Countryside and Rights of Way Bill - continued        House of Lords
PART IV, AREAS OF OUTSTANDING NATURAL BEAUTY - continued

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Orders establishing conservation boards.     88. - (1) Any power of the Secretary of State or the National Assembly for Wales to make an order under section 86(1) or (9) is exercisable by statutory instrument.
 
      (2) No order shall be made under section 86(1) by the Secretary of State unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.
 
      (3) A statutory instrument containing an order made under section 86(10) by the Secretary of State shall be subject to annulment in pursuance of a resolution of either House of Parliament.
 
      (4) If a draft of an order made under section 86(1) by the Secretary of State would, apart from this section, be treated for the purposes of the Standing Orders of either House of Parliament as a hybrid instrument, it shall proceed in that House as if it were not such an instrument.
 
      (5) The power of the Secretary of State or the National Assembly for Wales to make an order under section 86(1) or (10) includes power to make such incidental, supplemental, consequential and transitional provision as the person making the order thinks necessary or expedient.
 
      (6) The power of the Secretary of State or the National Assembly for Wales by an order under section 86(1) or (10) to make incidental, supplemental, consequential or transitional provision includes power for any incidental, supplemental, consequential or, as the case may be, transitional purpose-
 
 
    (a) to apply with or without modifications,
 
    (b) to extend, exclude or modify, or
 
    (c) to repeal or revoke with or without savings,
  any enactment or any instrument made under any enactment.
 
      (7) The provision that may be made for incidental, supplemental, consequential or transitional purposes in the case of any order under section 86(1) or (10) which-
 
 
    (a) establishes a conservation board or provides for the winding up of such a board, or
 
    (b) otherwise has the effect of transferring functions from one person to another or of providing for functions to become exercisable concurrently by two or more persons or to cease to be so exercisable,
  includes provision for the transfer of property, rights and liabilities from one person to another.
 
      (8) The power of the Secretary of State or the National Assembly for Wales under section 86(1) or (10) to provide by order for the transfer of any property, rights or liabilities, or to make transitional provision in connection with any such transfer or with any order by which functions become or cease to be exercisable by any conservation board, includes, in particular, power to provide-
 
 
    (a) for the management and custody of any transferred property (whether real or personal);
 
    (b) for any liabilities transferred to include liabilities under any enactment;
 
    (c) for legal proceedings commenced by or against any person to be continued by or against a person to whom property, rights or liabilities are transferred or, as the case may be, any board or other authority by whom any functions are to become exercisable;
 
    (d) for the transfer of staff, compensation for loss of office, pensions and other staffing matters; and
 
    (e) for treating any person to whom a transfer of property, rights or liabilities is made or, as the case may be, by whom any functions are to become exercisable as, for some or all purposes, the same person in law as the person from whom the transfer is made or the authority by whom the functions have previously been exercisable.
      (9) The power of the Secretary of State or the National Assembly for Wales to make an order under section 86(1) or (9) includes power to make different provision for different cases, including different provision for different areas or localities and for different boards.
 
      (10) In this section "enactment" includes an enactment contained in an Act passed after this Act.
 
Management plans.     89. - (1) Every conservation board shall, within two years after the date on which they are established, prepare and publish a plan which formulates their policy for the management of their area of outstanding natural beauty and for the carrying out of their functions in relation to it.
 
      (2) Subject to subsection (3), the relevant local authority in respect of an area of outstanding natural beauty shall, before the end of the period of three years beginning with whichever is the later of-
 
 
    (a) the commencement of this section, or
 
    (b) the date on which the area is designated as an area of outstanding natural beauty,
  prepare and publish a plan which formulates their policy for the management of the area of outstanding natural beauty and for the carrying out of their functions in relation to it.
 
      (3) Subsection (2) does not apply where, before the end of the period mentioned in that subsection, a conservation board has been established for the area of outstanding natural beauty.
 
      (4) A plan prepared under subsection (1) or (2) is to be known as an area of outstanding natural beauty management plan.
 
