National Parks (Scotland) Act 2000

16 Directions and guidance

(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).