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 1 — Natural England and the Commission for Rural Communities
Chapter 1 — Natural England
5

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Consultancy services and training
(1)
Natural England may, if the conditions in subsection (2) are met, place the
services of its officers or employees, or of any consultants it has engaged, at the
disposal of any person.
(2)
The conditions are that—
5
(a)
the person has requested Natural England to act under subsection (1),
and
(b)
Natural England thinks that the request concerns a matter relating to its
general purpose and presents special problems or requires special
professional or technical skill.
10
(3)
Natural England may provide training in relation to any matters in respect of
which it has functions.
11
Power to charge for services and licences
(1)
Natural England may, with the consent of the Secretary of State, make such
charges for its services as appear to it to be reasonable.
15
(2)
“Services” includes, in particular, anything done under—
(a)
section 4 (advice);
(b)
section 9 (information services etc.);
(c)
section 10 (consultancy services).
(3)
The Secretary of State may by order make provision requiring charges to be
20
paid in respect of, and for the purpose of meeting the cost of, issuing licences
to which this subsection applies.
(4)
Subsection (3) applies to licences issued by Natural England under or by virtue
of any enactment, other than licences for which charges are payable apart from
this section.
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(5)
An order under subsection (3) may make provision as to—
(a)
exemptions from or reductions in charges;
(b)
remission of charges in whole or in part.
(6)
The power to make an order under subsection (3) is exercisable by statutory
instrument.
30
(7)
A statutory instrument containing an order under subsection (3) is subject to
annulment in pursuance of a resolution of either House of Parliament.
12
Power to bring criminal proceedings
(1)
Natural England may institute criminal proceedings.
(2)
A person who is authorised by Natural England to prosecute on its behalf in
35
proceedings before a magistrates’ court is entitled to prosecute in such
proceedings even though he is not a barrister or solicitor.
13
Incidental powers
(1)
Natural England may do anything that appears to it to be conducive or
incidental to the discharge of its functions.
40

Natural Environment and Rural Communities Bill
Part 1 — Natural England and the Commission for Rural Communities
Chapter 1 — Natural England
6

(2)
In particular, Natural England may—
(a)
enter into agreements;
(b)
acquire or dispose of property;
(c)
borrow money;
(d)
subject to the approval of the Secretary of State, form bodies corporate
5
or acquire or dispose of interests in bodies corporate;
(e)
accept gifts;
(f)
invest money.
Powers of Secretary of State
14
Grants
10
(1)
The Secretary of State may make grants to Natural England of such amounts as
the Secretary of State thinks fit.
(2)
A grant under this section may be made subject to such conditions as the
Secretary of State thinks fit.
15
Guidance
15
(1)
The Secretary of State must give Natural England guidance as to the exercise
of any functions of Natural England that relate to or affect regional planning
and associated matters.
(2)
The Secretary of State may give Natural England guidance as to the exercise of
its other functions.
20
(3)
Before giving guidance under this section the Secretary of State must consult—
(a)
Natural England,
(b)
the Environment Agency, and
(c)
such other persons as the Secretary of State thinks appropriate.
(4)
The Secretary of State must publish any guidance given under this section.
25
(5)
In discharging its functions, Natural England must have regard to guidance
given under this section.
16
Directions
(1)
The Secretary of State may give Natural England general or specific directions
as to the exercise of its functions.
30
(2)
Subsection (1) does not apply to functions of Natural England that are
exercisable through the Joint Nature Conservation Committee.
(3)
The Secretary of State must publish any directions given under this section.
(4)
The power to give directions under this section includes power to vary or
revoke the directions.
35
(5)
Natural England must comply with any directions given under this section.

