Section 12 National Park Plans: procedureC1

(1)

When a National Park authority has prepared a National Park Plan it must—

(a)

send a copy of the Plan to every local authority any part of whose area is within the National Park,

(b)

determine the period, which must be a minimum of 12 weeks, for which it is to be made available for public inspection under subsection (2) and notify every such local authority of that period,

(c)

publicise it in such manner as it thinks fit, and

(d)

consult—

(i)

every such local authority,

(ii)

every community council any part of whose area is within the National Park,

(iii)

such persons as appear to it to be representative of the interests of those who live, work or carry on business in the National Park, and

(iv)

such other persons as it thinks fit,

on the Plan.

(2)

A local authority receiving a copy Plan under subsection (1)(a) must make it available for public inspection for the period referred to in subsection (1)(b).

(3)

The National Park authority must take into account—

(a)

any views on the Plan expressed by those consulted under subsection (1)(d), and

(b)

any comments on it received within the period referred to in subsection (1)(b),

and may adjust it in light of such views and comments.

(4)

On receipt of the Plan from the National Park authority the Scottish Ministers may—

(a)

approve it (with or without modifications), or

(b)

reject it.

(5)

The Scottish Ministers must not approve a Plan with modifications unless they have—

(a)

sent a copy of the proposed modifications to the National Park authority, and

(b)

taken into account any comments on the proposed modifications made to them by the authority.

(6)

Where the Scottish Ministers approve a Plan with modifications or reject it they must give their reasons for doing so.

(7)

Where a Plan is approved under subsection (4)(a), the National Park authority must—

(a)

adopt the Plan (as approved) as its National Park Plan,

(b)

send a copy of it to the Scottish Ministers and every local authority any part of whose area is within the National Park,

(c)

keep a copy of it for inspection by any person at any reasonable time and keep copies for sale at a reasonable price, and

(d)

publicise it in such manner as it thinks fit.

(8)

Where a Plan is rejected under subsection (4)(b), the National Park authority must prepare a revised Plan and submit it to the Scottish Ministers by such time as they may direct.

Annotations

Modifications

C1: S. 12 modified (1.4.2007) by Town and Country Planning (Marine Fish Farming) (Scotland) Order 2007 (S.S.I. 2007/268), arts. 1(1), 4(1) (with art. 14(3))