Corporate report

Natural England non-financial scheme of delegation

Updated 3 February 2023

Applies to England

Introduction

The Non-Financial Scheme of Delegation does not deal with any matter that has a financial implication or spend attached to it. For the delegated authorities relating to financial matters please refer to the Financial Scheme of Delegation. The Board has delegated certain functions to the Chief Executive. The Chief Executive has, in turn, delegated some of those functions to officers of Natural England as set out in this Scheme of Delegation. The Scheme of Delegation provides authority for officers to operate. The Board expect us to adhere to these delegations. The delegations may be reviewed and changed by the Board at any time.

Many of the decisions highlighted in the non-financial scheme of delegations are focused on regulatory activities. It is important that the decisions are taken at the right level, following appropriate consultation, in order to safeguard Natural England’s position in the event of a challenge, appeal or prosecution. The decision-maker will be accountable for the decision, and it is therefore extremely important that before committing Natural England they are comfortable with the decision they are making and are satisfied that it is reasonable in all the circumstances. Decision-makers need to bear in mind that when they make a decision they are doing so on behalf of Natural England and that the Board has ultimate responsibility for all decisions made by officers of Natural England. Where a decision relates to a novel, contentious or politically sensitive issue that carries significant legal or reputational risk for Natural England, the matter must be escalated via the management chain to the Board.

Before using the scheme, please ensure that you have read and understood the principles in the guidance to Natural England’s Scheme of Delegation. We expect to achieve a high standard of compliance with our governance arrangements in Natural England and it is important that you understand these principles and apply them consistently.

Navroza Ladha
Chief Officer Legal and Governance

Part 1: External reports and consultations

1.1 External reports

• Approval of Natural England’s external reports on issues of national importance, or of a significant or contentious nature - Chief Executive
• Approval of Natural England’s external reports on issues which are not of national importance in England - appropriate Chief Officer in consultation with appropriate Director
• Approval for publication of technical reports, annual performance reports and similar - appropriate Director

1.2 Consultations (for responses to planning consultations see Part 10)

S24(1) Wildlife and Countryside Act 1981

• Advice to Secretary of State on Schedules for animals and plants - Board
• Advice to Secretary of State on planning/development and other issues affecting the accomplishment of National Park and AONB purposes - Board
• Response to consultation from Secretary of State on order for AONB Conservation Board - Board
• Sign off any other advice or correspondence to Secretary of State - Chair
• Response to national consultations of national significance - appropriate Director
• Response - Formal written advice including consultation responses to statutory bodies of local significance - appropriate Area Manager
• Response to statutory consultations - regional or local significance - appropriate Adviser
• Natural England run External Consultation projects – Board

Part 2: Memoranda of Understanding (MoU)

Where this term is used it includes service level agreements, concordats and other similar style documents that are intended to reflect a partnering/working arrangement rather than a contractual obligation which is enforceable. In the majority of cases there will be no monetary consideration when a MoU is created.

If the MoU has financial implications, then the limits in Part D of the Financial Scheme of Delegation will apply.

2.1 Non-legally binding agreements, for example MoUs, concordats

1. Approval of written high level, non-legally binding arrangements with public sector bodies or not for profit organisations which relate to the whole of Natural England involving significant impact on Natural England’s reputation:

   a. for more than 3 years - Chief Executive in consultation with Chair
   b. for 3 years or less - Chief Executive
   c. for 1 year or less - appropriate Chief Officer

2. Approval of MoUs that are cross boundary in geographical or functional terms - appropriate Chief Officer

3. Approval of MoUs of regional or local importance or less significant impact:

   a. MoUs for 3 years or less - appropriate Director or Area Manager
   b. MoUs for 1 year or less - appropriate Area Manager

4. Approval of MoUs which relate only to a specific project:

   a. National Implications - appropriate Principal Adviser
   b. Area Implications - appropriate Principal Adviser

5. Approval of MoU to define a Heritage Coast:

   a. approval of a recommendation to proceed with assessing a proposal for the definition of a new, or extension of an existing, Heritage Coast - appropriate Chief Officer
   b. approval of a recommendation to define a new or extended Heritage Coast including detailed boundary - appropriate Chief Officer
   c. approval and signature of a Memorandum of Agreement between Natural England and Local Authorities to define a new or extend an existing defined Heritage Coast - appropriate Chief Officer

2.2 Legally binding agreements, for example service level agreements or some partnership agreements, where there is no financial commitment

1. Approval of written high level legally binding agreements with public sector bodies or not for profit organisations which relate to the whole of Natural England involving significant impact on Natural England’s reputation:

   a. for more than 3 years - Board
   b. for 3 years or less - Chief Executive in consultation with Chair
   c. for 1 year or less - appropriate Chief Officer in consultation with Chief Officer Legal and Governance

2. Approval of agreements that are cross boundary in geographical or functional terms - appropriate Chief Officer in consultation with Chief Officer Legal and Governance

3. Approval of agreements of regional or local importance or less significant impact:

   a. agreements for more than 1 year - appropriate Director or Area Manager in consultation with Chief Officer Legal and Governance
   b. agreements for 1 year or less appropriate Area Manager in consultation with Principal Adviser, Legal

4. Approval of agreements which relate only to a specific project - appropriate Area Manager / Principal Adviser in consultation with Principal Adviser, Legal

5. Approval of data sharing agreements - appropriate Area Manager / Principal Adviser in consultation with Principal Adviser, Legal

2.3 Licences (where there is no financial consideration)

For these purposes:

1. Commercial means: where there is a direct or indirect generation of income by a third party resulting from their use of licensed intellectual property (IP)
2. Commercial organisations means: any party that is not a public sector body or a not-for-profit organisation

Note: The supply or acquisition of data when part of a contract with a financial consideration is dealt with under Part E of the FSoD

1. Licences with third parties for the acquisition of data - Specified Officer in consultation with Principal Adviser Legal

2. Granting licences for the use of Natural England data

   a. non-royalty bearing standard Natural England IP licences - Specified Officer b. royalty bearing standard Natural England IP licences - Specified Officer in consultation with appropriate Team Manager and Principal Adviser Legal

   • Non-standard licences (whether bearing royalties or not) - Principal Adviser Legal
     
     

3. Approval of IP licences that enable the use of a Natural England logo, brand, or trademark

   a. for commercial organisations or for commercial use by any party - appropriate Director in consultation with Head of Legal Services
   b. for non-commercial use by public sector bodies or not for profit organisations - appropriate Senior Adviser

4. Disputes approving the handling, and terms, of any settlement arising from

a) the infringement, or alleged infringement, of Natural England’s intellectual property rights,

or

b) the infringement, or alleged infringement off a third party’s intellectual property rights by Natural England - appropriate Director in consultation with Head of Legal Services

Part 3: Sites of special scientific interest (SSSIs)

3.1 Notification and confirmation

3.1.1 Notification and confirmation of new SSSI

To notify land by special interest by reason of its flora, fauna geological or physiographical features

Legislation: Section 28 of the Wildlife & Countryside Act 1981 as substituted by Schedule 9 to the Countryside & Rights of Way Act 2000

A. s.28(1) - approval to notify land of special interest by reason of its flora, fauna, geological or physiographical features - Chief Executive in consultation with appropriate Chief Officer, appropriate Director and the Chief Scientist

B. s.28(1) - approval, in emergency circumstances, to notify land of special interest by reason of its flora, fauna, geological or physiographical features - Chair in consultation with Chief Executive

C. s.28(1)(a) (b) & (c) - give notice to local planning authority, every owner or occupier of that land and Secretary of State subject to approval in s.3.1.1A or B - appropriate Adviser

D. s.28(2) - publish notification in at least one local newspaper circulating in the area in which the land is situated, subject to approval in s.3.1.1A or B - appropriate Adviser

E. s.28(5)(a) - approval to withdraw the notification – Board

F. s.28(5)(a) - give notice withdrawing the notification, subject to approval in s. 3.1.1E - appropriate Adviser

G. s.28(5)(b) - approval to confirm the notification with or without modifications where there are no outstanding objections or representations (that is, where no representations or objections made, where representations or objections withdrawn or resolved) - appropriate Director

H. s.28(5)(b) - approval to confirm the notification with or without modifications where representations or objections are unresolved - Board

I. s.28(5)(b) - give notice confirming the notification with or without modification to all those notified, subject to approval in s.3.1.1G or H (see s.3.1.6 for subtidal land) - appropriate Adviser

J. Serving notice of SSSI Notifications on EA, IDBs & Water companies under relevant Acts - appropriate Adviser

K. s.28(9) - notification of a local land charge for the purposes of registering SSSI as a local land charge. Subject to approval in s.3.1.1A, B, E, G or H - appropriate Adviser

3.1.2 Variation of existing SSSI notification

To vary an SSSI notification

Legislation: Section 28A of the Wildlife and Countryside Act inserted by Schedule 9 of the Countryside & Rights of Way Act 2000

A. s.28A(1) - approval to vary an existing SSSI notification - Chief Executive in consultation with appropriate Chief Officer, appropriate Director, and the Chief Scientist

B. s.28A(1) - approval, in emergency circumstances, to vary an existing SSSI notification - Chair in consultation with Chief Executive

C. s.28A(3)(a), (b), (c) - give notice of variation to local planning authority, every owner or occupier of any of the land affected by the variation and Secretary of State subject to approval in .3.1.2A or B - appropriate Adviser

D. s.28A(5)(a) - approval to withdraw the variation – Board

E. s.28A(5)(a) - give notice withdrawing the variation subject to approval in s.3.1.2D - appropriate Adviser

F. s.28A(5)(b) - approval to confirm the variation notification with or without modifications where there are no outstanding objections or representations (i.e., where no representations or objections made, where representations or objections withdrawn or resolved) - appropriate Director

