2015 No. 770
The National Park Authorities (England) Order 2015
Made
Laid before Parliament
Coming into force
The Secretary of State makes this Order in exercise of the powers conferred by sections 241 and 266(2) of the Local Government Act 19721, section 4A(1) of the Town and Country Planning Act 19902 and sections 63(1) and (2) and 75(3) to (7) and paragraphs 1(2) and (3) and 2(1) to (3) of Schedule 7 to the Environment Act 19953.
The Secretary of State has consulted with the council for every principal area the whole or any part of which is comprised in a National Park to which this Order applies, as required by paragraph 2(3) of Schedule 7 to the Environment Act 1995.
Citation and commencement1
This Order may be cited as the National Park Authorities (England) Order 2015 and comes into force on 1st July 2015.
Interpretation2
In this Order—
“the 1972 Act” means the Local Government Act 1972;
“the 1995 Act” means the Environment Act 1995;
“National Park” means a National Park mentioned in column 1 of Part 1 of Schedule 1;
“National Park authority” means a National Park authority for a National Park;
“National Park officer” means the officer appointed by a National Park authority in accordance with paragraph 14 of Schedule 7 to the 1995 Act4;
“relevant principal area” in relation to a National Park means any county or district the whole or any part of which is within the area of the National Park, excluding any area in respect of which the council for that area is for the time being excluded under paragraph 2(3) of Schedule 7 to the 1995 Act (exclusion at the request of the council) from the councils by whom the local authority members of the National Park authority are to be appointed.
Continuation of National Park authorities3
Membership of National Park authorities4
1
The National Park authority for each National Park consists of the total number of members specified in relation to that Park in column 2 of Part 1 of Schedule 1, of which—
a
the number specified in column 3 is the number of local authority members;
b
the number specified in column 4 is the total number of members appointed by the Secretary of State; and
c
the number specified in column 5 is the number of members appointed by the Secretary of State as parish members.
2
The number of local authority members appointed to a National Park authority by the council for a relevant principal area is the number specified for that council in relation to that authority in Part 2 of Schedule 1.
3
Mid Devon District Council is excluded from the councils by whom local authority members of the Dartmoor National Park authority are to be appointed.
Resignation of office5
A member may at any time resign membership of a National Park authority by notice in writing delivered to the National Park officer and that resignation takes effect on receipt of the notice by the National Park officer.
Vacancies6
Where a vacancy arises in the membership of a National Park authority, it must be filled as soon as possible—
a
where the vacancy is for a local authority member, by the council in whose representation the vacancy arises; and
b
where the vacancy is for a member appointed by the Secretary of State, by the Secretary of State, after consultation with Natural England where the appointment falls to be made in accordance with paragraph 4 of Schedule 7 to the 1995 Act (members other than parish members appointed by the Secretary of State).
Notice of appointment, etc.7
1
Subject to paragraph (3), where—
a
a member is appointed to a National Park authority; or
b
a vacancy arises in the membership of a National Park authority for any reason other than resignation,
the relevant authority must as soon as practicable give notice in writing to that National Park authority, stating the information specified in paragraph (2).
2
The information is—
a
where paragraph (1)(a) applies, the name of the member and the date of that member’s appointment; and
b
where paragraph (1)(b) applies, the occurrence of the vacancy.
3
If a person’s membership of a National Park authority is terminated in accordance with Schedule 7 to the 1995 Act by—
a
a council, in accordance with paragraph 2(5)(b) of that Schedule (political balance), or
b
the Secretary of State, in accordance with paragraph 6 of that Schedule (variation of area or number of members etc.),
the council or, as the case may be, the Secretary of State, must immediately give notice in writing to the National Park authority of the name of the member and the date of termination of membership.
4
As soon as practicable after receiving a notice under article 5 or this article, a National Park authority must give public notice of—
a
the appointment, or, as the case may be, the resignation, termination or vacancy; and
b
the name of the person concerned.
