Natural Environment & Rural Communities Bill
Frequently Asked Questions
Bill Contents
Natural England (integrated agency)
- What is Natural England?
- Why is Natural England necessary?
- What regulatory powers will Natural England have?
- What extension of powers are you giving the existing bodies?
- How will Natural England fit in with existing bodies?
- How does it differ to the Environment Agency?
- Why does it not include the Forestry Commission?
- How will conflicts of interest within Natural England be handled?
- Where will Natural England be located?
Commission for Rural Communities
- What is the Commission for Rural Communities?
- How will the Commission for Rural Communities be different from its predecessor?
- Where will the Commission be located?
- What Countryside Agency functions transfer where and when?
Costs and benefits
Funding Powers
Powers of delegation
Levy Boards
Bill Contents
What's in the Bill?
The Bill includes measures to:
- create 'Natural England' (formerly referred to as the ‘integrated agency’) to provide an integrated approach to sustainable land management, enhancement and use of the natural environment;
- formally establish a new 'Commission for Rural Communities' (previously referred to as the New Countryside Agency) as a small expert adviser, advocate and watch-dog for rural communities, especially those suffering disadvantage;
- provide powers for the Secretary of State to fund directly activities within Defra's remit;
- make powers to delegate Environment, Food and Rural Affairs (EFRA) functions by mutual consent, in order to provide structural flexibility and limit duplication;
- create powers to take forward the findings of a forthcoming review of Levy Bodies; and
- update wildlife protection, SSSI and national park legislation.
The Bill also contains a number of lower profile but important measures designed to help streamline delivery and simplify the legislative framework.
Natural England
What is Natural England?
Natural England brings together English Nature, the Landscape, Access and Recreation division of the Countryside Agency and the Rural Development Service to conserve, enhance and manage the natural environment and to help people enjoy it.
Why is Natural England necessary?
Because we need a strong, independent and powerful environmental champion. We are facing significant and difficult environment challenges and pressures now and in the future - for example, the Government has made clear that climate change and declines in biodiversity are serious, important issues that we need to and intend to deal with - not just for now, but for our future generations.
We also want to improve the health and well being of the nation. We want people to reconnect with the environment, enjoy it, respect it and gain benefit from it.
What regulatory powers will Natural England have?
Natural England will inherit the regulatory powers of the constituent bodies - these are not being extended.
What extension of powers are you giving the existing bodies?
We have extended the general powers and functions of the individual bodies across Natural England's wider remit. The Bill includes a robust advisory role to public bodies, broad grant-giving powers and consolidated powers to enter into management agreements. In all these general powers we have sought to give as much flexibility and as little constraint as possible.
We are not changing the purposes of the individual regimes, such as Sites of Special Scientific Interest, Areas of Outstanding Natural Beauty, National Parks, National Nature Reserves etc.
How will Natural England fit in with existing bodies?
Natural England will need to work in close partnership with the Environment Agency and the Forestry Commission, joining forces, or allowing others to lead where this makes sense from the customer perspective and in terms of delivering outcomes most effectively and efficiently. It will also need to work in partnership with a wide range of other organisations in the private, public and voluntary sectors.
Merging the three sister organisations into one will help simplify who does what, creating a much more effective interface with land managers and partner organisations, and easier access to support. It will be easier for partners and stakeholders such as the Regional Development Agencies (RDAs), Government Offices (GOs) and local authorities, as well as individuals, to access a single source of advice, providing greater clarity and consistency.
Natural England will be able to engage more effectively with RDAs and GOs and influence the planning process at an early stage - particularly during regional spatial planning processes. It will be a strong environmental champion in this process, seeking environmental outcomes, and influencing developers and planners to produce outcomes which benefit the natural environment and outdoor recreation.
Natural England will need to work closely with a wide range of stakeholders and customers, including land-managers, to ensure that the support they give will be as effective and efficient as possible.
How does it differ to the Environment Agency?
Natural England's remit will cover not only land but also water, sea and air. As well as the countryside, it will address nature and people issues in urban and marine areas. The Environment Agency will continue to lead on environmental protection and improvement of soil, air and water.
The functions of Natural England and the Environment Agency are quite different. Natural England, while retaining its regulatory role around existing discrete regimes will achieve positive benefits for wildlife and access by, for example, giving land-managers advice and incentives. The Environment Agency, will continue to focus on environmental protection and improvement of soil, air and water.
However, we do expect the Agencies to work closely together, taking forward a more holistic approach to environmental, and land-management. In some cases, Natural England will be the lead body; in others it will be Environment Agency. We expect both agencies to work in a joined up way on shared objectives - for example, diffuse water pollution, diffuse air pollution.
Why does it not include the Forestry Commission?
