Natural Environment and Rural Communities Bill

House of Commons

Session 2005 - 06
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Natural Environment and Rural Communities Bill

Natural Environment and Rural Communities Bill
Schedule 2 — Commission for Rural Communities
46

Schedule 2
Section 17

Commission for Rural Communities
Status
1
The Commission is to be a body corporate.
2
The Commission is not to be regarded—
5
(a)
as a servant or agent of the Crown, or
(b)
as enjoying any status, privilege or immunity of the Crown,

and the Commission’s property is not to be regarded as property of, or held
on behalf of, the Crown.
Membership
10
3     (1)
The Commission 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
Secretary of State.
      (2)
The Secretary of State must consult the chairman before appointing the other
15
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
has shown some capacity in, some matter relevant to the exercise of the
Commission’s functions.
20
      (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
statutory instrument.
      (6)
A statutory instrument containing such an order is subject to annulment in
25
pursuance of a resolution of either House of Parliament.
4
The Secretary of State may appoint one of the members to be deputy
chairman.
Term of office
5
Subject to paragraphs 6 to 8, a member holds and vacates office in
30
accordance with the terms of his appointment.
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 the Commission for a period
longer than 6 months without the permission of the Commission,
35
(b)
has become bankrupt or has made an arrangement with his creditors
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—
40

Natural Environment and Rural Communities Bill
Schedule 2 — Commission for Rural Communities
47

(a)
resigns that office by giving written notice to the Secretary of State, or
(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,
5

is eligible for reappointment to that office.
Remuneration and pensions etc.
10
The Commission 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, the Commission must—
10
(a)
pay such pensions, gratuities or allowances to or in respect of any
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.
15
12    (1)
This paragraph applies if—
(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.
20
      (2)
The Secretary of State may require the Commission to pay the person such
amount as the Secretary of State may determine.
Staff
13    (1)
The Commission must appoint a person to be chief executive, but may only
appoint a person who has been approved by the Secretary of State.
25
      (2)
The chief executive is an employee of the Commission.
      (3)
The Secretary of State may appoint the first chief executive.
14
The Commission may appoint other employees.
15
If required to do so by the Secretary of State, the Commission must—
(a)
pay such pensions, gratuities or allowances to or in respect of any
30
employee 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 employee.
16    (1)
Employment with the Commission is to be included among the kinds of
35
employment to which a scheme under section 1 of the Superannuation Act
1972 (c. 11) applies.
      (2)
The Commission 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
40
provided by Parliament under that Act.

Natural Environment and Rural Communities Bill
Schedule 2 — Commission for Rural Communities
48

Procedure
17
The Commission 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.
5
Discharge of functions
19    (1)
The Commission may authorise a committee, sub-committee, member or
employee of the Commission to exercise any of the Commission’s functions.
      (2)
Sub-paragraph (1) does not prevent the Commission from exercising the
function itself or affect the power of the Commission to authorise an
10
employee to carry out functions of the Commission.
Membership of committees and sub-committees
20    (1)
A committee or sub-committee may include persons who are not members
of the Commission.
      (2)
The Commission may pay such remuneration and allowances as the
15
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 the Commission.
Application of seal and proof of documents
21    (1)
The application of the Commission’s seal must be authenticated by the
20
signature of—
(a)
a member of the Commission who is authorised (generally or
specially) for that purpose, or
(b)
an employee who is so authorised.
      (2)
A document purporting to be duly executed under the seal of the
25
Commission—
(a)
is to be received in evidence, and
(b)
is to be treated as so executed unless the contrary is shown.
Reports, accounts etc.
22    (1)
For each financial year, the Commission must—
30
(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 23, “financial year” means—
35
(a)
the period beginning with the day on which the Commission is
established and ending with the next 31st March, and
(b)
each subsequent period of 12 months ending with 31st March.
23    (1)
The Commission must keep proper accounts and proper records in relation
to the accounts.
40

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Schedule 3 — Transfer schemes
49

      (2)
For each financial year, the Commission 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.
5
      (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.
10
24
The Secretary of State must lay before each House of Parliament a document
consisting of—
(a)
a copy of the report sent under paragraph 22(1), and
(b)
a copy of the statement and report sent under paragraph 23(4).
25    (1)
The Commission must provide the Secretary of State with such information
15
as he may require relating to the Commission’s property or to the discharge
or proposed discharge of its functions.
      (2)
The Commission must also—
(a)
permit any person authorised by the Secretary of State to inspect and
make copies of any accounts or other documents of the Commission,
20
and
(b)
provide such explanation of them as that person or the Secretary of
State may require.
Schedule 3
Section 28

Transfer schemes
25
Creation and apportionment of property, rights and liabilities etc.
1
A scheme may—
(a)
create for the transferor interests in or rights over property
transferred by virtue of the scheme;
(b)
create for the transferee interests in or rights over property retained
30
by the transferor;
(c)
create rights or liabilities between the transferor and the transferee.
2     (1)
A scheme may provide for the transfer of property, rights or liabilities that
would not otherwise be capable of being transferred or assigned.
      (2)
In particular, it may provide for the transfer to take effect regardless of a
35
contravention, liability or interference with an interest or right that would
otherwise exist by reason of a provision having effect in relation to the terms
on which the transferor is entitled to the property or right, or subject to the
liability, in question.
      (3)
It does not matter whether the provision referred to in sub-paragraph (2) has
40
effect under an enactment or an agreement or in any other way.

