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

(The document as of February, 2008)

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(b) is to be treated as so executed unless the contrary is shown.

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.

(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--

(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--

(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.

(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.

(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.

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 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, and

(b) provide such explanation of them as that person or the Secretary of State may require.

Section 17

SCHEDULE 2 Commission for Rural Communities

Status

1 The Commission is to be a body corporate.

2 The Commission 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 the Commission's property is not to be regarded as property of, or held on behalf of, the Crown.

Membership

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 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.

(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 the Commission for a period longer than 6 months without the permission of the Commission,

(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 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--

(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 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.

(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 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 employment to which a scheme under section 1 of the Superannuation Act 1972 (c. 11) can apply.

(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 provided by Parliament under that Act.

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.

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 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 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 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 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--

(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--

(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.54

(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.

(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.

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 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, and

(b) provide such explanation of them as that person or the Secretary of State may require.

Section 28

SCHEDULE 3 Transfer schemes

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 by the transferor;

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 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 effect under an enactment or an agreement or in any other way.

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 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.

(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 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.

(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.

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 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 employment,

(b) the terms of that employment are to be regarded as constituting the terms of that contract, and

(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 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.

Continuity

9 A transfer under this Schedule does not affect the validity of anything done by or in 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 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)--

(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

(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 consequential provision.

Section 31

SCHEDULE 4 Joint Nature Conservation Committee

Membership

1 (1) The joint committee is to consist of 14 members--

(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;

(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.

(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 nature conservation.

(2) Before appointing any members under paragraph 1(1), the Secretary of State must consult the National Assembly for Wales, the Scottish Ministers and the relevant Northern Ireland department.

(3) 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 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 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 has had his estate sequestrated in Scotland, or

Remuneration and allowances etc.

7 The joint committee must pay to the members appointed by the Secretary of 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

(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

(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.

Staff: general

10 The joint committee may, with the approval of the Secretary of State, appoint employees.

11 The joint committee must pay to its employees such remuneration and allowances as the joint committee may, with the approval of the Secretary of State, determine.

12 The joint committee may--

(a) pay such pensions, gratuities or allowances to or in respect of any employee or former employee,

(b) pay such sums towards provision for the payment of such pensions, allowances or gratuities, or

(c) provide and maintain such schemes (whether contributory or not) for the payment of such pensions, allowances or gratuities,

as it may, with the approval of the Secretary of State, determine.

Formation of company

13 (1) With the consent of the Secretary of State, and subject to any conditions he may impose, the joint committee may form a company limited by guarantee the main objects of which fall within sub-paragraph (2).

(2) The objects are--

(a) providing administrative and corporate support services to the joint committee, including the employment of staff, for the purposes of its functions,

(b) making charges and holding land or any interest in or right over land for those purposes, and

(3) The constitution of any company formed under this paragraph must include provision to ensure that only members of the joint committee are members of the company.

(4) The members of any company formed under this paragraph must ensure that no-one is appointed, or continues to serve, as a director of the company who is not a member of the joint committee, or an employee of the joint committee or of the company.

(5) Sub-paragraphs (2) and (4) do not affect the power of the UK conservation bodies acting through the joint committee to undertake anything mentioned in sub-paragraph (2) by virtue of Part 2.

(6) Where a company is formed under this paragraph the requirements as to the approval of the Secretary of State apply in respect of appointment, payment and pension matters for employees and former employees of the company as they do in respect of employees or former employees of the joint committee under paragraphs 10 to 12.

Funding

14 (1) The funding bodies must provide the joint committee with such financial resources as the appropriate authorities consider are needed for the proper discharge of the functions conferred by Part 2.

(2) When determining what financial resources should be provided, the appropriate authorities must take into account--

(a) any grant being made under paragraph 15, and

(b) the views of the joint committee and the funding bodies.

(3) The contributions of each of the funding bodies are to be such as are agreed by the appropriate authorities, having taken into account the views of those bodies.

(4) "The funding bodies" means--

(a) the GB conservation bodies, and

(b) the relevant Northern Ireland department.

15 (1) The Secretary of State may make grants to the joint committee 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.

Procedure

16 (1) The joint committee may determine its own procedure (including quorum).

(2) No proceeding of the joint committee is invalidated by--

(a) a vacancy among the members, or

(b) any defect in the appointment of any member.

Discharge of functions

17 (1) The joint committee may authorise any of their functions to be exercised by--

(a) any member of the joint committee,

(b) a company formed under paragraph 13,

(d) any employee of the joint committee, of such a company, or of any of those bodies.

(2) Sub-paragraph (1) does not prevent the joint committee from doing anything that another person has been authorised to do.

Annual reports

18 (1) As soon as possible after the end of each financial year, the joint committee must--

(a) prepare an annual report on how it has discharged their functions during the year, and

(b) send a copy of the report to the appropriate authorities and the UK conservation bodies.

(2) The Secretary of State must lay a copy of the report before each House of Parliament.

(3) The Scottish Ministers must lay a copy of the report before the Scottish Parliament.

Interpretation

19 (1) In this Schedule "the appropriate authorities" means--

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