(1) In Part 4 of the Water Industry Act 1991 (sewerage services), after Chapter 3 insert—
CHAPTER 4 Storm overflows
Storm overflow discharge reduction plan
141A (1) The Secretary of State must prepare a plan for the purposes of—
(a) reducing discharges from the storm overflows of sewerage undertakers whose area is wholly or mainly in England, and
(b) reducing the adverse impacts of those discharges.
(2) The reference in subsection (1)(a) to reducing discharges of sewage includes—
(a) reducing the frequency and duration of the discharges, and
(b) reducing the volume of the discharges.
(3) The reference in subsection (1)(b) to reducing adverse impacts includes—
(a) reducing adverse impacts on the environment, and
(b) reducing adverse impacts on public health.
(4) The plan may in particular include proposals for—
(a) reducing the need for anything to be discharged by the storm overflows;
(b) treating sewage that is discharged by the storm overflows;
(c) monitoring the quality of watercourses, bodies of water or water in underground strata into which the storm overflows discharge;
(d) obtaining information about the operation of the storm overflows.
(5) When preparing the plan the Secretary of State must consult—
(a) the Environment Agency,
(b) the Authority,
(c) the Council,
(d) Natural England,
(e) sewerage undertakers whose area is wholly or mainly in England, or persons representing them, and
(f) such other persons as the Secretary of State considers appropriate.
(6) The Secretary of State must publish the plan before 1 September 2022.
(7) The Secretary of State may at any time revise the plan, having consulted the persons referred to in subsection (5), and must publish any revised version.
(8) The plan, and any revised version of it, must be laid before Parliament once it is published.
Progress reports on storm overflow discharge reduction plan
141B (1) The Secretary of State must publish reports (“progress reports”) relating to the plan under section 141A.
(2) A progress report is to contain the Secretary of State’s assessment of—
(a) the progress made, during the period to which the report relates, in implementing the proposals in the plan (or any revised version of it), and
(b) the effect of that progress on the matters referred to in section 141A(1)(a) and (b).
(3) The first progress report must relate to the period of three years beginning with the day on which the plan under section 141A is first published.
(4) Subsequent progress reports must relate to successive periods of five years after the period referred to in subsection (3).
(5) A progress report must be published within 12 weeks following the last day of the period to which it relates.
(6) A progress report must be laid before Parliament once it is published.
Annual reports on discharges from storm overflows
141C (1) A sewerage undertaker whose area is wholly or mainly in England must publish annual reports in relation to the undertaker’s storm overflows (“storm overflow reports”).
(2) A storm overflow report must specify, for each of the sewerage undertaker’s storm overflows—
(a) the location of the storm overflow;
(b) the watercourse, body of water or underground strata into which the storm overflow discharges;
(c) the frequency and duration of discharges from the storm overflow in the period to which the report relates;
(d) where the information is available, the volume of each discharge in that period;
(e) information on any investigations that have taken place or improvement works that have been undertaken in relation to the storm overflow during that period.
(3) Storm overflow reports are to relate to successive calendar years, starting with 2021.
(4) A storm overflow report must be published by a sewerage undertaker before 1 April in the year after the calendar year to which it relates.
(5) A storm overflow report must—
(a) be in a form which allows the public readily to understand the information contained in the report, and
(b) be published in a way which makes the report readily accessible to the public.
(6) The duties of a sewerage undertaker under this section are enforceable under section 18 by—
(a) the Secretary of State, or
(b) the Authority, with the consent of or in accordance with a general authorisation given by the Secretary of State.
Environment Agency reports
141D (1) The Environment Agency must publish annual reports in relation to the operation of storm overflows of sewerage undertakers whose area is wholly or mainly in England.
(2) A report under this section must specify—
(a) the location of the storm overflows;
(b) the watercourse, body of water or underground strata into which the storm overflows discharge;
(c) the frequency and duration of discharges from the storm overflows in the period to which the report relates;
(d) where the information is available, the volume of each discharge in that period.
(3) Reports under this section are to relate to successive calendar years, starting with 2021.
(4) A storm overflow report must be published by the Environment Agency —
(a) before 1 April in the year after the calendar year to which it relates, and
(b) in such manner as the Environment Agency thinks fit.
Interpretation of Chapter 4
141E (1) In this Chapter, references to a storm overflow of a sewerage undertaker are to any structure or apparatus—
(a) which is comprised in the sewerage system of the sewerage undertaker, and
(b) which, when the capacity of other parts of the system downstream or of storage tanks at sewage disposal works is exceeded, relieves them by discharging their excess contents into inland waters, underground strata or the sea.
(2) References in this Chapter to discharges from a storm overflow do not include discharges occurring as a result of—
(a) electrical power failure at sewage disposal works,
(b) mechanical breakdown at sewage disposal works,
(c) rising main failure, or
(d) blockage of any part of the sewerage system downstream of the storm overflow.
(3) Section 17BA(7) (meaning of sewerage system of a sewerage undertaker) applies for the purposes of subsection (1).
In Chapter 4 of Part 4 of the Water Industry Act 1991 (as inserted by section 80 above), after section 141D insert—
Reporting on discharges from storm overflows
141DA (1) Where there is a discharge from a storm overflow of a sewerage undertaker whose area is wholly or mainly in England, the undertaker must publish the following information—
(a) that there has been a discharge from the storm overflow;
(b) the location of the storm overflow;
(c) when the discharge began;
(d) when the discharge ended.
(2) The information referred to in subsection (1)(a) to (c) must be published within an hour of the discharge beginning; and that referred to in subsection (1)(d) within an hour of it ending.
(3) The information must—
(a) be in a form which allows the public readily to understand it, and
(b) be published in a way which makes it readily accessible to the public.
(4) The duty of a sewerage undertaker under this section is enforceable under section 18 by—
(a) the Secretary of State, or
(b) the Authority, with the consent of or in accordance with a general authorisation given by the Secretary of State.
(5) The Secretary of State may by regulations make provision for exceptions from the duty in subsection (1) or (2) (for example, by reference to descriptions of storm overflows, frequency of discharge or the level of risk to water quality).
(6) Before making regulations under this section the Secretary of State must consult such persons as the Secretary of State considers appropriate.
(7) The Secretary of State may not make regulations under this section unless a draft of the statutory instrument containing the regulations has been laid before, and approved by resolution of, each House of Parliament.
82 Monitoring quality of water potentially affected by discharges
(1) In Chapter 4 of Part 4 of the Water Industry Act 1991, after section 141DA insert—
Monitoring quality of water potentially affected by discharges from storm overflows and sewage disposal works
141DB (1) A sewerage undertaker whose area is wholly or mainly in England must continuously monitor the quality of water upstream and downstream of an asset within subsection (2) for the purpose of obtaining the information referred to in subsection (3).
(2) The assets referred to in subsection (1) are—
(a) a storm overflow of the sewerage undertaker, and
(b) sewage disposal works comprised in the sewerage system of the sewerage undertaker,
where the storm overflow or works discharge into a watercourse.
(3) The information referred to in subsection (1) is information as to the quality of the water by reference to—
(a) levels of dissolved oxygen,
(b) temperature and pH values,
(c) turbidity,
(d) levels of ammonia, and
(e) anything else specified in regulations made by the Secretary of State.
(4) The duty of a sewerage undertaker under this section is enforceable under section 18 by—
(a) the Secretary of State, or
(b) the Authority, with the consent of or in accordance with a general authorisation given by the Secretary of State.
(5) The Secretary of State may by regulations make —
(a) provision as how the duty under subsection (1) is to be carried out (for example, provision as to the type of monitor to be used and where monitors must be placed);
(b) provision for exceptions from the duty in subsection (1) (for example, by reference to descriptions of asset, frequency of discharge from an asset or the level of risk to water quality);
(c) provision for the publication by sewerage undertakers of information obtained pursuant to subsection (1).
(6) Before making regulations under this section the Secretary of State must consult such persons as the Secretary of State considers appropriate.
(7) The Secretary of State may not make regulations under this section unless a draft of the statutory instrument containing the regulations has been laid before, and approved by resolution of, each House of Parliament.
(2) In section 213 of the Water Industry Act 1991 (power to make regulations) in subsection (1), for “or 105A” substitute “105A, 141DA or 141DB”.
84 Report on elimination of discharges from storm overflows
(1) The Secretary of State must prepare a report on—
(a) the actions that would be needed to eliminate discharges from the storm overflows of sewerage undertakers whose areas are wholly or mainly in England, and
(b) the costs and benefits of those actions.
(2) The Secretary of State must publish the report before 1 September 2022.
(3) The report must be laid before Parliament once it is published.
In the Water Industry Act 1991, after section 27 insert—
Power to require information for purpose of monitoring
27ZA (1) The Authority may, for the purpose of performing its duty under section 27(1) or (2), serve a notice under subsection (2) on—
(a) a water undertaker or sewerage undertaker;
(b) a water supply licensee or sewerage licensee.
(2) A notice under this subsection is a notice which requires the person on whom it is served—
(a) to produce to the Authority, at a time and place specified in the notice (which must be reasonable), any documents specified or described in the notice which are in that person’s custody or under that person’s control, or
(b) to provide to the Authority, at a time and place and in the form and manner specified in the notice (which must be reasonable), information specified or described in the notice.
(3) The requirements imposed by a notice under subsection (2) are enforceable by the Authority under section 18.
(4) Nothing in this section requires a disclosure of information that would contravene the data protection legislation (but in determining whether a disclosure would do so, take into account the duty imposed by this section).
(5) In subsection (4) “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3(9) of that Act).
86 Water and sewerage undertakers in England: modifying appointments
(1) Part 2 of the Water Industry Act 1991 (appointment and regulation of undertakers) is amended as follows.
(2) After section 12 insert—
Modification of appointment conditions: England
Modification by the Authority
12A (1) This section and sections 12B to 12I apply in relation to a company appointed under this Chapter whose area is wholly or mainly in England.
(2) The Authority may make modifications of the conditions of the company’s appointment under this Chapter.