      (5) A conservation board or relevant local authority may, instead of preparing a plan under subsection (1) or (2),-
 
 
    (a) review any plan for the management of the area of outstanding natural beauty which has been prepared before the commencement of this section-
 
      (i) by a local authority, or
 
      (ii) by a joint committee established by two or more local authorities, and
 
    (b) adopt the plan as reviewed as their area of outstanding natural beauty management plan, and
 
    (c) publish it under subsection (1) or (2) within the time required by that subsection.
      (6) A conservation board may, within six months of the date on which they are established, adopt an area of outstanding natural beauty management plan prepared for their area of outstanding natural beauty by the relevant local authority as their area of outstanding natural beauty management plan, and publish it under subsection (1).
 
      (7) Subject to subsection (8), a conservation board shall review their area of outstanding natural beauty management plan before the end of the period of five years beginning with the date on which it was published and, after the first review, at intervals of not more than five years.
 
      (8) Where a conservation board have adopted a plan under subsection (6), the first review must take place before the end of the period of three years beginning with the date on which the plan was published.
 
      (9) Where an area of outstanding natural beauty management plan has been prepared under subsection (2), the relevant local authority shall review the plan before the end of the period of five years beginning with the date on which it was published and, after the first review, at intervals of not more than five years, but this subsection does not apply where a conservation board has been established for the area of outstanding natural beauty.
 
      (10) Where a conservation board or relevant local authority review any plan under this section, they shall-
 
 
    (a) determine on that review whether it would be expedient to amend the plan and what (if any) amendments would be appropriate,
 
    (b) make any amendments that they consider appropriate, and
 
    (c) publish a report on the review specifying any amendments made.
      (11) In this section "relevant local authority" means-
 
 
    (a) in the case of an area of outstanding natural beauty which is wholly comprised in one principal area, the local authority for that area, and
 
    (b) in any other case, the local authorities for all the principal areas wholly or partly comprised in the area of outstanding natural beauty, acting jointly.
Supplementary provisions relating to management plans.     90. - (1) A conservation board or relevant local authority which is proposing to publish, adopt or review any plan under section 89 shall-
 
 
    (a) give notice of the proposal-
 
      (i) if the area of outstanding natural beauty is in England, to the Agency and English Nature,
 
      (ii) if the area of outstanding natural beauty is in Wales, to the Council, and
 
      (iii) in the case of a conservation board, to every local authority whose area is wholly or partly comprised in the area of outstanding natural beauty,
 
    (b) send a copy of the plan, together (where appropriate) with any proposed amendments of the plan, to every body to which notice of the proposal is required to be given by paragraph (a), and
 
    (c) take into consideration any observations made by any such body.
      (2) A conservation board or relevant local authority shall send to the Secretary of State or the National Assembly for Wales a copy of every plan, notice or report which they are required to publish under section 89.
 
      (3) In this section "relevant local authority" has the same meaning as in section 89.
 
Grants to conservation boards.     91. - (1) The Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales) may make grants to a conservation board, of such amounts and on such terms and conditions as the Secretary of State or the Assembly thinks fit.
 
      (2) Before determining the amount of any grant which he proposes to make to a conservation board under this section, or the purpose for which the grant is to be made, the Secretary of State shall consult the Agency.
 
      (3) Before determining the amount of any grant which it proposes to make to a conservation board under this section, or the purpose for which the grant is to be made, the National Assembly for Wales shall consult the Council.
 
Interpretation of Part IV and supplementary provision.     92. - (1) In this Part, unless a contrary intention appears-
 
  "the 1949 Act" means the National Parks and Access to the Countryside Act 1949;
 
  "the Agency" means the Countryside Agency;
 
  "area of outstanding natural beauty" has the meaning given by section 82(3);
 
  "conservation board" has the meaning given by section 86(1);
 
  "the Council" means the Countryside Council for Wales;
 
  "liability", in relation to the transfer of liabilities from one person to another, does not include criminal liability;
 
  "local authority" means a principal council within the meaning of the Local Government Act 1972;
 
  "principal area" has the same meaning as in the Local Government Act 1972.
 
      (2) Any reference in this Part to the conservation of the natural beauty of an area includes a reference to the conservation of its flora, fauna and geological and physiographical features.
 
      (3) This Part does not apply in relation to any of the lands mentioned in section 112(1) of the 1949 Act (Epping Forest and Burnham Beeches).
 
Consequential amendments and transitional provisions.     93. Schedule 15 (which contains consequential amendments and transitional provisions relating to areas of outstanding natural beauty) has effect.
 
 
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