National Parks and Access to the Countryside Act 1949

102 Power to authorise other local authorities to act in place of local planning authority

(1) Where it is represented to a local planning authority by any other local authority that it is expedient in any particular case that any of the powers of the local planning authority under the provisions of this Act relating to National Parks or areas of outstanding natural beauty or under the provisions of Part V or of section eighty-nine of this Act should be exercised by the said other local authority, and the local planning authority agree, the power shall be exercisable in that case by the said other local authority:

Provided that before agreeing as aforesaid to the exercise by the said other local authority of any of the said powers in relation to a National Park, or to land in a National Park, the local planning authority shall consult with the Commission.

(2) Where under the last foregoing subsection a local planning authority and any such other local authority as aforesaid are unable to agree as to the exercise of any power, the other local authority may refer the difference to the Minister; and the Minister, after consultation with the local planning authority, may if he thinks fit direct that in the case in question the said power shall be exercisable by the other local authority.

(3) So far as is necessary for giving effect to any agreement or direction under this section, references in this Act to a local planning authority shall be construed as references to the said other local authority.

(4) Without prejudice to the generality of the last foregoing subsection, where in pursuance of an agreement or direction under this section a local authority have acquired any land in a National Park or area of outstanding natural beauty, or have made an access agreement or order as respects any land or acquired any land under Part V of this Act, subsections (1) and (2) of section ninety of this Act shall apply as if the said other local authority were the local planning authority.

(5) Section thirty-four of the Act of 1947 (which provides for the delegation of functions under Part III of that Act) shall apply to functions under this Act relating to the matters specified in subsection (1) of this section; and, without prejudice to any power of variation or revocation, the coming into operation of this Act shall not affect any delegation under the said section thirty-four in force at the commencement of this Act:

Provided that this subsection shall not authorise a local planning authority to delegate any of their functions under this Act, being functions relating to a National Park or to land in a National Park, except after consultation with the Commission.

(6) In this section the expression " local authority " means a local planning authority, the council of a county or county borough, not being a local planning authority, or the council of a county district.