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Environment Act 1995

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SCHEDULES

Section 1.

SCHEDULE 1E+W+S The Environment Agency

MembershipE+W+S

1(1)Subject to the following provisions of this paragraph, a member shall hold and vacate office in accordance with the terms of his appointment and shall, on ceasing to be a member, be eligible for re-appointment.E+W+S

(2)A member may at any time resign his office by giving notice to the appropriate Minister.

(3)The appropriate Minister may remove a member from that office if he is satisfied—

(a)that the member has been absent from meetings of the Agency for a period of more than three months without the permission of the Agency;

(b)that the member has been adjudged bankrupt, that his estate has been sequestrated or that he has made a composition or arrangement with, or granted a trust deed for, his creditors; or

(c)that the member is unable or unfit to carry out the functions of a member.

Chairman and deputy chairmanE+W+S

2The chairman or deputy chairman of the Agency shall hold office as such unless and until—E+W+S

(a)he resigns that office by giving notice to the Secretary of State, or

(b)he ceases to be a member,

and shall, on ceasing to be the chairman or deputy chairman, be eligible for further designation as such in accordance with section 1(3) of this Act at any time when he is a member.

Remuneration, pensions, etc.E+W+S

3(1)The Agency shall pay to its members such remuneration, and such travelling and other allowances, as may be determined by the appropriate Minister.E+W+S

(2)The Agency shall, if so required by the appropriate Minister,—

(a)pay such pension, allowances or gratuities as may be determined by that Minister to or in respect of a person who is or has been a member;

(b)make such payments as may be determined by that Minister towards provision for the payment of a pension, allowances or gratuities to or in respect of a person who is or has been a member; or

(c)provide and maintain such schemes (whether contributory or not) as may be determined by that Minister for the payment of pensions, allowances or gratuities to or in respect of persons who are or have been members.

(3)If, when any member ceases to hold office, the appropriate Minister determines that there are special circumstances which make it right that that member should receive compensation, the Agency shall pay to him a sum by way of compensation of such amount as may be so determined.

StaffE+W+S

4(1)The Agency may appoint such officers and employees as it may determine.E+W+S

(2)No member or other person shall be appointed by the Agency to act as chief executive of the Agency unless the Secretary of State has consented to the appointment of that person.

(3)The Agency may—

(a)pay such pensions, allowances or gratuities to or in respect of any persons who are or have been its officers or employees as it may, with the approval of the Secretary of State, determine;

(b)make such payments as it may so determine towards provision for the payment of pensions, allowances or gratuities to or in respect of any such persons;

(c)provide and maintain such schemes as it may so determine (whether contributory or not) for the payment of pensions, allowances or gratuities to or in respect of any such persons.

(4)Any reference in sub-paragraph (3) above to pensions, allowances or gratuities to or in respect of any such persons as are mentioned in that sub-paragraph includes a reference to pensions, allowances or gratuities by way of compensation to or in respect of any of the Agency’s officers or employees who suffer loss of office or employment or loss or diminution of emoluments.

Proceedings of the AgencyE+W+S

5Subject to the following provisions of this Schedule and to section 106 of the 1991 Act (obligation to carry out flood defence functions through committees), the Agency may regulate its own procedure (including quorum).E+W+S

Delegation of powersE+W+S

6Subject to section 106 of the 1991 Act, anything authorised or required by or under any enactment to be done by the Agency may be done—E+W+S

(a)by any member, officer or employee of the Agency who has been authorised for the purpose, whether generally or specially, by the Agency; or

(b)by any committee or sub-committee of the Agency which has been so authorised.

Members’ interestsE+W+S

7(1)A member who is in any way directly or indirectly interested in any matter that is brought up for consideration at a meeting of the Agency shall disclose the nature of his interest to the meeting; and, where such a disclosure is made—E+W+S

(a)the disclosure shall be recorded in the minutes of the meeting; and

(b)the member shall not take any part in any deliberation or decision of the Agency, or of any of its committees or sub-committees, with respect to that matter.

(2)For the purposes of sub-paragraph (1) above, a general notification given at a meeting of the Agency by a member to the effect that he—

(a)is a member of a specified company or firm, and

(b)is to be regarded as interested in any matter involving that company or firm,

shall be regarded as a sufficient disclosure of his interest in relation to any such matter.

(3)A member need not attend in person at a meeting of the Agency in order to make a disclosure which he is required to make under this paragraph if he takes reasonable steps to secure that the disclosure is made by a notice which is read and considered at the meeting.

(4)The Secretary of State may, subject to such conditions as he considers appropriate, remove any disability imposed by virtue of this paragraph in any case where the number of members of the Agency disabled by virtue of this paragraph at any one time would be so great a proportion of the whole as to impede the transaction of business.

(5)The power of the Secretary of State under sub-paragraph (4) above includes power to remove, either indefinitely or for any period, a disability which would otherwise attach to any member, or members of any description, by reason of such interests, and in respect of such matters, as may be specified or described by the Secretary of State.

(6)Nothing in this paragraph precludes any member from taking part in the consideration or discussion of, or voting on, any question whether an application should be made to the Secretary of State for the exercise of the power conferred by sub-paragraph (4) above.

(7)Any reference in this paragraph to a meeting of the Agency includes a reference to a meeting of any committee or sub-committee of the Agency.

Vacancies and defective appointmentsE+W+S

8The validity of any proceedings of the Agency shall not be affected by a vacancy amongst the members or by a defect in the appointment of a member.E+W+S

MinutesE+W+S

9(1)Minutes shall be kept of proceedings of the Agency, of its committees and of its sub-committees.E+W+S

(2)Minutes of any such proceedings shall be evidence of those proceedings if they are signed by a person purporting to have acted as chairman of the proceedings to which the minutes relate or of any subsequent proceedings in the course of which the minutes were approved as a correct record.

(3)Where minutes of any such proceedings have been signed as mentioned in sub-paragraph (2) above, those proceedings shall, unless the contrary is shown, be deemed to have been validly convened and constituted.

Application of seal and proof of instrumentsE+W+S

10(1)The application of the seal of the Agency shall be authenticated by the signature of any member, officer or employee of the Agency who has been authorised for the purpose, whether generally or specially, by the Agency.E+W+S

(2)In this paragraph the reference to the signature of a person includes a reference to a facsimile of a signature by whatever process reproduced; and, in paragraph 11 below, the word “signed” shall be construed accordingly.

Documents served etc. by or on the AgencyE+W+S

11(1)Any document which the Agency is authorised or required by or under any enactment to serve, make or issue may be signed on behalf of the Agency by any member, officer or employee of the Agency who has been authorised for the purpose, whether generally or specially, by the Agency.E+W+S

(2)Every document purporting to be an instrument made or issued by or on behalf of the Agency and to be duly executed under the seal of the Agency, or to be signed or executed by a person authorised by the Agency for the purpose, shall be received in evidence and be treated, without further proof, as being so made or issued unless the contrary is shown.

(3)Any notice which is required or authorised, by or under any provision of any other Act, to be given, served or issued by, to or on the Agency shall be in writing.

InterpretationE+W+S

12In this Schedule—E+W+S

  • the appropriate Minister”, in relation to any person who is or has been a member, means the Minister or the Secretary of State, according to whether that person was appointed as a member by the Minister or by the Secretary of State; and

  • member”, except where the context otherwise requires, means any member of the Agency (including the chairman and deputy chairman).

Sections 3 and 22.

SCHEDULE 2E+W+S Transfers of property etc: supplemental provisions

Part IE+W+S Introductory

InterpretationE+W+S

1In this Schedule—E+W+S

  • the chief inspector”—

    (a)

    in the application of this Schedule in relation to transfers by or under section 3 of this Act, means any of the inspectors or chief inspectors mentioned in section 2(1) of this Act;

    (b)

    in the application of this Schedule in relation to transfers by or under section 22 of this Act, means any of the inspectors or chief inspectors mentioned in section 21(1) of this Act;

    and any reference to the chief inspector for England and Wales or the chief inspector for Scotland shall be construed accordingly;

  • the relevant new Agency” means—

    (a)

    in the application of this Schedule in relation to transfers by or under section 3 of this Act, the Agency; and

    (b)

    in the application of this Schedule in relation to transfers by or under section 22 of this Act, SEPA;

  • transfer scheme” means a scheme under section 3 or 22 of this Act;

  • the transferor”, in relation to transfers by or under section 3 of this Act, means—

    (a)

    in the case of any transfer by section 3(1)(a) of this Act, the National Rivers Authority or the London Waste Regulation Authority, as the case may be; or

    (b)

    in the case of any transfer scheme, or any transfer by transfer scheme—

    (b)
    (i)

    the Secretary of State,

    (ii)

    the chief inspector, or

    (iii)

    any waste regulation authority,

    (as the case may be) from whom any property, rights or liabilities are, or are to be, transferred by that scheme;

  • the transferor”, in relation to transfers by or under section 22 of this Act, means—

    (a)

    in the case of any transfer by section 22(1)(a) of this Act, the river purification board in question; or

    (b)

    in the case of any transfer scheme, or any transfer by transfer scheme—

    (b)
    (i)

    the Secretary of State;

    (ii)

    the chief inspector; or

    (iii)

    any local authority,

    (as the case may be) from whom any property, rights or liabilities are, or are to be, transferred by that scheme; and, as respects any such local authority which is a district or islands council, includes, in relation to any time on or after 1st April 1996, the council for any local government area named in column 1 of Schedule 1 to the M1Local Government etc. (Scotland) Act 1994 which is wholly or partly conterminous with the area of that council.

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Commencement Information

I1Sch. 2 wholly in force at 12.10.1995; Sch. 2 not in force at Royal Asent see s. 125(3); Sch. 2 in force for specified purposes at 28.7.1995 by S.I. 1995/1983, art. 2; Sch. 2 in force for further specified purposes at 12.10.1995 by S.I. 1995/2649, art. 2(c)

Marginal Citations

The property etc. which may be transferredE+W+S

2(1)The property, rights and liabilities which are transferred by, or may be transferred by transfer scheme under, section 3 or 22 of this Act include—E+W+S

(a)property, rights and liabilities that would not otherwise be capable of being transferred or assigned by the transferor;

(b)in the case of a transfer scheme, such property, rights and liabilities to which the transferor may become entitled or subject after the making of the scheme and before the transfer date as may be specified in the scheme;

(c)property situated anywhere in the United Kingdom or elsewhere;

(d)rights and liabilities under enactments;

(e)rights and liabilities under the law of any part of the United Kingdom or of any country or territory outside the United Kingdom.

(2)The transfers authorised by paragraph (a) of sub-paragraph (1) above include transfers which, by virtue of that paragraph, are to take effect as if there were no such contravention, liability or interference with any interest or right as there would be, in the case of a transfer or assignment otherwise than by or under section 3 or 22 of this Act, by reason of any provision having effect (whether under any enactment or agreement or otherwise) in relation to the terms on which the transferor is entitled or subject to the property, right or liability in question.

(3)This paragraph is subject to paragraph 3 below.

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Commencement Information

I2Sch. 2 wholly in force at 12.10.1995; Sch. 2 not in force at Royal Asent see s. 125(3); Sch. 2 in force for specified purposes at 28.7.1995 by S.I. 1995/1983, art. 2; Sch. 2 in force for further specified purposes at 12.10.1995 by S.I. 1995/2649, art. 2(c)

Contracts of employmentE+W+S

3(1)The rights and liabilities that may be transferred by and in accordance with a transfer scheme include (subject to the following provisions of this paragraph) any rights or liabilities of the employer under the contract of employment of any person—E+W+S

(a)who is employed—

(i)in the civil service of the State;

(ii)by a body which is a waste regulation authority in England or Wales; or

(iii)by a local authority in Scotland;

(b)who appears to the appropriate authority to be employed for the purposes of, or otherwise in connection with, functions which are by virtue of this Act to become functions of a new Agency; and

(c)whom the appropriate authority considers it necessary or expedient to transfer into the employment of that new Agency;

and in the following provisions of this paragraph any reference to a “qualifying employee” is a reference to such a person.

(2)A transfer scheme which provides for the transfer of rights or liabilities under the contracts of employment of qualifying employees must identify those employees—

(a)by specifying them;

(b)by referring to persons of a description specified in the scheme (with or without exceptions); or

(c)partly in the one way and partly in the other.

(3)A transfer scheme shall not operate to transfer rights or liabilities under so much of a contract of employment as relates to an occupational pension scheme, other than any provisions of such a pension scheme which do not relate to benefits for old age, invalidity or survivors.

(4)Where a transfer scheme provides for the transfer of rights or liabilities under the contract of employment of a qualifying employee—

(a)all the employer’s rights, powers, duties and liabilities under or in connection with the contract of employment shall be transferred to the relevant new Agency on the transfer date by and in accordance with the scheme, and

(b)anything done by or in relation to the employer in respect of the qualifying employee before the transfer date shall be treated on and after that date as done by or in relation to the relevant new Agency,

except in a case where objection is made by the qualifying employee as mentioned in sub-paragraph (8)(b) below.

(5)Sub-paragraphs (6) and (7) below shall have effect in any case where rights or liabilities under the contract of employment of a qualifying employee are transferred by and in accordance with a transfer scheme.

(6)In a case falling within sub-paragraph (5) above—

(a)the transfer shall be regarded for the purposes of [F1section 138 of the Employment Rights Act 1996] (renewal of contract or re-engagement) as a renewal of the qualifying employee’s contract of employment, or a re-engagement of the qualifying employee, falling within subsection (1) of that section; and

(b)the qualifying employee shall accordingly not be regarded as having been dismissed by virtue of the transfer.

(7)In a case falling within sub-paragraph (5) above, for the purposes of [F2Chapter I of Part XIV of the Employment Rights Act 1996] (ascertainment of the length of an employee’s period of employment and whether that employment is continuous)—

(a)so much of the qualifying employee’s period of continuous employment as ends with the day preceding the transfer date shall be treated on and after that date as a period of employment with the relevant new Agency; and

(b)the continuity of the period of employment of the qualifying employee shall be treated as not having been broken by the transfer.

(8)Sub-paragraph (9) below shall have effect in any case where—

(a)a transfer scheme contains provision for the transfer of rights or liabilities under the contract of employment of a qualifying employee, but

(b)the qualifying employee informs the appropriate authority or the relevant new Agency that he objects to becoming employed by that new Agency.

(9)In a case falling within sub-paragraph (8) above—

(a)the transfer scheme—

(i)shall not operate to transfer any rights, powers, duties or liabilities under or in connection with the contract of employment; but

(ii)shall operate so as to terminate that contract on the day preceding the transfer date; and

(b)the qualifying employee shall not, by virtue of that termination, be treated for any purpose as having been dismissed.

(10)In this paragraph—

  • the appropriate authority” means—

    (a)

    in the case of a person employed in the civil service of the State, the Secretary of State;

    (b)

    in the case of a transfer scheme under section 3 of this Act and a person employed by a body which is a waste regulation authority, that body;

    (c)

    in the case of a transfer scheme under section 22 of this Act and a person employed by a local authority, that authority;

  • occupational pension scheme” has the meaning given by section 1 of the M2Pension Schemes Act 1993.

(11)This paragraph shall apply in relation to any qualifying employee as if, as respects any time before the transfer date,—

(a)any reference to a person’s contract of employment included a reference to his employment in the civil service of the State or to the terms of that employment, as the case may require; and

(b)any reference to the dismissal of a person included a reference to the termination of his employment in that service.

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Amendments (Textual)

F1Words in Sch. 2 para. 3(6) substituted (22.8.1996) by 1996 c. 18, ss. 240, 243, Sch. 1 para. 68(a) (with ss. 191-195, 202)

F2Words in Sch. 2 para. 3(7) substituted (22.8.1996) by 1996 c. 18, ss. 240, 243, Sch. 1 para. 68(b) (with ss. 191-195, 202)

Commencement Information

I3Sch. 2 wholly in force at 12.10.1995; Sch. 2 not in force at Royal Asent see s. 125(3); Sch. 2 in force for specified purposes at 28.7.1995 by S.I. 1995/1983, art. 2; Sch. 2 in force for further specified purposes at 12.10.1995 by S.I. 1995/2649, art. 2(c)

Marginal Citations

Part IIE+W+S Transfer schemes

Description of the property etc. to be transferred by schemeE+W+S

4A transfer scheme may define the property, rights and liabilities to be transferred by the scheme—E+W+S

(a)by specifying or describing the property, rights and liabilities in question;

(b)by referring to all (or all but so much as may be excepted) of the property, rights and liabilities comprised in a specified part of the undertaking of the transferor; or

(c)partly in the one way and partly in the other.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I4Sch. 2 wholly in force at 12.10.1995; Sch. 2 not in force at Royal Asent see s. 125(3); Sch. 2 in force for specified purposes at 28.7.1995 by S.I. 1995/1983, art. 2; Sch. 2 in force for further specified purposes at 12.10.1995 by S.I. 1995/2649, art. 2(c)

Division of property etc. to be transferred by scheme: creation of new rights and interestsE+W+S

5(1)For the purpose of making any division of property, rights or liabilities which it is considered appropriate to make in connection with the transfer of property, rights and liabilities by and in accordance with a transfer scheme, any such scheme may—E+W+S

(a)create in favour of the transferor an interest in, or right over, any property transferred by the scheme;

(b)create in favour of the relevant new Agency an interest in, or right over, any property retained by the transferor;

(c)create new rights and liabilities as between the relevant new Agency and the transferor; or

(d)in connection with any provision made by virtue of paragraph (a), (b) or (c) above, make incidental provision as to the interests, rights and liabilities of persons other than the transferor and the relevant new Agency with respect to the subject-matter of the transfer scheme;

and references in the other provisions of Part I of this Act to the transfer of property, rights or liabilities (so far as relating to transfers by and in accordance with transfer schemes) shall accordingly be construed as including references to the creation of any interest, right or liability by virtue of paragraph (a), (b) or (c) above or the making of provision by virtue of paragraph (d) above.

(2)The provision that may be made by virtue of paragraph (c) of sub-paragraph (1) above includes—

(a)provision for treating any person who is entitled by virtue of a transfer scheme to possession of a document as having given another person an acknowledgement in writing of the right of that other person to the production of the document and to delivery of copies of it; and

(b)in the case of a transfer scheme under section 3 of this Act, provision applying section 64 of the M3Law of Property Act 1925 (production and safe custody of documents) in relation to any case in relation to which provision falling within paragraph (a) above has effect.

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Commencement Information

I5Sch. 2 wholly in force at 12.10.1995; Sch. 2 not in force at Royal Asent see s. 125(3); Sch. 2 in force for specified purposes at 28.7.1995 by S.I. 1995/1983, art. 2; Sch. 2 in force for further specified purposes at 12.10.1995 by S.I. 1995/2649, art. 2(c)

Marginal Citations

Transfer schemes: incidental, supplemental and consequential provisionE+W+S

6(1)A transfer scheme may make such incidental, supplemental and consequential provision—E+W+S

(a)as the Secretary of State considers appropriate, in the case of a scheme made by him,

(b)as a body which is a waste regulation authority considers appropriate, in the case of a scheme made by that body under section 3 of this Act, or

(c)as a local authority considers appropriate, in the case of a scheme made by that authority under section 22 of this Act.

(2)Without prejudice to the generality of sub-paragraph (1) above, a transfer scheme may provide—

(a)that disputes as to the effect of the scheme between the transferor and the relevant new Agency are to be referred to such arbitration as may be specified in or determined under the transfer scheme;

(b)that determinations on such arbitrations and certificates given jointly by the transferor and the relevant new Agency as to the effect of the scheme as between them are to be conclusive for all purposes.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I6Sch. 2 wholly in force at 12.10.1995; Sch. 2 not in force at Royal Asent see s. 125(3); Sch. 2 in force for specified purposes at 28.7.1995 by S.I. 1995/1983, art. 2; Sch. 2 in force for further specified purposes at 12.10.1995 by S.I. 1995/2649, art. 2(c)

Modification of transfer schemesE+W+S

7(1)If at any time after a transfer scheme has come into force the Secretary of State considers it appropriate to do so, he may by order provide that the scheme shall for all purposes be deemed to have come into force with such modifications as may be specified in the order.E+W+S

(2)An order under sub-paragraph (1) above—

(a)may make, with effect from the coming into force of the transfer scheme in question, such provision as could have been made by the scheme; and

(b)in connection with giving effect to that provision from that time, may contain such supplemental, consequential or transitional provision as the Secretary of State considers appropriate.

(3)The Secretary of State shall not make an order under sub-paragraph (1) above except after consultation with—

(a)the relevant new Agency; and

(b)if the transfer scheme in question is—

(i)a scheme under section 3 of this Act which transferred property, rights or liabilities of a waste regulation authority, or

(ii)a scheme under section 22 of this Act which transferred property, rights or liabilities of a local authority,

the body which was the transferor in the case of that scheme.

(4)The power to make an order under sub-paragraph (1) above shall be exercisable by statutory instrument; and a statutory instrument containing any such order shall be subject to annulment in pursuance of a resolution of either House of Parliament.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I7Sch. 2 wholly in force at 12.10.1995; Sch. 2 not in force at Royal Asent see s. 125(3); Sch. 2 in force for specified purposes at 28.7.1995 by S.I. 1995/1983, art. 2; Sch. 2 in force for further specified purposes at 12.10.1995 by S.I. 1995/2649, art. 2(c)

Provision of information and assistance to the Secretary of State and the new Agencies in connection with transfer schemesE+W+S

8(1)It shall be the duty of each of the following, that is to say—E+W+S

(a)the chief inspector for England and Wales,

(b)any body which is a waste regulation authority in England or Wales, and

(c)any officer of such a body,

to provide the Secretary of State or the Agency with such information or assistance as the Secretary of State or, as the case may be, the Agency may reasonably require for the purposes of, or in connection with, the exercise of any powers of the Secretary of State or the Agency in relation to transfer schemes.

