5 Making of designation orders
(1) Following the publication of_
(a) a report under section 2 or, as the case may be, a statement under section 3, and
(b) where an inquiry is held in pursuance of section 4, the report of the person appointed to hold the inquiry,
the Scottish Ministers may (but need not) make an order under this section
(a "designation order"), either in terms of the National Park proposal or with such modifications as they think fit.
(2) In considering whether to make a designation order, and what the terms of any order should be, the Scottish Ministers must have regard to_
(a) the report or statement mentioned in subsection (1)(a), and
(b) where paragraph (b) of that subsection applies, the report mentioned in that paragraph.
(3) The Scottish Ministers must not lay a draft of a designation order before the Parliament in pursuance of section 29(3)_
(a) until the expiry of the period of 6 weeks following the date of publication of the report or statement mentioned in subsection (1)(a) of this section,
(b) where paragraph (b) of that subsection applies, until the expiry of the period of 6 weeks following the date of publication of the report mentioned in that paragraph.
Explanatory Notes Section 5 Making of designation orders This section and the following section set out how a National Park is set up through a designation order. Subsection (1) provides that, following a report or statement in sections 2 and 3 above, The Scottish Ministers can decide to make a designation order setting up a National Park, either in terms of the original proposal or in a modified form. Under subsection (2), in making their decision they must take account of the report or statement, and of any local inquiry held (under section 4 above). However, subsection (3) provides that if they decide to make an order, The Scottish Ministers must wait 6 weeks from the date of the report or statement before doing so, and 6 weeks from the publication of the report of local inquiry if one is held. Your attention is drawn to section 29 of the bill which explains that a draft designation order setting up a National Park must be laid before and approved by affirmative resolution of the Scottish Parliament before the order is made (and becomes law). |