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Ireland only, comes into force in accordance with provision made by |
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order by the Secretary of State, |
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(b) | section 95 and Schedules 11 and 12, so far as relating to an Act of the |
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Scottish Parliament, comes into force in accordance with provision |
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made by order by the Secretary of State after consulting the Scottish |
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(c) | section 95 and Schedules 11 and 12, so far as relating to a provision |
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which extends to Northern Ireland only, comes into force in accordance |
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with provision made by order by the Secretary of State, after consulting |
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the Department of Agriculture and Rural Development in Northern |
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(9) | The power to make an order under this section is exercisable by statutory |
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(10) | An order under this section may make such transitional, transitory or saving |
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provision as the person making the order considers expedient. |
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(1) | Except as provided by this section, this Act extends to England and Wales only. |
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(2) | Part 2 (nature conservation in the UK) extends also to Scotland and Northern |
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(a) | amendments affecting any provisions of the Wildlife and Countryside |
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Act 1981 (c. 69) that extend to the territorial waters adjacent to England |
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and Wales extend also to those waters, and |
| |
(b) | paragraphs 1, 2, 5 and 6 of Schedule 6 (wildlife offences: time limits for |
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proceedings), and section 52 so far as necessary, extend to any place to |
| 25 |
which the enactments amended by Schedule 6 extend. |
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(4) | Part 7 (inland waterways) extends also to Scotland. |
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(5) | In Part 8 (flexible administrative arrangements)— |
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(a) | Chapter 2 (powers to reform agricultural etc. bodies) extends also to |
| |
Scotland and Northern Ireland, and |
| 30 |
(b) | Chapter 3 (financial assistance) extends also to Northern Ireland. |
| |
(6) | In Part 9 (miscellaneous), section 91 (abolition of certain agricultural etc. |
| |
committees) extends also to Scotland and Northern Ireland. |
| |
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(a) | sections 95, 97 and 99 and this section extend also to Scotland and |
| 35 |
Northern Ireland so far as necessary, and |
| |
(b) | the amendments, repeals and revocations in Schedules 11 and 12 have |
| |
the same extent as the provisions to which they relate (except where |
| |
| |
| 40 |
This Act may be cited as the Natural Environment and Rural Communities Act |
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|
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1 | Natural England is to be a body corporate. |
| 5 |
2 | Subject to paragraph 22 (nature reserves), Natural England is not to be |
| |
| |
(a) | as a servant or agent of the Crown, or |
| |
(b) | as enjoying any status, privilege or immunity of the Crown, |
| |
| and Natural England’s property is not to be regarded as property of, or held |
| 10 |
| |
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3 (1) | Natural England is to consist of— |
| |
(a) | a chairman appointed by the Secretary of State, and |
| |
(b) | not less than 8 nor more than 15 other members appointed by the |
| 15 |
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(2) | The Secretary of State must consult the chairman before appointing the other |
| |
| |
(3) | In appointing a person to be a member, the Secretary of State must have |
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regard to the desirability of appointing a person who has experience of, and |
| 20 |
has shown some capacity in, some matter relevant to the exercise of Natural |
| |
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(4) | The Secretary of State may by order amend sub-paragraph (1)(b) so as |
| |
to substitute a different number for a number specified there. |
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(5) | The power to make an order under sub-paragraph (4) is exercisable by |
| 25 |
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(6) | A statutory instrument containing such an order is subject to annulment in |
| |
pursuance of a resolution of either House of Parliament. |
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4 | The Secretary of State may appoint one of the members to be deputy |
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| 30 |
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5 | Subject to paragraphs 6 to 8, a member holds and vacates office in |
| |
accordance with the terms of his appointment. |
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| |
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|
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6 | A member may resign by giving written notice to the Secretary of State. |
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7 | The Secretary of State may remove a member who— |
| |
(a) | has been absent from meetings of Natural England for a period |
| |
longer than 6 months without the permission of Natural England, |
| |
(b) | has become bankrupt or has made an arrangement with his creditors |
| 5 |
or has had his estate sequestrated in Scotland, or |
| |
(c) | in the opinion of the Secretary of State is otherwise unable or unfit to |
| |
| |
8 | A person ceases to be chairman or deputy chairman if he— |
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(a) | resigns that office by giving written notice to the Secretary of State, or |
| 10 |
(b) | ceases to be a member. |
| |
| |
(a) | ceases to be a member, or |
| |
(b) | ceases to be chairman or deputy chairman, |
| |
| is eligible for reappointment to that office. |
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Remuneration and pensions etc. |