(2)It shall be the duty of each of the following, that is to say—

(a)the chief inspector for Scotland,

(b)any local authority, and

(c)any officer of a local authority,

to provide the Secretary of State or SEPA with such information or assistance as the Secretary of State or, as the case may be, SEPA may reasonably require for the purposes of, or in connection with, the exercise of any powers of the Secretary of State or SEPA in relation to transfer schemes.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I8Sch. 2 wholly in force at 12.10.1995; Sch. 2 not in force at Royal Asent see s. 125(3); Sch. 2 in force for specified purposes at 28.7.1995 by S.I. 1995/1983, art. 2; Sch. 2 in force for further specified purposes at 12.10.1995 by S.I. 1995/2649, art. 2(c)

Part IIIE+W+S General provisions with respect to transfers by or under section 3 or 22

ConsiderationE+W+S

9No consideration shall be provided in respect of the transfer of any property, rights or liabilities by or under section 3 or 22 of this Act; but—E+W+S

(a)a transfer scheme may contain provision for consideration to be provided by the relevant new Agency in respect of the creation of interests, rights or liabilities by means of the transfer scheme; and

(b)any such provision shall be enforceable in the same way as if the interests, rights or liabilities had been created, and (if the case so requires) had been capable of being created, by agreement between the parties.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I9Sch. 2 wholly in force at 12.10.1995; Sch. 2 not in force at Royal Asent see s. 125(3); Sch. 2 in force for specified purposes at 28.7.1995 by S.I. 1995/1983, art. 2; Sch. 2 in force for further specified purposes at 12.10.1995 by S.I. 1995/2649, art. 2(c)

ContinuityE+W+S

10(1)This paragraph applies in relation to—E+W+S

(a)any transfer of property, rights or liabilities by section 3 or 22 of this Act; or

(b)subject to any provision to the contrary in the transfer scheme in question, any transfer of property, rights or liabilities by a transfer scheme.

(2)Where this paragraph applies in relation to a transfer, then, so far as may be necessary for the purposes of, or in connection with, the transfer—

(a)any agreements made, transactions effected or other things done by or in relation to the transferor shall be treated as made, effected or done by or in relation to the relevant new Agency;

(b)references (whether express or implied and, if express, however worded) to the transferor in any agreement (whether in writing or not) or in any deed, bond, instrument or other document relating to the property, rights or liabilities transferred shall, as respects anything falling to be done on or after the transfer date, have effect as references to the relevant new Agency.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I10Sch. 2 wholly in force at 12.10.1995; Sch. 2 not in force at Royal Asent see s. 125(3); Sch. 2 in force for specified purposes at 28.7.1995 by S.I. 1995/1983, art. 2; Sch. 2 in force for further specified purposes at 12.10.1995 by S.I. 1995/2649, art. 2(c)

RemediesE+W+S

11(1)Without prejudice to the generality of paragraph 10 above, a new Agency and any other person shall, as from the transfer date, have the same rights, powers and remedies (and, in particular, the same rights and powers as to the taking or resisting of legal proceedings or the making or resisting of applications to any authority) for ascertaining, perfecting or enforcing any right or liability transferred to that new Agency by or under this Act as that new Agency or that person would have had if that right or liability had at all times been a right or liability of that new Agency.E+W+S

(2)Without prejudice to the generality of paragraph 10 above, any legal proceedings or applications to any authority pending immediately before the transfer date by or against a transferor, in so far as they relate to any property, right or liability transferred to the relevant new Agency by or under this Act or to any agreement relating to any such property, right or liability, shall be continued by or against the relevant new Agency to the exclusion of the transferor.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I11Sch. 2 wholly in force at 12.10.1995; Sch. 2 not in force at Royal Asent see s. 125(3); Sch. 2 in force for specified purposes at 28.7.1995 by S.I. 1995/1983, art. 2; Sch. 2 in force for further specified purposes at 12.10.1995 by S.I. 1995/2649, art. 2(c)

Perfection of vesting of foreign property, rights and liabilitiesE+W+S

12(1)This paragraph applies in the case of any transfer by or under section 3 or 22 of this Act of any foreign property, rights or liabilities.E+W+S

(2)It shall be the duty of the transferor and the relevant new Agency to take, as and when that new Agency considers it appropriate, all such steps as may be requisite to secure that the vesting in that new Agency by, or by transfer scheme under, section 3 or 22 of this Act of any foreign property, right or liability is effective under the relevant foreign law.

(3)Until the vesting in the relevant new Agency by, or by transfer scheme under, section 3 or 22 of this Act of any foreign property, right or liability is effective under the relevant foreign law, it shall be the duty of the transferor to hold that property or right for the benefit of, or to discharge that liability on behalf of, the relevant new Agency.

(4)Nothing in sub-paragraphs (2) and (3) above shall be taken as prejudicing the effect under the law of any part of the United Kingdom of the vesting in the relevant new Agency by, or by transfer scheme under, section 3 or 22 of this Act of any foreign property, right or liability.

(5)The transferor shall have all such powers as may be requisite for the performance of his duty under this paragraph, but it shall be the duty of the relevant new Agency to act on behalf of the transferor (so far as possible) in performing the duty imposed on the transferor by this paragraph.

(6)References in this paragraph to any foreign property, right or liability are references to any property, right or liability as respects which any issue arising in any proceedings would have been determined (in accordance with the rules of private international law) by reference to the law of a country or territory outside the United Kingdom.

(7)Duties imposed on the transferor or the relevant new Agency by this paragraph shall be enforceable in the same way as if the duties were imposed by a contract between the transferor and that new Agency.

(8)Any expenses reasonably incurred by the transferor under this paragraph shall be met by the relevant new Agency.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I12Sch. 2 wholly in force at 12.10.1995; Sch. 2 not in force at Royal Asent see s. 125(3); Sch. 2 in force for specified purposes at 28.7.1995 by S.I. 1995/1983, art. 2; Sch. 2 in force for further specified purposes at 12.10.1995 by S.I. 1995/2649, art. 2(c)

Section 12.

SCHEDULE 3E+W+S Environment protection advisory committees

IntroductoryE+W+S

1(1)In this Schedule, “scheme” means a scheme prepared under this Schedule.E+W+S

(2)Subject to sub-paragraph (1) above, expressions used in this Schedule and in section 12 of this Act have the same meaning in this Schedule as they have in that section.

Duty of Agency to prepare and submit schemes for each regionE+W+S

2(1)It shall be the duty of the Agency, in accordance with such guidance as may be given for the purpose by the Secretary of State,—E+W+S

(a)to prepare, in respect of each region, a scheme with respect to the appointment of persons as members of the advisory committee for that region; and

(b)to submit that scheme to the Secretary of State for his approval before such date as may be specified in the guidance.

(2)Every scheme shall—

(a)specify descriptions of bodies which, or persons who, appear to the Agency likely to have a significant interest in matters likely to be affected by the manner in which it carries out its functions in the region to which the scheme relates;

(b)indicate how the membership of the advisory committee is to reflect the different descriptions of bodies or persons so specified;

(c)specify or describe bodies which, and persons whom, the Agency proposes to consult in connection with appointments of persons as members of the advisory committee; and

(d)make provision with respect to such other matters as the Agency considers relevant to the membership of the advisory committee.

Approval of schemesE+W+S

3(1)A scheme shall not come into force unless it has been approved by the Secretary of State or until such date as he may specify for the purpose in giving his approval.E+W+S

(2)Where the Agency submits a scheme to the Secretary of State for his approval, it shall also submit to him—

(a)a statement of the Agency’s reasons for considering that the scheme is one which it is appropriate for him to approve; and

(b)such information in support of those reasons as it considers necessary.

(3)On submitting a scheme to the Secretary of State for his approval, the Agency shall publish the scheme, in such manner as it considers appropriate for bringing it to the attention of persons likely to be interested in it, together with a notice specifying the period within which representations or objections with respect to the scheme may be made to the Secretary of State.

(4)Where a scheme has been submitted to the Secretary of State for his approval, it shall be the duty of the Secretary of State, in determining whether to—

(a)approve the scheme,

(b)reject the scheme, or

(c)approve the scheme subject to modifications,

to consider any representations or objections made to him within the period specified pursuant to sub-paragraph (3) above and not withdrawn.

(5)Where the Secretary of State approves a scheme, with or without modifications, it shall be the duty of the Agency to take such steps as it considers appropriate for bringing the scheme as so approved to the attention of persons whom it considers likely to be interested in it.

Replacement and variation of approved membership schemesE+W+S

4(1)The Agency may from time to time, and if required to do so by the Secretary of State shall,—E+W+S

(a)prepare in accordance with paragraph 2 above a fresh scheme with respect to the appointment of persons as members of the advisory committee for any particular region; and

(b)submit that scheme to the Secretary of State for his approval;

and paragraph 3 above shall have effect accordingly in relation to any such scheme.

(2)An approved membership scheme may from time to time be varied by the Agency with the approval of the Secretary of State.

(3)The provisions of paragraph 3 above shall have effect in relation to any variation of an approved membership scheme as they have effect in relation to a scheme.

Appointment of membersE+W+S

5(1)Before appointing a person to be a member of an advisory committee, the Agency—E+W+S

(a)shall consult such of the associates for that advisory committee as it considers appropriate in the particular case; and

(b)may, if it considers it appropriate to do so, also consult bodies or persons who are not associates for that advisory committee.

(2)In this paragraph, “associates”, in the case of any advisory committee, means those bodies and persons specified or described in the approved membership scheme for that advisory committee pursuant to paragraph 2(2)(c) above.

Vacancies, defective appointments etc.E+W+S

6The validity of any proceedings of an advisory committee shall not be affected by—E+W+S

(a)any vacancy amongst the members;

(b)any defect in the appointment of a member; or

(c)any temporary breach of the terms of the approved membership scheme for the advisory committee.

Remuneration and allowancesE+W+S

7(1)The Agency shall pay to the chairman of an advisory committee such remuneration, and such travelling and other allowances, as the Secretary of State may determine.E+W+S

(2)The Agency shall pay to the members of an advisory committee other than the chairman such sums by way of reimbursement (whether in whole or in part) for loss of remuneration, for travelling expenses and for other out-of-pocket expenses as the Secretary of State may determine.

Section 14.

SCHEDULE 4E+W+S Boundaries of regional flood defence areas

Power to make orderE+W+S

1(1)The relevant Minister may by order made by statutory instrument—E+W+S

(a)alter the boundaries of the area of any regional flood defence committee; or

(b)provide for the amalgamation of any two or more such areas.

(2)Where an order under this Schedule makes provision by reference to anything shown on a main river map, that map shall be conclusive evidence for the purposes of the order of what is shown on the map.

(3)The power to make an order under this Schedule shall include power to make such supplemental, consequential and transitional provision as the relevant Minister considers appropriate.

(4)In the case of an order under this Schedule amalgamating the areas of any two or more regional flood defence committees, the provision made by virtue of sub-paragraph (3) above may include provision determining—

(a)the total number of members of the amalgamated committee; and

(b)the total number of such members to be appointed by the constituent councils of that committee;

and subsections (7) and (8) of section 16 of this Act shall apply in relation to so much of an order under this Schedule as is made by virtue of this sub-paragraph as they apply in relation to an order under subsection (5) of that section.

(5)In this paragraph and the following paragraphs of this Schedule “the relevant Minister” —

(a)in relation to any alteration of the boundaries of an area where the whole or any part of that area is in Wales, means the Ministers;

(b)in relation to the amalgamation of any two or more areas where the whole or any part of any one of those areas is in Wales, means the Ministers; and

(c)in any other case, means the Minister.

(6)In this paragraph—

  • main river” means a main river within the meaning of Part IV of the 1991 Act; and

  • main river map” has, subject to section 194 of the 1991 Act, the meaning given by section 193(2) of that Act.

Consultation and notice of intention to make orderE+W+S

2(1)Before making an order under this Schedule, the relevant Minister shall—E+W+S

(a)consult such persons or representative bodies as he considers it appropriate to consult at that stage;

(b)prepare a draft order;

(c)publish a notice complying with sub-paragraph (2) below in the London Gazette and in such other manner as he considers appropriate for bringing the draft order to the attention of persons likely to be affected by it if it is made.

(2)A notice for the purposes of sub-paragraph (1)(c) above with respect to a draft order shall—

(a)state the relevant Minister’s intention to make the order and its general effect;

(b)specify the places where copies of the draft order and of any map to which it refers may be inspected by any person free of charge at all reasonable times during the period of twenty-eight days beginning with the date on which the notice is first published otherwise than in the London Gazette; and

(c)state that any person may within that period by notice in writing to the relevant Minister object to the making of the order.

(3)The relevant Minister shall also cause copies of the notice and of the draft order to be served on every person carrying out functions under any enactment who appears to him to be concerned.

Objections to draft order and making of orderE+W+S

3(1)Before making an order under this Schedule, the relevant Minister—E+W+S

(a)shall consider any representations or objections which are duly made with respect to the draft order and are not withdrawn; and

(b)may, if he thinks fit, cause a local inquiry to be held with respect to any such representations or objections.

(2)Where notice of a draft order has been published and given in accordance with paragraph 2 above and any representations or objections considered under sub-paragraph (1) above, the relevant Minister may make the order either in the terms of the draft or in those terms as modified in such manner as he thinks fit, or may decide not to make the order.

(3)The relevant Minister shall not make a modification of a draft order in so far as the modification is such as to include in the area of any regional flood defence committee any tidal waters which, if the order had been made in the form of the draft, would have been outside the area of every regional flood defence committee.

Procedure for making of orderE+W+S

4(1)Where the relevant Minister makes an order under this Schedule, he shall serve notice of the making of the order on every person (if any) who—E+W+S

(a)is a person on whom notice is required to have been served under paragraph 2(3) above; and

(b)has duly made an objection to the making of the order that has not been withdrawn.

(2)Where a notice is required to be served under sub-paragraph (1) above with respect to any order, the order shall not have effect before the end of a period of twenty-eight days from the date of service of the last notice served under that sub-paragraph.

(3)If before an order takes effect under sub-paragraph (2) above—

(a)any person who has been served with a notice under sub-paragraph (1) above with respect to that order serves notice objecting to the order on the Minister (or, in the case of an order made jointly by the Ministers, on either of them), and

(b)the objection is not withdrawn,

the order shall be subject to special parliamentary procedure.

(4)A statutory instrument containing an order under this Schedule which is not subject to special parliamentary procedure under sub-paragraph (3) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Notice after making of orderE+W+S

5(1)Subject to sub-paragraph (2) below, after making an order under this Schedule, the relevant Minister shall publish in the London Gazette, and in such other manner as he considers appropriate for bringing the order to the attention of persons likely to be affected by it, a notice—E+W+S

(a)stating that the order has been made; and

(b)naming the places where a copy of the order may be inspected at all reasonable times.

(2)In the case of an order to which sub-paragraph (2) of paragraph 4 above applies, the notice—

(a)shall not be published until the end of the period of twenty-eight days referred to in that sub-paragraph; and

(b)shall state whether or not the order is to be subject to special parliamentary procedure.

Questioning of order in courtsE+W+S

6(1)Subject to sub-paragraph (3) below, if any person desires to question the validity of an order under this Schedule on the ground—E+W+S

(a)that it is not within the powers of this Schedule, or

(b)that any requirement of this Schedule has not been complied with,

he may, within six weeks after the date of the first publication of the notice required by paragraph 5 above, make an application for the purpose to the High Court.

(2)On an application under this paragraph the High Court, if satisfied—

(a)that the order is not within the powers of this Schedule, or

(b)that the interests of the applicant have been substantially prejudiced by a failure to comply with any of the requirements of this Schedule,

may quash the order either generally or in so far as it affects the applicant.

(3)Sub-paragraph (1) above—

(a)shall not apply to any order which is confirmed by Act of Parliament under section 6 of the M4Statutory Orders (Special Procedure) Act 1945; and

(b)shall have effect in relation to any other order which is subject to special parliamentary procedure by virtue of the provisions of this Schedule as if the reference to the date of the first publication of the notice required by paragraph 5 above were a reference to the date on which the order becomes operative under that Act of 1945.

(4)Except as provided by this paragraph the validity of an order under this Schedule shall not, either before or after the order has been made, be questioned in any legal proceedings whatsoever.

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Marginal Citations

Section 19.

SCHEDULE 5E+W+S Membership and proceedings of regional and local flood defence committees

Part IE+W+S Membership of flood defence committees

Terms of membershipE+W+S

1(1)Members of a flood defence committee (that is to say a regional flood defence committee or a local flood defence committee), other than those appointed by or on behalf of one or more constituent councils, shall hold and vacate office in accordance with the terms of their appointment.E+W+S

(2)The first members of a local flood defence committee appointed by or on behalf of any one or more constituent councils—

(a)shall come into office on the day on which the committee comes into existence or, in the case of a member who is for any reason appointed after that day, on the day on which the appointment is made; and

(b)subject to the following provisions of this Schedule, shall hold office until the end of May in such year as may be specified for the purposes of this paragraph in the scheme establishing the committee.

(3)Any members of a flood defence committee appointed by or on behalf of any one or more constituent councils who are not members to whom sub-paragraph (2) above applies—

(a)shall come into office at the beginning of the June next following the day on which they are appointed; and

(b)subject to the following provisions of this Schedule, shall hold office for a term of four years.

(4)If for any reason any such member as is mentioned in sub-paragraph (3) above is appointed on or after the day on which he ought to have come into office, he shall—

(a)come into office on the day on which he is appointed; and

(b)subject to the following provisions of this Schedule, hold office for the remainder of the term.

(5)References in this paragraph and the following provisions of this Schedule to a member of a flood defence committee include references to the chairman of such a committee.

Membership of constituent council as qualification for membership of committeeE+W+S

2(1)Members of a flood defence committee appointed by or on behalf of any one or more constituent councils may be members of that council, or one of those councils, or other persons.E+W+S

(2)Any member of a flood defence committee appointed by or on behalf of a constituent council who at the time of his appointment was a member of that council shall, if he ceases to be a member of that council, also cease to be a member of the committee with whichever is the earlier of the following—

(a)the end of the period of three months beginning with the date when he ceases to be a member of the council; and

(b)the appointment of another person in his place.

(3)For the purposes of sub-paragraph (2) above a member of a council shall not be deemed to have ceased to be a member of the council by reason of retirement if he has been re-elected a member of the council not later than the date of his retirement.

Disqualification for membership of committeeE+W+S

3(1)Subject to the following provisions of this paragraph, a person shall be disqualified for appointment as a member of a flood defence committee if he—E+W+S

(a)is a paid officer of the Agency; or

(b)is a person who has been adjudged bankrupt, or whose estate has been sequestrated or who has made a composition or arrangement with, or granted a trust deed for, his creditors; or

(c)within the period of five years before the day of his appointment, has been convicted, in the United Kingdom, the Channel Islands or the Isle of Man, of any offence and has had passed on him a sentence of imprisonment (whether suspended or not) for a period of not less than three months without the option of a fine; or

(d)is disqualified for being elected or for being a member of a local authority under [F3the Audit Commission Act 1998] or Part III of the Representation of the M5People Act 1983 (legal proceedings).

(2)Where a person is disqualified under sub-paragraph (1) above by reason of having been adjudged bankrupt, the disqualification shall cease—

(a)unless the bankruptcy order made against that person is previously annulled, on his discharge from bankruptcy; and

(b)if the bankruptcy order is so annulled, on the date of the annulment.

(3)Where a person is disqualified under sub-paragraph (1) above by reason of having had his estate sequestrated, the disqualification shall cease—

(a)unless the sequestration is recalled or reduced, on the person’s discharge under section 54 of the M6Bankruptcy (Scotland) Act 1985; and

(b)if the sequestration is recalled or reduced, on the date of the recall or reduction.

(4)Where a person is disqualified under sub-paragraph (1) above by reason of his having made a composition or arrangement with, or having granted a trust deed for, his creditors, the disqualification shall cease—

(a)if he pays his debts in full, on the date on which the payment is completed; and

(b)in any other case, at the end of five years from the date on which the terms of the deed of composition or arrangement, or of the trust deed, are fulfilled.

(5)For the purposes of sub-paragraph (1)(c) above the date of the conviction shall be taken to be—

(a)the ordinary date on which the period allowed for making an appeal or application with respect to the conviction expires; or

(b)if such an appeal or application is made, the date on which it is finally disposed of or abandoned or fails by reason of non-prosecution.

(6)Section 92 of the M7Local Government Act 1972 (proceedings for disqualification) shall apply in relation to disqualification under this paragraph for appointment as a member of a flood defence committee as it applies in relation to disqualification for acting as a member of a local authority.

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Amendments (Textual)

F3Words in Sch. 5 para. 3(1)(d) substituted (E.W.) (11.9.1998) by 1998 c. 18, ss. 54(1), 55(2), Sch. 3 para. 29

Marginal Citations

Vacation of office by disqualifying eventE+W+S

4(1)The office of a member of a flood defence committee shall become vacant upon the fulfilment of any of the following conditions, that is to say—E+W+S

(a)the person holding that office is adjudged bankrupt, is a person whose estate is sequestrated or makes a composition or arrangement with, or grants a trust deed for, his creditors;

(b)that person is convicted, in the United Kingdom, the Channel Islands or the Isle of Man, of any offence and has passed on him a sentence of imprisonment (whether suspended or not) for a period of not less than three months without the option of a fine;

(c)that person is disqualified for being elected or for being a member of a local authority under [F4the Audit Commission] or Part III of the M8Representation of the People Act 1983 (legal proceedings); or

(d)that person has, for a period of six consecutive months been absent from meetings of the committee, otherwise than by reason of illness or some other cause approved during the period by the committee.

