Search Legislation

Environmental Protection Act 1990

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: SCHEDULE 6

 Help about opening options

Version Superseded: 27/11/1991

Status:

Point in time view as at 01/02/1991.

Changes to legislation:

Environmental Protection Act 1990, SCHEDULE 6 is up to date with all changes known to be in force on or before 28 March 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.

Section 128.

SCHEDULE 6E+W+S The Nature Conservancy Councils for England and Scotland and the Countryside Council for Wales: Constitution.

PreliminaryE+W+S

1In this Part of this Schedule any reference to the council is a reference to each of the Councils established by section 128 of this Act.

Constitution and membershipE+W+S

2E+W+SThe council shall be a body corporate.

3(1)The council shall not be regarded as the servant or agent of the Crown, or as enjoying any status, immunity or privilege of the Crown; and the council’s property shall not be regarded as property of, or property held on behalf of, the Crown.E+W+S

(2)Sub-paragraph (1) above has effect subject to paragraph 18 below.

4(1)The Secretary of State shall appoint one of the members of the council to be chairman of the council and may appoint a member to be deputy chairman.E+W+S

(2)The chairman, deputy chairman and other members of the council shall hold and vacate office in accordance with the terms of their appointment.

(3)A member of the council may, by notice in writing addressed to the Secretary of State, resign his membership, and the chairman and deputy chairman of the council may by such a notice resign their office as such without resigning their membership.

5E+W+SA member of the council who ceases to be a member or ceases to be chairman or deputy chairman of the council shall be eligible for reappointment.

6E+W+SThe Secretary of State may remove a member of the council from membership if he has—

(a)become bankrupt or made an arrangement with his creditors or, in Scotland, had his estate sequestrated or made a trust deed for behoof of his creditors or a composition contract; or

(b)been absent from meetings of the council for a period longer than six consecutive months without the permission of the council;

or if he is, in the opinion of the Secretary of State unable or unfit to discharge the functions of a member.

Remuneration and allowances for members of councilE+W+S

7(1)The council shall—E+W+S

(a)pay to their members such remuneration and allowances (if any); and

(b)as regards any member or former member in whose case the Secretary of State may so determine, pay such pension, allowance or gratuity to or in respect of him, 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 a member of the council, 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 the council to pay to that person a sum of such amount as the Secretary of State may with the approval of the Treasury determine.

StaffE+W+S

8(1)There shall be a chief officer of the council.E+W+S

(2)The first appointment of a chief officer shall be made by the Secretary of State after consultation with the chairman of the council (if there is a person holding that office when the appointment is made); and the council shall, with the approval of the Secretary of State, make the subsequent appointments.

9E+W+SThe council may appoint such number of other employees as they may, with the approval of the Secretary of State given with the consent of the Treasury, determine.

10E+W+SThe council shall pay to the chief officer and their other employees such remuneration and allowances as the council may, with the approval of the Secretary of State given with the consent of the Treasury, determine.

11E+W+SThe council 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.

ProceedingsE+W+S

12(1)The council may regulate their own procedure (including making provision in relation to quorum).E+W+S

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

Delegation of powersE+W+S

13(1)Anything authorised or required by or under any enactment to be done by the council may be done by any committee of theirs which, or by any member or employee of the council who, is authorised (generally or specially) for the purpose by the council.E+W+S

(2)Nothing in sub-paragraph (1) above shall prevent the council from doing anything that a committee, member or employee has been authorised to do.

CommitteesE+W+S

14(1)The council may appoint persons who are not members of the council to be members of any committee established by the council (in addition to any members of the council).E+W+S

(2)The council shall pay to a person so appointed such remuneration and allowances (if any) as the Secretary of State may with the approval of the Treasury determine.

(3)The council may regulate the procedure of any committee of theirs.

DocumentsE+W+S

15(1)This paragraph applies in England and Wales only.E+W

(2)The application of the seal of the council shall be authenticated by the signature of any member or employee of the council who is authorised (generally or specially) for the purpose by the council.

(3)Any document purporting to be an instrument made or issued by the council and to be duly executed under the seal of the council, or to be signed or executed by a person authorised for the purpose by the council, shall be received in evidence and treated, without further proof, as being so made or issued unless the contrary is shown.

16(1)Sub-paragraphs (2) and (3) below apply in Scotland only; and they do not apply where an enactment (including an enactment contained in a statutory instrument) provides otherwise.

(2)A document—

(a)is signed by the council if it is signed on their behalf by a member or by the chief officer or by a person authorised to sign the document on behalf of the council; and

(b)is subscribed by the council if it is subscribed on their behalf by being signed in accordance with the provisions of paragraph (a) above at the end of the last page of the document.

