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The Proposal for the draft Regulatory Reform (Joint Nature Conservation Committee) Order 2005 was laid before the House by the Department for the Environment, Food and Rural Affairs (Defra) on 12 October 2004.
The Joint Nature Conservation Committee [JNCC] was created by the Environmental Protection Act 1990 and is the UK Government's wildlife adviser, undertaking national and international conservation work on behalf of the three country nature conservation agencies: English Nature, Scottish Natural Heritage and the Countryside Council for Wales.
According to the Government, the draft Order would free JNCC of various constraints presently upon it and enable it to operate more effectively. This will include providing the ability to employ its own staff, remunerate its Chairman and independent members and receive certain monies direct from Government.
The draft Order would make amendments to section 129(1) of and Schedule 7 to the Environmental Protection Act 1990. It would remove the requirement imposed by section 129(1) of the 1990 Act for the Secretary of State to make all payments for the work of JNCC through the country bodies, rather than making direct payments to JNCC for work undertaken directly for the Government.
The draft Order would amend Schedule 7 to the 1990 Act to remove the current requirement on English Nature, Scottish Natural Heritage and the Countryside Council for Wales to provide JNCC with staff, accommodation and other facilities, and to enable it employ its own staff and to give it responsibility for paying remuneration, allowances, pension and, where necessary, compensation to its chairman, to the three JNCC members appointed by the Secretary of State and to the non-voting members.
Finally, the draft Order would afford the option of setting up a Company Limited by Guarantee as a corporate vehicle for the employment of staff and to provide other administrative and corporate support services for the purposes of the functions discharged through JNCC.
This Report describes the effect of the Proposal and assesses it against the statutory and Standing Order tests. The Committee recommends some minor drafting changes (paragraph 47) before the draft Order is laid before the House.
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