The National Park Authorities Levies (Wales) (Amendment) Regulations 2000

Welsh Statutory Instruments

2000 No. 244 (W. 2)

LOCAL GOVERNMENT, WALES, FINANCE

The National Park Authorities Levies (Wales) (Amendment) Regulations 2000

Made

3rd February 2000

Coming into force

7th February 2000

The National Assembly for Wales, in exercise of the power conferred on the Secretary of State by sections 74, 140(4) and 143(2) of the Local Government Finance Act 1988(1) and now vested in the National Assembly for Wales(2) and of all other powers enabling it in that behalf, makes the following Regulations.

Citation commencement and interpretation

1.—(1) These Regulations may be cited as the National Park Authorities Levies (Wales) (Amendment) Regulations 2000 and shall come into force on 7 February 2000.

(2) In these Regulations

“the Principal Regulations” means the National Park Authorities (Levies)(Wales) Regulations 1995(3)

Amendment of regulation 3 of the Principal Regulations

2.  For regulation 3 of the Principal Regulations (application) substitute the following regulation—

“3.   These Regulations apply in relation to any levy of a National Park authority to be issued to, or anticipated by, a relevant billing authority in respect of financial years beginning on 1st April 2000 and 1st April 2001.”

Amendment of regulation 4 of the Principal Regulations

3.  In regulation 4 of the Principal Regulations (issue of levies) omit paragraphs (1) and (2).

Amendment of regulation 6 of the Principal Regulations

4.  In regulation 6 of the Principal Regulations (maximum amount of levies) for paragraphs (5), (6) and (7) substitute the following paragraph —

“(5) In this regulation –“the agreed proportion” and “the relevant proportion” shall be construed in accordance with regulation 5, “maximum amount” means the amount specified for each National Park authority in the following table —

National Park Authority	Maximum Amount £
Brecon Beacons National Park	621,661
Pembrokeshire Coast National Park	677,779
Snowdonia National Park	878,558”

Amendment of regulation 7 of the Principal Regulations

5.  In regulation 7 of the Principal Regulations (substituted levies) for paragraph (4) substitute –“A new levy shall be issued in accordance with these Regulations.”

Savings

6.  The provisions of the Principal Regulations as existing immediately prior to the amendments made by these Regulations shall continue in force in respect of any levy of a National Park authority issued to a relevant billing authority in respect of any financial year beginning before 1st April 2000.

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998(4)

Dafydd Elis Thomas

Presiding Officer, National Assembly for Wales

3rd February 2000

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the National Park Authorities (Levies) (Wales) Regulations 1995 (“the Principal Regulations”) as amended by the National Park Authorities (Levies) (Wales) (Amendment) Regulations 1996. The Principal Regulations provide for the issue of levies by the National Park authorities to Welsh county or county borough councils as billing authorities for National Parks in Wales.

These Regulations replace certain provisions in the Principal Regulations for the financial years 2000 and 2001 (regulations 2 and 5). Further legislation will be required for subsequent years.

Regulation 3 of these Regulations revokes paragraphs (1) and (2) of regulation 4 (issue of levies) of the Principal Regulations. Those paragraphs, prevent a National Park authority from issuing a levy before the 15th January in the financial year preceding the financial year to which the authority’s levy relates, unless the National Assembly for Wales has made a determination of the amount of grant it is prepared to give to the authority under section 72 of the Environment Act 1995.

Regulation 4 of these Regulations, substitutes paragraphs (5), (6) and (7) of regulation 6 (maximum amount of levies) of the Principal Regulations with a new paragraph (5). Regulation 6 prevents a National Park authority from raising by way of levies an amount in excess of the maximum amount. Paragraph (5) makes a provision for calculating the maximum levy where the National Assembly for Wales has made a determination of National Park grants before the 15th January date referred to above. Paragraphs (6) and (7) make provision for calculation of the maximum levy where the National Assembly for Wales has not made a determination of grant by the 15th January. The substituted provision specifies a single maximum amount of levy which is specified for each National Park authority.

Regulation 5 makes consequential amendments.

(1)

1988 c. 41. to which there are amendments that are not relevant to these Regulations.

(2)

See the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672).

(3)

S.I. 1995/3019; relevant amending instrument is S.I. 1996/2913

(4)

1998 c. 38.