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The Natural Resources Body for Wales (Functions) Order 2013

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This is the original version (as it was originally made).

11.  After article 10 insert—

Advice and assistance to others

10A.(1) The Body may provide advice or assistance, including training facilities, to any person on any matter in which the Body has knowledge, skill or experience.

(2) The power conferred by paragraph (1) must not be exercised where the person to whom the advice or assistance is provided is outside Wales, except—

(a)in accordance with a power or duty conferred or imposed by this or any other enactment;

(b)with the consent in writing of the Welsh Ministers; or

(c)in accordance with arrangements approved by the Welsh Ministers.

(3) The Welsh Ministers may impose conditions when giving consent or approving arrangements under paragraph (2).

Financial assistance

10B.(1) The Body may give financial assistance to any person in respect of any expenditure incurred or to be incurred by that person in doing anything which the Body considers conducive to the attainment of any objective which the Body seeks to attain in the exercise of its functions.

(2) The Body may give financial assistance under this article by way of grant or loan (or partly in one way and partly in the other).

(3) The Body may attach conditions to financial assistance under this article, which may include (without limitation) conditions requiring the repayment of the whole or part of any grant in specified circumstances.

(4) The Body must exercise the power in paragraph (3) so as to ensure that any person receiving financial assistance in respect of premises to which the public are to be admitted (on payment or otherwise) makes appropriate provision for the needs of members of the public with disabilities.

(5) In paragraph (4), “appropriate provision” (“darpariaeth briodol”) means such provision with respect to—

(a)means of access to or within the premises; and

(b)the parking facilities and sanitary conveniences to be available (if any),

as is practicable and reasonable in the circumstances.

(6) The Body may give financial assistance under this article only with the consent of the Welsh Ministers (which may be specific or general) or in accordance with arrangements approved by them.

Research

10C.(1) The Body must make arrangements for the carrying out of research activities in respect of matters relevant to any of its functions.

(2) The Body may—

(a)carry out research activities on its own account or jointly with other persons;

(b)commission or support research activities (whether by financial means or otherwise).

(3) In exercising its functions under this article in relation to research into nature conservation, the Body must have regard to any common standards established under section 34(2)(c) of the Natural Environment and Rural Communities Act 2006(1).

(4) In this article—

(a)“research activities” (“gweithgareddau ymchwil”) means research and related activities;

(b)“related activities” (“gweithgareddau cysylltiedig”) includes, without limitation, the making of experiments and inquiries and the collection of statistics and information.

Further provision about advice, assistance and research

10D  The functions conferred by articles 10 to 10C are exercisable in relation to Wales and the Welsh zone.

Criminal proceedings

10E.(1) The Body may institute criminal proceedings in England and Wales.

(2) The Body may authorise persons to prosecute on its behalf in proceedings before magistrates' courts in England and Wales.

(3) A person so authorised is entitled to prosecute in such proceedings even though that person is not a barrister or solicitor.

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