Environment Act 1995

• (4) Any arrangements made by a flood defence committee under this paragraph for the carrying out of any function shall not prevent the committee from discharging their functions themselves.

• (5) References in the preceding provisions of this paragraph to the carrying out of any functions of a flood defence committee include references to the doing of anything which is calculated to facilitate, or is conducive or incidental to, the carrying out of any of those functions.

• (6) A regional flood defence committee shall not, under this paragraph, make arrangements for the carrying out in a local flood defence district of any functions which fall to be carried out there by the local flood defence committee.

Rules of procedure

13

• (1) A flood defence committee may, with the approval of the relevant Minister, make rules for regulating the proceedings of the committee.

• (2) Nothing in section 6(4) of this Act or section 105 or 106 of the 1991 Act shall entitle the Agency to make any arrangements or give any directions for regulating the proceedings of any flood defence committee.

• (3) In this paragraph “the relevant Minister” has the same meaning as in paragraph 10 above.

Declarations of interest etc.

14

• (1) Subject to the following provisions of this paragraph, the provisions of sections 94 to 98 of the Local Government Act 1972 (pecuniary interests of members of local authorities) shall apply in relation to members of a flood defence committee as those provisions apply in relation to members of local authorities.

• (2) In their application by virtue of this paragraph those provisions shall have effect in accordance with the following provisions—

• (a) for references to meetings of the local authority there shall be substituted references to meetings of the committee;

• (b) in section 94(4), for the reference to provision being made by standing orders of a local authority there shall be substituted a reference to provisions being made by directions of the committee;

• (c) in section 96, for references to the proper officer of the local authority there shall be substituted a reference to an officer of the Agency appointed for the purposes of this paragraph; and

• (d) section 97 shall apply as it applies to a local authority other than a parish or community council.

• (3) Subject to sub-paragraph (4) below, a member of a flood defence committee shall be disqualified, for so long as he remains such a member and for twelve months after he ceases to be such a member, for appointment to any paid office by the Agency or any regional flood defence committee.

• (4) Sub-paragraph (3) above shall not disqualify any person for appointment to the office of chairman of a local flood defence committee.

Authentication of documents

15

• (1) Any notice or other document which a flood defence committee are required or authorised to give, make or issue by or under any enactment may be signed on behalf of the committee by any member of the committee or any officer of the Agency who is generally or specifically authorised for that purpose by a resolution of the committee.

• (2) Any document purporting to bear the signature of a person expressed to be authorised as mentioned in sub-paragraph (1) above shall be deemed, unless the contrary is shown, to be duly given, made or issued by authority of the committee.

• (3) In this paragraph “signature” includes a facsimile of a signature by whatever process reproduced.

Proof and validity of proceedings

16

• (1) A minute of the proceedings of a meeting of a flood defence committee, purporting to be signed at that or the next ensuing meeting by—

• (a) the chairman of the meeting to the proceedings of which the minute relates, or

• (b) by the chairman of the next ensuing meeting,

shall be evidence of the proceedings and shall be received in evidence without further proof.

• (2) Where a minute has been signed as mentioned in sub-paragraph (1) above in respect of a meeting of a committee or sub-committee, then, unless the contrary is shown—

• (a) the meeting shall be deemed to have been duly convened and held;

• (b) all the proceedings had at any such meeting shall be deemed to have been duly had; and

• (c) that committee or sub-committee shall be deemed to have been duly constituted and have had power to deal with the matters referred to in the minute.

• (3) The validity of any proceedings of a flood defence committee shall not be affected by any vacancy among the members of the committee or by any defect in the appointment of such a member.

SCHEDULE 6

Status

1

SEPA shall be a body corporate with a common seal.

2

Subject to section 38 of this Act, SEPA shall not—

• (a) be regarded as a servant or agent of the Crown;

• (b) have any status, immunity or privilege of the Crown;

• (c) by virtue of its connection with the Crown, be exempt from any tax, duty, rate, levy or other charge whatsoever whether general or local,

and its property shall not be regarded as property of, or held on behalf of, the Crown.

Membership

3

SEPA shall consist of not less than eight, nor more than twelve, members appointed by the Secretary of State.

4

In making appointments under paragraph 3 above, the Secretary of State shall have regard to the desirability of appointing persons who have knowledge or experience in some matter relevant to the functions of SEPA.

5

Subject to paragraphs 7 and 8 below, each member—

• (a) shall hold and vacate office in accordance with the terms of his appointment;

• (b) may, by giving notice to the Secretary of State, resign his office; and

• (c) after ceasing to hold office shall be eligible for reappointment as a member.

6

The Secretary of State may, by order made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament, amend paragraph 3 above so as to substitute for the numbers for the time being specified as, respectively, the minimum and maximum membership such other numbers as he thinks fit.

7

The Secretary of State may remove a member from office if he is satisfied that the member—

• (a) has been absent from meetings of SEPA for a period longer than three months without the permission of SEPA; or

• (b) has been made bankrupt, has had a debt relief order (under Part 7A of the Insolvency Act 1986) made in respect of him, has made an arrangement with his creditors, has had his estate sequestrated or has granted a trust deed for his creditors or a composition contract; or

• (c) is unable or unfit to carry out the functions of a member.

Chairman and deputy chairman

8

• (1) The Secretary of State shall appoint one of the members of SEPA to be chairman and another of those members to be deputy chairman.

• (2) The chairman and deputy chairman shall hold and vacate office in terms of their appointments.

• (3) A member who is chairman or deputy chairman may resign his office by giving notice to the Secretary of State; but if the chairman or deputy chairman ceases to be a member (whether or not on giving notice under paragraph 5(b) above) he shall cease to be chairman or, as the case may be, deputy chairman.

• (4) A person who ceases to be chairman or deputy chairman shall be eligible for reappointment as such under sub-paragraph (1) above at any time when he is a member.

Remuneration, pensions, etc.

9

• (1) SEPA shall—

• (a) pay to its members such remuneration and such travelling and other allowances (if any); and

• (b) as regards any member or former member in whose case the Secretary of State may so determine—

• (i) pay such pension, allowance or gratuity to or in respect of him;

• (ii) make such payments towards the provision of such pension, allowance or gratuity; or

• (iii) provide and maintain such schemes (whether contributory or not) for the payment of pensions, allowances or gratuities,

as the Secretary of State may determine.

• (2) If a person ceases to be a member, and it appears to the Secretary of State that there are special circumstances which make it right that he should receive compensation, the Secretary of State may require SEPA to pay to that person a sum of such amount as the Secretary of State may determine.

Staff

10

• (1) There shall be a chief officer of SEPA.

• (2) The Secretary of State shall, after consultation with the chairman or person designated to be chairman (if there is a person holding or designated to hold that office), make the first appointment of chief officer on such terms and conditions as he may determine; and thereafter SEPA may, with the approval of the Secretary of State, make subsequent appointments to that office on such terms and conditions as it may with such approval determine.

11

SEPA may appoint such other employees as it thinks fit.

12

• (1) SEPA shall, in the case of such of its employees or former employees as it may, with the approval of the Secretary of State, determine—

• (a) pay such pensions, allowances or gratuities to or in respect of those employees;

• (b) make such payments towards provision of such pensions, allowances or gratuities; or

• (c) provide and maintain such schemes (whether contributory or not) for the payment of such pensions, allowances or gratuities,

as it may, with the approval of the Secretary of State, determine.

• (2) References in sub-paragraph (1) above to pensions, allowances or gratuities in respect of employees of SEPA include references to pensions, allowances or gratuities by way of compensation to or in respect of any such employee who suffers loss of office or employment.

Proceedings

13

• (1) SEPA may regulate its own procedure and that of any committee established by it (including making provision in relation to the quorum for its meetings and the meetings of any such committee).

• (2) The proceedings of SEPA and of any committee established by it shall not be invalidated by any vacancy amongst its members or the members of such committee or by any defect in the appointment of such member.

Committees

14

• (1) SEPA may appoint persons who are not members of it to be members of any committee established by it, but at least one member of any such committee shall be a member of SEPA.

• (2) SEPA shall pay to a person so appointed such remuneration and allowances (if any) as the Secretary of State may determine.

• (3) Any committee established by SEPA shall comply with any directions given to them by it.

Delegation of powers

15

• (1) Anything authorised or required by or under any enactment to be done by SEPA may be done by any of its committees which, or by any of its members or employees who, is authorised (generally or specifically) for the purpose by SEPA.

