Office of Public Sector Information
PART III continued
(3) Section 43 of that Act (maps of National Parks) shall have effect in accordance with the preceding provisions of this section—
(a) in the case of a National Park designated after the commencement of this section, as if the relevant date for the purposes of that section were the date on which a National Park authority becomes the local planning authority for the Park; and
(b) in any other case, as if the function of reviewing and revising any map of a part of the Park in question included a power, in pursuance of the review and revisions, to consolidate that map with other maps prepared under that section as respects other parts of that Park.
(4) In section 44 of that Act (grants and loans for purposes of National Parks), after subsection (1) there shall be inserted the following subsection—
“(1A) Subsection (1) above shall not apply in relation to any National Park for which a National Park authority is the local planning authority; but the National Park authority for such a Park may give financial assistance by way of grant or loan, or partly in one way and partly in the other, to any person in respect of expenditure incurred by him in doing anything which, in the opinion of the authority, is conducive to the attainment in the Park in question of any of the purposes mentioned in section 5(1) of the 1949 Act (purposes of conserving and enhancing the natural beauty, wildlife and cultural heritage of National Parks and of promoting opportunities for the understanding and enjoyment of the special qualities of those Parks by the public).”
In addition to its functions under the enactments mentioned in sections 67 to 69 above and to such of its functions under any other enactment as are conferred by virtue of its being a local planning authority within the meaning of the [1990 c. 8.] Town and Country Planning Act 1990, a National Park authority shall have the further miscellaneous functions conferred on it by virtue of Schedule 9 to this Act.
(1) A National Park authority shall have power in respect of every financial year beginning after the establishment of that authority to issue levies to the councils by whom the local authority members of that authority fall to be appointed.
(2) Subject to the following provisions of this section, a levy issued by virtue of this section shall be issued in accordance with regulations under section 74 of the [1988 c. 41.] Local Government Finance Act 1988 (power to make regulations authorising a levying body to issue a levy); and, accordingly, a National Park authority shall be deemed to be a levying body within the meaning of that section.
(3) Subject to any maximum specified in or determined in accordance with any regulations under that section 74, the amount of the levies issued by a National Park authority in respect of any financial year shall be equal to the sum by which the aggregate of the amounts specified in subsection (4) below is exceeded by the aggregate of the sums which it estimates it will require in respect of that year for the following purposes, that is to say—
(a) meeting the expenditure of the authority which will fall to be charged for that year to any revenue account;
(b) making such provision as may be appropriate for meeting contingencies the expenditure on which would fall to be so charged;
(c) securing the availability to the authority of adequate working balances on its revenue accounts; and
(d) providing the authority with the funds required for covering any deficit carried forward from a previous financial year in any revenue account.
(4) The amounts mentioned in subsection (3) above in relation to any financial year are—
(a) any amounts to be received by the authority in respect of that year by way of grant under section 72 below;
(b) the authority’s estimate of the amounts which are likely for that year to be credited to any revenue account in respect of sums payable to the authority for things done in the course of, or in connection with, the carrying out of its functions; and
(c) the authority’s estimate of the amounts not falling within paragraph (a) or (b) above which apart from this section are, or are likely to be, available to it for that year for the purposes mentioned in subsection (3) above.
(5) Where agreement as to the apportionment of the amount to be raised by a National Park authority in respect of any financial year by way of levies is entered into, before 1st December in the immediately preceding financial year, by all the authorities to whom the levies in respect of that year may be issued by that authority, that amount shall be apportioned between those authorities in accordance with the agreement, instead of in accordance with any provision made by virtue of that section 74.
(6) Regulations under that section 74 may include provision for requiring an authority to anticipate a levy by virtue of this section when making any calculations which fall, for the financial year following that in which any National Park authority is established, to be made (whether originally or by way of substitute) under section 32 or 43 of the [1992 c. 14.] Local Government Finance Act 1992 (calculation of budget requirement).
(7) A National Park authority shall not by virtue of this section be a local authority within the meaning of the [1990 c. 8.] Town and Country Planning Act 1990.
(1) The Secretary of State may make grants to a National Park authority for such purposes, of such amounts and on such terms and conditions as he thinks fit.
