SCHEDULE 2
(introduced by section 8)
General Powers of National Park Authorities
Charges
1 A National Park authority may fix and recover charges for goods, services and facilities provided in the course of carrying out its functions.
Advice and assistance
2 (1) An authority may provide for any person, whether in Scotland or elsewhere, advice or assistance, including training facilities, as respects any matter in which the authority has skill or experience.
(2) Where the person to whom the advice or assistance is provided is outwith Scotland, the advice and assistance may be provided only with the consent of the Scottish Ministers and subject to any conditions which they may impose.
Research
3 An authority may make arrangements for the carrying out of research and related activities (whether by itself or others) in respect of matters to which its functions relate.
Grants
4 (1) An authority may, with the consent of the Scottish Ministers, give financial assistance by way of grant or loan to any person in respect of expenditure incurred or to be incurred by that person in doing anything which, in the authority's opinion, is conducive to the attainment in relation to the National Park of the aims set out in section 1(3).
(2) Such financial assistance may be given subject to such conditions as the authority thinks fit, including conditions for repayment in specified circumstances.
Land
5 (1) For the purposes of its functions, an authority may_
(a) acquire by agreement,
(b) if authorised by the Scottish Ministers, purchase compulsorily,
any land situated within the National Park.
(2) Sub_paragraph (1)(b) is subject to any other enactment conferring on the authority power to acquire land compulsorily.
(3) The Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 (c.42) applies in relation to the compulsory purchase of land in pursuance of sub_paragraph (1)(b) as if that provision were contained in an Act in force immediately before the commencement of that Act.
6 An authority must not, without the consent of the Scottish Ministers, dispose of land for a consideration less than the best that could reasonably be expected to be obtained on the open market.
Private legislation
7 (1) An authority may, if it thinks fit_
(a) with the consent of the Secretary of State, petition for the issue of a provisional order under the Private Legislation (Scotland) Act 1936 (c.52),
(b) with the consent of the Scottish Ministers, apply for the issue of an order subject to confirmation by an Act of the Scottish Parliament,
(c) oppose any private legislation in Parliament or the Scottish Parliament.
(2) An application for such consent must be accompanied by a concise summary of the purposes of the order petitioned for.
(3) In this paragraph, "private legislation" includes_
(a) a provisional order and a Confirmation Bill relating to such an order,
(b) any local or personal Bill.
Byelaws etc.
8 (1) A National Park authority may make byelaws for the National Park for the purposes of_
(a) protecting the natural and cultural heritage of the National Park,
(b) preventing damage to the land or anything in, on or under it,
(c) securing the public's enjoyment of, and safety in, the National Park.
(2) In particular, a National Park authority may make byelaws under sub_paragraph (1)_
(a) to regulate or prohibit the lighting of fires,
(b) to prohibit the depositing of rubbish and the leaving of litter,
(c) for the prevention or suppression of nuisances,
(d) to regulate the use of vehicles (other than the use of vehicles on a road).
(3) Section 121 (control of the seashore, adjacent waters and inland waters) of the Civic Government (Scotland) Act 1982 (c.45) applies to a National Park authority as it does to a local authority.
(4) The power in sub_paragraph (1) does not include power to make byelaws in relation to any matter if such byelaws could be made by virtue of sub_paragraph (3).
9 Sections 202 to 204 (byelaws) of the Local Government (Scotland) Act 1973 (c.65) apply to a National Park authority as they apply to a local authority, with the following modifications_
(a) in subsection (3) of section 202, the reference to byelaws being authenticated with the common seal of the local authority is omitted,
(b) for subsection (13) of that section there is substituted_
"(13) A National Park authority shall send a copy of any byelaws made by it to the proper officer of the local authority for any area to the whole or any part of which the byelaws will apply."
Management rules
10 (1) Sections 112 to 118 (management rules) of the Civic Government (Scotland) Act 1982 (c.45) have effect as if references to a local authority and to the authority's area included references to a National Park authority and the National Park.
(2) In the application of those sections to a National Park authority_
(a) the reference in section 112(9) to management rules being sealed with the common seal of an authority, and
(b) section 117(6) (disapplication of section 56(1) of Local Government (Scotland) Act 1973 (c.65)),
are omitted.
Goods and services
11 The Local Authorities (Goods and Services) Act 1970 (c.39) has effect as if a National Park authority were both a local authority and a public body for the purposes of that Act.
Access to meetings and documents
12 (1) Part IIIA (access to meetings and documents of local authorities) of the Local Government (Scotland) Act 1973 (c.65) has effect as if a National Park authority were a local authority for the purposes of that Part.
(2) In the application of section 50G(1) (publication of information) of that Act to a National Park authority, the references to the address of a member and the electoral division or ward which the member represents are omitted.
