OpenLegislation

Natural Heritage (Scotland) Act 1991 in England

1991 c. 28 · Enacted 27 June 1991 · Extends to England, Wales and Scotland

Not fully up to date. 7 changes made by later legislation have not yet been written into this text, which is revised to 1 November 2025.

See the changes not yet applied
ProvisionChangeMade by
s. 24 titlewords substitutedRegulatory Reform (Scotland) Act 2014 sch. 3 para. 24(4)
s. 24(1)words repealedRegulatory Reform (Scotland) Act 2014 sch. 3 para. 24(2)(a)
s. 24(1)(a)words repealedRegulatory Reform (Scotland) Act 2014 sch. 3 para. 24(2)(b)(i)
s. 24(1)(a)words repealedRegulatory Reform (Scotland) Act 2014 sch. 3 para. 24(2)(b)(ii)
s. 24(1)(c)words substitutedRegulatory Reform (Scotland) Act 2014 sch. 3 para. 24(2)(c)(i)
s. 24(1)(c)words substitutedRegulatory Reform (Scotland) Act 2014 sch. 3 para. 24(2)(c)(ii)
s. 24(9)words repealedRegulatory Reform (Scotland) Act 2014 sch. 3 para. 24(3)

Contents

  1. Part I: Scottish Natural Heritage
  2. 1Scottish Natural Heritage.
  3. Functions of SNH
  4. 4Nature conservation functions.
  5. 16Offence of unlicensed abstraction of water for irrigation. Repealed
  6. 19Transitional provisions. Repealed
  7. 21Offences against drought orders. Repealed
  8. Part IV: General
  9. 27Consequential and miscellaneous amendments and repeals.
  10. Schedule 2: Amendment of Enactments conferring nature conservation functions
  11. National Parks and Access to the Countryside Act 1949 (c. 97)
  12. 1Paragraph 1
  13. Countryside Act 1968 (c. 41)
  14. 3Paragraph 3
  15. Conservation of Seals Act 1970 (c. 30)
  16. 4Paragraph 4
  17. Badgers Act 1973 (c. 57)
  18. 5Paragraph 5 Repealed
  19. 6Paragraph 6
  20. Animal Health Act 1981 (c. 22)
  21. 7Paragraph 7
  22. Wildlife and Countryside Act 1981 (c. 69)
  23. 8Paragraph 8
  24. Inheritance Tax Act 1984 (c. 51)
  25. 9Paragraph 9
  26. Environmental Protection Act 1990 (c. 43)
  27. 10Paragraph 10
  28. 1Paragraph 1
  29. 2Paragraph 2
  30. 3Paragraph 3
  31. 4Paragraph 4
  32. 5Paragraph 5
  33. 6Paragraph 6
  34. 7Paragraph 7
  35. 8Paragraph 8
  36. 9Paragraph 9
  37. 10Paragraph 10
  38. 11Paragraph 11
  39. 12Paragraph 12
  40. 13Paragraph 13
  41. 14Paragraph 14
  42. 15Paragraph 15
  43. 16Paragraph 16
  44. 5Paragraph 5 Repealed
  45. 6Paragraph 6 Repealed
  46. 7Paragraph 7 Repealed
  47. 8Paragraph 8 Repealed
  48. 10Paragraph 10 Repealed
  49. 11Paragraph 11 Repealed
  50. Applications for Licences under Part II
  51. Appeal against refusal to grant licence
  52. Variation of licence and late application for licence
  53. Revocation of licences
  54. Transfer of licences
  55. Duration of drought orders
  56. 1Paragraph 1 Repealed
  57. Exercise of power to make a drought order
  58. 2Paragraph 2 Repealed
  59. Prohibition or limitation of use of water
  60. Abstractions and discharges of water
  61. 4Paragraph 4 Repealed
  62. Works under drought orders
  63. Miscellaneous
  64. Application for orders
  65. Objections to and making of orders
  66. 2Paragraph 2 Repealed
  67. 3Paragraph 3 Repealed
  68. 2Paragraph 2 Repealed
  69. 3Paragraph 3 Repealed
  70. 4Paragraph 4 Repealed
  71. 5Paragraph 5 Repealed
  72. Schedule 10: Miscellaneous Amendments
  73. Superannuation Act 1965 (c. 74)
  74. 2Paragraph 2
  75. Parliamentary Commissioner Act 1967 (c. 13)
  76. 3Paragraph 3
  77. 5Paragraph 5
  78. Local Government (Scotland) Act 1973 (c. 65)
  79. 6Paragraph 6 Repealed
  80. Control of Pollution Act 1974 (c. 40)
  81. 7Paragraph 7
  82. House of Commons Disqualification Act 1975 (c. 24)
  83. 8Paragraph 8
  84. Road Traffic Regulation Act 1984 (c. 27)
  85. 10Paragraph 10
  86. Agriculture Act 1986 (c. 49)
  87. 12Paragraph 12
  88. Electricity Act 1989 (c. 29)
  89. 13Paragraph 13
  90. Schedule 11Repeals

