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The National Park Authorities (England) Order 2015

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This is the original version (as it was originally made).

PART 2Miscellaneous functions

Water

5.—(1) Schedule 11 to the Water Industry Act 1991(1) (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 1991(2) 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 1992

6.  The Transport and Works Act 1992(3) applies as if a National Park authority were a local authority for the purposes of section 11(4) of that Act (inquiries and hearings).

Commons

7.  The Commons (Schemes) Regulations 1982(4) 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 importance

8.  The Operations in Areas of Archaeological Importance (Forms of Notice etc.) Regulations 1984(5) 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 vehicles

9.  The Removal and Disposal of Vehicles Regulations 1986(6) 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 notices

10.  The Planning (Listed Buildings and Conservation Areas) Regulations 1990(7) 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 planning

11.  The Town and Country Planning General Regulations 1992(8) 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.

(2)

1991 c.57. Section 158(1) was amended by paragraphs 128 and 160 of Schedule 22 to the 1995 Act and S.I. 2013/755; section 197(5) was amended by paragraph 128 of Schedule 22 to the 1995 Act and paragraph 2(3) of Schedule 5 was amended by S.I. 2013/755.

(4)

S.I. 1982/209, amended by S.I. 1997/2971. Paragraphs 1(1) and (2)(a) of Schedule 9 to the 1995 Act provide that section 1 (scheme for regulation) of the Commons Act 1899 (c.30) is to have effect in relation to a registered common as if a National Park authority were a local authority for the purposes of that enactment.

(5)

S.I. 1984/1285. Paragraph 10(2) of Schedule 9 to the 1995 Act provides that section 35 (archaeological areas) of the Ancient Monuments and Archaeological Areas Act 1979 (c.46) is to have effect as if any notice required to be served on a local authority under that section were required to be served, instead, on a National Park authority.

(6)

S.I. 1986/183. Regulation 12 was amended by S.I. 1996/1008 and 1997/2971. Paragraph 9(1) of Schedule 9 to the 1995 Act provides that references to a local authority in the Refuse Disposal (Amenity) Act 1978 (c.3) are to 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.

(7)

S.I. 1990/1519. Regulation 9(1) was amended by S.I. 1996/525. Paragraph (2) of the form set out in Part 2 of Schedule 1 was amended by S.I. 1996/525, 1997/2971, 2013/2115 and 2013/2146. Under section 32(4A) of the Planning (Listed Buildings and Conservation Areas) Act 1990 (c.9), inserted by paragraph 33 of Schedule 10 to the 1995 Act, a National Park authority is a body on whom a listed building notice may be served where it is the local planning authority for the area in which the building and land in question are situated.

(8)

S.I. 1992/1492. Regulation 12(1) was amended by S.I. 1996/525.

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