G. s.28A(5)(b) - approval to confirm the variation with or without modifications where representations or objections are unresolved - Board

H. s.28A(5)(b) - give notice confirming the variation with or without modifications subject to approval in s.3.1.2F or G - appropriate Adviser

I. s.28A(8) - notification to local land charge office for purposes of varying existing local land charge, subject to approval in s. 3.1.2A, B, D, F or G - appropriate Adviser

3.1.3 Notification and confirmation of additional land

To add land to an existing SSSI

Legislation: Section 28B of the Wildlife and Countryside Act inserted by Schedule 9 of the Countryside & Rights of Way Act 2000

A. s.28B(1) - approval to notify extra land adjacent to an existing SSSI notification - Chief Executive in consultation with appropriate Chief Officer, appropriate Director, and the Chief Scientist

B. s.28B(1) - approval, in emergency circumstances, to notify extra land adjacent to an existing SSSI Notification - Chair in consultation with Chief Executive

C. s.28B(2)(a), (b), (c) - give notice of notification to local planning authority, every owner or occupier of any of the extra land and Secretary of State subject to approval in s.3.1.3 A or B - appropriate Adviser

D. s.28B(4) - publish notification in at least one local newspaper circulating in the area in which the land is situated, subject to approval in s. 3.1.3A or B - appropriate Adviser

E. s.28B(7) - approval to withdraw the notification of the extra land - Board

F. s.28B(7) - give notice withdrawing the notification of the extra land, subject to approval in s.3.1.3E - appropriate Adviser

G. s.28B(7) - approval to confirm the notification of the extra land with or without modifications where there are no outstanding objections or representations (that is, where no representations or objections made, where representations or objections withdrawn or resolved) - appropriate Director

H. s.28B(7) - approval to confirm the notification of the extra land with or without modifications where representations or objections are unresolved - Board

I. s.28B(7) - give notice confirming the notification of the extra land with or without modifications, subject to approval in s.3.1.3G or H (see s.3.1.6 for subtidal land) - appropriate Adviser

J. s.28B(10) notification to local land charge office for purposes of registering additional land as a local land charge, subject to approval in s. 3.1.3A, B, E, G or H - appropriate Adviser

3.1.4 Notification and confirmation of enlargement of SSSI

To enlarge an existing SSSI

Legislation: Section 28C of the Wildlife and Countryside Act inserted by Schedule 9 of the Countryside and Rights of Way Act 2000

A. s.28C(1) - approval to notify enlargement of an existing SSSI (Site of Special Scientific Interest) notification - Chief Executive in consultation with appropriate Chief Officer, appropriate Director, and the Chief Scientist

B. s.28C(1) - approval, in emergency circumstances, to notify an enlargement to an existing SSSI notification - Chair in consultation with Chief Executive

C. s.28C(2) - give notice to local planning authority, every owner or occupier of the enlarged SSSI and Secretary of State subject to approval in s.3.1.4A or B - appropriate Adviser

D. s.28C(3) - publish notification in at least one local newspaper circulating in the area in which the land is situated, subject to approval in s. 3.1.4A or B - appropriate Adviser

E. s.28C(3) - approval to withdraw the notification of the enlarged SSSI - Board

F. s.28C(3) - give notice withdrawing the notification of the enlarged SSSI, subject to the approval in s. 3.1.4E - appropriate Adviser

G. s.28C(3) - approval to confirm the notification of the enlarged SSSI with or without modifications where there are no outstanding objections or representations (that is, where no representations or objections made, where representations or objections withdrawn or resolved) - appropriate Director

H. s.28C(3) - approval to confirm the notification of the enlarged SSSI with or without modifications where representations or objections are unresolved - Board

I. s.28C(3) - give notice confirming the notification of the enlarged SSSI with or without modifications, subject to the approval in s.3.1.4 G or H (see s.3.1.6 for subtidal land) - appropriate Adviser

J. s.28C(6) - notification to local land charge office for purposes of registering SSSI as a local land charge and discharging local land charge that existed by virtue of s.28(9), subject to approval in s.3.1.4 A, B, E, G or H - appropriate Adviser

3.1.5 Denotification

To denotify all or part of an SSSI

Legislation: Section 28D of the Wildlife and Countryside Act inserted by Schedule 9 of the Countryside & Rights of Way Act 2000

A. s.28D(1) - approval to propose denotification of all or part of a SSSI - Chief Executive in consultation with appropriate Chief Officer, appropriate Director, and the Chief Scientist

B. s.28D(2)(a), (b), (c), (d), (e) - give notice of proposed denotification to local planning authority, every owner or occupier of the land, the Secretary of State, the Environment Agency, every relevant undertaker (within the meaning of section 4(1) of the Water Industry Act 1991) and internal drainage board (within the meaning of s. 61C of the Land Drainage Act 1991) subject to approval in s.3.1.5A - appropriate Adviser

C. s.28D(3) - publish denotification proposal in at least one local newspaper circulating in the area in which the land is situated, subject to approval in s.3.1.5A - appropriate Adviser

D. s.28D(5)(a) - approval to withdraw the denotification proposal - Board

E. s.28D(5)(a) - give notice withdrawing the denotification proposal, subject to approval in Sec 3.1.5D - appropriate Adviser

F. s.28D(5)(b) - approval to confirm the denotification with or without modifications where there are no outstanding objections or representations (i.e., where no representations or objections made, where representations or objections withdrawn or resolved) - appropriate Director

G. s.28D(5)(b) - approval to confirm the denotification with or without modifications where representations or objections are unresolved - Board

H. s.28D(5)(b) - give notice confirming denotification, subject to approval in s.3.1.5F or G - appropriate Adviser

I. s.28D(7) - notification to local land charge office for the purpose of discharging a local land charge that existed by virtue of s.28(9), subject to approval in s.3.1.5F or G - appropriate Adviser

3.1.6 Subtidal SSSI notification

Confirmation of SSSI notification of subtidal land

Legislation: Section 28CB of the Wildlife and Countryside Act inserted by Schedule 13 of the Marine & Coastal Access Act 2009

A. s.28CB (2) - approval to give notice to the Secretary of State of the intention to confirm the notification of subtidal land as a SSSI under S.28(5)(b), where there are no outstanding objections or representations (i.e., where no representations or objections made, where representations or objections withdrawn or resolved) - appropriate Director

B. s.28CB (2) - approval to give notice to the Secretary of State of the intention to confirm the notification of subtidal land as a SSSI under S.28(5)(b), where representations or objections are unresolved - Board

C. s.28CB (2) - give notice to the Secretary of State of the intention to confirm the notification of subtidal land, subject to approval in s.3.1.6A or B - appropriate Adviser

D. s.28CB (2), (3), (4), (5), (6) - give notice confirming (with or without modification) or withdrawing the notification of subtidal land, subject to the relevant approval in s.3.1.1, 3.1.3 or 3.1.4; and either:

i) no notice having been received under S.28CB (3) from the Secretary of State within 21 days of the notice referred to in s.3.1.6C; or
ii) in accordance with a direction given under S.28CB (5) by the Secretary of State - appropriate Adviser

3.2 Notice, consent, appeals and payments

3.2.1 Notice and consent

In response to a notice given under s.28E from an owner or occupier

Legislation: Section 28E of the Wildlife and Countryside Act 1981 as substituted by Schedule 9 to the Countryside and Rights of Way Act 2000

A. s.28E(3)(a) - approval and issue consent without conditions - appropriate Adviser

B. s.28E(4) - approval and issue consent with conditions - appropriate Team Leader in consultation with appropriate Senior Adviser (National Protected Sites Team) and Principal Adviser Legal Services

C. s.28E(5) - approval and issue of refusal of consent - appropriate Team Leader in consultation with appropriate Senior Adviser (National Protected Sites Team) and Principal Adviser Legal Services

D. s.28E(6)(a) - approval of withdrawal of consent - appropriate Area Manager in consultation with appropriate Director and Principal Adviser Legal Services

E. s.28E(6)(b) - approval of modification of consent - appropriate Area Manager in consultation with appropriate Director and Principal Adviser Legal

3.2.2 Appeals in connection to consents related to SSSIs

A person may appeal to the Secretary of State against Natural England’s decision

Legislation: Section 28F of the Wildlife and Countryside Act 1981 as substituted by Schedule 9 to the Countryside and Rights of Way Act 2000

A. s.28F(3) - approval to extend appeal deadline - appropriate Senior Adviser (Enforcement and Appeals Team) in consultation with Principal Adviser Legal Services

B. Approval of Statement of Case - appropriate Senior Adviser (Enforcement and Appeals team) in consultation with Principal Adviser Legal Services

3.2.3 Payments

Make payment to any owner or occupier who suffers loss as a result of modification or withdrawal of consent under s.28E (6)

Legislation: Section 28M of the Wildlife and Countryside Act 1981 as substituted by Schedule 9 to the Countryside and Rights of Way Act 2000

A. s.28M(1) - approval to make payment to any owner or occupier of the land who suffers loss because of the modification or withdrawal of a consent (In accordance with Ministerial Guidance ‘Guidelines on Management Agreement Payments and Other Related Matters’ DETR 2001). For approval of any amount of compensation please see the FSoD - Board

B. s.28M(1) - offer payment - appropriate Adviser after sign off by the Board

3.3 Notice, assent and advice to statutory undertakers, public bodies, etc

3.3.1 Notice and assent to statutory undertakers, public bodies, etc

In response to a notice given by a statutory undertaker, public bodies etc. under s.28H (1)