1Scottish Natural Heritage.I1

(1)

There shall be established a body to be known as “Scottish Natural Heritage” (in this Part of this Act referred to as “ SNH ”) whose general aims and purposes shall be —

F1(a)

in relation to natural heritage, those specified in subsection (1A) below,

(b)

in relation to deer, those specified in section 1(1) of the Deer (Scotland) Act 1996 (c. 58).

(1A)

SNH 's general aims and purposes in relation to natural heritage are—

(a)

to secure the conservation and enhancement of; and

(b)

to foster understanding and facilitate the enjoyment of,

the natural heritage of Scotland; and SNH shall have regard to the desirability of securing that anything done, whether by SNH or any other person, in relation to the natural heritage of Scotland is undertaken in a manner which is sustainable.

(2)

Schedule 1 to this Act shall have effect with respect to the constitution and proceedings of and other matters relating to Scottish Natural Heritage.

(3)

For the purposes of this Act, “ the natural heritage of Scotland ” includes the flora and fauna of Scotland, its geological and physiographical features, its natural beauty and amenity; and references to “ natural heritage ” shall be construed accordingly.

F2(4)

In this Act, “ natural heritage functions ”, in relation to SNH , does not include the functions in relation to deer conferred on it by or under the Deer (Scotland) Act 1996 (c. 58) or any other enactment other than one in this Act.

4Nature conservation functions.E1I1

(1)

Except as regards the joint committee within the meaning of Part VII of the Environmental Protection Act 1990 and subject to the following provisions of this section, Part VII of that Act shall not extend to Scotland.

(2)

Sections 128(4), 128(5) (in so far as it relates to Schedule 7) and 132(3) of that Act shall continue to extend to Scotland and any reference in those sections to “the Councils” shall include a reference to SNH.

(3)

Section 131 of that Act, in so far as it relates to the joint committee mentioned in subsection (1) above, shall continue to extend to Scotland.

(4)

Section 133 of that Act shall continue to extend to Scotland and—

(a)

the references to “the Councils” shall include a reference to SNH; and

(b)

in subsection (3) after the words “section 132 above” there shall be inserted the words “ or, as the case may be, the nature conservation functions of Scottish Natural Heritage ”,

and in discharging its nature conservation functions, SNH shall have regard to any advice given to it by the joint committee under the said subsection (3).

(5)

The amendments made by Schedule 9 to that Act to enactments extending to Scotland shall continue to extend to Scotland.

(6)

SNH shall have the functions previously discharged by the Nature Conservancy Council for Scotland under the enactments amended by Schedule 2 to this Act in accordance with those enactments as so amended.

(7)

SNH shall be responsible for 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 Scotland.

(8)

Paragraph 12 of Schedule 11 to the said Act of 1990 shall continue to extend to Scotland; and references to a new council shall, as regards the exercise of functions in part of a nature reserve or area of scientific interest in Scotland, be construed as references to SNH.

(9)

In this section “nature conservation” means the conservation of flora, fauna or geological or physiographical features.

(10)

Subject to anything in this section and Schedules 2 and 10 to this Act, for any reference in any enactment (including an enactment contained in a local or private Act and any order, regulation or other instrument having effect by virtue of an Act) to the Nature Conservancy Council for Scotland there shall be substituted a reference to Scottish Natural Heritage.

