Environmental Protection Act 1990

Section 128.

SCHEDULE 7 E+W+S The Joint Nature Conservation Committee

Preliminary E+W+S

1 In this Schedule—

• “chairman” means (except in paragraph 2(1) below) the chairman of the committee;

• “the committee” means the Joint Nature Conservation Committee; and

• “council” means a council established by section 128(1) of this Act.

Membership E+W+S

2 (1) The committee shall consist of eleven voting members, namely—

(a) a chairman appointed by the Secretary of State;

(b) three members appointed by the Secretary of State;

(c) the chairman of each council and one other member of each council appointed by that council; and

(d) the chairman of the [F1 Countryside Agency];

and two non-voting members appointed by the Department of the Environment for Northern Ireland.

(2) The committee may appoint any voting member to be deputy chairman.

Textual Amendments

F1 Words in Sch. 7 para. 2 substituted (20.2.1999) by S.I. 1999/416, art. 3, Sch. 1 para. 14(5)

3 The chairman and the three members appointed by the Secretary of State shall be persons who are not members of any of the councils and shall hold and vacate office in accordance with the terms of their appointments.

4 (1) The three members appointed by the Secretary of State shall be persons appearing to the Secretary of State to have experience in or scientific knowledge of nature conservation; and the Secretary of State shall, in determining who to appoint, have regard to any recommendations made to him by the chairman.

(2) Before appointing such a member the Secretary of State shall consult the chairman and such persons having scientific knowledge of nature conservation as the Secretary of State considers appropriate.

Remuneration and allowances for members E+W+S

5 (1) [F2 The committee] shall—

(a) pay to the chairman such remuneration and allowances; and

(b) pay such pension, allowance or gratuity to or in respect of the chairman or make such payments towards the provision of such pension, allowance or gratuity;

as the Secretary of State may with the approval of the Treasury determine.

(2) If a person ceases to be chairman and it appears to the Secretary of State that there are special circumstances which make it right that he should receive compensation, the Secretary of State may require [F2 the committee] to pay to that person a sum of such amount as the Secretary of State may with the approval of the Treasury determine.

Textual Amendments

F2 Words in Sch. 7 para. 5 substituted (31.3.2005) by The Regulatory Reform (Joint Nature Conservation Committee) Order 2005 (S.I. 2005/634), art. 4(2)

6 [F3 The committee] shall pay to the three members appointed by the Secretary of State, and to the non-voting members, such remuneration and allowances as the Secretary of State may with the approval of the Treasury determine.

Textual Amendments

F3 Words in Sch. 7 para. 6 substituted (31.3.2005) by The Regulatory Reform (Joint Nature Conservation Committee) Order 2005 (S.I. 2005/634), art. 4(2)

Staff etc. and expenses E+W+S

7 (1) The councils shall provide the committee with F4 . . . such financial resources, as the councils, after consultation with the committee, consider appropriate for the proper discharge of the functions conferred by section 133(2) and (3) of this Act.

[F5 (1A) The committee may appoint such number of employees as they may, with the approval of the Secretary of State given with the consent of the Treasury, determine.

(1B) The committee shall pay to the employees appointed under sub-paragraph (1A) above such remuneration and allowances as the committee may, with the approval of the Secretary of State given with the consent of the Treasury, determine.

(1C) The committee shall, in the case of such of their employees or former employees as they may, with the approval of the Secretary of State given with the consent of the Treasury, determine—

(a) pay such pensions, allowances or gratuities to or in respect of those employees,

(b) make such payments towards provision 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 they may, with the approval of the Secretary of State given with the consent of the Treasury, determine.]

(2) The expenses of the committee shall be defrayed by the councils in such proportions as the councils may agree.

(3) In default of agreement between the councils as to any question arising under sub-paragraph (1) or (2) above the Secretary of State shall determine that question.

[F6 (4) With the consent of the Secretary of State, not given without the approval of the Treasury, and subject to any conditions he may impose, the councils may jointly, through the committee, form a company limited by guarantee the main objects of which fall within sub-paragraph (5).

(5) The objects falling within this sub-paragraph are objects of—

(a) providing administrative and corporate support services to the committee, including the employment of staff, for the purposes of the special functions (within the meaning of section 133 of this Act);

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

(c) doing such other things as are incidental or conducive to the exercise of those functions.

(6) The councils, acting jointly through the committee, shall ensure that, at all times, only members of the committee are members of any company formed under sub-paragraph (4).

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

(8) Sub-paragraphs (4) to (7) above are without prejudice to any power of the councils jointly through the committee to undertake anything mentioned in sub-paragraph (5) above by virtue of sections 132(2) and 133(2) of this Act.

(9) Where a company is formed under sub-paragraph (4) the requirements as to the approval of the Secretary of State given with the consent of the Treasury shall apply in respect of appointment, payment and pension matters for employees and former employees of the company as they do in respect of employees and former employees of the committee under sub-paragraphs (1A), (1B) and (1C) above.]

Textual Amendments

F4 Words in Sch. 7 para. 7(1) omitted (31.3.2005) by virtue of The Regulatory Reform (Joint Nature Conservation Committee) Order 2005 (S.I. 2005/634), art. 4(3)(a)

F5 Sch. 7 para. 7(1A)-(1C) inserted (31.3.2005) by The Regulatory Reform (Joint Nature Conservation Committee) Order 2005 (S.I. 2005/634), art. 4(3)(b)

F6 Sch. 7 para. 7(4)-(9) inserted (31.3.2005) by The Regulatory Reform (Joint Nature Conservation Committee) Order 2005 (S.I. 2005/634), art. 4(3)(c)

Modifications etc. (not altering text)

C1 Sch. 7 para. 7(3) modified (1.7.1999) by S.I. 1999/672, art. 5, Sch. 2

Proceedings E+W+S

8 (1) The committee may regulate their own procedure (including making provision in relation to the quorum of voting members).

(2) The proceedings of the committee shall not be invalidated by any vacancy amongst their members or defect in the appointment of any member.

Delegation of functions E+W+S

9 [F7 (1) Anything authorised or required to be done by the committee may be done by any member of the committee, by a company formed under paragraph 7(4), by any council or by any employee of the committee, of such a company, or of a council who is authorised (generally or specially) for the purpose by the committee.]

(2) Nothing in sub-paragraph (1) above shall prevent the committee from doing anything that another person has been authorised to do.

Textual Amendments

F7 Sch. 7 para. 9(1) substituted (31.3.2005) by The Regulatory Reform (Joint Nature Conservation Committee) Order 2005 (S.I. 2005/634), art. 4(4)

Annual reports E+W+S

10 (1) The committee shall—

(a) as soon as possible after 31st March following the date appointed under section 131(3) of this Act make to the Secretary of State a report on their activities down to that date; and

(b) make a similar report to him as to each period of twelve months thereafter as soon as possible after its end;

and a copy of each such report shall be laid before each House of Parliament by the Secretary of State.

(2) The committee shall, at the same time as they make a report under sub-paragraph (1) above, send a copy of it to each of the councils.