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DRAFT The Natural Resources Body for Wales Transfer Scheme 2013 Made - - *** Coming into force - - Approved by the Secretary of State under section 24(3) of the Public Bodies Act 2011 - - *** Laid before the National Assembly for Wales - - *** CONTENTS 1. Title and commencement 2 2. Interpretation 2 3. Transfer of property, rights and liabilities of the Countryside Council for Wales 4 4. Transfer of property, rights and liabilities of the Environment Agency 4 5. Transfer of property, rights and liabilities of the Forestry Commissioners 4 6. Intellectual property rights and records of the Welsh Assembly Government 4 7. Employees of the Countryside Council for Wales 4 8. Employees of the Environment Agency 4 9. Employees of the Forestry Commissioners 4 10. Employees transferring to become members of staff of the Welsh Assembly Government 4 11. Pension arrangements 4 12. Consequential and supplementary provisions 5 14. Modification of scheme 5 15. Further assurance 6 SCHEDULES SCHEDULE 1 Transfer of property, rights and liabilities from the Environment Agency 7 SCHEDULE 2 Transfer of property, rights and liabilities from the Forestry Commissioners 47 SCHEDULE 3 Employment 101 SCHEDULE 4 Employees transferring to the Natural Resources Body for Wales 104 SCHEDULE 5 Employees transferring to become members of staff of the Welsh Assembly Government 105 L7588291001 Whereas: The Welsh Ministers have decided to transfer: functions of the Countryside Council for Wales; Welsh devolved functions of both the Environment Agency and the Forestry Commissioners; and certain of their own functions relating to the environment; to the Natural Resources Body for Wales which has been constituted by the Natural Resources Body for Wales (Establishment) Order 2012(1). The Welsh Ministers have decided to transfer certain Welsh devolved functions of the Forestry Commissioners to themselves. The Welsh Ministers, in exercise of the powers conferred by section 23 of the Public Bodies Act 2011(2) (“the Act”), make the following Scheme. The Welsh Ministers have made the Natural Resources Body for Wales (Functions) Order 2013(3), an order under sections 13 and 14 of the Act transferring functions from the Countryside Council for Wales, the Environment Agency, the Forestry Commissioners and the Welsh Ministers, to the Natural Resources Body for Wales and from the Forestry Commissioners to the Welsh Ministers. This Scheme is made in connection with and to facilitate the implementation of that Order. The Secretary of State has approved this Scheme under section 24 (3) of the Act. Title and commencement 1. (1) The title of this Scheme is the Natural Resources Body for Wales Transfer Scheme 2013. (2) It comes into force on 1st April 2013. Interpretation 2. In this Scheme— “assigned” has the same meaning as applies for the purposes of the Transfer of Undertakings (Protection of Employment) Regulations 2006(4); “charges” means all applicable charges, costs, royalties, or other payments; “charity” has the meaning given by section 1(1) of the Charities Act 2011(5); “content” means any “document” within the meaning of the Re-use of Public Sector Information Regulations 2005 (6) and any computer programs; “employee” means an individual who has entered into or works under the terms of a contract of employment or a contract of service or apprenticeship, whether such contract is expressly agreed (in writing or orally) or is implied by the nature of the relationship, but does not include an individual 1 [S.I. 2012/1903 (W. 230). 2 2011 c. 24. 3 [Provision for reference of the T O] 4 S.I. 2006/246, as amended by S.I. 2009/592, S.I. 2010/93. 5 2011 c. 25. 6 S.I. 2005/1515 L7588291001 who provides services under a contract for services and “employer” and “employment” are to be construed accordingly; “intellectual property rights” includes patents, utility models, rights to inventions, copyright and neighbouring and related rights, trade marks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world; “land” includes land of any tenure, and mines and minerals, whether or not held apart from the surface (and includes any strata or seam of minerals or substances in or under any land and powers of working and getting the same), and buildings or parts of buildings (whether the division is horizontal, vertical or made in any other way), fixtures, structures, erections or parts of fixtures, structures or erections, and any other corporeal hereditament and any manor (including a lordship and reputed manor or lordship and including all matters referred to in section 62(3) of the Law of Property Act 1925(7) as in force at the date of this Transfer Scheme) rent and other incorporeal hereditament and includes any estate right or interest in the