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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

40

 

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.

45

 
 

Natural Environment and Rural Communities Bill
Part 10 — Final provisions

41

 

(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.

25

 
 

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

43

 

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;

40

 

 

Natural Environment and Rural Communities Bill
Schedule 1 — Natural England

44

 

(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.

35

      (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.

 

 

Natural Environment and Rural Communities Bill
Schedule 1 — Natural England

45

 

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.

20

      (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.

25

      (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.

 

 

 
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