• (2) Nothing in sub-paragraph (1) above shall prevent SEPA from doing anything that a committee, member or employee has been authorised or required to do.

• (3) In sub-paragraph (1) above, “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.

Regional Boards

16

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Members’ interests

17

• (1) A member who is in any way directly or indirectly interested in any matter that is brought up for consideration at a meeting of SEPA shall disclose the nature of his interest to the meeting; and, where such a disclosure is made—

• (a) the disclosure shall be recorded in the minutes of the meeting; and

• (b) the member shall not take any part in any deliberation or decision of SEPA or of any of its committees with respect to that matter.

• (2) For the purposes of sub-paragraph (1) above, a general notification given at a meeting of SEPA by a member to the effect that he—

• (a) is a member of a specified company or firm, and

• (b) is to be regarded as interested in any matter involving that company or firm,

shall be regarded as a sufficient disclosure of his interest in relation to any such matter.

• (3) A member need not attend in person at a meeting of SEPA in order to make a disclosure which he is required to make under this paragraph if he takes reasonable steps to secure that the disclosure is made by a notice which is read and considered at the meeting.

• (4) The Secretary of State may, subject to such conditions as he considers appropriate, remove any disability imposed by virtue of this paragraph in any case where the number of members of SEPA disabled by virtue of this paragraph at any one time would be so great a proportion of the whole as to impede the transaction of business.

• (5) The power of the Secretary of State under sub-paragraph (4) above includes power to remove, either indefinitely or for any period, a disability which would otherwise attach to any member, or members of any description, by reason of such interests, and in respect of such matters, as may be specified or described by the Secretary of State.

• (6) Nothing in this paragraph precludes any member from taking part in the consideration or discussion of, or voting on, any question whether an application should be made to the Secretary of State for the exercise of the power conferred by sub-paragraph (4) above.

• (7) In this paragraph—

• (a) any reference to a meeting of SEPA includes a reference to a meeting of any of SEPA’s committees; and

• (b) any reference to a member includes a reference to a person who is not a member of SEPA but who is a member of any such committee.

Minutes

18

• (1) Minutes shall be kept of proceedings of SEPA and of its committees.

• (2) Minutes of any such proceedings shall be evidence of those proceedings if they are signed by a person purporting to have acted as chairman of the proceedings to which the minutes relate or of any subsequent proceedings in the course of which the minutes were approved as a correct record.

• (3) Where minutes of any such proceedings have been signed as mentioned in sub-paragraph (2) above, those proceedings shall, unless the contrary is shown, be deemed to have been validly convened and constituted.

SCHEDULE 7

Status and constitution of authorities

1

• (1) A National Park authority shall be a body corporate.

• (2) A National Park authority shall consist of—

• (a) a specified number of local authority members,

• (b) in the case of a National Park in England, a specified number of parish members to be appointed by the Secretary of State, and

• (c) a specified number of other members to be appointed by the Secretary of State;

and “specified” means specified in the relevant order.

• (3) The total number of—

• (a) local authority members, and

• (b) parish members,

must exceed the number of other members.

Local authority members

2

• (1) The local authority members of a National Park authority shall be appointed by such of the councils for the principal areas wholly or partly comprised in the relevant Park as may be specified in or determined under the relevant order.

• (2) Each of the councils who are to appoint the local authority members of a National Park authority shall be entitled to appoint such number of those members as may be so specified or determined and to make any appointment required by reason of a vacancy arising in respect of a member appointed by that council.

• (3) Before making any provision by the relevant order as to—

• (a) the number of members of a National Park authority who are to be local authority members,

• (b) the councils by whom the local authority members of a National Park authority are to be appointed, or

• (c) the number of members to be appointed by each such council,

the Secretary of State shall consult the council for every principal area the whole or any part of which is comprised in the relevant Park; and the Secretary of State may make provision for excluding the council for any such area from the councils by whom the local authority members of a National Park authority are to be appointed only at the request of that council.

• (4) A person shall not be appointed as a local authority member of a National Park authority unless he is a member of a principal council the area of which is wholly or partly comprised in the relevant Park; and, in appointing local authority members of a National Park authority, a principal council shall have regard to the desirability of appointing members of the council who represent wards, or (in Wales) electoral wards, situated wholly or partly within the relevant Park.

• (5) Subject to the following provisions of this Schedule, where a person who qualifies for his appointment by virtue of his membership of any council is appointed as a local authority member of a National Park authority—

• (a) he shall hold office from the time of his appointment until he ceases to be a member of that council; but

• (b) his appointment may, before any such cessation, be terminated for the purposes of, and in accordance with, sections 15 to 17 of the Local Government and Housing Act 1989 (political balance).

• (5A) Sub-paragraph (5B) applies to a person who retires from being a member of a council by virtue of an election.

• (5B) Sub-paragraph (5)(a) does not terminate his office as member of a National Park authority until—

• (a) three months after he retires from being a member of the council, or

• (b) if earlier, the day on which the National Park authority receives notice of a proposed replacement appointment;

but if he is re-elected he is eligible for re-appointment to the National Park authority.

• (7) The appointment of any person as a local authority member of a National Park authority may provide that he is not to be treated for the purposes of sub-paragraph (5) above as qualifying for his appointment by virtue of his membership of any council other than that specified in the appointment.

• (8) In paragraph 2(1) of Schedule 1 to the Local Government and Housing Act 1989 (bodies to which appointments have to be made taking account of political balance), after paragraph (b) there shall be inserted the following paragraph—

(ba) a National Park authority;

.

Parish members of English National Park authorities

3

• (1) The parish members of an English National Park authority shall be appointed by the Secretary of State.

• (2) A person shall not be appointed as a parish member of an English National Park authority unless he is—

• (a) a member of the parish council for a parish the whole or any part of which is comprised in the relevant Park; or

• (b) the chairman of the parish meeting of a parish—

• (i) which does not have a separate parish council; and

• (ii) the whole or any part of which is comprised in the relevant Park.

• (3) Subject to the following provisions of this Schedule, where a person who qualifies for his appointment by virtue of his membership of a parish council is appointed as a parish member of an English National Park authority, he shall hold office from the time of his appointment until he ceases to be a member of that parish council.

• (4A) Sub-paragraph (4B) applies to a person who retires from being a member of a parish council by virtue of an election.

• (4B) Sub-paragraph (3) does not terminate his office as member of a National Park authority until—

• (a) three months after he ceases to be a member of the parish council, or

• (b) if earlier, the day on which the National Park authority receives notice of a proposed replacement appointment;

but if he is re-elected he is eligible for re-appointment to the National Park authority.

• (5) Subject to the following provisions of this Schedule, where a person who qualifies for his appointment by virtue of his being the chairman of a parish meeting is appointed as a parish member of an English National Park authority, he shall hold office from the time of his appointment until he ceases to be the chairman of that parish meeting.

• (5A) Sub-paragraph (5B) applies to a person who retires from being chairman of a parish meeting by virtue of an election.

• (5B) Sub-paragraph (5) does not terminate his office as member of a National Park authority until—

• (a) three months after he retires from being chairman, or

• (b) if earlier, the day on which the National Park authority receives notice of a proposed replacement appointment;

but if he is re-elected as chairman he is eligible for re-appointment to the National Park authority.

• (7) Subject to the provisions of this Schedule, a parish member of an English National Park authority shall hold office in accordance with the terms of his appointment.

• (8) In this paragraph, “English National Park authority” means a National Park authority for a National Park in England.

Members (other than parish members) appointed by the Secretary of State

4

• (1) Before appointing any person as a member of a National Park authority the Secretary of State shall consult, according to whether the relevant Park is in England or in Wales, either Natural England or the Natural Resources Body for Wales.

• (2) Subject to the following provisions of this Schedule, a person appointed as a member of a National Park authority by the Secretary of State—

• (a) shall hold office for such period of not less than one year nor more than four years as may be specified in the terms of his appointment; but

• (b) on ceasing to hold office shall be eligible for re-appointment.

• (3) The term of office of a person appointed by the Secretary of State to fill such a vacancy in the membership of a National Park authority as occurs where a person appointed by the Secretary of State ceases to be a member of the authority before the end of his term of office may be for a period of less than one year if it is made to expire with the time when the term of office of the person in respect of whom the vacancy has arisen would have expired.