same whether legal or equitable and any easement, right, privilege, profit a prendre, liberty, advantage or benefit in or reputed to be in, over or derived from or appertaining or reputed to appertain to land including trees and crops, and any ground, soil or earth, meadows, pastures, woods, moors, waters, watercourses, marshes, heath, commons, hedges, ditches, fences, ways, outhouses, cellars, areas, courts, courtyards, cisterns, sewers, gutters, drains, passages and lights; “liabilities” includes actual, contingent or potential claims, demands, actions, obligations, payments in settlement of any claim, fine, order, notice, injunction, damages, compensation, demand, expense, loss, proceedings, award, penalty, of whatever nature (including all forms of taxation), including all costs, legal and other professional fees, disbursements and expenses; “property” includes land, and all other real and personal property, consents, permits, licences, authorities, approvals, fisheries, the benefit of Several Fishery Orders, accreditations, money, shares, equities, claims, gifts, bequests, trusts, benefit of any contracts, plant and equipment, goodwill, intellectual property, records, stock, debts and all other assets of whatever nature, whether legal, equitable, or contractual; “records” includes all documents, papers, data, know-how, images, maps, videos and information in whatever medium they are held; “retention schedule” means a list maintained by the Environment Agency, the Forestry Commissioners and the Natural Resources Body for Wales for the purposes of the Public Records Act 1958 or any other legislation relating to retention of information, which specifies documents or categories of documents and the date when those documents will be destroyed; “rights” includes any right, claim, entitlement, demand, and the benefit of or entitlement to any action, obligation, payment in settlement of any claim, damages, compensation, relief or credit from or in respect of any form of taxation, expense, loss, proceedings, award, penalty, of whatever nature (including all forms of taxation), costs, legal and other professional fees, disbursements and expenses of whatever nature, including without limitation, any legal, equitable or contractual rights whether actual or contingent and whether expressed to be transferrable under any relevant contract or other instrument or not; “species licensing functions” means those functions of the Welsh Ministers under the Conservation of Habitats and Species Regulations 2010(8) which are transferred to the Natural Resources Body for Wales by the The Natural Resources Body for Wales (Functions) Order 2013; 7 1925 c. 20. 8 S.I. 2010/490 as amended by S.I. 2011/625, S.I. 2012/630, S.I. 2012/635, S.I. 2012/1927. L7588291001 “the Natural Resources Body for Wales means the Natural Resources Body for Wales as constituted by the Natural Resources Body for Wales (Establishment) Order 2012; “the transfer date” means 1st April 2013; “transferee” means a body or person whose property, rights or liabilities are transferred to another body or person by this Scheme; “transferor” means a body or person to whom any property, rights or liabilities are transferred by this Scheme; “transferring employee” means each of the employees specified by Schedules 4 and 5, except for any employees who— (a) fall within paragraph 2(1) of Schedule 3; or (b) terminate their contracts of employment prior to the transfer date in the circumstances described in paragraph 2(4) of Schedule 3; “Wales” has the same meaning as in the Government of Wales Act 2006(9); “Welsh environmental function” has the meaning given to it by section 36(1) of the Public Bodies Act 2011 (c 24) Transfer of the property, rights and liabilities of the Countryside Council for Wales 3. All property, rights and liabilities of the Countryside Council for Wales (other than those relating to employees as to which provision is made in articles 7 and 10 and Schedule 3) transfer to the Natural Resources Body for Wales on the transfer date. Transfer of property, rights and liabilities of the Environment Agency 4. Schedule 1 makes provision for the transfer of property, rights and liabilities (other than those relating to employees as to which provision is made in articles 8 and 10 and Schedule 3) of the Environment Agency to the Natural Resources Body for Wales on the transfer date. Transfer of property, rights and liabilities of the Forestry Commissioners 5. Schedule 2 makes provision for the transfer of property, rights and liabilities (other than those relating to employees as to which provision is made in articles 9 and 10 and Schedule 3) of the Forestry Commissioners to the Natural Resources Body for Wales on the transfer date.

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