The Regulatory Reform (Joint Nature Conservation Committee) Order 2005

JurisdictionUK Non-devolved
CitationSI 2005/634
Year2005

2005 No. 634

REGULATORY REFORM

ENVIRONMENTAL PROTECTION

The Regulatory Reform (Joint Nature Conservation Committee) Order 2005

Made 9th March 2005

Coming into force 31th March 2005

Whereas—

(a) the Secretary of State has consulted such organisations as appear to her to be representative of interests substantially affected by the proposals, the National Assembly for Wales and such other persons as she considered appropriate;

(b) following that consultation, the Secretary of State considered it appropriate to proceed with the making of this Order;

(c) a document containing the Secretary of State’s proposal was laid before Parliament as required by section 6 of the Regulatory Reform Act 20011and the period for Parliamentary consideration under section 8 of that Act has expired;

(d) the Secretary of State has had regard to the representations made during this period, in particular to the First Report of the Regulatory Reform Committee2and the Second Report of the Delegated Powers and Regulatory Reform Committee3;

(e) a draft of this Order was laid before Parliament with a statement giving details of such representations and Reports and of the changes to the Secretary of State’s proposals in the light of them;

(f) the draft was approved by a resolution of each House of Parliament;

(g) the Secretary of State is of the opinion that this Order does not remove any necessary protection or prevent any person from continuing to exercise any right or freedom which he might reasonably expect to continue to exercise;

(h) this Order creates burdens affecting persons in the carrying on of certain activities, and the Secretary of State is of the opinion that—

the provisions of this Order, taken as a whole, strike a fair balance between the public interest and the interest of the persons affected by the burdens being created, and

the extent to which this Order removes or reduces one or more burdens, or has other beneficial effects for persons affected by the burdens imposed by the existing law, makes it desirable for this Order to be made;

Now, therefore, the Secretary of State for Environment, Food and Rural Affairs, in exercise of the powers conferred by section 1 of the Regulatory Reform Act 2001, hereby makes the following Order:

S-1 Citation, commencement and extent

Citation, commencement and extent

1.—(1) This Order may be cited as the Regulatory Reform (Joint Nature Conservation Committee) Order 2005 and comes into force on 31st March 2005.

(2) This Order does not extend to Northern Ireland.

S-2 Amendments to the Environmental Protection Act 1990

Amendments to the Environmental Protection Act 1990

2. This Order amends the Environmental Protection Act 19904(“the 1990 Act”).

S-3 Grants by the Secretary of State

Grants by the Secretary of State

3. In section 129(1) (grants by Secretary of State), after “the Councils”, insert “and to the joint committee”.

S-4 Amendments to Schedule 7

Amendments to Schedule 7

4.—(1) Schedule 75(the Joint Nature Conservation Committee) is amended as follows.

(2) In paragraphs 5 and 6 (remuneration and allowances for members) for all references to “the councils” substitute “the committee”.

(3) In paragraph 7 (staff etc. and expenses)—

(a)

(a) in sub-paragraph (1) the words “such staff” to “facilities, and” are omitted;

(b)

(b) after sub-paragraph (1), insert—

S-1A

“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.

S-1B

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.

S-1C

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...

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