• (4) Subject to the provisions of this Schedule, a member of a National Park authority appointed by the Secretary of State shall hold office in accordance with the terms of his appointment.

• (5) This paragraph shall not apply to persons appointed as parish members of a National Park authority for a National Park in England or to their appointment as such members.

Chairman and deputy chairman

5

• (1) The members of a National Park authority shall elect, from amongst their members, both a chairman and a deputy chairman of the authority.

• (2) Subject to sub-paragraphs (3) and (4) below, the chairman and deputy chairman of a National Park authority shall be elected for a period not exceeding one year; but a person so elected shall, on ceasing to hold office at the end of his term of office as chairman or deputy chairman, be eligible for re-election.

• (3) A person shall cease to hold office as chairman or deputy chairman of a National Park authority if he ceases to be a member of the authority.

• (4) Where a vacancy occurs in the office of chairman or deputy chairman of a National Park authority, it shall be the duty of the members of that authority to secure that that vacancy is filled as soon as possible.

Removal of members

6

• (1) The Secretary of State may, by giving a local authority member of a National Park authority such written notice of the termination of his appointment as the Secretary of State considers appropriate, remove that member from office; but he shall do so only where he considers it appropriate to remove that member from office in consequence of the provisions of any order for varying either the area of the relevant Park or the number of local authority members of that authority .

• (2) The Secretary of State may remove from office any member of a National Park authority appointed by him, other than any parish member of a National Park authority for a National Park in England, either—

• (a) by giving that member three months’ written notice of the termination of the appointment; or

• (b) in such other manner as may be provided for in the terms of that member’s appointment.

• (3) The Secretary of State may remove from office any parish member of a National Park authority for a National Park in England either—

• (a) by giving that member such written notice of the termination of his appointment as the Secretary of State considers appropriate; or

• (b) in such other manner as may be provided for in the terms of that member’s appointment;

but a parish member shall only be removed from office in the manner mentioned in paragraph (a) above where the Secretary of State considers it appropriate to do so in consequence of the provisions of any order for varying either the area of the relevant Park or the number of parish members of the National Park authority in question.

Disqualification of members

7

• (1) A person is disqualified for becoming or remaining a member of a National Park authority if he holds any paid office or employment appointments to which are or may be made or confirmed by—

• (a) the authority itself or any council by whom a local authority member of the authority is appointed;

• (b) any committee or sub-committee of the authority or of any such council;

• (c) any joint committee on which the authority or any such council is represented;

• (d) as respects a National Park authority for a National Park in England—

• (i) any parish council for, or parish meeting of, a parish the whole or any part of which is comprised in the relevant Park;

• (ii) any committee or sub-committee of any such parish council or any committee of any such parish meeting; or

• (iii) any joint committee on which any such parish council or parish meeting is represented; or

• (e) any person himself holding an office or employment which disqualifies him for becoming a member of the authority.

• (2) A person is also disqualified for becoming or remaining a member of a National Park authority if he holds any employment in a company which, in accordance with Part V of the Local Government and Housing Act 1989 other than section 73, is under the control of that authority.

• (3) Section 92 of the 1972 Act (proceedings for disqualification) shall have effect in relation to a person who acts or claims to be entitled to act as a member of a National Park authority as it applies in relation to a person who acts or claims to be entitled to act as a member of a local authority, but as if—

• (a) references in that section to a local government elector for the area concerned were references to a local government elector for any principal area the whole or any part of which is comprised in the relevant Park; and

• (b) in subsection (6)(b) of that section (failure to deliver declaration of acceptance of office), the words from “of failure” to “or by reason” were omitted.

• (4) Sections 1 to 3A of the Local Government and Housing Act 1989 (disqualification of persons holding politically restricted posts) shall have effect as if a National Park authority were a local authority for the purposes of Part I of that Act.

• (5) In Part III of Schedule 1 to the House of Commons Disqualification Act 1975 (other disqualifying offices), in the entry inserted by section 1(2) of that Act of 1989 (politically restricted post), after “that Part” there shall be inserted “ or a National Park authority ”.

Vacation of office for failure to attend meetings

8

Section 85 of the 1972 Act (failure to attend meetings) shall have effect in relation to a National Park authority as it has effect in relation to a local authority.

Code of conduct for members

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Restrictions on voting on account of interests etc.

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Allowances and time off for members

11

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . .section 10 of that Act of 1989 (limit on paid leave for local authority duties) shall have effect as if a National Park authority were a relevant council for the purposes of that section.

Meetings and proceedings of the authority

12

• (1) The following provisions, that is to say—

• (a) the provisions of Part VI of Schedule 12 to the 1972 Act (proceedings and meetings of local authorities) and of section 99 of that Act so far as it relates to that Part of that Schedule; and

• (b) the provisions of section 100 of that Act (admission of the public and press),

shall have effect as if a National Park authority were a local authority for the purposes of those provisions.

• (2) In section 100J of the 1972 Act (bodies in addition to principal councils to which provisions as to access to meetings etc. apply)—

• (a) in subsection (1), after paragraph (cc) there shall be inserted the following paragraph—

(cd) a National Park authority;

• (b) in subsection (3), after “(cc)” there shall be inserted “ (cd) ”; and

• (c) in subsection (4)(aa)—

• (i) after “Navigation Committee” there shall be inserted “ or any National Park authority ”; and

• (ii) for “body which” there shall be substituted “ person who ”.

• (3) Section 20 of the Local Government and Housing Act 1989 (power to require adoption of certain procedural standing orders) shall have effect as if a National Park authority were a relevant authority for the purposes of that section.

• (4) The validity of any proceedings of a National Park authority shall not be affected by a vacancy amongst its members, by any defect in the appointment of a member of the authority or by the want of qualification, or the disqualification, of any such member.

Committees and sub-committees and officers

13

• (1) Sections 101 to 106 of the 1972 Act (arrangements for committees and sub-committees) shall have effect as if a National Park authority were a local authority for the purposes of those sections.

• (2) Accordingly, section 13 of the Local Government and Housing Act 1989 (voting rights of members of certain committees) shall have effect as if a National Park authority were a relevant authority for the purposes of that section.

• (3) It shall be the duty of a National Park authority, in relation to any committee or sub-committee to which this sub-paragraph applies, to secure—

• (a) that the membership of the committee or sub-committee consists of or includes both local authority members of the authority and at least one member appointed to the authority by the Secretary of State;

• (b) that the division of members of the authority who are members of the committee or sub-committee between—

• (i) local authority members, and

• (ii) members appointed to the authority by the Secretary of State,

is (as nearly as possible using whole numbers) in the same proportions as required, by virtue of paragraph 1(2) above, in the case of the authority itself; and

• (c) that the quorum of the committee or sub-committee includes at least one local authority member of the authority and at least one member appointed to the authority by the Secretary of State.

• (4) Sub-paragraph (3) above applies in the case of any National Park authority to the following committees and sub-committees, except those appointed under section 102(4) or (4A) of the 1972 Act (advisory committees), that is to say—

• (a) any committee or sub-committee of the authority;

• (b) any joint committee on which the authority is represented; and

• (c) any sub-committee of such a joint committee.

• (5) The proceedings of a committee or sub-committee to which sub-paragraph (3) above applies shall not be invalidated by any failure of a National Park authority to perform its duty under that sub-paragraph.

• (6) The provisions of sections 112 to 119 and 151 of the 1972 Act (staff of local authorities) and of section 30 of the Local Government (Miscellaneous Provisions) Act 1976 (power to forgo repayment of remuneration) shall have effect as if a National Park authority were a local authority for the purposes of those provisions.

• (7) The following provisions of the Local Government and Housing Act 1989 shall apply in relation to a National Park authority as they apply in relation to the authorities which are relevant authorities for the purposes of those provisions, that is to say—

• (a) section 4 (designation and reports of head of paid service);

• (b) section 5 (designation and reports of monitoring officer); and

• (c) with the omission of subsection (4)(d) (assistants for political groups), section 8 (standing orders with respect to staff);

and section 7 of that Act (staff to be appointed on merit) shall apply to any appointment to paid office or employment under a National Park authority as it applies to an appointment to paid office or employment under a body which is a local authority for the purposes of Part I of that Act.

• (8) Section 12 of that Act of 1989 (conflict of interest in staff negotiations) shall have effect as if references in that section to a local authority included references to a National Park authority.