(2)For the purposes of sub-paragraph (1)(d) above, the attendance of a member of a flood defence committee—

(a)at a meeting of any sub-committee of the committee of which he is a member, or

(b)at any joint committee to which he has been appointed by that committee,

shall be treated as attendance at a meeting of the committee.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F4Words in Sch. 5 para. 4(1)(c) substituted (E.W.) (11.9.1998) by 1998 c. 18, ss. 54(1), 55(2), Sch. 3 para. 29

Marginal Citations

Resignation of office by members of regional committeeE+W+S

5(1)The chairman of a regional flood defence committee may resign his office at any time by giving notice to the chairman of the Agency and to one of the Ministers.E+W+S

(2)Any other member of such a committee may resign his office at any time by giving notice to the chairman of the committee and also, if he was appointed by one of the Ministers, to that Minister.

Resignation of office by members of local committeeE+W+S

6(1)The chairman of a local flood defence committee may resign his office at any time by giving notice to the chairman of the regional flood defence committee.E+W+S

(2)Any other member of a local flood defence committee may resign his office at any time by giving notice to the chairman of that local flood defence committee.

Appointments to fill casual vacanciesE+W+S

7(1)Where, for any reason whatsoever, the office of a member of a flood defence committee becomes vacant before the end of his term of office, the vacancy—E+W+S

(a)shall, if the unexpired portion of the term of office of the vacating member is six months or more, be filled by the appointment of a new member; and

(b)may be so filled in any other case.

(2)A person appointed by virtue of sub-paragraph (1) above to fill a casual vacancy shall hold office for so long only as the former member would have held office.

Eligibility of previous members for re-appointmentE+W+S

8Subject to the provisions of this Schedule, a member of a flood defence committee shall be eligible for reappointment.E+W+S

Appointment of deputiesE+W+S

9(1)Subject to the following provisions of this paragraph, a person nominated by one or more constituent councils may act as deputy for a member of a flood defence committee appointed by or on behalf of that council or those councils and may, accordingly, attend and vote at a meeting of the committee, instead of that member.E+W+S

(2)A person nominated under sub-paragraph (1) above as deputy for a member of a flood defence committee may, by virtue of that nomination, attend and vote at a meeting of a sub-committee of that committee which—

(a)has been appointed by that committee under Part II of this Schedule; and

(b)is a committee to which the member for whom he is a deputy belongs.

(3)A person acting as deputy for a member of a flood defence committee shall be treated for the purposes for which he is nominated as a member of that committee.

(4)A person shall not act as deputy for a member of a flood defence committee unless his nomination has been notified to such officer of the Agency as is appointed to receive such nominations.

(5)A nomination under this paragraph shall be in writing and may apply either to a particular meeting or to all meetings during a stated period or until the nomination is revoked.

(6)A person shall not act as deputy for more than one member of a flood defence committee.

(7)Nothing in this paragraph shall entitle a person to attend and vote at a meeting of a local flood defence committee by reason of his nomination as deputy for a member of a regional flood defence committee.

Payments to past and present chairmen and to membersE+W+S

10(1)The Agency shall pay to any person who is a chairman of a flood defence committee such remuneration and allowances as may be determined by the relevant Minister.E+W+S

(2)If the relevant Minister so determines in the case of any person who is or has been chairman of a flood defence committee, the Agency shall pay or make arrangements for the payment of a pension in relation to that person in accordance with the determination.

(3)If a person ceases to be chairman of a flood defence committee and it appears to the relevant Minister that there are special circumstances which make it right that that person should receive compensation in respect of his ceasing to be chairman, the relevant Minister may require the Agency to pay to that person a sum of such amount as that Minister may determine.

(4)The Agency may pay to any person who is a member of a flood defence committee such allowances as may be determined by the relevant Minister.

(5)In this paragraph—

  • pension”, in relation to any person, means a pension (whether contributory or not) of any kind payable to or in respect of him, and includes an allowance, gratuity or lump sum so payable and a return of contributions with or without interest or any other addition; and

  • the relevant Minister”—

    (a)

    in relation to the regional flood defence committee for an area the whole or the greater part of which is in Wales and in relation to any local flood defence committee for any district comprised in the area of such a regional flood defence committee, means the Secretary of State; and

    (b)

    in relation to any other flood defence committee, means the Minister.

Part IIE+W+S Proceedings of flood defence committees

Appointment of sub-committees, joint sub-committees etc.E+W+S

11(1)For the purpose of carrying out any functions in pursuance of arrangements under paragraph 12 below—E+W+S

(a)a flood defence committee may appoint a sub-committee of the committee;

(b)two or more regional or two or more local flood defence committees may appoint a joint sub-committee of those committees;

(c)any sub-committee may appoint one or more committees of that sub-committee (“under sub-committees”).

(2)The number of members of any sub-committee and their terms of office shall be fixed by the appointing committee or committees or, in the case of an under sub-committee, by the appointing sub-committee.

(3)A sub-committee appointed under this paragraph may include persons who are not members of the appointing committee or committees or, in the case of an under sub-committee, the committee or committees of whom they are an under sub-committee; but at least two thirds of the members appointed to any such sub-committee shall be members of that committee or those committees, as the case may be.

(4)A person who is disqualified for being a member of a flood defence committee shall be disqualified also for being a member of a sub-committee or under sub-committee appointed under this paragraph.

Delegation of functions to sub-committees etc.E+W+S

12(1)Subject to section 106 of the 1991 Act and to any other express provision contained in any enactment, a flood defence committee may arrange for the carrying out of any of their functions—E+W+S

(a)by a sub-committee, or an under sub-committee of the committee or an officer of the Agency; or

(b)by any other regional or, as the case may be, local flood defence committee;

and two or more regional or two or more local flood defence committees may arrange to carry out any of their functions jointly or may arrange for the carrying out of any of their functions by a joint sub-committee of theirs.

(2)Where by virtue of this paragraph any functions of a flood defence committee or of two or more such committees may be carried out by a sub-committee, then, unless the committee or committees otherwise direct, the sub-committee may arrange for the carrying out of any of those functions by an under sub-committee or by an officer of the Agency.

(3)Where by virtue of this paragraph any functions of a flood defence committee or of two or more such committees may be carried out by an under sub-committee, then, unless the committee or committees or the sub-committee otherwise direct, the under sub-committee may arrange for the carrying out of any of those functions by an officer of the Agency.

(4)Any arrangements made by a flood defence committee under this paragraph for the carrying out of any function shall not prevent the committee from discharging their functions themselves.

(5)References in the preceding provisions of this paragraph to the carrying out of any functions of a flood defence committee include references to the doing of anything which is calculated to facilitate, or is conducive or incidental to, the carrying out of any of those functions.

(6)A regional flood defence committee shall not, under this paragraph, make arrangements for the carrying out in a local flood defence district of any functions which fall to be carried out there by the local flood defence committee.

Rules of procedureE+W+S

13(1)A flood defence committee may, with the approval of the relevant Minister, make rules for regulating the proceedings of the committee.E+W+S

(2)Nothing in section 6(4) of this Act or section 105 or 106 of the 1991 Act shall entitle the Agency to make any arrangements or give any directions for regulating the proceedings of any flood defence committee.

(3)In this paragraph “the relevant Minister” has the same meaning as in paragraph 10 above.

Declarations of interest etc.E+W+S

14(1)Subject to the following provisions of this paragraph, the provisions of sections 94 to 98 of the M9Local Government Act 1972 (pecuniary interests of members of local authorities) shall apply in relation to members of a flood defence committee as those provisions apply in relation to members of local authorities.E+W+S

(2)In their application by virtue of this paragraph those provisions shall have effect in accordance with the following provisions—

(a)for references to meetings of the local authority there shall be substituted references to meetings of the committee;

(b)in section 94(4), for the reference to provision being made by standing orders of a local authority there shall be substituted a reference to provisions being made by directions of the committee;

(c)in section 96, for references to the proper officer of the local authority there shall be substituted a reference to an officer of the Agency appointed for the purposes of this paragraph; and

(d)section 97 shall apply as it applies to a local authority other than a parish or community council.

(3)Subject to sub-paragraph (4) below, a member of a flood defence committee shall be disqualified, for so long as he remains such a member and for twelve months after he ceases to be such a member, for appointment to any paid office by the Agency or any regional flood defence committee.

(4)Sub-paragraph (3) above shall not disqualify any person for appointment to the office of chairman of a local flood defence committee.

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Marginal Citations

Authentication of documentsE+W+S

15(1)Any notice or other document which a flood defence committee are required or authorised to give, make or issue by or under any enactment may be signed on behalf of the committee by any member of the committee or any officer of the Agency who is generally or specifically authorised for that purpose by a resolution of the committee.E+W+S

(2)Any document purporting to bear the signature of a person expressed to be authorised as mentioned in sub-paragraph (1) above shall be deemed, unless the contrary is shown, to be duly given, made or issued by authority of the committee.

(3)In this paragraph “signature” includes a facsimile of a signature by whatever process reproduced.

Proof and validity of proceedingsE+W+S

16(1)A minute of the proceedings of a meeting of a flood defence committee, purporting to be signed at that or the next ensuing meeting by—E+W+S

(a)the chairman of the meeting to the proceedings of which the minute relates, or

(b)by the chairman of the next ensuing meeting,

shall be evidence of the proceedings and shall be received in evidence without further proof.

(2)Where a minute has been signed as mentioned in sub-paragraph (1) above in respect of a meeting of a committee or sub-committee, then, unless the contrary is shown—

(a)the meeting shall be deemed to have been duly convened and held;

(b)all the proceedings had at any such meeting shall be deemed to have been duly had; and

(c)that committee or sub-committee shall be deemed to have been duly constituted and have had power to deal with the matters referred to in the minute.

(3)The validity of any proceedings of a flood defence committee shall not be affected by any vacancy among the members of the committee or by any defect in the appointment of such a member.

Section 20.

SCHEDULE 6E+W+S The Scottish Environment Protection Agency

StatusE+W+S

1SEPA shall be a body corporate with a common seal.E+W+S

2Subject to section 38 of this Act, SEPA shall not—E+W+S

(a)be regarded as a servant or agent of the Crown;

(b)have any status, immunity or privilege of the Crown;

(c)by virtue of its connection with the Crown, be exempt from any tax, duty, rate, levy or other charge whatsoever whether general or local,

and its property shall not be regarded as property of, or held on behalf of, the Crown.

MembershipE+W+S

3SEPA shall consist of not less than eight, nor more than twelve, members appointed by the Secretary of State.E+W+S

4In making appointments under paragraph 3 above, the Secretary of State shall have regard to the desirability of appointing persons who have knowledge or experience in some matter relevant to the functions of SEPA.E+W+S

5Subject to paragraphs 7 and 8 below, each member—E+W+S

(a)shall hold and vacate office in accordance with the terms of his appointment;

(b)may, by giving notice to the Secretary of State, resign his office; and

(c)after ceasing to hold office shall be eligible for reappointment as a member.

6The Secretary of State may, by order made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament, amend paragraph 3 above so as to substitute for the numbers for the time being specified as, respectively, the minimum and maximum membership such other numbers as he thinks fit.E+W+S

7The Secretary of State may remove a member from office if he is satisfied that the member—E+W+S

(a)has been absent from meetings of SEPA for a period longer than three months without the permission of SEPA; or

(b)has been adjudged bankrupt, has made an arrangement with his creditors, has had his estate sequestrated or has granted a trust deed for his creditors or a composition contract; or

(c)is unable or unfit to carry out the functions of a member.

Chairman and deputy chairmanE+W+S

8(1)The Secretary of State shall appoint one of the members of SEPA to be chairman and another of those members to be deputy chairman.E+W+S

(2)The chairman and deputy chairman shall hold and vacate office in terms of their appointments.

(3)A member who is chairman or deputy chairman may resign his office by giving notice to the Secretary of State; but if the chairman or deputy chairman ceases to be a member (whether or not on giving notice under paragraph 5(b) above) he shall cease to be chairman or, as the case may be, deputy chairman.

(4)A person who ceases to be chairman or deputy chairman shall be eligible for reappointment as such under sub-paragraph (1) above at any time when he is a member.

Remuneration, pensions, etc.E+W+S

9(1)SEPA shall—E+W+S

(a)pay to its members such remuneration and such travelling and other allowances (if any); and

(b)as regards any member or former member in whose case the Secretary of State may so determine—

(i)pay such pension, allowance or gratuity to or in respect of him;

(ii)make such payments towards the provision of such pension, allowance or gratuity; or

(iii)provide and maintain such schemes (whether contributory or not) for the payment of pensions, allowances or gratuities,

as the Secretary of State may determine.

(2)If a person ceases to be a member, and it appears to the Secretary of State that there are special circumstances which make it right that he should receive compensation, the Secretary of State may require SEPA to pay to that person a sum of such amount as the Secretary of State may determine.

StaffE+W+S

10(1)There shall be a chief officer of SEPA.E+W+S

(2)The Secretary of State shall, after consultation with the chairman or person designated to be chairman (if there is a person holding or designated to hold that office), make the first appointment of chief officer on such terms and conditions as he may determine; and thereafter SEPA may, with the approval of the Secretary of State, make subsequent appointments to that office on such terms and conditions as it may with such approval determine.

11SEPA may appoint such other employees as it thinks fit.E+W+S

12(1)SEPA shall, in the case of such of its employees or former employees as it may, with the approval of the Secretary of State, determine—E+W+S

(a)pay such pensions, allowances or gratuities to or in respect of those employees;

(b)make such payments towards provision of such pensions, allowances or gratuities; or

(c)provide and maintain such schemes (whether contributory or not) for the payment of such pensions, allowances or gratuities,

as it may, with the approval of the Secretary of State, determine.

(2)References in sub-paragraph (1) above to pensions, allowances or gratuities in respect of employees of SEPA include references to pensions, allowances or gratuities by way of compensation to or in respect of any such employee who suffers loss of office or employment.

ProceedingsE+W+S

13(1)SEPA may regulate its own procedure and that of any committee established by it (including making provision in relation to the quorum for its meetings and the meetings of any such committee).E+W+S

(2)The proceedings of SEPA and of any committee established by it shall not be invalidated by any vacancy amongst its members or the members of such committee or by any defect in the appointment of such member.

CommitteesE+W+S

14(1)SEPA may appoint persons who are not members of it to be members of any committee established by it, but at least one member of any such committee shall be a member of SEPA.E+W+S

(2)SEPA shall pay to a person so appointed such remuneration and allowances (if any) as the Secretary of State may determine.

(3)Any committee established by SEPA shall comply with any directions given to them by it.

Delegation of powersE+W+S

15(1)Anything authorised or required by or under any enactment to be done by SEPA may be done by any of its committees which, or by any of its members or employees who, is authorised (generally or specifically) for the purpose by SEPA.E+W+S

(2)Nothing in sub-paragraph (1) above shall prevent SEPA from doing anything that a committee, member or employee has been authorised or required to do.

Regional BoardsE+W+S

16(1)Without prejudice to the generality of its power to establish committees, SEPA shall establish committees (to be known as “Regional Boards”) for the purposes of discharging in relation to such areas as it may, with the approval of the Secretary of State, determine, such of its functions as it may, with such approval, determine.E+W+S

(2)A Regional Board shall have a chairman who shall be a member of SEPA and appointed to that office by SEPA.

(3)It shall be the duty of SEPA to comply with such guidance as the Secretary of State may from time to time give as to—

(a)the number of persons to be appointed to a Regional Board;

(b)the qualifications and experience which persons (other than members of SEPA) should have to be eligible for appointment to a Regional Board;

(c)the descriptions of bodies which, or persons who, have a significant interest in matters likely to be affected by the discharge by a Regional Board of its functions; and

(d)how the membership of a Regional Board is to reflect the different descriptions of bodies or persons referred to in paragraph (c) above.

(4)Anything authorised or required to be done by a Regional Board by virtue of sub-paragraph (1) above may be done by any member of the Board, or by any employee of SEPA, who is authorised (generally or specifically) for the purpose by the Board.

(5)Nothing in sub-paragraph (4) above shall prevent a Regional Board doing anything that a member or employee has been authorised or required to do.

Members’ interestsE+W+S

17(1)A member who is in any way directly or indirectly interested in any matter that is brought up for consideration at a meeting of SEPA shall disclose the nature of his interest to the meeting; and, where such a disclosure is made—E+W+S

(a)the disclosure shall be recorded in the minutes of the meeting; and

(b)the member shall not take any part in any deliberation or decision of SEPA or of any of its committees with respect to that matter.

(2)For the purposes of sub-paragraph (1) above, a general notification given at a meeting of SEPA by a member to the effect that he—

(a)is a member of a specified company or firm, and

(b)is to be regarded as interested in any matter involving that company or firm,

shall be regarded as a sufficient disclosure of his interest in relation to any such matter.

(3)A member need not attend in person at a meeting of SEPA in order to make a disclosure which he is required to make under this paragraph if he takes reasonable steps to secure that the disclosure is made by a notice which is read and considered at the meeting.

(4)The Secretary of State may, subject to such conditions as he considers appropriate, remove any disability imposed by virtue of this paragraph in any case where the number of members of SEPA disabled by virtue of this paragraph at any one time would be so great a proportion of the whole as to impede the transaction of business.

(5)The power of the Secretary of State under sub-paragraph (4) above includes power to remove, either indefinitely or for any period, a disability which would otherwise attach to any member, or members of any description, by reason of such interests, and in respect of such matters, as may be specified or described by the Secretary of State.

(6)Nothing in this paragraph precludes any member from taking part in the consideration or discussion of, or voting on, any question whether an application should be made to the Secretary of State for the exercise of the power conferred by sub-paragraph (4) above.

(7)In this paragraph—

(a)any reference to a meeting of SEPA includes a reference to a meeting of any of SEPA’s committees; and

(b)any reference to a member includes a reference to a person who is not a member of SEPA but who is a member of any such committee.

MinutesE+W+S

18(1)Minutes shall be kept of proceedings of SEPA and of its committees.E+W+S

(2)Minutes of any such proceedings shall be evidence of those proceedings if they are signed by a person purporting to have acted as chairman of the proceedings to which the minutes relate or of any subsequent proceedings in the course of which the minutes were approved as a correct record.

(3)Where minutes of any such proceedings have been signed as mentioned in sub-paragraph (2) above, those proceedings shall, unless the contrary is shown, be deemed to have been validly convened and constituted.

Section 63.

SCHEDULE 7E+W+S+N.I. National Park authorities

Status and constitution of authoritiesE+W

1(1)A National Park authority shall be a body corporate.E+W

(2)A National Park authority shall consist of—

(a)such number of local authority members as may be specified in the relevant order; and

(b)such number of members to be appointed by the Secretary of State as may be so specified.

(3)In the case of a National Park authority for a National Park in England, such number as may be specified in the relevant order of the number of members of the authority to be appointed by the Secretary of State shall be parish members.

(4)The number specified in the relevant order for any National Park authority as the number of members of that authority who are to be appointed by the Secretary of State shall—

(a)as respects any National Park authority for a National Park in England, be two less than the number of local authority members specified in the order; and

(b)as respects any National Park authority for a National Park in Wales, be equal to half the number of local authority members specified in the order.

(5)As respects any National Park authority for a National Park in England, the number specified in the relevant order as the number of parish members to be appointed by the Secretary of State shall be one less than one half of the total number of the members of the authority to be appointed by the Secretary of State.

(6)Accordingly—

(a)in the case of a National Park authority for a National Park in England, the effect of the relevant order shall be such that the total number of members of the authority will be an even number which is not a whole number multiple of four; and

(b)in the case of a National Park authority for a National Park in Wales, the number of local authority members specified in the relevant order shall be an even number.

Local authority membersE+W

2(1)The local authority members of a National Park authority shall be appointed by such of the councils for the principal areas wholly or partly comprised in the relevant Park as may be specified in or determined under the relevant order.E+W

(2)Each of the councils who are to appoint the local authority members of a National Park authority shall be entitled to appoint such number of those members as may be so specified or determined and to make any appointment required by reason of a vacancy arising in respect of a member appointed by that council.

(3)Before making any provision by the relevant order as to—

(a)the number of members of a National Park authority who are to be local authority members,

(b)the councils by whom the local authority members of a National Park authority are to be appointed, or

(c)the number of members to be appointed by each such council,

the Secretary of State shall consult the council for every principal area the whole or any part of which is comprised in the relevant Park; and the Secretary of State may make provision for excluding the council for any such area from the councils by whom the local authority members of a National Park authority are to be appointed only at the request of that council.

(4)A person shall not be appointed as a local authority member of a National Park authority unless he is a member of a principal council the area of which is wholly or partly comprised in the relevant Park; and, in appointing local authority members of a National Park authority, a principal council shall have regard to the desirability of appointing members of the council who represent wards, or (in Wales) electoral divisions, situated wholly or partly within the relevant Park.

(5)Subject to the following provisions of this Schedule, where a person who qualifies for his appointment by virtue of his membership of any council is appointed as a local authority member of a National Park authority—

(a)he shall hold office from the time of his appointment until he ceases to be a member of that council; but

(b)his appointment may, before any such cessation, be terminated for the purposes of, and in accordance with, sections 15 to 17 of the M10Local Government and Housing Act 1989 (political balance).

(6)Sub-paragraph (5)(a) above shall have effect so as to terminate the term of office of a person who, on retiring from any council, immediately becomes such a member again as a newly elected councillor; but a person who so becomes a member again shall be eligible for re-appointment to the National Park authority.

(7)The appointment of any person as a local authority member of a National Park authority may provide that he is not to be treated for the purposes of sub-paragraph (5) above as qualifying for his appointment by virtue of his membership of any council other than that specified in the appointment.

