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annex D
functions and powers of national park authorities
The National Parks (Scotland) Act 2000 outlines the key legislative provisions for the powers and functions of National Park Authorities. The following section summarises the relevant provisions but should be read in conjunction with the Act http://www.opsi.gov.uk/legislation/scotland/acts2000/20000010.htm as this summary is not meant to be a comprehensive description of the Act or legal advice on the interpretation of the Act.
- Section 9 also makes provision for the general powers set out in schedule 2 and specific functions in schedule 3 of the Act to be conferred on the National Park Authority along with additional functions. These include the ability to make charges, provide advice and assistance, undertake research, give grants, purchase and manage land and make and enforce bylaws.
- Section 7 of the Act, which relates to the Designation Order for the National Park and outlines the procedures for the later stages of designating the Park, requires Ministers to specify the date on which the functions conferred on the National Park are exercisable. These functions do not have to be exercisable from the same date.
- Section 10 enables the arrangements for town and country planning functions in a National Park to be specified and may take the form of the National Park Authority:
- being the planning authority for the area of the Park;
- being the planning authority only in respect of development plan preparation;
- having specified functions in respect of planning, which could include the planning function remaining with local authorities in the area and the National Park Authority being given statutory powers as a consultee.
- Section 11 places a duty on the National Park Authority to prepare a plan, which sets out the policy for management of the National Park and co-ordination of public bodies, in so far as they affect the implementation of the Park Plan.
- Section 14 requires public bodies to have regard to the National Park Plan when exercising their functions so far as affecting the National Park.
- Section 15 enables a National Park Authority to enter into management agreements with a person with an interest in land, including the making of payments.
- Section 17 permits a Park Authority to arrange for any of it powers to be exercised on its behalf by a local authority or another Park Authority and a local authority or other public body to arrange for certain of its functions to be exercised by a Park Authority. It also permits
2 or more Park Authorities to exercise any of their functions jointly. - Section 18 allows the Scottish Ministers to make arrangements for certain of their functions to be exercised on their behalf by a Park Authority.
Section 31 provides considerable scope to modify where necessary various provisions of the Act in relation to an area that includes the sea.
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