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Natural Environment and Rural Communities Bill

Schedule 3 allows the Secretary of State to make transfer schemes to provide for the transfer of property, rights or liabilities that would not otherwise be capable of being transferred or assigned. This is essential to facilitate the smooth transfer of property currently held by English Nature and the Countryside Agency when they cease to exist. In some cases the terms on which the property rights or interests are held prevent alienation or transfer to third parties. This would apply to transfers to Natural England, the Commission for Rural Communities or a Minister of the Crown. The transfer schemes envisaged by the Bill are intended to overcome this difficulty. They will ensure a smooth transition to the new bodies and avoid any uncertainties over the rights and liabilities associated with their property on the dissolution of English Nature and the Countryside Agency. It is also important that the Secretary of State is able to certify the changes that have taken place and that this amounts to conclusive evidence of the changes specified. We would be in no position to deny individuals in this regard. We can move assets that are named NDPBs. As this is a complex area I will expand on it in writing but I think that the noble Baroness’s fears, while understandable, are groundless. As I say, I shall write on the fine detail of the law but I give her an assurance and hope that she feels able to withdraw the amendment.