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- Original (As enacted)
This is the original version (as it was originally enacted).
(1)The Scottish Ministers may require—
(a)Scottish Natural Heritage, or
(b)any other public body appearing to them to have expertise relevant to the National Park aims,
to consider a National Park proposal and, after complying with subsection (5), to report to them, by such date as they may specify, on such of the matters set out in subsection (2) as the requirement may specify.
(2)Those matters are—
(a)the area which it is proposed should be designated as a National Park,
(b)the desirability of designating the area in question (with or without modifications) as a National Park,
(c)the functions which it is proposed the National Park authority for the Park should exercise,
(d)the likely annual costs and capital expenses of the authority in exercising its functions,
(e)such other matters relating to the proposal as the requirement may specify.
(3)Where the Scottish Ministers impose a requirement under subsection (1) they must send a copy of the National Park proposal to the person who is to provide the report (the “reporter”).
(4)A requirement under subsection (1) may be addressed to two or more persons and, if so—
(a)may impose different obligations on different persons,
(b)may contain provision modifying the application of subsection (5) in relation to those persons or any of them,
(c)must require those persons to provide their reports in a single document.
(5)The reporter must, on receipt of the National Park proposal—
(a)send a copy of it and of the requirement to every local authority any part of whose area is within the area to which the proposal relates,
(b)determine the period (which must be at least 12 weeks) for which the copy proposal and requirement are to be made available for public inspection under subsection (7) and notify every such authority of that period,
(c)publicise the proposal in such manner as the reporter thinks fit, and
(i)every such authority,
(ii)every community council any part of whose area is within the area to which the proposal relates,
(iii)such persons as appear to the reporter to be representative of the interests of those who live, work or carry on business in the area to which the proposal relates, and
(iv)such other persons as the reporter thinks fit,
on the proposal.
(6)The Scottish Ministers may give the reporter directions as to how the consultation under subsection (5)(d) is to be carried out; and the reporter must comply with those directions.
(7)A local authority receiving a copy proposal and requirement under subsection (5)(a) must make them available for public inspection for the period referred to in subsection (5)(b).
(8)In preparing a report under this section the reporter—
(a)must consider whether the conditions in section 2(2) are satisfied in relation to the area which it is proposed should be designated as a National Park,
(b)must have regard to the National Park aims,
(c)must take into account—
(i)any views on the National Park proposal expressed by those consulted under subsection (5)(d), and
(ii)any comments on the proposal received within the period referred to in subsection (5)(b), and
(d)may have regard to such other matters as the reporter considers relevant including, in particular, administrative boundaries and geographical considerations.
(9)A report under this section—
(a)must include the views of the reporter on the matters specified in the requirement,
(b)may include such other matters as the reporter considers relevant.
(10)The Scottish Ministers must publish and lay before the Parliament a report made to them under this section.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Text created by the Scottish Executive department responsible for the subject matter of the Act 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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