Environment Act 2021

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.