Office of Public Sector Information
SCHEDULE 10 continued
(9) In section 305(1)(a) of that Act (contribution by Ministers towards compensation paid by local authorities), after “local authority” there shall be inserted “or National Park authority”.
(10) In section 306 of that Act (contributions by local authorities and statutory undertakers), after subsection (5) there shall be inserted the following subsection—
“(6) This section shall have effect as if the references to a local authority included references to a National Park authority.”
(11) In section 330 of that Act (power to require information as to interests in land), after subsection (5) there shall be inserted the following subsection—
“(6) This section shall have effect as if the references to a local authority included references to a National Park authority.”
(12) In section 333(1) of that Act (regulations as to form of notice etc.), after “local authority” there shall be inserted “or National Park authority”.
(13) In section 336(1) of that Act (interpretation), in the definition of “local authority” after “subsection (10)” there shall be inserted “below and section 71(7) of the Environment Act 1995”.
(14) In Schedule 1 to that Act (distribution of planning functions)—
(a) in paragraph 4(2) (consultation with district planning authorities)—
(i) after “determined by a” there shall be inserted “National Park authority or”; and
(ii) before “the district planning authority” there shall be inserted “any authority which (but for section 4A) would be or, as the case may be, which is”; and
(b) in paragraph 13(1), for “A county planning authority” there shall be substituted “In the case of any area for which there is both a district planning authority and a county planning authority, the county planning authority”;
(c) in sub-paragraph (2) of paragraph 19, after “Park” there shall be inserted “to which section 4 applies”, and after that sub-paragraph there shall be inserted the following sub-paragraph—
“(2A) As respects the area of any National Park for which a National Park authority is the local planning authority those functions shall be exercised by that authority.”
(d) in paragraph 20(4)—
(i) in paragraph (a), for “outside a metropolitan county” there shall be substituted “which is land in an area the local planning authority for which comprises both a county planning authority and a district planning authority”; and
(ii) in paragraph (b), for “elsewhere” there shall be substituted “other land in an area the local planning authority for which comprises both a county planning authority and a district planning authority”.
(15) In paragraph 4(5)(b) of Schedule 8 to that Act (which refers to directions under section 90(1) of that Act), after “local authority” there shall be inserted “National Park authority”.
(16) In Schedule 13 to that Act (blighted land), in paragraph 1(a)(i), after “local authority” there shall be inserted “National Park authority”.
(17) In Schedule 14 to that Act (procedure for footpaths and bridleways orders)—
(a) after paragraph 1(2)(b)(ii) (persons on whom notice served) there shall be inserted the following sub-paragraph—
“(iia) any National Park authority for a National Park which includes any of that land; and”;
(b) in paragraph 1(6) (cases where owner, occupier or lessee is local authority), after “local authority” there shall be inserted “National Park authority”; and
(c) in paragraph 3(2) (local inquiry to be held if objection by local authority), after “local authority” there shall be inserted “or a National Park authority”.
(18) So much of any provision of this paragraph as amends an enactment repealed by this Act shall cease to have effect with the coming into force of the repeal.
33 (1) The Planning (Listed Buildings and Conservation Areas) Act 1990 shall be amended as follows.
(2) In section 32 (purchase notice), after subsection (4) there shall be inserted the following subsection—
“(4A) This section and sections 33 to 37 shall have effect as if—
(a) the bodies on whom a listed building purchase notice may be served under this section included any National Park authority which is the local planning authority for the area in which the building and land in question are situated; and
(b) a National Park authority were a local authority for the purposes of this Act and the Park for which it is the local planning authority were its area;
and the references in those sections and in section 63(7)(a) to a council and to a local authority shall be construed accordingly.”
(3) In subsection (3) of section 79 (definition of “local authority” for the purposes of town scheme agreements), after paragraph (c) there shall be inserted the following paragraph—
“(ca) in relation to any building in a National Park for which a National Park authority is the local planning authority, that authority;”.
