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National Parks (Scotland) Act 2000

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This is the original version (as it was originally enacted).

4Statements by the Scottish Ministers

This section has no associated Explanatory Notes

(1)Where the Scottish Ministers do not require a report under section 3(1) in relation to a National Park proposal they must—

(a)comply with subsection (3) of this section, and

(b)prepare, publish and lay before the Parliament a statement on the proposal dealing with the matters specified in subsection (2) of this section.

(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 Scottish Ministers think fit.

(3)Before preparing the statement the Scottish Ministers must—

(a)send a copy of the National Park proposal 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 is to be made available for public inspection under subsection (4) and notify every such authority of that period,

(c)publicise the proposal in such manner as they think fit, and

(d)consult—

(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 them 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 they think fit,

on the proposal.

(4)A local authority receiving a copy proposal under subsection (3)(a) must make it available for public inspection for the period referred to in subsection (3)(b).

(5)In preparing the statement the Scottish Ministers—

(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 (3)(d), and

(ii)any comments on the proposal received within the period referred to in subsection (3)(b), and

(d)may have regard to such other matters as they consider relevant including, in particular, administrative boundaries and geographical considerations.

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