(3) Before making any modifications under this section, the Authority must give notice—
(a) stating that it proposes to make modifications,
(b) setting out the proposed modifications and their effect,
(c) stating the reasons why it proposes to make the modifications, and
(d) specifying the time within which representations with respect to the proposed modifications may be made.
(4) That time must not be less than 42 days from the date of publication of the notice.
(5) A notice under subsection (3) must be given—
(a) by publishing the notice in a way the Authority considers appropriate for bringing it to the attention of persons likely to be affected by the modifications, and
(b) by sending a copy of it to—
(i) each company holding an appointment under this Chapter the conditions of which the Authority proposes to modify,
(ii) any other company holding an appointment under this Chapter, any water supply licensee and any sewerage licensee, whose interests the Authority considers are likely to be materially affected by the modifications,
(iii) the Secretary of State,
(iv) any person whose functions are or include representing those within sub-paragraph (i) or (ii) in respect of interests of theirs that the Authority considers are likely to be materially affected by the modifications, and
(v) the Consumer Council for Water.
(6) The Authority must consider any representations which are duly made.
(7) If, within the time specified under subsection (3)(d), the Secretary of State directs the Authority not to make a modification, the Authority must comply with the direction.
(8) Subsections (9) to (11) apply where, having complied with subsections (3) to (6), the Authority decides to proceed with making modifications.
(9) The Authority must—
(a) publish the decision and the modifications in a way the Authority considers appropriate for bringing them to the attention of persons likely to be affected by the modifications,
(b) state the effect of the modifications,
(c) state how it has taken account of any representations duly made, and
(d) state the reason for any differences between the modifications and those set out in the notice under subsection (3).
(10) Each modification has effect from the date specified by the Authority in relation to that modification (subject to the giving of a direction under paragraph 2 of Schedule 2ZA).
(11) The date specified may not be less than 56 days from publication of the decision to make the modification (except as provided in section 12B).
Modification of conditions of appointment: early effective date
12B (1) The date specified by virtue of section 12A(10) in relation to a modification under that section may be less than 56 days from the publication of the decision to make the modification if—
(a) the Authority considers it necessary or expedient for the modification to have effect before the 56 days expire, and
(b) the consultation condition is satisfied.
(2) The consultation condition is that the notice under section 12A relating to the modification—
(a) stated the date from which the Authority proposed that the modification should have effect,
(b) stated the Authority’s reasons for proposing that the modification should have effect from a date less than 56 days from the decision to modify, and
(c) explained why, in the Authority’s view, that would not have a material adverse effect on any person holding an appointment under this Chapter.
Modifications of conditions under section 12A: supplementary
12C (1) This section applies where under section 12A the Authority modifies the conditions of any appointment under this Chapter.
(2) The Authority may make such incidental or consequential modifications of the conditions of any appointments as it considers necessary or expedient.
(3) The modification of a condition of an appointment has effect subject to the giving of a direction under paragraph 2 of Schedule 2ZA in relation to the decision to which the modification relates.
Appeal to the CMA
12D (1) An appeal lies to the CMA against a decision by the Authority to proceed with the modification under section 12A of a condition of an appointment under this Chapter.
(2) An appeal may be brought under this section only by—
(a) a company holding an appointment under this Chapter the conditions of which the Authority has decided to modify,
(b) any other company holding an appointment under this Chapter, any water supply licensee or any sewerage licensee, whose interests are materially affected by the decision,
(c) a person whose functions are or include representing those within paragraph (a) or (b) in respect of interests of theirs which are materially affected by the decision, or
(d) the Consumer Council for Water.
(3) The permission of the CMA is required for the bringing of an appeal under this section.
(4) The CMA may refuse permission only on one of the following grounds—
(a) in relation to an appeal brought by a company, water supply licensee or sewerage licensee within subsection (2)(b), that the interests of the company or licensee are not materially affected by the decision;
(b) in relation to an appeal brought by a person within subsection (2)(c), that the interests of the person represented are not materially affected by the decision;
(c) in relation to any appeal, that the appeal is brought for reasons that are trivial or vexatious, or has no reasonable prospect of success.
Procedure on appeal to CMA
12E (1) Schedule 2ZA makes provision about the procedure for appeals under section 12D.
(2) Except where specified otherwise in that Schedule, the functions of the CMA with respect to an appeal under section 12D are to be carried out by a group constituted for that purpose by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013.
Determination by CMA of appeal
12F (1) This section applies to an appeal brought under section 12D.
(2) In determining an appeal, the CMA must have regard, to the same extent as is required of the Authority, to—
(a) the Authority’s duties under section 2, and
(b) the Authority’s strategic priorities and objectives as set out in a statement under section 2A.
(3) In determining the appeal the CMA—
(a) may have regard to any matter to which the Authority was not able to have regard in relation to the decision which is the subject of the appeal, but
(b) must not, in the exercise of that power, have regard to any matter to which the Authority would not have been entitled to have regard in reaching its decision had it had the opportunity of doing so.
(4) The CMA may allow the appeal only to the extent that it is satisfied that the decision appealed against was wrong on one or more of the following grounds—
(a) that the Authority failed properly to have regard to any matter mentioned in subsection (2),
(b) that the Authority failed to give appropriate weight to any matter mentioned in subsection (2),
(c) that the decision was based, wholly or partly, on an error of fact,
(d) that the modifications fail to achieve, in whole or in part, the effect stated by the Authority by virtue of section 12A(9)(b),
(e) that the Authority did not follow the procedure required by sections 12A to 12C, or
(f) that the decision was otherwise wrong in law.
(5) To the extent that the CMA does not allow the appeal, it must confirm the decision appealed against.
CMA’s powers on allowing an appeal
12G (1) Where the CMA allows an appeal under section 12D to any extent, it must do one or both of the following—
(a) quash the decision (to the extent that the appeal is allowed);
(b) remit the matter back to the Authority for reconsideration and determination in accordance with any directions given by the CMA.
(2) A direction under subsection (1) must not require the Authority to do anything that it would not have power to do (apart from the direction).
(3) The Authority must comply with a direction given to it under that subsection.
Time limits for CMA to determine an appeal
12H (1) The CMA must determine an appeal within the period of 4 months beginning with the permission date, unless subsection (2) applies.
(2) This subsection applies where—
(a) the CMA has received representations on the timing of the determination from a party to the appeal, and
(b) it is satisfied that there are special reasons why the determination cannot be made within the period specified in subsection (1).
(3) Where subsection (2) applies, the CMA must determine an appeal within the period specified by it, not being longer than the period of 5 months beginning with the permission date.
(4) Where subsection (2) applies, the CMA must also—
(a) inform the parties to the appeal of the time limit for determining the appeal, and
(b) publish that time limit in a way it considers appropriate to bring it to the attention of any other persons likely to be affected by the determination.
(5) References in this section to the permission date are to the date on which the CMA gave permission to bring the appeal in accordance with section 12D(3).
(6) In this section and in section 12I any reference to a party to an appeal is to be read in accordance with Schedule 2ZA.
Determination of appeal by CMA: supplementary
12I (1) A determination by the CMA on an appeal—
(a) must be contained in an order made by the CMA;
(b) must set out the reasons for the determination;
(c) takes effect at the time specified in the order or determined in accordance with provision made in the order;
(d) must be notified by the CMA to the parties to the appeal;
(e) must be published by the CMA—
(i) as soon as reasonably practicable after the determination is made;
(ii) in a way the CMA considers appropriate to bring it to the attention of any person likely to be affected by it (other than a party to the appeal).
(2) The CMA may exclude from publication any information it is satisfied is—
(a) commercial information, the disclosure of which would, or in the CMA’s opinion might, significantly harm the legitimate business interests of an undertaking to which it relates, or
(b) information relating to the private affairs of an individual, the disclosure of which would, or in the CMA’s opinion might, significantly harm the individual’s interests.
(3) The Authority must take such steps as it considers requisite for it to comply with an order of the CMA under subsection (1)(a).
(4) The steps must be taken—
(a) if a time is specified in (or is to be determined in accordance with) the order, within that time;
(b) in any other case, within a reasonable time.
(5) Section 12C applies where a condition of a licence is modified in accordance with section 12G as it applies where a condition of a licence is modified under section 12A.
(3) For the italic heading before section 13 substitute—
Modification of appointment conditions: Wales
.
(4) In section 13 (modification by agreement), before subsection (1) insert—
(A1) This section and sections 14 to 16B apply in relation to a company appointed under this Chapter whose area is wholly or mainly in Wales.
(5) Before section 17 insert—
Modification of appointment conditions: England and Wales
.
(6) After Schedule 2 insert the Schedule set out in Schedule 13.
(7) In paragraph 35(3) of Schedule 4 to the Enterprise and Regulatory Reform Act 2013 (CMA Panels), in the definition of “specialist utility functions”, after paragraph (c) insert—
(ca) an appeal under section 12D of that Act;
.
In section 216 of the Water Industry Act 1991 (service of documents) after subsection (4) insert—
(4A) Any document required or authorised by virtue of this Act to be served on any person may be served by electronic means.
(4B) But a document may be served by electronic means on a person who is a consumer only if—
(a) the person has consented in writing to the receipt of documents by electronic means (and has not withdrawn that consent), and
(b) the document is sent to the number or address most recently specified by the person for that purpose.
(4C) For the purposes of subsection (4B) “consumer” means a person who is liable to pay charges in respect of—
(a) the supply of water to any premises, or
(b) the provision of sewerage services to any premises,
but does not include a water undertaker, a water supply licensee, a sewerage undertaker, a sewerage licensee, or the Authority.
88 Water abstraction: no compensation for certain licence modifications
(1) In the Water Resources Act 1991, after section 61 insert—
No compensation where modification to protect environment: England
61ZA (1) This section applies where—
(a) a relevant licence is revoked or varied on or after 1 January 2028 in pursuance of a direction under section 54 or 56, and
(b) the ground for revoking or varying the licence is that the Secretary of State is satisfied the revocation or variation is necessary—
(i) having regard to a relevant environmental objective, or
(ii) to otherwise protect the water environment from damage.
(2) A “relevant licence” is a licence to abstract water that—
(a) is to abstract water in England only, and
(b) is to remain in force until revoked.