National Park Officer

14

• (1) Every National Park authority for a National Park shall secure that there is at all times an officer appointed by that authority to be responsible to the authority for the manner in which the carrying out of its different functions is co-ordinated.

• (2) For the purposes of this paragraph a National Park authority may adopt—

• (a) any appointment which an existing authority has made under paragraph 15 of Schedule 17 to the 1972 Act in relation to any area wholly or partly comprised in the relevant Park; or

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) Before making or adopting an appointment under this paragraph or assigning additional responsibilities to a person holding such an appointment, a National Park authority shall consult, according to whether the Park in question is in England or in Wales, either Natural England or the Natural Resources Body for Wales.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) A person who holds office with a National Park authority by virtue of an appointment made or adopted under this paragraph—

• (a) may at the same time hold the office of head of that authority’s paid service, the office of monitoring officer in relation to that authority or both those offices; but

• (b) shall not at the same time be that authority’s chief finance officer (within the meaning of section 5 of the Local Government and Housing Act 1989) or hold any office under any principal council.

• (6) An officer holding office with a National Park authority by virtue of an appointment made or adopted under this paragraph shall be known as a National Park officer.

Personal liability of members and officers

15

Section 265 of the Public Health Act 1875 (personal liability of members and officers of certain authorities) shall have effect as if—

• (a) a National Park authority were an authority such as is mentioned in that section;

• (b) the references in that section to a member of the authority included, in relation to a National Park authority, references to any person who is not such a member but for the time being serves as a member of a committee or sub-committee of such an authority;

• (c) the references in that section to the purpose of executing that Act and to the purposes of that Act were each, in relation to a National Park authority, references to the purpose of carrying out the functions of that authority by virtue of Part III of this Act; and

• (d) the words “or rate” were omitted.

Liaison with parish and community councils

16

A National Park authority shall make arrangements—

• (a) in the case of a National Park in England, with each parish council the area of which is comprised wholly or partly within the Park, or

• (b) in the case of a National Park in Wales, with each community council the area of which is so comprised,

for the purpose of informing and consulting that council about the authority’s discharge of its functions.

Documents, notices, records, byelaws etc.

17

• (1) The Local Government (Records) Act 1962 shall have effect in relation to a National Park authority as if that authority were a local authority for the purposes of that Act.

• (2) Subject to sub-paragraph (3) below, the following provisions of the 1972 Act, that is to say—

• (a) sections 224 and 225(1) (custody and deposit of documents with a proper officer of the local authority),

• (b) sections 228 and 229 (inspection of documents and photocopies),

• (c) section 230 (reports and returns),

• (d) sections 231 , 232 (other than subsection (1)(c)), 233 and 234 (service and authentication of documents), and

• (e) without prejudice to their application by virtue of any other provision of Part III of this Act, in the case of National Park authorities in England, sections 236 to 238 (byelaws),

shall have effect as if for the purposes of those provisions a National Park authority were a local authority or, in the case of section 224, a principal council.

• (3) References in section 228 of the 1972 Act to a local government elector shall have effect for the purposes of that section as applied by sub-paragraph (2) above as if, in relation to a National Park authority, they were references to a local government elector for any principal area the whole or any part of which is comprised in the relevant Park.

• (4) Section 41 of the Local Government (Miscellaneous Provisions) Act 1976 (evidence of resolutions and minutes of proceedings) shall have effect as if a National Park authority were a local authority for the purposes of that Act.

• (5) Where a National Park authority in England has made any byelaws and those byelaws have been confirmed, that authority shall send a copy of the byelaws as confirmed to every council for a principal area the whole or any part of which is comprised in the relevant Park.

Investigation in connection with maladministration etc.

18

• (1) In section 25(1) of the Local Government Act 1974 (bodies subject to investigation under Part III of that Act), after paragraph (aa) there shall be inserted the following paragraph—

(ab) a National Park authority;

.

• (2) In section 26(7) of that Act (no investigation where complaint relates to all or most of the inhabitants of an area), before paragraph (a) there shall be inserted the following paragraph—

(aa) where the complaint relates to a National Park authority, the area of the Park for which it is such an authority;

.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Audit by Audit Commission auditor etc.

19

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Meaning of “relevant order”

20

In this Schedule “the relevant order”, in relation to a National Park authority, means—

• (a) the order under section 63 of this Act establishing that authority;

• (b) any order under that section relating to that authority; or

• (c) any order made in relation to that authority in exercise of the power to amend an order under that section.

SCHEDULE 8

Powers in relation to land etc.

1

• (1) Subject to sub-paragraph (2) below, the following provisions, that is to say—

• (a) sections 120, 122 and 123 of the 1972 Act (powers of local authorities to acquire and dispose of land), and

• (b) sections 128 to 131 of that Act (general provisions in relation to land transactions),

shall have effect as if, for the purposes of those provisions, a National Park authority were a principal council and the relevant Park were the authority’s area.

• (1A) The reference in sub-paragraph (1) to section 123 of the 1972 Act is to be interpreted as a reference to that section as amended by section 2 of the Playing Fields (Community Involvement in Disposal Decisions) (Wales) Measure 2010 in so far as that sub-paragraph applies to a National Park authority for a National Park in Wales.

• (2) The following provisions of the Local Government (Miscellaneous Provisions) Act 1976, that is to say—

• (a) section 13 (compulsory acquisition of rights over land),

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) section 16 (obtaining information about land), and

• (d) section 29 (repayment of unclaimed compensation),

shall apply in relation to a National Park authority as if the authority were a local authority for the purposes of that Act.

• (3) Section 33 of the Local Government (Miscellaneous Provisions) Act 1982 (enforceability by local authorities of certain covenants relating to land) shall have effect as if references to a principal council included references to a National Park authority and as if the relevant Park were that authority’s area; and for the purposes of this paragraph the reference in subsection (1) of that section to section 111 of the 1972 Act shall have effect as a reference to section 65 of this Act.

• (4) This paragraph shall be without prejudice to any power conferred on a National Park authority by virtue of paragraph 2 below.

2

• (1) After section 244 of the Town and Country Planning Act 1990 (powers of joint planning boards) there shall be inserted the following section—

(244A) (1) A National Park authority shall, on being authorised to do so by the Secretary of State, have the same power to acquire land compulsorily as the local authorities to whom section 226 applies have under that section. (2) A National Park authority shall have the same power to acquire land by agreement as the local authorities mentioned in subsection (1) of section 227 have under that subsection. (3) Sections 226(1) and (7), 227, 229, 230, 232, 233 and 235 to 242 shall apply with the necessary modifications as if a National Park authority were a local authority to which those sections applied and as if the Park in relation to which it carries out functions were the authority’s area.

• (2) Every such reference in that Act to the acquisition or appropriation of land for planning purposes as falls to be construed in accordance with section 246 of that Act shall be taken (so far as it would not otherwise do so) to include a reference to an acquisition or appropriation of land under any power conferred by virtue of sub-paragraph (1) above.

• (3) The following provisions of that Act, that is to say—

• (a) sections 251(1), 258(1), 260(1), 261, 271, 272 and 274 (extinguishing rights of way and other rights), and

• (b) sections 275 and 276 (extension and modification of functions of statutory undertakers), ...

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

shall have effect as if a National Park authority were a local authority for the purposes of that Act.

• (4) The reference to a local authority in section 66(2) of the Planning (Listed Buildings and Conservation Areas) Act 1990 (which refers to the powers of a local authority under sections 232, 233 and 235(1) of the Town and Country Planning Act 1990) shall include a reference to a National Park authority.

Miscellaneous transactions and powers

3

• (1) The following provisions of the 1972 Act shall also have effect as if a National Park authority were a principal council for the purposes of that Act and as if the relevant Park were the authority’s area, that is to say—

• (a) section 132 (use of premises);

• (b) section 135 (contracts of local authorities);

• (c) section 136 (contributions towards expenditure on concurrent functions);

• (d) section 139 (acceptance of gifts of property);

• (e) sections 140, 140A and 140C (insurance);

• (f) section 143 (subscriptions to local government associations); and

• (g) sections 222 and 223 (conduct of prosecutions and participation in other legal proceedings).

• (1A) Sections 138A and 138B of the 1972 Act (powers in connection with belief-related observances) have effect as if a National Park authority were a local authority for the purposes of those sections.

• (2) Section 38 of the Local Government (Miscellaneous Provisions) Act 1976 (use of spare capacity of local authority computers) shall have effect as if a National Park authority were a local authority for the purposes of that Act.