(3) A National Park authority must appoint a member of its staff as its proper officer for the purposes of Part IIIA of that Act.
Health and safety at work
13 Section 28(10) (restrictions on disclosure of information) of the Health and Safety at Work etc. Act 1974 (c.37) is to extend to Scotland and the reference to a National Park authority includes such an authority in Scotland.
Tenants' rights
14 Part III (change of landlord: secure tenants) of the Housing (Scotland) Act 1988 (c.43) has effect as if a National Park authority were a public sector landlord for the purposes of that Part.
Contracting out
15 Part II (contracting out) of the Deregulation and Contracting Out Act 1994 (c.40) has effect as if a National Park authority were a local authority for the purposes of that Part.
Other powers
16 An authority may_
(a) enter into contracts,
(b) carry on any business or undertaking,
(c) form or promote (whether alone or with others) companies (within the meaning of the Companies Act 1985 (c.6)),
(d) form partnerships with other persons,
(e) accept gifts,
(f) invest sums not immediately required in relation to the exercise of its functions.
Explanatory Notes Schedule 2 General Powers of a National Park authority Paragraph 1 enables an authority to make a charge for any goods and services it provides. Paragraph 2 enables an authority to provide advice, assistance or training facilities in matters in which they have skill or experience, but if this is to provided outside Scotland, the consent of The Scottish Ministers must be sought. Paragraph 3 enables an authority to conduct research, or arrange for others to do this on their behalf, on matters connected with its functions. Paragraph 4 enables an authority to pay grants or loans, with conditions (including repayment) for activities which will help to further its aims (as set out in section 1(3)). Paragraph 5 enables an authority to acquire land which is within the National Park, either by agreement or compulsorily with the authorisation of The Scottish Ministers. In the latter case this is subject to any other legislation which gives a National Park authority powers of compulsory purchase, and to the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947. Paragraph 6 prevents authorities from disposing of land for less than a reasonable market value unless they have the consent of The Scottish Ministers. Paragraph 7 sets out the circumstances in which a National Park authority can pursue private legislation. Paragraph 8 sets out an authority's powers to make byelaws. The general purposes for which it can make byelaws are set out in sub-paragraph (1). Sub-paragraph (2) sets out some particular examples of reasons for which byelaws may be made. Sub-paragraph (3) provides National Park authorities with the power to make byelaws in respect of control of the seashore, adjacent waters and inland waters, as set out in section 121 of the Civic Government (Scotland) Act 1982. However, having been given this specific byelaw making power in respect of the seashore etc, these matters cannot be covered by byelaws made under sub-paragraph (1) (this caveat is simply to ensure the application of the procedural requirements of section 121 when byelaws are made under that section). (Note: Schedule 5 paragraph 2 also makes provision for byelaws operating in country parks that are within a National Park at the time of designation.) Paragraph 9 sets out the rules which apply to the making of byelaws by National Park authorities under paragraph 8. These are the rules which apply to local authorities and other public bodies when making byelaws, and provide for an open, transparent and consultative process. Paragraph 10 sets out the authority's powers to make and enforce management rules. These are rules to regulate the use of and conduct of persons while on land or in premises owned, occupied or otherwise under the control of the authority, and to which the public have access. Sections 112 to 118 of the Civic Government (Scotland) Act 1982, which set out the processes governing the making of these rules by local government, will apply to the making of management rules by National Park authorities (except for sections 112(9) and 117(6)). Paragraph 11 provides for National Parks authorities to be treated, for purposes of the Local Authorities (Goods and Services) Act 1970 as if it was both a local authority and a public body. This Act allows a local authority and public body to agree together for the local authority to provide goods and services to the public body. Paragraph 12 provides that Part IIIA of the Local Government (Scotland) Act 1973, which provides for access to meetings and documents, applies to a National Park authority as it applies to local authorities. However, sub-paragraph (2) means that references to the address of a member and electoral division or ward represented will not be required on the register. Sub-paragraph (3) requires a National Park authority to appoint a proper officer from among its staff for the purposes of Part IIIA of the Local Government (Scotland)Act 1973. Paragraph 13 provides for section 28(10) of the Health and Safety at Work Act 1974, which places restrictions on disclosure of certain information to apply to National Park authorities in Scotland in the same way as it applies to local authorities. Paragraph 14 applies Part III of the Housing(Scotland) Act 1988 to National Park authorities as if they were public sector landlords. This Act provides that tenants of local authorities, on meeting certain conditions, are entitled to purchase that property. Paragraph 15 ensures that part II of the Deregulation and Contracting Out Act 1994 has effect for a National Park authority in the same way as for a local authority. This Act allows Ministers by order to provide for contracting out of functions as appropriate. Paragraph 16 sets out a range of other functions a National Park is entitled to undertake. |