(2) Before determining the amount of any grant which he proposes to make to a National Park authority under this section, or the purpose for which it is to be made, the Secretary of State shall consult, according to whether the relevant Park is in England or in Wales, either the Countryside Commission or the Countryside Council for Wales.
(3) The consent of the Treasury shall be required for the making of a grant under this section.
In section 39(1) of the [1989 c. 42.] Local Government and Housing Act 1989 (which specifies the authorities to which the provisions of Part IV of that Act relating to capital accounts and borrowing powers apply), after paragraph (i) there shall be inserted—
“(ia) a National Park authority;”.
(1) No payment made for any year beginning on or after 1st April 1990 and ending on or before 31st March 1996 by the Secretary of State by way of grant to the council of a county or a metropolitan district in respect of the council’s expenditure or estimated expenditure in connection with National Parks shall be regarded as made otherwise than under and in accordance with the relevant enactments by reason only of—
(a) the aggregate amount of such grants for the year to such councils not having been duly prescribed;
(b) the method of determining the proportion of such aggregate amount payable to that council not having been duly prescribed; or
(c) payment of the grant being, or having been, made—
(i) otherwise than in accordance with an approved Rate Support Grant Report or such a Report as varied by an approved supplementary report for the year; or
(ii) without there being an approved Rate Support Grant Report for the year.
(2) Any reference in this section to a payment by way of grant made under and in accordance with the relevant enactments is a reference to a payment of grant made under section 7 of the [1974 c. 7.] Local Government Act 1974 (supplementary grants towards expenditure with respect to National Parks) in accordance with the provisions of that section and those of section 60 or 61 of the [1980 c. 65.] Local Government, Planning and Land Act 1980 (rate support grant reports and supplementary reports) as they apply in relation to grants under the said section 7.
(3) In this section—
“approved Rate Support Grant Report” means a Rate Support Grant Report which has been laid before and approved by a resolution of the House of Commons;
“approved supplementary report” means a supplementary report which has been laid before and approved by a resolution of the House of Commons;
“duly prescribed” means prescribed by a Rate Support Grant Report or a supplementary report;
“Rate Support Grant Report” means a Rate Support Grant Report made under section 60 of the Local Government, Planning and Land Act 1980;
“supplementary report” means a supplementary report made under section 61 of that Act; and
“year” means a period of 12 months beginning with 1st April.
(1) This section applies to every power of the Secretary of State under the preceding provisions of this Part to make an order.
(2) The powers to which this section applies shall, in each case, be exercisable by statutory instrument; and, except in the case of a statutory instrument made by virtue of section 64 above which only—
(a) designates a date,
(b) specifies a time for the purposes of section 4A of the [1990 c. 8.] Town and Country Planning Act 1990,
(c) renames a body,
(d) makes provision under paragraph 2 of Schedule 7 to this Act—
(i) for excluding a council from the councils by whom the local authority members of a National Park authority are to be appointed, or
(ii) for so increasing the number of local authority members of a National Park authority to be appointed by any council as to secure that the number of local authority members of that authority remains unchanged notwithstanding any such exclusion of a council, or
(e) makes provision under section 63(2) above,
any such statutory instrument shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(3) The powers to which this section applies shall, in each case, include power to make such incidental, supplemental, consequential and transitional provision as the Secretary of State thinks necessary or expedient.
(4) A power of the Secretary of State by an order under this Part to make incidental, supplemental, consequential or transitional provision shall include power for any incidental, supplemental, consequential or, as the case may be, transitional purpose—
(a) to apply with or without modifications,
(b) to extend, exclude or modify, or
(c) to repeal or revoke with or without savings,
any enactment or any instrument made under any enactment.
(5) The provision that may be made for incidental, supplemental, consequential or transitional purposes in the case of any order under this Part which—
(a) establishes a National Park authority or winds up the existing authority for any National Park, or
(b) otherwise has the effect of transferring functions from one person to another or of providing for functions to become exercisable concurrently by two or more persons or to cease to be so exercisable,
shall include provision for the transfer of property, rights and liabilities from one person to another.
