Natural Environment and Rural Communities Act 2006

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;

(c) in relation to matters concerning Scotland only, the Scottish Ministers;

(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;

(c) making appointments to such a board or exercising other powers in relation to a cross-border function of 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.