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Chapter 5: Functions, Powers and Governance
5.1 Park Authority models
Noting that the process is still at an early stage, the consultation resources set out key issues regarding the purpose and functions of a Coastal and Marine National Park Authority, highlighting that the National Parks (Scotland) Act 2000 specifies these in general terms as:
- to ensure that the National Park aims are collectively achieved in relation to the National Park in a co-ordinated way.
In exercising its functions, a Coastal and Marine National Park Authority must seek to accomplish this purpose, but, following the Sandford principle: if in relation to any matter it appears to the Authority that there is conflict between the first aim of National Parks (that of conservation) and any of the others, the Authority must give greater weight to this aim.
In addition, each Park Authority is required to produce a National Park Plan which sets out its policy for managing the Park area and co-ordinating its functions and the functions of other bodies in relation to the National Park. The Scottish Ministers, a Park Authority, a local authority and any other public body or office-holder must in exercising functions so far as affecting a National Park have regard to the adopted National Park Plan.
Figure 5.1. What role should a potential Park Authority undertake? Relative degree of agreement for each model for a Coastal and Marine National Park Authority, as a proportion of all respondents. Note: weighted according to respondents' preferences.
The Act provides for the specific powers of Park Authorities to be tailored to the particular needs of the area. Given the unique challenges of managing an environment incorporating coastal and marine and potentially terrestrial elements, consultees were invited to comment on the range of functions, general powers and governance arrangements for the first Coastal and Marine National Park Authority. As with boundary issues discussed in Section 4.4, it should be noted that a small number of respondents offered views on these matters, reflecting both the more technical nature of these issues, and their exclusion from the short questionnaire.
Alongside more open-ended comment, respondents were also invited to indicate preference for the models for Park Authority functions proposed by SNH, taking account of what a Park Authority should undertake to successfully deliver its aims and particularly considering planning, enabling, managerial and regulatory roles. No clear consensus emerged, although of those respondents who gave a response, the largest preference was for a lighter touch, planner and enabler model (see Figure 5.1).
The detailed views of consultees suggested a degree of difficulty in clearly distinguishing between the two lighter touch models, particularly when management of recreation facilities was taken into account. With that in mind, the majority of responses may be summarised as showing support for either of the two lighter touch models proposed during the consultation, with organisations representing conservation interests showing significant support for regulation by a Park Authority. Consistent with previous sections, agriculture and fishing organisation types broadly expressed opposition to a Park Authority undertaking any formal functions.
Support for the different functional models of a Park Authority differed by respondent location, with respondents from the Ardnamurchan, Small Isles and South Skye Coast, Solway and Moray Firth regions expressing greatest support for the light touch planner and enabler models; those from the Shetland and the North Skye and Wester Ross regions showing greatest support for also including manager functions.
5.2 Powers
Under the limits specified by the National Parks (Scotland) Act, as outlined in the previous section, the general powers of a National Park Authority may be tailored to suit the particular needs of the Park. Consultees were invited to define what powers should be vested in a Coastal and Marine National Park Authority in order to secure the successful delivery of the Park's principal aims.
No clear consensus emerged as to the best mix of Park authority powers for any particular candidate region, with the spectrum of suggested solutions spanning:
- keeping all existing powers with the current authorities and according the Park Authority the role of co-ordinator and consultee; and
- placing the Park Authority above all existing authorities within the Park boundary, transferring relevant powers as necessary.
However, to deliver the benefits of rationalised, integrated regulatory structures, respondents cautioned against duplicating the roles of existing bodies, including:
- Local Authorities, as planning authorities with responsibilities for promoting access;
- Local Partnership working groups and Inshore Fisheries Groups;
- Scottish Fisheries Protection Agency and Scottish Environment Protection Agency;
- Crown Estate and Maritime and Coastguard Agency; and
- Scottish Natural Heritage.
Consultees also considered that the definition of the Park Authority in terms of advisory body, co-ordinator, consultee, education and recreation manager, or regulator would inform the issues surrounding powers relating to:
- Stewardship and the Precautionary Principle;
- Environmental Issues;
- Access and Planning Authorities;
- Systems of consents; and
- Land Reform Act (Scotland) 2003.
21 of the 35 consultees who expressed clear preferences on the issue agreed that a National Park Authority required 'stop' powers; similarly 21 signalled support for local authorities to remain the Planning Authority within a Park (see Figure 5.2). Although the small number of respondents on these issues represented a range of interests, it is important to note that the wider consensus of respondents was that these specific issues should be considered as and when a more detailed Coastal and Marine National Park proposal is consulted upon.
Representative individual recommendations in relation to these issues include that:
- any Coastal and Marine National Park Authority should respect existing rights for navigation, moorings and anchorage, and distinguish recreational uses of the water from those of the fishing industry; and
- the Park Authority should be granted sufficient powers to uphold the Sandford principle; if these are to include last resort 'stop' powers, these should be carefully defined and kept under review.
Some respondents recommended that any proposal should draw on the experience of similar authorities, including those of:
- The Wadden Sea National Park, and other international models;
- Scotland's terrestrial National Parks, with the caveat that experience regarding terrestrial conservation does not directly translate to the marine environment; and
- Shetland Council, with its unique position of having responsibility for the planning and management of the marine environment out to 12nm.
Figure 5.2. Should a Coastal and Marine National Park Authority be given 'Stop' and Planning Authority powers? Opinion of those respondents that commented on these matters ( n =35).
5.3 Further analysis
Respondents considered that the powers, role, and composition of a Coastal and Marine National Park Authority are central to successfully delivering the aims of a potential Park through its Park Plan. The majority of those respondents who submitted views on these issues suggested that the Park Authority and Park Plan should be defined by the:
- Park aims, as set out by the provisions of the National Parks (Scotland) Act 2000 and refined in the light of this consultation; and
- views of, and impact on, the local community including all relevant authorities, stakeholders and existing partnership working groups;
and reviewed according to the outcomes of:
- monitoring arrangements (see Section 6.2); and
- new initiatives.
Respondents also highlighted a need to justify why the governance of a Coastal and Marine National Park should substantially differ from that of terrestrial National Parks. The consultation paper invited comment on the proposal for a Coastal and Marine National Park Board to be composed similarly to the current terrestrial National Park Boards, in which the following board structure applies: 5 directly elected members voted for by the people living within the Park area; 10 local authority nominations (all local ward councillors at present); and 10 Ministerial appointments. The Act effectively guarantees that at least 80% of the Board would live in the Park or represent local people.
Most respondents who commented on this issue considered that the composition of a Coastal and Marine National Park Board should reflect the Park aims. Those who responded indicated that the Board should include representatives:
- of local interests, including IFGs, community councils, businesses, recreation, tourism; and
- with expertise regarding conservation and sustainable development, including for marine conservation research, natural and cultural heritage, and renewable energy development.
Although some respondents cautioned against diluting the Park Authority's national platform, 31 responses specifically emphasised the importance of local accountability, and took the position that a Park Board should be:
- composed of a majority of representatives living and working within Park Boundaries (9 responses); and
- entirely locally elected (8 responses).
Regardless of whether interest groups, local or otherwise, are directly represented on the Park Board, or through a structure of advisory and working groups, consultees considered the ability of a Park Authority to engage all relevant stakeholders in planning and delivery to be central to successfully delivering the Park aims, and to generating the tangible benefits associated with integrated partnership working.
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