Legislation: Section 28H of the Wildlife and Countryside Act 1981 as substituted by Schedule 9 to the Countryside and Rights of Way Act 2000

• A. s.28H(3)(a) - approval to not assent and to give notice to not assent - appropriate Team Leader in consultation with appropriate Senior Area Team Adviser Protected Sites
• B. s.28H(3)(b) - approval to assent with or without conditions and give notice of assent - appropriate Adviser

3.3.2 Notice and advice to statutory undertakers, local authorities and other public bodies, etc

In response to a notice given by a statutory undertaker or public body in relation to authorising operations under s.28I

Legislation: Section 28I of the Wildlife and Countryside Act 1981 as substituted by Schedule 9 to the Countryside and Rights of Way Act 2000 and as amended by section 55 of the Natural Environment and Rural Communities Act 2006

A. s.28I(5) - advise of certain conditions - appropriate Adviser

B. s.28I(5) - advise against permitting operations - appropriate Team Leader in consultation with appropriate Senior Area Team Adviser Protected Sites

C. s.28I(5) - advice to the SoS on controlling burning of vegetation on protected sites - appropriate Senior Area Team Adviser Protected Sites in consultation with Principal Adviser Uplands and Principal Adviser Legal Services

Where non-statutory informal advice is offered to Defra about licence applications under the Heather and Grass etc Burning (England) 2021 Regulations, this should be treated in the same way as formal advice in the Scheme of Delegation

3.4 Section 28J Management schemes

Legislation: Section 28J of the Wildlife and Countryside Act 1981 as substituted by Schedule 9 to the Countryside and Rights of Way Act 2000

A s.28J(3) - approval to serve a management scheme - appropriate Area Manager in consultation with Senior Adviser (National Protected Sites Team) and Principal Adviser Legal Services.

B s.28J(3) - Serve notice of management scheme on relevant owners and occupiers - appropriate Adviser

C s.28J(8)(a) - approval to withdraw a management scheme - appropriate Area Manager

D s.28J(8)(a) - give notice to relevant owners and occupiers withdrawing the management scheme - appropriate Adviser

E s.28J(8)(b) - approval to confirm the management scheme with or without modifications where there are no outstanding objections or representations (i.e. where no representations or objections made, where representations or objections withdrawn or resolved) - appropriate Area Manager

F s.28J(8)(b) - approval to confirm the Management Scheme with or without modifications where there are representations or objections which are unresolved - appropriate Area Manager

G s.28J(8)(b) - give notice to relevant owners and occupiers confirming management scheme with or without modifications - appropriate Adviser

H s.28J(11) - approval to cancel or modify a management scheme - appropriate Area Manager

I s.28J(11) - give notice to relevant owners and occupiers cancelling or modifying a management scheme - appropriate Adviser

3.5 Management notices

To serve a management notice (requiring works) if the owner or occupier is not giving effect to a management scheme and SSSI features are being inadequately restored

Legislation: Section 28K of the Wildlife and Countryside Act 1981 as substituted by Schedule 9 to the Countryside and Rights of Way Act 2000

A s.28K(1) - approval to serve a management notice - appropriate Area Manager in consultation with appropriate Senior Adviser (national Protected Sites Team) and Principal Adviser Legal Services

B s.28K(1) - Serve notice of a management notice on relevant owner or occupier - appropriate Adviser

C s.28K(6) - Serve notice of a management notice on every other or occupier of that land - appropriate Adviser

D s.28K(7)(a) - approval to enter land, and any other land, and carry out the work. - appropriate Area Manager in consultation with Principal Adviser, Legal Services

E s.28K(7)(b) - approval to recover from the owner or occupier upon whom the notice was served any expenses reasonably incurred in carrying out the work. - appropriate Area Manager in consultation with Principal Adviser, Legal Services.

Legislation: Section 28L of the Wildlife and Countryside Act 1981 as substituted by Schedule 9 to the Countryside and Rights of Way Act 2000

A - Approval to extend appeal deadline to Secretary of State - appropriate Team Leader in consultation with Principal Adviser Legal Services and Appeals Senior Adviser (Enforcement and Appeals team)

B - Approval of Statement of Case - Appeals Senior Adviser (Enforcement and Appeals Team) in consultation with Principal Adviser Legal Services

3.6 Enforcement

Commence criminal proceedings for an offence

Legislation: Section 28P of the Wildlife and Countryside Act 1981 as substituted by Schedule 9 to the Countryside and Rights of Way Act 2000 and as amended by section 55 of the Natural Environment and Rural Communities Act 2006 and section 51 of the Environmental Civil Sanctions (England) Order 2010

A - s.28P, s.28S & s.51(4) - Not set out in Acts, but adopted as appropriate enforcement action to determine appropriate enforcement response

• Issue warning letters – appropriate Adviser
• Approval to commence formal investigation - Enforcement Principal Adviser (Enforcement and Appeals team) in consultation with Head of Legal Services

B s.28P, s.28S & s.51(4) - approval to accept an Enforcement Undertaking - appropriate Area Manager in consultation with Principal Solicitor Legal Services and appropriate Enforcement Senior Adviser (Enforcement and Appeals team)

C s.28P, s.28S & s.51(4) - approval to serve, amend or withdraw a civil sanction: Fixed Monetary Penalty, Variable Monetary Penalty, Restoration Notice, Compliance Notice or Stop Notice - appropriate Area Manager in consultation with Head of Legal Services and appropriate Enforcement Senior Adviser (Enforcement and Appeals team)

D s.28P, s.28S & s.51(4) - approval to serve a Non-Compliance Penalty Notice where a civil sanction has not been complied with - appropriate Area Manager in consultation with Head of Legal Services and appropriate Enforcement Senior Adviser (Enforcement and Appeals team)

E s.28P, s.28S & s.51(4) - approval to recover costs of imposing a civil sanction via a cost recovery notice - appropriate Area Manager in consultation with Head of Legal Services and appropriate Enforcement Senior Adviser (Enforcement and Appeals team)

F s.28P, s.28S & s.51(4) - approval to proceed with a prosecution or caution - appropriate Area Manager in consultation with Head of Legal Services

G s.28P, s.28S & s.51(4) - approval to serve an injunction or possession order - appropriate Area Manager in consultation with Head of Legal Services

Natural Environment and Rural Communities (NERC) Act 2006

• s.12(2) NERC Act - approval to authorise a person to prosecute on behalf of Natural England in proceedings before a magistrate’s court - Director in consultation with Head of Legal Services

3.7 Notices and signs

To put up and maintain notices and signs within an SSSI and take them down

Legislation: Section 28S of the Wildlife and Countryside Act 1981 as substituted by Schedule 9 to the Countryside and Rights of Way Act 2000 and as amended by section 58 of the Natural Environment and Rural Communities Act 2006

A s.28S(1) - approval to put up and maintain a notice or sign - appropriate Adviser

B s.28S(2) - approval to remove any notice or sign put up under s.28S(1) - appropriate Adviser

3.8 Restoration order

Restoration order following offence under section 28P of the Wildlife and Countryside Act 1981 as substituted by Schedule 9 to the Countryside and Rights of Way Act 2000 and as amended by section 55 of the Natural Environment and Rural Communities Act 2006

Legislation: Section 31 of the Wildlife and Countryside Act 1981 as substituted by Schedule 9 to the Countryside and Rights of Way Act 2000 and as amended by section 55 of the Natural Environment and Rural Communities Act 2006

A - s.31 - approval to apply for a Restoration Order - appropriate Area Manager in consultation with Ecological Specialist and Head of Legal Services

B - s.31 - approval to enter land and carry out operations and recover money where non-compliance with a restoration order under s.31 - appropriate Area Manager in consultation with Head of Legal Services

3.9 Powers of entry

Powers of entry for authorised persons in connection with various SSSI matters

Legislation: Section 51 of the Wildlife & Countryside Act 1981 as substituted by Section 80 to the Countryside & Rights of Way Act 2000 and section 58 of the Natural Environment and Rural Communities Act 2006

A s.51 - Authorisation to enter land for purposes set out in subsections (a)-(d) and (f)-(m) - appropriate Team Leader

B s.51(e) - Authorisation to enter land to ascertain whether an offence has been committed - appropriate Adviser

C s.51(4) - Commence proceedings for an offence of obstruction - appropriate Area Manager in consultation with Head of Legal Services

D s.51(5) - approval to compensate in certain circumstances in respect of the use of s.51 powers - appropriate Area Manager in consultation with Head of Legal Services

3.10 Service of certain notices

Effect of failure to serve certain notices in connection with SSSIs

Legislation: Section 70B of the Wildlife & Countryside Act 1981 as substituted by Section 80 to the Countryside & Rights of Way Act 2000 and section 57 & 58 of the Natural Environment and Rural Communities Act 2006

A - s.70B(5) - approval to service notice on an owner or occupier - appropriate Adviser

B - s.70B(5) - Serve copy of SSSI notification on relevant owner or occupier - appropriate Adviser

3.11 Stop notice and payments

Notice to protect SSSI from operation given under section 28(5)(a) of Wildlife and Countryside Act 1981 (as amended) (pre-Countryside and Rights of Way Act 2000)

Legislation: Wildlife and Countryside Act 1981 as substituted by Schedule 11 to the Countryside and Rights of Way Act 2000

A - Sch11 Para.9(3) - approval to serve a Stop Notice - appropriate Area Manager in consultation with Head of Legal Services

B - Para.9(8) - approval to make payment to any owner or occupier of the land who suffers loss because of the Stop Notice (In accordance with Ministerial Guidance ‘Guidelines on Management Agreement Payments and Other Related Matters’ DETR 2001) - appropriate Area Manager in consultation with Head of Legal Services

C - Para.9(12)(1) - approval to vary a Stop Notice - appropriate Area Manager in consultation with Head of Legal Services

3.12 Byelaws on SSSIs

Legislation: Countryside and Rights of Way Act 2000

• Sch 9 - Making byelaws to protect SSSIs – Board

Part 4: Signing of all deeds and agreements under seal

Signing deeds (agreements under Seal) for any management agreement or associated documents, including reviews.