(3) Where this section applies, no compensation is payable under section 61 in respect of the revocation or variation of the licence.
(4) In this section the “water environment” means—
(a) any inland waters (including, in relation to a lake, pond, river or watercourse that is for the time being dry, its bottom, channel or bed),
(b) any water contained in underground strata,
(c) any underground strata themselves,
or any flora or fauna dependent on any of them.
(5) In this section “relevant environmental objective” means an environmental objective within the meaning of whichever of the following is applicable—
(a) the Water Environment (Water Framework Directive) (England and Wales) Regulations 2017 (S.I. 2017/407);
(b) the Water Environment (Water Framework Directive) (Solway Tweed River Basin District) Regulations 2004 (S.I. 2004/99);
(c) the Water Environment (Water Framework Directive) (Northumbria River Basin District) Regulations 2003 (S.I. 2003/3245).
No compensation where variation to remove excess headroom: England
61ZB (1) This section applies if a relevant licence is varied in pursuance of a direction under section 54 on or after 1 January 2028 so as to reduce the quantity of water the holder is authorised to abstract.
(2) A “relevant licence” is a licence to abstract water that—
(a) is to abstract water in England only, and
(b) is to remain in force until revoked.
(3) No compensation is payable under section 61 if—
(a) in each year during the 12 year period ending with the relevant date, the quantity of water abstracted in pursuance of the licence did not exceed 75% of the quantity of water the holder was authorised to abstract in that year, and
(b) the ground for varying the licence is that the Secretary of State is satisfied the variation does not reduce the quantity of water the holder is authorised to abstract to a level below that which the holder reasonably requires.
(4) In subsection (3) the “relevant date” is the date on which the notice of the proposals for varying the licence was served on the holder of the licence.
(2) In section 27 of the Water Act 2003 (withdrawal of compensation for certain revocations and variations), after subsection (3) insert—
(4) This section does not apply in respect of a licence revoked or varied on or after 1 January 2028 if the licence is a “relevant licence” within the meaning of section 61ZA of the Water Resources Act 1991.
(3) Omit paragraph 30(4) of Schedule 8 to the Water Act 2014.
(1) The Secretary of State may by regulations amend or modify any legislation to which this section applies for the purpose of—
(a) making provision about the substances to be taken into account in assessing the chemical status of surface water or groundwater;
(b) specifying standards in relation to those substances or in relation to the chemical status of surface water or groundwater.
(2) This section applies to —
(a) the Water Environment (Water Framework Directive) (England and Wales) Regulations 2017 (S.I. 2017/407);
(b) the Water Environment (Water Framework Directive) (Northumbria River Basin District) Regulations 2003 (S.I. 2003/3245);
(c) the Water Environment (Water Framework Directive) (Solway Tweed River Basin District) Regulations 2004 (S.I. 2004/99);
(d) the Groundwater Regulations (Northern Ireland) 2009 (S.R. (N.I.) 2009 No. 254);
(e) the Water Framework Directive (Classification, Priority Substances and Shellfish Waters) Regulations (Northern Ireland) 2015 (S.R. (N.I.) 2015 No. 351);
(f) the Water Environment (Water Framework Directive) Regulations (Northern Ireland) 2017 (S.R. (N.I.) 2017 No. 81);
(g) any regulations modifying that legislation made under or by virtue of the European Union (Withdrawal) Act 2018.
(3) Regulations under subsection (1) may also, in connection with provision made under subsection (1)(a) or (b), amend or modify legislation to which this section applies so as to make provision—
(a) setting objectives in relation to the substances about which the provision is made, or in relation to the chemical status of surface water or groundwater (including objectives to maintain specified standards or to achieve specified standards by specified dates);
(b) about how objectives set by the regulations are to be met, including provision requiring, or otherwise relating to, measures to be taken to achieve those objectives;
(c) requiring, or otherwise relating to, the monitoring or assessment of any matter relating to the chemical status of surface water or the chemical status of groundwater;
(d) about the classification of bodies of water according to their chemical status or any matter relating to their chemical status.
(4) Regulations under this section may not contain provision that could be contained in—
(a) regulations made by the Welsh Ministers under section 90, or
(b) regulations made by the Department of Agriculture, Environment and Rural Affairs in Northern Ireland under section 91,
unless those Ministers or that Department consents.
(5) Regulations under this section may not contain provision applying to that part of a Scottish cross-border river basin district which is in Scotland, unless the Scottish Ministers consent.
(6) Before making regulations under this section the Secretary of State must consult—
(a) if the regulations apply to England (or part of England), the Environment Agency;
(b) if the regulations do not require the consent of the Welsh Ministers but apply to any part of a Welsh cross-border river basin district, the Welsh Ministers;
(c) if the regulations do not require the consent of the Scottish Ministers but apply to any part of a Scottish cross-border river basin district, the Scottish Ministers;
(d) any persons or bodies appearing to the Secretary of State to represent the interests of those likely to be affected by the regulations.
(7) A “Scottish cross-border river basin district” is a river basin district which is partly in England and partly in Scotland.
(8) A “Welsh cross-border river basin district” is a river basin district which is partly in England and partly in Wales.
(9) Regulations under this section are subject to the negative procedure.
(1) The Welsh Ministers may by regulations amend or modify any legislation to which this section applies for the purpose of—
(a) making provision about the substances to be taken into account in assessing the chemical status of surface water or groundwater;
(b) specifying standards in relation to those substances or in relation to the chemical status of surface water or groundwater.
(2) This section applies to —
(a) the Water Environment (Water Framework Directive) (England and Wales) Regulations 2017 (S.I. 2017/407);
(b) any regulations modifying that legislation made under or by virtue of the European Union (Withdrawal) Act 2018.
(3) Regulations under subsection (1) may also, in connection with provision made under subsection (1)(a) or (b), amend or modify legislation to which this section applies so as to make provision—
(a) setting objectives in relation to the substances about which the provision is made, or in relation to the chemical status of surface water or groundwater (including objectives to maintain specified standards or to achieve specified standards by specified dates);
(b) about how objectives set by the regulations are to be met, including provision requiring, or otherwise relating to, measures to be taken to achieve those objectives;
(c) requiring, or otherwise relating to, the monitoring or assessment of any matter relating to the chemical status of surface water or the chemical status of groundwater;
(d) about the classification of bodies of water according to their chemical status or any matter relating to their chemical status.
(4) Before making regulations under this section the Welsh Ministers must consult—
(a) the Natural Resources Body for Wales;
(b) if the regulations apply to any part of a river basin district which is partly in Wales and partly in England, the Secretary of State;
(c) any persons or bodies appearing to the Welsh Ministers to represent the interests of those likely to be affected by the regulations.
(5) Regulations under this section may contain only provision which, if contained in an Act of Senedd Cymru, would (disregarding paragraphs 8(1)(c) and 11(1)(a) and (c) of Schedule 7B to the Government of Wales Act 2006) be within the legislative competence of the Senedd.
(6) Regulations under this section are subject to the negative procedure.
91 Water quality: powers of Northern Ireland department
(1) The Department of Agriculture, Environment and Rural Affairs in Northern Ireland may by regulations amend or modify any legislation to which this section applies for the purpose of—
(a) making provision about the substances to be taken into account in assessing the chemical status of surface water or groundwater;
(b) specifying standards in relation to those substances or in relation to the chemical status of surface water or groundwater.
(2) This section applies to—
(a) the Groundwater Regulations (Northern Ireland) 2009 (S.R. (N.I.) 2009 No. 254);
(b) the Water Framework Directive (Classification, Priority Substances and Shellfish Waters) Regulations (Northern Ireland) 2015 (S.R. (N.I.) 2015 No. 351);
(c) the Water Environment (Water Framework Directive) Regulations (Northern Ireland) 2017 (S.R. (N.I.) 2017 No. 81);
(d) any regulations modifying that legislation made under or by virtue of the European Union (Withdrawal) Act 2018.
(3) Regulations under subsection (1) may also, in connection with provision made under subsection (1)(a) or (b), amend or modify legislation to which this section applies so as to make provision—
(a) setting objectives in relation to the substances about which the provision is made, or in relation to the chemical status of surface water or groundwater (including objectives to maintain specified standards or to achieve specified standards by specified dates);
(b) about how objectives set by the regulations are to be met, including provision requiring, or otherwise relating to, measures to be taken to achieve those objectives;
(c) requiring, or otherwise relating to, the monitoring or assessment of any matter relating to the chemical status of surface water or the chemical status of groundwater;
(d) about the classification of bodies of water according to their chemical status or any matter relating to their chemical status.
(4) Before making regulations under this section the Department must consult any persons or bodies appearing to the Department to represent the interests of those likely to be affected by the regulations.
(5) Regulations under this section may contain only provision which, if contained in an Act of the Northern Ireland Assembly, would be within the legislative competence of the Assembly and would not require the Secretary of State’s consent.
(6) Regulations under this section are subject to the negative procedure.
92 Solway Tweed river basin district: power to transfer functions
(1) The Secretary of State may by regulations amend or modify the Solway Tweed Regulations in accordance with this section.
(2) The “Solway Tweed Regulations” means the Water Environment (Water Framework Directive) (Solway Tweed River Basin District) Regulations 2004 (S.I. 2004/99).
(3) The regulations may provide for a function under the Solway Tweed Regulations which is exercisable (to any extent)—
(a) by the Secretary of State and the Scottish Ministers jointly,
(b) by the Secretary of State and the Scottish Ministers concurrently, or
(c) only by the Secretary of State or the Scottish Ministers,
to be exercised (to any extent) in another of those ways.
(4) The regulations may provide for a function under the Solway Tweed Regulations which is exercisable (to any extent)—
(a) by the Environment Agency and SEPA jointly,
(b) by the Environment Agency and SEPA concurrently, or
(c) only by the Environment Agency or SEPA,
to be exercised (to any extent) in another of those ways.
(5) The regulations may make provision changing the geographical area in relation to which a function under the Solway Tweed Regulations is exercisable (or is exercisable by a specified person).
(6) The regulations may also provide—
(a) for a function within subsection (3) to be exercisable only with the consent of, or after consultation with, the Secretary of State or the Scottish Ministers;
(b) for a function within subsection (4) to be exercisable only with the consent of, or after consultation with, the Environment Agency, SEPA, the Secretary of State or the Scottish Ministers.