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10 | Natural England may pay to the members such remuneration and |
| |
allowances as the Secretary of State may determine. |
| |
11 | If required to do so by the Secretary of State, Natural England must— |
| |
(a) | pay such pensions, gratuities or allowances to or in respect of any |
| 20 |
member as the Secretary of State may determine; |
| |
(b) | pay such sums as the Secretary of State may determine towards |
| |
provision for the payment of pensions, gratuities or allowances to or |
| |
in respect of any member. |
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12 (1) | This paragraph applies if— |
| 25 |
(a) | a person ceases to be a member, and |
| |
(b) | it appears to the Secretary of State that there are special |
| |
circumstances which make it appropriate for the person to receive |
| |
| |
(2) | The Secretary of State may require Natural England to pay the person such |
| 30 |
amount as the Secretary of State may determine. |
| |
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13 (1) | Natural England must appoint a person to be chief executive, but may only |
| |
appoint a person who has been approved by the Secretary of State. |
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(2) | The chief executive is an employee of Natural England. |
| 35 |
(3) | The Secretary of State may appoint the first chief executive. |
| |
14 | Natural England may appoint other employees. |
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15 | If required to do so by the Secretary of State, Natural England must— |
| |
(a) | pay such pensions, gratuities or allowances to or in respect of any |
| |
employee as the Secretary of State may determine; |
| 40 |
| |
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|
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(b) | pay such sums as the Secretary of State may determine towards |
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provision for the payment of pensions, gratuities or allowances to or |
| |
in respect of any employee. |
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16 (1) | Employment with Natural England is to be included among the kinds of |
| |
employment to which a scheme under section 1 of the Superannuation Act |
| 5 |
| |
(2) | Natural England must pay to the Minister for the Civil Service, at such times |
| |
as he may direct, such sums as he may determine in respect of any increase |
| |
attributable to sub-paragraph (1) in the sums payable out of money |
| |
provided by Parliament under that Act. |
| 10 |
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17 | Natural England may determine its own procedure (including quorum). |
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18 | No proceeding is invalidated by— |
| |
(a) | a vacancy in the office of chairman, or |
| |
(b) | any defect in the appointment of any member. |
| 15 |
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19 (1) | Natural England may authorise a committee, sub-committee, member or |
| |
employee of Natural England to exercise any of Natural England’s |
| |
| |
(2) | Sub-paragraph (1) does not prevent Natural England from exercising the |
| 20 |
function itself or affect the power of Natural England to authorise an |
| |
employee to carry out functions of Natural England. |
| |
Membership of committees and sub-committees |
| |
20 (1) | A committee or sub-committee may include persons who are not members |
| |
| 25 |
(2) | Natural England may pay such remuneration and allowances as the |
| |
Secretary of State may determine to any person who— |
| |
(a) | is a member of a committee or sub-committee, but |
| |
(b) | is not a member or employee of Natural England. |
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Application of seal and proof of documents |
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21 (1) | The application of Natural England’s seal must be authenticated by the |
| |
| |
(a) | a member of Natural England who is authorised (generally or |
| |
specially) for that purpose, or |
| |
(b) | an employee who is so authorised. |
| 35 |
(2) | A document purporting to be duly executed under the seal of Natural |
| |
| |
(a) | is to be received in evidence, and |
| |
(b) | is to be treated as so executed unless the contrary is shown. |
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|
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22 (1) | This paragraph applies to land in which Natural England has an interest and |
| |
which is managed as a nature reserve. |
| |
(2) | For the purposes of the application of any enactment or rule of law to the |
| |
land Natural England is to be treated as a government department. |
| 5 |
(3) | An interest in land includes any estate in land and any right over land, |
| |
whether the right is exercisable by virtue of the ownership of an interest in |
| |
land or by virtue of a licence or agreement. |
| |
| |
23 (1) | As soon as possible after the end of each financial year, Natural England |
| 10 |
| |
(a) | prepare an annual report on how it has discharged its functions |
| |
| |
(b) | send a copy of the report to the Secretary of State. |
| |
(2) | The Secretary of State must lay a copy of the report before each House of |
| 15 |
| |
(3) | In this paragraph and paragraph 24, “financial year” means— |
| |
(a) | the period beginning with the day on which Natural England is |
| |
established and ending with the next 31st March, and |
| |
(b) | each subsequent period of 12 months ending with 31st March. |
| 20 |
24 (1) | Natural England must keep proper accounts and proper records in relation |
| |
| |
(2) | As soon as possible after the end of each financial year, Natural England |
| |
| |
(a) | prepare a statement of accounts in respect of that financial year, and |
| 25 |
(b) | send copies of the statement to the Secretary of State and the |
| |
Comptroller and Auditor General. |
| |
(3) | The statement must be in such form as the Secretary of State may direct. |
| |
(4) | The Comptroller and Auditor General must— |
| |
(a) | examine, certify and report on the statement, and |
| 30 |
(b) | lay a copy of the statement and his report before each House of |
| |
| |
25 (1) | Natural England must provide the Secretary of State with such information |
| |
as he may require relating to Natural England’s property or to the discharge |
| |
or proposed discharge of its functions. |
| 35 |
(2) | Natural England must also— |
| |
(a) | permit any person authorised by the Secretary of State to inspect and |
| |
make copies of any accounts or other documents of Natural England, |
| |
| |
(b) | provide such explanation of them as that person or the Secretary of |
| 40 |
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|
