SCHEDULE 5
(introduced by section 31)
Modification of Enactments
Local Government (Scotland) Act 1966 (c.51)
1 Section 35 (agreements for secondment of local authority staff) of the Local Government (Scotland) Act 1966 has effect as if references to a local authority included references to a National Park authority.
Countryside (Scotland) Act 1967 (c.86)
2 (1) Sections 48 and 48A (country and regional parks) of the Countryside (Scotland) Act 1967 cease to have effect in respect of any land in a National Park.
(2) Sub_paragraph (1) does not affect the continued operation of those sections in relation to any country park or regional park in existence on the date when the designation of the National Park takes effect.
(3) Section 54(1)(d) (byelaws) of that Act ceases to have effect in respect of any part of a country park which is in a National Park.
(4) Sub_paragraph (3) does not affect any byelaw made under that section prior to the date when the designation of the National Park takes effect.
(5) In section 54(3) and in the proviso to section 55(1) (byelaws and default powers of Scottish Ministers as to byelaws) of that Act_
(a) after "with" insert "(a)", and
(b) at the end insert "and
(b) where a byelaw is to apply in any part of a National Park, the National Park authority."
(6) In section 65(5) (wardens) of that Act, after paragraph (g) insert_
"(gg) a National Park authority."
Employer's Liability (Compulsory Insurance) Act 1969 (c.57)
3 In section 3 (employers exempted from insurance) of the Employer's Liability (Compulsory Insurance) Act 1969, after "Transport Authority" insert ", a National Park authority in Scotland".
Local Government (Scotland) Act 1973 (c.65)
4 Section 65 (agreements for secondment of local authority staff) of the Local Government (Scotland) Act 1973 has effect as if references to a local authority included references to a National Park authority.
Local Government (Scotland) Act 1975 (c.30)
5 (1) The Local Government (Scotland) Act 1975 is amended as follows.
(2) In section 23(1) (authorities subject to investigation under Part II of that Act), after paragraph (j) insert_
"(k) a National Park authority".
(3) In section 24 (matters subject to investigation), after subsection (7) insert_
"(7A) Where the complaint relates to a National Park authority, the reference in subsection (7) above to the area of the authority is a reference to the National Park."
Race Relations Act 1976 (c.74)
6 In section 71(2) (definition of local authority) of the Race Relations Act 1976_
(a) omit "and" at the end of paragraph (c),
(b) after paragraph (d) insert_
"(e) a National Park authority".
Local Government Act 1988 (c.9)
7 (1) In section 18 (race relations matters) of the Local Government Act 1988, subsection (7A) is to extend to Scotland and the reference in that subsection to a National Park authority includes such an authority in Scotland.
(2) In Schedule 2 to that Act (bodies to which Part II of that Act applies), after the entry for the Strathclyde Passenger Transport Authority insert_
"A National Park authority in Scotland".
Enterprise and New Towns (Scotland) Act 1990 (c.35)
8 In sections 5(1)(b) and 6(1) (consultation by Scottish Enterprise and Highlands and Islands Enterprise in relation to certain functions) of the Enterprise and New Towns (Scotland) Act 1990, after "authorities" insert ", National Park authorities,".
Explanatory Notes Schedule 5 Modification of Enactments This schedule makes modifications of other enactments. Paragraph 1: This paragraph and paragraph 4 enable National Parks to second staff to local authorities (and vice versa). Paragraph 2 makes amendments to the Countryside (Scotland) Act 1967 in respect of country and regional parks and byelaws. Sub-paragraphs (1) and (2) have the effect that new country and regional parks may not be created within areas after their designation as National Parks, although the provisions relating to existing country and regional parks will continue in force. In other words, the designation of a National Park will not in itself nullify the existence of a country or regional park - it will be for the National Park and relevant local authority to agree what arrangements to make in this respect. Sub-paragraphs (3) and (4) apply the same principle to byelaws made in respect of country or regional parks. Sub-paragraph (5) includes a National Park as a consultee on byelaws made by local authorities or The Scottish Ministers where those byelaws would apply within area of the National Park. Sub-paragraph (6) adds National Parks to the list of bodies able to provide wardens in connection with the implementation of byelaws, and provision of advice Paragraph 3 adds National Parks authorities to the list of employers exempted from insurance under section 3 of the Employer's Liability (Compulsory Insurance) Act 1969. Paragraph 4: see reference above in paragraph 1. Paragraph 5 amends relevant parts of the Local Government (Scotland) Act 1975 with the effect that National Park authorities are included in the list of bodies subject to investigation by the Local Government Ombudsman under Part II of that Act. Paragraph 6 adds National Park authorities to the list of bodies to whom the Race Relations Act 1976 applies. Paragraph 7 adds National Park authorities to the bodies covered by section 18 of the Local Government Act 1988 dealing with race relations matters, and the bodies covered by Part II of that Act dealing with fairness and letting of contracts. Paragraph 8 amends the Enterprise and New Towns (Scotland) Act 1990 so that the consultations by Scottish Enterprise and Highland and Islands Enterprise in relation to certain functions include National Park authorities. |