(7) The Secretary of State may make regulations under this section only with the consent of the Scottish Ministers.
(8) Regulations under this section are subject to the negative procedure.
(9) In this section “SEPA” means the Scottish Environment Protection Agency.
In sections 89 to 92—
“groundwater” has the same meaning as in the Water Framework Directive;
“river basin district” means an area identified as such by or under any legislation to which the section in question applies;
“surface water” has the same meaning as in the Water Framework Directive;
“Water Framework Directive” means Directive 2000/60/EC of the European Parliament and of the Council establishing a framework for Community action in the field of water policy.
94 Valuation of other land in drainage district: England
(1) Section 37 of the Land Drainage Act 1991 (apportionment of internal drainage board’s drainage expenses) is amended in accordance with subsections (2) and (3).
(2) In subsection (5), in the words before paragraph (a), after “shall” insert “, subject to subsection (5ZA)”.
(3) After subsection (5) insert—
(5ZA) The Secretary of State may by regulations make provision for the value of other land in an English internal drainage district to be determined in accordance with the regulations.
(5ZB) The provision that may be made under subsection (5ZA) includes, in particular, provision—
(a) about methods to be applied, or factors to be taken into account, in determining the value of land;
(b) for the value of land to be determined on the basis of estimates, assumptions or averages;
(c) for the value of land to be determined by reference to such time or times as may be specified in the regulations;
(d) for the value of land to be determined by reference to the value shown for the time being in a list or register prepared for the purposes of another enactment;
(e) for determining the value of land which is only partly within the internal drainage district in question;
(f) for the making of adjustments to what would otherwise be determined to be the value of land;
(g) for land to be taken to have a nil value.
(5ZC) Regulations under subsection (5ZA) may apply in relation to—
(a) English drainage boards specified in the regulations;
(b) English drainage boards of a description specified in the regulations;
(c) all English drainage boards.
(5ZD) Provision made by virtue of subsection (5ZC) may, in particular, include provision for an English drainage board—
(a) to elect that the regulations are to apply to them, and
(b) to make such an election in accordance with the procedure specified in the regulations.
(5ZE) Regulations under subsection (5ZA) may—
(a) make different provision for different cases, including different provision in relation to different circumstances or different descriptions of English drainage board or of land;
(b) make such incidental, supplementary, consequential, transitional, transitory or saving provision as the Secretary of State considers appropriate.
(5ZF) Provision made by virtue of subsection (5ZE)(b) may include provision which amends or repeals any provision of this Act.
(5ZG) Before making regulations under subsection (5ZA) the Secretary of State must consult such persons (if any) as the Secretary of State considers appropriate having regard to the extent to which the regulations are, in the view of the Secretary of State, likely to affect the valuation of any land.
(5ZH) Regulations may not be made under subsection (5ZA) unless a draft of the instrument containing the regulations has been laid before, and approved by a resolution of, each House of Parliament.
(4) In section 65(2) of that Act (regulations) after “Subject to” insert “section 37(5ZH)”.
96 Valuation of agricultural land in drainage district: England and Wales
(1) The Land Drainage Act 1991 is amended as follows.
(2) In section 41 (rates charged by reference to annual value of agricultural land and buildings), in subsection (2), at the end insert—
This is subject to section 41A below.
(3) After section 41 insert—
Alternative method of calculating annual value of agricultural land and buildings
41A (1) The appropriate national authority may by regulations make provision for the annual value of each chargeable property in an internal drainage district to be determined for the purposes of this Chapter by the drainage board for that district in accordance with the regulations.
Any determination made under the regulations is subject to sections 43 and 44 below.
(2) In this section “the appropriate national authority” means—
(a) in the case of any English internal drainage district, the Secretary of State;
(b) in the case of any Welsh internal drainage district, the Welsh Ministers.
(3) Regulations under subsection (1) may, in particular, make provision—
(a) about the date by which a drainage board are to determine the annual value of each chargeable property in their internal drainage district;
(b) about methods to be applied, or factors to be taken into account, in determining the annual value of a chargeable property;
(c) for the annual value of a chargeable property to be determined on the basis of estimates, assumptions or averages;
(d) for the annual value of a chargeable property to be determined by reference to such time or times as may be specified in the regulations;
(e) for the annual value of a chargeable property to be determined by reference to the value shown for the time being in a list or register prepared for the purposes of another enactment;
(f) for the annual value of a chargeable property to be determined by reference to the amount payable under a hypothetical transaction involving the property;
(g) for determining the annual value of a chargeable property which is only partly within the internal drainage district in question;
(h) for the making of adjustments to what would otherwise be determined to be the annual value of a chargeable property;
(i) for the determination of the annual value of a chargeable property to be made on behalf of a drainage board by a person, or a person of a description, specified in the regulations;
(j) about the appointment by the drainage board of such a person.
(4) Provision made by virtue of subsection (3)(f) may, in particular, include provision as to—
(a) the assumptions to be made about—
(i) the date of the transaction;
(ii) the nature of the transaction;
(iii) the characteristics of the parties to the transaction;
(iv) the characteristics of the property;
(v) the terms of the transaction;
(b) any matters relating to the chargeable property which are to be taken into account or disregarded;
(c) any matters relating to comparable transactions which are to be taken into account or disregarded.
(5) Regulations under subsection (1) may make provision which—
(a) applies to a drainage board which have determined the annual values of the chargeable properties in their internal drainage district for the purposes of this Chapter under the regulations (regardless of whether any of those determinations has been replaced under section 43 below or altered on appeal under section 46 below), and
(b) requires the drainage board to make further determinations of those values for those purposes in accordance with the regulations at such times or at the end of such periods as may be specified in the regulations.
(6) Provision made by virtue of subsection (5) may, in particular—
(a) make provision in relation to such a further determination which is the same as or similar to that made in relation to an initial determination, or
(b) apply provision in the regulations relating to an initial determination to a further determination, with or without modifications.
(7) Regulations made by the Secretary of State under subsection (1) may apply in relation to—
(a) English drainage boards specified in the regulations;
(b) English drainage boards of a description specified in the regulations;
(c) all English drainage boards.
(8) Regulations made by the Welsh Ministers under subsection (1) may apply in relation to—
(a) Welsh drainage boards specified in the regulations;
(b) Welsh drainage boards of a description specified in the regulations;
(c) all Welsh drainage boards.
(9) Provision made by virtue of subsection (7) or (8) may, in particular, include provision for an internal drainage board—
(a) to elect that the regulations are to apply to them, and
(b) to make such an election in accordance with the procedure specified in the regulations.
(10) Regulations under subsection (1) may—
(a) make different provision for different cases, including different provision in relation to different circumstances or different descriptions of drainage board or of land;
(b) make such incidental, supplementary, consequential, transitional, transitory or saving provision as the appropriate national authority considers appropriate.
(11) Provision made by virtue of subsection (10)(b) may include provision which amends or repeals any provision of this Act.
(12) Before making regulations under subsection (1) the appropriate national authority must consult such persons (if any) as the authority considers appropriate having regard to the extent to which the regulations are, in the view of the authority, likely to affect the valuation of any chargeable properties.
(13) Regulations may not be made under subsection (1) by the Secretary of State unless a draft of the instrument containing the regulations has been laid before, and approved by a resolution of, each House of Parliament.
(14) Regulations may not be made under subsection (1) by the Welsh Ministers unless a draft of the instrument containing the regulations has been laid before, and approved by a resolution of, Senedd Cymru.
(4) In section 42 (determination of annual value)—
(a) in subsection (4) after “under this section” insert “or under regulations under section 41A(1) above”;
(b) in subsection (5) after “subsections (1) and (2) above” insert “or under regulations under section 41A above”.
(5) In section 44 (effect of determinations under section 43) in each of subsections (2) and (3) after “Subject to” insert “regulations under section 41A above and to”.
(6) In section 45 (appeals against determinations of annual value)—
(a) in subsection (1) after “determination under” insert “regulations under section 41A above or a determination under”;
(b) in subsection (3)(b) after “determination under” insert “regulations under section 41A above or a fresh determination under”;
(c) in subsection (7) after “determination under” insert “regulations under section 41A above or a determination under”.
(7) In section 46 (hearing and determination of appeals under section 45) in each of subsections (2)(a), (3), (4), (5), (6), (7) and (8) after “determination under” insert “regulations under section 41A above or a determination under”.
(8) In section 65(2) (regulations) after “section 37A(6) and (7),” insert “section 41A(13) and (14) and”.
(1) The Land Drainage Act 1991 is amended as follows.
(2) After section 37 insert—
Disclosure of Revenue and Customs information
Disclosure of Revenue and Customs information
37A (1) An officer of the Valuation Office of Her Majesty’s Revenue and Customs may disclose Revenue and Customs information to a qualifying person for a qualifying purpose.
(2) Information disclosed to a qualifying person under this section may be retained and used for any qualifying purpose.
(3) Each of the following is a “qualifying person”—
(a) an internal drainage board;
(b) the Agency;
(c) the Natural Resources Body for Wales;
(d) a person authorised to exercise any function of a body within paragraph (a), (b) or (c) relating to drainage rates or special levies;
(e) a person providing services to a body within paragraph (a), (b) or (c) relating to drainage rates or special levies;
(f) the Secretary of State;
(g) the Welsh Ministers;
(h) any other person specified in regulations made by the appropriate national authority.
(4) Each of the following is a “qualifying purpose”—
(a) enabling the qualifying person to whom the disclosure is made, or any other qualifying person, to carry out any functions conferred by or under Chapter 1 or 2 of this Part or section 75 of the Local Government Finance Act 1988;
(b) enabling the qualifying person to whom the disclosure is made, or any other qualifying person, to determine for the purposes of Part 1 how functions mentioned in paragraph (a) might be exercised by—
(i) an internal drainage board which is proposed to be constituted under that Part, or
(ii) the drainage board for an internal drainage district which is proposed to be constituted under that Part.
(5) Regulations under subsection (3)(h) may only be made with the consent of the Commissioners for Her Majesty’s Revenue and Customs.
