28 Modification and revocation of designation orders
(1) The Scottish Ministers may by order modify or revoke a designation order.
(2) Where the Scottish Ministers propose to make an order under subsection (1) they must specify in writing_
(a) the respects in which they consider the designation order should be modified or,
(b) as the case may be, that they consider that the designation order should be revoked.
(3) Sections 2 to 5 apply, with the necessary modifications, to a proposal to make an order under subsection (1) of this section and the making of such an order as they apply to a National Park proposal and the making of a designation order.
Explanatory Notes Section 28 Modification and revocation of designation orders Subsection (1) allows The Scottish Ministers to make an order modifying or revoking an existing designation order. (A draft of such an order would, under the terms of section 29, be subject to debate and approval by the Scottish Parliament, as would a designation order). Subsection (2) requires that before making an order, they must set out in writing how they wish to modify an existing designation order, or that they wish to revoke the designation order. This is the equivalent of the National Park proposal provided for in section 1, as the start of the process for making a designation order. Subsection (3) then makes clear that the process which applies to the making of such a modification/revocation order is that set out in sections 2,3,4 and 5, for making a designation order (with the necessary modifications). This means, in effect, that the same requirements for publication and consultation, to ensure an open and transparent process, apply when modifying or revoking an order as apply to making a designation order. |