Natural Environment and Rural Communities Act 2006 (c. 16)

(The document as of February, 2008)

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(1) The appropriate authority may by order provide for the dissolution of any or all of the existing levy bodies.

(2) If an order is made providing for the dissolution of the Home-Grown Cereals Authority, the order must provide for the Cereals Marketing Act 1965 (c. 14) to cease to have effect.

(3) If an order is made providing for the dissolution of the Meat and Livestock Commission, the order must provide for the relevant provisions of the Agriculture Act 1967 (c. 22) to cease to have effect.

(4) The relevant provisions of the 1967 Act are--

Part 1 (livestock and meat marketing);
Schedule 1 (the Meat and Livestock Commission);
Schedule 2 (supplementary provisions with respect to development schemes).

(5) If an order is made providing for the dissolution of--

(a) the British Potato Council,

(b) the Horticultural Development Council, or

the order must provide for the revocation of the development council order establishing the Council.

(6) "Development council order" has the meaning given by section 1(2) of the Industrial Organisation and Development Act 1947 (c. 40) (power to establish development councils etc.).

92 Power to dissolve board

(1) The appropriate authority may by order provide for the dissolution of a board.

(2) An order under this section must provide for the revocation of the section 87 order.

93 Dissolution: supplementary

(1) Subsection (2) applies if an order is made providing for--

(a) the dissolution of an existing levy body, or

(b) the dissolution of a board.

(2) The order may provide for the transfer of any property, rights or liabilities of the existing levy body or board.

(3) Subsection (4) applies if an order is made providing for--

(a) the dissolution of an existing levy body, or

(b) the dissolution of a board in relation to which provision has been made by virtue of paragraph 5 of Schedule 10 (levies).

(4) The order must provide for the application of any surplus--

(a) for the purposes for which the existing levy body or board was established, or

(b) for connected purposes.

(5) "Surplus" means an amount by which the assets of the existing levy body or board exceeds its liabilities and expenses.

Powers of appropriate authority

94 Grants

(1) The appropriate authority may make grants to a board of such amounts as the appropriate authority thinks fit.

(2) A grant under this section may be made subject to such conditions as the appropriate authority thinks fit.

95 Directions

(1) The appropriate authority may give a board general or specific directions as to the exercise of its functions.

(2) The appropriate authority must publish any directions given under this section as soon as is reasonably practicable after giving the directions.

(3) The power to give directions under this section includes power to vary or revoke the directions.

(4) A board must comply with any directions given under this section.

Supplementary

96 "The appropriate authority"

(1) In this Chapter "the appropriate authority" means--

(a) in relation to matters concerning England only, the Secretary of State;

(b) in relation to matters concerning Wales only, the National Assembly for Wales;

(d) in relation to matters concerning Northern Ireland only, the relevant Northern Ireland department;

(e) in relation to the matters mentioned in subsection (2), the Secretary of State acting with the approval of the National Assembly for Wales, the Scottish Ministers or (as the case may be) the relevant Northern Ireland department.

(2) The matters referred to are--

(a) making a section 87 order establishing a board which has cross-border functions;

(b) making an order under section 91 or 92 dissolving an existing levy body or such a board;

(3) "Cross-border functions" means functions relating to--

(a) England, and

(b) Wales, Scotland or Northern Ireland.

(4) The Scottish Ministers may not give their approval for the purposes of subsection (1)(e) to the making of--

(a) an order establishing a board whose cross-border functions include functions relating to Scotland, or

(b) an order dissolving an existing levy body or a board whose cross-border functions include functions relating to Scotland,

unless a draft of the order has been laid before, and approved by a resolution of, the Scottish Parliament.

(5) In this Chapter "the relevant Northern Ireland department" means the Department of Agriculture and Rural Development in Northern Ireland.

97 Orders: procedure etc.

(1) An order under this Chapter may include supplementary, incidental, consequential, transitory, transitional or saving provision.

(2) An order under this Chapter making provision of a description referred to in subsection (1) may--

(a) amend or repeal any enactment, or

(b) amend or revoke any subordinate legislation,

whenever passed or made.

(3) "Enactment" includes Acts of the Scottish Parliament and Northern Ireland legislation.

(4) "Subordinate legislation" has the same meaning as in the Interpretation Act 1978 (c. 30), except that it includes any instrument made under an Act of the Scottish Parliament and any instrument within the meaning of section 1(c) of the Interpretation Act (Northern Ireland) 1954 (c. 33 N.I.).

(5) Before making any order under this Chapter the appropriate authority must consult such organisations as appear to it to be representative of interests substantially affected by the proposed order.

(6) Subject to subsection (7), any power to make an order under this Chapter is exercisable by statutory instrument.

(7) Any power of the relevant Northern Ireland department to make an order under this Chapter is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I.12)).

(8) An order under this Chapter may not be made--

(a) by the Secretary of State, unless a draft of the statutory instrument containing the order has been laid before, and approved by a resolution of, each House of Parliament;

(b) by the Scottish Ministers, unless a draft of the statutory instrument containing the order has been laid before, and approved by a resolution of, the Scottish Parliament;

(c) by the relevant Northern Ireland department, unless a draft of the statutory rule containing the order has been laid before, and approved by a resolution of, the Northern Ireland Assembly.

Chapter 3 Financial assistance

98 Financial assistance

(1) The Secretary of State may give or arrange for the giving of financial assistance in respect of expenditure incurred or to be incurred in any matter related to or connected with a DEFRA function.