16Offence of unlicensed abstraction of water for irrigation.F1I1

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19Transitional provisions.F1I1

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21Offences against drought orders.F1

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27Consequential and miscellaneous amendments and repeals.I1

(1)

The enactments specified in Schedule 10 to this Act shall have effect subject to the amendments specified in that Schedule.

(2)

The enactments specified in Schedule 11 of this Act are hereby repealed to the extent specified in the third column of that Schedule.

1I1

(1)

The National Parks and Access to the Countryside Act 1949 shall be amended as follows.

(2)

In section 15A (meaning of “Nature Conservancy Council”), in paragraph (b) for the words “the Nature Conservancy Council for Scotland” there shall be substituted the words “ Scottish Natural Heritage ”.

(3)

In section 16(5) (agreements in Scotland for establishing nature reserves), in paragraph (c) for the words “the Nature Conservancy Council for Scotland” there shall be substituted the words “ Scottish Natural Heritage ”.

(4)

In section 103(2) (procedure as to compulsory acquisition of land), for the words “the Nature Conservancy Council for Scotland” in both places where they occur there shall be substituted the words “ Scottish Natural Heritage ”.

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In section 15(6A) of the Countryside Act 1968 (definition of Nature Conservancy Council), for the words “the Nature Conservancy Council for Scotland” there shall be substituted the words “ Scottish Natural Heritage ”.

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In section 10(5) of the Conservation of Seals Act 1970 (definition of Nature Conservancy Council) for the words “the Nature Conservancy Council for Scotland” there shall be substituted the words “ Scottish Natural Heritage ”.

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In section 1(2) of the Import of Live Fish (Scotland) Act 1978 (consultation before making order to limit import) for the words “the Nature Conservancy Council for Scotland” there shall be substituted the words “ Scottish Natural Heritage ”.

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(1)

The Animal Health Act 1981 shall be amended as follows.

(2)

In section 21(9) (destruction of wildlife on infection, definition of “Nature Conservancy Council”) for the words “the Nature Conservancy Council for Scotland” there shall be substituted the words “ Scottish Natural Heritage ”.

F1(3)

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(1)

The Wildlife and Countryside Act 1981 shall be amended as follows.

(2)

In section 27(3A) (interpretation of Part I) for the words “the Nature Conservancy Council for Scotland” there shall be substituted the words “ Scottish Natural Heritage ”.

(3)

In section 27A(b) (construction of references to Nature Conservancy Council) for the words “the Nature Conservancy Council for Scotland” there shall be substituted the words “ Scottish Natural Heritage ”.

(4)

In section 29(11) (reports to relate to certain areas of special scientific interest) after the word “1990” there shall be inserted the words “ or under section 10(2) of the Natural Heritage (Scotland) Act 1991 ”.

F1(5)

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In Schedule 3 to the Inheritance Act 1984 (gifts for national purposes) for the words “Nature Conservancy Council for Scotland” there shall be substituted the words “ Scottish Natural Heritage ”.

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(1)

The Environmental Protection Act 1990 shall be amended as follows.

F1(2)

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F2(3)

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(4)

In section 128(1) (establishment of new councils) for the word “three” there shall be substituted the word “ two ”.

(5)

In section 132(3) (cooperation between Nature Conservancy Councils) after the word “section” where it first occurs there shall be inserted the words “ or in the Natural Heritage (Scotland) Act 1991 (in so far as it relates to the nature conservation functions of Scottish Natural Heritage) ”.

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Part II of the M1Countryside (Scotland) Act 1967 (access to open country) shall be amended as follows.

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In section 10, in subsection (2) (definition of “open country”) after the words “any landblank appearing” there shall be inserted the words “ to Scottish Natural Heritage or ”.

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(1)

Section 13 (making of access agreements) shall be amended as follows.

(2)

For subsection (1) there shall be substituted the following subsection—

“(1)

An access agreement may be made—

(a)

by Scottish Natural Heritage with any person having an interest in land;

(b)

by a general or district planning authority with any person having an interest in land situated in the area of the authority,

whereby the provisions of this Part of this Act relating to access agreements shall apply to the land.”

(3)

In subsection (2) after the words “payments by” there shall be inserted the words “ Scottish Natural Heritage or, as the case may be, ”.

