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Verderer (New Forest)

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In the New Forest a verderer is an unpaid officer whose duty is to regulate and protect the interests of the New Forest commoners , and to preserve the natural beauty and good traditional character of the Forest . There are ten verderers, together constituting the Court of Verderers (or Court of Swainmote).

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23-686: The Court has ancient origins but in its present form is a corporate body set up under the New Forest Act 1887 and reconstituted in 1949. It consists of ten verderers, five of whom are elected by the commoners, and four of whom are appointed respectively by the Department for Environment, Food and Rural Affairs , the Forestry Commission , the National Park Authority , and Natural England . The remaining position

46-482: A mutual understanding or agreement, noting each party's requirements and responsibilities—but without establishing a formal, legally enforceable contract (though an MoU is often a first step towards the development of a formal contract). In the United Kingdom , the term MoU is commonly used to refer to an agreement between parts of The Crown . The term is often used in the context of devolution , for example

69-685: Is a ministerial department of the Government of the United Kingdom . It is responsible for environmental protection, food production and standards, agriculture , fisheries and rural communities in the entire United Kingdom. Concordats set out agreed frameworks for cooperation, between it and the Scottish Government , Welsh Government and Northern Ireland Executive , which have devolved responsibilities for these matters in their respective nations. Defra also leads for

92-427: Is also located at Nobel House, 17, Smith Square , London. Memorandum of understanding A memorandum of understanding ( MoU ) is a type of agreement between two ( bilateral ) or more ( multilateral ) parties. It expresses a convergence of will between the parties, indicating an intended common line of action. It is often used either in cases where parties do not imply a legal commitment or in situations where

115-771: Is held by the Official Verderer who serves as chair of the Court and who is appointed by the Sovereign . The Court has the same status as a Magistrates Court , and acting under its authority the verderers are responsible for regulating commoning within the Forest, for dealing with unlawful inclosures , and for a wide range of other matters relating to development control and conservation such as proposals for new roads, car parks, camping sites, recreational facilities, playing fields and so on. The verderers also work to ensure

138-686: Is sustainable development, which is defined as "development which enables all people throughout the world to satisfy their basic needs and enjoy a better quality of life without compromising the quality of life of future generations." The Secretary of State wrote in a letter to the Prime Minister that he saw Defra's mission as enabling a move toward what the World Wide Fund for Nature (WWF) has called "one planet living". Under this overarching aim, Defra has five strategic priorities: Defra Headquarters are at 2, Marsham Street , London. It

161-469: Is that, because obligations under international law may be avoided, they can often be put into effect without requiring legislative approval. Hence, MoUs are often used to modify and adapt existing treaties, in which case these MoUs have factual treaty status. The decision concerning ratification, however, is determined by the parties' internal law and depends to a large degree on the subject agreed upon. MoUs that are kept confidential (i.e., not registered with

184-500: The United Nations Office of Legal Affairs ' insistence that registration be done to avoid 'secret diplomacy', MoUs are sometimes kept confidential. As a matter of law, the title of MoU does not necessarily mean the document is binding or not binding under international law . To determine whether a particular MoU is meant to be a legally binding document (i.e., a treaty), one needs to examine the parties’ intent as well as

207-567: The 1999 concordat between the central Department for Environment, Food and Rural Affairs and the Scottish Environment Directorate . MoUs can also be used between a government agency and a non-commercial, non-governmental organization. In international relations, MoUs fall under the broad category of treaties and should be registered in the United Nations treaty collection. In practice and in spite of

230-617: The Defra website. Policies for environment, food and rural affairs are delivered in the regions by Defra's executive agencies and delivery bodies, in particular Natural England , the Rural Payments Agency , Animal Health and the Marine Management Organisation . Defra provides grant aid to the following flood and coastal erosion risk management operating authorities : Defra's overarching aim

253-495: The Forest that the petitioner wishes the Court to deal with. Where the presentment relates to a contentious matter, the Court may order that counter-presentments be heard in open court at a later date. The verderers work closely with the Forestry Commission , an appointee of which is a member of the Court. Some activities the Commission carries out or permits within the Forest may be subject to rights of common, and thus require

