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SCHEDULE 3

(introduced by section 8)

Miscellaneous Functions

Open spaces and recreation

1 The provisions in_

(a) sections 1 and 2 (power to develop land) of the Local Government (Development and Finance) (Scotland) Act 1964 (c.67),

(b) section 13 (membership of rights of way societies) of that Act, and

(c) section 3 (power to acquire or maintain certain open spaces) of the Local Government (Footpaths and Open Spaces) (Scotland) Act 1970 (c.28),

have effect as if references to a local authority included references to a National Park authority.

Nature reserves

2 Sections 21 and 22 (establishment of nature reserves and application of enactments to local authority reserves) of the National Parks and Access to the Countryside Act 1949 (c.97) have effect as if references to a local authority and the authority's area included references to a National Park authority and the National Park.

Information and education

3 A National Park authority may provide, or arrange for the provision of_

(a) information,

(b) educational services and facilities,

for the purpose of promoting understanding and enjoyment of the special qualities of the National Park by the public.

Tourism and leisure

4 A National Park authority may_

(a) provide, or encourage other persons to provide, facilities in the National Park, and

(b) encourage persons, by advertisement or otherwise, to visit the National Park,

for purposes relating to leisure.

5 (1) Sections 49 (provision of camp sites) and 50 (provision of accommodation, meals and refreshments) of the Countryside (Scotland) Act 1967 (c.86) have effect as if references to a local authority and the authority's area included references to a National Park authority and the National Park.

(2) In the application of section 49 of that Act to a National Park authority, for the words "whether for the benefit of the inhabitants of their own area or otherwise" there is substituted "in the National Park".

Recreational, sporting, cultural and social facilities and activities

6 (1) Sections 15(2), 16 and 17 (local authority powers in relation to recreational, sporting, cultural and social activities) of the Local Government and Planning (Scotland) Act 1982 (c. 43) have effect as if references to a local authority and the authority's area included references to a National Park authority and the National Park.

(2) In the application of those provisions to a National Park authority_

(a) in section 15(2), for the words "whether inside or outside their area" there is substituted "in the National Park",

(b) in section 17(1), for the words "whether inside or outside the area of the local authority concerned" there is substituted "in the National Park".

Improvement of waterways for recreation

7 Sections 61 and 62 (powers to improve waterways for purposes of open_air recreation) of the Countryside (Scotland) Act 1967 (c.86) have effect as if references to a planning authority and the authority's area included references to a National Park authority and the National Park.

Explanatory Notes

Schedule 3 Miscellaneous functions

This schedule confers on National Park authorities various functions, some of which are provided for by reference to other Acts of Parliament.

Paragraph 1 lists three statutes which will apply to National Park authorities as if they were local authorities as referred to in the Acts. This means that National Parks have the equivalent power to develop land for the benefit or improvement of the area (with the prior approval of The Scottish ministers); they may pay subscription in respect of corporate membership of any body formed to maintain or improve rights of way; and they may acquire land for the purpose of preserving or improving the amenity of land.

Paragraph 2 applies sections 21 and 22 of the National Parks and Access to the Countryside Act 1949 to National Park authorities in the same way as it applies to local authorities. These sections enable local authorities to provide, or secure provision of, nature reserves on any land in their area, and allow for works to be carried out on nature reserves by drainage authorities.

Paragraph 3 enables a National Park authority to provide, or arrange for someone else to provide, information and educational services and facilities in order to promote the understanding and enjoyment of the special qualities of the National Park.

Paragraph 4 enables a National Park authority to provide facilities and encourage visitors to the National Park for leisure purposes.

Paragraph 5 provides for sections 49 and 50 of the Countryside (Scotland) 1967 Act to apply to National Park authorities in the same way as it applies to local authorities. This means that National Park authorities may provide camping sites for recreational purposes, and to do anything desirable in connection with providing these sites, and can provide for accommodation, meals and refreshments where existing facilities are inadequate.

Paragraph 6 applies certain sections of the Local Government and Planning (Scotland) Act 1982 to National Park authorities in the same way as to local authorities, enabling them to do anything necessary or desirable towards ensuring there are facilities in

the park area for recreational, sporting, cultural or social activities as they consider appropriate.

Paragraph 7 enables National Park authorities to carry out improvement works on waterways in the countryside for purposes of open-air recreation.

Page updated: Tuesday, October 30, 2007