(6) Regulations may not be made under subsection (3)(h) by the Secretary of State unless a draft of the instrument containing the regulations has been laid before, and approved by a resolution of, each House of Parliament.
(7) Regulations may not be made under subsection (3)(h) by the Welsh Ministers unless a draft of the instrument containing the regulations has been laid before, and approved by a resolution of, Senedd Cymru.
(8) In this section—
“the appropriate national authority” means—
the Secretary of State in relation to English internal drainage districts, and
the Welsh Ministers in relation to Welsh internal drainage districts;
“drainage rates” means drainage rates made by an internal drainage board under Chapter 2 of this Part;
“Revenue and Customs information” means information held as mentioned in section 18(1) of the Commissioners for Revenue and Customs Act 2005;
“special levy” means a special levy issued by an internal drainage board under regulations under section 75 of the Local Government Finance Act 1988.
Restrictions on onward disclosure of Revenue and Customs information
37B (1) Information disclosed under section 37A or this section may not be further disclosed unless that further disclosure is—
(a) to a qualifying person for a qualifying purpose,
(b) in pursuance of a court order,
(c) with the consent of each person to whom the information relates,
(d) required under any other enactment, or
(e) permitted under any other enactment.
(2) Information may not be disclosed—
(a) under subsection (1)(a) to a qualifying person within section 37A(3)(d), (e), (f) or (g),
(b) under subsection (1)(a) to a person who is a qualifying person by virtue of regulations under section 37A(3)(h), where those regulations specify that this subsection is to apply in relation to the person, or
(c) under subsection (1)(e),
except with the consent of the Commissioners for Her Majesty’s Revenue and Customs (which may be general or specific).
(3) Information disclosed to a qualifying person under this section may be retained and used for any qualifying purpose.
(4) A person commits an offence if the person contravenes subsection (1) or (2) by disclosing information relating to a person whose identity—
(a) is specified in the disclosure, or
(b) can be deduced from it.
(5) It is a defence for a person charged with an offence under this section to prove that the person reasonably believed—
(a) that the disclosure was lawful, or
(b) that the information had already lawfully been made available to the public.
(6) A person guilty of an offence under this section is liable—
(a) on summary conviction, to imprisonment for a term not exceeding 12 months, to a fine or to both;
(b) on conviction on indictment, to imprisonment for a term not exceeding two years, to a fine or to both.
(7) A prosecution under this section may be instituted only by, or with the consent of, the Director of Public Prosecutions.
(8) In relation to an offence under this section committed before the coming into force of paragraph 24(2) of Schedule 22 to the Sentencing Act 2020 (increase in maximum term that may be imposed on summary conviction of offence triable either way) the reference in subsection (6)(a) to 12 months is to be read as a reference to 6 months.
(9) This section is without prejudice to the pursuit of any remedy or the taking of any action in relation to a contravention of subsection (1) or (2) (whether or not subsection (4) applies to the contravention).
(10) In this section—
“qualifying person” has the same meaning as in section 37A;
“qualifying purpose” has the same meaning as in that section.
Further provisions about disclosure under section 37A or 37B
37C (1) A disclosure of information under section 37A or 37B does not breach—
(a) any obligation of confidence owed by the person making the disclosure, or
(b) any other restriction on the disclosure of information (however imposed).
(2) But nothing in section 37A or 37B authorises the making of a disclosure—
(a) if the disclosure would contravene the data protection legislation (but in determining whether a disclosure would do so, take the powers conferred by those sections into account), or
(b) which is prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016.
(3) Until the repeal of Part 1 of the Regulation of Investigatory Powers Act 2000 by paragraphs 45 and 54 of Schedule 10 to the Investigatory Powers Act 2016 is fully in force, subsection (2)(b) has effect as if it included a reference to that Part.
(4) Revenue and customs information relating to a person which has been disclosed under section 37A or 37B is exempt information by virtue of section 44(1)(a) of the Freedom of Information Act 2000 (prohibition on disclosure) if its further disclosure—
(a) would specify the identity of the person to whom the information relates, or
(b) would enable the identity of such a person to be deduced.
(5) In subsection (4) “revenue and customs information relating to a person” has the same meaning as in section 19(2) of the Commissioners for Revenue and Customs Act 2005.
(6) In this section “data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3(9) of that Act).
(3) In section 65(2) (regulations) after “and (5E),” insert “section 37A(6) and (7),”.
(4) In section 70 (confidentiality of information obtained by Environment Agency and Natural Resources Body for Wales)—
(a) the existing provision becomes subsection (1);
(b) after that subsection insert—
(2) Subsection (1) does not apply to information obtained by virtue of section 37A (disclosure of Revenue and Customs information).
(5) In section 72(1) (interpretation), at the appropriate places insert—
“enactment” includes an enactment comprised in subordinate legislation within the meaning of the Interpretation Act 1978;
;
“English drainage board” means a drainage board for an English internal drainage district;
;
“English internal drainage district” means an internal drainage district which is wholly or mainly in England;
;
“Welsh drainage board” means a drainage board for a Welsh internal drainage district;
;
“Welsh internal drainage district” means an internal drainage district which is wholly or mainly in Wales.
.
(1) The Secretary of State may by regulations make provision for and in relation to a register of biodiversity gain sites (“the biodiversity gain site register”).
(2) A biodiversity gain site is land where—
(a) a person is required under a conservation covenant or planning obligation to carry out works for the purpose of habitat enhancement,
(b) that or another person is required to maintain the enhancement for at least 30 years after the completion of those works, and
(c) for the purposes of Schedule 7A to the Town and Country Planning Act 1990 the enhancement is made available to be allocated (conditionally or unconditionally, and whether for consideration or otherwise) in accordance with the terms of the covenant or obligation to one or more developments for which planning permission is granted.
(3) Regulations under this section must provide for the information in the register to be accessible to members of the public.
(4) Regulations under this section may in particular make provision about—
(a) the person who is to establish and maintain the biodiversity gain site register (who may be the Secretary of State, Natural England or another person);
(b) circumstances in which land is or is not eligible to be registered;
(c) applications to register land in the register;
(d) the information to be recorded in relation to any land that is registered;
(e) amendments to the register;
(f) removal of land from the register;
(g) fees payable in respect of any application under the regulations.
(5) Provision under subsection (4)(c) may in particular include provision about—
(a) who is entitled to apply to register land in the biodiversity gain site register;
(b) the procedure to be followed in making an application;
(c) the information to be provided in respect of an application;
(d) how an application is to be determined;
(e) appeals against the rejection of an application;
(f) financial penalties for the supply of false or misleading information in connection with an application.
(6) Provision under subsection (4)(d) may in particular require the recording of the following in relation to any land registered in the biodiversity gain site register—
(a) the location and area of the land;
(b) the works to be carried out on the land and the habitat enhancement to be achieved by them;
(c) information about the habitat of the land before the commencement of those works;
(d) the person who applied to register the land and (if different) the person by whom the requirement to carry out the works or maintain the habitat enhancement is enforceable;
(e) any development to which any of the habitat enhancement has been allocated;
(f) the biodiversity value (for the purposes of Schedule 7A to the Town and Country Planning Act 1990 or Schedule 2A to the Planning Act 2008) of any such habitat enhancement in relation to any such development.
(7) Regulations under this section may amend subsection (2)(b) so as to substitute for the period for the time being specified there a different period of at least 30 years.
(8) Regulations under this section making provision under subsection (4)(g) or (5)(f) are subject to the affirmative procedure.
(9) Other regulations under this section are subject to the negative procedure.
(10) The Secretary of State must keep under review—
(a) the supply of land for registration in the biodiversity gain site register;
(b) whether the period specified in subsection (2)(b) or in paragraph 9(3) of Schedule 7A to the Town and Country Planning Act 1990 can be increased under subsection (7) or paragraph 9(4) of that Schedule without adversely affecting that supply.
(11) In this section “development”, “habitat enhancement”, “planning obligation” and “planning permission” have the same meanings as in Schedule 7A to the Town and Country Planning Act 1990.
(1) The Secretary of State may make arrangements under which a person who is entitled to carry out the development of any land may purchase a credit from the Secretary of State for the purpose of meeting the biodiversity gain objective referred to in Schedule 7A to the Town and Country Planning Act 1990 or Schedule 2A to the Planning Act 2008.
(2) A credit is to be regarded for the purposes of that Schedule as having such biodiversity value as is determined under the arrangements.
(3) The arrangements may in particular include arrangements relating to—
(a) applications to purchase credits;
(b) the amount payable in respect of a credit of a given value;
(c) proof of purchase;
(d) reimbursement for credits purchased for development which is not carried out.
(4) In determining the amount payable under the arrangements for a credit of a given value the Secretary of State must have regard to the need to determine an amount which does not discourage the registration of land in the biodiversity gain sites register.
(5) The Secretary of State must publish information about the arrangements, including in particular the amount payable for credits.
(6) The Secretary of State may use payments received under arrangements under this section for the following purposes (only)—
(a) carrying out works, or securing the carrying out of works, for the purpose of habitat enhancement (within the meaning of Part 7A of the Town and Country Planning Act 1990) on land in England;
(b) purchasing interests in land in England with a view to carrying out works, or securing the carrying out of works, for that purpose;
(c) operating or administering the arrangements.
(7) The references to works in subsection (6) do not include works which the Secretary of State is required to carry out apart from this section by virtue of any enactment.
(8) The Secretary of State must publish reports relating to the discharge of the Secretary of State’s functions under subsections (1) and (6).
(9) A report must relate to a period not exceeding a year which—
(a) in the case of the first report, begins on the date on which Schedule 7A to the Town and Country Planning Act 1990 comes into force in relation to any development (within the meaning of Part 3 of that Act), and
(b) in the case of any subsequent report, begins on the day after the last day of the period to which the previous report related.
(10) A report must set out—
(a) the total payments received under arrangements under this section in the period to which the report relates,
(b) how those payments have been used, and
(c) where those payments have been used for the purpose of carrying out or securing the carrying out of works for the purpose of habitat enhancement, the projected biodiversity value of the habitat enhancement at such time or times after completion of the works as the Secretary of State considers it appropriate to specify.
