PART 7

Conservation covenants

Creation of conservation covenant

Responsible bodies
119
1
The following are responsible bodies for the purposes of this Part—
a
the Secretary of State;
b
bodies which are designated under this section (referred to in this Part as “designated bodies”).
2
The Secretary of State may, on the application of a local authority or other body, designate it as a responsible body for the purposes of this Part.
3
The Secretary of State may only designate a local authority if satisfied that it is suitable to be a responsible body.
4
The Secretary of State may only designate a body that is not a local authority if satisfied that it—
a
meets the condition in subsection (5), and
b
is suitable to be a responsible body.
5
The condition is that—
a
in the case of a public body or a charity, at least some of its main purposes or functions relate to conservation, or
b
in any other case, at least some of the body’s main activities relate to conservation.
6
The Secretary of State may revoke a designation by notice to the body concerned if—
a
the body has applied to the Secretary of State for its designation to be revoked,
b
the Secretary of State is satisfied that the body is not suitable to remain as a responsible body, or
c
in the case of a body other than a local authority, the Secretary of State is satisfied that the body does not meet the condition in subsection (5).
7
The Secretary of State may determine the criteria to be applied in deciding whether a body is suitable to be or to remain a responsible body (which may include criteria relating to the body’s connection with the United Kingdom).
8
The Secretary of State must publish (and keep up to date)—
a
a document setting out the criteria applicable for the purposes mentioned in subsection (7), and
b
a list of the bodies who are designated under this section.
9
In this section—
- “charity” means a charity registered under the Charities Act 2011 or an exempt charity (within the meaning of that Act);
- “conservation” means conservation of—
  1. the natural environment or natural resources of land,
  2. places of archaeological, architectural, artistic, cultural or historic interest, or
  3. the setting of land with a natural environment or natural resources or which is a place of archaeological, architectural, artistic, cultural or historic interest;
- “local authority” means—
  1. a county or district council in England;
  2. a London borough council;
  3. the Common Council of the City of London;
  4. the Council of the Isles of Scilly.
S. 119 not in force at Royal Assent, see s. 147(3)
S. 119 in force at 30.9.2022 by S.I. 2022/48, reg. 5(a)