Natural Environment and Rural Communities Bill

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

Natural Environment and Rural Communities Bill

Natural Environment and Rural Communities Bill
Part 8 — Flexible administrative arrangements
Chapter 2 — Powers to reform agricultural etc. bodies
35

Powers of appropriate authority
85
Grants
(1)
The appropriate authority may make grants to a board of such amounts as the
appropriate authority thinks fit.
(2)
A grant under this section may be made subject to such conditions as the
5
appropriate authority thinks fit.
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Directions
(1)
The appropriate authority may give a board general or specific directions as to
the exercise of its functions.
(2)
The appropriate authority must publish any directions given under this
10
section.
(3)
The power to give directions under this section includes power to vary or
revoke the directions.
(4)
A board must comply with any directions given under this section.
Supplementary
15
87
“The appropriate authority”
(1)
In this Chapter “the appropriate authority” means—
(a)
in relation to matters concerning England only, the Secretary of State;
(b)
in relation to matters concerning Wales only, the National Assembly for
Wales;
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(c)
in relation to matters concerning Scotland only, the Scottish Ministers;
(d)
in relation to matters concerning Northern Ireland only, the relevant
Northern Ireland department;
(e)
in relation to the matters mentioned in subsection (2), the Secretary of
State acting with the approval of the National Assembly for Wales, the
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Scottish Ministers or (as the case may be) the relevant Northern Ireland
department.
(2)
The matters referred to are—
(a)
making a section 78 order establishing a board which has cross-border
functions;
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(b)
making an order under section 82 or 83 dissolving an existing levy body
or such a board;
(c)
making appointments to such a board or exercising other powers in
relation to a cross-border function of a board.
(3)
“Cross-border functions” means functions relating to—
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(a)
England, and
(b)
Wales, Scotland or Northern Ireland.
(4)
The Scottish Ministers may not give their approval for the purposes of
subsection (1)(e) to the making of—
(a)
an order establishing a board whose cross-border functions include
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functions relating to Scotland, or

Natural Environment and Rural Communities Bill
Part 8 — Flexible administrative arrangements
Chapter 2 — Powers to reform agricultural etc. bodies
36

(b)
an order dissolving an existing levy body or a board whose cross-
border functions include functions relating to Scotland,

unless a draft of the order has been laid before, and approved by a resolution
of, the Scottish Parliament.
(5)
In this Chapter “the relevant Northern Ireland department” means the
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Department of Agriculture and Rural Development in Northern Ireland.
88
Orders: procedure etc.
(1)
An order under this Chapter may include supplementary, incidental,
consequential, transitory, transitional or saving provision.
(2)
An order under this Chapter making provision of a description referred to in
10
subsection (1) may—
(a)
amend or repeal any enactment, or
(b)
amend or revoke any subordinate legislation,

whenever passed or made.
(3)
“Enactment” includes Acts of the Scottish Parliament and Northern Ireland
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legislation.
(4)
“Subordinate legislation” has the same meaning as in the Interpretation Act
1978 (c. 30), except that it includes any instrument made under an Act of the
Scottish Parliament and any instrument within the meaning of section 1(c) of
the Interpretation Act (Northern Ireland) 1954 (c. 33 N.I.).
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(5)
Before making any order under this Chapter the appropriate authority must
consult such organisations as appear to it to be representative of interests
substantially affected by the proposed order.
(6)
Subject to subsection (7), any power to make an order under this Chapter is
exercisable by statutory instrument.
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(7)
Any power of the relevant Northern Ireland department to make an order
under this Chapter is exercisable by statutory rule for the purposes of the
Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I.12)).
(8)
An order under this Chapter may not be made—
(a)
by the Secretary of State, unless a draft of the statutory instrument
30
containing the order has been laid before, and approved by a resolution
of, each House of Parliament;
(b)
by the Scottish Ministers, unless a draft of the statutory instrument
containing the order has been laid before, and approved by a resolution
of, the Scottish Parliament;
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(c)
by the relevant Northern Ireland department, unless a draft of the
statutory rule containing the order has been laid before, and approved
by a resolution of, the Northern Ireland Assembly.

