Countryside (Scotland) Act 1981

8 Establishment of regional parks. S

After section 48 of the Act of 1967 there shall be inserted the following section—

“48A Regional parks.

(1) A regional park is an extensive area of land, part of which is devoted to the recreational needs of the public.

(2) Regional councils shall have power—

(a) by order to designate lands within their region as regional parks, and

(b) to manage as a single administrative unit any parts of any such park which are under the control of the council,

and where it is appropriate that lands extending into more than one region should be designated as a regional park the regional councils concerned may jointly exercise the powers conferred by this subsection.

(3) Subject to subsection (4)(c) below, an order under subsection (2)(a) above shall not take effect until it is confirmed by the Secretary of State, who may confirm such order either without modification or subject to such modifications as he considers expedient.

(4) The Secretary of State shall by regulations made by statutory instrument prescribe the procedure for making orders under subsection (2)(a) above and the form of such orders; and (without prejudice to the generality of this subsection) the regulations shall make provisions as follows:—

(a) that before an order under subsection (2)(a) above is submitted to the Secretary of State for confirmation, notice of the terms of the order shall be given to the owners, lessees and occupiers of land within the area designated in the order, and to such other persons, if any, as may be specified in the regulations;

(b) that objections and representations with respect to the order, if duly made in accordance with the regulations, shall be considered by the Secretary of State before he confirms the order;

(c) that if no objections or representations are made in respect of any order, or if any objections or representations made are withdrawn, the order shall not be submitted to the Secretary of State for confirmation, but shall be confirmed without modifications as an unopposed order by the council or councils who made it; and

(d) that copies of confirmed orders shall be served on such person as may be specified in the regulations.

(5) Any statutory instrument made in terms of subsection (4) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(6) Where a planning application is made in relation to lands which fall within an area designated as a regional park, the planning authority shall have regard to the fact that the area has been so designated in considering the application.”

Modifications etc. (not altering text)

C1 The text of s. 8 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.