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Countryside (Scotland) Act 1967

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[F1[F248A Regional parks.S

(1)A regional park is an extensive area of land, part of which is devoted to the recreational needs of the public.

(2)[F3Local authorities] shall have power—

(a)by order to designate lands within their [F3area] as regional parks, and

(b)to manage as a single administrative unit any parts of any such park which are under the control of the [F3authority],

and where it is appropriate that lands extending into [F4the area of] more than one [F3local authority] should be designated as a regional park the [F3authorities] concerned may jointly exercise the powers conferred by this subsection.

(3)Subject to subsection (4)(c) below, an order under subsection (2)(a) above shall not take effect until it is confirmed by the Secretary of State, who may confirm such order either without modification or subject to such modifications as he considers expedient.

(4)The Secretary of State shall by regulations made by statutory instrument prescribe the procedure for making orders under subsection (2)(a) above and the form of such orders; and (without prejudice to the generality of this subsection) the regulations shall make provision as follows:—

(a)that before an order under subsection (2)(a) above is submitted to the Secretary of State for confirmation, notice of the terms of the order shall be given to the owners, lessees and occupiers of land within the area designated in the order, and to such other persons, if any, as may be specified in the regulations;

(b)the objections and representations with respect to the order, if duly made in accordance with the regulations, shall be considered by the Secretary of State before he confirms the order;

(c)that if no objections or representations are made in respect of any order, or if any objections or representations made are withdrawn, the order shall not be submitted to the Secratary of State for confirmation, but shall be confirmed without modification as an unopposed order by the [F5local authority or authorities] who made it; and

(d)that copies of confirmed orders shall be served on such persons as may be specified in the regulations.

(5)Any statutory instrument made in terms of subsection (4) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(6)Where a planning application is made in relation to lands which fall within an area designated as a regional park, the planning authority shall have regard to the fact that the area has been so designated in considering the application.]]

Textual Amendments

F2S. 48A ceases to have effect for specified purposes (8.9.2000) by virtue of 2000 asp 10, s. 36, Sch. 5 para. 2(3)(4) (with s. 32); S.S.I. 2000/312, art. 2

F4Words inserted in s. 48A(2) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 72(3)(a); S.I. 1996/323,art. 4(1)(c)

F5Words inserted (1.4.1996) in s. 48A(4)(c) by 1994 c. 39, s. 180(1), Sch. 13 para. 72(3)(b);S.I. 1996/323, art. 4(1)(c)

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