• (3) Section 41 of the Local Government (Miscellaneous Provisions) Act 1982 (lost property) shall have effect as if a National Park authority were a local authority for the purposes of that Act.

• (4) Section 45 of that Act of 1982 (arrangements under the Employment and Training Act 1973) shall have effect as if a National Park authority were a local authority to which that section applies.

Transfer of securities on alteration of area

4

Section 146 of the 1972 Act (transfer of securities on alteration of area) shall have effect as if a National Park authority were a local authority for the purposes of that Act and as if the reference in subsection (1)(b) of that section to an enactment similar to a provision of the 1972 Act included a reference to any provision of Part III of this Act.

The Local Authorities (Goods and Services) Act 1970

5

The Local Authorities (Goods and Services) Act 1970 (supply of goods and services by local authorities) shall have effect as if a National Park authority were both a local authority and a public body for the purposes of that Act.

Power to execute works outside Park

6

Any power to execute works which is conferred on a National Park authority by virtue of Part III of this Act or any other enactment shall be taken, except in so far as the contrary intention appears, to include power, for the purposes of the carrying out of the authority’s functions in relation to the relevant Park, to execute works of the relevant description outside, as well as inside, that Park.

Power to promote Bills

7

• (1) Section 239 of the 1972 Act (power of local authority to promote local or personal Bills) shall have effect in relation to a National Park authority as if it were a local authority for the purposes of that Act and as if the relevant Park were the authority’s area.

• (2) A National Park authority shall have no power by virtue of Part III of this Act to promote a Bill for—

• (a) modifying the area of any National Park or any local government area;

• (b) modifying the authority’s own constitution or that of any other National Park authority; or

• (c) modifying the status or the electoral arrangements of any such local government area.

• (3) In sub-paragraph (2) above—

• “electoral arrangements” means any electoral arrangements within the meaning of Part 3 of the Local Democracy, Economic Development and Construction Act 2009 or any corresponding arrangements in relation to any area in Wales; and

• “local government area” means the area of any principal council (within the meaning of that Part) or parish council or any area in Wales for which any council carries out functions of local government.

Competitive tendering etc.

8

• (1) Part III of the Local Government, Planning and Land Act 1980 (direct labour organisations) shall have effect in relation to a National Park authority as if such an authority were a local authority for the purposes of that Part.

• (2) In section 1(1) of the Local Government Act 1988 (defined authorities for the purposes of the provisions of that Act relating to competition), after paragraph (a) there shall be inserted the following paragraph—

(aa) a National Park authority;

.

• (3) In Schedule 2 to that Act of 1988 (bodies to which Part II of that Act applies), after the entry relating to the Broads Authority there shall be inserted— “ Any National Park authority ”.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) References in sections 8 to 10 of the Local Government Act 1992 (competition) to any provisions of that Act of 1980 or of that Act of 1988 shall include references to those provisions as they have effect by virtue of this paragraph.

Restrictions on publicity

9

Part II of the Local Government Act 1986 (restrictions on publicity) shall have effect as if a National Park authority were a local authority for the purposes of that Part.

Provisions applying in relation to companies in which authorities have interests

10

In section 67(3) of the Local Government and Housing Act 1989 (local authorities for the purposes of Part V of that Act), after paragraph (m) there shall be inserted the following paragraph—

(ma) a National Park authority;

.

Provisions as to charges

11

In section 152(2) of that Act of 1989 (provisions as to charges), after paragraph (j) there shall be inserted the following paragraph—

(ja) a National Park authority;

and section 151 of that Act (power to amend existing provisions as to charges) shall have effect as if references to an existing provision included references to any such provision as applied by Part III of this Act.

Service agency agreements

12

Section 25 of the Local Government (Wales) Act 1994 (service agency agreements) shall have effect as if a National Park authority for any National Park in Wales were a new principal council for the purposes of that section.

Contracting out

13

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 9

Common land etc.

1

• (1) The enactments specified in sub-paragraph (2) below shall have effect in relation to any registered common which—

• (a) is within any National Park for which a National Park authority is the local planning authority, and

• (b) is not owned by, or vested in, any other body which is a local authority,

as if the National Park authority were a local authority for the purposes of those enactments and as if the relevant Park were that authority’s area.

• (2) The enactments mentioned in sub-paragraph (1) above are—

• (a) section 1 of the Commons Act 1899 (scheme for regulation);

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) section 23 of and Schedule 2 to the Caravan Sites and Control of Development Act 1960 (power of district council to prohibit caravans on commons) or section 57 of and Schedule 3 to the Mobile Homes (Wales) Act 2013 (power of local authority in Wales to prohibit caravans on commons) ; and

• (d) section 45 of the Commons Act 2006 (protection of unclaimed common land).

• (3) In the Commons Act 1899 references to the council by which a scheme is made under section 1 of that Act shall be construed accordingly; and the powers conferred by sections 7 and 12 of that Act (acquisition of land and contributions to expenses) shall be exercisable by a National Park authority in relation to the relevant Park as they are exercisable by a district council in relation to their district.

• (4) A National Park authority shall have the same power to make an application under section 18 of the Commons Act 1899 (modification of provisions for recreation grounds) as a local authority.

• (5) References in this paragraph, in relation to an enactment specified in sub-paragraph (2) above or to any enactment contained in section 18 of the Commons Act 1899, to a local authority are references to any such local authority, within the meaning of the 1972 Act, as has functions conferred on it by or by virtue of that enactment.

• (6) In this paragraph “registered common” means any land registered as common land or as a town or village green under Part 1 of the Commons Act 2006.

Open spaces

2

The Open Spaces Act 1906 shall have effect as if references in that Act to a local authority included references to a National Park authority.

Nature reserves

3

Sections 21 and 22 of the National Parks and Access to the Countryside Act 1949 (establishment of nature reserves and application of enactments to local authority reserves) shall have effect as if the bodies on whom powers are conferred by section 21 of that Act included every National Park authority and as if the relevant Park were the authority’s area; and references in those sections to a local authority and to their area shall be construed accordingly.

Caravan sites

4

In the Caravan Sites and Control of Development Act 1960—

• (a) section 24 (power to provide sites for caravans), and

• (b) paragraph 11 of Schedule 1 to that Act (no licence required for land occupied by a local authority),

shall have effect as if a National Park authority were a local authority for the purposes of that Act and as if the relevant Park were that authority’s area.

4A

In the Mobile Homes (Wales) Act 2013—

• (a) section 56 (power of local authority to provide mobile home sites), and

• (b) paragraph 11 of Schedule 1 (no site licence required by land owned by local authority),

shall have effect as if a National Park Authority were a local authority for the purposes of that Act and as if the relevant Park were that Authority's area.

Country Parks

5

The Countryside Act 1968 shall have effect as if a National Park authority were a local authority for the purposes of—

• (a) sections 6 to 8 of that Act (country parks);

• (b) section 9 of that Act (powers exercisable over or near common land); and

• (c) section 41 of that Act (byelaws) in so far as it has the effect in relation to—

• (i) any country park provided under section 7 of that Act, or

• (ii) any land as respects which any powers under section 9 of that Act have been exercised,

of conferring powers on a local authority or of applying provisions of section 92 of the National Parks and Access to the Countryside Act 1949 (wardens);

and the references to a local authority in sections 43 to 45 of that Act of 1968 (general provisions as to the powers of local authorities) shall have effect accordingly.

Provision of information and encouragement of visitors

6

Sections 142 and 144 of the 1972 Act (provision of information about local services and encouragement of visitors) shall have effect (subject to paragraph 9 of Schedule 8 to this Act) as if a National Park authority were a local authority for the purposes of that Act and as if the relevant Park were the authority’s area.

Derelict land etc.

7

The provisions of section 16 of the Welsh Development Agency Act 1975 and of section 1 of the Derelict Land Act 1982 (powers for the improvement of land) shall have effect in relation to land in a National Park for which a National Park authority is the local planning authority as if references in those provisions to a local authority included references to the National Park authority and as if the relevant Park were the authority’s area.

Recreational facilities

8

Section 19 of the Local Government (Miscellaneous Provisions) Act 1976 (recreational facilities) shall have effect as if the powers conferred by that section on local authorities were also conferred, so as to be exercisable within a National Park for which a National Park authority is the local planning authority, on that authority.