(4)

In subsection (7) after the words “confer any right against him, and” there shall be inserted the words “ Scottish Natural Heritage or, as the case may be, ”.

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(1)

Section 14 (making of access orders) shall be amended as follows.

(2)

For subsection (1) there shall be substituted the following subsection—

“(1)

Subject to subsection (2) below, an access order may be made—

(a)

by Scottish Natural Heritage, as regards any land in Scotland;

(b)

by a general or district planning authority, as regards any land in their area,

but an order so made shall be submitted to the Secretary of State and shall not have effect unless confirmed by him.”

(3)

In subsection (2)—

(a)

in paragraph (a) for the word “authority” there shall be substituted the word “ body ”; and

(b)

in paragraph (b) for the words “said authority” there shall be substituted the word “ body ”.

(4)

In subsection (3) for the words “said authority” there shall be substituted the word “ body ”.

(5)

In subsection (8) after the word “order” there shall be inserted the words “ made by a general or district planning authority ”.

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(1)

Section 15 shall be amended as follows.

(2)

In subsection (2)—

(a)

in paragraph (a)—

(i)

for the words “authority by whom” there shall be substituted the words “ body by which ”; and

(ii)

for the word “authority” where it second occurs there shall be substituted the word “ body ”; and

(b)

in paragraph (c) for the words “said authority” and “authority” where they respectively occur there shall be substituted the word “ body ”.

(3)

In subsection (3) the words “(whether made by the Secretary of State or by a local planning authority)” shall be omitted.

(4)

In subsection (4)—

(a)

after the words “Secretary of State” where they first occur, there shall be inserted the words “ , except as regards an access order made by Scottish Natural Heritage, ”; and

(b)

for the words “the local planning authority concerned” there shall be substituted the words “ the body by which the order was made ”.

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In section 16, for subsection (5) there shall be substituted the following subsections—

“(5)

As soon as practicable after an agreement or instrument such as is mentioned in subsection (4) above is made or an order so mentioned is confirmed, it shall be registered or, as the case may be, recorded in pursuance of subsection (6) or (7) below.

(6)

In the case of an agreement or order made by Scottish Natural Heritage or an instrument or order varying or revoking such an agreement or order—

(a)

if an interest in the land to which the agreement, instrument or order relates falls to be registered in the Land Register of Scotland, Scottish Natural Heritage shall cause the agreement, instrument or order to be registered in that register;

(b)

in any other case it shall cause the agreement, instrument or order to be recorded in the appropriate Division of the General Register of Sasines.

(7)

In the case of an agreement or order made by the general or district planning authority or an instrument or order varying or revoking such an agreement or order—

(a)

if an interest in the land to which the agreement, instrument or order relates falls to be registered in the Land Register of Scotland, the general or district planning authority shall cause the agreement, instrument or order to be registered in that register;

(b)

in any other case they shall cause the agreement, instrument or order to be recorded in the appropriate Division of the General Register of Sasines.

(8)

Subject to subsection (9) below, an agreement, instrument or order registered or recorded in pursuance of subsection (6) or, as the case may be, subsection (7) above shall be enforceable at the instance of respectively Scottish Natural Heritage or the general or district planning authority against persons deriving title to the land or the relevant interest therein from the person so entitled when the agreement, instrument or order was made.

(9)

An agreement, instrument or order shall not be enforceable as mentioned in subsection (8) above against a third party who has in good faith and for value acquired right (whether completed by infeftment or not) to the land or to the relevant interest therein prior to the agreement, instrument or order being registered or, as the case may be, recorded in pursuance of subsection (6) or (7) above, or against any person deriving title from such third party.

(10)

In this section “relevant interest” means an interest which is subject to an agreement, instrument or order such as is mentioned in subsection (4) above.”

7I1

(1)

Section 17 shall be amended as follows.

(2)

In subsection (4)—

(a)

for the words from the beginning to “situated” there shall be substituted the words “ Where, as regards any access agreement or order made by Scottish Natural Heritage or a general or district planning authority, it appears to it or them ”;

(b)

for the words “an access” there shall be substituted the word “ the ”;

(c)

after the words “subsection (2) above,” there shall be inserted the words “ Scottish Natural Heritage or, as the case may be, ”; and

(d)

for the words “the authority” where they second occur there shall be substituted the words “ Scottish Natural Heritage or the authority, it or, as the case may be, they ”.

