Environment Act 2021

Replacement etc of responsible body

131 Power of responsible body to appoint replacement

(1) The responsible body under a conservation covenant may appoint another responsible body to be the responsible body under the covenant, unless the covenant otherwise provides.

(2) The power under subsection (1) is exercisable by agreement executed as a deed by the appointor and appointee.

(3) In the case of a conservation covenant registered in the local land charges register, an appointment under subsection (1) only has effect if the appointor supplies to the Chief Land Registrar the information necessary to enable the Registrar to amend the registration.

(4) In the case of a conservation covenant relating to land in an area in relation to which section 3 of the Local Land Charges Act 1975 (as substituted by paragraph 3 of Schedule 5 to the Infrastructure Act 2015) does not yet have effect—

(a) the references in subsection (3) to the local land charges register and the Chief Land Registrar are to the appropriate local land charges register and the authority responsible for that register, but

(b) subsection (3) does not apply to an appointment by that authority.

(5) Appointment under subsection (1) has effect to transfer to the appointee—

(a) the benefit of every obligation of the landowner under the conservation covenant, and

(b) the burden of every obligation of the responsible body under the covenant.

(6) Appointment under subsection (1) does not have effect to transfer any right or liability in respect of an existing breach of obligation.

(7) A body appointed under subsection (1) as the responsible body under a conservation covenant must notify its appointment to every person who is bound by an obligation of the landowner under the covenant.

132 Body ceasing to be a responsible body

(1) Subsections (2) and (3) apply if a body which is the responsible body under a conservation covenant ceases to be a designated body.

(2) The body ceases to be the responsible body under the conservation covenant.

(3) The following transfer to the Secretary of State—

(a) the benefit of every obligation of the landowner under the covenant, and

(b) the burden of every obligation of the responsible body under the covenant.

(4) Subsection (3) does not have effect to transfer any right or liability in respect of an existing breach of obligation.

(5) If subsection (3) has effect in relation to a conservation covenant, the Secretary of State becomes custodian of the covenant until—

(a) an appointment under section 131(1) by the Secretary of State has effect in relation to the covenant, or

(b) the Secretary of State makes an election under subsection (6) in relation to the covenant.

(6) If custodian of a conservation covenant, the Secretary of State may elect to be the responsible body under the covenant by giving written notice of election to every person who is bound by an obligation of the landowner under the covenant.

(7) The Secretary of State may, as custodian of a conservation covenant—

(a) enforce any obligation of the landowner under the covenant, and

(b) exercise in relation to the covenant any power conferred by this Part on the responsible body under the covenant.

(8) In relation to any period as custodian of a conservation covenant, the Secretary of State has no liability with respect to performance of any obligation of the responsible body under the covenant.