Explanatory note

The Regulations amend the National Park Authorities (Levies) (Wales) Regulations 1995 (the 1995 Regulations). The 1995 Regulations provide for the issue of levies to Welsh county and county borough councils as billing authorities by National Park authorities for National Parks in Wales. The Regulations amend the 1995 Regulations insofar as they relate to financial years beginning on and after 1st April 1997 (regulation 3(1) and (2)).

Regulation 6 (maximum amount of levies) of the 1995 Regulations provides that, except with the consent of a billing authority, a National Park authority cannot issue levies to billing authorities for an amount in excess of one-third of the National Park grant that the Secretary of State has determined to make to that National Park authority under section 72 of the Environment Act 1995. That regulation is amended by regulation 3(3) to reflect the fact that by National Park grants the Secretary of State now funds certain (mostly “revenue”) expenditure of a National Park authority at a rate of 75% while for certain (mostly “capital”) expenditure funding is at a 100% rate. The amendment replaces the existing paragraph (5) in regulation 6 of the 1995 Regulations with new paragraphs (5) to (7).

The new paragraph (5) of regulation 6 makes provision for calculation of the maximum levy where the Secretary of State has made a determination of National Park grants to an authority before 15th January in the financial year preceding the financial year to which the authority’s levy relates.

Paragraphs (6) and (7) make provision for calculation of the maximum levy where the Secretary of State has not made by a determination of such grants by that date. In that case the maximum amount of levy is calculated by reference to the National Park grants determined before that date for the preceding financial year increased or, as appropriate, decreased by reference to the retail prices index in September of that preceding year.

Paragraph (4) of regulation 3 makes an amendment to regulation 7(4) (substituted levies) of the 1995 Regulations while paragraph (5) of regulation 3 substitutes a new regulation 10 (anticipation of levies). These are changes consequential upon the amendments effected by regulation 3(3).