Environment Act 1995

79 Interpretation of Part III. E+W

(1) In this Part, except in so far as the context otherwise requires—

• “the 1972 Act” means the M1 Local Government Act 1972;

• “existing authority”, in relation to a National Park, means—

  (a)

  any such joint or special planning board for that Park or for any area wholly or partly comprised in that Park as was reconstituted by an order under paragraph 1 or 3 of Schedule 17 to the 1972 Act or constituted by an order under paragraph 3A of that Schedule or section 2(1B) of the M2 Town and Country Planning Act 1990; or

  (b)

  any National Park Committee for that Park or for any such area;

• “liability”, in relation to the transfer of liabilities from one person to another, does not include any criminal liability;

• “principal council” and “principal area” have the same meanings as in the 1972 Act;

• “public authority” means any local authority within the meaning of the 1972 Act (including any such authority in their capacity as a local planning authority), any National Park authority, any existing authority for a National Park, any joint authority [F1 or residuary body] established under Part II of the M3 Local Government Act 1992[F2 , any residuary body established under section 17 of the Local Government and Public Involvement in Health Act 2007], any joint authority established under section 34 of the M4 Local Government (Wales) Act 1994 or the Residuary Body for Wales established by section 39 of that Act;

• “the relevant Park”, in relation to a National Park authority, means the area for which that authority is or is to be the National Park authority.

(2) Where—

(a) any enactment that is applied by virtue of this Part in relation to National Park authorities refers, or falls to be construed as referring, to any other enactment, and

(b) that other enactment is also one which is so applied,

the reference shall be construed (so far as it would not be so construed apart from this subsection) as including a reference to the other enactment as it is applied in relation to National Park authorities.

Textual Amendments

F1 Words in s. 79(1) repealed (1.11.2007 for E.) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 1 para. 18(3)(a), Sch. 18 Pt. 1; S.I. 2007/3136, art. 2(b)(c)

F2 Words in s. 79(1) inserted (1.11.2007 for E.) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 1 para. 18(3)(b); S.I. 2007/3136, art. 2(b)

Marginal Citations

M1 1972 c. 70.

M2 1990 c. 8.

M3 1992 c. 19.

M4 1994 c. 19.