(8)In paragraph 2(1) of Schedule 1 to the M11Local Government and Housing Act 1989 (bodies to which appointments have to be made taking account of political balance), after paragraph (b) there shall be inserted the following paragraph—

(ba)a National Park authority;.

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Modifications etc. (not altering text)

C1Sch. 7 para. 2(6) extended (E.) (6.5.2002) by S.I. 2002/975, art. 2(c)

Marginal Citations

Parish members of English National Park authoritiesE+W

3(1)The parish members of an English National Park authority shall be appointed by the Secretary of State.E+W

(2)A person shall not be appointed as a parish member of an English National Park authority unless he is—

(a)a member of the parish council for a parish the whole or any part of which is comprised in the relevant Park; or

(b)the chairman of the parish meeting of a parish—

(i)which does not have a separate parish council; and

(ii)the whole or any part of which is comprised in the relevant Park.

(3)Subject to the following provisions of this Schedule, where a person who qualifies for his appointment by virtue of his membership of a parish council is appointed as a parish member of an English National Park authority, he shall hold office from the time of his appointment until he ceases to be a member of that parish council.

(4)Sub-paragraph (3) above shall have effect so as to terminate the term of office of a person who on retiring from any parish council immediately becomes such a member again as a newly elected councillor; but a person who so becomes a member again shall be eligible for re-appointment to the National Park authority.

(5)Subject to the following provisions of this Schedule, where a person who qualifies for his appointment by virtue of his being the chairman of a parish meeting is appointed as a parish member of an English National Park authority, he shall hold office from the time of his appointment until he ceases to be the chairman of that parish meeting.

(6)Sub-paragraph (5) above shall have effect so as to terminate the term of office of a person who is elected to succeed himself as chairman of any parish meeting; but a person who so becomes the chairman again shall be eligible for re-appointment to the National Park authority.

(7)Subject to the provisions of this Schedule, a parish member of an English National Park authority shall hold office in accordance with the terms of his appointment.

(8)In this paragraph, “English National Park authority” means a National Park authority for a National Park in England.

Members (other than parish members) appointed by the Secretary of StateE+W

4(1)Before appointing any person as a member of a National Park authority the Secretary of State shall consult, according to whether the relevant Park is in England or in Wales, either the [F5Countryside Agency] or the Countryside Council for Wales.E+W

(2)Subject to the following provisions of this Schedule, a person appointed as a member of a National Park authority by the Secretary of State—

(a)shall hold office for such period of not less than one year nor more than three years as may be specified in the terms of his appointment; but

(b)on ceasing to hold office shall be eligible for re-appointment.

(3)The term of office of a person appointed by the Secretary of State to fill such a vacancy in the membership of a National Park authority as occurs where a person appointed by the Secretary of State ceases to be a member of the authority before the end of his term of office may be for a period of less than one year if it is made to expire with the time when the term of office of the person in respect of whom the vacancy has arisen would have expired.

(4)Subject to the provisions of this Schedule, a member of a National Park authority appointed by the Secretary of State shall hold office in accordance with the terms of his appointment.

(5)This paragraph shall not apply to persons appointed as parish members of a National Park authority for a National Park in England or to their appointment as such members.

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Amendments (Textual)

F5Words in Sch. 7 para. 4(1) substituted (20.2.1999) by S.I. 1999/416, art. 3, Sch. 1 para. 17(6)

Chairman and deputy chairmanE+W

5(1)The members of a National Park authority shall elect, from amongst their members, both a chairman and a deputy chairman of the authority.E+W

(2)Subject to sub-paragraphs (3) and (4) below, the chairman and deputy chairman of a National Park authority shall be elected for a period not exceeding one year; but a person so elected shall, on ceasing to hold office at the end of his term of office as chairman or deputy chairman, be eligible for re-election.

(3)A person shall cease to hold office as chairman or deputy chairman of a National Park authority if he ceases to be a member of the authority.

(4)Where a vacancy occurs in the office of chairman or deputy chairman of a National Park authority, it shall be the duty of the members of that authority to secure that that vacancy is filled as soon as possible.

Removal of membersE+W

6(1)The Secretary of State may, by giving a local authority member of a National Park authority such written notice of the termination of his appointment as the Secretary of State considers appropriate, remove that member from office; but he shall do so only where he considers it appropriate to remove that member from office in consequence of the provisions of any order for varying either the area of the relevant Park or the number of local authority members of that authority .E+W

(2)The Secretary of State may remove from office any member of a National Park authority appointed by him, other than any parish member of a National Park authority for a National Park in England, either—

(a)by giving that member three months’ written notice of the termination of the appointment; or

(b)in such other manner as may be provided for in the terms of that member’s appointment.

(3)The Secretary of State may remove from office any parish member of a National Park authority for a National Park in England either—

(a)by giving that member such written notice of the termination of his appointment as the Secretary of State considers appropriate; or

(b)in such other manner as may be provided for in the terms of that member’s appointment;

but a parish member shall only be removed from office in the manner mentioned in paragraph (a) above where the Secretary of State considers it appropriate to do so in consequence of the provisions of any order for varying either the area of the relevant Park or the number of parish members of the National Park authority in question.

Disqualification of membersE+W+S+N.I.

7(1)A person is disqualified for becoming or remaining a member of a National Park authority if he holds any paid office or employment appointments to which are or may be made or confirmed by—E+W+S+N.I.

(a)the authority itself or any council by whom a local authority member of the authority is appointed;

(b)any committee or sub-committee of the authority or of any such council;

(c)any joint committee on which the authority or any such council is represented;

(d)as respects a National Park authority for a National Park in England—

(i)any parish council for, or parish meeting of, a parish the whole or any part of which is comprised in the relevant Park;

(ii)any committee or sub-committee of any such parish council or any committee of any such parish meeting; or

(iii)any joint committee on which any such parish council or parish meeting is represented; or

(e)any person himself holding an office or employment which disqualifies him for becoming a member of the authority.

(2)A person is also disqualified for becoming or remaining a member of a National Park authority if he holds any employment in a company which, in accordance with Part V of the M12Local Government and Housing Act 1989 other than section 73, is under the control of that authority.

(3)Section 92 of the 1972 Act (proceedings for disqualification) shall have effect in relation to a person who acts or claims to be entitled to act as a member of a National Park authority as it applies in relation to a person who acts or claims to be entitled to act as a member of a local authority, but as if—

(a)references in that section to a local government elector for the area concerned were references to a local government elector for any principal area the whole or any part of which is comprised in the relevant Park; and

(b)in subsection (6)(b) of that section (failure to deliver declaration of acceptance of office), the words from “of failure” to “or by reason” were omitted.

(4)Sections 1 to 3 of the M13Local Government and Housing Act 1989 (disqualification of persons holding politically restricted posts) shall have effect as if a National Park authority were a local authority for the purposes of Part I of that Act.

(5)In Part III of Schedule 1 to the House of Commons Disqualification Act 1975 (other disqualifying offices), in the M14entry inserted by section 1(2) of that Act of 1989 (politically restricted post), after “that Part” there shall be inserted “ or a National Park authority ”.

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Commencement Information

I13Sch. 7 para. 7 wholly in force at 1.4.1997; Sch. 7 para. 7(1)(3)-(5) in force at Royal Assent see s. 125(2); Sch. 7 para. 7(2) in force at 1.4.1997 by S.I. 1996/2560, art. 2

Marginal Citations

Vacation of office for failure to attend meetingsE+W

8Section 85 of the 1972 Act (failure to attend meetings) shall have effect in relation to a National Park authority as it has effect in relation to a local authority.E+W

Code of conduct for membersE+W

9Section 31 of the M15Local Government and Housing Act 1989 (code of conduct for members of local authorities) shall have effect as if a National Park authority were a local authority for the purposes of that section.E+W

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Modifications etc. (not altering text)

C2Sch. 7 para. 9 excluded (temp. until 27.11.2002) by S.I. 2001/3577, art. 3(1)(a)

Marginal Citations

Restrictions on voting on account of interests etc.E+W

10(1)Sections 94 to 98 of the 1972 Act (restrictions on voting) shall have effect in relation to meetings of a National Park authority as they have effect in relation to meetings of a local authority.E+W

(2)Section 19 of the M16Local Government and Housing Act 1989 (members’ interests) shall have effect as if a National Park authority were a local authority for the purposes of Part I of that Act.

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Modifications etc. (not altering text)

C3Sch. 7 para. 10 excluded (temp. until 27.11.2002) by S.I. 2001/3577, art. 3(1)(a)

Marginal Citations

Allowances and time off for membersE+W

11(1)A National Park authority shall be a body to which sections 174 to 176 of the 1972 Act (allowances for travelling, conferences and visits) shall apply and shall also be deemed to be a relevant authority for the purposes of section 18 of the M17Local Government and Housing Act 1989 (basic attendance and special responsibility allowances).E+W

(2)For the purposes of sub-paragraph (1) above references in section 18 of that Act of 1989 to a member of an authority who is a councillor shall be deemed, in relation to a National Park authority, to include references to a member of that authority who is appointed as such a member by the Secretary of State.

(3)F6. . .section 10 of that Act of 1989 (limit on paid leave for local authority duties) shall have effect as if a National Park authority were a relevant council for the purposes of that section.

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Amendments (Textual)

F6Words in Sch. 7 para. 11(3) repealed (22.8.1996) by 1996 c. 18, ss. 242, 243, Sch. 3 Pt. I (with ss. 191-195, 202)

Marginal Citations

Meetings and proceedings of the authorityE+W

12(1)The following provisions, that is to say—E+W

(a)the provisions of Part VI of Schedule 12 to the 1972 Act (proceedings and meetings of local authorities) and of section 99 of that Act so far as it relates to that Part of that Schedule; and

(b)the provisions of section 100 of that Act (admission of the public and press),

shall have effect as if a National Park authority were a local authority for the purposes of those provisions.

(2)In section 100J of the 1972 Act (bodies in addition to principal councils to which provisions as to access to meetings etc. apply)—

(a)in subsection (1), after paragraph (cc) there shall be inserted the following paragraph—

(cd)a National Park authority;

(b)in subsection (3), after “(cc)” there shall be inserted “ (cd) ”; and

(c)in subsection (4)(aa)—

(i)after “Navigation Committee” there shall be inserted “ or any National Park authority ”; and

(ii)for “body which” there shall be substituted “ person who ”.

(3)Section 20 of the M18Local Government and Housing Act 1989 (power to require adoption of certain procedural standing orders) shall have effect as if a National Park authority were a relevant authority for the purposes of that section.

(4)The validity of any proceedings of a National Park authority shall not be affected by a vacancy amongst its members, by any defect in the appointment of a member of the authority or by the want of qualification, or the disqualification, of any such member.

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Marginal Citations

Committees and sub-committees and officersE+W

13(1)Sections 101 to 106 of the 1972 Act (arrangements for committees and sub-committees) shall have effect as if a National Park authority were a local authority for the purposes of those sections.E+W

(2)Accordingly, section 13 of the M19Local Government and Housing Act 1989 (voting rights of members of certain committees) shall have effect as if a National Park authority were a relevant authority for the purposes of that section.

(3)It shall be the duty of a National Park authority, in relation to any committee or sub-committee to which this sub-paragraph applies, to secure—

(a)that the membership of the committee or sub-committee consists of or includes both local authority members of the authority and at least one member appointed to the authority by the Secretary of State;

(b)that the division of members of the authority who are members of the committee or sub-committee between—

(i)local authority members, and

(ii)members appointed to the authority by the Secretary of State,

is (as nearly as possible using whole numbers) in the same proportions as required, by virtue of paragraph 1(2) above, in the case of the authority itself; and

(c)that the quorum of the committee or sub-committee includes at least one local authority member of the authority and at least one member appointed to the authority by the Secretary of State.

(4)Sub-paragraph (3) above applies in the case of any National Park authority to the following committees and sub-committees, except those appointed under section 102(4) or (4A) of the 1972 Act (advisory committees), that is to say—

(a)any committee or sub-committee of the authority;

(b)any joint committee on which the authority is represented; and

(c)any sub-committee of such a joint committee.

(5)The proceedings of a committee or sub-committee to which sub-paragraph (3) above applies shall not be invalidated by any failure of a National Park authority to perform its duty under that sub-paragraph.

(6)The provisions of sections 112 to 119 and 151 of the 1972 Act (staff of local authorities) and of section 30 of the M20Local Government (Miscellaneous Provisions) Act 1976 (power to forgo repayment of remuneration) shall have effect as if a National Park authority were a local authority for the purposes of those provisions.

(7)The following provisions of the M21Local Government and Housing Act 1989 shall apply in relation to a National Park authority as they apply in relation to the authorities which are relevant authorities for the purposes of those provisions, that is to say—

(a)section 4 (designation and reports of head of paid service);

(b)section 5 (designation and reports of monitoring officer); and

(c)with the omission of subsection (4)(d) (assistants for political groups), section 8 (standing orders with respect to staff);

and section 7 of that Act (staff to be appointed on merit) shall apply to any appointment to paid office or employment under a National Park authority as it applies to an appointment to paid office or employment under a body which is a local authority for the purposes of Part I of that Act.

(8)Section 12 of that Act of 1989 (conflict of interest in staff negotiations) shall have effect as if references in that section to a local authority included references to a National Park authority.

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Marginal Citations

National Park OfficerE+W

14(1)Every National Park authority for a National Park shall secure that there is at all times an officer appointed by that authority to be responsible to the authority for the manner in which the carrying out of its different functions is co-ordinated.E+W

(2)For the purposes of this paragraph a National Park authority may adopt—

(a)any appointment which an existing authority has made under paragraph 15 of Schedule 17 to the 1972 Act in relation to any area wholly or partly comprised in the relevant Park; or

(b)if the relevant Park is in Wales, any appointment—

(i)which was made under that paragraph in relation to any such area, and

(ii)which was adopted by a National Park planning board, as defined in section 64 of this Act, by virtue of an order under paragraph 3A of Schedule 17 to the 1972 Act or section 2(1B) of the M22Town and Country Planning Act 1990.

(3)Before making or adopting an appointment under this paragraph or assigning additional responsibilities to a person holding such an appointment, a National Park authority shall consult, according to whether the Park in question is in England or in Wales, either the [F7Countryside Agency] or the Countryside Council for Wales.

(4)Sub-paragraph (3) above shall not apply in relation to the adoption of an appointment under this paragraph in relation to a National Park in Wales in any case where—

(a)the National Park authority in question is the National Park authority in relation to that National Park by virtue of an order under section 63 of this Act made by virtue of section 64(1) of this Act;

(b)the appointment in question was made or adopted by the body corporate which has so become that National Park authority, but in its capacity as the National Park planning board, as defined in section 64 of this Act, for the area of the National Park in question; and

(c)no additional responsibilities are, on the occasion of the adoption of the appointment, to be assigned to the person holding the appointment.

(5)A person who holds office with a National Park authority by virtue of an appointment made or adopted under this paragraph—

(a)may at the same time hold the office of head of that authority’s paid service, the office of monitoring officer in relation to that authority or both those offices; but

(b)shall not at the same time be that authority’s chief finance officer (within the meaning of section 5 of the M23Local Government and Housing Act 1989) or hold any office under any principal council.

(6)An officer holding office with a National Park authority by virtue of an appointment made or adopted under this paragraph shall be known as a National Park officer.

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Amendments (Textual)

F7Words in Sch. 7 para. 14(3) substituted (20.2.1999) by S.I. 1999/416, art. 3, Sch. 1 para. 17(6)

Marginal Citations

Personal liability of members and officersE+W

15Section 265 of the M24Public Health Act 1875 (personal liability of members and officers of certain authorities) shall have effect as if—E+W

(a)a National Park authority were an authority such as is mentioned in that section;

(b)the references in that section to a member of the authority included, in relation to a National Park authority, references to any person who is not such a member but for the time being serves as a member of a committee or sub-committee of such an authority;

(c)the references in that section to the purpose of executing that Act and to the purposes of that Act were each, in relation to a National Park authority, references to the purpose of carrying out the functions of that authority by virtue of Part III of this Act; and

(d)the words “or rate” were omitted.

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Marginal Citations

Liaison with parish and community councilsE+W

16A National Park authority shall make arrangements—E+W

(a)in the case of a National Park in England, with each parish council the area of which is comprised wholly or partly within the Park, or

(b)in the case of a National Park in Wales, with each community council the area of which is so comprised,

for the purpose of informing and consulting that council about the authority’s discharge of its functions.

Documents, notices, records, byelaws etc.E+W

17(1)The M25Local Government (Records) Act 1962 shall have effect in relation to a National Park authority as if that authority were a local authority for the purposes of that Act.E+W

(2)Subject to sub-paragraph (3) below, the following provisions of the 1972 Act, that is to say—

(a)sections 224 and 225(1) (custody and deposit of documents with a proper officer of the local authority),

(b)sections 228 and 229 (inspection of documents and photocopies),

(c)section 230 (reports and returns),

(d)sections 231 to 234 (service and authentication of documents), and

(e)without prejudice to their application by virtue of any other provision of Part III of this Act, sections 236 to 238 (byelaws),

shall have effect as if for the purposes of those provisions a National Park authority were a local authority or, in the case of section 224, a principal council.

(3)References in section 228 of the 1972 Act to a local government elector shall have effect for the purposes of that section as applied by sub-paragraph (2) above as if, in relation to a National Park authority, they were references to a local government elector for any principal area the whole or any part of which is comprised in the relevant Park.

(4)Section 41 of the M26Local Government (Miscellaneous Provisions) Act 1976 (evidence of resolutions and minutes of proceedings) shall have effect as if a National Park authority were a local authority for the purposes of that Act.

(5)Where a National Park authority has made any byelaws and those byelaws have been confirmed, that authority shall send a copy of the byelaws as confirmed to every council for a principal area the whole or any part of which is comprised in the relevant Park.

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Marginal Citations

Investigation in connection with maladministration etc.E+W

18(1)In section 25(1) of the M27Local Government Act 1974 (bodies subject to investigation under Part III of that Act), after paragraph (aa) there shall be inserted the following paragraph—E+W

(ab)a National Park authority;.

(2)In section 26(7) of that Act (no investigation where complaint relates to all or most of the inhabitants of an area), before paragraph (a) there shall be inserted the following paragraph—

(aa)where the complaint relates to a National Park authority, the area of the Park for which it is such an authority;.

(3)In section 34(1) of that Act (interpretation), in the definition of “member”, after “the joint board” there shall be inserted “ and in relation to a National Park authority, includes a member of any of the councils by whom a local authority member of the authority is appointed ”.

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Marginal Citations

Audit by Audit Commission auditor etc.E+W

F819. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

Meaning of “relevant order”E+W

20In this Schedule “the relevant order”, in relation to a National Park authority, means—E+W

(a)the order under section 63 of this Act establishing that authority;

(b)any order under that section relating to that authority; or

(c)any order made in relation to that authority in exercise of the power to amend an order under that section.

Section 65.

SCHEDULE 8E+W Supplemental and incidental powers of National Park authorities

Powers in relation to land etc.E+W

1(1)Subject to sub-paragraph (2) below, the following provisions, that is to say—E+W

(a)sections 120, 122 and 123 of the 1972 Act (powers of local authorities to acquire and dispose of land), and

(b)sections 128 to 131 of that Act (general provisions in relation to land transactions),

shall have effect as if, for the purposes of those provisions, a National Park authority were a principal council and the relevant Park were the authority’s area.

(2)The following provisions of the M28Local Government (Miscellaneous Provisions) Act 1976, that is to say—

(a)section 13 (compulsory acquisition of rights over land),

(b)section 15 (survey of land for the purposes of compulsory purchase),

(c)section 16 (obtaining information about land), and

(d)section 29 (repayment of unclaimed compensation),

shall apply in relation to a National Park authority as if the authority were a local authority for the purposes of that Act.

(3)Section 33 of the Local Government (Miscellaneous Provisions) Act 1982 (enforceability by local authorities of certain covenants relating to land) shall have effect as if references to a principal council included references to a National Park authority and as if the relevant Park were that authority’s area; and for the purposes of this paragraph the M29reference in subsection (1) of that section to section 111 of the 1972 Act shall have effect as a reference to section 65 of this Act.

(4)This paragraph shall be without prejudice to any power conferred on a National Park authority by virtue of paragraph 2 below.

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Marginal Citations

2(1)After section 244 of the M30Town and Country Planning Act 1990 (powers of joint planning boards) there shall be inserted the following section—E+W

244A Powers of National Park authorities under Part IX.

(1)A National Park authority shall, on being authorised to do so by the Secretary of State, have the same power to acquire land compulsorily as the local authorities to whom section 226 applies have under that section.

(2)A National Park authority shall have the same power to acquire land by agreement as the local authorities mentioned in subsection (1) of section 227 have under that subsection.

(3)Sections 226(1) and (7), 227, 229, 230, 232, 233 and 235 to 242 shall apply with the necessary modifications as if a National Park authority were a local authority to which those sections applied and as if the Park in relation to which it carries out functions were the authority’s area.

(2)Every such reference in that Act to the acquisition or appropriation of land for planning purposes as falls to be construed in accordance with section 246 of that Act shall be taken (so far as it would not otherwise do so) to include a reference to an acquisition or appropriation of land under any power conferred by virtue of sub-paragraph (1) above.

(3)The following provisions of that Act, that is to say—

(a)sections 251(1), 258(1), 260(1), 261, 271, 272 and 274 (extinguishing rights of way and other rights),

(b)sections 275 and 276 (extension and modification of functions of statutory undertakers), and

(c)section 324(6) (rights of entry),

shall have effect as if a National Park authority were a local authority for the purposes of that Act.

