Creates new nature conservation councils: EPA 1990 s. 128
Creates nature conservation councils for England and Wales; defines membership appointed by Secretary of State and corporate status.
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Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
This section sets up two new bodies: the Nature Conservancy Council for England (NCCE) and the Countryside Council for Wales (CCW). It says each council will have a chairman and other members, all appointed by the Secretary of State. The councils are 'bodies corporate' – they can own property, employ staff, and make contracts in their own name.
The provision also covers the constitution of the councils, meaning how they are structured and run. It does not give them any specific powers or duties – those are set out in later sections (e.g., s.132 general functions, s.133 special functions). For context, these new councils replace the former Nature Conservancy Council, which is wound up under s.138.
When it applies
- The Secretary of State appoints a new chairman for the Nature Conservancy Council for England under the terms of this section.
- A local authority questions whether the Countryside Council for Wales is legally able to sue – this section confirms it is a body corporate.
- A member of the public challenges the appointment of a council member, arguing it did not follow the procedures set out in this section.
- A council employee argues that their employer lacks legal personality because it was not properly constituted under this section.
What this section does not say
- Gives the councils specific powers to carry out conservation work (those are in s.132 and s.133).
- Defines the scope of 'nature conservation' (that is in s.127 definitions).
- Sets out the funding arrangements for the councils (covered by s.129 grants).
- Provides for the transfer of staff from the old Nature Conservancy Council (dealt with in s.137 and s.138).
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This page reproduces the text of EPA 1990 s. 128 in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.