The South Downs National Park Authority (Establishment) Order 2010

Article 16

SCHEDULE 3 E+W APPLICATION OF ENACTMENTS

PART 1 E+W ADMINISTRATION

Members' allowances E+W

1.—(1) Paragraph (3B) of section 175 of the 1972 Act M1  (allowances for attending conferences and meetings) applies as if the Authority were a combined body all the members of which are representatives of local authorities.

(2) For the purposes of subsection (1) of section 177 of the 1972 Act M2 (provisions supplementary to sections 173 to 176 of that Act), the Authority is to be treated as a body specified in section 21(1) of the 1989 Act.

Marginal Citations

M1 Subsection (3B) is inserted by section 25(3) of the Local Government, Planning and Land Act 1980 (c.65), and amended by paragraph 27(b) of Schedule 11 to the 1989 Act. Section 175 applies to a National Park authority by virtue of paragraph 11(1) of Schedule 7 to the 1995 Act.

M2 Section 177(1) was substituted by paragraph 28 of Schedule 11 to the 1989 Act.

Financial administration E+W

2.  Part 8 (financial administration) of the Local Government Finance Act 1988 M3 applies as if—

(a) the Authority were a relevant authority for the purposes of that Part; and

(b) references to “the commencement day” were references to 1st April 2010.

Marginal Citations

M3 1988 c. 41. Section 111(1) and (2) defines “a relevant authority” for the purposes of Part 8 of the Act. Section 111(4) defines “the commencement day”.

Standing orders E+W

3.—(1) The Local Authorities (Standing Orders) Regulations 1993 M4 apply as if—

(a) in regulations 1 to 3 and Schedule 1 (standing orders relating to chief officers), the Authority were a relevant authority within the meaning of regulation 1;

(b) in regulation 4 (meetings and proceedings), the Authority were a council mentioned in paragraph (1) of that regulation; and

(c) in paragraph 2 of Schedule 2 (signing minutes - extraordinary meetings), the reference to a meeting called under paragraph 3 of Schedule 12 to the 1972 Act were a reference to an extraordinary meeting of the Authority.

(2) Regulations 6 and 7 of the Local Authorities (Standing Orders) (England) Regulations 2001 (standing orders in respect of disciplinary action and investigation of alleged misconduct) M5 apply as if the Authority were a local authority for the purpose of those Regulations.

Marginal Citations

M4 S.I. 1993/202, amended by S.I. 2001/3384.

M5 S.I. 2001/3384.

PART 2 E+W MISCELLANEOUS FUNCTIONS

Water E+W

4.—(1) Schedule 11 to the Water Industry Act 1991 (orders conferring compulsory works powers) M6 applies as if the Authority were a local authority for the purposes of paragraph 1(3)(b) of that Schedule (persons to be notified of a compulsory works order application).

(2) The Water Resources Act 1991 M7 applies as if—

(a) the Authority were a local authority for the purposes of section 72(2)(a) of that Act (interpretation of Chapter 2); and

(b) the Authority were a local authority for the purposes of section 158(1) (works agreements for water resources purposes) and section 197(5) (provision of information about water flow) of that Act, and for the purposes of paragraph 2(3)(a) of Schedule 5 (procedure) to that Act.

Marginal Citations

M6 1991 c. 56.

M7 1991 c. 57.

Transport and Works Act 1992 E+W

5.  The Transport and Works Act 1992 M8 applies as if the Authority were a local authority for the purposes of section 11(4) of that Act (inquiries and hearings).

Marginal Citations

M8 1992 c. 42.

Commons E+W

6.  The Commons (Schemes) Regulations 1982 M9 , to the extent that they relate to land within the National Park, apply as if—

(a) the Authority were a council for the purposes of those Regulations; and

(b) in forms 1 and 2 in the Schedule to those Regulations, references to the Authority were substituted for references to the Council and District Council.

Marginal Citations

M9 S.I. 1982/209. Paragraph 1 of Schedule 9 to the 1995 Act provides that section 1 of the Commons Act 1899 (c. 30) (scheme for regulation) has effect in relation to a registered common within a National Park for which a National Park authority is the local planning authority as if a National Park authority were a local authority for the purposes of that enactment.

Areas of archaeological importance E+W

7.  The Operations in Areas of Archaeological Importance (Forms of Notice etc.) Regulations 1984 M10 apply in relation to any area of archaeological importance wholly or partly within the National Park as if each reference to a district council were a reference to the Authority.

Marginal Citations

M10 S.I. 1984/1285, to which there are modifications for particular purposes not relevant to this Order. Paragraph 10(2) of Schedule 9 to the 1995 Act provides that section 35 of the Ancient Monuments and Archaeological Areas Act 1979 (c. 46) (notice of operations affecting areas of archaeological importance) has 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 and the functions conferred on a local authority under that section had been conferred on the National Park authority.

Disposal of abandoned vehicles E+W

8.  The Removal and Disposal of Vehicles Regulations 1986 M11 apply as if the Authority were a council of a county for the purposes of paragraph (aa) of regulation 12(1)(e), and as if the National Park were that council's area.

Marginal Citations

M11 S.I. 1986/183, to which there are amendments not relevant to this Order. 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) 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.

Listed building purchase notices E+W

9.  The Planning (Listed Buildings and Conservation Areas) Regulations 1990 M12 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 the Authority; and

(b) the purchase notice referred to in paragraph (2) of Part 2 of Schedule 1 (notification to be sent to applicant on refusal of listed building consent etc.) were, in the case where the land is situated in the National Park, to be served on the Authority.

Marginal Citations

M12 S.I. 1990/1519. Paragraph (2) of the form set out in Part 2 of Schedule 1 to that Order was amended by S.I. 1996/525 and 1997/2971; there are other amendments to that Order not relevant to this Order. By virtue of section 32(4A) of the Planning (Listed Buildings and Conservation Areas) Act 1990 (inserted by paragraph 33 of Schedule 10 to the 1995 Act), a National Park authority is a body on whom a listed building purchase notice may be served where it is the local planning authority for the area in which the building and land in question are situated.

Town and country planning E+W

10.  The Town and Country Planning General Regulations 1992 M13 apply as if the reference to the council of a district in regulation 12(1) (claims for compensation and purchase notices) included a reference to the Authority.

Marginal Citations

M13 S.I. 1992/1492, to which there are amendments not relevant to this Order.

11.  The Town and Country Planning (General Development Procedure) Order 1995 M14 applies as if the reference to the district council in the final paragraph of the notification set out in Part 2 of Schedule 1 to that Order (notification to be sent to applicant on refusal of planning permission or on the grant of permission subject to conditions) were, where the land is situated in the National Park, a reference to the Authority. E+W

Marginal Citations

M14 S.I. 1995/419. Section 147A of the Town and Country Planning Act 1990 (c.8), inserted by section 67(5) of the 1995 Act, applies Chapter 1 of Part 6 of that Act to National Park authorities.

12.  Section 15 (local development scheme) of the Planning and Compulsory Purchase Act 2004 M15 applies in relation to the Authority as if for paragraph (b) of subsection (3) there were substituted— E+W

“(b) submit the scheme to the Secretary of State not later than 1st July 2011;”.

Marginal Citations

M15 2004 c. 5.