OpenLegislation

Section 11A Duty of certain bodies and persons in relation to the purposes for which National Parks are designated.F1F10

England and Wales

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

A National Park authority, in pursuing in relation to the National Park the purposes specified in subsection (1) of section five of this Act, shall seek to foster the economic and social well-being of local communities within the National Park F2... and shall for that purpose co-operate with local authorities and public bodies whose functions include the promotion of economic or social development within the area of the National Park.

(F31A)

In exercising or performing any functions in relation to, or so as to affect, land in any National Park in England, a relevant authority other than a devolved Welsh authority must seek to further the purposes specified in section 5(1) and if it appears that there is a conflict between those purposes, must attach greater weight to the purpose of conserving and enhancing the natural beauty, wildlife and cultural heritage of the area comprised in the National Park.

(1B)

In exercising or performing any functions in relation to, or so as to affect, land in any National Park in England, a devolved Welsh authority must have regard to the purposes specified in section 5(1) and if it appears that there is a conflict between those purposes, must attach greater weight to the purpose of conserving and enhancing the natural beauty, wildlife and cultural heritage of the area comprised in the National Park.

(2)

In exercising or performing any functions in relation to, or so as to affect, land in a National Park F4in Wales, any relevant authority shall have regard to the purposes specified in subsection (1) of section five of this Act and, if it appears that there is a conflict between those purposes, shall attach greater weight to the purpose of conserving and enhancing the natural beauty, wildlife and cultural heritage of the area comprised in the National Park.

(F52A)

The Secretary of State may by regulations make provision about how a relevant authority is to comply with the duty under subsection (1A) (including provision about things that the authority may, must or must not do to comply with the duty).

(3)

For the purposes of this section “relevant authority” means—

(a)

any Minister of the Crown,

(b)

any public body,

(c)

any statutory undertaker, or

(d)

any person holding public office.

(4)

In subsection (3) of this section—

  • “public body” includes—

    1. (a)

      any local authority, F6corporate joint committee, joint board or joint committee;

    2. (b)

      any National Park authority;

  • “public office” means—

    1. (a)

      an office under Her Majesty;

    2. (b)

      an office created or continued in existence by a public general Act of Parliament; or

    3. (c)

      an office the remuneration in respect of which is paid out of money provided by Parliament.

(5)

In subsection (4) of this section, “joint board” and “joint committee” mean—

(a)

a joint or special planning board for a National Park reconstituted by order under paragraph 1 or 3 of Schedule 17 to the M1Local Government Act 1972, or a joint planning board within the meaning of section 2 of the M2Town and Country Planning Act 1990;

(b)

a joint committee appointed under section 102(1)(b) of the M3Local Government Act 1972.

(F75A)

In this section, “devolved Welsh authority” has the same meaning as in the Government of Wales Act 2006 (see, in particular, section 157A of that Act).

(6)

In this section, “local authority”—

(a)

in relation to England, means a county council, district council or parish council;

(b)

in relation to Wales, means a county council, county borough council, F8. . . or community council.

F9(7)

In this section, “corporate joint committee” means a corporate joint committee established by regulations made under Part 5 of the Local Government and Elections (Wales) Act 2021.

Annotations

Textual amendments

F1

S. 11A added (19.9.1995) by 1995 c. 25, ss. 62, 125(2) (with ss. 7(6), 115, 117, Sch. 8 para. 7)

F2

Words in s. 11A(1) repealed (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 62, 107(3)(b), Sch. 12; S.I. 2006/2541, art. 2, Sch.

F3

S. 11A(1A)(1B) inserted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 245(3)(b), 255(9)(b) (with s. 247)

F4

Words in s. 11A(2) inserted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 245(3)(c), 255(9)(b) (with s. 247)

F5

S. 11A(2A) inserted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 245(3)(d), 255(9)(b) (with s. 247)

F6

Words in s. 11A(4) inserted (3.12.2021) by The National Parks and Access to the Countryside Act 1949 (Meaning of Public Body) (Wales) Regulations 2021 (S.I. 2021/1359), regs. 1(2), 2(2)

F7

S. 11A(5A) inserted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 245(3)(e), 255(9)(b) (with s. 247)

F8

Words in s. 11A(6)(b) repealed (1.4.1997) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/2560, art. 2, Sch.

F9

S. 11A(7) inserted (3.12.2021) by The National Parks and Access to the Countryside Act 1949 (Meaning of Public Body) (Wales) Regulations 2021 (S.I. 2021/1359), regs. 1(2), 2(3)

F10

Words in s. 11A heading substituted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 245(3)(a), 255(9)(b) (with s. 247)

Marginal citations

M1

1972 c. 70.

M2

1990 c. 8.

M3

1972 c. 70.