(3)

In subsection (5)—

(a)

for the words “the local planning authority” in both places where they occur there shall be substituted the words “ Scottish Natural Heritage or, as the case may be, the general or district planning authority ”;

(b)

after the words “fourteen days’ notice of” there shall be inserted the words “ its or ”;

(c)

before the words “the authority” in both places where they occur there shall be inserted the words “ Scottish Natural Heritage or, as the case may be, ”;

(d)

after the words “reasonably incurred by” there shall be inserted the words “ it or ”;

(e)

after the words “reduced by” there shall be inserted the words “ its or ”; and

(f)

for the words “authority’s contribution” there shall be substituted the words “ contribution of Scottish Natural Heritage or, as the case may be, the authority ”.

8I1

(1)

Section 18 shall be amended as follows.

(2)

In subsection (1)—

(a)

for the words from “the last foregoing section” to the words “contravention occurred” there shall be substituted the words

“section 17 of this Act—

(a)

if the agreement or order was made by Scottish Natural Heritage, it;

(b)

if the agreement or order was made by the general or district planning authority, they,”;

(b)

after the words “as may appear to” there shall be inserted the words “ Scottish Natural Heritage or, as the case may be, ”.

(3)

In subsection (2)—

(a)

for the words “the local planning authority” there shall be inserted the words “ Scottish Natural Heritage or, as the case may be, the general or district planning authority ”; and

(b)

before the word “them” there shall be substituted the words “ it or ”.

9I1

(1)

Section 20 shall be amended as follows.

(2)

For the words from “the general or district” to “situated” there shall be substituted the words

“—

(a)

where the order was made by Scottish Natural Heritage, it; or

(b)

where the order was made by a general or district planning authority, they,”, and the words from the beginning of the section to the words “depreciation or damage” shall become subsection (1) of the section.

(3)

In the proviso the words “Provided that” shall be omitted and the remaining words of the proviso shall become subsection (2) of the section.

10I1

(1)

Section 22 shall be amended as follows.

(2)

In subsection (1)—

(a)

for the words “local planning authority by whom” there shall be substituted the words “ body by which ”; and

(b)

for the word “authority” there shall be substituted the word “ body ”.

(3)

In subsection (3) for the words “local planning authority” there shall be substituted the words “ body by which compensation is payable ”.

11I1

(1)

Section 23 shall be amended as follows.

(2)

In subsection (1)—

(a)

for the words “local planning authority” there shall be substituted the words “ body by which compensation is payable ”;

(b)

for the words “authority are” there shall be substituted the words “ body is ”; and

(c)

for the word “they” in both places where it occurs there shall be substituted the word “ it ”.

(3)

In subsection (2)—

(a)

for the words “local planning authority” and the word “authority” where they respectively occur there shall be substituted the word “ body ”;

(b)

for the word “their” there shall be substituted the word “ its ”; and

(c)

for the word “they” there shall be substituted the word “ it ”.

12I1

(1)

Section 24 shall be amended as follows.

(2)

In subsection (1)—

(a)

after the words “Where it appears” there shall be inserted the words “ to Scottish Natural Heritage as respects any land in Scotland or ”;

(b)

in paragraph (b) for the words “the local planning authority” there shall be substituted t he words “ Scottish Natural Heritage or, as the case may be, the general or district planning authority ”; and

(c)

before the words “the authority” in both places where they occur there shall be inserted the words “ Scottish Natural Heritage or, as the case may be, ”.

(3)

In subsection (2)—

(a)

for the words “A local planning authority” there shall be substituted the words “ Scottish Natural Heritage or, as the case may be, a general or district planning authority ”;

(b)

before the word “them” in each place where it occurs there shall be inserted the words “ it or ”; and

(c)

before the word “they” there shall be inserted the words “ it or ”.

(4)

In subsection (3)—

(a)

for the words “a local planning authority” there shall be substituted the words “ Scottish Natural Heritage or, as the case may be, a general or district planning authority ”;

(b)

before the word “them” there shall be inserted the words “ it or ”; and

(c)

before the words “the authority” in each place where they occur there shall be inserted the words “ Scottish Natural Heritage or ”.