(2) Financial assistance under this section may be given in any form, and may in particular be given by way of a grant, a loan or a guarantee.

(3) Financial assistance under this section may be given subject to such conditions as may be determined by, or in accordance with arrangements made by, the Secretary of State.

(4) The conditions may, in particular, include (in the case of a grant) conditions for repayment in specified circumstances.

(5) "DEFRA function" means a function which falls to be performed by or through the Department for Environment, Food and Rural Affairs.

(6) A certificate issued by the Secretary of State that a function falls to be performed as mentioned in subsection (5) is conclusive evidence of that fact.

(7) The power to give financial assistance under this section may be exercised even though a more specific power to give financial assistance exists.

Part 9 Miscellaneous

99 Natural beauty in the countryside

The fact that an area in England or Wales consists of or includes--

(a) land used for agriculture or woodlands,

(b) land used as a park, or

(c) any other area whose flora, fauna or physiographical features are partly the product of human intervention in the landscape,

does not prevent it from being treated, for the purposes of any enactment (whenever passed), as being an area of natural beauty (or of outstanding natural beauty).

100 Byelaws relating to land drainage

(1) In the Water Resources Act 1991 (c. 57), in Schedule 25, in paragraph 5(1) (power of Environment Agency to make byelaws for securing efficient working of drainage system), for the words from "necessary for securing" to the end of paragraph 5(1) substitute " necessary--

(a) for securing the efficient working of any drainage system, or

(b) for regulating the effects of any drainage system on the environment. "

(2) In paragraph 5(5) of that Schedule, after "banks" insert ", drainage".

(3) In the Land Drainage Act 1991 (c. 59), in section 66(1) (power of land drainage authorities etc. to make byelaws for securing efficient working of drainage system), for the words from "necessary for securing" to the end of section 66(1) substitute " necessary--"

(a) for securing the efficient working of any drainage system in their district or area, or

(b) for regulating the effects in their district or area of any drainage system on the environment. "

101 Abolition of certain agricultural etc. committees

The following are abolished--

(a) the advisory committee for England, Wales and Northern Ireland established under section 32 of the Hill Farming Act 1946 (c. 73),

(b) the sub-committee for Wales and Monmouthshire established under that section,

(d) the consumers' committees and committees of investigation established under section 19 of the Agricultural Marketing Act 1958 (c. 47), and

(e) the committee of investigation established under Article 21 of the Agricultural Marketing (Northern Ireland) Order 1982 (S.I. 1982/1080 (N.I. 12)).

Part 10 Final provisions

102 Crown land

(1) The appropriate authority may enter into an agreement under section 7 as respects an interest in Crown land held by or on behalf of the Crown.

(2) An agreement under section 7 as respects any other interest in Crown land is of no effect unless approved by the appropriate authority.

(3) "Crown land" means land an interest in which--

(a) belongs to Her Majesty in right of the Crown,

(b) belongs to Her Majesty in right of the Duchy of Lancaster,

(d) belongs to a government department or is held in trust for Her Majesty for the purposes of a government department.

(4) "The appropriate authority", in relation to any land, means--

(a) if the land belongs to Her Majesty in right of the Crown, the Crown Estate Commissioners or other government department having the management of the land in question;

(b) if the lands belongs to Her Majesty in right of the Duchy of Lancaster, the Chancellor of the Duchy;

(c) if the land belongs to the Duchy of Cornwall, such person as the Duke of Cornwall, or the possessor for the time being of the Duchy of Cornwall, appoints;

(d) if the land belongs to a government department or is held in trust for Her Majesty for the purposes of a government department, that department.

(5) If any question arises under this section as to what authority is the appropriate authority in relation to any land, that question is to be referred to the Treasury, whose decision is final.

103 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.

104 Power to make further provision

(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.45

(2) An order under subsection (1) may--

(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 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 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.

105 Minor and consequential amendments etc.

(1) Schedule 11 contains minor and consequential amendments.

(2) Schedule 12 contains repeals and revocations.

106 Financial provisions

There is to be paid out of money provided by Parliament--

(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.

107 Commencement

(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 Ministers and the Department of Agriculture and Rural Development in Northern Ireland.

(3) In Parts 3 to 5 (wildlife etc., SSSIs, National Parks and the Broads)--

(a) section 59 comes into force at the end of the period of two months beginning with the day on which this Act is passed, and

(b) the other provisions 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 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.

(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 Department of Agriculture and Rural Development in Northern Ireland, and

(7) In Part 9 (miscellaneous)--

(a) section 99 (natural beauty in the countryside) comes into force at the end of the period of two months beginning with the day on which this Act is passed, and

(b) section 101 (abolition of certain agricultural etc. 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 105 and Schedules 11 and 12, except so far as relating to an Act of 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 105 and Schedules 11 and 12, so far as relating to an Act of the Scottish Parliament, comes into force in accordance with provision made by order by the Secretary of State after consulting the Scottish Ministers, and

(c) section 105 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 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 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.

108 Extent

(1) Except as provided by this section, this Act extends to England and Wales only.

(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 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 53 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.

(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 101 (abolition of certain agricultural etc. committees) extends also to Scotland and Northern Ireland.

(7) In this Part--

(a) sections 105, 107 and 109 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 the same extent as the provisions to which they relate (except where otherwise provided).

109 Short title

This Act may be cited as the Natural Environment and Rural Communities Act 2006.

SCHEDULES

Section 1

SCHEDULE 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

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.

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.

(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;

(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 1972 (c. 11) can apply.

(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.

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.

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 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.

(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

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.

(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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