Statutory Instrument 1996 No. 1224

The National Park Authorities (Wales) (Amendment No. 2) Order 1996

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© Crown Copyright 1996

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1996 No. 1224

COUNTRYSIDE
WALES

The National Park Authorities (Wales) (Amendment No. 2) Order 1996

The Secretary of State for Wales, in exercise of the powers conferred on him by sections 63(1) and 75(3), (4), (6) and (7) of the Environment Act 1995^[1], and of all other powers enabling him in that behalf, hereby makes the following Order:—

Citation and commencement
    1.    This Order may be cited as the National Park Authorities (Wales) (Amendment No. 2) Order 1996 and shall come into force on 31st May 1996.

Application of enactment and instrument with modification
    2.    In Schedule 5 to the National Park Authorities (Wales) Order 1995^[2] (application of other enactments and instruments with modifications)—
 (a) after paragraph 2D insert—

"Local Government (Wales) Act 1994
    2E.    In Part III of Schedule 5 to the Local Government (Wales) Act 1994^[3] (development plans — transitional provisions) the definition of "new planning authority" in paragraph 11(1) shall have effect as if it included reference to a National Park authority." and

 (b) after paragraph 21 add—

"The Local Government Reorganisation (Compensation for Loss of Remuneration) Regulations 1995
    22.    The Local Government Reorganisation (Compensation for Loss of Remuneration) Regulations 1995^[4] shall apply as if—
(a) in regulation 2(1), paragraph (b)(ii) of the definition of "relevant employment" included reference to a National Park authority; and

(b) in each of the following provisions the reference to "the 1994 Act" included reference to Part III of the 1995 Act—

paragraph (a)(ii) of the definition of "remuneration" in regulation 2(1);

regulation 3(2)(b)(ii);

regulation 3(3)(a)(ii);

regulation 3(5)(b)." .

Signed by authority of the Secretary of State for Wales

Gwilym Jones

Parliamentary Under Secretary of State, Welsh Office

1st May 1996

Part III of the Environment Act 1995 provides for the establishment by order under section 63 of that Act of National Park authorities which will be the local planning authority for their respective National Parks. By virtue of the National Park Authorities (Wales) Order 1995 (S.I. 1995/2803) National Park authorities for the National Parks in Wales were established on 23 November 1995. They became the local planning authorities for their respective National Parks on 1 April 1996.
This Order amends S. I. 1995/2803 to provide for a modification in the application of Part III of Schedule 5 to the Local Government (Wales) Act 1994 in relation to the National Park authorities in Wales. Part III of Schedule 5 to the 1994 Act contains provision whereby work may be continued in relation to the preparation and adoption of local plans and of structure plan alterations, notwithstanding the provision for the introduction of unitary development plans. The modification effected by this Order is necessary in view of the fact that three of the new local planning authorities in Wales will now be National Park authorities.
This Order also amends S. I. 1995/2803 so that it applies, with modifications, the Local Government Reorganisation (Compensation for Loss of Remuneration) Regulations 1995 (S. I. 1995 No. 2837) to the National Park authorities in Wales. Those Regulations include provision for compensation for loss of remuneration as a result of local government reorganisation in Wales. This Order ensures that local government staff in Wales who transfer to the employment of a National Park authority in Wales are covered by those compensation provisions.

[1] 1995 c. 25 back

[2] S. I. 1995/2803, amended by S. I. 1996/534 to include additional paragraphs 2A-2D and 11 to 21 in Schedule 5. back

[3] 1994 c. 19 back

[4] S. I. 1995/2837, amended by S.I. 1996/660 back