(4)The reference to a local authority in section 66(2) of the Planning (Listed Buildings and Conservation Areas) Act 1990 (which refers to the M31powers of a local authority under sections 232, 233 and 235(1) of the M32Town and Country Planning Act 1990) shall include a reference to a National Park authority.

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Marginal Citations

Miscellaneous transactions and powersE+W

3(1)The following provisions of the 1972 Act shall also have effect as if a National Park authority were a principal council for the purposes of that Act and as if the relevant Park were the authority’s area, that is to say—E+W

(a)section 132 (use of premises);

(b)section 135 (contracts of local authorities);

(c)section 136 (contributions towards expenditure on concurrent functions);

(d)section 139 (acceptance of gifts of property);

(e)sections 140, 140A and 140C (insurance);

(f)section 143 (subscriptions to local government associations); and

(g)sections 222 and 223 (conduct of prosecutions and participation in other legal proceedings).

(2)Section 38 of the M33Local Government (Miscellaneous Provisions) Act 1976 (use of spare capacity of local authority computers) shall have effect as if a National Park authority were a local authority for the purposes of that Act.

(3)Section 41 of the M34Local Government (Miscellaneous Provisions) Act 1982 (lost property) shall have effect as if a National Park authority were a local authority for the purposes of that Act.

(4)Section 45 of that Act of 1982 (arrangements under the M35Employment and Training Act 1973) shall have effect as if a National Park authority were a local authority to which that section applies.

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Marginal Citations

Transfer of securities on alteration of areaE+W

4Section 146 of the 1972 Act (transfer of securities on alteration of area) shall have effect as if a National Park authority were a local authority for the purposes of that Act and as if the reference in subsection (1)(b) of that section to an enactment similar to a provision of the 1972 Act included a reference to any provision of Part III of this Act.E+W

The Local Authorities (Goods and Services) Act 1970E+W

5The M36Local Authorities (Goods and Services) Act 1970 (supply of goods and services by local authorities) shall have effect as if a National Park authority were both a local authority and a public body for the purposes of that Act.E+W

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Marginal Citations

Power to execute works outside ParkE+W

6Any power to execute works which is conferred on a National Park authority by virtue of Part III of this Act or any other enactment shall be taken, except in so far as the contrary intention appears, to include power, for the purposes of the carrying out of the authority’s functions in relation to the relevant Park, to execute works of the relevant description outside, as well as inside, that Park.E+W

Power to promote BillsE+W

7(1)Section 239 of the 1972 Act (power of local authority to promote local or personal Bills) shall have effect in relation to a National Park authority as if it were a local authority for the purposes of that Act and as if the relevant Park were the authority’s area.E+W

(2)A National Park authority shall have no power by virtue of Part III of this Act to promote a Bill for—

(a)modifying the area of any National Park or any local government area;

(b)modifying the authority’s own constitution or that of any other National Park authority; or

(c)modifying the status or the electoral arrangements of any such local government area.

(3)In sub-paragraph (2) above—

  • electoral arrangements” means any electoral arrangements within the meaning of section 14(4) of the M37Local Government Act 1992 or any corresponding arrangements in relation to any area in Wales; and

  • local government area” means any local government area within the meaning of that Act or any area in Wales for which any council carries out functions of local government.

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Marginal Citations

Competitive tendering etc.E+W

8(1)Part III of the M38Local Government, Planning and Land Act 1980 (direct labour organisations) shall have effect in relation to a National Park authority as if such an authority were a local authority for the purposes of that Part.E+W

(2)In section 1(1) of the M39Local Government Act 1988 (defined authorities for the purposes of the provisions of that Act relating to competition), after paragraph (a) there shall be inserted the following paragraph—

(aa)a National Park authority;.

(3)In Schedule 2 to that Act of 1988 (bodies to which Part II of that Act applies), after the entry relating to the Broads Authority there shall be inserted— “ Any National Park authority ”.

F9(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)In section 33(3)(c) of that Act of 1988 (definition of “relevant public body” for the purposes of provisions relating to contracts with associated companies), after “within” there shall be inserted “ paragraph (aa) or ”.

(6)References in sections 8 to 10 of the M40Local Government Act 1992 (competition) to any provisions of that Act of 1980 or of that Act of 1988 shall include references to those provisions as they have effect by virtue of this paragraph.

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Amendments (Textual)

Marginal Citations

Restrictions on publicityE+W

9Part II of the M41Local Government Act 1986 (restrictions on publicity) shall have effect as if a National Park authority were a local authority for the purposes of that Part.E+W

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Marginal Citations

Provisions applying in relation to companies in which authorities have interestsE+W

10In section 67(3) of the M42Local Government and Housing Act 1989 (local authorities for the purposes of Part V of that Act), after paragraph (m) there shall be inserted the following paragraph—E+W

(ma)a National Park authority;.

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Marginal Citations

Provisions as to chargesE+W

11In section 152(2) of that Act of 1989 (provisions as to charges), after paragraph (j) there shall be inserted the following paragraph—E+W

(ja)a National Park authority;and section 151 of that Act (power to amend existing provisions as to charges) shall have effect as if references to an existing provision included references to any such provision as applied by Part III of this Act.

Service agency agreementsE+W

12Section 25 of the M43Local Government (Wales) Act 1994 (service agency agreements) shall have effect as if a National Park authority for any National Park in Wales were a new principal council for the purposes of that section.E+W

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Marginal Citations

Contracting outE+W

13Part II of the M44Deregulation and Contracting Out Act 1994 (contracting out) shall have effect as if a National Park authority were a local authority for the purposes of that Part.E+W

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Marginal Citations

Section 70.

SCHEDULE 9E+W Miscellaneous statutory functions of National Park authorities

Common land etc.E+W

1(1)The enactments specified in sub-paragraph (2) below shall have effect in relation to any registered common which—E+W

(a)is within any National Park for which a National Park authority is the local planning authority, and

(b)is not owned by, or vested in, any other body which is a local authority,

as if the National Park authority were a local authority for the purposes of those enactments and as if the relevant Park were that authority’s area.

(2)The enactments mentioned in sub-paragraph (1) above are—

(a)section 1 of the M45Commons Act 1899 (scheme for regulation);

(b)section 194(2) of the M46Law of Property Act 1925 (application for removal of works);

(c)section 23 of and Schedule 2 to the M47Caravan Sites and Control of Development Act 1960 (power of district council to prohibit caravans on commons); and

(d)section 9 of the M48Commons Registration Act 1965 (protection of unclaimed common land).

(3)In the M49Commons Act 1899 references to the council by which a scheme is made under section 1 of that Act shall be construed accordingly; and the powers conferred by sections 7 and 12 of that Act (acquisition of land and contributions to expenses) shall be exercisable by a National Park authority in relation to the relevant Park as they are exercisable by a district council in relation to their district.

(4)A National Park authority shall have the same power to make an application under section 18 of the M50Commons Act 1899 (modification of provisions for recreation grounds) as a local authority.

(5)References in this paragraph, in relation to an enactment specified in sub-paragraph (2) above or to any enactment contained in section 18 of the Commons Act 1899, to a local authority are references to any such local authority, within the M51meaning of the 1972 Act, as has functions conferred on it by or by virtue of that enactment.

(6)In this paragraph “registered common” means any land registered as common land or as a town or village green under the M52Commons Registration Act 1965.

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Marginal Citations

Open spacesE+W

2The M53Open Spaces Act 1906 shall have effect as if references in that Act to a local authority included references to a National Park authority.E+W

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Marginal Citations

Nature reservesE+W

3Sections 21 and 22 of the National Parks and Access to the M54Countryside Act 1949 (establishment of nature reserves and application of enactments to local authority reserves) shall have effect as if the bodies on whom powers are conferred by section 21 of that Act included every National Park authority and as if the relevant Park were the authority’s area; and references in those sections to a local authority and to their area shall be construed accordingly.E+W

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Marginal Citations

Caravan sitesE+W

4In the M55Caravan Sites and Control of Development Act 1960—E+W

(a)section 24 (power to provide sites for caravans), and

(b)paragraph 11 of Schedule 1 to that Act (no licence required for land occupied by a local authority),

shall have effect as if a National Park authority were a local authority for the purposes of that Act and as if the relevant Park were that authority’s area.

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Marginal Citations

Country ParksE+W

5The M56Countryside Act 1968 shall have effect as if a National Park authority were a local authority for the purposes of—E+W

(a)sections 6 to 8 of that Act (country parks);

(b)section 9 of that Act (powers exercisable over or near common land); and

(c)section 41 of that Act (byelaws) in so far as it has the effect in relation to—

(i)any country park provided under section 7 of that Act, or

(ii)any land as respects which any powers under section 9 of that Act have been exercised,

of conferring powers on a local authority or of applying provisions of section 92 of the National Parks and Access to the M57Countryside Act 1949 (wardens);

and the references to a local authority in sections 43 to 45 of that Act of 1968 (general provisions as to the powers of local authorities) shall have effect accordingly.

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Marginal Citations

Provision of information and encouragement of visitorsE+W

6Sections 142 and 144 of the 1972 Act (provision of information about local services and encouragement of visitors) shall have effect (subject to paragraph 9 of Schedule 8 to this Act) as if a National Park authority were a local authority for the purposes of that Act and as if the relevant Park were the authority’s area.E+W

Derelict land etc.E+W

7The provisions of section 16 of the M58Welsh Development Agency Act 1975 and of section 1 of the M59Derelict Land Act 1982 (powers for the improvement of land) shall have effect in relation to land in a National Park for which a National Park authority is the local planning authority as if references in those provisions to a local authority included references to the National Park authority and as if the relevant Park were the authority’s area.E+W

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Marginal Citations

Recreational facilitiesE+W

8Section 19 of the M60Local Government (Miscellaneous Provisions) Act 1976 (recreational facilities) shall have effect as if the powers conferred by that section on local authorities were also conferred, so as to be exercisable within a National Park for which a National Park authority is the local planning authority, on that authority.E+W

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Marginal Citations

Refuse DisposalE+W

9(1)Subject to sub-paragraph (2) below, references to a local authority in the M61Refuse Disposal (Amenity) Act 1978 shall have effect in relation to land in a National Park for which a National Park authority is the local planning authority as if they included references to that authority and as if the relevant Park were the authority’s area.E+W

(2)Sub-paragraph (1) above shall not apply, in relation to any time before the coming into force of the repeal of section 1 of that Act, to any reference in that section.

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Marginal Citations

Ancient Monuments and Archaeological AreasE+W

10(1)Subject to sub-paragraph (2) below, Parts I and II of the M62Ancient Monuments and Archaeological Areas Act 1979 shall have effect as if in relation—E+W

(a)to any monument in a National Park for which a National Park authority is the local planning authority, or

(b)to any area the whole or any part of which is comprised in such a Park,

the references in those Parts to a local authority included references to that National Park authority.

(2)Section 35 of that Act (notice of operations affecting area of archaeological importance) shall have effect in relation to land in such a National Park as is mentioned in sub-paragraph (1) above as if—

(a)any notice required to be served on a local authority under that section were required, instead, to be served on the National Park authority; and

(b)the functions conferred on a local authority by virtue of that section had been conferred instead on the National Park authority.

(3)Section 45(2) and (3) of that Act (assistance for archaeological investigations) shall have effect as if a National Park authority were a local authority for the purposes of that Act and as if the relevant Park were the authority’s area.

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Marginal Citations

Footpaths and bridlewaysE+W

11The following provisions of the M63Highways Act 1980, that is to say—E+W

(a)sections 25 to 29 (footpaths and bridleways),

(b)section 72(2) (widening of public paths),

(c)sections 118 to 121 (stopping up and diversion of public paths), and

(d)Schedule 6 (procedure for orders),

shall have effect as if references in those sections to a local authority or council included references to a National Park authority and as if the relevant Park were the authority’s area.

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Marginal Citations

LitterE+W

12The following provisions, that is to say—E+W

(a)section 4 of the M64Litter Act 1983 (consultations and proposals for the abatement of litter), and

(b)section 88 of the M65Environmental Protection Act 1990 (fixed penalty notices for leaving litter),

shall have effect as if a National Park authority were a litter authority for the purposes of those provisions, as if the relevant Park were the authority’s area and as if the reference in that section 4 to the authority’s area were a reference to any part of the relevant Park.

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Marginal Citations

Listed and historic buildingsE+W

13(1)In the case of a building situated in a National Park for which a National Park authority is the local planning authority, that authority and no other authority shall be the appropriate authority for the purposes of sections 47 to 51 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (purchase of listed buildings etc in need of repair); and the M66reference to a local authority in section 88(5) of that Act (rights of entry) and in section 6 of the M67Historic Buildings and Ancient Monuments Act 1953 (under which grants for the acquisition of buildings in Wales may be made) shall have effect accordingly.E+W

(2)In relation to any building or land in any such National Park, the powers conferred on a county council or county borough council by section 52 of that Act of 1990 (power to acquire building and land by agreement) shall be exercisable by the National Park authority, and not (without prejudice to their powers apart from that section) by any other authority; and subsection (2) of that section shall have effect accordingly.

(3)Section 53(1) of that Act (management of listed buildings etc. acquired under the Act) shall apply in relation to the powers conferred by virtue of this paragraph on a National Park authority as it applies in relation to the powers conferred by sections 47 and 52 of that Act on a local authority.

(4)That Act shall have effect as if a National Park authority were a local authority for the purposes of—

(a)sections 54 and 55 of that Act (urgent works to preserve listed buildings etc.), and

(b)sections 57 and 58 of that Act (power of local authorities to contribute towards preservation of listed buildings etc.),

and, in relation to those provisions, as if the relevant Park were the authority’s area.

(5)In relation to the powers conferred on a National Park authority by virtue of this paragraph, section 88 of that Act (powers of entry) shall have effect as if references in that section to a local authority included references to a National Park authority.

(6)References to a local authority in section 90(1) to (4) of that Act (financial provisions) shall be deemed to include references to a National Park authority.

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Marginal Citations

Hazardous substancesE+W

14(1)For the purposes of the M68Planning (Hazardous Substances) Act 1990, where a National Park authority is the local planning authority for any National Park, that authority, and no other authority, shall be the hazardous substances authority for land in the relevant Park.E+W

(2)References to a local authority in sections 12 and 38(1) to (4) of that Act (government consent to local authority activities and financial provisions) shall be deemed to include references to a National Park authority.

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Marginal Citations

Local CharitiesE+W

15Sections 76 to 78 of the M69Charities Act 1993 (local charities) shall have effect as if the references to a council for any area included references to a National Park authority and as if the relevant Park were the authority’s area.E+W

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Marginal Citations

Overseas AssistanceE+W

16The M70Local Government (Overseas Assistance) Act 1993 shall have effect as if a National Park authority were a local authority for the purposes of that Act.E+W

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Marginal Citations

Section 78.

SCHEDULE 10E+W Minor and consequential amendments relating to National Parks

The Finance Act 1931 (c. 28)E+W

F101. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F10Sch. 10 para. 1 repealed (19.11.1998) by 1998 c. 43, s. 1(1), Sch. 1 Pt. IV Group 2

The National Parks and Access to the Countryside Act 1949 (c. 97)E+W

2(1)In section 6 of the National Parks and Access to the Countryside Act 1949 (general duties of Countryside Commission and the Countryside Council for Wales as respects the National Parks)—E+W

(a)in subsection (3)—

(i)in paragraph (a), before “local authorities” there shall be inserted “ National Park authorities and ”; and

(ii)in paragraph (b), before “local authority” there shall be inserted “ National Park authority ”;

and

(b)in subsection (6), after “means” there shall be inserted the words “ a National Park authority or ”.

(2)In section 7 of that Act—

(a)in subsection (5) (bodies consulted about variation of the area of a National Park), after “consult with” there shall be inserted “ any National Park authority for the Park in question and with ”; and

(b)in subsection (6) (notices), after “as the case may be” there shall be inserted “ at the offices (where the order is for the variation of an order designating a Park) of any National Park authority for the Park in question ”.

(3)In section 9(1) of that Act (local planning authority to consult Countryside Commission or Countryside Council for Wales about proposals for a development plan affecting a National Park), for “the local planning authority” there shall be substituted “ the authority or authorities who are required to prepare the plan or, as the case may be, who are entitled to alter or add to it ”.

(4)In section 12(1) of that Act (provision in a National Park of facilities) for “provision in” there shall be substituted “ provision for ”.

(5)In subsection (4) of section 51 of that Act (consultation as to proposals for a long distance route)—

(a)after the word “every”, in the first place where it occurs, there shall be inserted “ National Park authority, ”;

(b)after “whose” there shall be inserted “ Park or ”; and

(c)after “every such” there shall be inserted “ authority, ”;

and in subsection (5) of that section (report to contain estimates of capital outlay by local authorities), after “local authorities” there shall be inserted “ and National Park authorities ”.

(6)In section 52(2) of that Act (notice of determination as to any proposals on long distance routes)—

(a)after “every” there shall be inserted “ National Park authority ”; and

(b)after “whose” there shall be inserted “ Park or ”.

F11(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8)In section 114(2) of that Act (construction of references to the preservation of the natural beauty of an area) after the word “preservation”—

(a)in the first place where it occurs, there shall be inserted the words “ , or the conservation, ”, and

(b)in the second place where it occurs, there shall be inserted the words “ or, as the case may be, the conservation ”.

(9)In Schedule 1 to that Act (procedure for certain orders)—

(a)in paragraph 1, after sub-paragraph (3) there shall be inserted the following sub-paragraph—

(3A)Where under this paragraph any notice is required to be given by any person in respect of any land which is already in a National Park for which a National Park authority is the local planning authority, that person shall serve a copy of that notice on that authority.;

(b)in paragraph 2(5), after “the Council” there shall be inserted “ a National Park authority, ”;

(c)in paragraph 3(a), after “under sub-paragraph” there shall be inserted “ (3A) or ”; and

(d)after paragraph 3 there shall be inserted the following paragraph—

3AAn order designating a National Park shall have effect as from such time as may be determined by the Minister and specified in the notice of the confirmation of that order.

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Amendments (Textual)

Commencement Information

I14Sch. 10 para. 2 wholly in force at 1.4.1996; Sch. 10 para. 2 not in force at Royal Assent see s. 125(3); Sch. 10 para. 2(1)(3)-(9)(a)(c)(d) in force at 23.11.1995 by S.I. 1995/2950, art. 2(1) (subject to art. 2(2)); Sch. 10 para. 2(2)(9)(b) in force at 1.4.1996 by S.I. 1995/2950, art. 3(1) (subject to art. 3(2) which art. 3(2) was revoked (1.4.1997) by S.I. 1996/2560, art. 3)

The Landlord and Tenant Act 1954 (c. 56)E+W

3In section 69(1) of the Landlord and Tenant Act 1954 (interpretation), in the definition of “local authority”, for the words from “has the same meaning” to “Broads Authority” there shall be substituted “ means any local authority within the meaning of the M71Town and Country Planning Act 1990, any National Park authority, the Broads Authority or ”.E+W

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Commencement Information

I15Sch. 10 para. 3 wholly in force at 23.11.1995, see s. 125(3) and S.I. 1995/2950, art. 2(1) (subject to art. 2(2))

Marginal Citations

The Land Compensation Act 1961 (c. 33)E+W

4(1)Paragraph 55(2) of Schedule 16 to the 1972 Act (which relates to the operation of section 17 of the Land Compensation Act 1961 in a National Park) shall not apply in the case of a National Park for which a National Park authority is the local planning authority.E+W

(2)In section 39(1) of that Act of 1961 (interpretation), for the definition of “local planning authority” there shall be substituted the following definition—

local planning authority” shall be construed in accordance with Part I of the M72Town and Country Planning Act 1990;.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I16Sch. 10 para. 4 wholly in force at 23.11.1995, see s. 125(3) and S.I. 1995/2950, art. 2(1) (subject to art. 2(2))

Marginal Citations

The Trustee Investments Act 1961 (c. 62)E+W

5In section 11 of the Trustee Investments Act 1961 (local authority investment schemes), in subsection (4)(a), after “the Broads Authority” there shall be inserted “ a National Park authority ”.E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I17Sch. 10 para. 5 wholly in force at 23.11.1995, see s. 125(3) and S.I. 1995/2950, art. 2(1) (subject to art. 2(2))

The Agriculture Act 1967 (c. 22)E+W

6In section 50(3) of the Agriculture Act 1967 (bodies transfers to whom are not subject to section 49), after paragraph (a) there shall be inserted the following paragraph—E+W

(aa)a National Park authority;.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I18Sch. 10 para. 6 wholly in force at 23.11.1995, see s. 125(3) and S.I. 1995/2950, art. 2(1) (subject to art. 2(2))

The Leasehold Reform Act 1967 (c. 88)E+W

7In section 28 of the Leasehold Reform Act 1967 (retention or resumption of land required for public purposes), in subsection (5), after paragraph (aa) there shall be inserted the following paragraph—E+W

(ab)to any National Park authority; and.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I19Sch. 10 para. 7 wholly in force at 23.11.1995, see s. 125(3) and S.I. 1995/2950, art. 2(1) (subject to art. 2(2))

The Countryside Act 1968 (c. 41)E+W

8(1)In section 4(1) of the Countryside Act 1968 (experimental projects and schemes) after “local authorities” there shall be inserted “ National Park authorities ”.E+W

(2)In section 12(1) of that Act (provision in National Park of facilities), for “provision in” there shall be substituted “ provision for ”.