Establishing Natural England by bringing together three existing organisations will be a major undertaking. Incorporating functions of the Forestry Commission - a body with responsibilities across Great Britain - would add a further level of complexity. However, the Forestry Commission is very much part of the Rural Strategy and will be working in partnership with the new agency.
How will conflicts of interest within Natural England be handled?
Natural England will create a better way for resolving any intrinsic tensions between issues within its responsibilities. If they arise in specific cases (for example between sensitive habitats and access), Natural England will have to work through the issues to resolve the conflict in a way that delivers the optimal outcome. If an issue proves difficult to settle, it will ultimately be for Natural England's Board to resolve it. This is no different from how it is done in Wales, for example.
Where will Natural England be located?
Natural England will have its headquarters in Sheffield with around 25 permanent staff. The vast majority will be based in local and regional centres close to the people and communities they serve and the national, regional and local bodies, with whom Natural England will work in partnership to make things happen.
Commission for Rural Communities
What is the Commission for Rural Communities?
The Commission for Rural Communities will be an expert adviser, advocate and watch-dog for rural communities, especially those suffering disadvantage.
How will the Commission for Rural Communities be different from its predecessor?
The Commission for Rural Communities will build upon the successes of the Countryside Agency and the Rural Advocate, but will be more closely focused on meeting its advisory, advocacy and watchdog functions for the benefit of rural people, communities and businesses, especially those suffering disadvantage, and based on the principles of sustainable development. These changes mean that it will fulfil a role that no other organisation can do.
Where will the Commission be located? When will a decision be made?
The Commission will be located in a ‘lagging’ rural area. A study is currently underway into the most appropriate location and a decision will be made later this year.
What Countryside Agency functions transfer where and when?
In April 2005, Defra assumed responsibility for all rural policy development. The Countryside Agency's rural regeneration work was transferred to RDAs. Resources to support the rural voluntary and community sector are now largely administered by the regional Government Offices.
Also, the Countryside Agency's environmental, landscape, access and recreational Division has come together with English Nature and the Rural Development Service, to create a confederation of partners under a common overarching vision and purpose.
The Commission for Rural Communities was established as a distinct body within the Countryside Agency's legal framework, on 9 March 2005. The aim is to formalise Natural England and changes to the Countryside Agency in law by 2007, subject to the parliamentary timetable for primary legislation.
Costs and benefits
How much money will these changes cost and how much will be saved?
The total financial cost of establishing Natural England and the Commission for Rural Communities (including Countryside Agency redundancies and relocation of the Commission) is estimated to be between £33 million and £48 million over the period 2004/05 and 2008/09. Whilst considerable one-off costs will be incurred up-front, annual efficiencies from Natural England and the Commission for Rural Communities are forecast to reach £11.3 million by 2007/08. Annual efficiencies from the overall programme (of which Natural England and the Commission for Rural Communities form a significant part) are forecast to reach £21 million a year by 2009/10. It is estimated that the change programme will pay for itself within two to three years of its conclusion in 2007, and deliver major savings beyond this period.
Funding Powers
Why does Defra and Natural England need such wide powers?
Funding is a crucial tool in achieving our policy objectives and yet currently we are constrained in how effectively we can use that tool. Defra's current funding powers are, mainly for historic reasons, very specific and limited (in some cases requiring secondary legislation to use) and in the social and economic sphere are vested in the Countryside Agency which will soon cease to exist in its current form. We also want Natural England to have the freedom to use funding how it thinks fit to fully enable it to achieve its general objective.
How far do these powers extend?
The powers are framed broadly enough to extend to any innovative forms of assistance that may be appropriate in the circumstances without bureaucratic barriers. This would extend not only to grants, loans and guarantees but also to preferential charges and the provision of goods or services, for example redundant or bulk-purchased IT equipment or training and advisory services. Funding will also be able to be given subject to conditions.
Delegation Powers
Why are existing powers not sufficient?
Because they depend largely on taking primary legislation which is often difficult to secure, or alternatively involves using burdensome and restrictive contracting-out processes.
What will be achieved by delegation?
It will enable functions to be carried out at any time by the delivery agent best able to meet customer needs efficiently.
Levy Boards
Why are the levy boards being reviewed?
Primary legislation for each of the Boards dates back 30 years or more (pre-CAP accession) and the agriculture and the food industries are changing rapidly. Lord Haskins, in his Rural Delivery Review commissioned by the Secretary of State, identified that the time was right for a fundamental review of the levy boards and their operation. In response the Government undertook to commission - with the Devolved Administrations - an independent review to report in 2005.
When will the review be completed?
The Review started on 15 March. We expect it to take around six months – and report in the autumn.
Page last modified:
6 April, 2006
Page published: 10 February, 2005