(4) In section 93(1)(a) (regulations as to form of notice etc.), after “local authority” there shall be inserted “or National Park authority”.
(5) In paragraph 4 of Schedule 2, after sub-paragraph (3) (expenses of various persons and bodies with respect to listed building enforcement) there shall be inserted the following sub-paragraph—
“(4) The reference to a local authority in sub-paragraph (3) above includes a reference to any National Park authority which is the local planning authority for any area.”
(6) In paragraph 2 of Schedule 4 (provision as to exercise of functions by different authorities), after “4” there shall be inserted “4A”.
(7) In paragraph 3 of Schedule 4—
(a) after “determined by a” there shall be inserted “National Park authority or”; and
(b) in sub-paragraph (a), before “the district planning authority” there shall be inserted “any authority which (but for section 4A) would be or, as the case may be, which is”;
(c) in sub-paragraph (b), for “the district planning” there shall be substituted “any such”.
(8) In paragraph 4 of Schedule 4—
(a) in sub-paragraph (1)—
(i) in paragraph (a), after “a metropolitan county” there shall be inserted “or in any National Park for which a National Park authority is the local planning authority”; and
(ii) in paragraph (b), for “outside a metropolitan county” there shall be substituted “to which paragraph (a) above does not apply”; and
(b) in sub-paragraph (2), after “county planning authority” there shall be inserted “or National Park authority”.
34 (1) The references to a National Park authority in the following provisions (which impose environmental duties), that is to say—
(a) section 4 of the [1991 c. 56.] Water Industry Act 1991,
(b) section 17 of the [1991 c. 57.] Water Resources Act 1991, and
(c) section 61C of the [1991 c. 59.] Land Drainage Act 1991,
shall have effect, until the coming into force of the repeal by this Act of the definition for the purposes of those provisions of the expression “National Park authority”, as if they included references to a National Park authority established under Part III of this Act which has become the local planning authority for the National Park in question; and thereafter those references shall have effect as if they were references to a National Park authority so established.
(2) The references to a National Park planning authority—
(a) in sections 34 and 45 of the [1991 c. 57.] Water Resources Act 1991 (regulations with respect to notice to be given of particulars of certain licence applications), and
(b) in any regulations under those sections,
shall have effect, until the coming into force of the repeal by this Act of subsection (5) of section 34 of that Act, as if they included references to a National Park authority established under Part III of this Act which has become the local planning authority for the National Park in question; and thereafter those references shall have effect as if they were references to a National Park authority so established.
35 In section 35 of the Local Government Finance Act 1992 (definition of “special items”) in subsection (5) (expenses of a billing authority not to be special expenses if they are expenses of meeting a levy from a National Park planning board) paragraphs (a) and (b) shall be omitted and at the end of that subsection there shall be added the words “or
(c) a National Park authority in relation to a National Park in Wales.”
36 In section 1(10) of the Local Government (Overseas Assistance) Act 1993 (certain bodies on which powers are conferred by the Act), at the end there shall be added—
“(h) a joint planning board constituted for an area in Wales outside a National Park by an order under section 2(1B) of the [1990 c. 8.] Town and Country Planning Act 1990.”
37 In section 6(1) of the Welsh Language Act 1993 (bodies which are public bodies for the purposes of the provisions of that Act about Welsh language schemes), after paragraph (c) there shall be inserted the following paragraph—
“(ca) a National Park authority;”.
38 (1) In Schedule 6 to the Local Government (Wales) Act 1994 (minor and consequential amendments relating to planning) in paragraph 1, at the beginning of the subsection which that paragraph substitutes for subsection (1) of section 184 of the 1972 Act, there shall be inserted the words “Subject to section 68 of the Environment Act 1995 (planning authority functions under National Parks legislation to be functions of National Park authorities in certain cases),”.
(2) In paragraph 2 of that Schedule, for the words “paragraphs 3 to 14” there shall be substituted the words “paragraphs 13 and 14”.
Environment Act 1995