Natural Environment and Rural Communities Bill
Part 9 — Miscellaneous
37

Chapter 3
Financial assistance
89
Financial assistance
(1)
The Secretary of State may give or arrange for the giving of financial assistance
in respect of expenditure incurred or to be incurred in any matter connected
5
with a DEFRA function.
(2)
Financial assistance under this section may be given in any form, and may in
particular be given by way of a grant, a loan or a guarantee.
(3)
Financial assistance under this section may be given subject to such conditions
as may be determined by, or in accordance with arrangements made by, the
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Secretary of State.
(4)
The conditions may, in particular, include (in the case of a grant) conditions for
repayment in specified circumstances.
(5)
“DEFRA function” means a function which falls to be performed by the
Department for Environment, Food and Rural Affairs.
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(6)
A certificate issued by the Secretary of State that a function falls to be
performed as mentioned in subsection (5) is conclusive evidence of that fact.
(7)
The power to give financial assistance under this section may be exercised even
though a more specific power to give financial assistance exists.
Part 9
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Miscellaneous
90
Byelaws relating to land drainage
(1)
In the Water Resources Act 1991 (c. 57), in Schedule 25, in paragraph 5(1)
(power of Environment Agency to make byelaws for securing efficient
working of drainage system), for the words from “necessary for securing” to
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the end of paragraph 5(1) substitute “necessary—
(a)
for securing the efficient working of any drainage system, or
(b)
for regulating the effects of any drainage system on the
environment.”
(2)
In paragraph 5(5) of that Schedule, after “banks” insert “, drainage”.
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(3)
In the Land Drainage Act 1991 (c. 59), in section 66(1) (power of land drainage
authorities etc. to make byelaws for securing efficient working of drainage
system), for the words from “necessary for securing” to the end of section 66(1)
substitute “necessary—
“(a)
for securing the efficient working of any drainage system in
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their district or area, or
(b)
for regulating the effects in their district or area of any drainage
system on the environment.”
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Abolition of certain agricultural etc. committees
The following are abolished—
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Natural Environment and Rural Communities Bill
Part 10 — Final provisions
38

(a)
the advisory committee for England, Wales and Northern Ireland
established under section 32 of the Hill Farming Act 1946 (c. 73),
(b)
the sub-committee for Wales and Monmouthshire established under
that section,
(c)
the advisory committee for Scotland established under that section,
5
(d)
the consumers’ committees and committees of investigation
established under section 19 of the Agricultural Marketing Act 1958
(c. 47), and
(e)
the committee of investigation established under Article 21 of the
Agricultural Marketing (Northern Ireland) Order 1982 (S.I. 1982/1080
10
(N.I. 12)).
Part 10
Final provisions
92
Crown land
(1)
The appropriate authority may enter into an agreement under section 7 as
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respects an interest in Crown land held by or on behalf of the Crown.
(2)
An agreement under section 7 as respects any other interest in Crown land is
of no effect unless approved by the appropriate authority.
(3)
“Crown land” means land an interest in which—
(a)
belongs to Her Majesty in right of the Crown,
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(b)
belongs to Her Majesty in right of the Duchy of Lancaster,
(c)
belongs to the Duchy of Cornwall, or
(d)
belongs to a government department or is held in trust for Her Majesty
for the purposes of a government department.
(4)
The power in section 8(4) to acquire land compulsorily may be exercised to
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acquire an interest in Crown land, other than one held by or on behalf of the
Crown, but only with the consent of the appropriate authority.
(5)
“The appropriate authority”, in relation to any land, means—
(a)
if the land belongs to Her Majesty in right of the Crown, the Crown
Estate Commissioners or other government department having the
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management of the land in question;
(b)
if the lands belongs to Her Majesty in right of the Duchy of Lancaster,
the Chancellor of the Duchy;
(c)
if the land belongs to the Duchy of Cornwall, such person as the Duke
of Cornwall, or the possessor for the time being of the Duchy of
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Cornwall, appoints;
(d)
if the land belongs to a government department or is held in trust for
Her Majesty for the purposes of a government department, that
department.
(6)
If any question arises under this section as to what authority is the appropriate
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authority in relation to any land, that question is to be referred to the Treasury,
whose decision is final.