The Regulatory Reform (Joint Nature Conservation Committee) Order 2005

Explanatory Note

(This note is not part of the Order)

This Order amends the Environmental Protection Act 1990 (“the Act”) in so far as it relates to the Joint Nature Conservation Committee (“the JNCC”).

It removes certain burdens upon the Countryside Council for Wales, English Nature and Scottish Natural Heritage (“the Councils”), and on the JNCC, by relieving the Councils of various support roles and enabling the JNCC to do things for itself.

Section 129(1) of the Act allows the Secretary of State, with Treasury approval, to make grants to the Councils. Article 3 amends this, so that such grants may be made directly to the JNCC.

Schedule 7 to the Act is concerned with the constitution and proceedings of the JNCC, and is amended by article 4. Paragraphs 5 and 6 are amended so that obligations on the Councils to make certain payments (approved by the Secretary of State and Treasury) to the chairman and certain members of the JNCC are transferred to the JNCC. Paragraph 7 is amended so that the Councils are no longer required to provide the JNCC with staff, accommodation and other facilities. New provision is made to enable the JNCC to employ, pay and provide pensions for staff itself, directly, or to form a company limited by guarantee for these and related purposes. Paragraph 9 allows for delegation by the JNCC, and the scope for this is extended to include a company formed under the new power, and an employee of the JNCC or of such a company.

Article 5 provides for continuity of employment for employees of the Councils who become employees of the JNCC, or of a company formed under the new power, as a result of the changes introduced by this Order.