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Nature Conservancy Council Act 1973

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Nature ConservancyCouncil Act 1973

1973 CHAPTER 54

An Act to establish a Nature Conservancy Council.

[25th July 1973]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

S-1 The Nature Conservancy Council.

1 The Nature Conservancy Council.

(1) For the purposes of nature conservation and fostering the understanding thereof, and to replace the committee of the Natural Environment Research Council known as the Nature Conservancy by a body independent of that Council, there shall be established a council to be known as the Nature Conservancy Council (in this Act referred to as ‘the Council’) which shall have—

(a ) the following functions, namely—

(i)the establishment, maintenance and management of nature reserves (within the meaning of section 15 of the National Parks and Access to the Countryside Act 1949) in Great Britain;

(ii) 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 Great Britain;

(iii) the provision of advice and dissemination of knowledge about nature conservation; and

(iv) the commissioning or support (whether by financial means or otherwise) of research which in the opinion of the Council is relevant to the matters mentioned in sub-paragraphs (i) to (iii) above; and

(b ) the functions previously discharged by the Natural Environment Research Council under the enactments specified in Schedule 1 to this Act, which shall accordingly have effect subject to the amendments set out in that Schedule.

(2) In subsection (1) above ‘nature conservation’ means the conservation of flora, fauna or geological or physiographical features.

(3) The Science and Technology Act 1965 (in this Act referred to as ‘the 1965 Act’) shall have effect subject to the amendments set out in Schedule 2 to this Act, being amendments consequential on the establishment of the Council.

(4) The Council shall have power—

(a ) to accept any gift or contribution made to them for the purposes of any of their functions, 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 their functions under paragraph (a ) of subsection (1) above as it is appropriate that they themselves should carry out instead of commissioning or supporting other persons under sub-paragraph (iv) of that paragraph, and

(c ) to do all such other things (including, without prejudice to the generality of this paragraph, making charges and holding land or any interest in or right over land) as are incidental or conducive to the discharge of their functions under subsection (1)(a ) above.

(5) It shall be the duty of the Council, in the discharge of their functions, to take account, as appropriate, of actual or possible ecological changes.

(6) The Secretary of State may give the Council directions of a general character with regard to the discharge of any of their functions under subsection (1)(a ) above.

(7) The Council shall discharge their functions on and after a day appointed by an order made by statutory instrument by the Secretary of State, and the amendments and repeals made by this Act shall come into operation on that day.

(8) The Council shall have such number of members as the Secretary of State may from time to time determine, and the members shall be appointed by him.

(9) The administrative and supplementary provisions contained in Schedule 3 to this Act shall have effect with respect to the Council.

S-2 Advisory committees of Council.

2 Advisory committees of Council.

(1) The Council may appoint committees for the purpose of giving them advice about the discharge of their functions.

(2) Without prejudice to subsection (1) above, it shall be the duty of the Council to appoint three committees for the purpose of giving them advice about the discharge of their functions in England, Scotland and Wales respectively.

(3) Members of committees appointed under this section need not be members of the Council.

(4) No appointment to the committees constituted under subsection (2) above shall be either made or terminated except with the approval of the Secretary of State.

S-3 Grants by Council.

3 Grants by Council.

(1) In accordance with arrangements approved by the Secretary of State and the Treasury, the Council shall have power to give financial assistance by way of grant to any person carrying on or proposing to carry on any project which the Council would have power to carry on.

(2) On making a grant the Council may impose such conditions as they think fit, including conditions for repayment in specified circumstances.

S-4 Grants by Secretary of State to Council.

4 Grants by Secretary of State to Council.

(1) The Secretary of State may, with the approval of the Treasury, make to the Council out of money provided by Parliament grants of such amount as the Secretary of State thinks fit.

(2) A grant under this section may be made subject to such conditions as the Secretary of State may with the approval of the Treasury think fit.

S-5 Short title, repeals and extent.

