Natural Environment and Rural Communities Bill

House of Commons

Session 2005 - 06
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Other Bills before Parliament

Natural Environment and Rural Communities Bill

Natural Environment and Rural Communities Bill
Part 10 — Final provisions
39

93
Wales
In Schedule 1 to the National Assembly for Wales (Transfer of Functions)
Order 1999 (S.I. 1999/672), the reference to the Wildlife and Countryside Act
1981 (c. 69) is to be read as a reference to the 1981 Act as amended by this Act.
94
Power to make further provision
5
(1)
The Secretary of State may by order make such supplementary, incidental,
consequential, transitory, transitional or saving provision as the Secretary of
State considers necessary or expedient for the purposes of, in consequence of
or for giving full effect to any provision of this Act.
(2)
An order under subsection (1) may—
10
(a)
amend or repeal any enactment contained in an Act passed on or before
the last day of the Session in which this Act is passed;
(b)
amend or revoke any subordinate legislation made before the passing
of this Act.
(3)
“Subordinate legislation” has the same meaning as in the Interpretation Act
15
1978 (c. 30)).
(4)
The power to make an order under subsection (1) is exercisable by statutory
instrument.
(5)
An order under subsection (1) which contains any provision (whether alone or
with other provisions) made by virtue of subsection (2)(a) may not be made
20
unless a draft of the statutory instrument containing the order has been laid
before, and approved by a resolution of, each House of Parliament.
(6)
A statutory instrument containing any other order under subsection (1) is
subject to annulment in pursuance of a resolution of either House of
Parliament.
25
95
Minor and consequential amendments etc.
(1)
Schedule 11 contains minor and consequential amendments.
(2)
Schedule 12 contains repeals and revocations.
96
Financial provisions
There is to be paid out of money provided by Parliament—
30
(a)
any expenditure incurred by a Minister of the Crown in consequence of
this Act, and
(b)
any increase attributable to this Act in the sums payable by virtue of
any other Act out of money so provided.
97
Commencement
35
(1)
Part 1 (Natural England and the Commission for Rural Communities) comes
into force in accordance with provision made by order by the Secretary of State.
(2)
Part 2 (nature conservation in the UK) comes into force in accordance with
provision made by order by the Secretary of State, after consulting the Scottish

Natural Environment and Rural Communities Bill
Part 10 — Final provisions
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Ministers and the Department of Agriculture and Rural Development in
Northern Ireland.
(3)
Parts 3 to 5 (wildlife etc., SSSIs, National Parks and the Broads) come into force
in accordance with provision made by order by the Secretary of State.
(4)
Part 6 (rights of way) comes into force in accordance with provision made by
5
order by—
(a)
the Secretary of State (in relation to England), or
(b)
the National Assembly for Wales (in relation to Wales).
(5)
Part 7 (inland waterways) comes into force in accordance with provision made
by order by the Secretary of State, after consulting the Scottish Ministers.
10
(6)
In Part 8 (flexible administrative arrangements)—
(a)
Chapter 1 comes into force in accordance with provision made by order
by the Secretary of State,
(b)
Chapter 2 comes into force in accordance with provision made by order
by the Secretary of State, after consulting the Scottish Ministers and the
15
Department of Agriculture and Rural Development in Northern
Ireland, and
(c)
Chapter 3 comes into force in accordance with provision made by order
by the Secretary of State.
(7)
In Part 9 (miscellaneous), section 91 (abolition of certain agricultural etc.
20
committees) comes into force in accordance with provision made by order by
the Secretary of State, after consulting the Scottish Ministers and the
Department of Agriculture and Rural Development in Northern Ireland.
(8)
In this Part—
(a)
section 95 and Schedules 11 and 12, except so far as relating to an Act of
25
the Scottish Parliament or a provision which extends to Northern
Ireland only, comes into force in accordance with provision made by
order by the Secretary of State,
(b)
section 95 and Schedules 11 and 12, so far as relating to an Act of the
Scottish Parliament, comes into force in accordance with provision
30
made by order by the Secretary of State after consulting the Scottish
Ministers, and
(c)
section 95 and Schedules 11 and 12, so far as relating to a provision
which extends to Northern Ireland only, comes into force in accordance
with provision made by order by the Secretary of State, after consulting
35
the Department of Agriculture and Rural Development and the
Department of the Environment in Northern Ireland.
(9)
The power to make an order under this section is exercisable by statutory
instrument.
(10)
An order under this section may make different provision for different
40
purposes or different areas.
(11)
An order under this section may make such transitional, transitory or saving
provision as the person making the order considers expedient.
98
Extent
(1)
Except as provided by this section, this Act extends to England and Wales only.
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Natural Environment and Rural Communities Bill
Part 10 — Final provisions
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(2)
Part 2 (nature conservation in the UK) extends also to Scotland and Northern
Ireland.
(3)
In Part 3—
(a)
amendments affecting any provisions of the Wildlife and Countryside
Act 1981 (c. 69) that extend to the territorial waters adjacent to England
5
and Wales extend also to those waters, and
(b)
paragraphs 1, 2, 5 and 6 of Schedule 6 (wildlife offences: time limits for
proceedings), and section 52 so far as necessary, extend to any place to
which the enactments amended by Schedule 6 extend.
(4)
Part 7 (inland waterways) extends also to Scotland.
10
(5)
In Part 8 (flexible administrative arrangements)—
(a)
Chapter 2 (powers to reform agricultural etc. bodies) extends also to
Scotland and Northern Ireland, and
(b)
Chapter 3 (financial assistance) extends also to Northern Ireland.
(6)
In Part 9 (miscellaneous), section 91 (abolition of certain agricultural etc.
15
committees) extends also to Scotland and Northern Ireland.
(7)
In this Part—
(a)
sections 95, 97 and 99 and this section extend also to Scotland and
Northern Ireland so far as necessary, and
(b)
the amendments, repeals and revocations in Schedules 11 and 12 have
20
the same extent as the provisions to which they relate (except where
otherwise provided).
99
Short title
This Act may be cited as the Natural Environment and Rural Communities Act
2005.
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42
Natural Environment and Rural Communities Bill
Schedule 1 — Natural England