102 General duty to conserve and enhance biodiversity
(1) Section 40 of the Natural Environment and Rural Communities Act 2006 (duty to conserve biodiversity) is amended in accordance with subsections (2) to (7).
(2) In the heading, after “conserve” insert “and enhance”.
(3) For subsections (A1) and (1) substitute—
(A1) For the purposes of this section “the general biodiversity objective” is the conservation and enhancement of biodiversity in England through the exercise of functions in relation to England.
(1) A public authority which has any functions exercisable in relation to England must from time to time consider what action the authority can properly take, consistently with the proper exercise of its functions, to further the general biodiversity objective.
(1A) After that consideration the authority must (unless it concludes there is no new action it can properly take)—
(a) determine such policies and specific objectives as it considers appropriate for taking action to further the general biodiversity objective, and
(b) take such action as it considers appropriate, in the light of those policies and objectives, to further that objective.
(1B) The requirements of subsection (1A)(a) may be satisfied (to any extent) by revising any existing policies and specific objectives for taking action to further the general biodiversity objective.
(1C) The first consideration required by subsection (1) must be completed by the authority within the period of one year beginning with the day on which section 102 of the Environment Act 2021 comes into force.
(1D) Any subsequent consideration required by subsection (1) must be completed no more than five years after the completion of the authority’s previous consideration.
(1E) A determination required by subsection (1A)(a) must be made as soon as practicable after the completion of the consideration to which it relates.
(1F) Nothing in this section prevents the authority from—
(a) determining or revising policies and specific objectives at any time, or
(b) taking action to further the general biodiversity objective at any time.
(4) In subsection (2) for “subsection (1)” substitute “subsections (1) and (1A)”.
(5) After subsection (2) insert—
(2A) In complying with subsections (1) and (1A) the authority must in particular have regard to—
(a) any relevant local nature recovery strategy, and
(b) any relevant species conservation strategy or protected site strategy prepared by Natural England.
(2B) The Secretary of State must issue guidance to local planning authorities as to how they are to comply with their duty under subsection (2A)(a) when complying with subsections (1) and (1A) in their capacity as such authorities.
(2C) Guidance under subsection (2B) must be—
(a) published by the Secretary of State in such manner as the Secretary of State thinks fit,
(b) kept under review, and
(c) revised where the Secretary of State considers it appropriate.
(2D) The first guidance under subsection (2B) must be published by the Secretary of State within the period of two years beginning with the day on which section 102 of the Environment Act 2021 comes into force.
(6) For subsection (3) substitute—
(3) The action which may be taken by the authority to further the general biodiversity objective includes, in particular, action taken for the purpose of—
(a) conserving, restoring or otherwise enhancing a population of a particular species, and
(b) conserving, restoring or otherwise enhancing a particular type of habitat.
(7) After subsection (5) insert—
(6) This section has effect in relation to Her Majesty’s Revenue and Customs with the following modifications—
(a) the omission from subsection (A1) of the words “in England” and “in relation to England”;
(b) the omission from subsection (1) of the words from “which” to “England”.
(7) In this section references to England include the territorial sea adjacent to England.
(8) In section 41 of that Act (biodiversity lists and action (England))—
(a) in subsection (1), after “conserving” insert “or enhancing”;
(b) in subsection (3) for “and (2)” substitute “and (1A)”.
(1) After section 40 of the Natural Environment and Rural Communities Act 2006 insert—
Biodiversity reports
40A (1) This section applies to—
(a) a local authority in England other than a parish council,
(b) a local planning authority in England, and
(c) a designated authority (see subsection (8)(a)).
(2) A public authority to which this section applies (“the authority”) must publish biodiversity reports in accordance with this section.
(3) A biodiversity report so published must contain—
(a) a summary of the action which the authority has taken over the period covered by the report for the purpose of complying with its duties under section 40(1) and (1A),
(b) a summary of the authority’s plans for complying with those duties over the period of five years following the period covered by the report,
(c) any quantitative data required to be included in the report by regulations under subsection (8)(b), and
(d) any other information that the authority considers it appropriate to include in the report.
(4) If the authority is a local planning authority, its biodiversity report must also contain—
(a) a summary of the action taken by the authority in carrying out its functions under Schedule 7A to the Town and Country Planning Act 1990 (biodiversity gain as condition of planning permission) over the period covered by the report,
(b) information about any biodiversity gains resulting or expected to result from biodiversity gain plans approved by the authority during that period, and
(c) a summary of the authority’s plans for carrying out those functions over the five year period following the period covered by the report.
(5) A biodiversity report—
(a) must specify the period covered by the report, and
(b) must be published within the period of 12 weeks following the last day of that period.
(6) The authority’s first biodiversity report must cover a period chosen by the authority which—
(a) is no longer than three years, and
(b) begins with the day on which the authority first becomes subject to the duty under subsection (2).
(7) A subsequent biodiversity report made by the authority must cover a period chosen by the authority which—
(a) is no longer than five years, and
(b) begins with the day after the last day of the period covered by its most recent biodiversity report.
(8) The Secretary of State may by regulations—
(a) provide for specified public authorities, or public authorities of a specified description, to be designated authorities for the purposes of this section;
(b) require biodiversity reports to include specified quantitative data relating to biodiversity in any area of land in England in relation to which the authority exercises any functions.
In this subsection “specified” means specified in the regulations.
(9) Public authorities with no functions exercisable in relation to England may not be designated under subsection (8)(a).
(10) The power to make regulations under subsection (8) is exercisable by statutory instrument.
(11) A statutory instrument containing regulations under subsection (8) is subject to annulment in pursuance of a resolution of either House of Parliament.
(12) Terms used in this section and section 40 have the same meaning as in that section.
(1) There are to be local nature recovery strategies for areas in England.
(2) Together the local nature recovery strategies are to cover the whole of England.
(3) The Secretary of State is to determine the areas within England to which individual local nature recovery strategies are to relate.
(4) The area of a local authority, other than a county council, may not be split between local nature recovery strategies.
(5) Section 40(2A) of the Natural Environment and Rural Communities Act 2006 (duty to conserve biodiversity) makes provision about the duties of public authorities in relation to local nature recovery strategies.
105 Preparation of local nature recovery strategies
(1) A local nature recovery strategy for an area (“the strategy area”) is to be prepared and published by the responsible authority.
(2) The responsible authority for a local nature recovery strategy is such one of the following authorities as is appointed by the Secretary of State—
(a) a local authority whose area is, or is within, the strategy area;
(b) the Mayor of London;
(c) the mayor for the area of a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009;
(d) a National Park authority in England;
(e) the Broads Authority;
(f) Natural England.
(3) A local nature recovery strategy is to be reviewed and republished from time to time by the responsible authority.
(4) The Secretary of State may by regulations make provision about the procedure to be followed in the preparation and publication, and review and republication, of local nature recovery strategies.
(5) Regulations under this section may, for example, include provision—
(a) requiring the provision of information by a local authority whose area is, or is within, the strategy area but which is not the responsible authority;
(b) for a local nature recovery strategy to be agreed by all of the local authorities whose areas are within the strategy area;
(c) for the procedure for reaching such agreement and for the resolution of disagreements (including resolution by the Secretary of State or by a public inquiry);
(d) for consultation, including consultation of members of the public;
(e) for the times at or after which a local nature recovery strategy is to be reviewed and republished.
(6) Regulations under this section are subject to the negative procedure.
(1) A local nature recovery strategy relating to an area (“the strategy area”) is to include—
(a) a statement of biodiversity priorities for the strategy area, and
(b) a local habitat map for the whole strategy area or two or more local habitat maps which together cover the whole strategy area.
(2) The statement of biodiversity priorities referred to in subsection (1)(a) is to include—
(a) a description of the strategy area and its biodiversity,
(b) a description of the opportunities for recovering or enhancing biodiversity, in terms of habitats and species, in the strategy area,
(c) the priorities, in terms of habitats and species, for recovering or enhancing biodiversity (taking into account the contribution that recovering or enhancing biodiversity can also make to other environmental benefits), and
(d) proposals as to potential measures relating to those priorities.
(3) A local habitat map referred to in subsection (1)(b) is a map identifying—
(a) national conservation sites in the strategy area,
(b) any nature reserves in the strategy area provided under section 21 of the National Parks and Access to the Countryside Act 1949, and
(c) other areas in the strategy area which in the opinion of the responsible authority—
(i) are, or could become, of particular importance for biodiversity, or
(ii) are areas where the recovery or enhancement of biodiversity could make a particular contribution to other environmental benefits.
(4) A local habitat map which does not relate to the whole of the strategy area must relate to the area of one or more local authorities within the strategy area.
(5) The Secretary of State may issue guidance as to—
(a) information to be included in a local nature recovery strategy pursuant to the requirements in subsections (1) to (3), and
(b) any other matters to be included in a local nature recovery strategy.
(6) A responsible authority must have regard to the guidance when preparing a local nature recovery strategy.
(7) The Secretary of State must lay before Parliament, and publish, the guidance.
107 Information to be provided by the Secretary of State
(1) For the purpose of assisting responsible authorities in their preparation of local nature recovery strategies, the Secretary of State must prepare and publish a national habitat map for England.
(2) The national habitat map must in particular identify—
(a) national conservation sites, and
(b) other areas that in the opinion of the Secretary of State are of particular importance for biodiversity.
(3) The Secretary of State may from time to time review and republish the national habitat map.
(4) The Secretary of State must inform a responsible authority of any area in the authority’s strategy area which falls within subsection (5).
(5) An area falls within this subsection if in the Secretary of State’s opinion—
(a) the area could be of greater importance for biodiversity, or is an area where the recovery or enhancement of biodiversity could make a contribution to other environmental benefits, and
(b) the area could contribute to the establishment of a network of areas across England for the recovery and enhancement of biodiversity in England as a whole.
(6) The Secretary of State must provide a responsible authority with any other information—
(a) that is held by the Secretary of State, and
(b) that the Secretary of State considers might assist the authority in preparing a local nature recovery strategy.
(1) This section has effect for the purposes of sections 104 to 107.