5 Short title, repeals and extent.

(1) This Act may be cited as the Nature Conservancy Council Act 1973 .

(2) The enactments specified in Schedule 4 to this Act are hereby repealed to the extent mentioned in column 3 of that Schedule.

(3) Paragraph 3(1) of Schedule 1 to this Act extends to Northern Ireland so far as it applies in relation to the importation of birds or their eggs and paragraph 19 of Schedule 3 also extends to Northern Ireland; but save as aforesaid this Act does not extend to Northern Ireland.

S C H E D U L E S

SCHEDULE 1

Transfer of Statutory Functions to CouncilAmendments of Enactments Consequential on

National Parks and Access to the

National Parks and Access to the

SCH-1.1

1. In Part III of the National Parks and Access to the Countryside Act 1949 (nature conservation) for each of the references to the Natural Environment Research Council (which were substituted for references to the Nature Conservancy by the 1965 Act) there shall be substituted a reference to the Nature Conservancy Council.

SCH-1.2

2.

(1) For subsection (1) of section 103 of that Act (general provisions as to acquisition of land) there shall be substituted the following subsection:—

(1) Any power conferred by this Act on the Nature Conservancy Council or a local authority to acquire land compulsorily shall be exercisable in any particular case on their being authorised so to do by the Secretary of State.’

(2) For each of the references to the Natural Environment Research Council in subsection (2) of that section and for the references in section 106(1) of that Act (supplementary provisions as to byelaws) (all of which were substituted as mentioned in paragraph 1 above for references to the Nature Conservancy) there shall be substituted a reference to the Nature Conservancy Council.

Protection of Birds Act

Protection of Birds Act 1954

SCH-1.3

3.

(1) In section 10(2)(b ) of the Protection of Birds Act 1954 (authorities with power to grant licences) for the words from ‘from’ to the end of the paragraph there shall be substituted the words ‘from, the Nature Conservancy Council, that Council’.

(2) In section 14(1) of that Act (interpretation) in paragraph (c ) of the definition of ‘authorised person’ for the reference to the Natural Environment Research Council (which was substituted for a reference to the Nature Conservancy by the 1965 Act) there shall be substituted a reference to the Nature Conservancy Council.

Deer (Scotland) Act

Deer (Scotland) Act 1959

SCH-1.4

4. In section 1(4) of the Deer (Scotland) Act 1959 (constitution of the Red Deer Commission) for paragraph (a ) there shall be substituted the following paragraphs:—

‘(a ) one from nominees of the Nature Conservancy Council;

(aa ) one from nominees of the Natural Environment Research Council;’.

Deer Act

Deer Act 1963

SCH-1.5

5. In section 11 of the Deer Act 1963 (power to grant licences) for each of the references to the Natural Environment Research Council (which were substituted for references to the Nature Conservancy by the 1965 Act) there shall be substituted a reference to the Nature Conservancy Council.

Water Resources Act

Water Resources Act 1963

SCH-1.6

6. In section 102 of the Water Resources Act 1963 (land of special natural interest) for each of the references to the Natural Environment Research Council (which were substituted as mentioned in paragraph 5 above) there shall be substituted a reference to the Nature Conservancy Council.

Protection of Birds Act

Protection of Birds Act 1967

SCH-1.7

7. In sections 4(3) (disturbance of nesting birds), 7(4)(b) (special protection for wild birds in severe weather) and 8(2)(b ) (matters for which licences under section 10 of the Protection of Birds Act 1954may be granted) of the Protection of Birds Act 1967 for the references to the Natural Environment Research Council there shall be substituted references to the Nature Conservancy Council.

Tees Valley and Cleveland Water Act

Tees Valley and Cleveland Water Act 1967

SCH-1.8

8. In section 3(1) of the Tees Valley and Cleveland Water Act 1967 (interpretation) for the definition of ‘research council’ there shall be...

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