• Signing deeds and any other agreements, or documents, for example EU funding bids, under seal - Chief Officer Legal and Governance or under Delegated Authority to Head of Legal Services
• If novel or contentious - Chair in consultation with Chief Officer Legal and Governance

Part 5: Signing novation agreements

For signing novation agreements see Part E of the Financial Scheme of Delegation.

If any novation agreement requires the signature to be under seal then Part 4 of the NFSoD above will apply.

Part 6: National Nature Reserves

s35(1) Wildlife & Countryside Act 1981

• Acquisition and declaration of a whole new Natural England NNR; - Board
• Declaration of a new Approved Body NNR - Board
• De-declaration of a whole NNR on a permanent basis - Board
• Acquisition and declaration of an extension to, or permanent de-declaration of part of, an existing NNR - appropriate Director in consultation with Director of Operations
• De-declaration of whole or part NNR were followed by re-declaration (for instance to enable the transfer of management between NE and an existing Approved Body) - appropriate Director in consultation with Director of Operations
• Approval of a body to hold an existing NNR - Chief Executive
• Approval of a body to hold a new NNR - Board

s35(3) Wildlife & Countryside Act 1981

• Making or revoking byelaws - appropriate Director in consultation with Head of Legal Services

S35(5) Wildlife & Countryside Act 1981

• Approval of a body to hold a NNR - Chief Executive
• Submit applications and representations seeking to restrict access by direction on held CROW access land (subject to the same processes and consideration by Relevant Authorities as all non-application directions) - appropriate Manager

See Part 13

• Injunction to secure access/prevent illegal access - appropriate Director in consultation with Chief Officer Legal and Governance
• (Exceptionally) Use of discretionary restrictions under CROW s.22 or s.23 on open access land that we own or occupy - appropriate Manager in consultation with Access Principal Specialist

Part 7: Habitats regulations

Legislation: The Conservation of Habitats and Species Regulations 2017 (as amended)

• Reg.18(3) - Keep copies of the register of European sites for public inspection - appropriate Team Manager
• Reg.19 - Notification that a European site has been added to, or removed from, the register - appropriate Adviser
• Reg.20 - Entering management agreements with owners and occupiers in respect of European sites - Follow authority levels as for s7 agreements see Part 16
• Reg.23(2) - Power to change SSSI notifications (citation and use of operations likely to damage) to meet the requirements of the Habitats Directive and Wild Birds Directive - As Part 3.1.2 (Variation of existing SSSI notification)
• Reg.24 -
• Screening for and making appropriate assessment of s28E SSSI notices - appropriate Adviser
• Approve appropriate assessment of SSSI notices where the case is assessed as high risk - appropriate Team Leader in consultation with either an appropriate Senior Area Team Adviser or Senior Adviser (National Protected Sites Team)
• Reg.25 - Duty to review existing consents (i.e., affirm, modify or withdraw consents as a result of Habitats Regulation Assessment) - appropriate Director in consultation with Principal Protected and Principal Adviser Legal Services
• Reg.27 - Power to request Secretary of State to make special nature conservation order (SNCO) - Chair
• Reg.28(1) - Power to serve a stop notice relating to SNCO - appropriate Director in consultation with Principal Adviser Legal
• Reg.28(8) - Authority to commence prosecution proceedings for breach of an SNCO - As per Part 3.6.1
• Reg.30 - Compensation for effect of order - appropriate Director
• Reg.31 - Commencing proceedings for failing to comply with a restoration order - As Part 3.8 (Restoration Order)
• Reg. 32 - Power to make European Site byelaw i.e., to approve a recommendation of byelaw confirmation to the Secretary of State – Board
• Reg.34 - Compensation for effect of byelaws - appropriate Director
• Reg.35/37 (3) - Advising the relevant authority as to the conservation objectives of a European Marine Site and any operation that may cause deterioration or disturbance to the habitats or species therein - appropriate Manager / National Marine Principal Specialist / Principal Adviser
• Reg.37 - approval of installation of markers - appropriate Senior Specialist†/ Senior Adviser
• Reg.38 - Management schemes for European marine site - appropriate Team Leader / Senior Adviser Marine
• Reg. 63 (1) - Advising on screening Likely Significant Effect (LSE) and necessity for management tests from another Competent Authority - appropriate Adviser
• Screening for and making an appropriate assessment of plans or projects where Natural England is the competent authority - appropriate Adviser
• Approve appropriate assessment of plans or projects where Natural England is the competent authority, and the case is assessed as high risk - appropriate Team Leader / Senior Adviser / Casework Manager
• Reg.63 (3†) - Advising on an appropriate Assessment of a plan or project from another Competent Authority where the case is assessed as high risk - appropriate Team Leader / Senior Adviser / Casework Manager
• Reg. 65 - Decision to review Natural England’s existing consents - appropriate Director/Area Manager as appropriate
• Reg.76 - GDO: opinion of appropriate nature conservation body on relevant effect (i.e., Likely Significant Effect) - appropriate Adviser
• Reg.117/123 - Powers to authorise entry (SNCO etc.) - appropriate Director or Area Manager
• Reg.117/123 - Powers of entry (surveying land for value. etc.) - appropriate Director or Area Manager
• Reg.117 - Powers of entry (surveying land in connection with compulsory acquisition. etc.) - appropriate Director or Area Manager
• Reg 105 (1) - Advising on screening likely significant effect (LSE) - appropriate Adviser
• Reg 105 (2) - Advising on an appropriate assessment from another competent authority - appropriate Adviser
• Reg 106 (2) - Advising on an appropriate assessment from another competent authority where Natural England’s advice is contrary to that of the authority’s - appropriate Team Leader / Senior Adviser / Casework Manager in conjunction with the appropriate Principal Specialist / Adviser

Not set out in Acts but adopted as an appropriate response to technical and minor breaches

• Warning letters following technical and minor breaches of regulations - appropriate Adviser

Part 8: Compulsory purchase

• s103 National Parks and Access to the Countryside Act 1949 - approval for compulsory purchase - Board
• s108 National Parks and Access to the Countryside Act 1949 - Authorisation of Power of Entry for survey in connection with a Compulsory Purchase Order - appropriate Director or Area Manager

Part 9: Commons

S46 Powers relating to unauthorised agricultural activities

The Secretary of State delegated these powers to Natural England in 2009. Defra has published guidance (PDF, 65.3KB, 2 pages) to Natural England on the appropriate use of its powers. These are powers of last resort, where Natural England has other powers, such as for the protection of SSSIs (Site of Special Scientific Interest) these would be used in preference to powers under s46 Commons Act.

• S46 (2) of the Commons Act 2006 - Decision to serve notice - appropriate Director or Area manager in consultation with Head of Legal Services
• S46 (7) a of the Commons Act 2006 - Application to the county court - appropriate Director or Area manager in consultation with Head of legal Services

S41 Enforcement

These are powers available to any person, and currently no national agency or local authority has a specific responsibility regarding enforcement. It is proposed that we should consider using these powers in 2 specific situations:

a. Where the land concerned is registered for payments and where Natural England has supported improvements to land management practices, but these are not being carried out with consent or in accordance with consent obtained. An example of this is where a landowner with an HLS (Higher Level Stewardship) agreement locks gates onto a common, or erects fencing incorrectly, and ignores our requests to rectify matters.

b. Where the common is of high recreational value to a local community but where local community leaders are involved in the illegal works

• S41 (1) of the Commons Act 2006 - application to the county court - appropriate Director or Area manager in consultation with Head of Legal Services

Part 10: Land use planning and marine planning and licensing

a. The level of casework risk is defined within the following documents: risk escalation procedure in Natural England, and casework quality assurance documents.

b. Where individual cases involve the Conservation of Habitats and Species Regulations 2017 (as amended) (specifically Regulations 63, 65 & 76) or notice and advice on SSSI reference must be made to the appropriate delegations shown the Conservation of Habitats and Species Regulations 2017 (as amended) (part 7) or SSSI (Part 3) pages. Where the levels of delegations differ, the higher of the two must be adhered to.

