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(3) A liferenter or an heir of entail in possession of any land has power to enter into management agreements under this section relating to the land.
(4) The Trusts (Scotland) Act 1921 (c. 58) has effect as if the powers conferred on trustees by section 4 of that Act (general powers of trustees) included a power to enter into management agreements relating to the trust estate.
(5) A management agreement which affects a registrable interest in land may—
(a) where that interest is registered in the Land Register of Scotland, be registered in that Register,
(b) in any other case, be recorded in the appropriate Division of the General Register of Sasines.
(6) An agreement so registered or recorded is enforceable at the instance of the National Park authority against any person deriving title to the land from the other party to the agreement.
(7) But it is not enforceable against a third party who has acquired right to the land (whether or not completed by infeftment) in good faith and for value prior to the agreement being so registered or recorded, or against any person deriving title from such third party.
(8) Despite the terms of a management agreement, the parties to the agreement and any person deriving title from a party may agree to terminate the agreement at any time.
(9) Where the agreement has been registered or recorded under subsection (5), an agreement to terminate it must be registered or, as the case may be, recorded in the same way.
(10) In this section “registrable interest in land” means an interest in land within the meaning of section 28 of the Land Registration (Scotland) Act 1979 (c. 33) which is not an overriding interest within the meaning of that section.
(1) The Scottish Ministers may give a National Park authority directions of a general or specific character as to the exercise of the authority’s functions; and the authority must comply with those directions.
(2) Before giving an authority directions under subsection (1) the Scottish Ministers must consult the authority.
(3) The Scottish Ministers may give guidance in relation to the exercise of functions by National Park authorities.
(4) Guidance under subsection (3) may be given in respect of authorities generally or a particular authority; and in exercising its functions an authority must have regard to any guidance applicable to it.
(5) Before giving guidance under subsection (3) the Scottish Ministers must consult each authority to which the guidance is to apply.
(6) A draft of any guidance proposed to be given under subsection (3) is to be laid before the Parliament and the guidance must not be given until after the period of 40 days beginning with the day on which the draft was so laid.
(7) If within that period the Parliament resolves that the proposed guidance should not be given, the Scottish Ministers must not give the guidance.
(8) In calculating any period of 40 days for the purposes of subsection (6) or (7), no account is to be taken of any time during which the Parliament is in recess for more than 4 days.
(9) The Scottish Ministers must publish any guidance given under subsection (3).
(1) A National Park authority may arrange for any of its functions to be exercised on its behalf by a local authority or another National Park authority; and the local authority or other National Park authority may exercise those functions accordingly.
(2) A local authority or other public body may arrange for any of its functions, so far as exercisable in relation to a National Park, to be exercised on its behalf by a National Park authority; and the National Park authority may exercise those functions accordingly.
(3) In subsection (2), “functions” does not include—
(a) a function of making subordinate legislation,
(b) any function conferred by this Act.
(4) Two or more National Park authorities may arrange to exercise any of their functions jointly.
(5) An arrangement under subsection (4) may provide for the exercise of the functions in question by a joint committee of the authorities or by an officer of one of them.
(6) An arrangement under subsection (4) providing for the exercise of functions by a joint committee may provide for persons who are not members of any of the authorities making the arrangement to be members of the committee, but a majority of the members of the committee must be members of such an authority.
(7) The authorities making the arrangement must pay to a member of a joint committee appointed by virtue of subsection (6) such remuneration and allowances (if any) as the Scottish Ministers may determine.
(8) Such a joint committee must comply with directions given to it by the authorities making the arrangement.
(9) An arrangement under this section does not affect the responsibility of the authority or body making the arrangement for the exercise of its functions.
(1) The Scottish Ministers may make arrangements for any of their functions, so far as exercisable in relation to a National Park, to be exercised on their behalf by the National Park authority; and the National Park authority may exercise those functions accordingly.
(2) An arrangement under subsection (1) does not affect the responsibility of the Scottish Ministers for the exercise of their functions.
(3) In this section, “functions” does not include—
(a) a function of making, confirming or approving subordinate legislation,
(b) any function conferred by this Act.
A National Park authority must make proper arrangements to ensure that it uses resources economically, efficiently and effectively.
(1) Each National Park is to have one or more National Park Advisory Groups, with the function of advising the National Park authority on any matter relating to the functions of the authority.
(2) The membership and procedure of an Advisory Group are to be such as the National Park authority determines.
(3) The National Park authority may pay to members of an Advisory Group such expenses and allowances as the authority may determine.
(1) The Scottish Ministers may, after consultation with a National Park authority, determine the financial duties of the authority; and different determinations may be made for different functions and activities of the authority.
(2) The Scottish Ministers must give an authority notice of every determination under subsection (1), and such a determination may—
(a) relate to a period beginning before, on or after the date on which it is made,
(b) contain supplemental provisions,
(c) be varied by a subsequent determination.