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276-527: The Forest. The New Forest became a National Park on 1 March 2005. It is managed by a government-funded organisation, the National Park Authority , which appoints one of the Court members. The verderers have a statutory duty (under section 62 of the Environment Act 1995 ) to take account of the purposes of National Park designation when making any decision which affects the Park. In the 13th century

299-574: The US, the specifics can differ slightly depending on whether the contract is for goods (falls under the Uniform Commercial Code ) or services (falls under the common law of the state). Many companies and government agencies use MoUs to define a relationship between departments, agencies or closely held companies. In business , an MoU is typically a legally non-binding agreement between two (or more) parties, outlining terms and details of

322-494: The United Kingdom on agricultural, fisheries and environmental matters in international negotiations on sustainable development and climate change, although a new Department of Energy and Climate Change was created on 3 October 2008 to take over the last responsibility; later transferred to the Department for Business, Energy and Industrial Strategy following Theresa May 's appointment as Prime Minister in July 2016. The department

345-530: The climate team at Defra was merged with the energy team from the Department for Business Enterprise and Regulatory Reform (BERR), to create the Department of Energy and Climate Change , then headed by Ed Miliband . Defra ministers are as follows, with cabinet members in bold: On 8 and 9 July 2024, the appointments of Daniel Zeichner as Minister of State and Emma Hardy MP and and Baroness Hayman of Ullock as Parliamentary Under-Secretaries of State

368-497: The court was placed on a statutory basis, with the verderers becoming responsible for commoners, common rights, and the Forest landscape. The New Forest Act 1949 gave the verderers additional powers to make and amend byelaws. Subsequent legislation of 1964, 1967 and 1970 has increased the range of issues the court is required to approve or to be consulted on. Department for Environment, Food and Rural Affairs The Department for Environment, Food and Rural Affairs ( Defra )

391-420: The health and welfare of the commoners' animals, and to assist with this they employ five paid agisters whose role is to supervise the animals’ day-to-day welfare. The Court of Verderers normally meets in open session once a month (other than August and December), at which ‘presentments’ may be made by any commoner or other person. These are oral or written statements such as a concern or a complaint relating to

414-449: The parties cannot create a legally enforceable agreement. It is a more formal alternative to a gentlemen's agreement . Whether a document constitutes a binding contract depends only on the presence or absence of well-defined legal elements in the text proper of the document (the so-called " four corners "). The required elements are offer and acceptance , consideration , and the intention to be legally bound ( animus contrahendi ). In

437-407: The signatories' position (e.g., Minister of Foreign Affairs vs. Minister of Environment). A careful analysis of the wording will also clarify the exact nature of the document. The International Court of Justice has provided some insight into the determination of the legal status of a document in the landmark case of Qatar v. Bahrain , 1 July 1994. One advantage of MoUs over more formal instruments

460-527: The verderers were originally a court that was authorised by The Crown to deal with minor offences taking place within the Sovereign's Forest. Their powers were enlarged in the 17th and 18th centuries to enable the Court to deal with trespassers, and acts such as breaking inclosure fences which were detrimental to the planting and preservation of oak for shipbuilding. Under the New Forest Act 1887

483-401: The verderers’ consent, while in the case of other activities the Commission may have a statutory power to override those rights or to proceed subject to consultation. To avoid misunderstandings, in 2002 the verderers and the Commission concluded a Memorandum of Understanding to help the parties determine how to handle specific activities that the Commission proposes to undertake or permit within

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506-566: Was announced, but initially without details of specific portfolios within Defra. The Permanent Secretary is Tamara Finkelstein , who replaced Clare Moriarty in 2019. Defra is responsible for British Government policy in the following areas Some policies apply to England alone due to devolution , while others are not devolved and therefore apply to the United Kingdom as a whole. The department's executive agencies are: The department's key delivery partners are: A full list of departmental delivery and public bodies may be found on

529-692: Was formed in June 2001, under the leadership of Margaret Beckett , when the Ministry of Agriculture, Fisheries and Food (MAFF) was merged with part of the Department of Environment, Transport and the Regions (DETR) and with a small part of the Home Office . It was created after the perceived failure of MAFF to deal adequately with an outbreak of Foot and Mouth disease . The department had about 9,000 core personnel, as of January 2008 . In October 2008,

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