(6) A power of the Secretary of State under this Part to provide by order for the transfer of any property, rights or liabilities, or to make transitional provision in connection with any such transfer or with any order by which functions become or cease to be exercisable by any authority, shall include power to provide, in particular—
(a) for the management and custody of any transferred property (whether real or personal);
(b) for any liabilities transferred to include liabilities under any enactment;
(c) for legal proceedings commenced by or against any person to be continued by or against a person to whom property, rights or liabilities are transferred or, as the case may be, any authority by whom any functions are to become exercisable;
(d) for the transfer of staff, compensation for loss of office, pensions and other staffing matters; and
(e) for treating any person to whom a transfer of property, rights or liabilities is made or, as the case may be, by whom any functions are to become exercisable as, for some or all purposes, the same person in law as the person from whom the transfer is made or the authority by whom the functions have previously been exercisable.
(7) The powers to which this section applies shall, in each case, include power to make different provision for different cases, including different provision for different areas or localities and for different authorities.
(8) The powers to which this section applies shall be without prejudice to any powers conferred by Part II of the [1992 c. 19.] Local Government Act 1992 or any other enactment.
(9) In this section “enactment” includes an enactment contained in an Act passed after this Act.
(1) Any public authorities affected by an order under this Part may from time to time make agreements with respect to—
(a) any property, income, rights, liabilities or expenses (so far as affected by the order) of the parties to the agreement; or
(b) any financial relations between those parties.
(2) Such an agreement may provide—
(a) for the transfer or retention of any property, rights and liabilities, with or without conditions, and for the joint use of any property;
(b) for the making of payments by any party to the agreement in respect of—
(i) property, rights and liabilities transferred or retained,
(ii) the joint use of any property, or
(iii) remuneration or compensation payable to any person;
and
(c) for the making of any such payment either by way of a capital sum or of a terminable annuity.
(3) In default of agreement as to any disputed matter, the matter shall be referred to the arbitration of a single arbitrator agreed on by the parties or, in default of agreement, appointed by the Secretary of State; and the award of the arbitrator may make any provision that might be contained in an agreement under this section.
(4) In subsection (3) above “disputed matter” means any matter which—
(a) might be the subject of provision contained in an agreement under this section; and
(b) is the subject of such a dispute between two or more public authorities as is not resolved by or under provision contained in any order under this Part.
(1) This Part shall have effect in relation to the Isles of Scilly subject to any such modifications as may be provided for by the Secretary of State by order made by statutory instrument.
(2) Before making an order under this section the Secretary of State shall consult with the Council of the Isles of Scilly.
(3) The power to make an order under this section shall include power to make such incidental, supplemental, consequential or transitional provision as the Secretary of State thinks necessary or expedient.
The enactments mentioned in Schedule 10 to this Act shall have effect subject to the amendments contained in that Schedule (being minor amendments and consequential amendments in connection with the provisions of this Part).
(1) In this Part, except in so far as the context otherwise requires—
“the 1972 Act” means the [1972 c. 70.] Local Government Act 1972;
“existing authority”, in relation to a National Park, means—
any such joint or special planning board for that Park or for any area wholly or partly comprised in that Park as was reconstituted by an order under paragraph 1 or 3 of Schedule 17 to the 1972 Act or constituted by an order under paragraph 3A of that Schedule or section 2(1B) of the [1990 c. 8.] Town and Country Planning Act 1990; or
any National Park Committee for that Park or for any such area;
“liability”, in relation to the transfer of liabilities from one person to another, does not include any criminal liability;
“principal council” and “principal area” have the same meanings as in the 1972 Act;
“public authority” means any local authority within the meaning of the 1972 Act (including any such authority in their capacity as a local planning authority), any National Park authority, any existing authority for a National Park, any joint authority or residuary body established under Part II of the [1992 c. 19.] Local Government Act 1992, any joint authority established under section 34 of the [1994 c. 19.] Local Government (Wales) Act 1994 or the Residuary Body for Wales established by section 39 of that Act;
“the relevant Park”, in relation to a National Park authority, means the area for which that authority is or is to be the National Park authority.
(2) Where—
(a) any enactment that is applied by virtue of this Part in relation to National Park authorities refers, or falls to be construed as referring, to any other enactment, and
(b) that other enactment is also one which is so applied,
the reference shall be construed (so far as it would not be so construed apart from this subsection) as including a reference to the other enactment as it is applied in relation to National Park authorities.
Environment Act 1995