)For the purposes of this section the Broads shall be treated as a National Park [F13(and, as respects land within the Broads, any reference in this section to the relevant authority is accordingly a reference to the Broads Authority).].]
(6)F14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]
Textual Amendments
F1S. 41(1) repealed by Agriculture Act 1986 (c. 49, SIF 2:1), s. 24(5), Sch. 4
F2S. 41 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
F3S. 41(2)(a)–(c) substituted for words by Agriculture Act 1986 (c. 49, SIF 2:1), s. 24(4), Sch. 3 para. 4
F4Words substituted by Agriculture Act 1986 (c. 49, SIF 2:1), s. 20(4)(a)
F5Words in s. 41(3) inserted (S.) (8.9.2000) by 2000 asp 10, s. 36, Sch. 5 para. 8(2) (with s. 32); S.S.I. 2000/312, art. 2
F6Words substituted by Agriculture Act 1986 (c. 49, SIF 2:1), s. 20(4)(b)
F7Words in s. 41(3) repealed (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 88(2), Sch. 12; S.I. 2006/2541, art. 2
F8Definition substituted by Agriculture Act 1986 (c. 49, SIF 2:1), s. 20(5)
F9S. 41(5): definitions of “management agreement” and “the relevant authority” substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 88(3); S.I. 2006/2541, art. 2
F10Words in s. 41(5) inserted (E.W.) (21.5.2016) by Environment (Wales) Act 2016 (anaw 3), s. 88(2)(a), Sch. 2 para. 3(7)(a)
F11Words in s. 41(5) inserted (E.W.) (21.5.2016) by Environment (Wales) Act 2016 (anaw 3), s. 88(2)(a), Sch. 2 para. 3(7)(b)
F12S. 41(5A) inserted (E.W.) by Norfolk and Suffolk Broads Act 1988 (c. 4, SIF 81:1), ss. 2(5), 23(2), 27(2), Sch. 3 Pt. I para. 31(3)
F13Words in s. 41(5A) inserted (1.4.1997) by 1995 c. 25, s. 78, Sch. 10 para. 22(2) (with ss. 7(6), 115, Sch. 8 para. 7); S.I. 1996/2560, art. 2
F14S. 41(6) repealed (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 88(4), Sch. 12; S.I. 2006/2541, art. 2
Modifications etc. (not altering text)
C1S. 41 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
Marginal Citations
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: