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The Natural Resources Body for Wales (Establishment) Order 2012

Type Welsh-Statutory-Instrument

Publication 2012-07-18

State In force

Jurisdiction Wales

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

articles 1

Reform history JSON API PDF

Made: 18 July 2012

Coming into force: see article 1

In accordance with section 19(4) of the Act, the draft of this Order so laid has been approved by resolution of the National Assembly for Wales after the expiry of the 40-day period referred to in that provision.

PART 1 — — PRELIMINARY

Title and commencement

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(1) The title of this Order is the Natural Resources Body for Wales (Establishment) Order 2012.

(2) This Order comes into force on the day after the day on which it is made.

Interpretation

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In this Order—

“the Body” (“y Corff”) has the meaning given by article 3(1);

“nature conservation” (“cadwraeth natur”) means the conservation of flora, fauna or geological or physiographical features;

“pollution control functions” (“swyddogaethau rheoli llygredd”) has the same meaning as in section 5 of the Environment Act 1995;

“the Welsh zone” (“parth Cymru”) has the meaning given by section 158 of the Government of Wales Act 2006.

PART 2 — — ESTABLISHMENT AND GENERAL FUNCTIONS

The Body

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(1) There is to be a body corporate to be known as the Natural Resources Body for Wales or Corff Adnoddau Naturiol Cymru (referred to in this Order as “the Body”).

(2) The Schedule contains further provisions about the Body.

Purpose of the Body

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(1) The Body must—

(a) pursue sustainable management of natural resources in relation to Wales, and

(b) apply the principles of sustainable management of natural resources,

in the exercise of its functions, so far as consistent with their proper exercise.

(2) In this article—

“principles of sustainable management of natural resources” (“egwyddorion rheoli cynaliadwy ar adnoddau naturiol”) has the meaning given by section 4 of the Environment (Wales) Act 2016;

“sustainable management of natural resources” (“rheoli cynaliadwy ar adnoddau naturiol”) has the meaning given by section 3 of the Environment (Wales) Act 2016.

Guidance with respect to the Body’s purpose

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(1) The Welsh Ministers may give guidance to the Body with respect to the manner in which it should exercise its functions so as to give effect to its general purpose in article 4.

(2) In preparing any guidance under paragraph (1), the Welsh Ministers must have regard to the Body’s responsibilities and resources.

(3) In discharging its general purpose in article 4, the Body must have regard to guidance given under this article.

(4) Before giving guidance to the Body under this article, the Welsh Ministers must consult the Body and such other bodies or persons as the Welsh Ministers consider appropriate.

(5) The Welsh Ministers must publish any guidance given under this article as soon as is reasonably practicable after giving the guidance.

(6) The power to give guidance under this article includes power to vary or revoke it.

Initial functions of the Body

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General duty of the Body to have regard to costs and benefits in exercising powers

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(1) In considering whether or not to exercise any power conferred upon it by or under any enactment, the Body must take into account the likely costs and benefits of the exercise or non-exercise of that power.

(2) In deciding the manner in which to exercise any such power, the Body must take into account the likely costs and benefits of its exercise in the manner in question.

(3) The duties in paragraphs (1) and (2) do not apply if, or to the extent that, it is unreasonable for the Body to be subject to them in view of the nature or purpose of the power or in the circumstances of the particular case.

(4) But those duties do not affect the Body’s obligation to discharge any duties, comply with any requirements, or pursue any objectives, imposed upon or given to it by any enactment other than this article.

(5) For the purposes of this article, costs include costs—

(a) to any person; and

(b) to the environment.

General incidental function of the Body

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(1) The Body may do anything that appears to it to be conducive or incidental to the discharge of its functions.

(2) In particular, the Body may—

(a) enter into agreements;

(b) acquire or dispose of property and carry out such engineering or building operations as it considers appropriate;

(c) subject to the approval of the Welsh Ministers, form or participate in the forming of bodies corporate or acquire or dispose of interests in bodies corporate;

(d) form charitable trusts;

(da) act, or appoint a person to act, as an officer of a body corporate or as a trustee of a charitable trust;

(e) accept gifts or contributions;

(f) invest money.

(3) In this article “engineering or building operations” (“gwaith peirianyddol neu waith adeiladu”), without prejudice to the generality of that expression, includes—

(a) the construction, alteration, improvement, maintenance or demolition of any building or structure or of any reservoir, watercourse, dam, weir, well, borehole or other works, and

(b) the installation, modification or removal of any machinery or apparatus.

Advice and assistance to Welsh Ministers

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(1) The Body must provide the Welsh Ministers with such advice and assistance as they may request.

(2) The Body may advise the Welsh Ministers on the development and implementation of policies for or in relation to any matter in respect of which the Body exercises functions, whether or not it has been requested to do so.

Directions

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(1) The Welsh Ministers may give the Body general or specific directions as to the exercise of its functions.

(2) The power in paragraph (1) may also be exercised by the Secretary of State for the purpose of directing the Body as to the exercise of its relevant transferred functions, where the direction—

(a) would have any effect in England; or

(b) relates to water resources management, water supply, rivers or other watercourses, control of pollution of water resources, sewerage or land drainage, and would have any effect in the catchment areas of the rivers Dee, Wye and Severn.

(3) The Welsh Ministers or the Secretary of State may give the Body general or specific directions for—

(a) securing that any assimilated obligation is met, or

(b) the implementation of any international obligation of the United Kingdom.

(4) Except in an emergency, the power to give a direction under this article may be exercised only after consultation with the Body.

(5) The Welsh Ministers may give a direction falling within paragraph (2) only after consulting the Secretary of State.

(6) The Secretary of State may give a direction under this article only after consulting the Welsh Ministers.

(7) Any power of the Welsh Ministers or Secretary of State to give directions to the Body under any other enactment is without prejudice to their powers to give directions under this article.

(8) In this article, “relevant transferred functions” (“swyddogaethau trosglwyddedig perthnasol”) means any functions which—

(a) were exercisable by the Environment Agency before 1 April 2013; and

(b) are functions of the Body by virtue of the Natural Resources Body for Wales (Functions) Order 2013,

but this is subject to paragraph (9).

(9) For the purposes of the definition of “relevant transferred functions” (“swyddogaethau trosglwyddedig perthnasol”)—

(a) a function of the Environment Agency was exercisable before 1 April 2013 whether or not the enactment conferring it had come into force before that date; but

(b) a function is only a relevant transferred function when the enactment conferring the function has come into force.

(10) In this article, “the catchment areas of the rivers Dee, Wye and Severn” (“dalgylchoedd afonydd Dyfrdwy, Gwy a Hafren”) has the meaning given by article 1(3) of the National Assembly for Wales (Transfer of Functions) Order 1999.

PART 3 — — FINANCIAL MATTERS

Grants

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(1) The Welsh Ministers may make grants to the Body.

(2) A grant under this article may be made subject to conditions.

(3) The conditions which may be imposed include, without limitation, conditions as to the use of the money for the purposes of the Joint Nature Conservation Committee.

General financial duties

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(1) The Welsh Ministers may determine the financial duties of the Body.

(2) Different determinations may be made for different functions and activities of the Body.

(3) The Welsh Ministers must—

(a) consult the Body before making a determination of the Body’s financial duties, and

(b) give the Body notice of every such determination which they make.

(4) Such a determination may—

(a) relate to a period beginning before, on, or after, the date on which it is made;

(b) contain supplemental provisions; and

(5) The Welsh Ministers may give a direction to the Body requiring it to pay to them an amount equal to the whole or such part as may be specified in the direction of any sum, or any sum of a description, so specified which is or has been received by that Body.

(6) Where it appears to the Welsh Ministers that the Body has a surplus, whether on capital or revenue account, they may direct the Body to pay them such amount not exceeding the amount of that surplus as may be specified in the direction.

(7) The Welsh Ministers must consult the Body before giving a direction under paragraph (5) or (6).

(8) This article is subject to section 118 of the Water Resources Act 1991.

Borrowing powers

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(1) The Body may borrow in accordance with the following provisions of this article, but not otherwise.

(2) The Body may borrow such sums in sterling as it may require for meeting its obligations and carrying out its functions.

(3) The Body may borrow—

(a) from the Welsh Ministers, or

(b) from persons other than the Welsh Ministers, but only with the consent of the Welsh Ministers.

(4) Consent under paragraph (3)(b) may be granted subject to conditions.

Welsh Ministers' guarantees of the Body’s borrowing

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(1) The Welsh Ministers may guarantee, in such manner and on such conditions as they think fit, the repayment of the principal of, the payment of interest on, and the discharge of any other financial obligation in connection with, any sum which the Body borrows from any person.

(2) If any sums are paid out in fulfilment of a guarantee under this article, the Body must make to the Welsh Ministers, at such times and in such manner as they from time to time direct,—

(a) payments of such amounts as they direct in or towards repayment of the sums so paid out, and

(b) payments of interest, at such rate as they direct, on what is outstanding for the time being in respect of sums so paid out.

SCHEDULE — Further provisions about the Body

Status

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(1) The Body is not to be regarded as a servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown.

(2) Subject to paragraph 1A, property of the Body is not to be regarded as property of or property held on behalf of the Crown.

Membership

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(1) The Body is to consist of—

(a) a chairperson appointed by the Welsh Ministers;

(b) not fewer than 5 nor more than 11 other members appointed by the Welsh Ministers;

(d) not ... more than 4 other members appointed by the Body.

(2) In the case of the initial appointments to the Body, appointments under sub-paragraph (1)(d) are to be made by the members appointed under sub-paragraph (1)(a) to (c), and the expression “the Body” (“y Corff”) is to be interpreted accordingly.

(3) The chairperson and the other members appointed by the Welsh Ministers under sub-paragraph (1)(b) must not be employees of the Body and are referred to in this Schedule as “non-executive members” (“aelodau anweithredol”).

(4) The chief executive and the other members appointed by the Body under sub-paragraph (1)(d) are to be employees of the Body and are referred to in this Schedule as “executive members” (“aelodau gweithredol”).

(5) The Welsh Ministers may appoint one of the non-executive members to be deputy chairperson.

(6) In appointing a person to be a member, the Welsh Ministers or the Body (as the case may be) must have regard to the desirability of—

(a) appointing a person who has experience of, and has shown some capacity in, some matter relevant to the exercise of the Body’s functions, and

(b) securing that a variety of skills and experience is available among the members.

Further provisions relating to initial membership

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Tenure of office

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Subject to ... paragraphs 6 to 8—

(a) a member holds and vacates office in accordance with the terms of the member’s nomination or appointment;

(b) a deputy chairperson holds and vacates that office in accordance with the terms of that appointment.

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(1) A person may resign from office as a non-executive member, or as deputy chairperson, by giving written notice to the Welsh Ministers.

(2) A person may resign from office as an executive member by giving written notice to the Body.

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(1) The Welsh Ministers may remove a person from office as a non-executive member, or as deputy chairperson, by notice in writing.

(2) The Body may remove a person from office as an executive member by notice in writing.

(3) A notice under this paragraph may only be given to a person who—

(a) has been absent from meetings of the Body for a period longer than 3 months without the permission of the Body;

(b) has failed to comply with the terms of the appointment;

(c) has become bankrupt or has made an arrangement with creditors, whose estate has been sequestrated in Scotland, or who has entered into a debt arrangement programme under Part 1 of the Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17) as the debtor or has, under Scots law, made a composition or arrangement with, or granted a trust deed for, the member’s creditors;

(d) in the opinion of the person giving the notice, is unfit to continue the appointment because of misconduct; or

(e) in the opinion of the person giving the notice, is otherwise unable, unfit or unwilling to carry out the member’s functions.

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(1) A person ceases to be deputy chairperson upon ceasing to be a member.

(2) A person ceases to be a non-executive member upon becoming an employee of the Body.

(3) A person ceases to be an executive member upon ceasing to be an employee of the Body.

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(1) A person who ceases to be a member, and a member who ceases to be deputy chairperson, may be reappointed to that office.

(2) But a person who has been removed from office on the ground of misconduct set out in paragraph 7(3)(d) may not be reappointed.

Remuneration and pensions etc of members

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(1) The Body must pay the non-executive members and any deputy chairperson such remuneration and allowances as the Welsh Ministers may determine.

(2) The Welsh Ministers may make different determinations under this article in different cases.

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The Body must—

(a) pay such pensions or gratuities to or in respect of any non-executive member or former non-executive member as the Welsh Ministers may determine;

(b) pay such sums as the Welsh Ministers may determine towards provision for the payment of pensions or gratuities to or in respect of any non-executive member or former non-executive member.

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(1) This article applies if—

(a) a person ceases to be a non-executive member, and

(b) it appears to the Welsh Ministers that there are special circumstances which make it appropriate for the person to receive compensation.

(2) The Welsh Ministers may require the Body to pay the person such amount of compensation as the Welsh Ministers may determine.

Staff

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(1) The Body must appoint a person to be chief executive.

(2) The person appointed must have been approved by the Welsh Ministers.

(3) The Welsh Ministers may appoint the first chief executive.

(4) The Body may appoint other employees.

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(1) The Body may pay its employees such remuneration and allowances as it determines.

(2) The Body may only make a determination under this paragraph with the approval of the Welsh Ministers.

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(1) The Body may—

(a) pay such pensions or gratuities as it determines to or in respect of any employee or former employee, and

(b) pay such sums as it determines towards provision for the payment of pensions or gratuities to or in respect of any employee or former employee.

(2) The Body may only make a determination under this paragraph with the approval of the Welsh Ministers.

Procedure

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