Natural Environment and Rural Communities Bill
Part 1 — Natural England and the Commission for Rural Communities
Chapter 2 — Commission for Rural Communities
7

Chapter 2
Commission for Rural Communities
The Commission and its general purpose
17
Commission for Rural Communities
(1)
There is to be a body known as the Commission for Rural Communities.
5
(2)
Schedule 2 contains provisions about the constitution of the Commission and
related matters.
18
Commission’s general purpose
(1)
The Commission’s general purpose is to promote—
(a)
awareness among relevant persons and the public of rural needs, and
10
(b)
meeting rural needs in ways that contribute to sustainable
development.
(2)
For the purposes of this Chapter “relevant person” means—
(a)
a public authority, or
(b)
a body which appears to the Commission to be concerned with any
15
aspect of rural needs.
(3)
For the purposes of this Chapter “rural needs” means the social and economic
needs of persons in rural areas in England.
(4)
In determining the social and economic needs of persons in those areas,
particular regard is to be had to the needs of—
20
(a)
persons suffering from social disadvantage, and
(b)
areas suffering from economic under-performance.
Functions
19
Representation, advice and monitoring
The Commission must take such steps as appear to it to be appropriate for—
25
(a)
representing rural needs to relevant persons,
(b)
providing relevant persons with information and advice about issues
connected with rural needs or ways of meeting them, and
(c)
monitoring, and making reports about, the way in which policies
adopted by relevant persons are implemented and the extent to which
30
those policies are meeting rural needs.
20
Research
The Commission may—
(a)
undertake research into any matter relating to its general purpose, or
(b)
commission or support (by financial means or otherwise) research into
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any such matter.

Natural Environment and Rural Communities Bill
Part 1 — Natural England and the Commission for Rural Communities
Chapter 2 — Commission for Rural Communities
8

21
Information services etc.
The Commission may—
(a)
publish documents or provide information about any matter relating to
its general purpose, or
(b)
assist in the provision of such publications or information.
5
22
Power to charge for services
(1)
The Commission may, with the consent of the Secretary of State, make such
charges for its services as appear to it to be reasonable.
(2)
“Services” includes, in particular, anything done under section 21.
23
Incidental powers
10
(1)
The Commission may do anything that appears to it to be conducive or
incidental to the discharge of its functions.
(2)
In particular, the Commission may—
(a)
enter into agreements;
(b)
acquire or dispose of property;
15
(c)
borrow money;
(d)
accept gifts;
(e)
invest money.
Powers of Secretary of State
24
Grants
20
(1)
The Secretary of State may make grants to the Commission of such amounts as
the Secretary of State thinks fit.
(2)
A grant under this section may be made subject to such conditions as the
Secretary of State thinks fit.
25
Directions
25
(1)
The Secretary of State may give the Commission general or specific directions
as to the exercise of its functions.
(2)
The Secretary of State must publish any directions given under this section.
(3)
The power to give directions under this section includes power to vary or
revoke the directions.
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(4)
The Commission must comply with any directions given under this section.

Natural Environment and Rural Communities Bill
Part 1 — Natural England and the Commission for Rural Communities
Chapter 3 — Supplementary
9

Chapter 3
Supplementary
Transfer schemes etc.
26
Transfers on dissolution of English Nature and Countryside Agency
(1)
The power conferred by subsection (2) is exercisable in connection with the
5
dissolution of English Nature and the Countryside Agency.
(2)
The Secretary of State may make one or more schemes for the transfer of
designated property, rights or liabilities of English Nature or the Countryside
Agency to—
(a)
Natural England,
10
(b)
the Commission,
(c)
a regional development agency, or
(d)
a Minister of the Crown.
(3)
On the transfer date, the designated property, rights or liabilities are
transferred and vest in accordance with the scheme.
15
(4)
A regional development agency is an agency established under section 1 of the
Regional Development Agencies Act 1998 (c. 45).
27
Continuing powers to make transfer schemes
(1)
The powers conferred by this section are exercisable in connection with the
efficient management for public purposes of any property, rights or liabilities.
20
(2)
The Secretary of State may at any time make one or more schemes for the
transfer of designated property, rights or liabilities of a Minister of the Crown
to—
(a)
Natural England,
(b)
the Commission, or
25
(c)
a person acting on behalf of Natural England and the Commission.
(3)
The Secretary of State may at any time make one or more schemes for the
transfer of designated property, rights or liabilities of—
(a)
Natural England, or
(b)
the Commission,
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to a Minister of the Crown.
(4)
On the transfer date, the designated property, rights or liabilities are
transferred and vest in accordance with the scheme.
28
Transfer schemes: supplementary
(1)
Schedule 3 contains further provisions relating to the making of schemes under
35
sections 26 and 27.
(2)
In sections 26 and 27 and Schedule 3—
“designated” in relation to a scheme, means specified in or determined in
accordance with the scheme;

