Explanatory note

This Order makes provision in consequence of the Natural Resources Body for Wales (Functions) Order 2013 (“the Functions Order”).

The Natural Resources Body for Wales (Establishment) Order 2012 (“the Establishment Order”) established a new statutory body, the Natural Resources Body for Wales (“the Body”) and provided for its purpose, membership, procedure, financial governance and initial functions. The Functions Order made further provision about the Body, including provision about the modification and transfer of environmental functions to the Body. The general effect of the Functions Order was that Welsh devolved functions of the Environment Agency (“the Agency”) and the Forestry Commissioners (“the Commissioners”) were modified and transferred to the Body. The Functions Order also abolished the Countryside Council for Wales and transferred its functions to the Body.

The main purpose of this Order is to make provision: in relation to the membership, constitution, financial governance, and related functions of the Agency and the Commissioners in connection with the transfer of their Welsh devolved functions to the Body; in relation to charging arrangements involving the Agency and the Body; and in relation to the transfer of certain appeal functions from the Secretary of State to the Welsh Ministers.

Part 2 of the Order makes two minor amendments to the Public Bodies Act 2011, in order to facilitate the delegation by the Agency of any of its functions to the Body, and provides that the Commissioners may delegate certain of their functions to the Body.

Part 3 removes the Welsh Ministers’ functions in relation to the appointment of the Agency’s members, and removes the functions of the Welsh Ministers and the Auditor General for Wales in relation to the financial governance of the Agency.

Part 4 removes the requirement for the Commissioners to have a committee in relation to Wales, and removes the functions of the Welsh Ministers and the Auditor General for Wales in relation to the financial governance of the Commissioners.

Part 5 makes provision in relation to the Agency’s and the Body’s powers to make charging schemes. Articles 17 and 18 amend sections 41A and 42(3A) of the Environment Act 1995 (c. 25) to enable the Body to make charging schemes relating to the EU greenhouse gas emissions trading scheme. Articles 16 and 19 to 21 amend that Act to make provision about the powers of the Agency and the Body to make charging schemes which include provision in relation to each other’s expenditure. In particular, article 19 amends that Act to allow the Agency and the Body to make a single joint charging scheme prescribing charges for water abstraction and impounding licences, which may apply in relation to a combined scheme area that is partly in England and partly in Wales, where the Agency and the Body agree a single joint scheme is preferable to individual schemes for England and for Wales.

Part 6 amends the Waste Electrical and Electronic Equipment Regulations 2006 (S.I. 2006/3289) and the Producer Responsibility Obligations (Packaging Waste) Regulations 2007 (S.I. 2007/871), in order to transfer certain functions of hearing appeals against decisions of the Body under those Regulations from the Secretary of State to the Welsh Ministers.

Part 7 contains transitional and saving provisions. Articles 26 and 27 preserve the functions of the Welsh Ministers and the Auditor General for Wales relating to the financial governance of the Agency and the Commissioners in relation to the exercise of their Welsh devolved functions before the transfer of those functions to the Body. Article 28 contains a transitional provision in relation to the charging scheme that relates to water abstraction and impounding licences made by the Agency on an England and Wales basis before, and existing as at, the date of the transfer of its Welsh devolved functions to the Body.

Part 8 makes amendments to various enactments. Articles 29 amends the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) to remove provisions relating to functions under the Forestry Act 1967 and Environment Act 1995 which are no longer required as a result of this Order and the Functions Order. Articles 30 and 31 amend the Environment Act 1995 and the Establishment Order to insert definitions of “the catchment areas of the rivers Dee, Wye and Severn” that are in line with the definition of that expression used in this Order. Article 32 amends the Justification of Practices Involving Ionising Radiation Regulations 2004 to require that the Body is consulted, or served with notices, in certain cases.

The provisions of the Order (except for the provisions in Part 6 and article 32) have effect from 1st April 2013, which is the date on which the Functions Order comes into force. The power to make provision having retrospective effect is conferred by section 150(4) of the Government of Wales Act 2006 (c. 32).

An impact assessment has not been prepared for this Order as no costs to the business or voluntary sectors are foreseen.