Refuse Disposal

9

• (1) Subject to sub-paragraph (2) below, references to a local authority in the Refuse Disposal (Amenity) Act 1978 shall have effect in relation to land in a National Park for which a National Park authority is the local planning authority as if they included references to that authority and as if the relevant Park were the authority’s area.

• (2) Sub-paragraph (1) above shall not apply, in relation to any time before the coming into force of the repeal of section 1 of that Act, to any reference in that section.

Ancient Monuments and Archaeological Areas

10

• (1) Subject to sub-paragraph (2) below, Parts I and II of the Ancient Monuments and Archaeological Areas Act 1979 shall have effect as if in relation—

• (a) to any monument in a National Park for which a National Park authority is the local planning authority, or

• (b) to any area the whole or any part of which is comprised in such a Park,

the references in those Parts to a local authority included references to that National Park authority.

• (2) Section 35 of that Act (notice of operations affecting area of archaeological importance) shall have effect in relation to land in such a National Park as is mentioned in sub-paragraph (1) above as if—

• (a) any notice required to be served on a local authority under that section were required, instead, to be served on the National Park authority; and

• (b) the functions conferred on a local authority by virtue of that section had been conferred instead on the National Park authority.

• (3) Section 45(2) and (3) of that Act (assistance for archaeological investigations) shall have effect as if a National Park authority were a local authority for the purposes of that Act and as if the relevant Park were the authority’s area.

Footpaths and bridleways

11

The following provisions of the Highways Act 1980, that is to say—

• (a) sections 25 to 29 (footpaths and bridleways),

• (b) section 72(2) (widening of public paths),

• (c) sections 118 to 121E (stopping up and diversion of public paths, etc.), except sections 118B and 119B (stopping up and diversion for purposes of crime prevention, etc.), and

• (d) Schedule 6 (procedure for orders),

shall have effect as if references in those sections to a local authority or council included references to a National Park authority and as if the relevant Park were the authority’s area.

Litter

12

The following provisions, that is to say—

• (a) section 4 of the Litter Act 1983 (consultations and proposals for the abatement of litter), and

• (b) section 88 of the Environmental Protection Act 1990 (fixed penalty notices for leaving litter),

shall have effect as if a National Park authority were a litter authority for the purposes of those provisions, as if the relevant Park were the authority’s area and as if the reference in that section 4 to the authority’s area were a reference to any part of the relevant Park.

Listed and historic buildings

13

• (1) In the case of a building situated in a National Park for which a National Park authority is the local planning authority, that authority and no other authority shall be the appropriate authority for the purposes of sections 47 to 51 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (purchase of listed buildings etc in need of repair); and the reference to a local authority in section 88(5) of that Act (rights of entry) ... shall have effect accordingly.

• (2) In relation to any building or land in any such National Park, the powers conferred on a county council or county borough council by section 52 of that Act of 1990 (power to acquire building and land by agreement) shall be exercisable by the National Park authority, and not (without prejudice to their powers apart from that section) by any other authority; and subsection (2) of that section shall have effect accordingly.

• (3) Section 53(1) of that Act (management of listed buildings etc. acquired under the Act) shall apply in relation to the powers conferred by virtue of this paragraph on a National Park authority as it applies in relation to the powers conferred by sections 47 and 52 of that Act on a local authority.

• (4) That Act shall have effect as if a National Park authority were a local authority for the purposes of—

• (a) sections 54 and 55 of that Act (urgent works to preserve listed buildings etc.), and

• (b) sections 57 and 58 of that Act (power of local authorities to contribute towards preservation of listed buildings etc.),

and, in relation to those provisions, as if the relevant Park were the authority’s area.

• (5) In relation to the powers conferred on a National Park authority by virtue of this paragraph, section 88 of that Act (powers of entry) shall have effect as if references in that section to a local authority included references to a National Park authority.

• (6) References to a local authority in section 90(1) to (4) of that Act (financial provisions) shall be deemed to include references to a National Park authority.

Hazardous substances

14

• (1) For the purposes of the Planning (Hazardous Substances) Act 1990, where a National Park authority is the local planning authority for any National Park, that authority, and no other authority, shall be the hazardous substances authority for land in the relevant Park.

• (2) References to a local authority in sections 12 and 38(1) to (4) of that Act (government consent to local authority activities and financial provisions) shall be deemed to include references to a National Park authority.

Local Charities

15

Sections 294 to 297 of the Charities Act 2011 (local charities) shall have effect as if the references to a council for any area included references to a National Park authority and as if the relevant Park were the authority’s area.

Overseas Assistance

16

The Local Government (Overseas Assistance) Act 1993 shall have effect as if a National Park authority were a local authority for the purposes of that Act.

SCHEDULE 10

The Finance Act 1931 (c. 28)

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The National Parks and Access to the Countryside Act 1949 (c. 97)

2

• (1) In section 6 of the National Parks and Access to the Countryside Act 1949 (general duties of Countryside Commission and the Countryside Council for Wales as respects the National Parks)—

• (a) in subsection (3)—

• (i) in paragraph (a), before “local authorities” there shall be inserted “ National Park authorities and ”; and

• (ii) in paragraph (b), before “local authority” there shall be inserted “ National Park authority ”;

and

• (b) in subsection (6), after “means” there shall be inserted the words “ a National Park authority or ”.

• (2) In section 7 of that Act—

• (a) in subsection (5) (bodies consulted about variation of the area of a National Park), after “consult with” there shall be inserted “ any National Park authority for the Park in question and with ”; and

• (b) in subsection (6) (notices), after “as the case may be” there shall be inserted “ at the offices (where the order is for the variation of an order designating a Park) of any National Park authority for the Park in question ”.

• (3) In section 9(1) of that Act (local planning authority to consult Countryside Commission or Countryside Council for Wales about proposals for a development plan affecting a National Park), for “the local planning authority” there shall be substituted “ the authority or authorities who are required to prepare the plan or, as the case may be, who are entitled to alter or add to it ”.

• (4) In section 12(1) of that Act (provision in a National Park of facilities) for “provision in” there shall be substituted “ provision for ”.

• (5) In subsection (4) of section 51 of that Act (consultation as to proposals for a long distance route)—

• (a) after the word “every”, in the first place where it occurs, there shall be inserted “ National Park authority, ”;

• (b) after “whose” there shall be inserted “ Park or ”; and

• (c) after “every such” there shall be inserted “ authority, ”;

and in subsection (5) of that section (report to contain estimates of capital outlay by local authorities), after “local authorities” there shall be inserted “ and National Park authorities ”.

• (6) In section 52(2) of that Act (notice of determination as to any proposals on long distance routes)—

• (a) after “every” there shall be inserted “ National Park authority ”; and

• (b) after “whose” there shall be inserted “ Park or ”.

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (8) In section 114(2) of that Act (construction of references to the preservation of the natural beauty of an area) after the word “preservation”—

• (a) in the first place where it occurs, there shall be inserted the words “ , or the conservation, ”, and

• (b) in the second place where it occurs, there shall be inserted the words “ or, as the case may be, the conservation ”.

• (9) In Schedule 1 to that Act (procedure for certain orders)—

• (a) in paragraph 1, after sub-paragraph (3) there shall be inserted the following sub-paragraph—

(3A) Where under this paragraph any notice is required to be given by any person in respect of any land which is already in a National Park for which a National Park authority is the local planning authority, that person shall serve a copy of that notice on that authority.

;

• (b) in paragraph 2(5), after “the Council” there shall be inserted “ a National Park authority, ”;

• (c) in paragraph 3(a), after “under sub-paragraph” there shall be inserted “ (3A) or ”; and

• (d) after paragraph 3 there shall be inserted the following paragraph—

(3A) An order designating a National Park shall have effect as from such time as may be determined by the Minister and specified in the notice of the confirmation of that order.

The Landlord and Tenant Act 1954 (c. 56)

3

In section 69(1) of the Landlord and Tenant Act 1954 (interpretation), in the definition of “local authority”, for the words from “has the same meaning” to “Broads Authority” there shall be substituted “ means any local authority within the meaning of the Town and Country Planning Act 1990, any National Park authority, the Broads Authority or ”.

The Land Compensation Act 1961 (c. 33)

4

• (1) Paragraph 55(2) of Schedule 16 to the 1972 Act (which relates to the operation of section 17 of the Land Compensation Act 1961 in a National Park) shall not apply in the case of a National Park for which a National Park authority is the local planning authority.

