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(1)The Scottish Ministers may, if it appears to them that the conditions in subsection (2) are or may be satisfied in relation to an area, propose—
(a)the designation of the area as a National Park, and
(b)the establishment of an authority (to be known as a “National Park authority”) to exercise, in relation to that Park, the functions conferred on the authority by virtue of this Act.
(2)Those conditions are—
(a)that the area is of outstanding national importance because of its natural heritage or the combination of its natural and cultural heritage,
(b)that the area has a distinctive character and a coherent identity, and
(c)that designating the area as a National Park would meet the special needs of the area and would be the best means of ensuring that the National Park aims are collectively achieved in relation to the area in a co-ordinated way.
(3)A proposal under subsection (1) must be in writing and must set out (in general terms)—
(a)the area which it is proposed should be designated as a National Park, and
(b)the functions which it is proposed the National Park authority should exercise.
(4)Such a proposal is referred to in this Act as a “National Park proposal”.
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Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.
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