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Cairngorms National Park: Consultation on draft Designation
Order
Explanatory Notes
Article 4 Establishment of the Authority
This states that on the establishment date (given at article 2) there will
also be established a Park Authority to be known as "The Cairngorms National
Park Authority".
Article 5 Constitution of the Authority
This provides details of the constitution of the Park Authority.
Paragraph (1) states that the number of people to serve on the Park
Authority shall be 25.
Paragraph (2) sets the number of people to be directly elected to the
Park Authority at 5.
Paragraph (3) sets at 5 the number of "local members" to be appointed.
"Local" is defined in schedule 1 paragraph 3(6) to the National Parks (Scotland)
Act 2000 as being someone who has their sole or main residence in the Park,
or is a councillor for an electoral ward, or member of a community council,
any part of whose area is within the National Park.
Paragraph (4) provides details of the local authorities that have a
responsibility to nominate the nominated members of the Park Authority. It also
states the number of nominations to be made by each of those authorities, and
the number of these which must be "local" as defined above.
Article 6 First election to the Authority
This gives the date on which the first election to the Park Authority will
take place. The Cairngorms National Park Elections (Scotland) Order will in
due course specify how the dates of subsequent elections will be determined.
Article 7 Planning functions
Paragraph (1)(a) provides for the National Park authority to be responsible
for the preparation of a local plan or plans for the Park area.
Paragraph (1)(b) provides for the functions in respect of enforcement
(Part VI of the Town and Country Planning (Scotland) Act 1997) and tree preservation
and advertisement control (Part VII) to be exercisable by both the local authorities
and the Park Authority.
Paragraph (2) provides that in order to give effect to the above, references
to a planning authority shall be read as references to the National Park Authority
in documents and enactments as appropriate.
Paragraph (3)(a)-(c) enables the Authority (subject to paragraphs (4),
(5) & (6) below) to issue directions to local authorities to refer applications,
including in respect of listed buildings, conservation areas and hazardous substances,
to it for consideration where there is a planning issue which is of general
significance to the National Park aims under section 1 of the 2000 Act.
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