13I1

In section 26 at the end there shall be inserted the following subsection—

“(3)

Scottish Natural Heritage shall, within 14 days of—

(a)

an access agreement having been made by it; or

(b)

an access order made by it having been confirmed,

send to the general or district planning authority in whose area the land to which the agreement or order applies is situated a copy of such agreement or order.”

14I1

(1)

Section 27 shall be amended as follows.

(2)

In subsection (1) for the word “authority” in each place where it occurs there shall be substituted the word “ body ”.

(3)

In subsection (2)—

(a)

for the words “authority by whom” there shall be substituted the words “ body by which ”; and

(b)

for the word “authority” where it second occurs there shall be substituted the word “ body ”.

(4)

In subsection (3) for the words “said authority” in each place where they occur there shall be substituted the word “ body ”.

(5)

In subsection (4)—

(a)

at the beginning there shall be inserted the words “ Scottish Natural Heritage or, as the case may be, ”;

(b)

before the words “the authority” there shall be inserted the words “ Scottish Natural Heritage or ”; and

(c)

before the word “them” there shall be inserted the words “ it or ”.

(6)

In subsection (5) for the words from “a local planning authority” to the end there shall be substituted the words “ Scottish Natural Heritage or a general or district planning authority as respects land held by it or them ”.

15I1

(1)

In section 28—

(a)

for the words “A general or district planning authority” there shall be substituted the words “ Where Scottish Natural Heritage or, as the case may be, a general or district planning authority have made an access agreement or order it or they ”; and

(b)

after the words “comprised in” there shall be inserted the word “ such ”.

16I1

(1)

Section 29 shall be amended as follows.

(2)

At the beginning there shall be inserted the words “ Scottish Natural Heritage or, as the case may be, ”.

(3)

The words “in their area” shall be omitted.

(4)

After the word “order” there shall be inserted the words “ made by it or them ”.

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2I1

In paragraph 7 of section 39(1) of the Superannuation Act 1965 (public offices) the entry relating to the Nature Conservancy Council for Scotland shall be omitted and at the appropriate place there shall be inserted the following entry— “ Scottish Natural Heritage. ”

3I1

In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments and authorities subject to investigation) at the appropriate place there shall be inserted the following entry— “ Scottish Natural Heritage. ”

5I1

The Sewerage (Scotland) Act 1968 shall be amended as follows with regard to the penalties for certain offences—

(a)

in subsection (8) of section 12, for the words “level 4 on the standard scale” there shall be substituted the word “ £20,000 ”;

(b)

in subsection (2) of section 24, for the words from “level” to the end of that subsection there shall be substituted the word “ £20,000 ”; and

(c)

in subsection (2) of section 46, for the words from “level 5” to “therefor” there shall be substituted the word “ £20,000 ”.

6F1

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7I1

(1)

The Control of Pollution Act 1974 shall be amended as follows.

F1(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)

After section 55 there shall be inserted the following section—

“ Regulations under this Part.

55A

Regulations made under this Part of this Act may provide that any provision of this Part, except this section and sections 43 to 45, shall have effect with such modifications as may be prescribed for the purpose of enabling Her Majesty’s Government in the United Kingdom—

(a)

to give effect to any F2EU obligation or exercise any related right; or

(b)

to give effect to any obligation or exercise any related right under any international agreement to which the United Kingdom is for the time being a party,

and “related right”, in relation to an obligation, includes any derogation or other right to make more onerous provisions available in respect of that obligation.”.

(4)

At the end of subsection (4) of section 93 and of subsection (3) of section 94 (application of the M1Rivers (Prevention of Pollution) (Scotland) Act 1951 to these sections), there shall be inserted the words “ and a reference to Part II of the Natural Heritage (Scotland) Act 1991 ”.

8I1

In Part II of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies of which all members are disqualified) at the appropriate place there shall be inserted the following entry— “ Scottish Natural Heritage. ”

10I1

(1)

Section 22 of the Road Traffic Regulation Act 1984 (countryside areas to which special traffic regulation applies) shall be amended as follows.