5
In paragraph (1), “the relevant authority” means—
a
where the member, or the member giving rise to the vacancy, was a local authority member, the council by whom that member was appointed; or
b
where the member, or as the case may be, the member giving rise to the vacancy, was appointed by the Secretary of State, the Secretary of State.
Meetings and proceedings8
Schedule 2 contains provisions about the meetings and proceedings of a National Park authority.
Reports and returns9
A National Park authority must, if so requested by the Secretary of State, immediately send or give to Natural England and the council for every relevant principal area a copy of any report, return or information which that authority is required to send or give to the Secretary of State in accordance with section 230 (reports and returns) of the 1972 Act7.
Accounts etc.10
1
Subject to paragraphs (2) and (3), a National Park authority must—
a
keep a fund (known as the general fund) to which all income of the authority must be carried and from which all expenditure discharging liabilities must be met; and
b
keep accounts of income and expenditure of the general fund.
2
The provisions of paragraph (1) are without prejudice to any provision contained in any enactment or instrument requiring a National Park authority to keep—
a
specific funds in respect of specified income and expenditure of the authority; or
b
specific accounts in respect of specified income and expenditure of any funds of the authority.
3
Nothing in paragraph (1)(a) is to be construed as requiring or authorising a National Park authority to apply or dispose of the surplus revenue arising from any undertaking carried on by it otherwise than in accordance with any enactment or instrument applicable to the undertaking.
Application of enactments etc.11
Schedule 3 applies various enactments to a National Park authority with specified modifications.
Revocations12
The following Orders are revoked—
a
the National Park Authorities (England) Order 1996;
b
the National Park Authorities (England) (Amendment) Order 19968;
c
the National Park Authorities (Amendment) (England) Order 20099;
d
the National Park Authorities (England) (Amendment) Order 201410.
SCHEDULE 1
PART 1Membership of National Park authorities
Name of National Park | Total membership of authority | Number of local authority members | Total number of members appointed by the Secretary of State | Number of members appointed by the Secretary of State as parish members |
|---|---|---|---|---|
Dartmoor | 19 | 10 | 9 | 4 |
Exmoor | 22 | 12 | 10 | 5 |
Lake District | 20 | 10 | 10 | 5 |
Northumberland | 18 | 6 | 12 | 6 |
North York Moors | 20 | 11 | 9 | 4 |
Peak District | 30 | 16 | 14 | 6 |
Yorkshire Dales | 22 | 12 | 10 | 4 |
PART 2Appointment of local authority members
Authority | Appointing Council | Number of Members |
|---|---|---|
Dartmoor National Park Authority | Devon County Council | 5 |
South Hams District Council | 1 | |
Teignbridge District Council | 2 | |
West Devon Borough Council | 2 | |
Exmoor National Park Authority | Devon County Council | 2 |
Somerset County Council | 4 | |
North Devon District Council | 2 | |
West Somerset District Council | 4 | |
Lake District National Park Authority | Cumbria County Council | 5 |
Allerdale Borough Council | 1 | |
Copeland Borough Council | 1 | |
Eden District Council | 1 | |
South Lakeland District Council | 2 | |
Northumberland National Park Authority | Northumberland Council | 6 |
North York Moors National Park Authority | North Yorkshire County Council | 4 |
Hambleton District Council | 1 | |
Redcar and Cleveland Borough Council | 2 | |
Ryedale District Council | 2 | |
Scarborough Borough Council | 2 | |
Peak District National Park Authority | Cheshire East Council | 1 |
Derbyshire County Council | 4 | |
Staffordshire County Council | 1 | |
Barnsley Metropolitan Borough Council | 1 | |
Derbyshire Dales District Council | 2 | |
High Peak Borough Council | 2 | |
Kirklees Metropolitan Borough Council | 1 | |
North East Derbyshire District Council | 1 | |
Oldham Metropolitan Borough Council | 1 | |
Sheffield City Council | 1 | |
Staffordshire Moorlands District Council | 1 | |
Yorkshire Dales National Park Authority | Cumbria County Council | 1 |
North Yorkshire County Council | 5 | |
Craven District Council | 3 | |
Richmondshire District Council | 2 | |
South Lakeland District Council | 1 |
SCHEDULE 2Meetings and proceedings of a National Park authority
Annual and other meetings
1
1
A National Park authority (“the authority”) must hold an annual meeting every year and the first meeting held after 31st May in any year is to be the annual meeting.