• (2) In section 39(1) of that Act of 1961 (interpretation), for the definition of “local planning authority” there shall be substituted the following definition—

“local planning authority” shall be construed in accordance with Part I of the Town and Country Planning Act 1990;

.

The Trustee Investments Act 1961 (c. 62)

5

In section 11 of the Trustee Investments Act 1961 (local authority investment schemes), in subsection (4)(a), after “the Broads Authority” there shall be inserted “ a National Park authority ”.

The Agriculture Act 1967 (c. 22)

6

In section 50(3) of the Agriculture Act 1967 (bodies transfers to whom are not subject to section 49), after paragraph (a) there shall be inserted the following paragraph—

(aa) a National Park authority;

.

The Leasehold Reform Act 1967 (c. 88)

7

In section 28 of the Leasehold Reform Act 1967 (retention or resumption of land required for public purposes), in subsection (5), after paragraph (aa) there shall be inserted the following paragraph—

(ab) to any National Park authority; and

.

The Countryside Act 1968 (c. 41)

8

• (1) In section 4(1) of the Countryside Act 1968 (experimental projects and schemes) after “local authorities” there shall be inserted “ National Park authorities ”.

• (2) In section 12(1) of that Act (provision in National Park of facilities), for “provision in” there shall be substituted “ provision for ”.

• (3) In section 13(12) of that Act (enforcement of byelaws), for “in the area of that other local authority” there shall be substituted “ for an area that includes any part of the National Park in question ”.

The Employers Liability (Compulsory Insurance) Act 1969 (c. 57)

9

In section 3 of the Employers Liability (Compulsory Insurance) Act 1969 (employers exempted from insurance), in subsection (2), after “the Broads Authority” there shall be inserted “ a National Park authority ”.

The 1972 Act

10

• (1) In subsection (1)(a) of section 80 of the 1972 Act (disqualification for persons holding appointments made or confirmed by a local authority or connected authority), after “joint committee” there shall be inserted “ or National Park authority ”; and after subsection (2) of that section there shall be inserted the following subsections—

(2A) Subsection (2) above shall have effect as if the reference to a joint board included a reference to a National Park authority. (2B) For the purposes of this section a local authority shall be treated as represented on a National Park authority if it is entitled to make any appointment of a local authority member of the National Park authority.

• (2) In section 184 of the 1972 Act (functions under countryside legislation)—

• (a) at the beginning of subsection (1) there shall be inserted the words “ Subject to section 68 of the Environment Act 1995 (planning authority functions under National Parks legislation to be functions of National Park authorities in certain cases), ”; and

• (b) in paragraph (b) of that subsection, for the words “subsections (6) to (8) below” there shall be substituted the words “ subsections (7) and (8) below ”.

• (3) In subsection (3) of that section, for the words “sections 9 and 11” there shall be substituted the words “ section 9 ”.

The Employment Agencies Act 1973 (c. 35)

11

In section 13(7) of the Employment Agencies Act 1973 (cases in which Act does not apply), after paragraph (ff) there shall be inserted the following paragraph —

(fg) the exercise by a National Park authority of any of its functions;

.

The Health and Safety at Work etc. Act 1974 (c. 37)

12

In section 28 of the Health and Safety at Work etc. Act 1974 (restrictions on disclosure of information), for subsection (10) there shall be substituted the following subsection—

(10) The Broads Authority and every National Park authority shall be deemed to be local authorities for the purposes of this section.

The Welsh Development Agency Act 1975 (c. 70)

13

• (1) In section 1(14) of the Welsh Development Agency Act 1975 (consultation by Agency with local authorities and other bodies), after “local authorities” there shall be inserted “ National Park authorities ”.

• (2) In subsections (1) and (2) of section 5 of that Act (assistance to the Agency from other bodies), after “local authority”, in each case, there shall be inserted “ a National Park authority ”.

• (3) In section 15(1) of that Act (which refers to consultation under section 1(14)), after “local authorities” there shall be inserted “ National Park authorities ”.

Local Land Charges Act 1975 (c. 76)

14

In sections 1 and 2 of the Local Land Charges Act 1975 (obligations that are and are not local land charges), after the words “local authority”, in each place where they occur, there shall be inserted “ or National Park authority ”.

The Race Relations Act 1976 (c. 74)

15

• (1) In section 19A of the Race Relations Act 1976 (discrimination in planning), in subsection (2)(a) (definition of “planning authority”), after “the Broads Authority” there shall be inserted “ a National Park authority or ”.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Development of Rural Wales Act 1976 (c. 75)

16

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Rent (Agriculture) Act 1976 (c. 80)

17

In section 5(3) of the Rent (Agriculture) Act 1976 (no statutory tenancy where landlord’s interest belongs to Crown or local authority etc.), after paragraph (bc) there shall be inserted the following paragraph—

(bd) any National Park authority;

.

The Rent Act 1977 (c. 42)

18

In section 14 of the Rent Act 1977 (exemption from protection for lettings by local authorities etc.), after paragraph (bb) there shall be inserted the following paragraph—

(bc) a National Park authority;

.

The Justices of the Peace Act 1979 (c. 55)

19

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Local Government, Planning and Land Act 1980 (c. 65)

20

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Acquisition of Land Act 1981 (c. 67)

21

• (1) In section 17(3) of the Acquisition of Land Act 1981 (special Parliamentary procedure not to apply to compulsory acquisition by certain bodies), after “subsection (4) below)” there shall be inserted “ , a National Park authority ”.

• (2) In paragraph 4(3) of Schedule 3 to that Act (which makes similar provision in relation to the acquisition of rights), after “sub-paragraph (4) below)” there shall be inserted “ , a National Park authority ”.

The Wildlife and Countryside Act 1981 (c. 69)

22

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) In section 41(5A) of that Act (duties of agriculture Ministers with respect to the countryside to have effect in relation to the Broads as if the Broads were a National Park), at the end there shall be inserted “ (and, as respects land within the Broads, any reference in this section to the relevant authority is accordingly a reference to the Broads Authority). ”

• (3) In section 42 of that Act (notification of agricultural operations on moor and heath), for the words “local planning authority”, wherever they occur, there shall be substituted “ National Park authority ”.

• (4) In section 44 of that Act (grants and loans for National Parks purposes)—

• (a) in subsection (2), for “a local planning authority” there shall be substituted “ the authority in question ”;

• (b) in subsection (3), for “A local planning authority” there shall be substituted “ The authority in question ”; and

• (c) in subsection (4), for the words from “county planning authority” onwards there shall be substituted “ National Park authority and the Broads as a National Park for which it is the local planning authority ”.

• (5) In section 51(2)(c) of that Act (definition of “relevant authority” in relation to the exercise of powers of entry for the purposes of section 42), for “local planning authority” there shall be substituted “ National Park authority ”.

• (6) In section 52(2) of that Act (construction of references to a local planning authority), after “except as respects” there shall be inserted “ a National Park for which a National Park authority is the local planning authority, ”.

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The County Courts Act 1984 (c. 28)

23

In section 60(3) of the County Courts Act 1984 (right of audience for proper officer of local authority in certain circumstances), after “the Broads Authority” there shall be inserted “ any National Park authority, ”.

The Housing Act 1985 (c. 68)

24

• (1) In section 43 of the Housing Act 1985 (consent of the Secretary of State required for certain disposals by local authorities), after subsection (5) there shall be inserted the following subsection—

(5A) References in this section and in section 44 to a local authority shall include references to a National Park authority.

• (2) In section 45(2)(b) of that Act (definition of “public sector authority” for the purposes of provisions relating to service charges after disposal), after “a local authority” there shall be inserted— “ a National Park authority ”.

• (3) In section 573 of that Act (definition of “public sector authority” for the purposes of assisting the owners of defective housing), after the entry relating to joint boards there shall be inserted the following entry—

a National Park authority (or a predecessor of such an authority),

.

The Landlord and Tenant Act 1985 (c. 70)

25

• (1) In sections 14(4) and 26(1) of, and in paragraph 9(1) of the Schedule to, the Landlord and Tenant Act 1985 (provisions excluding operation of certain provisions in the case of public sector housing), after “a local authority”, in each case, there shall be inserted— “ a National Park authority ”.

• (2) In section 28(6) of that Act (meaning of “qualified accountant” in the case of public sector landlords), after “local authority” there shall be inserted “ National Park authority ”.