(3)In section 13(12) of that Act (enforcement of byelaws), for “in the area of that other local authority” there shall be substituted “ for an area that includes any part of the National Park in question ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I20Sch. 10 para. 8 wholly in force at 1.4.1996; Sch. 10 para. 8 not in force at Royal Assent see s. 125(3); Sch. 10 para. 8(2) in force at 23.11.1995 by S.I. 1995/2950, art. 2(1) (subject to art. 2(2)); Sch. 10 para. 8(1)(3) in force at 1.4.1996 by S.I. 1995/2950, art. 3(1) (subject to art. 3(2) which art. 3(2) was revoked (1.4.1997) by S.I. 1996/2560, art. 3)

The Employers Liability (Compulsory Insurance) Act 1969 (c. 57)E+W

9In section 3 of the Employers Liability (Compulsory Insurance) Act 1969 (employers exempted from insurance), in subsection (2), after “the Broads Authority” there shall be inserted “ a National Park authority ”.E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I21Sch. 10 para. 9 wholly in force at 23.11.1995, see s. 125(3) and S.I. 1995/2950, art. 2(1) (subject to art. 2(2))

The 1972 ActE+W

10(1)In subsection (1)(a) of section 80 of the 1972 Act (disqualification for persons holding appointments made or confirmed by a local authority or connected authority), after “joint committee” there shall be inserted “ or National Park authority ”; and after subsection (2) of that section there shall be inserted the following subsections—E+W

(2A)Subsection (2) above shall have effect as if the reference to a joint board included a reference to a National Park authority.

(2B)For the purposes of this section a local authority shall be treated as represented on a National Park authority if it is entitled to make any appointment of a local authority member of the National Park authority.

(2)In section 184 of the 1972 Act (functions under countryside legislation)—

(a)at the beginning of subsection (1) there shall be inserted the words “ Subject to section 68 of the Environment Act 1995 (planning authority functions under National Parks legislation to be functions of National Park authorities in certain cases), ”; and

(b)in paragraph (b) of that subsection, for the words “subsections (6) to (8) below” there shall be substituted the words “ subsections (7) and (8) below ”.

(3)In subsection (3) of that section, for the words “sections 9 and 11” there shall be substituted the words “ section 9 ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I22Sch. 10 para. 10 partly in force; Sch. 10 para. 10 not in force at Royal Assent see s. 125(3); Sch. 10 para. 10(1)(3) in force at 23.11.1995 by S.I. 1995/2950, art. 2(1) (subject to art. 2(2)); Sch. 10 para. 10(2)(b) in force at 1.4.1997 by S.I. 1996/2560, art. 2

The Employment Agencies Act 1973 (c. 35)E+W

11In section 13(7) of the Employment Agencies Act 1973 (cases in which Act does not apply), after paragraph (ff) there shall be inserted the following paragraph —E+W

(fg)the exercise by a National Park authority of any of its functions;.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I23Sch. 10 para. 11 wholly in force at 23.11.1995, see s. 125(3) and S.I. 1995/2950, art. 2(1) (subject to art. 2(2))

The Health and Safety at Work etc. Act 1974 (c. 37)E+W

12In section 28 of the Health and Safety at Work etc. Act 1974 (restrictions on disclosure of information), for subsection (10) there shall be substituted the following subsection—E+W

(10)The Broads Authority and every National Park authority shall be deemed to be local authorities for the purposes of this section.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I24Sch. 10 para. 12 wholly in force at 23.11.1995, see s. 125(3) and S.I. 1995/2950, art. 2(1) (subject to art. 2(2))

The Welsh Development Agency Act 1975 (c. 70)E+W

13(1)In section 1(14) of the Welsh Development Agency Act 1975 (consultation by Agency with local authorities and other bodies), after “local authorities” there shall be inserted “ National Park authorities ”.E+W

(2)In subsections (1) and (2) of section 5 of that Act (assistance to the Agency from other bodies), after “local authority”, in each case, there shall be inserted “ a National Park authority ”.

(3)In section 15(1) of that Act (which refers to consultation under section 1(14)), after “local authorities” there shall be inserted “ National Park authorities ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I25Sch. 10 para. 13 wholly in force at 1.4.1996, see s. 125(3) and S.I. 1995/2950, art. 3(1) (subject to art. 3(2) which art. 3(2) was revoked (1.4.1997) by S.I. 1996/2560, art. 3)

Local Land Charges Act 1975 (c. 76)E+W

14In sections 1 and 2 of the Local Land Charges Act 1975 (obligations that are and are not local land charges), after the words “local authority”, in each place where they occur, there shall be inserted “ or National Park authority ”.E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I26Sch. 10 para. 14 wholly in force at 23.11.1995, see s. 125(3) and S.I. 1995/2950, art. 2(1) (subject to art. 2(2))

The Race Relations Act 1976 (c. 74)E+W

15(1)In section 19A of the Race Relations Act 1976 (discrimination in planning), in subsection (2)(a) (definition of “planning authority”), after “the Broads Authority” there shall be inserted “ a National Park authority or ”.E+W

F12(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Commencement Information

I27Sch. 10 para. 15 wholly in force at 23.11.1995, see s. 125(3) and S.I. 1995/2950, art. 2(1) (subject to art. 2(2))

The Development of Rural Wales Act 1976 (c. 75)E+W

F1316. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

The Rent (Agriculture) Act 1976 (c. 80)E+W

17In section 5(3) of the Rent (Agriculture) Act 1976 (no statutory tenancy where landlord’s interest belongs to Crown or local authority etc.), after paragraph (bc) there shall be inserted the following paragraph—E+W

(bd)any National Park authority;.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I28Sch. 10 para. 17 wholly in force at 23.11.1995, see s. 125(3) and S.I. 1995/2950, art. 2(1) (subject to art. 2(2))

The Rent Act 1977 (c. 42)E+W

18In section 14 of the Rent Act 1977 (exemption from protection for lettings by local authorities etc.), after paragraph (bb) there shall be inserted the following paragraph—E+W

(bc)a National Park authority;.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I29Sch. 10 para. 18 wholly in force at 23.11.1995, see s. 125(3) and S.I. 1995/2950, art. 2(1) (subject to art. 2(2))

The Justices of the Peace Act 1979 (c. 55)E+W

F1419. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

The Local Government, Planning and Land Act 1980 (c. 65)E+W

F1520. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

The Acquisition of Land Act 1981 (c. 67)E+W

21(1)In section 17(3) of the Acquisition of Land Act 1981 (special Parliamentary procedure not to apply to compulsory acquisition by certain bodies), after “subsection (4) below)” there shall be inserted “ , a National Park authority ”.E+W

(2)In paragraph 4(3) of Schedule 3 to that Act (which makes similar provision in relation to the acquisition of rights), after “sub-paragraph (4) below)” there shall be inserted “ , a National Park authority ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I30Sch. 10 para. 21 wholly in force at 23.11.1995, see s. 125(3) and S.I. 1995/2950, art. 2(1) (subject to art. 2(2))

The Wildlife and Countryside Act 1981 (c. 69)E+W

22F16(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

(2)In section 41(5A) of that Act (duties of agriculture Ministers with respect to the countryside to have effect in relation to the Broads as if the Broads were a National Park), at the end there shall be inserted “ (and, as respects land within the Broads, any reference in this section to the relevant authority is accordingly a reference to the Broads Authority). ”

(3)In section 42 of that Act (notification of agricultural operations on moor and heath), for the words “local planning authority”, wherever they occur, there shall be substituted “ National Park authority ”.

(4)In section 44 of that Act (grants and loans for National Parks purposes)—

(a)in subsection (2), for “a local planning authority” there shall be substituted “ the authority in question ”;

(b)in subsection (3), for “A local planning authority” there shall be substituted “ The authority in question ”; and

(c)in subsection (4), for the words from “county planning authority” onwards there shall be substituted “ National Park authority and the Broads as a National Park for which it is the local planning authority ”.

(5)In section 51(2)(c) of that Act (definition of “relevant authority” in relation to the exercise of powers of entry for the purposes of section 42), for “local planning authority” there shall be substituted “ National Park authority ”.

(6)In section 52(2) of that Act (construction of references to a local planning authority), after “except as respects” there shall be inserted “ a National Park for which a National Park authority is the local planning authority, ”.

F17(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Commencement Information

I31Sch. 10 para. 22 wholly in force at 1.4.1997; Sch. 10 para. 22 not in force at Royal Assent see s. 125(3); Sch. 10 para. 22(3)(4)(a)(b)(5) in force at 1.4.1996 by S.I. 1995/2950, art. 3(1) (subject to art. 3(2) which art. 3(2) was revoked (1.4.1997) by 1996/2560, art. 3); Sch. 10 para. 22(2)(4)(c)(6)(7) in force at 1.4.1997 by S.I. 1996/2560, art. 2

The County Courts Act 1984 (c. 28)E+W

23In section 60(3) of the County Courts Act 1984 (right of audience for proper officer of local authority in certain circumstances), after “the Broads Authority” there shall be inserted “ any National Park authority, ”.E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I32Sch. 10 para. 23 wholly in force at 23.11.1995, see s. 125(3) and S.I. 1995/2950, art. 2(1) (subject to art. 2(2))

The Housing Act 1985 (c. 68)E+W

24(1)In section 43 of the Housing Act 1985 (consent of the Secretary of State required for certain disposals by local authorities), after subsection (5) there shall be inserted the following subsection—E+W

(5A)References in this section and in section 44 to a local authority shall include references to a National Park authority.

(2)In section 45(2)(b) of that Act (definition of “public sector authority” for the purposes of provisions relating to service charges after disposal), after “a local authority” there shall be inserted— “ a National Park authority ”.

(3)In section 573 of that Act (definition of “public sector authority” for the purposes of assisting the owners of defective housing), after the entry relating to joint boards there shall be inserted the following entry—

a National Park authority (or a predecessor of such an authority),.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I33Sch. 10 para. 24 wholly in force at 23.11.1995, see s. 125(3) and S.I. 1995/2950, art. 2(1) (subject to art. 2(2))

The Landlord and Tenant Act 1985 (c. 70)E+W

25(1)In sections 14(4) and 26(1) of, and in paragraph 9(1) of the Schedule to, the Landlord and Tenant Act 1985 (provisions excluding operation of certain provisions in the case of public sector housing), after “a local authority”, in each case, there shall be inserted— “ a National Park authority ”.E+W

(2)In section 28(6) of that Act (meaning of “qualified accountant” in the case of public sector landlords), after “local authority” there shall be inserted “ National Park authority ”.

(3)In section 31(3) of that Act (reserve powers to limit rents), in the definition of “rent”, after “local authorities” there shall be inserted “ National Park authorities ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I34Sch. 10 para. 25 wholly in force at 23.11.1995, see s. 125(3) and S.I. 1995/2950, art. 2(1) (subject to art. 2(2))

The Landlord and Tenant Act 1987 (c. 31)E+W

26In section 58(1) of the Landlord and Tenant Act 1987 (exempt landlords), after paragraph (dd) there shall be inserted the following paragraph—E+W

(de)a National Park authority;.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I35Sch. 10 para. 26 wholly in force at 23.11.1995, see s. 125(3) and S.I. 1995/2950, art. 2(1) (subject to art. 2(2))

The Norfolk and Suffolk Broads Act 1988 (c. 4)E+W

27In Schedule 3 to the Norfolk and Suffolk Broads Act 1988 (functions of the Broads authority), in paragraph 43, for the words from “as a local authority” onwards there shall be substituted “ for the purposes of the M73Derelict Land Act 1982 as a National Park authority and the Broads as a National Park for which it is the local planning authority ”.E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Marginal Citations

The Housing Act 1988 (c. 50)E+W

28In paragraph 12(2) of Schedule 1 to the Housing Act 1988 (meaning of “local authority” for the purposes of determining the tenancies to be treated as local authority tenancies), after paragraph (d) there shall be inserted the following paragraph—E+W

(da)a National Park authority;.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I36Sch. 10 para. 28 wholly in force at 23.11.1995, see s. 125(3) and S.I. 1995/2950, art. 2(1) (subject to art. 2(2))

The Road Traffic Act 1988 (c. 52)E+W

29In section 144(2)(a)(i) of the Road Traffic Act 1988 (exemptions from requirement of third party insurance or security), after “London borough” there shall be inserted “ a National Park authority ”.E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I37Sch. 10 para. 29 wholly in force at 23.11.1995, see s. 125(3) and S.I. 1995/2950, art. 2(1) (subject to art. 2(2))

The Electricity Act 1989 (c. 29)E+W

30(1)Paragraph 2(6) of Schedule 8 to the Electricity Act 1989 (definition of “relevant planning authority” for the purposes of consents under that Act) shall be amended in accordance with the following provisions of this paragraph.E+W

(2)In this paragraph “the 1994 amendment” means the omission of the words “and Wales” in paragraph (a) of the said paragraph 2(6) by paragraph 22 of Schedule 6 to the M74Local Government (Wales) Act 1994.

(3)If the 1994 amendment comes into force after this paragraph, then—

(a)in paragraph (a) of the said paragraph 2(6), for the words “England and Wales” there shall be substituted the words “ land in England and Wales which is not in a National Park for which a National Park authority is the local planning authority ”;

(b)after that paragraph (a) there shall be inserted the following paragraph—

(aa)in relation to land in England and Wales which is in a National Park for which a National Park authority is the local planning authority, means that National Park authority; and; and

(c)the 1994 amendment shall have effect in relation to the said paragraph (a) as amended by paragraph (a) above, and on the coming into force of the 1994 amendment the words “and Wales” shall also be omitted from the paragraph (aa) inserted by paragraph (b) above.

(4)If the 1994 amendment comes into force before this paragraph, then—

(a)in paragraph (a) of the said paragraph 2(6), for the word “England” there shall be substituted the words “ land in England which is not in a National Park for which a National Park authority is the local planning authority ”; and

(b)after that paragraph (a) there shall be inserted the following paragraph—

(aa)in relation to land in England which is in a National Park for which a National Park authority is the local planning authority, means that National Park authority; and.

(5)If the 1994 amendment comes into force on the same day as this paragraph, the 1994 amendment shall be deemed to have come into force immediately before this paragraph (and sub-paragraph (4) above shall have effect accordingly).

(6)The paragraph (aa) inserted by paragraph 22 of Schedule 6 to the M75Local Government (Wales) Act 1994 shall be re-numbered “(ab)”.

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Commencement Information

I38Sch. 10 para. wholly in force at 23.11.1995, see s. 125(3) and S.I. 1995/2950, art. 2(1) (subject to art. 2(2))

Marginal Citations

The Local Government and Housing Act 1989 (c. 42)E+W

31(1)In section 21(1) of the Local Government and Housing Act 1989 (interpretation of Part I) the word “and” immediately preceding paragraph (m) shall be omitted and after that paragraph there shall be added and E+W

(n)a joint planning board constituted for an area in Wales outside a National Park by an order under section 2(1B) of the M76Town and Country Planning Act 1990.

(2)In section 39(1) of that Act (application of Part IV), after paragraph (h) there shall be inserted—

(hh)a joint planning board constituted for an area in Wales outside a National Park by an order under section 2(1B) of the M77Town and Country Planning Act 1990;.

(3)In section 67(3) of that Act (local authorities for the purposes of Part V) the word “and” at the end of paragraph (o) shall be omitted and after that paragraph there shall be inserted—

(oo)a joint planning board constituted for an area in Wales outside a National Park by an order under section 2(1B) of the M78Town and Country Planning Act 1990; and.

(4)In section 152(2) of that Act (relevant authorities for the purposes of imposing certain charges) the word “and” immediately preceding paragraph (l) shall be omitted and after that paragraph there shall be added and

(m)a joint planning board constituted for an area in Wales outside a National Park by an order under section 2(1B) of the M79Town and Country Planning Act 1990.

(5)In paragraph 2(1)(b) of Schedule 1 to that Act (bodies to which appointments are made taking account of political balance) for “paragraphs (k) and (m)” there shall be substituted “ paragraphs (k), (m) and (n) ”.

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Commencement Information

I39Sch. 10 para. 31 wholly in force at 23.11.1995, see s. 125(3) and S.I. 1995/2950, art. 2(1) (subject to art. 2(2))

Marginal Citations

The Town and Country Planning Act 1990 (c. 8)E+W

32(1)In paragraph (a) of section 1(5) of the Town and Country Planning Act 1990 (provisions to which subsections (1) to (4) are subject)—E+W

(a)for “sections 5 to” there shall be substituted “ sections 4A to ”; and

(b)at the end there shall be inserted “ and ”.

(2)In section 2 of that Act (joint planning boards), before subsection (2) of that section there shall be inserted the following subsection—

(1D)The areas that may be constituted as a united district for the purposes of this section shall not include the whole or any part of an area which is comprised in a National Park for which there is a National Park authority.

(3)In section 4 of that Act (National Parks), after subsection (4) there shall be inserted the following subsection—

(5)This section shall have effect subject to section 4A below.

(4)In sections 90(1) and 101(2)(c) of that Act (development with government authorisation), after the words “local authority”, in each place where they occur, there shall be inserted “ or National Park authority ”.

(5)In sections 169 and 170(2)(b) of that Act (provisions in relation to blighted land), after “local authority” there shall be inserted “ National Park authority ”.

(6)In section 209(5) of that Act (regulations for charging expenses of a local authority which is a local planning authority on land), after “local authority” there shall be inserted “ or National Park authority ”.

(7)In section 252 of that Act (procedure for making certain orders)—

(a)in subsection (2) (bodies to be given notice), after paragraph (a) there shall be inserted the following paragraph—

(aa)on any National Park authority which is the local planning authority for the area in which any highway or, as the case may be, any land to which the order relates is situated, and;

(b)in subsection (4) (objections), after “local authority” there shall be inserted “ National Park authority ”.

(8)In section 253(2)(a) of that Act (procedure in anticipation of planning permission)—

(a)in subsections (2)(a) and (3)(a), after “local authority”, in each case, there shall be inserted “ National Park authority ”; and

(b)in subsection (4), after “London borough” there shall be inserted “ a National Park authority ”.

(9)In section 305(1)(a) of that Act (contribution by Ministers towards compensation paid by local authorities), after “local authority” there shall be inserted “ or National Park authority ”.

(10)In section 306 of that Act (contributions by local authorities and statutory undertakers), after subsection (5) there shall be inserted the following subsection—

(6)This section shall have effect as if the references to a local authority included references to a National Park authority.

(11)In section 330 of that Act (power to require information as to interests in land), after subsection (5) there shall be inserted the following subsection—

(6)This section shall have effect as if the references to a local authority included references to a National Park authority.

(12)In section 333(1) of that Act (regulations as to form of notice etc.), after “local authority” there shall be inserted “ or National Park authority ”.

(13)In section 336(1) of that Act (interpretation), in the definition of “local authority” after “subsection (10)” there shall be inserted “ below and section 71(7) of the Environment Act 1995 ”.

(14)In Schedule 1 to that Act (distribution of planning functions)—

(a)in paragraph 4(2) (consultation with district planning authorities)—

(i)after “determined by a” there shall be inserted “ National Park authority [F18or]; and

(ii)before “the district planning authority” there shall be inserted “ any authority which (but for section 4A) would be [F18or, as the case may be, which is]; and

(b)in paragraph 13(1), for “A county planning authority” there shall be substituted “ In the case of any area for which there is both a district planning authority and a county planning authority, the county planning authority ”;

(c)[F18in sub-paragraph (2) of paragraph 19, after “Park” there shall be inserted “ to which section 4 applies ”, and] after that sub-paragraph there shall be inserted the following sub-paragraph—

(2A)As respects the area of any National Park for which a National Park authority is the local planning authority those functions shall be exercised by that authority.

(d)in paragraph 20(4)—

(i)[F18in paragraph (a), for “outside a metropolitan county” there shall be substituted “ which is land in an area the local planning authority for which comprises both a county planning authority and a district planning authority ”; and]

(ii)in paragraph (b), for “elsewhere” there shall be substituted [F18other] land in an area the local planning authority for which comprises both a county planning authority and a district planning authority ”.

(15)In paragraph 4(5)(b) of Schedule 8 to that Act (which refers to directions under section 90(1) of that Act), after “local authority” there shall be inserted “ National Park authority ”.

(16)In Schedule 13 to that Act (blighted land), in paragraph 1(a)(i), after “local authority” there shall be inserted “ National Park authority ”.

(17)In Schedule 14 to that Act (procedure for footpaths and bridleways orders)—

(a)after paragraph 1(2)(b)(ii) (persons on whom notice served) there shall be inserted the following sub-paragraph—

(iia)any National Park authority for a National Park which includes any of that land; and;

(b)in paragraph 1(6) (cases where owner, occupier or lessee is local authority), after “local authority” there shall be inserted “ National Park authority ”; and

(c)in paragraph 3(2) (local inquiry to be held if objection by local authority), after “local authority” there shall be inserted “ or a National Park authority ”.

(18)So much of any provision of this paragraph as amends an enactment repealed by this Act shall cease to have effect with the coming into force of the repeal.

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Amendments (Textual)

F18Words in Sch. 10 para. 32(3)(14)(a)(c)(d) ceased to have effect (1.4.1997) by virtue of 1995 c. 25, s. 78, Sch. 10 para. 32(18) (with ss. 7(6), 115, 117); S.I. 1996/2560, art. 2, Sch.

Commencement Information

I40Sch. 10 para. 32 wholly in force at 1.4.1997; Sch. 10 para. 32 not in force at Royal Assent see s. 125(3); Sch. 10 para. 32(1)-(13)(15)-(18) in force at 23.11.1995 by S.I. 1995/2950, art. 2(1) (subject to art. 2(2)); Sch. 10 para. 32(14) in force at 1.4.1997 by S.I. 1996/2560, art. 2

The Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9)E+W

33(1)The Planning (Listed Buildings and Conservation Areas) Act 1990 shall be amended as follows.E+W

(2)In section 32 (purchase notice), after subsection (4) there shall be inserted the following subsection—

(4A)This section and sections 33 to 37 shall have effect as if—

(a)the bodies on whom a listed building purchase notice may be served under this section included any National Park authority which is the local planning authority for the area in which the building and land in question are situated; and

(b)a National Park authority were a local authority for the purposes of this Act and the Park for which it is the local planning authority were its area;

and the references in those sections and in section 63(7)(a) to a council and to a local authority shall be construed accordingly.