(2) “Local authority” means—
(a) a county or district council in England;
(b) a London borough council;
(c) the Common Council of the City of London;
(d) the Council of the Isles of Scilly.
(3) “National conservation site” means—
(a) a site of special scientific interest, within the meaning of Part 2 of the Wildlife and Countryside Act 1981;
(b) a national nature reserve declared in accordance with section 35 of that Act;
(c) a Ramsar site, within the meaning of section 37A of that Act;
(d) a marine conservation zone designated under section 116 of the Marine and Coastal Access Act 2009;
(e) a European site, within the meaning of regulation 8 of the Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012).
(1) Natural England may prepare and publish a strategy for improving the conservation status of any species of fauna or flora.
(2) A strategy under subsection (1) is called a “species conservation strategy”.
(3) A species conservation strategy must relate to an area (the “strategy area”) consisting of—
(a) England, or
(b) any part of England.
(4) A species conservation strategy for a species may in particular—
(a) identify areas or features in the strategy area which are of importance to the conservation of the species,
(b) identify priorities in relation to the creation or enhancement of habitat for the purpose of improving the conservation status of the species in the strategy area,
(c) set out how Natural England proposes to exercise its functions in relation to the species across the whole of the strategy area or in any part of it for the purpose of improving the conservation status of the species in the strategy area,
(d) include Natural England’s opinion on the giving by any other public authority of consents or approvals which might affect the conservation status of the species in the strategy area, and
(e) include Natural England’s opinion on measures that it would be appropriate to take to avoid, mitigate or compensate for any adverse impact on the conservation status of the species in the strategy area that may arise from a plan, project or other activity.
(5) Natural England may, from time to time, amend a species conservation strategy.
(6) A local planning authority in England and any prescribed authority must co-operate with Natural England in the preparation and implementation of a species conservation strategy so far as relevant to the authority’s functions.
(7) The Secretary of State may give guidance to local planning authorities in England and to prescribed authorities as to how to discharge the duty in subsection (6).
(8) The Secretary of State must lay before Parliament, and publish, the guidance.
(9) A local planning authority in England and any prescribed authority must in the exercise of its functions have regard to a species conservation strategy so far as relevant to its functions.
(10) In this section—
“England” includes the territorial sea adjacent to England, which for this purpose does not include—
any part of the territorial sea adjacent to Wales for the general or residual purposes of the Government of Wales Act 2006 (see section 158 of that Act), or
any part of the territorial sea adjacent to Scotland for the general or residual purposes of the Scotland Act 1998 (see section 126 of that Act);
“local planning authority” means a person who is a local planning authority for the purposes of any provision of Part 3 of the Town and Country Planning Act 1990;
“prescribed authority” means an authority exercising functions of a public nature in England which is specified for the purposes of this section by regulations made by the Secretary of State.
(11) Regulations under subsection (10) are subject to the negative procedure.
(1) Natural England may prepare and publish a strategy for—
(a) improving the conservation and management of a protected site, and
(b) managing the impact of plans, projects or other activities (wherever undertaken) on the conservation and management of the protected site.
(2) A strategy under subsection (1) is called a “protected site strategy”.
(3) A “protected site” means—
(a) a European site,
(b) a site of special scientific interest, or
(c) a marine conservation zone,
to the extent the site or zone is within England.
(4) A protected site strategy for a protected site may in particular—
(a) include an assessment of the impact that any plan, project or other activity may have on the conservation or management of the protected site (whether assessed individually or cumulatively with other activities),
(b) include Natural England’s opinion on measures that it would be appropriate to take to avoid, mitigate or compensate for any adverse impact on the conservation or management of the protected site that may arise from a plan, project or other activity,
(c) identify any plan, project or other activity that Natural England considers is necessary for the purposes of the conservation or management of the protected site, and
(d) cover any other matter which Natural England considers is relevant to the conservation or management of the protected site.
(5) In preparing a protected site strategy for a protected site, Natural England must consult—
(a) any local planning authority in England which exercises functions in respect of an area—
(i) within which any part of the protected site is located, or
(ii) within which a plan, project or other activity that Natural England considers may have an adverse impact on the conservation or management of the protected site is being, or is proposed to be, undertaken,
(b) any public authority in England—
(i) that is undertaking, or proposing to undertake, a plan, project or other activity that Natural England considers may have an adverse impact on the conservation or management of the protected site,
(ii) the consent or approval of which is required in respect of a plan, project or other activity that Natural England considers may have an adverse impact on the conservation or management of the protected site, or
(iii) that Natural England considers may otherwise be affected by the strategy,
(c) any IFC authority in England which exercises functions in respect of an area—
(i) the conservation or management of which Natural England considers may be affected by the strategy, or
(ii) the sea fisheries resources of which Natural England considers may be affected by the strategy,
(d) the Marine Management Organisation, where—
(i) any part of the protected site is within the MMO’s area, or
(ii) Natural England considers any part of the MMO’s area may otherwise be affected by the strategy,
(e) the Environment Agency,
(f) the Secretary of State, and
(g) any other person that Natural England considers should be consulted in respect of the strategy, including the general public or any section of it.
(6) In subsections (4) and (5), a reference to an adverse impact on the conservation or management of a protected site includes—
(a) in relation to a European site, anything which adversely affects the integrity of the site,
(b) in relation to a site of special scientific interest, anything which is likely to adversely affect the flora, fauna or geological or physiographical features by reason of which the site is of special interest,
(c) in relation to a marine conservation zone, anything which hinders the conservation objectives stated for the zone pursuant to section 117(2) of the Marine and Coastal Access Act 2009, and
(d) any other thing which causes deterioration of natural habitats and the habitats of species as well as disturbance of the species in the protected site, in so far as such disturbance could be significant in relation to the conservation or management of the protected site.
(7) A person whom Natural England consults under subsection (5)(a) to (e) must co-operate with Natural England in the preparation of a protected site strategy so far as relevant to the person’s functions.
(8) The Secretary of State may give guidance as to how to discharge the duty in subsection (7).
(9) The Secretary of State must lay before Parliament, and publish, the guidance.
(10) A person must have regard to a protected site strategy so far as relevant to any duty which the person has under—
(a) the Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012),
(b) sections 28G to 28I of the Wildlife and Countryside Act 1981, or
(c) sections 125 to 128 of the Marine and Coastal Access Act 2009.
(11) Natural England may, from time to time, amend a protected site strategy.
(12) The duty to consult a person under subsection (5) also applies when Natural England amends a protected site strategy under subsection (11) so far as the amendment is relevant to the person’s functions.
(13) In this section—
“England” has the meaning given in section 109;
“European site” has the meaning given in regulation 8 of the Conservation of Habitats and Species Regulations 2017;
“IFC authority” means an inshore fisheries and conservation authority created under section 150 of the Marine and Coastal Access Act 2009;
“local planning authority” has the meaning given in section 109;
“marine conservation zone” means an area designated as a marine conservation zone under section 116(1) of the Marine and Coastal Access Act 2009;
“MMO’s area” has the meaning given in section 2(12) of the Marine and Coastal Access Act 2009;
“public authority” has the meaning given in section 40(4) of the Natural Environment and Rural Communities Act 2006;
“sea fisheries resources” has the meaning given in section 153(10) of the Marine and Coastal Access Act 2009;
“site of special scientific interest” means an area notified under section 28(1) of the Wildlife and Countryside Act 1981.
(1) In section 10 of the Wildlife and Countryside Act 1981 (exceptions to section 9 of that Act), in subsection (1)—
(a) in paragraph (a), omit the final “or”;
(b) at the end insert
or
(c) anything done in relation to an animal of any species pursuant to a licence granted by Natural England under regulation 55 of the Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012) in respect of an animal or animals of that species
.
(2) In section 16 of that Act (power to grant licences), in subsection (3)—
(a) in paragraph (h), omit the final “or”;
(b) at the end insert
or
(j) in England, for reasons of overriding public interest
.
(3) In that section, after subsection (3A) insert—
(3B) In England, the appropriate authority shall not grant a licence under subsection (3) unless it is satisfied—
(a) that there is no other satisfactory solution, and
(b) that the grant of the licence is not detrimental to the survival of any population of the species of animal or plant to which the licence relates.
(4) In that section, in subsections (5A)(c) and (6)(b), after “two years,” insert “or in the case of a licence granted by Natural England five years,”.
(5) In that section, in subsection (9)(c), after “to (e)” insert “or (j)”.
(6) In the Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012), in regulation 55(10), for “two years” substitute—
(a) five years, in the case of a licence granted by Natural England, or
(b) two years, in any other case.
112 Habitats Regulations: power to amend general duties
(1) The Secretary of State may by regulations amend the Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012) (the “Habitats Regulations”), as they apply in relation to England, for the purposes in subsection (2).
(2) The purposes are—
(a) to require persons within regulation 9(1) of the Habitats Regulations to exercise functions to which that regulation applies—
(i) to comply with requirements imposed by regulations under this section, or
(ii) to further objectives specified in regulations under this section,
instead of exercising them to secure compliance with the requirements of the Directives;
(b) to require persons within regulation 9(3) of the Habitats Regulations, when exercising functions to which that regulation applies, to have regard to matters specified by regulations under this section instead of the requirements of the Directives.
(3) The regulations may impose requirements, or specify objectives or matters, relating to—
(a) targets in respect of biodiversity set by regulations under section 1 or 3;
(b) improvements to the natural environment which relate to biodiversity and are set out in an environmental improvement plan.
(4) The regulations may impose any other requirements, or specify any other objectives or matters, relating to the conservation or enhancement of biodiversity that the Secretary of State considers appropriate.
(5) Regulations under this section may also, in connection with provision made for the purposes in subsection (2), amend other provisions of the Habitats Regulations, as they apply in relation to England, which refer to requirements, objectives or provisions of the Directives.
(6) In making regulations under this section the Secretary of State must have regard to the particular importance of furthering the conservation and enhancement of biodiversity.
(7) The Secretary of State may make regulations under this section only if satisfied that the regulations do not reduce the level of environmental protection provided by the Habitats Regulations.
