The National Parks and Access to the Countryside Act 1949 (Meaning of Public Body) (Wales) Regulations 2021

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend section 11A of the National Parks and Access to the Countryside Act 1949 (c. 97) (“the 1949 Act”). Section 11A(2) provides that when exercising or performing any function in relation to, or affecting, land in any National Park, a “relevant authority” must have regard to the purposes specified in section 5(1) of the 1949 Act.

The purposes in section 5(1) are conserving and enhancing the natural beauty, wildlife and cultural heritage and promoting opportunities for the understanding and enjoyment of the special qualities of National Parks by the public.

The authorities subject to this duty are defined in section 11A(3) and include “any public body”, the definition of which includes any “local authority, joint board or joint committee” (section 11A(4)).

These Regulations amend section 11A(4) so that corporate joint committees, established by regulations made under Part 5 of the Local Government and Elections (Wales) Act 2021 (asc 1) (“the 2021 Act”), are included in the definition of “public body”. This results in corporate joint committees being subject to the duty in section 11A(2).

These Regulations are connected with regulations which established certain corporate joint committees under Part 5 of the 2021 Act.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to the regulations which establish corporate joint committees and connected orders and regulations. As a result, a regulatory impact assessment has been prepared. A copy can be obtained from the Local Government Strategic Finance Division, Welsh Government, Cathays Park, Cardiff, CF10 3NQ.