2
The annual meeting is to be held at such time as the authority may fix or, if no time is fixed, at noon.
2
1
In addition to the annual meeting, the authority must hold at least three other meetings each year for the transaction of general business.
2
These other meetings must be held at such time and on such days as the authority may determine but must be as near as may be at regular intervals.
3
1
An extraordinary meeting of the authority may be called at any time by—
a
the chair of the authority;
b
the deputy chair of the authority, if the office of chair is vacant; or
c
the National Park officer, if the offices of chair and deputy chair are both vacant.
2
Any five members of the authority may call an extraordinary meeting immediately if the chair, deputy chair or National Park officer (as the case may be) refuses to call such a meeting after a requisition has been presented to that person for that purpose.
3
Any five members of the authority may call an extraordinary meeting after the period of seven days starting with the date on which a requisition is presented to the chair, deputy chair or National Park officer (as the case may be) if, without refusing to do so, that person has not called a meeting within that period.
4
In this paragraph “requisition” means a document which—
a
specifies the nature of important or urgent business; and
b
is signed by five members of the authority.
Chair and deputy chair4
1
The election of a chair and a deputy chair must be the first business transacted at the annual meeting of the authority.
2
A person elected as chair or deputy chair of the authority may at any time resign that office by notice in writing delivered to the National Park officer.
3
Where a casual vacancy in the office of chair or deputy chair is filled, the person appointed to fill that vacancy holds office until the date on which the person last holding that office would have retired in the ordinary course.
4
Where necessary, the meeting at which a casual vacancy is to be filled must be convened by the National Park officer.
Calling of meetings5
1
Meetings of the authority are to be held at such place (whether or not in the National Park for which it is established) as the authority may direct.
2
At least three working days before a meeting of the authority—
a
notice of the time and place of the intended meeting must be published at the principal offices of the authority and, where the meeting is called by members of the authority, the notice must—
i
be signed by those members; and
ii
specify the business proposed to be transacted; and
b
a summons to attend the meeting, specifying the business proposed to be transacted and signed by the National Park officer must, subject to sub-paragraph (3), be left at or sent by post to the usual place of residence of every member of the authority, with a copy to—
i
the proper officer of the council for every relevant principal area;
ii
Natural England; and
iii
the Secretary of State.
3
If a member of the authority gives notice in writing to the National Park officer that the member wishes summonses to attend meetings of the authority to be sent to an address, specified in the notice, other than the member’s usual place of residence, any summons addressed to the member and left at or sent by post to that address is to be deemed sufficient service of the summons.
4
Failure to serve a summons on any member of the authority does not affect the validity of a meeting.
5
Except in the case of business required by or under this Order or any other statutory provision to be transacted at the annual meeting of the authority and other business brought before that meeting as a matter of urgency in accordance with the authority’s standing orders, no business is to be transacted at a meeting of the authority other than that specified in the summons relating to that meeting11.
6
In sub-paragraph (2), “working day” means a day other than a Saturday, Sunday, Christmas Day, Good Friday or bank holiday within the meaning of the Banking and Financial Dealings Act 197112.
Conduct of meetings6
1
The chair, if present, presides at a meeting of the authority.
2
If the chair is absent, the deputy chair presides, if present.
3
If both the chair and the deputy chair are absent, another member of the authority, chosen by the members present, presides.
Quorum7
No business may be transacted at a meeting of the authority unless13—
a
at least one third of the total number of members of the authority is present; and
b
of those present, at least one is a local authority member and at least one is a member appointed by the Secretary of State.