General provisions - (land use planning)

• Approval of input to development of Government policy, for example, NPPF or government-led proposals such as High Speed 2, where positioning of the organisation has significant reputational / organisational risks - Board

Legislation - Town and Country Planning Act 1990 (as amended), Planning and Compulsory Purchase Act (2004), Planning Act 2008

• National land use planning / marine planning or licensing consultations (non-case specific)

Legislation - Planning Act 1990 (as amended), Planning and Compulsory Purchase Act (2004), Marine and Coastal Access Act 2009, Section 28I, Wildlife and Countryside Act 1981 (as amended), Regulation 63 of Conservation of Habitats and Species Regulations 2017 (as amended), Environmental Assessment of Plans and Programmes Regulations 2004, Town and Country Planning (Environment Impact Assessment) Regulations 2017

a. consultations involving government policy approaches or with significant reputational/organisational risks - appropriate Director

b. all other consultations, including those with technical / implementation content - appropriate Manager / Principal Adviser/Principal Specialist

• Marine (spatial) planning consultations (marine plans)

Legislation - Marine and Coastal Access Act 2009

a. statutory consultations on the statement of public participation and draft marine plans - a. appropriate Principal Specialist / Principal Adviser

b. technical consultations on marine plans - b. appropriate Senior Specialist / Senior Adviser

• Call in decisions in relation to land use planning casework - Chief Executive in consultation with relevant Chief Officer, Director and Area Manager

• Casework and land use plans

Legislation - Town and Country Planning Act 1990 (as amended) Planning and Compulsory Purchase Act 2004, Planning Act 2008, Marine and Coastal Access Act 2009 , Environmental Assessment of Plans and Programmes Regulations 2004, Town and Country Planning (Environmental Impact Assessment) Regulations 2017, Infrastructure Planning (Environmental Impact Assessment) Regulations 2017 (as amended), Town and Country Planning (Local Planning) Regulations 2012, The Neighbourhood Planning (General) Regulations 2012 (as amended), National Parks and Access to the Countryside Act 1949 (s9), Countryside and Rights of Way Act 2000 (as amended) s84 Town and Country Planning (Brownfield Land Register) Regulations 2017, Town and Country Planning (Permission in Principle) Order 2017, The Combined Authorities (Spatial Development Strategy) Regulations 2018

Town and Country Planning (Development Management) Procedure (England) Order 2015

Wildlife and Countryside Act 1981 (as amended)

Regulation 63 or 105 of Conservation of Habitats and Species Regulations 2017 (as amended)

• High risk casework (land use plans, land/marine project specific cases and Nationally Significant Infrastructure Projects (NSIP’s) - Area Manager

Medium and low risk land use plans

a. Where we advise that a local plan is unsound, or a development plan does not meet legal requirements or have significant concerns on other land use plans - appropriate Senior Adviser/ Team leader/Senior Specialist

b. Where our response includes a position which is different from past positions on the same development plan or other land use plan - appropriate Senior Adviser/ Team Leader/Senior Specialist

c. Where we provide advice and guidance on development plans or other land use plans - appropriate Adviser

Medium and low risk casework (land or marine project specific, not NSIPs)

a. where our response includes a position which is different from past positions in the same or equivalent case - appropriate Senior Adviser/ Team Leader/Senior Specialist

b. objections to planning applications for local development, and marine licence applications.

1. which cannot be overcome with conditions - appropriate Senior Adviser/ Team Leader/Senior Specialist
2. where there is insufficient environmental information - appropriate Adviser

c. advice and guidance on other casework

1. where we provide bespoke advice - appropriate Adviser
2. where we provide generic advice, no comment, or no response - appropriate Support Adviser

• Marine and Coastal Access Act 2009 (consultations under section 128: Failure to comply with duties, etc.) - Request to a public authority for an explanation as to why it failed its duties under section 125 and 126. - Area Manager
• S.106 Town and Country Planning Act 1990 - Entering a S.106 agreement when Natural England is co- signatory - appropriate Area Manager in consultation with appropriate Principal Adviser Legal
• Section 156 - Water Industry Act 1991 - s156 Water Industry Act disposals - appropriate Lead Adviser

IFCA byelaw review response

a. contentious - appropriate Area Manager
b. non – contentious - appropriate Lead Adviser

Nationally Strategic Infrastructure Projects (NSIPs)

Legislation: Planning Act 2008 and associated regulations

Section 42 Planning Act 2008 –

• Advice on any Section 42 Consultation - appropriate Lead Adviser
• EIA scoping opinions - appropriate Lead Adviser

Section 56 Planning Act 2008

• Section 56 response (Relevant Representations) - appropriate Senior Adviser or Team Leader
• Statements of common ground - appropriate Senior Adviser or Team Leader

Section 150 Planning Act 2008

• Section 150, hand over Natural England’s powers to a development consent order - appropriate Area Manager in consultation with Principal Adviser Legal Services
• Request a special hearing - appropriate Area Manager
• Attend the hearing and give oral evidence - appropriate Area Manager

Part 11: National Parks

• S 6 (1) National Parks and Access to the Countryside Act 1949 - approval to initially assess and prioritise suggested proposals for designation or boundary variation - Board
• Sections 5 and 7 National Parks and Access to the Countryside Act 1949 and Section 45 Wildlife and Countryside Act 1981 - approval of a recommendation to assess whether an area or areas qualify for designation either as a new National Park, or as a variation to an existing National Park – Board
• Sections 5 and 7 National Parks and Access to the Countryside Act 1949 and Section 45 Wildlife and Countryside Act 1981 - approval to undertake a statutory consultation on areas proposed as a new National Park or a variation of the boundary of an existing National Park - appropriate Director
• Section 7 National Parks and Access to the Countryside Act 1949 and Section 45 - of W&C Act 1981 - approval of the final technical assessments of whether Natural England should designate a new National Park or vary the boundary of an existing National Park and approval of making and submission of Order to SoS – Board
• Sch 7, para 4(1) Environment Act 1995 - recommendation to Ministers of candidates for specific National Park Authorities – Board
• Sch 7 para 14(3) Environment Act 1995 - recommend candidates for Chief Officer of National Parks – Area Manager / appropriate Director
• S66 Environment Act 1995 - response to management plans - appropriate Adviser or Senior Specialist

Part 12: Areas of Outstanding Natural Beauty

Part IV Sections 82-83 Countryside and Rights of Way Act 2000

• Approval to initially assess and prioritise suggested proposals for designation or boundary variation - appropriate Director
• Approval of a recommendation to assess whether an area or areas qualify for designation either as a new AONB, or as a variation to an existing AONB - Board

Approval to undertake a statutory consultation on areas proposed as a new AONB or a variation of the boundary of an existing AONB - appropriate Director

• Approval of the final technical assessments of whether Natural England should designate a new AONB or vary the boundary of an existing and approval of a draft Order with regard to the designation of a new AONB or of amending the boundary of an existing AONB and approval to proceed to a formal period of Notice - Board
• Approval for the making and submission of an Order to SoS – appropriate Director, unless changes required post Notice period in which case retain to Board

Part 13: Access (including NNR access)

13.1 Open Access

Legislation: Countryside and Rights of Way Act 2000

A - s10 Countryside and Rights of Way Act 2000 - Approve methodology for statutory review of CROW access maps of open country and registered common land - Chairman

B -s10 Countryside and Rights of Way Act 2000 - Quality assure specific revisions to CROW maps in accordance with approved methodology - nominated Board Member

-s33(1) Countryside and Rights of Way Act 2000 - agree proposed amendments to CROW
-s33 statutory restrictions guidance for submission to Secretary of State for approval - Chairman

C - (Relates to fire prevention powers under CROW s 25) - Approve recalibration of Fire Severity Index, following review - appropriate Director

D - s24, s25 and s26 Countryside and Rights of Way Act 2000

E - (Note: Decisions on need for s26 directions involve documented separation of duties between access officer and responsible officer, and where necessary separate escalation procedures.)

• give, vary or revoke these directions other than for the Coastal Margin.

a. approval needed and direction in contentious or legally complex cases a. appropriate Principal Specialist
b. approval needed in other cases - b. appropriate Senior Adviser / Senior Specialist
c. finalise direction in accordance with approval under b. - c. appropriate Lead Adviser

F - Approve statements of case in respect of mapping or restriction appeals - appropriate Principal Specialist

G - s15 Countryside and Rights of Way Act 2000 - Approve changes to map of CROW section 15 land - appropriate Principal Specialist

H - Schedule 2 to the Countryside and Rights of Way Act 2000 - give a direction under paragraph 7 to remove or relax with landowner consent specific general restrictions on CROW rights set out in Schedule 2 - appropriate Lead Adviser

Note: for approval to make grants relating to National Trails please refer to Part D of the FSoD.

13.2 National Nature Reserve Dedication

s16 Countryside and Rights of Way Act 2000

• Approve proposals to dedicate (or not to dedicate) suitably held land for open access in accordance with the Board’s policy - Chief Executive
• Sign individual open access dedication instruments in accordance with proposals approved by Chief Executive - appropriate Principal Specialist

13.3 Coastal Access Provisions Part 1

Legislation: Marine and Coastal Access Act 2009

A - s.298 (4) - Approve revision of Coastal Access Scheme for submission to Secretary of State - Chairman

B - s.299 - Approve published reports of reviews of Scheme - Chairman

C - Schedule 20 para 2 - Enter into agreement with owner/occupier for carrying out works within the scope of para 2(3) - appropriate Adviser

D - Schedule 20 para 3 - Approve notice to owner/occupier to carry out such works without the agreement of the owner/occupier - appropriate Director or Area Manager

E - Schedule 20 paras 6 & 8 - Authorise erection or removal of information signs etc - appropriate Adviser

F - Schedule 20 para 9 - Authorise any person to exercise powers of entry for the stated purposes - appropriate Senior Adviser

G - Schedule 20 para 4 - Approve statements of case for appeals made by owner/ occupier against a notice to establish or maintain the route in absence of an agreement - appropriate Principal Specialist

13.3 Coastal Access Provisions Part 2

Legislation: National Parks and Access to the Countryside Act

A - Section 55A(1)

• Approval to submit a report to Secretary of State, including any proposals it contains for related CROW directions - appropriate Director

(See FSoD Part U for relevant financial provisions)

Section 55A(4)

• Approve agreement with an access authority for it to carry out any appropriate preliminary activity to facilitate preparation of a report - appropriate Principal Adviser in consultation with Area Manager

B - Schedule 1A paras 6(1) and 8(1)(c)

• Approve NE comments to Secretary of State on objections and representations and summary of representations not required to be sent in full to Secretary of State

  a. Significant, complex or contentious - appropriate Principal Adviser/Principal Specialist
  b. Routine - appropriate Senior Adviser/Senior Specialist