(3) The Scottish Ministers may, after consultation with an authority, give a direction to the authority requiring it to pay to them an amount specified in, or calculated in accordance with, the direction in respect of—
(a) any sum, or
(b) a sum of any description,
so specified which is received by the authority.
(4) Where it appears to the Scottish Ministers that an authority has a surplus, whether on capital or revenue account, they may, after consultation with the authority, direct the authority to pay to them such amount not exceeding the amount of that surplus as may be specified in the direction.
(1) The Scottish Ministers may make grants to a National Park authority for such purposes, of such amounts and on such terms as they think fit.
(2) The Scottish Ministers may lend to a National Park authority any sums which it has power to borrow under section 23(1)(a).
(3) A loan made under subsection (2) is to be repaid to the Scottish Ministers at such times and by such methods, and interest on the loan is to be paid to them at such rates and at such times, as the Scottish Ministers may from time to time determine.
(1) A National Park authority may—
(a) borrow from the Scottish Ministers, by way of temporary loan or otherwise,
(b) with the consent of the Scottish Ministers, borrow temporarily, by way of overdraft or otherwise, from persons other than the Scottish Ministers,
such sums as it may require for meeting its obligations and carrying out its functions.
(2) A consent under subsection (1)(b) may be granted subject to conditions.
(3) In any financial year the net amount of sums borrowed by an authority under this section must not exceed the amount specified for that year for the purposes of this section in a Budget Act.
(4) In subsection (3), “net amount” means the amount of sums borrowed in the financial year less any repayments made during that year (otherwise than by way of interest) in respect of sums borrowed in that or any other year.
(5) An authority may borrow money only under this section.
(1) The Scottish Ministers may guarantee, in such manner and on such conditions as they think fit, the discharge of any financial obligation in connection with any sum which a National Park authority borrows from any person.
(2) Where the Scottish Ministers give a guarantee under this section they must forthwith lay a statement of the guarantee before the Parliament.
(3) Where any sum is paid out in fulfilment of a guarantee under this section, the Scottish Ministers must, as soon as reasonably practicable after the end of each financial year (beginning with that in which the sum is paid out and ending with that in which all liability in respect of the principal of the sum and in respect of interest on it is finally discharged), lay before the Parliament a statement relating to that sum.
(4) Where any sum is paid out in fulfilment of a guarantee under this section, the authority which borrowed the sum by reference to which the guarantee was given must make to the Scottish Ministers, at such times and in such manner as they may from time to time direct—
(a) payments of such amounts as they may so direct in or towards repayment of the sum so paid out, and
(b) payments of interest, at such rate as they may so direct, on what is outstanding for the time being in respect of the sum so paid out.
(1) A National Park authority must—
(a) keep proper accounts and accounting records,
(b) prepare for each financial year an account of the authority’s expenditure and receipts in accordance with directions issued by the Scottish Ministers, and
(c) send the account to the Scottish Ministers by such time as they may direct.
(2) The Scottish Ministers must send the account to the Auditor General for Scotland for auditing.
(1) A National Park authority must provide the Scottish Ministers with such information as they may reasonably require relating to the exercise of the authority’s functions.
(2) For that purpose the authority must—
(a) permit any person authorised to do so by the Scottish Ministers to inspect and make copies of the accounts and other records of the authority, and
(b) provide the person with such explanations of those accounts and records as that person or the Scottish Ministers may reasonably require.
(3) As soon as practicable after the end of each financial year, a National Park authority must prepare a report on its activities during that year and send a copy of the report to the Scottish Ministers.
(4) The report must set out any directions under section 16 which have been given to the authority during the year to which the report relates.
(5) The Scottish Ministers must lay a copy of the report before the Parliament and publish the report.
(1) This section applies to all records (in whatever form or medium)—
(a) transferred to and vested in a National Park authority by virtue of this Act,
(b) created or acquired by the authority in the exercise of its functions, or
(c) otherwise in its keeping.
(2) The authority must, after consulting the Keeper of the Records of Scotland, make arrangements for the preservation and management of the records and must ensure that the records are preserved and managed in accordance with those arrangements.
(3) The authority may from time to time revise those arrangements but before making any material change must consult the Keeper.
(4) Despite subsection (2) the authority may dispose of records which in its opinion are not worthy of preservation.
(5) The authority—
(a) must ensure that the Keeper has, at all reasonable hours, unrestricted access to the records preserved by it,
(b) may afford facilities for any person to inspect and, on payment of a reasonable fee, to obtain copies of or extracts from those records.
(6) If any enactment makes provision relating to records of a specific kind which is inconsistent with subsections (1) to (5), those subsections are subject to that enactment.
(1) The Scottish Ministers may cause an inquiry or other hearing to be held if it appears to them expedient to do so in connection with—
(a) any of the functions of a National Park authority,
(b) any of their functions in relation to a National Park authority.
(2) Subsections (2) to (8) of section 210 (local inquiries) of the Local Government (Scotland) Act 1973 (c. 65) apply in relation to such inquiries or other hearings as they apply to inquiries held under that section.