(2)

In subsection (1), for paragraph (b) there shall be substituted the following—

“(b)

in the case of Scotland, roads in, or forming part of, or adjacent to or contiguous with—

(i)

a country park within the meaning of section 48 of the Countryside (Scotland) Act 1967;

(ii)

a National Scenic Area designated under section 262C of the Town and Country Planning (Scotland) Act 1972;

(iii)

a Natural Heritage Area designated under section 6 of the Natural Heritage (Scotland) Act 1991;

(iv)

an area in respect of which Scottish Natural Heritage has prepared proposals for a development project or scheme under section 5 of the Natural Heritage (Scotland) Act 1991;

(v)

a nature reserve within the meaning of section 15 of the National Parks and Access to the Countryside Act 1949 or an area which is subject to an agreement under section 15 of the Countryside Act 1968 (areas of special scientific interest);

(vi)

a long distance route within the meaning of section 54 of the said Act of 1967 (power to make byelaws);

(vii)

land belonging to the National Trust for Scotland which is held by the Trust inalienably; or

(viii)

open country, being land which appears to the Secretary of State to consist wholly or predominantly of mountain, moor, heath, hill, woodland, cliff or foreshore, and any waterway; and in this sub-paragraph “waterway” and “foreshore” shall include any bank, barrier, dune, beach, flat or other land adjacent to the waterway or foreshore.”

(3)

In subsection (4) for the words “the Countryside Commission for Scotland” there shall be substituted the words “ Scottish Natural Heritage ”.

12I1

In section 18(2) of the Agriculture Act 1986 (designation and management of environmentally sensitive areas) for paragraph (c) there shall be substituted the following paragraph—

“(c)

in the case of an area in Scotland, Scottish Natural Heritage.”

13I1

In paragraph 4(2) of Schedule 9 to the Electricity Act 1989 (preservation of amenity and fisheries in Scotland) for the words “the Countryside Commission for Scotland, the Nature Conservancy Council for Scotland” there shall be substituted “ Scottish Natural Heritage ”.

Schedule 11RepealsI1

ChapterShort titleExtent of repeal
1964 c. 90.Spray Irrigation (Scotland) Act 1964.The whole Act.
1965 c. 74.Superannuation Act 1965.In section 39(1), in paragraph 7 the words “The Nature Conservancy Council for Scotland.”
1967 c. 13.Parliamentary Commissioner Act 1967.In Schedule 2, the words “Countryside Commission for Scotland” and “Nature Conservancy Council for Scotland”.
1967 c. 86.Countryside (Scotland) Act 1967.Part I.In section 10(2), the words “with the waterways therein or contiguous or adjacent thereto”.In section 12(1), the words from the beginning to “open-air recreation”.In section 13, subsection (6).In section 14, subsection (6).In section 15(3), the words “(whether made by the Secretary of State or by a local planning authority)”.Section 71.In section 75, subsection (1)(a), in subsections (1) and (2) the words “the Commission”, and subsection (4).In section 78(1), the definition of “the countryside”.Schedule 1.
1968 c. 41.Countryside Act 1968.In section 37 the words “and the Nature Conservancy Council for Scotland”.
1972 c. 52.Town and Country Planning (Scotland) Act 1972.In section 262C, subsections (1) and (2).
1973 c. 57.Badgers Act 1973.In section 9(4) the words “the Nature Conservancy Council for Scotland”.
1975 c. 24.House of Commons Disqualification Act 1975.In Part III of Schedule 1, the words “Chairman of the Countryside Commission for Scotland and any other member of the Commission in receipt of remuneration.” and in the entry relating to members of Nature Conservancy Councils, the words “the Nature Conservancy Council for Scotland”.
1980 c.45.Water (Scotland) Act 1980.Sections 77 to 79.Schedules 5 and 6.
1981 c. 69.Wildlife and Countryside Act 1981.In section 34(6) the words “and the Countryside Commission for Scotland in relation to Scotland”.
1984 c. 54.Roads (Scotland) Act 1984.In section 20A(6) the word “and” and paragraph (c).In section 98, subsection (6).
1990 c. 43.Environmental Protection Act 1990.In section 128, in subsection (1) the words “the Nature Conservancy Council for Scotland”, and in subsection (2), paragraph (b).In Schedule 6, paragraph 16.In Schedule 9, paragraphs 1(3), 1(4)(b), 2, 7, 12, 13(c) and 16(b).