(3)In subsection (3) of section 79 (definition of “local authority” for the purposes of town scheme agreements), after paragraph (c) there shall be inserted the following paragraph—

(ca)in relation to any building in a National Park for which a National Park authority is the local planning authority, that authority;.

(4)In section 93(1)(a) (regulations as to form of notice etc.), after “local authority” there shall be inserted “ or National Park authority ”.

(5)In paragraph 4 of Schedule 2, after sub-paragraph (3) (expenses of various persons and bodies with respect to listed building enforcement) there shall be inserted the following sub-paragraph—

(4)The reference to a local authority in sub-paragraph (3) above includes a reference to any National Park authority which is the local planning authority for any area.

(6)In paragraph 2 of Schedule 4 (provision as to exercise of functions by different authorities), after “4” there shall be inserted “ 4A ”.

(7)In paragraph 3 of Schedule 4—

(a)after “determined by a” there shall be inserted “ National Park authority or ”; and

(b)in sub-paragraph (a), before “the district planning authority” there shall be inserted “ any authority which (but for section 4A) would be or, as the case may be, which is ”;

(c)in sub-paragraph (b), for “the district planning” there shall be substituted “ any such ”.

(8)In paragraph 4 of Schedule 4—

(a)in sub-paragraph (1)—

(i)in paragraph (a), after “a metropolitan county” there shall be inserted “ or in any National Park for which a National Park authority is the local planning authority ”; and

(ii)in paragraph (b), for “outside a metropolitan county” there shall be substituted “ to which paragraph (a) above does not apply ”; and

(b)in sub-paragraph (2), after “county planning authority” there shall be inserted “ or National Park authority ”.

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Commencement Information

I41Sch. 10 para. 33 wholly in force at 1.4.1997; Sch. 10 para. 33 not in force at Royal Assent see s. 125(3); Sch. 10 para. 33(1)-(5) in force at 23.11.1995 by S.I. 1995/2950, art. 2(1) (subject to art. 2(2)); Sch. 10 para. 33(6)-(8) in force at 1.4.1997 by S.I. 1996/2560, art. 2

Water consolidation legislationE+W

34(1)The references to a National Park authority in the following provisions (which impose environmental duties), that is to say—E+W

(a)section 4 of the M80Water Industry Act 1991,

(b)F19. . . and

(c)section 61C of the M81Land Drainage Act 1991,

shall have effect, until the coming into force of the repeal by this Act of the definition for the purposes of those provisions of the expression “National Park authority”, as if they included references to a National Park authority established under Part III of this Act which has become the local planning authority for the National Park in question; and thereafter those references shall have effect as if they were references to a National Park authority so established.

(2)The references to a National Park planning authority—

(a)in sections 34 and 45 of the M82Water Resources Act 1991 (regulations with respect to notice to be given of particulars of certain licence applications), and

(b)in any regulations under those sections,

shall have effect, until the coming into force of the repeal by this Act of subsection (5) of section 34 of that Act, as if they included references to a National Park authority established under Part III of this Act which has become the local planning authority for the National Park in question; and thereafter those references shall have effect as if they were references to a National Park authority so established.

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Amendments (Textual)

Commencement Information

I42Sch. 10 para. 34 wholly in force at 23.11.1995, see s. 125(3) and S.I. 1995/2950, art. 2(1) (subject to art. 2(2))

Marginal Citations

The Local Government Finance Act 1992 (c. 14)E+W

35In section 35 of the Local Government Finance Act 1992 (definition of “special items”) in subsection (5) (expenses of a billing authority not to be special expenses if they are expenses of meeting a levy from a National Park planning board) paragraphs (a) and (b) shall be omitted and at the end of that subsection there shall be added the words or E+W

(c)a National Park authority in relation to a National Park in Wales.

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Commencement Information

I43Sch. 10 para. 35 wholly in force at 1.4.1997; Sch. 10 para. 35 not in force at Royal Assent see s. 125(3); Sch. 10 para. 35 in force for specified purposes at 23.11.1995 by S.I. 1995/2950, art. 2(1) (subject to art. 2(2)); Sch. 10 para. 35 in force at 1.4.1997 insofar as not already in force by S.I. 1996/2560, art. 2

The Local Government (Overseas Assistance) Act 1993 (c. 25)E+W

36In section 1(10) of the Local Government (Overseas Assistance) Act 1993 (certain bodies on which powers are conferred by the Act), at the end there shall be added—E+W

(h)a joint planning board constituted for an area in Wales outside a National Park by an order under section 2(1B) of the M83Town and Country Planning Act 1990.

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Commencement Information

I44Sch. 10 para. 36 wholly in force at 23.11.1995, see s. 125(3) and S.I. 1995/2950, art. 2(1) (subject to art. 2(2))

Marginal Citations

The Welsh Language Act 1993 (c. 38)E+W

37In section 6(1) of the Welsh Language Act 1993 (bodies which are public bodies for the purposes of the provisions of that Act about Welsh language schemes), after paragraph (c) there shall be inserted the following paragraph—E+W

(ca)a National Park authority;.

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Commencement Information

I45Sch. 10 para. 37 wholly in force at 23.11.1995, see s. 125(3) and S.I. 1995/2950, art. 2(1) (subject to art. 2(2))

The Local Government (Wales) Act 1994 (c. 19)E+W

38(1)In Schedule 6 to the Local Government (Wales) Act 1994 (minor and consequential amendments relating to planning) in paragraph 1, at the beginning of the subsection which that paragraph substitutes for subsection (1) of section 184 of the 1972 Act, there shall be inserted the words “ Subject to section 68 of the Environment Act 1995 (planning authority functions under National Parks legislation to be functions of National Park authorities in certain cases), ”.E+W

(2)In paragraph 2 of that Schedule, for the words “paragraphs 3 to 14” there shall be substituted the words “ paragraphs 13 and 14 ”.

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Commencement Information

I46Sch. 10 para. 38 wholly in force at 1.4.1997; Sch. 10 para. 38 not in force at Royal Assent see s. 125(3); Sch. 10 para. 38(1) in force at 23.11.1995 by S.I. 1995/2950, art. 2(1) (subject to art. 2(2)); Sch. 10 para. 38(2) in force at 1.4.1997 by S.I. 1996/2560, art. 2

Section 90.

SCHEDULE 11E+W+S Air Quality: Supplemental Provisions

Consultation requirementsE+W+S

1(1)A local authority in carrying out its functions in relation to—E+W+S

(a)any air quality review,

(b)any assessment under section 82 or 84 of this Act, or

(c)the preparation of an action plan or any revision of an action plan,

shall consult such other persons as fall within sub-paragraph (2) below.

(2)Those persons are—

(a)the Secretary of State;

(b)the appropriate new Agency;

(c)in England and Wales, the highway authority for any highway in the area to which the review or, as the case may be, the action plan or revision relates;

(d)every local authority whose area is contiguous to the authority’s area;

(e)any county council in England whose area consists of or includes the whole or any part of the authority’s area;

(f)any National Park authority for a National Park whose area consists of or includes the whole or any part of the authority’s area;

(g)such public authorities exercising functions in, or in the vicinity of, the authority’s area as the authority may consider appropriate;

(h)such bodies appearing to the authority to be representative of persons with business interests in the area to which the review or action plan in question relates as the authority may consider appropriate;

(j)such other bodies or persons as the authority considers appropriate.

[F20(2A)A local authority specified in sub-paragraph (2B) below shall in carrying out the functions falling within sub-paragraph (1)(a) to (c) above also consult the Mayor of London.

F20(2B)The local authorities mentioned in sub-paragraph (2A) above are—

(a)any local authority in Greater London,

(b)any local authority whose area is contiguous to the area of Greater London.]

(3)[F21Except in its application to Scotland,] in this paragraph “National Park authority”, F22. . ., means a National Park authority established under section 63 of this Act which has become the local planning authority for the National Park in question.

F23(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F24(5)In the application of this paragraph to Scotland “National Park authority” means a National Park authority established by virtue of section 7(1)(b) of the National Parks (Scotland) Act 2000 (asp 10).]

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Amendments (Textual)

F20Sch. 11 para. 1(2A)(2B) inserted (3.7.2000) by 1999 c. 29, s. 369, (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3

F21Words in Sch. 11 para. 1(3) inserted (S.) (8.9.2000) by 2000 asp 10, s. 36, Sch. 5 para. 17(a) (with s. 32); S.S.I. 2000/312, art. 2

F22Words in Sch. 11 para. 1(3) repealed (E.W.) (1.4.1997) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/2560, art. 2, Sch.

Exchange of information with county councils in EnglandE+W+S

2(1)This paragraph applies in any case where a district in England for which there is a district council is comprised in an area for which there is a county council; and in this paragraph—E+W+S

(a)any reference to the county council is a reference to the council of that area; and

(b)any reference to a district council is a reference to the council of a district comprised in that area.

(2)It shall be the duty of the county council to provide a district council with all such information as is reasonably requested by the district council for purposes connected with the carrying out of its functions under or by virtue of this Part.

(3)It shall be the duty of a district council to provide the county council with all such information as is reasonably requested by the county council for purposes connected with the carrying out of any of its functions relating to the assessment or management of the quality of air.

(4)Information provided to a district council or county council under sub-paragraph (2) or (3) above shall be provided in such form and in such manner and at such times as the district council or, as the case may be, the county council may reasonably require.

(5)A council which provides information under sub-paragraph (2) or (3) above shall be entitled to recover the reasonable cost of doing so from the council which requested the information.

(6)The information which a council may be required to provide under this paragraph shall include information which, although it is not in the possession of the council or would not otherwise come into the possession of the council, is information which it is reasonable to require the council to obtain.

Joint exercise of local authority functionsE+W+S

3(1)The appropriate authority may give directions to any two or more local authorities requiring them to exercise the powers conferred by—E+W+S

(a)section 101(5) of the M84Local Government Act 1972 (power of two or more local authorities to discharge functions jointly), or

(b)section 56(5) of the M85Local Government (Scotland) Act 1973 (which makes similar provision for Scotland),

in relation to functions under or by virtue of this Part in accordance with the directions.

(2)The appropriate authority may give directions to a local authority requiring it—

(a)not to exercise those powers, or

(b)not to exercise those powers in a manner specified in the directions,

in relation to functions under or by virtue of this Part.

(3)Where two or more local authorities have exercised those powers in relation to functions under or by virtue of this Part, the appropriate authority may give them directions requiring them to revoke, or modify in accordance with the directions, the arrangements which they have made.

(4)In this paragraph, “the appropriate authority” means—

(a)in relation to England and Wales, the Secretary of State; and

(b)in relation to Scotland, SEPA acting with the approval of the Secretary of State.

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Marginal Citations

Public access to information about air qualityE+W+S

4(1)It shall be the duty of every local authority—E+W+S

(a)to secure that there is available at all reasonable times for inspection by the public free of charge a copy of each of the documents specified in sub-paragraph (2) below; and

(b)to afford to members of the public facilities for obtaining copies of those documents on payment of a reasonable charge.

(2)The documents mentioned in sub-paragraph (1)(a) above are—

(a)a report of the results of any air quality review which the authority has caused to be conducted;

(b)a report of the results of any assessment which the authority has caused to be made under section 82 or 84 of this Act;

(c)any order made by the authority under section 83 of this Act;

(d)any action plan prepared by the authority;

(e)any proposals or statements submitted to the authority pursuant to subsection (3) or (4) of section 86 of this Act;

(f)any directions given to the authority under this Part;

(g)in a case where section 86 of this Act applies, any directions given to the county council under this Part.

Fixed penalty offencesE+W+S

5(1)Without prejudice to the generality of paragraph (o) of subsection (2) of section 87 of this Act, regulations may, in particular, make provision—E+W+S

(a)for the qualifications, appointment or authorisation of persons who are to issue fixed penalty notices;

(b)for the offences in connection with which, the cases or circumstances in which, the time or period at or within which, or the manner in which fixed penalty notices may be issued;

(c)prohibiting the institution, before the expiration of the period for paying the fixed penalty, of proceedings against a person for an offence in connection with which a fixed penalty notice has been issued;

(d)prohibiting the conviction of a person for an offence in connection with which a fixed penalty notice has been issued if the fixed penalty is paid before the expiration of the period for paying it;

(e)entitling, in prescribed cases, a person to whom a fixed penalty notice is issued to give, within a prescribed period, notice requesting a hearing in respect of the offence to which the fixed penalty notice relates;

(f)for the amount of the fixed penalty to be increased by a prescribed amount in any case where the person liable to pay the fixed penalty fails to pay it before the expiration of the period for paying it, without having given notice requesting a hearing in respect of the offence to which the fixed penalty notice relates;

(g)for or in connection with the recovery of an unpaid fixed penalty as a fine or as a civil debt or as if it were a sum payable under a county court order;

(h)for or in connection with execution or other enforcement in respect of an unpaid fixed penalty by prescribed persons;

(j)for a fixed penalty notice, and any prescribed proceedings or other prescribed steps taken by reference to the notice, to be rendered void in prescribed cases where a person makes a prescribed statutory declaration, and for the consequences of any notice, proceedings or other steps being so rendered void (including extension of any time limit for instituting criminal proceedings);

(k)for or in connection with the extension, in prescribed cases or circumstances, by a prescribed person of the period for paying a fixed penalty;

(l)for or in connection with the withdrawal, in prescribed circumstances, of a fixed penalty notice, including—

(i)repayment of any amount paid by way of fixed penalty in pursuance of a fixed penalty notice which is withdrawn; and

(ii)prohibition of the institution or continuation of proceedings for the offence in connection with which the withdrawn notice was issued;

(m)for or in connection with the disposition of sums received by way of fixed penalty;

(n)for a certificate purporting to be signed by or on behalf of a prescribed person and stating either—

(i)that payment of a fixed penalty was, or (as the case may be) was not, received on or before a date specified in the certificate, or

(ii)that an envelope containing an amount sent by post in payment of a fixed penalty was marked as posted on a date specified in the certificate,

to be received as evidence of the matters so stated and to be treated, without further proof, as being so signed unless the contrary is shown;

(o)requiring a fixed penalty notice to give such reasonable particulars of the circumstances alleged to constitute the fixed penalty offence to which the notice relates as are necessary for giving reasonable information of the offence and to state—

(i)the monetary amount of the fixed penalty which may be paid;

(ii)the person to whom, and the address at which, the fixed penalty may be paid and any correspondence relating to the fixed penalty notice may be sent;

(iii)the method or methods by which payment of the fixed penalty may be made;

(iv)the period for paying the fixed penalty;

(v)the consequences of the fixed penalty not being paid before the expiration of that period;

(p)similar to any provision made by section 79 of the M86Road Traffic Offenders Act 1988 (statements by constables in fixed penalty cases);

(q)for presuming, in any proceedings, that any document of a prescribed description purporting to have been signed by a person to whom a fixed penalty notice has been issued has been signed by that person;

(r)requiring or authorising a fixed penalty notice to contain prescribed information relating to, or for the purpose of facilitating, the administration of the fixed penalty system;

(s)with respect to the giving of fixed penalty notices, including, in particular, provision with respect to—

(i)the methods by which,

(ii)the officers, servants or agents by, to or on whom, and

(iii)the places at which,

fixed penalty notices may be given by, or served on behalf of, a prescribed person;

(t)prescribing the method or methods by which fixed penalties may be paid;

(u)for or with respect to the issue of prescribed documents to persons to whom fixed penalty notices are or have been given;

(w)for a fixed penalty notice to be treated for prescribed purposes as if it were an information or summons or any other document of a prescribed description.

(2)The provision that may be made by regulations prescribing fixed penalty offences includes provision for an offence to be a fixed penalty offence—

(a)only if it is committed in such circumstances or manner as may be prescribed; or

(b)except if it is committed in such circumstances or manner as may be prescribed.

(3)Regulations may provide for any offence which is a fixed penalty offence to cease to be such an offence.

(4)An offence which, in consequence of regulations made by virtue of sub-paragraph (3) above, has ceased to be a fixed penalty offence shall be eligible to be prescribed as such an offence again.

(5)Regulations may make provision for such exceptions, limitations and conditions as the Secretary of State considers necessary or expedient.

(6)In this paragraph—

  • fixed penalty” means a penalty of such amount as may be prescribed (whether by being specified in, or made calculable under, regulations);

  • fixed penalty notice” means a notice offering a person an opportunity to discharge any liability to conviction for a fixed penalty offence by payment of a penalty of a prescribed amount;

  • fixed penalty offence” means, subject to sub-paragraph (2) above, any offence (whether under or by virtue of this Part or any other enactment) which is for the time being prescribed as a fixed penalty offence;

  • the fixed penalty system” means the system implementing regulations made under or by virtue of paragraph (o) of subsection (2) of section 87 of this Act;

  • the period for paying”, in relation to any fixed penalty, means such period as may be prescribed for the purpose;

  • regulations” means regulations under or by virtue of paragraph (o) of subsection (2) of section 87 of this Act.

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Marginal Citations

Section 92.

SCHEDULE 12E+W+S Schedule 2A to the Environmental Protection Act 1990

Sections 44A and 44B.

Schedule 2AE+W+S Objectives for the purposes of the national waste strategy

1Ensuring that waste is recovered or disposed of without endangering human health and without using processes or methods which could harm the environment and, in particular, without—

(a)risk to water, air, soil, plants or animals;

(b)causing nuisance through noise or odours; or

(c)adversely affecting the countryside or places of special interest.

2Establishing an integrated and adequate network of waste disposal installations, taking account of the best available technology not involving excessive costs.

3Ensuring that the network referred to in paragraph 2 above enables—

(a)the European Community as a whole to become self-sufficient in waste disposal, and the Member States individually to move towards that aim, taking into account geographical circumstances or the need for specialised installations for certain types of waste; and

(b)waste to be disposed of in one of the nearest appropriate installations, by means of the most appropriate methods and technologies in order to ensure a high level of protection for the environment and public health.

4Encouraging the prevention or reduction of waste production and its harmfulness, in particular by—

(a)the development of clean technologies more sparing in their use of natural resources;

(b)the technical development and marketing of products designed so as to make no contribution or to make the smallest possible contribution, by the nature of their manufacture, use or final disposal, to increasing the amount or harmfulness of waste and pollution hazards; and

(c)the development of appropriate techniques for the final disposal of dangerous substances contained in waste destined for recovery.

5Encouraging—

(a)the recovery of waste by means of recycling, reuse or reclamation or any other process with a view to extracting secondary raw materials; and

(b)the use of waste as a source of energy.

Section 96.

[F25SCHEDULE 13E+W+S Review of Old Mineral Planning Permissions]

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Amendments (Textual)

F25Sch. 13 repealed (S.) (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. II (with s. 5, Sch. 3)

[F26 Interpretation]E+W

[F271(1)In this Schedule—E+W

  • dormant site” means a Phase I or Phase II site in, on or under which no minerals development has been carried out to any substantial extent at any time in the period beginning on 22nd February 1982 and ending with 6th June 1995 otherwise than by virtue of a planning permission which is not a relevant planning permission relating to the site;

  • first list”, in relation to a mineral planning authority, means the list prepared by them pursuant to paragraph 3 below;

  • mineral planning authority”—

    (a)

    F28. . ., means a mineral planning authority within the meaning of the 1990 Act, F29. . .

    (b)

    F29. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • mineral site” has the meaning given by sub-paragraph (2) below;

  • National Park” means an area designated as such under section 5(3) of the National Parks and Access to the M87Countryside Act 1949;

  • old mining permission” has the meaning given—

    (a)

    F28. . ., by section 22(1) of the 1991 Act, F29. . .

    (b)

    F29. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • owner”, in relation to any land—

    (a)

    F28. . ., means any person who—

    (a)
    (i)

    is the estate owner in respect of the fee simple, or

    (ii)

    is entitled to a tenancy granted or extended for a term of years certain of which not less than seven years remains unexpired; F29. . .

    (b)

    F29. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • Phase I site” and “Phase II site” have the meaning given by paragraph 2 below;

  • relevant planning permission” means any planning permission, other than an old mining permission or a planning permission granted by a development order, granted after 30th June 1948 for minerals development; and

  • second list”, in relation to a mineral planning authority, means the list prepared by them pursuant to paragraph 4 below.

(2)For the purposes of this Schedule, but subject to sub-paragraph (3) below, “mineral site” means—

(a)in a case where it appears to the mineral planning authority to be expedient to treat as a single site the aggregate of the land to which any two or more relevant planning permissions relate, the aggregate of the land to which those permissions relate; and

(b)in any other case, the land to which a relevant planning permission relates.

(3)In determining whether it appears to them to be expedient to treat as a single site the aggregate of the land to which two or more relevant planning permissions relate a mineral planning authority shall have regard to any guidance issued for the purpose by the Secretary of State.

(4)Any reference (however expressed) in this Schedule to an old mining permission or a relevant planning permission relating to a mineral site is a reference to the mineral site, or some part of it, being the land to which the permission relates; and where any such permission authorises the carrying out of development consisting of the winning and working of minerals but only in respect of any particular mineral or minerals, that permission shall not be taken, for the purposes of this Schedule, as relating to any other mineral in, on or under the land to which the permission relates.

(5)For the purposes of this Schedule, a mineral site which is a Phase I site or a Phase II site is active if it is not a dormant site.