(3) Subsection (1) is without prejudice to any other provision of this Act or any other enactment by virtue of which an inquiry or other hearing is authorised or required to be held.
Schedule 4, which makes provision about transfer of staff, property and liabilities in connection with the establishment of a National Park authority or the exercise of its functions, has effect.
(1) The Scottish Ministers may by order modify or revoke a designation order.
(2) Subsections (3) and (4) apply where the Scottish Ministers propose to make an order under subsection (1)—
(a) modifying—
(i) the area of a National Park identified in a designation order,
(ii) the functions conferred on a National Park authority by virtue of section 9(2)(d) or under section 10,
(iii) the matters specified in a designation order by virtue of section 7(1)(c) or (d), or
(b) revoking a designation order.
(3) In such a case the Scottish Ministers must set out in writing—
(a) the proposed modifications, or
(b) as the case may be, that they propose that the designation order should be revoked,
and, in either case, their reasons for the proposal.
(4) A proposal under subsection (3) is to be treated as a National Park proposal; and—
(a) sections 3 to 5 apply in relation to such a proposal, and
(b) sections 6 and 7 apply in relation to an order under subsection (1) of this section made in pursuance of such a proposal,
with such modifications as the Scottish Ministers may by order specify.
(5) Sections 2 to 7 do not otherwise apply in relation to an order under subsection (1) of this section.
(1) For the purposes of the application of this Act in relation to an area that includes the sea, the Scottish Ministers may by order modify the following provisions—
section 1(d),
section 2(2)(b),
section 3(5)(a), (b) and (d) and (7),
section 4(3)(a), (b) and (d) and (4),
section 6(3)(a), (b) and (e) and (4),
section 7(1)(c) and (5),
section 12(1)(a), (b) and (d), (2) and (7)(b),
section 17,
schedule 1, paragraphs 3(2) to (7), 5, 6(3) and 10,
schedule 2, paragraphs 8(2) and 9(1)(c),
schedules 3 and 5.
(2) Subsection (3) applies where an order under subsection (1) modifies any provision relating to consultation with persons representative of the interests of those who live, work or carry on business in an area.
(3) The modification must secure that such consultation includes consultation with persons representative of the interests of those who carry on commercial fishing operations in the part of the area consisting of the sea.
This Act binds the Crown, but nothing in this Act is to be taken as in any way affecting Her Majesty in her private capacity.
The Scottish Ministers may by order make such incidental, supplemental, consequential, transitional, transitory or saving provision as they think necessary or expedient for the purposes or in consequence of this Act.
(1) Any power to make orders under this Act is exercisable by statutory instrument.
(2) Without prejudice to section 33, any such power includes power to make such incidental, supplemental, consequential, transitional, transitory or saving provision as the Scottish Ministers think necessary or expedient.
(3) A power referred to in subsection (1) includes power to make different provision for different purposes.
(4) An order under section 6(1), 30(1) or 33 or paragraph 4 of schedule 1 may modify any enactment or prerogative instrument or any other instrument or document.
(5) No order is to be made under section 6(1), 30(1) or 31 or paragraph 4 of schedule 1 unless a draft has been laid before, and approved by resolution of, the Parliament.
(6) No order containing provisions which add to, replace or omit any part of the text of an Act is to be made under section 33 unless a draft has been laid before, and approved by resolution of, the Parliament.
(7) A statutory instrument containing an order under—
(a) section 30(4), or
(b) section 33 (except where subsection (6) of this section applies),
is subject to annulment in pursuance of a resolution of the Parliament.
(1) In this Act—
“community council” has the same meaning as in Part IV of the Local Government (Scotland) Act 1973 (c. 65),
“cultural heritage” includes structures and other remains resulting from human activity of all periods, language, traditions, ways of life and the historic, artistic and literary associations of people, places and landscapes,
“designation order” means an order made under section 6(1),
“local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39),
“National Park” means the area designated as such by a designation order,
“National Park aims” has the meaning given in section 1,
“National Park authority” is to be construed in accordance with section 2(1)(b),
“National Park Plan” has the meaning given in section 11,
“National Park proposal” has the meaning given in section 2(4),
“natural heritage” includes the flora and fauna of a National Park or a proposed National Park, its geological and physiographical features and its natural beauty and amenity,
“the Parliament” means the Scottish Parliament.
(2) References in this Act to—
(a) a National Park, in relation to a National Park authority, are to the National Park in relation to which the authority is established,
(b) a National Park authority, in relation to a National Park, are to the authority for that National Park.
Schedule 5, which makes modifications of enactments, has effect.
(1) The preceding provisions of this Act (including the schedules) are to come into force on such day as the Scottish Ministers may by order appoint.
(2) Different days may be appointed under this section for different purposes.
(3) This Act may be cited as the National Parks (Scotland) Act 2000.
National Parks (Scotland) Act 2000