The Natural Resources Body for Wales (Establishment) Order 2012

PART 3 — E+W FINANCIAL MATTERS

Grants E+W

12.—(1) The Welsh Ministers may make grants to the Body.

(2) A grant under this article may be made subject to conditions.

[F1 (3) The conditions which may be imposed include, without limitation, conditions as to the use of the money for the purposes of the Joint Nature Conservation Committee.]

Textual Amendments

F1 Art. 12(3) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 1 para. 14 (with Sch. 7)

Commencement Information

I1 Art. 12 in force at 19.7.2012, see art. 1(2)

[F2 Power to charge E+W

12A.— (1) The Body may—

(a) charge for work that it carries out and for goods, services and facilities that it provides;

(b) allow another person to make charges, on such terms as the Body thinks fit, for facilities which that person provides under arrangements made under article 5H.

(2) Any arrangement between the Body and another person entered into pursuant to paragraph (1) may, with the consent of the Welsh Ministers, include provision for the sharing of profits.

(3) The powers conferred by this article are subject to any specific restriction on charging by the Body in particular cases or categories of case contained in this or any other enactment.]

Textual Amendments

F2 Art. 12A inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 1 para. 15 (with Sch. 7)

General financial duties E+W

13.—(1) The Welsh Ministers may determine the financial duties of the Body.

(2) Different determinations may be made for different functions and activities of the Body.

(3) The Welsh Ministers must—

(a) consult the Body before making a determination of the Body’s financial duties, and

(b) give the Body notice of every such determination which they make.

(4) Such a determination may—

(a) relate to a period beginning before, on, or after, the date on which it is made;

(b) contain supplemental provisions; and

(c) be varied by a subsequent determination.

(5) The Welsh Ministers may give a direction to the Body requiring it to pay to them an amount equal to the whole or such part as may be specified in the direction of any sum, or any sum of a description, so specified which is or has been received by that Body.

(6) Where it appears to the Welsh Ministers that the Body has a surplus, whether on capital or revenue account, they may direct the Body to pay them such amount not exceeding the amount of that surplus as may be specified in the direction.

(7) The Welsh Ministers must consult the Body before giving a direction under paragraph (5) or (6).

[F3 (8) This article is subject to section 118 of the Water Resources Act 1991.]

Textual Amendments

F3 Art. 13(8) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 1 para. 16 (with Sch. 7)

Commencement Information

I2 Art. 13 in force at 19.7.2012, see art. 1(2)

[F4 Forestry income E+W

13A.— (1) The Body must spend all sums which it receives in respect of the sale or other disposal of timber or other forest products on the exercise of its functions relating to forestry, forests, woods and woodland industries.

(2) This article is subject to any determination or direction made by the Welsh Ministers under article 13.]

Textual Amendments

F4 Art. 13A inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 1 para. 17 (with Sch. 7)

Borrowing powers E+W

14.—(1) The Body may borrow in accordance with the following provisions of this article, but not otherwise.

(2) The Body may borrow such sums in sterling as it may require for meeting its obligations and carrying out its functions.

(3) The Body may borrow—

(a) from the Welsh Ministers, or

(b) from persons other than the Welsh Ministers, but only with the consent of the Welsh Ministers.

(4) Consent under paragraph (3)(b) may be granted subject to conditions.

Commencement Information

I3 Art. 14 in force at 19.7.2012, see art. 1(2)

Welsh Ministers' guarantees of the Body’s borrowing E+W

15.—(1) The Welsh Ministers may guarantee, in such manner and on such conditions as they think fit, the repayment of the principal of, the payment of interest on, and the discharge of any other financial obligation in connection with, any sum which the Body borrows from any person.

(2) If any sums are paid out in fulfilment of a guarantee under this article, the Body must make to the Welsh Ministers, at such times and in such manner as they from time to time direct,—

(a) payments of such amounts as they direct in or towards repayment of the sums so paid out, and

(b) payments of interest, at such rate as they direct, on what is outstanding for the time being in respect of sums so paid out.

Commencement Information

I4 Art. 15 in force at 19.7.2012, see art. 1(2)