Minutes of proceedings of meetings8
A copy of the minutes of the proceedings at each meeting of the authority must, before the end of the period of 35 days starting with the date of the meeting at which those minutes are approved, be sent to—
a
the proper officer of the council for every relevant principal area;
b
Natural England; and
c
the Secretary of State.
SCHEDULE 3Application of enactments with modifications
PART 1Administration
Members’ allowances
1
In section 175 of the 1972 Act14 (allowances for attending conferences and meetings), subsection (3B) applies as if a National Park authority were a combined body, all the members of which are representatives of local authorities.
2
Financial administration3
1
Part 8 (financial administration) of the Local Government Finance Act 198817 (“the 1988 Act”) applies to a National Park authority as if—
a
that authority were a relevant authority for the purposes of that Part; and
b
“the commencement day” were 1st April 1997.
2
Section 113(2)(b) (qualifications of responsible officer) of the 1988 Act has effect in relation to the person having responsibility, under section 151 of the 1972 Act18, for the administration of the financial affairs of a National Park authority as if that authority were an authority mentioned in section 111(2)(a) to (k) of the 1988 Act.
Standing orders4
1
The Local Authorities (Standing Orders) Regulations 199319 apply in relation to a National Park authority as follows—
a
regulations 1 to 3 apply as if a National Park authority were a relevant authority within the meaning of regulation 1(2);
b
regulation 4 applies as if a National Park authority were a council mentioned in paragraph (1) of that regulation; and
c
paragraph 2 of Schedule 2 applies as if the reference to a meeting called under paragraph 3 of Schedule 12 to the 1972 Act were a reference to an extraordinary meeting of a National Park authority.
2
Regulations 6 and 7 of the Local Authorities (Standing Orders) (England) Regulations 200120 (standing orders in respect of disciplinary action and investigation of alleged misconduct) apply as if a National Park authority were a local authority for the purpose of those Regulations.
PART 2Miscellaneous functions
Water5
1
Schedule 11 to the Water Industry Act 199121 (orders conferring compulsory works powers) applies as if a National Park authority were a local authority for the purposes of paragraph 1(3)(b) (persons to be notified of compulsory works order application).
2
The Water Resources Act 199122 applies as if a National Park authority were a local authority for the purposes of—
a
section 72(2)(a)(ii) of that Act (interpretation of Chapter 2);
b
section 158(1) (works agreements);
c
section 197(5) (information); and
d
paragraph 2(3)(a) of Schedule 5 (procedure).
Transport and Works Act 19926
The Transport and Works Act 199223 applies as if a National Park authority were a local authority for the purposes of section 11(4) of that Act (inquiries and hearings).
Commons7
The Commons (Schemes) Regulations 198224 apply as if—
a
a National Park authority were a council for the purposes of those Regulations; and
b
in forms 1 and 2 in the Schedule, references to the National Park authority were substituted for references to the Council and District Council.
Areas of archaeological importance8
The Operations in Areas of Archaeological Importance (Forms of Notice etc.) Regulations 198425 apply in relation to any area of archaeological importance wholly or partly within a National Park as if each reference to a district council were a reference to the National Park authority for that National Park.
Disposal of abandoned vehicles9
The Removal and Disposal of Vehicles Regulations 198626 apply as if a National Park authority were a council for the purposes of paragraph (aa) of regulation 12(1)(e)(ii) and as if the National Park were that council’s area.
Listed building purchase notices10
The Planning (Listed Buildings and Conservation Areas) Regulations 199027 apply as if—
a
the reference in regulation 9(1) (claims for compensation and listed building purchase notices) to the council of a district included reference to a National Park authority; and
b
the purchase notice referred to in paragraph (2) of the form set out in Part 2 of Schedule 1 (notification of refusal of consent) were, in the case where the land is situated in a National Park, to be served on the National Park authority for that Park.
Town and country planning11
The Town and Country Planning General Regulations 199228 apply as if the reference to the council of a district in regulation 12(1) (claims for compensation etc.) included a reference to a National Park authority.
(This note is not part of the Order)