Environment Act 2021

119 Responsible bodies E+W

(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—

  (a)

  the natural environment or natural resources of land,

  (b)

  places of archaeological, architectural, artistic, cultural or historic interest, or

  (c)

  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—

  (a)

  a county or district council in England;

  (b)

  a London borough council;

  (c)

  the Common Council of the City of London;

  (d)

  the Council of the Isles of Scilly.

Commencement Information

I1 S. 119 not in force at Royal Assent, see s. 147(3)

I2 S. 119 in force at 30.9.2022 by S.I. 2022/48, reg. 5(a)