• (3) In section 31(3) of that Act (reserve powers to limit rents), in the definition of “rent”, after “local authorities” there shall be inserted “ National Park authorities ”.

The Landlord and Tenant Act 1987 (c. 31)

26

In section 58(1) of the Landlord and Tenant Act 1987 (exempt landlords), after paragraph (dd) there shall be inserted the following paragraph—

(de) a National Park authority;

.

The Norfolk and Suffolk Broads Act 1988 (c. 4)

27

In Schedule 3 to the Norfolk and Suffolk Broads Act 1988 (functions of the Broads authority), in paragraph 43, for the words from “as a local authority” onwards there shall be substituted “ for the purposes of the Derelict Land Act 1982 as a National Park authority and the Broads as a National Park for which it is the local planning authority ”.

The Housing Act 1988 (c. 50)

28

In paragraph 12(2) of Schedule 1 to the Housing Act 1988 (meaning of “local authority” for the purposes of determining the tenancies to be treated as local authority tenancies), after paragraph (d) there shall be inserted the following paragraph—

(da) a National Park authority;

.

The Road Traffic Act 1988 (c. 52)

29

In section 144(2)(a)(i) of the Road Traffic Act 1988 (exemptions from requirement of third party insurance or security), after “London borough” there shall be inserted “ a National Park authority ”.

The Electricity Act 1989 (c. 29)

30

• (1) Paragraph 2(6) of Schedule 8 to the Electricity Act 1989 (definition of “relevant planning authority” for the purposes of consents under that Act) shall be amended in accordance with the following provisions of this paragraph.

• (2) In this paragraph “the 1994 amendment” means the omission of the words “and Wales” in paragraph (a) of the said paragraph 2(6) by paragraph 22 of Schedule 6 to the Local Government (Wales) Act 1994.

• (3) If the 1994 amendment comes into force after this paragraph, then—

• (a) in paragraph (a) of the said paragraph 2(6), for the words “England and Wales” there shall be substituted the words “ land in England and Wales which is not in a National Park for which a National Park authority is the local planning authority ”;

• (b) after that paragraph (a) there shall be inserted the following paragraph—

(aa) in relation to land in England and Wales which is in a National Park for which a National Park authority is the local planning authority, means that National Park authority; and

; and

• (c) the 1994 amendment shall have effect in relation to the said paragraph (a) as amended by paragraph (a) above, and on the coming into force of the 1994 amendment the words “and Wales” shall also be omitted from the paragraph (aa) inserted by paragraph (b) above.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) The paragraph (aa) inserted by paragraph 22 of Schedule 6 to the Local Government (Wales) Act 1994 shall be re-numbered “(ab)”.

The Local Government and Housing Act 1989 (c. 42)

31

• (1) In section 21(1) of the Local Government and Housing Act 1989 (interpretation of Part I) the word “and” immediately preceding paragraph (m) shall be omitted and after that paragraph there shall be added

and (n) a joint planning board constituted for an area in Wales outside a National Park by an order under section 2(1B) of the Town and Country Planning Act 1990.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) In section 67(3) of that Act (local authorities for the purposes of Part V) the word “and” at the end of paragraph (o) shall be omitted and after that paragraph there shall be inserted—

(oo) a joint planning board constituted for an area in Wales outside a National Park by an order under section 2(1B) of the Town and Country Planning Act 1990; and

.

• (4) In section 152(2) of that Act (relevant authorities for the purposes of imposing certain charges) the word “and” immediately preceding paragraph (l) shall be omitted and after that paragraph there shall be added

and (m) a joint planning board constituted for an area in Wales outside a National Park by an order under section 2(1B) of the Town and Country Planning Act 1990.

• (5) In paragraph 2(1)(b) of Schedule 1 to that Act (bodies to which appointments are made taking account of political balance) for “paragraphs (k) and (m)” there shall be substituted “ paragraphs (k), (m) and (n) ”.

The Town and Country Planning Act 1990 (c. 8)

32

• (1) In paragraph (a) of section 1(5) of the Town and Country Planning Act 1990 (provisions to which subsections (1) to (4) are subject)—

• (a) for “sections 5 to” there shall be substituted “ sections 4A to ”; and

• (b) at the end there shall be inserted “ and ”.

• (2) In section 2 of that Act (joint planning boards), before subsection (2) of that section there shall be inserted the following subsection—

(1D) The areas that may be constituted as a united district for the purposes of this section shall not include the whole or any part of an area which is comprised in a National Park for which there is a National Park authority.

• (3) In section 4 of that Act (National Parks), after subsection (4) there shall be inserted the following subsection—

(5) This section shall have effect subject to section 4A below.

• (4) In sections 90(1) and 101(2)(c) of that Act (development with government authorisation), after the words “local authority”, in each place where they occur, there shall be inserted “ or National Park authority ”.

• (5) In sections 169 and 170(2)(b) of that Act (provisions in relation to blighted land), after “local authority” there shall be inserted “ National Park authority ”.

• (6) In section 209(5) of that Act (regulations for charging expenses of a local authority which is a local planning authority on land), after “local authority” there shall be inserted “ or National Park authority ”.

• (7) In section 252 of that Act (procedure for making certain orders)—

• (a) in subsection (2) (bodies to be given notice), after paragraph (a) there shall be inserted the following paragraph—

(aa) on any National Park authority which is the local planning authority for the area in which any highway or, as the case may be, any land to which the order relates is situated, and

;

• (b) in subsection (4) (objections), after “local authority” there shall be inserted “ National Park authority ”.

• (8) In section 253(2)(a) of that Act (procedure in anticipation of planning permission)—

• (a) in subsections (2)(a) and (3)(a), after “local authority”, in each case, there shall be inserted “ National Park authority ”; and

• (b) in subsection (4), after “London borough” there shall be inserted “ a National Park authority ”.

• (9) In section 305(1)(a) of that Act (contribution by Ministers towards compensation paid by local authorities), after “local authority” there shall be inserted “ or National Park authority ”.

• (10) In section 306 of that Act (contributions by local authorities and statutory undertakers), after subsection (5) there shall be inserted the following subsection—

(6) This section shall have effect as if the references to a local authority included references to a National Park authority.

• (11) In section 330 of that Act (power to require information as to interests in land), after subsection (5) there shall be inserted the following subsection—

(6) This section shall have effect as if the references to a local authority included references to a National Park authority.

• (12) In section 333(1) of that Act (regulations as to form of notice etc.), after “local authority” there shall be inserted “ or National Park authority ”.

• (13) In section 336(1) of that Act (interpretation), in the definition of “local authority” after “subsection (10)” there shall be inserted “ below and section 71(7) of the Environment Act 1995 ”.

• (14) In Schedule 1 to that Act (distribution of planning functions)—

• (a) in paragraph 4(2) (consultation with district planning authorities)—

• (i) after “determined by a” there shall be inserted “ National Park authority or ”; and

• (ii) before “the district planning authority” there shall be inserted “ any authority which (but for section 4A) would be or, as the case may be, which is ”; and

• (b) in paragraph 13(1), for “A county planning authority” there shall be substituted “ In the case of any area for which there is both a district planning authority and a county planning authority, the county planning authority ”;

• (c) in sub-paragraph (2) of paragraph 19, after “Park” there shall be inserted “ to which section 4 applies ”, and after that sub-paragraph there shall be inserted the following sub-paragraph—

(2A) As respects the area of any National Park for which a National Park authority is the local planning authority those functions shall be exercised by that authority.

• (d) in paragraph 20(4)—

• (i) in paragraph (a), for “outside a metropolitan county” there shall be substituted “ which is land in an area the local planning authority for which comprises both a county planning authority and a district planning authority ”; and

• (ii) in paragraph (b), for “elsewhere” there shall be substituted “ other land in an area the local planning authority for which comprises both a county planning authority and a district planning authority ”.

• (15) In paragraph 4(5)(b) of Schedule 8 to that Act (which refers to directions under section 90(1) of that Act), after “local authority” there shall be inserted “ National Park authority ”.

• (16) In Schedule 13 to that Act (blighted land), in paragraph 1(a)(i), after “local authority” there shall be inserted “ National Park authority ”.

• (17) In Schedule 14 to that Act (procedure for footpaths and bridleways orders)—

• (a) after paragraph 1(2)(b)(ii) (persons on whom notice served) there shall be inserted the following sub-paragraph—

(iia) any National Park authority for a National Park which includes any of that land; and

;