(3)A document shall be presumed, unless the contrary is shown, to have been subscribed in accordance with sub-paragraph (2) above if—

(a)it bears to have been subscribed on behalf of the council by a member or by the chief officer or by a person bearing to have been authorised to subscribe the document on behalf of the council; and

(b)it bears to have been signed by a person as a witness of the subscription of the member, chief officer or other person subscribing on behalf of the council or (if the subscription is not so witnessed) to have been sealed with the common seal of the council.

Public RecordsE+W+S

17E+W+SIn Schedule 1 to the M1Public Records Act 1958 (definition of public records), in Part II of the Table at the end of paragraph 3 (organisations whose records are public records) there shall be inserted in the appropriate places entries relating to the Countryside Council for Wales and the Nature Conservancy Council for England.

Marginal Citations

LandE+W+S

18(1)For the purposes of the application of any enactment or rule of law to land an interest in which belongs to the council, and which is managed as a nature reserve, the council shall be deemed to be a Government department; and any other land occupied by them shall be deemed, for the purpose of any rate on property, to be property occupied by or on behalf of the Crown for public purposes.E+W+S

(2)In sub-paragraph (1) above “interest” and “land” have the meanings assigned to them by section 114 of the National Parks and Access to the M2Countryside Act 1949.

Marginal Citations

Reports, accounts etc.E+W+S

19E+W+SThe council shall—

(a)furnish the Secretary of State with such returns, accounts and other information with respect to their property and activities or proposed activities as he may from time to time require;

(b)afford to the Secretary of State facilities for the verification of information so furnished; and

(c)for the purpose of such verification, permit any person authorised in that behalf by the Secretary of State to inspect and make copies of the council’s accounts, books, documents or papers and give that person such explanation of anything he is entitled to inspect as he may reasonably require.

20(1)The council shall—

(a)as soon as possible after the 31st March following the date appointed under section 131(3) of this Act make to the Secretary of State a report on the exercise and performance of their functions 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)Without prejudice to the generality of sub-paragraph (1) above, the report of the Countryside Council for Wales for any year shall include a statement of the action taken by the Council to promote the enjoyment of the countryside by members of the public who are disabled.

21(1)The council shall keep proper accounts and other records, and shall prepare for each financial year a statement of account in such form as the Secretary of State with the approval of the Treasury may direct and submit those statements of account to the Secretary of State at such time as he may with the approval of the Treasury direct.

(2)The Secretary of State shall, on or before 30th November in any year, transmit to the Comptroller and Auditor General the statements of account of the council for the financial year last ended.

(3)The Comptroller and Auditor General shall examine and certify the statements of account transmitted to him under this paragraph, and lay copies of them together with his report thereon before each House of Parliament.

(4)In this paragraph “financial year” means the period beginning with the day appointed under section 131(3) of this Act and ending with the 31st March following that date and each period of twelve months thereafter.

Superannuation Act 1965 (c. 74)E+W+S

22E+W+SIn paragraph 7 of section 39(1) of the Superannuation Act 1965 (public offices)—

(a)there shall be inserted in the appropriate place the following entry—

The Countryside Council for Wales.;

(b)for the entry relating to the Nature Conservancy Council there shall be substituted the following entries—

The Nature Conservancy Council for England.

The Nature Conservancy Council for Scotland.

Parliamentary Commissioner Act 1967 (c. 13)E+W+S

23In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments and authorities subject to investigation)—

(a)after the entry for the Countryside Commission for Scotland there shall be inserted the following entry—

Countryside Council for Wales.;

(b)for the entry relating to the Nature Conservancy Council there shall be substituted the following entries—

Nature Conservancy Council for England.

Nature Conservancy Council for Scotland.

House of Commons Disqualification Act 1975 (c. 24)E+W+S

24E+W+SIn Part III of Schedule 1 to the House of Commons Disqualification Act 1975 (other disqualifying offices), for the entry relating to members of the Nature Conservancy Council in receipt of remuneration there shall be substituted—

Any member of the Nature Conservancy Council for England, the Nature Conservancy Council for Scotland or the Countryside Council for Wales in receipt of remuneration.

Inheritance Tax Act 1984 (c. 51)E+W+S

25E+W+SIn Schedule 3 to the Inheritance Tax Act 1984 (gifts for national purposes), for the entry relating to the Nature Conservancy Council there shall be substituted the following entries—

Nature Conservancy Council for England.

Nature Conservancy Council for Scotland.

Countryside Council for Wales.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources