Appendix 2
Extracts from the Natural Environment and Rural
Communities Act 2006
Chapter 1
Natural England
Constitution and general purpose
1 Constitution
(1) There is to be a body known as Natural England.
(2) Natural England is to have the functions
conferred on it by or under this Act or any other enactment.
(3) Except where otherwise expressly provided,
Natural England's functions are exercisable in relation to England
only.
(4) English Nature and the Countryside Agency
are dissolved and their functions are (subject to the provisions
of this Act) transferred to Natural England.
(5) Schedule 1 contains provisions about the
constitution of Natural England and related matters.
SCHEDULE 1, Section 1
Natural England
Status
1 Natural England is to be a body corporate.
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 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 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 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 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.
Term of office
5 Subject to paragraphs 6 to 8, a member holds
and vacates office in 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 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 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
(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.
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 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—
(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 amount as the Secretary of State
may determine.
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