C - Section 55H

• Approve a variation report re coastal access for submission to the Secretary of State

  a. Significant, complex or contentious - appropriate Principal Adviser / Principal Specialist in consultation with the Area Team
  b. Routine - appropriate Senior Adviser/Senior Specialist in consultation with the Area Team

D - Section 55F

1. Give, revoke or vary directions given to implement proposals for restrictions approved by Secretary of State as part of Natural England’s report on a stretch of coast:

   a. contentious or legally complex circumstances, including where Secretary of State-approved restrictions are changed later - appropriate Principal Specialist in consultation with Area Manager

   b. other cases (for example, giving straightforward direction in accordance with approved proposals) - appropriate Lead Adviser

2. Give, revoke or vary directions for the Coastal Margin for which the need is first considered after approval of Natural England’s original report:

   a. approval needed and direction in contentious or legally complex circumstances - appropriate Principal Specialist in consultation with Area Manager

   b. approval needed in other cases - appropriate Senior Specialist/Senior Adviser

   c. finalise direction in accordance with b - appropriate Lead Adviser

E - Section 55B

Approve a proposal for implementing roll back

a. Significant, complex or contentious (complex roll back) - appropriate Principal Adviser/Principal Specialist in consultation with the Area Team

b. Routine (normal/predictable roll back) - appropriate Senior Adviser/Senior Specialist in consultation with the Area Team

F - Schedule 2 to the CROW Act 2000

• give a direction to remove or relax with landowner consent specific general restrictions on coastal access rights - appropriate Lead Adviser in consultation with the Area Team

13.4 National Trails

Legislation: National Parks and Access to the Countryside Act

A - Section 51(1)

• Proposal to Secretary of State for a new National Trail - Board
• Proposal to Secretary of State to vary existing National Trail

a. Significant, complex or contentious - appropriate Principal Adviser/Principal Specialist in consultation with the Area Team as necessary
b. Routine - appropriate Senior Adviser/Senior Specialist in consultation with the Area Team as necessary

Part 14: Rural Development Programme for England (RDPE), England Rural Development Programme (ERDP) and Section 7 Management Agreements

• Agree National Scheme Priorities - appropriate Director
• Application of proportional penalties and claim rejection as a result of breaches in scheme rules - appropriate Adviser
• Agreement termination or commencement of formal investigation and legal action as a result of scheme rule breaches - appropriate Adviser in consultation with Principal Adviser Legal Services
• Exclusion of a customer from a scheme or schemes as a consequence of breaches - appropriate Adviser in consultation with Advisers in other relevant teams (peer review) and Principal Adviser Legal Services

Section 7 NERC Act 2006

Power to enter a management agreement (if financial implications see FSoD part D)

a. of national significance or contentious - appropriate Chief Officer In consultation with Legal Services

b. of local significance - appropriate Chief Officer In consultation with Legal Services

Part 15: Species and other licensing

15.1 Licensing functions

For the purpose of issuing, refusing, modifying and revoking licences and enforcement activities associated with these functions

Legislation (All as amended): Section 10 of the Conservation of Seals Act 1970; Regulation 55 of the Conservation of Habitats and Species Regulations 2017 (as amended); Section 8 of the Deer Act 1991; Section 8 of the Destructive Imported Animals Act 1932; Section 10 of the Protection of Badgers Act 1992; Section 16 of the Wildlife and Countryside Act 1981; The Wildlife Licence Charges (England) Regulations 2018, The Environmental Civil Sanctions (England) Order 2010, Invasive Alien Species (Enforcement and Permitting) Order 2019

As above

• Issue, refuse and modify outline licences (including determination of appropriate charges or charge exemptions) - appropriate Adviser
• Issue, refuse and modify sensitive or novel licences Revoke licences (including determination of appropriate) - appropriate Adviser in consultation with Team Leader, Senior Adviser or Senior Specialist
• Issue, refuse, modify or revoke contentious and high degree sensitivity licence (including determination of appropriate charges or charge exemptions) - appropriate Principal Specialist or Area Manager in consultation Director Team Leader, Senior Adviser or Senior Specialist
• Issue, refuse, modify or revoke licences of national significance on behalf of the Secretary of State (including determination of appropriate charges or charge exemptions) - appropriate Principal Specialist, Manager or Director, in consultation with Director, Chief Scientist and Defra Policy guidance

Advising in support of regulatory functions above

Bat line advice letters

1. Low risk letters (as defined in contract) - bat line contractors

2. All others - appropriate Adviser

Exemption certificates for caravanning and camping

Legislation: Public Health Act 1936 (Sec. 269); Caravan Sites and Control Development Act 1960 (Sch 1)

As above

• Issue exemption certificates for camping and caravanning - appropriate Adviser
• Issue renewal certificates for camping and caravanning - appropriate Adviser
• Withdrawal of exemption certificates - appropriate Adviser

15.2 Enforcement

Legislation: (All as amended) Wildlife and Countryside Act 1981; Conservation of Habitats and Species Regulations 2017 (as amended); Deer Act 1991; Destructive Imported Animals Act 1932; Protection of Badgers Act 1992; Conservation of Seals Act 1970, The Environmental Civil Sanctions (England) Order 2010, Invasive Alien Species (Enforcement and Permitting) Order 2019

Relevant section of the regulation listed

• Investigate and issue advisory and warning letters for technical and minor breaches - appropriate Adviser
• Investigate and issue warning letters and conditional warning letters for medium breaches - appropriate Adviser
• Investigate significant breaches - appropriate Adviser (Enforcement and Appealst team) in consultation with Enforcement Senior Adviser (Enforcement and Appeals team) in consultation with Legal Services
• Approval to accept an Enforcement Undertaking (EU) - Enforcement Senior Adviser (Enforcement and Appeals team) in consultation with Legal Services
• Approval to serve a civil sanction: Fixed Monetary Penalty, Variable Monetary Penalty, Restoration Notice, Compliance Notice or Stop Notice - Enforcement Principal Adviser in consultation with Legal Services & Enforcement Senior Adviser (Enforcement and Appeals team)
• Approval to serve a non-compliance penalty following non- compliance notice with a civil sanction - Enforcement Principal Adviser in consultation with Head of Legal Services and Enforcement Senior Adviser (Enforcement and Appeals team)
• Approval to recover the costs of imposing a civil sanction via cost recovery notice - Enforcement Principal Adviser in consultation with Head of Legal Services and Enforcement Senior Adviser (Enforcement and Appeals team)
• Approval to proceed with a prosecution or caution - Enforcement Principal Adviser in consultation with Head of Legal Services
• Approval to serve an injunction - Enforcement Principal Adviser in consultation with Head of Legal Services

15.2.2 Service of notices

Regarding the improper storage and use of pesticides

Legislation (all as amended): Food and Environment Protection Act 1985; Control of Pesticides Regulations 1986; Plant Protection Products Regulations 2011; Plant Protection Products (Sustainable Use) Regulations 2012; Health and Safety at Work Act 1974

FEPA s 19 (5) COPR Reg 4 (4) (a) PPPR s.7 sch 1 art 8 PPP(SU)Rs.20(1) sch 3 art 7 HSWA s.22 and 23

• Serve Notices in relation to: A person who contravenes any provision of regulations or any condition of approval of a pesticide - appropriate Adviser

HSWA Prohibition and Improvement Notice

Relating to damage

Legislation: Agriculture Act 1947; Pests Act 1954

Agriculture Act 1947

• S.98 (1) - Power to serve notices to take action to manage the specified animals or birds - appropriate Adviser
• S.98 (7) - Power to serve notices to take action to manage the specified animals or birds or to prevent the specified animals or birds living in any place on the land from spreading to or doing damage in any other place - appropriate Adviser

15.2.3 Take default action

In relation to damage complaints

Legislation: Pests Act 1954

• s.4 - Power to require an occupier of land to state his interest in the land - appropriate Adviser

Issue clearance notices

Legislation: Weeds Act 1959

• s.1 (1) - Power to serve notice to prevent weeds spreading - appropriate Adviser
• s.2(1) & s.4(2) - Power to serve a variable Monetary Penalty, recover the costs of serving a Variable Monetary Penalty, and serve a non-compliance penalty notice should the Variable Monetary Penalty not be paid - Enforcement Principal Adviser in consultation with Enforcement Senior Adviser (Enforcement and Appeals team) and with Head of Legal Services
• s.3 (1) - Power to take default action to prevent weeds spreading where a notice served under s.1 (1) has not been complied with - appropriate Team Leader

15.3 Powers of entry

Legislation: Weeds Act 1959

• s.4 (1) - Power to enter and inspect land - appropriate Adviser
• s.4 (2) - Power to issue proceedings for obstruction - Enforcement Principal Adviser in consultation with Head of Legal Services

The Invasive Alien Species (Enforcement and Permitting) Order 2019

• Article 24(1) - An enforcement officer, where they have reasonable grounds to suspect a specimen is being kept at premises, other than premises used wholly or mainly as private dwelling, at a reasonable time and on giving reasonable notice, may enter and inspect those premises - appropriate Adviser
• Article 24(4) - A warrant can be granted where there are reasonable grounds to suspect that an offence under the Order is being or has been committed, and that either evidence of the offence may be found on any premises or that there is a need to ascertain whether a condition of a permit is being or has been complied with. - Enforcement Senior Adviser (Enforcement and Appeals team) in consultation with Principal Solicitor, Legal Services to seek a warrant from the justice of the peace, sheriff or summary sheriff, or lay magistrate.