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Schedule 3 — Transfer schemes
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3
A certificate by the Secretary of State that anything specified in the certificate
has vested in any person by virtue of a scheme is conclusive evidence for all
purposes of that fact.
Employment contracts
4     (1)
This paragraph applies if rights and liabilities under a contract of
5
employment are transferred by virtue of a scheme.
      (2)
The contract of employment—
(a)
is not terminated by the transfer, and
(b)
has effect from the transfer date as if made between the employee
and the transferee.
10
      (3)
The rights, powers, duties and liabilities of the transferor under or in
connection with the contract are transferred to the transferee on the transfer
date.
      (4)
Anything done before the transfer date by or in relation to the transferor in
respect of the contract or the employee is to be treated from that date as
15
having been done by or in relation to the transferee.
      (5)
This paragraph is subject to paragraph 5.
5     (1)
Rights and liabilities under a contract of employment are not transferred
under this Schedule if the employee informs the transferor or transferee that
he objects to the transfer.
20
      (2)
If the employee informs the transferor or transferee that he objects—
(a)
his contract of employment is terminated immediately before the
transfer date, but
(b)
he is not to be treated, for any purpose, as having been dismissed by
the transferor.
25
6
Nothing in this Schedule affects any right a person has to terminate his
contract of employment if (apart from the change of employer) a substantial
change is made to his detriment in his working conditions.
Civil servants treated as employed under a contract of employment etc.
7     (1)
This Schedule applies with the following modifications in relation to
30
employment in the civil service of the State on terms which do not constitute
a contract of employment.
      (2)
In the case of an individual who holds employment in the civil service of the
State immediately before the transfer date—
(a)
he is to be treated as employed by virtue of a contract of
35
employment,
(b)
the terms of that employment are to be regarded as constituting the
terms of that contract, and
(c)
the reference in paragraph 5 to dismissal by the transferor is to
termination of that employment.
40
      (3)
In the case of an individual who is to hold employment in the civil service of
the State on and after the transfer date, the terms and conditions of his
contract of employment immediately before that date have effect on and

Natural Environment and Rural Communities Bill
Schedule 4 — Joint Nature Conservation Committee
51

after that date as if they were terms and conditions of his employment in the
civil service of the State.
Compensation
8
A scheme may contain provision for the payment of compensation by the
Secretary of State to any person whose interests are adversely affected by it.
5
Continuity
9
A transfer under this Schedule does not affect the validity of anything done
by or relation to the transferor before the transfer takes effect.
10
Anything which—
(a)
is done by the transferor for the purposes of or otherwise in
10
connection with anything transferred by virtue of a scheme, and
(b)
is in effect immediately before the transfer date,

is to be treated as done by the transferee.
11
There may be continued by or in relation to the transferee anything
(including legal proceedings)—
15
(a)
which relates to anything transferred by virtue of a scheme, and
(b)
which is in the process of being done by or in relation to the
transferor immediately before the transfer date.
12    (1)
This paragraph applies to any document—
(a)
which relates to anything transferred by virtue of a scheme, and
20
(b)
which is in effect immediately before the transfer date.
      (2)
Any references in the document to the transferor are to be read as references
to the transferee.
Incidental provision
13
A scheme may include supplementary, incidental, transitional and
25
consequential provision.
Schedule 4
Section 31

Joint Nature Conservation Committee
Membership
1     (1)
The joint committee is to consist of 14 members—
30
(a)
a chairman appointed by the Secretary of State,
(b)
5 members appointed by the Secretary of State,
(c)
the chairman or deputy chairman of each of the GB conservation
bodies and one other member of each of those bodies appointed by
the body in question,
35
(d)
the chairman of the Council for Nature Conservation and the
Countryside and one other member of the Council appointed by the
relevant Northern Ireland department.

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Schedule 4 — Joint Nature Conservation Committee
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      (2)
The joint committee may appoint a member to be deputy chairman.
2
The members appointed by the Secretary of State must not be members of
the UK conservation bodies.
3     (1)
The members appointed by the Secretary of State must be persons appearing
to the Secretary of State to have experience in or scientific knowledge of
5
nature conservation.
      (2)
Before appointing members under paragraph 1(1)(b), the Secretary of State
must consult—
(a)
the chairman, and
(b)
such persons having scientific knowledge of nature conservation as
10
the Secretary of State thinks appropriate.
Term of office of members appointed by Secretary of State
4
Subject to paragraphs 5 and 6, a member appointed by the Secretary of State
holds and vacates office in accordance with the terms of his appointment.
5
A member appointed by the Secretary of State may resign by giving him
15
written notice.
6
The Secretary of State may remove a member appointed by him who—
(a)
has been absent from meetings of the joint committee for a period
longer than 6 months without the permission of the joint committee,
(b)
has become bankrupt or made an arrangement with his creditors, or
20
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.
Remuneration and allowances etc.
7
The joint committee must pay to the members appointed by the Secretary of
25
State such remuneration and allowances as the Secretary of State may
determine.
8
If required to do so by the Secretary of State, the joint committee must—
(a)
pay such pensions, gratuities or allowances to or in respect of the
chairman as the Secretary of State may determine, or
30
(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 the chairman.
9     (1)
This paragraph applies if—
(a)
a person ceases to be chairman, and
35
(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 the joint committee to pay the person
such sum as the Secretary of State may determine.
40