The Local Government and Elections (Wales) Act 2021 (Consequential Amendments and Miscellaneous Provisions) Regulations 2021

The National Park Authorities (Wales) Order 1995

6.—(1) Paragraph 6(1) of Schedule 3 to the National Park Authorities (Wales) Order 1995(2) is amended as follows.

(2) In sub-paragraph (2)(a)—

(a) omit “of the time and place”;

(b) for “at the principal offices of the Authority” substitute “electronically”;

(c) for “be signed by” substitute “state the names of”.

(3) In sub-paragraph (2)(b)(3)—

(a) for “signed” substitute “authenticated”;

(b) for “left at or sent by post to the usual place of residence of” substitute “sent electronically to”;

(c) for “a copy” substitute “an electronic copy”(4).

(4) After sub-paragraph (2) insert—

“(2A) The notice of the meeting given under sub-paragraph (2)(a) must—

(a) where the meeting or part of the meeting is open to the public and is held through remote means only, give details of the time of the meeting and how to access it;

(b) where the meeting or part of the meeting is open to the public and is held partly through remote means or is not held through remote means, give details of the time and place of the meeting and how to access it;

(c) where the meeting is not open to the public and is held partly through remote means or is not held through remote means, give details of the time and place of the meeting and the fact that it is not open to the public;

(d) where the meeting is not open to the public and is held through remote means only, give details of the time of the meeting, and the fact that it is being held through remote means only and is not open to the public.

(2B) In sub-paragraph (2)(b) “authenticated” means signed or otherwise authenticated in such manner as the proper officer of the Authority considers appropriate.

(2C) Every member of the Authority must specify an electronic address for the purpose of receiving a summons referred to in sub-paragraph (2)(b).

(2D) In this paragraph, references to a meeting of the Authority held through remote means are to a meeting held by means of any equipment or other facility which enables persons who are not in the same place to speak and be heard by each other (whether or not the equipment or facility enables those persons to see or be seen by each other).”;

(5) In sub-paragraph (3)—

(i) for “he” substitute “that member”;

(ii) for “him” in each place it occurs, substitute “that member”;

(iii) for “other than his usual place of residence” substitute “rather than electronically”;

(iv) for “his” substitute “that member’s”.

(1)

Paragraph 6 was temporarily modified, in relation to meetings of national park authorities held between 22 April 2020 and the end of 30 April 2021, by S.I. 2020/442 (W. 100), regulation 18.

(2)

S.I. 1995/2803. There are amendments to Schedule 3 none of which are relevant.

(3)

Paragraph 6(2)(b) was amended by paragraph 52 of Schedule 4 to the Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755 (W. 90)).

(4)

The function of receiving a copy of the summons to a meeting of a national park authority under paragraph 6(2)(b) is conferred on the Welsh Ministers. The powers conferred on the Secretary of State by sections 63(1) and (5) of, and paragraphs 1(2) and (3), and 2(1) and (2) of Schedule 7 to, the Environment Act 1995 (c. 25) were, so far as exercisable in relation to Wales, transferred to the National Assembly for Wales by article 2 of, and Schedule 1 to, the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I 1999/672). Under article 3 of that Order, any reference in that Order to a function of a Minister of the Crown under an enactment includes a reference to any functions of that Minister which are included in any scheme, regulations, rules, order, bye-laws or other instrument having effect under or in relation to that enactment, and the power to confer functions on that Minister by any such scheme, regulations, rules, order, bye-laws or other instrument has effect as a power to confer such functions on the Assembly. By virtue of section 162 of, and paragraph 30 of Schedule 11 to, the Government of Wales Act 2006 (c. 32), the functions conferred on the National Assembly for Wales are now exercisable by the Welsh Ministers.