(6)For the purposes of this Schedule, working rights are restricted in respect of a mineral site if any of—

(a)the size of the area which may be used for the winning and working of minerals or the depositing of mineral waste;

(b)the depth to which operations for the winning and working of minerals may extend;

(c)the height of any deposit of mineral waste;

(d)the rate at which any particular mineral may be extracted;

(e)the rate at which any particular mineral waste may be deposited;

(f)the period at the expiry of which any winning or working of minerals or depositing of mineral waste is to cease; or

(g)the total quantity of minerals which may be extracted from, or of mineral waste which may be deposited on, the site,

is restricted or reduced in respect of the mineral site in question.

(7)For the purposes of this Schedule, where an application is made under paragraph 9 below for the determination of the conditions to which the relevant planning permissions relating to the mineral site to which the application relates are to be subject, those conditions are finally determined when—

(a)the proceedings on the application, including any proceedings on or in consequence of an application under section 288 of the 1990 Act F30. . ., have been determined, and

(b)any time for appealing under paragraph 11(1) below, or applying or further applying under paragraph 9 below, (where there is a right to do so) has expired.]

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Amendments (Textual)

F27Sch. 13 repealed (S.) (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. II (with s. 5, Sch. 3)

F28Sch. 13 para. 1(1): words in definitions of

mineral planning authority

,

old mining permission

and

owner

in Sch. 13 para. 1 repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. III (with s. 5, Sch. 3)

F29Sch. 13 para. 1(1): para. (b) and word “and”immediately preceding in definitions of

mineral planning authority

,

old mining permission

and

owner

repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. III (with s. 5, Sch. 3)

F30Words in Sch. 13 para. 1(7)(a) repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. III (with s. 3, Sch. 5)

Commencement Information

I47Sch. 13 wholly in force at 1.1.1997; Sch. 13 not in force at Royal Assent see s. 125(3); Sch. 13 in force for E.W. at 1.11.1995 by S.I. 1995/2765, art. 2; Sch. 13 in force for S. at 1.1.1997 by S.I. 1996/2857, art. 2

Marginal Citations

[F31 Phase I and II sites]E+W

[F322(1)This paragraph has effect for the purposes of determining which mineral sites are Phase I sites, which are Phase II sites, and which are neither Phase I nor Phase II sites.E+W

(2)A mineral site is neither a Phase I site nor a Phase II site where—

(a)all the relevant planning permissions which relate to the site have been granted after 21st February 1982; or

(b)some only of the relevant planning permissions which relate to the site have been granted after 21st February 1982, and the parts of the site to which those permissions relate constitute the greater part of that site.

(3)With the exception of those mineral sites which, by virtue of sub-paragraph (2) above, are neither Phase I nor Phase II sites, every mineral site is either a Phase I site or a Phase II site.

(4)Subject to sub-paragraph (2) above, where any part of a mineral site is situated within—

(a)a National Park;

[F33(b)a site of special scientific interest (within the meaning of the Wildlife and Countryside Act 1981);]

(c)an area designated under [F34section 82 of the Countryside and Rights of Way Act 2000] as an area of outstanding natural beauty;

F35(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F35(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

that site is a Phase I site.

(5)Subject to sub-paragraphs (2) and (4) above, where—

(a)all the relevant planning permissions which relate to a mineral site, and which were not granted after 21st February 1982, were granted after the relevant day in 1969; or

(b)the parts of a mineral site to which relate such of the relevant planning permissions relating to the site as were granted after the relevant day in 1969 but before 22nd February 1982 constitute a greater part of the site than is constituted by those parts of the site to which no such relevant planning permission relates but to which a relevant planning permission granted on or before the relevant day in 1969 does relate,

the mineral site is a Phase II site.

(6)In sub-paragraph (5) above, “the relevant day in 1969” means—

(a)F36. . ., 31st March 1969; F37. . .

F37(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)Every other mineral site, that is to say any mineral site other than one—

(a)which is, by virtue of sub-paragraph (2) above, neither a Phase I nor a Phase II site; or

(b)which is a Phase I site by virtue of sub-paragraph (4) above; or

(c)which is a Phase II site by virtue of sub-paragraph (5) above,

is a Phase I site.

(8)In ascertaining, for the purposes of sub-paragraph (2) or (5) above, whether any parts of a mineral site constitute the greater part of that site, or whether a part of a mineral site is greater than any other part, that mineral site shall be treated as not including any part of the site—

(a)to which an old mining permission relates; or

(b)which is a part where minerals development has been (but is no longer being) carried out and which has, in the opinion of the mineral planning authority, been satisfactorily restored;

but no part of a site shall be treated, by virtue of paragraph (b) above, as being not included in the site unless the mineral planning authority are satisfied that any aftercare conditions which relate to that part have, so far as relating to that part, been complied with.]

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Amendments (Textual)

F32Sch. 13 repealed (S.) (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. II (with s. 5, Sch. 3)

F34Words in Sch. 13 para. 2(4)(c) substituted (1.4.2001 for E. and 1.5.2001 for W.) by 2000 c. 37, s. 93, Sch. 15 Pt. I para. 13 (with s. 84(4)-(6)); S.I. 2001/114, art. 2(2)(e); S.I. 2001/1410, art. 2(g)

F36Words in Sch. 13 para. 2(6)(a) repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. III (with s. 5, Sch. 3)

F37Sch. 13 para. 2(6)(b) and the word “and” immediately preceding repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. III (with s. 5, Sch. 3)

Commencement Information

I48Sch. 13 wholly in force at 1.1.1997; Sch. 13 not in force at Royal Assent see s. 125(3); Sch. 13 in force for E.W. at 1.11.1995 by S.I. 1995/2765, art. 2; Sch. 13 in force for S. at 1.1.1997 by S.I. 1996/2857, art. 2

[F38 The “first list”]E+W

[F393(1)A mineral planning authority shall, in accordance with the following provisions of this paragraph, prepare a list of mineral sites in their area (“the first list”).E+W

(2)A site shall, but shall only, be included in the first list if it is a mineral site in the area of the mineral planning authority and is either—

(a)an active Phase I site;

(b)an active Phase II site; or

(c)a dormant site.

(3)In respect of each site included in the first list, the list shall indicate whether the site is an active Phase I site, an active Phase II site or a dormant site.

(4)In respect of each active Phase I site included in the first list, that list shall specify the date by which an application is to be made to the mineral planning authority under paragraph 9 below.

(5)Any date specified pursuant to sub-paragraph (4) above shall be a date—

(a)not earlier than the date upon which expires the period of 12 months from the date on which the first list is first advertised in accordance with paragraph 5 below, and

(b)not later than the date upon which expires the period of three years from the date upon which the provisions of this Schedule come into force.

(6)The preparation of the first list shall be completed before the day upon which it is first advertised in accordance with paragraph 5 below.]

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Amendments (Textual)

F39Sch. 13 repealed (S.) (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. II (with s. 5, Sch. 3)

Commencement Information

I49Sch. 13 wholly in force at 1.1.1997; Sch. 13 not in force at Royal Assent see s. 125(3); Sch. 13 in force for E.W. at 1.11.1995 by S.I. 1995/2765, art. 2; Sch. 13 in force for S. at 1.1.1997 by S.I. 1996/2857, art. 2

[F40 The “second list”]E+W

[F414(1)A mineral planning authority shall, in accordance with the following provisions of this paragraph, prepare a list of the active Phase II sites in their area (“the second list”).E+W

(2)The second list shall include each mineral site in the mineral planning authority’s area which is an active Phase II site.

(3)In respect of each site included in the second list, that list shall indicate the date by which an application is to be made to the mineral planning authority under paragraph 9 below.

(4)Subject to paragraph (5) below, any date specified pursuant to sub-paragraph (3) above shall be a date—

(a)not earlier than the date upon which expires the period of 12 months from the date on which the second list is first advertised in accordance with paragraph 5 below, and

(b)not later than the date upon which expires the period of six years from the date upon which the provisions of this Schedule come into force.

(5)The Secretary of State may by order provide that sub-paragraph (4)(b) above shall have effect as if for the period of six years referred to in that paragraph there were substituted such longer period specified in the order.

(6)The power of the Secretary of State to make an order under sub-paragraph (5) above shall be exercisable by statutory instrument; and any statutory instrument containing such an order shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(7)The preparation of the second list shall be completed before the day upon which it is first advertised in accordance with paragraph 5 below.]

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Amendments (Textual)

F41Sch. 13 repealed (S.) (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. II (with s. 5, Sch. 3)

Commencement Information

I50Sch. 13 wholly in force at 1.1.1997; Sch. 13 not in force at Royal Assent see s. 125(3); Sch. 13 in force for E.W. at 1.11.1995 by S.I. 1995/2765, art. 2; Sch. 13 in force for S. at 1.1.1997 by S.I. 1996/2857, art. 2

[F42 Advertisement of the first and second lists]E+W

[F435(1)This paragraph makes provision for the advertisement of the first and second lists prepared by a mineral planning authority.E+W

(2)The mineral planning authority shall advertise each of the first and second lists by causing to be published, in each of two successive weeks, in one or more newspapers circulating in its area, notice of the list having been prepared.

(3)In respect of each of those lists, such notice shall—

(a)state that the list has been prepared by the authority; and

(b)specify one or more places within the area of the authority at which the list may be inspected, and in respect of each such place specify the times (which shall be reasonable times) during which facilities for inspection of the list will be afforded.

(4)In respect of the first list, such notice shall—

(a)be first published no later than the day upon which expires the period of three months from the date upon which the provisions of this Schedule come into force;

(b)explain the general effect of a mineral site being classified as a dormant site or, as the case may be, as an active Phase I site or an active Phase II site;

(c)explain the consequences which will occur if no application is made under paragraph 9 below in respect of an active Phase I site included in the list by the date specified in the list for that site;

(d)explain the effects for any dormant or active Phase I or II site not included in the list of its not being included in the list and—

(i)set out the right to make an application to the authority for that site to be included in the list;

(ii)set out the date by which such an application must be made; and

(iii)state that the owner of such a site has a right of appeal against any decision of the authority upon such an application; and

(e)explain that the owner of an active Phase I site has a right to apply for postponement of the date specified in the list for the making of an application under paragraph 9 below, and set out the date by which an application for such postponement must be made.

(5)In respect of the second list, such notice shall—

(a)be first published no later than the day upon which expires the period of three years, or such longer period as the Secretary of State may by order specify, from the date upon which the provisions of this Schedule come into force; and

(b)explain the consequences which will occur if no application is made under paragraph 9 below in respect of an active Phase II site included in the list by the date specified in the list for that site.

(6)The power of the Secretary of State to make an order under sub-paragraph (5) above shall be exercisable by statutory instrument; and any statutory instrument containing such an order shall be subject to annulment in pursuance of a resolution of either House of Parliament.]

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Amendments (Textual)

F43Sch. 13 repealed (S.) (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. II (with s. 5, Sch. 3)

Commencement Information

I51Sch. 13 wholly in force at 1.1.1997; Sch. 13 not in force at Royal Assent see s. 125(3); Sch. 13 in force for E.W. at 1.11.1995 by S.I. 1995/2765, art. 2; Sch. 13 in force for S. at 1.1.1997 by S.I. 1996/2857, art. 2

[F44 Applications for inclusion in the first list of sites not included in that list as originally prepared and appeals from decisions upon such applications]E+W

[F456(1)Any person who is the owner of any land, or is entitled to an interest in a mineral, may, if that land or interest is not a mineral site included in the first list and does not form part of any mineral site included in that list, apply to the mineral planning authority for that land or interest to be included in that list.E+W

(2)An application under sub-paragraph (1) above shall be made no later than the day upon which expires the period of three months from the day when the first list was first advertised in accordance with paragraph 5 above.

(3)Where the mineral planning authority consider that—

(a)the land or interest is, or forms part of, any dormant or active Phase I or II site, they shall accede to the application; or

(b)part only of the land or interest is, or forms part of, any dormant or active Phase I or II site, they shall accede to the application so far as it relates to that part of the land or interest,

but shall otherwise refuse the application.

(4)On acceding, whether in whole or in part, to an application made under sub-paragraph (1) above, the mineral planning authority shall amend the first list as follows—

(a)where they consider that the land or interest, or any part of the land or interest, is a dormant site or an active Phase I or II site, they shall add the mineral site consisting of the land or interest or, as the case may be, that part, to the first list and shall cause the list to indicate whether the site is an active Phase I site, an active Phase II site or a dormant site;

(b)where they consider that the land or interest, or any part of the land or interest, forms part of any mineral site included in the first list, they shall amend the entry in the first list for that site accordingly.

(5)Where the mineral planning authority amend the first list in accordance with sub-paragraph (4) above, they shall also—

(a)in a case where an active Phase I site is added to the first list pursuant to paragraph (a) of that sub-paragraph, cause that list to specify, in respect of that site, the date by which an application is to be made to the mineral planning authority under paragraph 9 below;

(b)in a case where—

(i)the entry for an active Phase I site included in the first list is amended pursuant to paragraph (b) of that sub-paragraph; and

(ii)the date specified in that list in respect of that site as the date by which an application is to be made to the mineral planning authority under paragraph 9 below is a date falling less than 12 months after the date upon which the authority make their decision upon the application in question,

cause that date to be amended so as to specify instead the date upon which expires the period of 12 months from the date on which the applicant is notified under sub-paragraph (10) below of the authority’s decision upon his application.

(6)Any date specified pursuant to sub-paragraph (5)(a) above shall be a date—

(a)not earlier than the date upon which expires the period of 12 months from the date on which the applicant is notified under sub-paragraph (10) below of the mineral planning authority’s decision upon his application, and

(b)not later than the later of—

(i)the date upon which expires the period of three years from the date upon which the provisions of this Schedule come into force; and

(ii)the date mentioned in paragraph (a) above.

(7)On acceding, whether in whole or in part, to an application made under sub-paragraph (1) above, the mineral planning authority shall, if the second list has been first advertised in accordance with paragraph 5 above prior to the time at which they make their decision on the application, amend the second list as follows—

(a)where they consider that the land or interest, or any part of the land or interest, is an active Phase II site, they shall add the mineral site consisting of the land or interest or, as the case may be, that part, to the second list;

(b)where they consider that the land or interest, or any part of the land or interest, forms part of any active Phase II site included in the second list, they shall amend the entry in that list for that site accordingly.

(8)Where the mineral planning authority amend the second list in accordance with sub-paragraph (7) above, they shall also—

(a)in a case where an active Phase II site is added to the second list pursuant to paragraph (a) of that sub-paragraph, cause that list to specify, in respect of that site, the date by which an application is to be made to the authority under paragraph 9 below;

(b)in a case where—

(i)the entry for an active Phase II site included in the second list is amended pursuant to paragraph (b) of that sub-paragraph; and

(ii)the date specified in that list in respect of that site as the date by which an application is to be made to the authority under paragraph 9 below is a date falling less than 12 months after the date upon which the authority make their decision upon the application in question,

cause that date to be amended so as to specify instead the date upon which expires the period of 12 months from the date on which the applicant is notified under sub-paragraph (10) below of the authority’s decision upon his application.

(9)Any date specified pursuant to sub-paragraph (8)(a) above shall be a date—

(a)not earlier than the date upon which expires the period of 12 months from the date on which the applicant is notified under sub-paragraph (10) below of the mineral planning authority’s decision upon his application, and

(b)not later than the later of—

(i)the date upon which expires the period of six years from the date upon which the provisions of this Schedule come into force; and

(ii)the date mentioned in paragraph (a) above.

(10)When a mineral planning authority determine an application made under sub-paragraph (1) above, they shall notify the applicant in writing of their decision and, in a case where they have acceded to the application, whether in whole or in part, shall supply the applicant with details of any amendment to be made to the first or second list in accordance with sub-paragraph (4) or (8) above.

(11)Where a mineral planning authority—

(a)refuse an application made under sub-paragraph (1) above; or

(b)accede to such an application only so far as it relates to part of the land or interest in respect of which it was made,

the applicant may by notice appeal to the Secretary of State.

(12)A person who has made such an application may also appeal to the Secretary of State if the mineral planning authority have not given notice to the applicant of their decision on the application within eight weeks of their having received the application or within such extended period as may at any time be agreed upon in writing between the applicant and the authority.

(13)An appeal under sub-paragraph (11) or (12) above must be made by giving notice of appeal to the Secretary of State before the end of the period of six months beginning with—

(a)in the case of an appeal under sub-paragraph (11) above, the determination; or

(b)in the case of an appeal under sub-paragraph (12) above, the end of the period of eight weeks mentioned in that sub-paragraph or, as the case may be, the end of the extended period mentioned in that sub-paragraph.]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F45Sch. 13 repealed (S.) (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. II (with s. 5, Sch. 3)

Commencement Information

I52Sch. 13 wholly in force at 1.1.1997; Sch. 13 not in force at Royal Assent see s. 125(3); Sch. 13 in force for E.W. at 1.11.1995 by S.I. 1995/2765, art. 2; Sch. 13 in force for S. at 1.1.1997 by S.I. 1996/2857, art. 2

[F46 Postponement of the date specified in the first or second list for review of the permissions relating to a Phase I or II site in cases where the existing conditions are satisfactory]E+W

[F477(1)Any person who is the owner of any land, or of any interest in any mineral, comprised in—E+W

(a)an active Phase I site included in the first list; or

(b)an active Phase II site included in the second list,

may apply to the mineral planning authority for the postponement of the date specified in that list in respect of that site as the date by which an application is to be made to the authority under paragraph 9 below (in this paragraph referred to as “the specified date”).

(2)Subject to sub-paragraph (3) below, an application under sub-paragraph (1) above shall be made no later than the day upon which expires the period of three months from the day when—

(a)in the case of an active Phase I site, the first list; or

(b)in the case of an active Phase II site, the second list,

was first advertised in accordance with paragraph 5 above.

(3)In the case of—

(a)an active Phase I site—

(i)added to the first list in accordance with paragraph 6(4)(a) above; or

(ii)in respect of which the entry in the first list was amended in accordance with paragraph 6(4)(b) above;

or

(b)an active Phase II site—

(i)added to the second list in accordance with paragraph 6(7)(a) above; or

(ii)in respect of which the entry in the second list was amended in accordance with paragraph 6(7)(b) above,

an application under sub-paragraph (1) above shall be made no later than the day upon which expires the period of three months from the day on which notice was given under paragraph 6(10) above of the mineral planning authority’s decision to add the site to or, as the case may be, so to amend the list in question.

(4)An application under sub-paragraph (1) above shall be in writing and shall—

(a)set out the conditions to which each relevant planning permission relating to the site is subject;

(b)set out the applicant’s reasons for considering those conditions to be satisfactory;

(c)set out the date which the applicant wishes to be substituted for the specified date; and

(d)be accompanied by the appropriate certificate (within the meaning of sub-paragraph (5) F48. . . below).

(5)For the purposes of sub-paragraph (4) above, F49. . . the appropriate certificate is such a certificate—

(a)as would be required, under section 65 of the 1990 Act (notice etc. of applications for planning permission) and any provision of a development order made by virtue of that section, to accompany the application if it were an application for planning permission for minerals development, but

(b)with such modifications as are required for the purposes of this paragraph,

and section 65(6) of that Act (offences) shall also have effect in relation to any certificate purporting to be the appropriate certificate.

F50(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)Where the mineral planning authority receive an application made under sub-paragraph (1) above—

(a)if they consider the conditions referred to in sub-paragraph (4)(a) above to be satisfactory they shall agree to the specified date being postponed in which event they shall determine the date to be substituted for that date;

(b)in any other case they shall refuse the application.

(8)Where the mineral planning authority agree to the specified date being postponed they shall cause the first or, as the case may be, the second list to be amended accordingly.

(9)When a mineral planning authority determine an application made under sub-paragraph (1) above, they shall notify the applicant in writing of their decision and, in a case where they have agreed to the postponement of the specified date, shall notify the applicant of the date which they have determined should be substituted for the specified date.

(10)Where, within three months of the mineral planning authority having received an application under sub-paragraph (1) above, or within such extended period as may at any time be agreed upon in writing between the applicant and the authority, the authority have not given notice, under sub-paragraph (9) above, to the applicant of their decision upon the application, the authority shall be treated as—

(a)having agreed to the specified date being postponed; and

(b)having determined that the date referred to in sub-paragraph (4)(c) above be substituted for the specified date,

and sub-paragraph (8) above shall apply accordingly.]

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F47Sch. 13 repealed (S.) (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. II (with s. 5, Sch. 3)

F48Words in Sch. 13 para. 7(4)(d) repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. III (with s. 5, Sch. 3)

F49Words in Sch. 13 para. 7(5) repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. III (with s. 5, Sch. 3)

Commencement Information

I53Sch. 13 wholly in force at 1.1.1997; Sch. 13 not in force at Royal Assent see s. 125(3); Sch. 13 in force for E.W. at 1.11.1995 by S.I. 1995/2765, art. 2; Sch. 13 in force for S. at 1.1.1997 by S.I. 1996/2857, art. 2

[F51 Service on owners etc. of notice of preparation of the first and second lists]E+W

[F528(1)The mineral planning authority shall, no later than the date upon which the first list is first advertised in accordance with paragraph 5 above, serve notice in writing of the first list having been prepared on each person appearing to them to be the owner of any land, or entitled to an interest in any mineral, included within a mineral site included in the first list, but this sub-paragraph is subject to sub-paragraph (7) below.E+W

(2)A notice required to be served by sub-paragraph (1) above shall—

(a)indicate whether the mineral site in question is a dormant site or an active Phase I or II site; and

(b)where that site is an active Phase I site—

(i)indicate the date specified in the first list in relation to that site as the date by which an application is to be made to the mineral planning authority under paragraph 9 below;

(ii)explain the consequences which will occur if such an application is not made by the date so specified; and

(iii)explain the right to apply to have that date postponed, and indicate the date by which such an application must be made.

(3)Where, in relation to any land or mineral included in an active Phase I site, the mineral planning authority—

(a)