Part 1Natural England and the Commission for Rural Communities

Chapter 1Natural England

General implementation powers

5I1Carrying out proposals etc.

Natural England may—

a

carry out proposals which appear to it to further its general purpose, or

b

assist in, coordinate or promote the carrying out of such proposals by others.

I26Financial and other assistance

1

Natural England may give financial assistance to any person, if doing so appears to it to further its general purpose.

2

Financial assistance under this section may be given in any form, and may in particular be given by way of a grant, a loan or a guarantee.

3

Financial assistance under this section may be given subject to conditions, including (in the case of a grant) conditions for repayment in specified circumstances.

4

Natural England may, if doing so appears to it to further its general purpose, provide assistance to any person by making available goods or equipment free of charge or at a reduced cost.

I37Management agreements

1

Natural England may make an agreement (a “management agreement) with a person who has an interest in land about the management or use of the land, if doing so appears to it to further its general purpose.

2

A management agreement may, in particular—

a

impose on the person who has an interest in the land obligations in respect of the use of the land;

b

impose on the person who has an interest in the land restrictions on the exercise of rights over the land;

c

provide for the carrying out of such work as may be expedient for the purposes of the agreement by any person or persons;

d

provide for any matter for which a management scheme relating to a site of special scientific interest provides (or could provide);

e

provide for the making of payments by either party to the other party or to any other person;

f

contain incidental and consequential provision.

3

A management agreement is, unless the agreement otherwise provides—

a

binding on persons deriving title under or from the person with whom Natural England makes the agreement, and

b

enforceable by Natural England against those persons.

4

Schedule 2 to the Forestry Act 1967 (c. 10) (power for tenant for life and others to enter into forestry dedication covenants) applies to management agreements as it applies to forestry dedication covenants.

5

For the purposes of any enactment or rule of law as to the circumstances in which the dedication of a highway or the grant of an easement may be presumed, or may be established by prescription, the use by the public or by any person of a way across land at any time while it is the subject of a management agreement is to be disregarded.

6

Interest in land” has the same meaning as in the National Parks and Access to the Countryside Act 1949 (c. 97).

7

Management scheme” and “site of special scientific interest” have the same meaning as in Part 2 of the Wildlife and Countryside Act 1981 (c. 69).

I48Experimental schemes

1

Natural England may—

a

make and carry out experimental schemes designed to establish ways in which its general purpose might be furthered, or

b

promote the making and carrying out of such schemes.

2

A scheme is experimental if it involves—

a

the development or application of new methods, concepts or techniques, or

b

the testing or further development of existing methods, concepts or techniques.

3

Before making an experimental scheme, Natural England must consult such persons as appear to it to have an interest in the subject matter of the scheme.