Environmental Protection Act 1990

133 Special functions of Councils. E+W+S

(1) The Councils shall jointly have the following functions which may, however, be discharged only through the joint committee; and in this section the functions so dischargeable are referred to as “special functions”.

(2) The special functions of the Councils are—

(a) such of the functions previously discharged by the Nature Conservancy Council under the M1 Wildlife and Countryside Act 1981 as are assigned to the Councils jointly as special functions in accordance with the amendments to that Act effected by Schedule 9 to this Act;

(b) the provision of advice for the Secretary of State or any other Minister on the development and implementation of policies for or affecting nature conservation for Great Britain as a whole or nature conservation outside Great Britain;

(c) the provision of advice and the dissemination of knowledge to any persons about nature conservation for Great Britain as a whole or nature conservation outside Great Britain;

(d) the establishment of common standards throughout Great Britain for the monitoring of nature conservation and for research into nature conservation and the analysis of the resulting information;

(e) the commissioning or support (whether by financial means or otherwise) of research which in the opinion of the joint committee is relevant to any matter mentioned in paragraphs (a) to (d) above;

and section 132(2) above shall apply to the special functions as it applies to the functions conferred by subsection (1) of that section.

(3) The joint committee may give advice or information to any of the Councils on any matter arising in connection with the functions of that Council under section 132 above [F1 or, as the case may be, the nature conservation functions of Scottish Natural Heritage]which, in the opinion of the committee, concerns nature conservation for Great Britain as a whole or nature conservation outside Great Britain.

(4) For the purposes of this section, references to nature conservation for Great Britain as a whole are references to—

(a) any nature conservation matter of national or international importance or which otherwise affects the interests of Great Britain as a whole; or

(b) any nature conservation matter which arises throughout Great Britain and raises issues common to England, Scotland and Wales,

and it is immaterial for the purposes of paragraph (a) above that a matter arises only in relation to England, to Scotland or to Wales.

(5) The Secretary of State may, as respects any matter arising in connection with—

(a) any special function of the Councils, or

(b) the function of the joint committee under subsection (3) above,

give directions to any of the Councils requiring that Council (instead of the joint committee) to discharge that function in relation to that matter.

Textual Amendments

F1 Words in s. 133(3) inserted (1.4.1992) by Natural Heritage (Scotland) Act 1991 (c. 28, SIF 46:1), s. 4(4)(b); S.I. 1991/2633, art. 4

Modifications etc. (not altering text)

C1 S. 133 amended (1.4.1992) and extension of s. 133 to Scotland continued (1.4.1992) by Natural Heritage (Scotland) Act 1991 (c. 28, SIF 46:1), s. 4(4)(a); S.I. 1991/2633, art. 4

C2 S. 133 modified (E.) (1.1.2005) by The Common Agricultural Policy Single Payment and Support Schemes (Cross Compliance) (England) Regulations 2004 (S.I. 2004/3196), reg. 6(4) (as amended (30.4.2005) by The Common Agricultural Policy Single Payment and Support Schemes (Cross Compliance) (England) (Amendment) Regulations 2005 (S.I. 2005/918), reg. 2(d)) (both S.I. 2004/3196 and S.I. 2005/918 were revoked (12.1.2006) by S.I. 2005/3459, reg. 10)

C3 S. 133 modified (W.) (1.1.2005) by The Common Agricultural Policy Single Payment and Support Schemes (Cross Compliance) (Wales) Regulations 2004 (S.I. 2004/3280), reg. 6(5)

C4 S. 133 modified (E.) (12.1.2006) by The Common Agricultural Policy Single Payment and Support Schemes (Cross-compliance) (England) Regulations 2006 (S.I. 2005/3459), reg. 6(5)

Marginal Citations

M1 1981 c. 61.