Powers of authorised officers

Legislation: Food and Environment Protection Act 1985; Plant Protection Products Regulations 2011; Plant Protection Products (Sustainable Use) Regulations 2012; Health and Safety at Work Act 1974

• FEPA s.19 (2) and (3): PPPR s.7; PPP(SU)R s.20 HSWA s.20 - power to enter land or vehicle etc - appropriate Adviser
• FEPA s.19 (7) Schedule 2: PPPR s.7; PPP(SU)R s.20 HSWA s.20 - powers of Authorised Officers appropriate Adviser

Powers of wildlife inspectors

Legislation: Wildlife and Countryside Act 1981

• s.18B (1) Group 1 - Power to enter and inspect any premise - appropriate Adviser
• s.18C Group 1 - Power to examine specimens and take samples - appropriate Adviser
• s.18D (1) Group 2 - Power to enter and inspect any premise - appropriate Adviser
• s.18E Group 2 - Power to examine specimens and take samples - appropriate Adviser

Powers of wildlife inspectors

Legislation: Invasive Alien Species (Enforcement and Permitting) Order 2019

• Part 5 Section 24 - Power to enter and inspect any premise (other than premises used wholly or mainly as a private dwelling) - appropriate Adviser
• Part 5 Section 25 - Examining relevant organisms and taking samples - appropriate Adviser
• Part 5 Section 26 - Power of seizure for purposes of investigation etc - appropriate Adviser

Powers of wildlife inspectors extended to certain other acts

Legislation: Natural Environment and Rural Communities Act 2006

• s.52 Schedule 5 part 2 Destructive Imported Animals Act 1932 Conservation of Seals Act 1970 Deer Act 1991 Protection of Badgers Act 1992 - Power of Wildlife Inspector to enter premises - appropriate Adviser

Powers of wildlife inspectors

Legislation: Conservation of Habitats and Species Regulations 2017 (as amended)

• Reg 116 (1) - Power to enter and inspect any premise other than a dwelling - appropriate Adviser
• Reg 120 (2) - Powers in relation to specimens and samples - appropriate Adviser

Legislation: Section 15 of the Environmental Civil Sanctions (England) Order 2010)

• s.15(1) - Power to enter land to ascertain whether a Compliance Notice/ Restoration Notice/ Stop Notice or accepted undertaking has been fulfilled - appropriate Adviser

15.4 To enter into species control agreements and make species control orders for invasive non-native species and animals that are no longer normally present in Great Britain together with associated powers

Legislation: Section 14(4A) and Schedule 9A to the Wildlife and Countryside Act 1981 as amended by the Infrastructure Act 2015

A - Sch 9A Para. 6(1) - approval to enter into a species control agreement with an appropriate owner - Chief Executive in consultation with Head of Legal Services and appropriate Director

B - Para. 8 - Issue notice of compliance with species control agreement - appropriate Adviser in consultation with Enforcement Principal Adviser Invasive Non-Native Species and Legal Services

C - Para. 10(1) - approval to make a species control order - Chief Executive in consultation with Head of Legal Services and appropriate Director

D - Para. 10(2)(a) - Issue notice for failure to comply with a species control agreement - appropriate Adviser in consultation with Enforcement Principal Adviser Invasive Non-Native Species and Legal Services

E - Para. 10(2)(d)(i) - approval to place a notice on premises of desire to enter into species control agreement where there is no identifiable owner - appropriate Adviser in consultation with Enforcement Principal Adviser Invasive Non-Native Species and Legal Services

F - Para. 14(1) - Issue notice of making of a species control order - appropriate Adviser in consultation with Enforcement Principal Adviser Invasive Non-Native Species and Legal Services

G - Para. 14(2) - approval to place a notice on premises of the making of a species control order where there is no identifiable owner - appropriate Adviser in consultation with Enforcement Principal Adviser Invasive Non-Native Species and Legal Services

H - Para. 15(1) - Revoke a species control order - Enforcement Principal Adviser, Principal Adviser Invasive Non-Native Species in consultation with Legal Services

I - Para. 16 - approval of Statement of Case on appeal - Enforcement Principal Adviser, Principal Adviser Legal Services in consultation with Principal Adviser Invasive Non-Native Species

J - Para. 17 - Issue notice of compliance with species control order - Enforcement Principal Adviser, Principal Adviser Invasive Non-Native Species in consultation with Legal Services

K - Para. 18(2) - approval to issue notice that owner failed to comply with a species control order - appropriate Director in consultation with Head of Legal Services, Enforcement Principal Adviser and Principal Adviser Invasive Non-Native Species

L - Para. 18(4) - approval to proceed with species control operations and any further necessary work - appropriate Director in consultation with Head of Legal Services, Enforcement Principal Adviser and Principal Adviser Invasive Non-Native Species

M - Para. 18(5) - approval to recover costs in carrying out species control operations and any further necessary work - appropriate Director in consultation with Head of Legal Services, Enforcement Principal Adviser and Principal Adviser Invasive Non-Native Species

N - Para. 19(1)(2) - approval to proceed with prosecution - appropriate Director in consultation with Head of Legal Services, Enforcement Principal Adviser and Principal Adviser Invasive Non-Native Species

O - Para. 21(1), 23(1) - Authorisation to enter land for the purposes set out in subsections (a)-(f) (except for a dwelling and where a warrant is needed under paragraph 22(1)) - Principal Adviser Invasive Non-Native Species, Enforcement Principal Adviser in consultation with Legal Services

P - Para. 23(2) - give notice of intention to enter land under authorisation - appropriate Adviser in consultation with Principal Adviser Invasive Non-Native Species, Enforcement Principal Adviser and Legal Services

Q - Para. 22(1) - approval to apply for a warrant from a justice of the peace (except for a dwelling) and to enter land under warrant - appropriate Director in consultation with Head of Legal Services and Enforcement Principal Adviser, Principal Adviser Invasive Non-Native Species

R - Para. 22(2)(a) - give notice of intention to apply for, and enter land, under warrant - appropriate Adviser in consultation with Principal Adviser Invasive Non-Native Species, Enforcement Principal Adviser and Legal Services

15.5 Signing of TBMAs

Bovine Tuberculosis (bTB)

A number of specified officers have the right to sign TBMAs on behalf of Natural England; this list is only held by the Chief Officer Legal & Governance to ensure anonymity - Chief Officer Legal & Governance

Part 16: Issuing authorities for purchase and use of biocides

• Authorities issued under the following legislation: Poisons Rules 1982, Control of Pesticides Regulations 1986, Control of Pesticides (amendment) Regulations 1997, Food and Environment Protection Act 1985 - appropriate Adviser

Part 17: Heather and grass burning

Legislation: The Heather and Grass etc. Burning (England) Regulations 2007 and the Hill Farming Act 1946

17.1 Notice and licences

Provision as to issuing or refusal of licences

Legislation: Regulation 7 of The Heather and Grass etc. Burning (England) Regulations 2007

• Reg 7(3) - approval to grant licence and issue - appropriate Adviser
• Reg 4(b) - approval to issue a licence in respect of only part of the land to which the application relates and notify decision - appropriate Adviser
• Reg 4(c) - approval to issue a licence subject to any conditions and notify decision - appropriate Adviser

17.2 Burning notices

Legislation: Regulation 8 of The Heather and Grass etc. Burning (England) Regulations 2007

• Reg 8(1) - approval to serve a burning notice - appropriate Area Manager in consultation Head of Legal Services and Enforcement Senior Adviser (Enforcement & Appeals Team)

17.3 Enforcement

Legislation: Section 20(2) & section 34(2) of the Hill Farming Act

• s.20(2) & s.34 (2) - Issue warning letters - appropriate Adviser
• s.20(2) & s.34 (2) - approval to commence formal investigation - Enforcement Senior Adviser (Enforcement and Appeals team) in consultation with Legal Services
• s.20(2) & s.34 (2) - approval to proceed with a prosecution or caution - appropriate Area Manager in consultation with Head of Legal Services
• As per sections above - approval to serve an injunction - appropriate Area Manager in consultation with Head of Legal Services

17.4 Powers of entry

Legislation: Section 34 of the Hill Farming Act 1946

• s.34 - Enter on and inspect any land capable of being used for livestock rearing purposes - appropriate Adviser

Legislation: Section 15 of the Environmental Civil Sanctions (England) Order 2010

• s.15(1) - Enter land to ascertain compliance with Compliance Notice/Restoration - appropriate Adviser

Part 18: Site assessments of under and over grazing

• Provide formal advice to RPA - appropriate Adviser
• Issue prescriptions - appropriate Adviser

Part 19: Environmental Impact Assessment (Agriculture)

Legislation: Environmental Impact Assessment (Agriculture) (England)(No.2) Regulations 2006 (as amended)

19.1 Determination of proposals

• Reg 8 - Determination of non-contentious screening applications e.g. proposals that are outside the scope of the Regulations or unlikely to have significant effect on the environment) - appropriate Adviser
• Reg 8 - Determination of contentious screening applications (e.g. Environmental Statement is required) - appropriate Team Leader in consultation with appropriate Senior Advisor (National Protected Sites team) and appropriate feature specialist.
• Reg 8(2) and Reg.17 - Screening assessment to check whether an EIA project is likely to have a significant effect on a European site (either alone or in combination with other projects, and the project is not directly connected with or necessary for the management of the site. Appropriate assessment to ascertain that an EIA project will not adversely affect the integrity of the site - appropriate Adviser
• Reg 16(1) and 18(1) - Grant consent, condition a consent, or refuse to grant consent for a significant project - appropriate Team Leader in consultation with appropriate Senior Adviser (National Protected Sites team) - Principal Adviser Legal Services and appropriate feature specialist

19.2 Investigation

• Not set out in Acts, but adopted as appropriate enforcement action to determine appropriate enforcement response - approval to commence formal investigation - Enforcement Senior Adviser (Enforcement & Appeals Team) in consultation with Legal Services and appropriate feature specialist