Natural Environment and Rural Communities Bill
Part 1 — Natural England and the Commission for Rural Communities
Chapter 3 — Supplementary
10

“the transfer date” means a date specified by a scheme as the date on
which the scheme is to have effect.
29
Interim arrangements
The Secretary of State may by written notice require English Nature or the
Countryside Agency to provide staff, premises and other facilities on a
5
temporary basis to—
(a)
Natural England, or
(b)
the Commission.
Interpretation
30
Interpretation
10
(1)
In this Part—
“the Commission” means the Commission for Rural Communities;
“Minister of the Crown” has the same meaning as in the Ministers of the
Crown Act 1975 (c. 26);
“nature conservation” means the conservation of flora, fauna or
15
geological or physiographical features;
“research” includes inquiries and investigations.
(2)
For the purposes of this Part, a public authority is any of the following—
(a)
a Minister of the Crown;
(b)
a public body (including a government department, a local authority
20
and a local planning authority);
(c)
a person holding an office—
(i)
under the Crown,
(ii)
created or continued in existence by a public general Act, or
(iii)
the remuneration in respect of which is paid out of money
25
provided by Parliament;
(d)
a statutory undertaker.
(3)
In subsection (2)—
“local authority” means a county council, a district council, a parish
council, a London borough council, the Common Council of the City of
30
London or the Council of the Isles of Scilly;
“local planning authority” has the same meaning as in the Town and
Country Planning Act 1990 (c. 8);
“statutory undertaker” means a person who is or is deemed to be a
statutory undertaker for the purposes of any provision of Part 11 of the
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Town and Country Planning Act 1990.

Natural Environment and Rural Communities Bill
Part 2 — Nature conservation in the UK
11

Part 2
Nature conservation in the UK
Joint Nature Conservation Committee etc.
31
Joint Nature Conservation Committee
The Joint Nature Conservation Committee—
5
(a)
is to continue in existence, but
(b)
is to be re-constituted in accordance with Schedule 4.
32
UK conservation bodies
(1)
In this Part “the UK conservation bodies” means—
(a)
for England, Natural England;
10
(b)
for Wales, the Countryside Council for Wales;
(c)
for Scotland, Scottish Natural Heritage;
(d)
for Northern Ireland, the Council for Nature Conservation and the
Countryside.
(2)
In this Part “the GB conservation bodies” means the bodies mentioned in
15
subsection (1)(a) to (c).
33
Purpose of functions under this Part
(1)
The UK conservation bodies and the joint committee have the functions
conferred on them by this Part for the purposes of—
(a)
nature conservation, and
20
(b)
fostering the understanding of nature conservation.
(2)
Each of them must, in discharging their functions under this Part, have regard
to—
(a)
actual or possible ecological changes, and
(b)
the desirability of contributing to sustainable development.
25
Coordinated functions
34
Functions of national or international significance
(1)
The UK conservation bodies have the functions described in subsection (2), but
those functions may be discharged only through the joint committee.
(2)
The functions are—
30
(a)
providing advice to the appropriate authorities on the development
and implementation of policies for or affecting any nature conservation
matter which—
(i)
arises throughout the United Kingdom and raises issues
common to England, Wales, Scotland and Northern Ireland,
35
(ii)
arises in one or more (but not all) of those places and affects the
interests of the United Kingdom as a whole, or
(iii)
arises outside the United Kingdom;