Schedules
Schedule 1
Section 1

Natural England
Status
1
Natural England is to be a body corporate.
5
2
Subject to paragraph 22 (nature reserves), Natural England is not to be
regarded—
(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
on behalf of, the Crown.
Membership
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
Secretary of State.
      (2)
The Secretary of State must consult the chairman before appointing the other
members.
      (3)
In appointing a person to be a member, the Secretary of State must have
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
England’s functions.
      (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.
      (5)
The power to make an order under sub-paragraph (4) is exercisable by
25
statutory instrument.
      (6)
A statutory instrument containing such an order is subject to annulment in
pursuance of a resolution of either House of Parliament.
4
The Secretary of State may appoint one of the members to be deputy
chairman.
30
Term of office
5
Subject to paragraphs 6 to 8, a member holds and vacates office in
accordance with the terms of his appointment.

Natural Environment and Rural Communities Bill
Schedule 1 — Natural England
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6
A member may resign by giving written notice to the Secretary of State.
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
carry out his duties.
8
A person ceases to be chairman or deputy chairman if he—
(a)
resigns that office by giving written notice to the Secretary of State, or
10
(b)
ceases to be a member.
9
A person who—
(a)
ceases to be a member, or
(b)
ceases to be chairman or deputy chairman,

is eligible for reappointment to that office.
15
Remuneration and pensions etc.
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.
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
compensation.
      (2)
The Secretary of State may require Natural England to pay the person such
30
amount as the Secretary of State may determine.
Staff
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.
      (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.
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;
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Natural Environment and Rural Communities Bill
Schedule 1 — Natural England
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(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 employee.
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
1972 (c. 11) applies.
      (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
Procedure
17
Natural England may determine its own procedure (including quorum).
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
Discharge of functions
19    (1)
Natural England may authorise a committee, sub-committee, member or
employee of Natural England to exercise any of Natural England’s
functions.
      (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
of Natural England.
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.
Application of seal and proof of documents
30
21    (1)
The application of Natural England’s seal must be authenticated by the
signature of—
(a)
a member of Natural England who is authorised (generally or
specially) for that purpose, or
(b)
an employee who is so authorised.
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      (2)
A document purporting to be duly executed under the seal of Natural
England—
(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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Schedule 1 — Natural England
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Nature reserves
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.
Reports, accounts etc.
23    (1)
For each financial year, Natural England must—
10
(a)
prepare an annual report on how it has discharged its functions
during the year, and
(b)
send a copy of the report to the Secretary of State within such period
as the Secretary of State directs.
      (2)
In this paragraph and paragraph 24, “financial year” means—
15
(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.
24    (1)
Natural England must keep proper accounts and proper records in relation
to the accounts.
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      (2)
For each financial year, Natural England must—
(a)
prepare a statement of accounts in respect of that financial year, and
(b)
send copies of the statement to the Secretary of State and the
Comptroller and Auditor General within such period as the
Secretary of State directs.
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      (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
(b)
send a copy of the certified statement and of his report to the
Secretary of State as soon as possible.
30
25
The Secretary of State must lay before each House of Parliament a document
consisting of—
(a)
a copy of the report sent under paragraph 23(1), and
(b)
a copy of the statement and report sent under paragraph 24(4).
26    (1)
Natural England must provide the Secretary of State with such information
35
as he may require relating to Natural England’s property or to the discharge
or proposed discharge of its functions.
      (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,
40
and
(b)
provide such explanation of them as that person or the Secretary of
State may require.