19.3 Appeals in connection with screening notices, remediation notices, stop notices or a notice under paragraph 5 of Schedule 4

A person may appeal to the Secretary of State against Natural England’s decision

Legislation: Regulation 31 and 32 of The Environmental Impact Assessment (Agriculture)(England)(No 2) Regulations 2006

• Under section of legislation Reg 31 & 32 (appeals) - approval of Statement of Case - Appeals Senior Adviser (Enforcement & Appeal Team) in consultation with Principal Adviser Legal Services and appropriate feature specialist

19.4 Enforcement

• Reg 6 - Issue Screening Notice - appropriate Team Leader / appropriate Senior Advisor (National Protected Sites Team) in consultation with Legal Services and appropriate feature specialist
• Reg 25 - Withdraw Stop Notice - Enforcement Senior Advisor (Enforcement & Appeals Team) in consultation with Legal Services
• Reg 27 – Withdraw or amend a Remediation Notice - Enforcement Senior Advisor (Enforcement & Appeals Team) in consultation with Legal Services *Reg 22, 23, 24, 26, 28 - authorise prosecution - appropriate Area Manager in consultation with Head of Legal Services
• Reg 30(3) - Authorise use of default powers including powers of entry - appropriate Area Manager in consultation with Head of Legal Services
• Reg 22 and 23 - approval to accept an enforcement undertaking - appropriate Area Manager in consultation with Head of Legal Services and Enforcement Senior Adviser (Enforcement & Appeals Team)
• Reg 22, 23, 24, 26 and 30 (8) - approval to serve a civil sanction: Fixed Monetary Penalty or Variable Monetary Penalty - appropriate Area Manager in consultation with Head of Legal Services and Enforcement Senior Adviser (Enforcement & Appeals Team)
• Reg 22, 23, 24 and 30 (8) - approval to recover costs of imposing a civil sanction via a cost recovery notice - appropriate Area Manager in consultation with Head of Legal Services and Enforcement Senior Adviser (Enforcement & Appeals Team)
• Reg 22, 23, 24, 26, 28 and 30 (8) - approval to serve an injunction - appropriate Area Manager in consultation with Head of Legal Services

19.5 Letters

• Not set out in Acts, but adopted as an appropriate enforcement response - decision to issue a warning letter - appropriate Adviser
• Not set out in Acts, but adopted as an appropriate enforcement response - decisions to issue an advisory letter - appropriate Adviser
• Not set out in Act but adopted as an appropriate response to technical and minor breaches - warning letters following minor and technical breaches - appropriate Adviser

Part 20: Environmental liability

Legislation: Environmental Damage (Prevention & Remediation) Regulations 2009 (England) Regulations 2015 (as amended)

• 13(2) - Where there are reasonable grounds to believe there is an imminent threat of environmental damage, serve a notice on the responsible operator that describes the threat, specifies the measures required to prevent the damage and requires the responsible operator to take those measures within a specific time period - appropriate Area Manager in consultation with Enforcement Senior Adviser (Enforcement and Appeals team) and Legal Services
• 14(2) - Where there are reasonable grounds to believe there is environmental damage, serve a notice on the responsible operator that describes the damage, specifies the measures required to prevent further damage and requires the responsible operator to take those measures within a specific time period - appropriate Manager in consultation with Enforcement Senior Adviser (Enforcement & Appeals Team) and Legal Services
• 15 - Carry out the prevention of imminent threats of environmental damage or further environmental damage on behalf of an operator - appropriate Manager in consultation with Enforcement Senior Adviser (Enforcement & Appeals) and Legal Services
• 18(1) - Notify a responsible operator that the damage they have caused is environmental damage, and that they must submit proposals within a specific time period that will achieve remediation of the environmental damage - appropriate Manager in consultation with Legal Services
• 18(2) - Withdraw the above notification - appropriate Manager in consultation with Legal Services
• 19 schedule 5 - Appeals against liability to remediate - appropriate Senior Adviser (Enforcement & Appeals Team) in consultation with Principal Adviser Legal Services
• 20(1) - Consult interested parties on the proposals submitted by the operator - appropriate Adviser
• 20(2) - Serve a remediation notice - appropriate Manager in consultation with Legal Services
• 21 schedule 5 - Appeals against Remediation notice - appropriate Senior Adviser (Enforcement & Appeals Team) in consultation with Principal Adviser Legal Services
• 22 - Serve further remediation notices - appropriate Manager in consultation with Legal Services
• 24 - 27 - Recover costs from an operator - Head of Legal Services
• 29(3) - Notify an interested party who has notified Natural England of environmental damage or an imminent threat of environmental damage of the action, if any, Natural England intends to take - appropriate Adviser
• 29(4) - Notify the responsible operator of an activity which has been notified to Natural England and invite them to submit comments - appropriate Adviser
• 31(1) - Exercise the powers of inspectors under Regulation 31(1) - appropriate Adviser
• 32 - Require an operator to provide relevant information to enable Natural England to carry out its functions under these Regulations - appropriate Adviser

Part 21: International site designations

Legislation: Habitats directive / Wild Birds Directive

A - Approval to submit formal advice (Departmental Brief^{[footnote 1]} or Selection Assessment Document^{[footnote 2]} ) to Secretary of State on the selection of a pSAC, pSPA or pRamsar site or proposed amendments to an existing cSAC, SCI, SPA, SAC or Ramsar site - Chief Executive

B - Following the consultation, approval of final advice, with or without modifications, and report on the consultation, where:

a. objections or representations are unresolved - Board or Chairman on behalf of the Board
b. there are no outstanding objections or representations (i.e., where no objections or representations were made, or where representations or objections were withdrawn or resolved) - appropriate Director

Part 22: Marine Conservation Zones

A - Approving advice to Ministers on the selection of Marine Conservation Zones - Chief Executive

B - Confirming alterations to existing Marine Conservation Zones prior to advising Ministers:

1. Cases with unresolved objections or representations - Board
2. Cases with no outstanding objections – Chair

Part 23: Registration relating to local land charges and European sites

• (Local Land Charges Act 1975 (Sec 5(2)) and Local Land Charges Rules 1977 (Reg 8(2)) - Application to registering authority for registration, amendment, or cancellation of a local land charge in the appropriate local land charges register following an entry in the register of European sites being made, amended or removed by the Secretary of State - appropriate Adviser

Part 24: Staffing

• Appointment, removal and performance review of Chief Executive - Board
• Recruitment, appointment, discipline or dismissal of Chief Officers Configuration of Senior Leadership Groupings - Chief Executive in consultation with the Remuneration Committee
• Decision to recruit, appoint, discipline or dismiss Directors - appropriate Chief Officer In consultation with the Senior HR Business Partner
• Decision to recruit, appoint, discipline or dismiss Area Managers - appropriate Director In consultation with the Senior HR Business Partner
• Decision to recruit, appoint, discipline or dismiss staff below Area Manager level - appropriate Area Manager
• Decision to appoint and discipline staff below Manager level - appropriate Team Manager
• Decision to appoint and discipline staff below Team Leader level - appropriate Team Leader

Notes: recruit: as overall salaries budget holder formally approve a recruitment request to commence recruitment to a vacancy.

Appoint: following an appropriate recruitment process appoint a successful candidate.

Part 25: Staff terms and conditions

1. Approval of Chief Executive’ s Terms & Conditions - Secretary of State and Board
2. Approving changes to staff Terms & Conditions - Chief Executive in consultation with the Remuneration Committee
3. Approving staff severance packages (Director or Area Manager level and below) - appropriate Chief Officer in consultation with the Defra Finance Director

Part 26: Complaints to Ombudsman

• Any response to request for information from the Ombudsman - appropriate Director or Area Manager in consultation with Head of Legal Services
• Reporting any investigation by the Ombudsman to Defra - Chief Executive
• Any complaints information requested by the OEP - appropriate Director

Part 27: Office for Environmental Protection

• Any response to request for information from the OEP - appropriate Director or Area Manager in consultation with Head of Legal Services
• Reporting any investigation by the OEP to Defra - Chief Executive
• Any complaints information requested by the OEP - appropriate Director

Part 28: Governance

1. Governance framework for Board and its Committees including but not limited to: Establishment and appointment to Board Committees: Board Committee Terms of Reference; Assessment of Board’s own performance - Board
2. Power to grant/revoke Non-Financial Delegations to the Chief Executive - Board

3. Approval and review of significant internal policies as determined from time to time which would include:

   • Occupational Health and Safety; Equal Opportunity - Board
   • Data Protection; Intellectual Property; Freedom of Information - Board

4. Approval of national strategies involving the potential significant impact on the environment, the organisation or Natural England’s reputation - Board

   • approval of Natural England’s Standards - appropriate Director in consultation with Head of Legal Services
5. Authority to undertake, on behalf of the Board, all the Board’s functions between formal Board Meetings (except SSSI confirmations) - Chair
6. Approval of the internal control, risk, compliance, and reporting frameworks - Board

Part 29: Guarantees and indemnities

Note: if you are considering giving a guarantee or indemnity, please seek advice from the Chief Officer Legal & Governance. The Defra Finance Business Partner will need to be consulted before approaching Defra

1. Natural England shall not, without Defra’s prior written consent, lend money, charge any asset or security, give any guarantee or indemnities or letters of comfort, or incur any other contingent liability (as defined in Managing Public Money) whether or not in a legally binding form – Defra

1. Departmental Briefs (for Special Protection Areas and Ramsar sites) ↩

2. Selection Assessment Documents (for Special Area of Conservation) ↩