(8) Before making regulations under this section the Secretary of State must lay before Parliament, and publish, a statement explaining why the Secretary of State is satisfied as mentioned in subsection (7).
(9) Before making regulations under this section the Secretary of State must consult such persons as the Secretary of State considers appropriate.
(10) Regulations under this section may not come into force before 1 February 2023.
(11) In this section—
“the Directives” has the same meaning as in the Habitats Regulations (see regulation 3(1));
“England” includes the territorial sea adjacent to England, which for this purpose does not include—
any part of the territorial sea adjacent to Wales for the general or residual purposes of the Government of Wales Act 2006 (see section 158 of that Act), or
any part of the territorial sea adjacent to Scotland for the general or residual purposes of the Scotland Act 1998 (see section 126 of that Act);
“environmental improvement plan” has the same meaning as in Part 1.
(12) Regulations under this section are subject to the affirmative procedure.
(1) The Secretary of State may by regulations amend Part 6 of the Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012) (the “Habitats Regulations”) (assessment of plans and projects) as they apply in relation to England.
(2) In making regulations under this section the Secretary of State must have regard to the particular importance of furthering the conservation and enhancement of biodiversity.
(3) The Secretary of State may make regulations under this section only if satisfied that the regulations do not reduce the level of environmental protection provided by the Habitats Regulations.
(4) Before making regulations under this section the Secretary of State must lay before Parliament, and publish, a statement explaining why the Secretary of State is satisfied as mentioned in subsection (3).
(5) Before making regulations under this section the Secretary of State must consult such persons as the Secretary of State considers appropriate.
(6) In this section “England” has the same meaning as in section 112.
(7) Regulations under this section are subject to the affirmative procedure.
Schedule 16 makes amendments to Part 2 of the Forestry Act 1967 in relation to the enforcement of the power to control the felling of trees in England.
115 Local highway authorities in England to consult before felling street trees
After section 96 of the Highways Act 1980 insert—
Duty of local highway authorities in England to consult before felling street trees
96A (1) A local highway authority in England must consult members of the public before felling a tree on an urban road (a “street tree”).
(2) A local highway authority must have regard to any guidance given by the Secretary of State to local highway authorities about how to discharge the duty under subsection (1).
(3) The duty under subsection (1) does not apply in a case where—
(a) the street tree has a diameter not exceeding 8 centimetres (measured over the bark, at a point 1.3 metres above ground level),
(b) the authority considers that the street tree is dead,
(c) the authority considers that the street tree is required to be felled—
(i) by virtue of an order under the Plant Health Act 1967, or
(ii) under any enactment on the basis that the tree is dangerous,
(d) the authority considers that the street tree is required to be felled in order to comply with—
(i) a duty to make reasonable adjustments in the Equality Act 2010 because the tree is causing an obstruction (see section 20 of that Act), or
(ii) a duty in section 29 of that Act (prohibitions on discrimination etc in the provision of services) because the tree is causing an obstruction, or
(e) the felling of the street tree is required for the purpose of carrying out development authorised by—
(i) planning permission granted under section 70, 73, 76D, 77 or 79 of the Town and Country Planning Act 1990, or
(ii) outline planning permission granted under section 92 of that Act.
(4) In subsection (1) “urban road” means a highway, other than a trunk road or classified road, which—
(a) is a restricted road for the purposes of section 81 of the Road Traffic Regulation Act 1984 (30 miles per hour speed limit),
(b) is subject to an order made by virtue of section 84(1)(a) of that Act imposing a speed limit not exceeding 40 miles per hour, or
(c) is otherwise a street in an urban area.
116 Use of forest risk commodities in commercial activity
(1) In Schedule 17—
(a) Part 1 makes provision about the use of forest risk commodities in commercial activity,
(b) Part 2 makes provision about enforcement, and
(c) Part 3 contains general provisions.
(2) Regulations under the following provisions of Schedule 17 are subject to the affirmative procedure—
(a) paragraph 1;
(b) paragraph 2(4)(c);
(c) paragraph 5 (except for paragraph 5(2)(b) and (5));
(d) paragraph 7;
(e) Part 2.
(3) Regulations under the following provisions of Schedule 17 are subject to the negative procedure—
(a) paragraph 3;
(b) paragraph 4;
(c) paragraph 5(2)(b) and (5).
(1) For the purposes of this Part, a “conservation covenant agreement” is an agreement between a landowner and a responsible body where—
(a) the agreement contains provision which—
(i) is of a qualifying kind,
(ii) has a conservation purpose, and
(iii) is intended by the parties to be for the public good,
(b) it appears from the agreement that the parties intend to create a conservation covenant, and
(c) the agreement is executed as a deed by the parties.
(2) The reference in subsection (1)(a) to provision of a qualifying kind is to provision—
(a) requiring the landowner—
(i) to do, or not to do, something on land in England specified in the provision in relation to which the landowner holds a qualifying estate specified in the agreement for the purposes of the provision, or
(ii) to allow the responsible body to do something on such land, or
(b) requiring the responsible body to do something on such land.
(3) For the purposes of subsection (1)(a)(ii), provision has a conservation purpose if its purpose is—
(a) to conserve the natural environment of land or the natural resources of land,
(b) to conserve land as a place of archaeological, architectural, artistic, cultural or historic interest, or
(c) to conserve the setting of land with a natural environment or natural resources or which is a place of archaeological, architectural, artistic, cultural or historic interest.
(4) In this Part—
a reference to conserving something includes a reference to protecting, restoring or enhancing it;
“qualifying estate” means—
an estate in fee simple absolute in possession, or
a term of years absolute granted for a term of more than seven years from the date of the grant and in the case of which some part of the period for which the term of years was granted remains unexpired;
a reference to “the qualifying estate”, in relation to an obligation under a conservation covenant, is to the estate in land by virtue of which the condition in subsection (1)(a)(i) was met in relation to—
if the obligation is not an ancillary obligation, the provision giving rise to the obligation, or
if the obligation is an ancillary obligation, the provision giving rise to the obligation to which it was ancillary;
(and for this purpose “ancillary obligation” means an obligation under provision falling within section 118(2)(b));
“natural environment”, in relation to land, includes—
its plants, animals and other living organisms;
their habitats;
its geological features.
(1) A conservation covenant is so much of a conservation covenant agreement as is given statutory effect by this section.
(2) The following provisions of a conservation covenant agreement have statutory effect as a conservation covenant—
(a) provisions in respect of which the conditions in section 117(1)(a) are met, and
(b) provisions ancillary to any provision falling within paragraph (a).
(3) If the agreement includes provision for public access to land to which other provision of the agreement (being provision which meets the conditions in section 117(1)(a)) relates, the provision for public access is to be treated as ancillary to that other provision.
(4) In this Part—
(a) references to an obligation under a conservation covenant are to an obligation of the landowner or the responsible body given statutory effect by this section as part of the conservation covenant, and
(b) references to the land to which an obligation under a conservation covenant relates are, in the case of an obligation given statutory effect by this section by virtue of being ancillary to another provision, to the land to which the obligation under the other provision relates.
(1) The following are responsible bodies for the purposes of this Part—
(a) the Secretary of State;
(b) bodies which are designated under this section (referred to in this Part as “designated bodies”).
(2) The Secretary of State may, on the application of a local authority or other body, designate it as a responsible body for the purposes of this Part.
(3) The Secretary of State may only designate a local authority if satisfied that it is suitable to be a responsible body.
(4) The Secretary of State may only designate a body that is not a local authority if satisfied that it—
(a) meets the condition in subsection (5), and
(b) is suitable to be a responsible body.
(5) The condition is that—
(a) in the case of a public body or a charity, at least some of its main purposes or functions relate to conservation, or
(b) in any other case, at least some of the body’s main activities relate to conservation.
(6) The Secretary of State may revoke a designation by notice to the body concerned if—
(a) the body has applied to the Secretary of State for its designation to be revoked,
(b) the Secretary of State is satisfied that the body is not suitable to remain as a responsible body, or
(c) in the case of a body other than a local authority, the Secretary of State is satisfied that the body does not meet the condition in subsection (5).
(7) The Secretary of State may determine the criteria to be applied in deciding whether a body is suitable to be or to remain a responsible body (which may include criteria relating to the body’s connection with the United Kingdom).
(8) The Secretary of State must publish (and keep up to date)—
(a) a document setting out the criteria applicable for the purposes mentioned in subsection (7), and
(b) a list of the bodies who are designated under this section.
(9) In this section—
“charity” means a charity registered under the Charities Act 2011 or an exempt charity (within the meaning of that Act);
“conservation” means conservation of—
the natural environment or natural resources of land,
places of archaeological, architectural, artistic, cultural or historic interest, or
the setting of land with a natural environment or natural resources or which is a place of archaeological, architectural, artistic, cultural or historic interest;
“local authority” means—
a county or district council in England;
a London borough council;
the Common Council of the City of London;
the Council of the Isles of Scilly.
(1) A conservation covenant is a local land charge.
(2) For the purposes of the Local Land Charges Act 1975 the originating authority, as respects a conservation covenant, is the person by whom an obligation of the landowner under the covenant is enforceable.
(3) In section 2 of the Local Land Charges Act 1975 (matters which are not local land charges), the references in paragraphs (a) and (b) to a covenant or agreement made between a lessor and a lessee do not include a conservation covenant.
(4) In its application to a conservation covenant, section 10(1) of the Local Land Charges Act 1975 (compensation for non-registration or defective official search certificate) has effect as if—
(a) in the words preceding paragraph (a), the words from the beginning to “but” were omitted,
(b) paragraph (a) (non-registration) were omitted, and
(c) in paragraph (b), for the words from “in existence” to the end there were substituted the words “registered in that register at the time of the search but was not shown by the official search certificate as so registered”.
121 Duration of obligation under conservation covenant
(1) An obligation under a conservation covenant has effect for the default period, unless the covenant provides for a shorter period.
(2) The default period for the purposes of subsection (1) is—
(a) if the qualifying estate in relation to the obligation is an estate in fee simple absolute in possession, a period of indefinite duration, and
(b) if the qualifying estate in relation to the obligation is a term of years absolute, a period corresponding in length to the remainder of the period for which the term of years was granted.