(1)It shall be the duty of [F2Natural England] F3... from time to time, to consider what areas there are in England F4 . . . falling within subsection (2) of the last foregoing section, to determine in what order they should be designated under subsection (3) of that section, and to proceed with their designation at such times as [F2Natural England] may determine.
(2)The power of the Minister to give directions under section three of this Act shall extend to the giving of directions as to the order and time of designation of the said areas, notwithstanding that the directions may be of a specific character.
(3)As respects areas designated as National Parks, it shall be the duty of [F5Natural England]—
(a)to consider, generally and in relation to particular National Parks, in what way action needs to be taken under this Act and [F6the M1Town and Country Planning Act 1971] for the purposes specified in subsection (1) of the last foregoing section, and to make such recommendations with respect thereto to the Minister and to [F7National Park authorities and]local authorities as may appear to [F5Natural England ] to be necessary or expedient, and
(b)to keep under review the progress made from time to time in accomplishing the said purposes and to make to the Minister or, where [F5Natural England] deem it appropriate, to any other Minister or any [F7National Park authority]local authority or other persons, such representations as appear to [F5Natural England] to be necessary or expedient as to any matter affecting the accomplishment of those purposes.
(4)Without prejudice to the generality of the last foregoing subsection, it shall be the duty of [F8Natural England], subject to and in accordance with the following provisions of this Act in that behalf—
F9(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10
F11(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12
(e)to give advice where any Minister consults [F8Natural England] as to proposals for development of land in a National Park, or the appropriate planning authority consult them (whether in compliance with a requirement imposed under this Act or [F6the M2Town and Country Planning Act 1971] or otherwise) in connection with the preparation or amendment of a development plan or in connection with an application for permission to develop any such land;
(f)to make recommendations to the Minister and, where [F8Natural England ] deem it appropriate, to other Ministers as to any proposals for the development of land in a National Park, being proposals for development in a way which appears to [F8Natural England] to be inconsistent with the maintenance of the area as a Park;
(g)to notify to the Minister, or where [F8Natural England] deem it appropriate to other Ministers, the general nature of the action which will in the opinion of [F8Natural England ] need to be taken as respects land in a National Park for any of the purposes specified in subsection (1) of the last foregoing section, in cases where it appears to [F8Natural England] that the Minister in question should be informed thereof before considering future proposals for the development of the land for other purposes; and
(h)if in any case [F8Natural England ] are not satisifed that effect will be given to their recommendations or advice as to any matter mentioned in the foregoing paragraphs of this subsection, to refer the matter to the Minister and to advise the Minister as to the exercise of any powers of direction or enforcement (including powers of making orders) conferred on him by this Act or [F6the M3Town and Country Planning Act 1971].
(5)Nothing in this section shall be construed as modifying the effect of any provision of this Act whereby any specific power or duty is conferred or imposed on [F13Natural England ] or whereby an obligation is imposed on any other person to consult with [F13Natural England ].
(6) In this section the expression “appropriate planning authority”means [F14a National Park authority]. . .and includes a local authority, not being a local planning authority, by whom any powers of a local planning authority as respects a National Park are exercisable, whether under the following provisions of this Act in that behalf or otherwise; and references in this section to a Minister include references to any Board in charge of a Government department.
Textual Amendments
F1Words in s. 6 substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), s. 107, Sch. 11 para. 11(4); S.I. 2006/2541, art. 2 (with Sch.)
F2Words in s. 6(1) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), s. 107, Sch. 11 para. 10(b); S.I. 2006/2541, art. 2 (with Sch.)
F3Words in s. 6(1) repealed (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), s. 107, Sch. 11 para. 11(2), Sch. 12; S.I. 2006/2541, art. 2 (with Sch.)
F4Words in s. 6(1) repealed (1.4.1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 130(1), Sch. 8 para. 1(5); S.I. 1991/685, art. 3
F5Words in s. 6(3) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), s. 107, Sch. 11 para. 10(b); S.I. 2006/2541, art. 2 (with Sch.)
F6Words substituted by virtue of Town and Country Planning Act 1971 (c. 78, SIF 123:1), Sch. 24 para. 2
F7Words in s. 6(3)(a)(b) inserted (23.11.1995) by 1995 c. 25, s. 78, Sch. 10 para. 2(1)(a) (with ss. 7(6), 115, 117, Sch. 8 para. 7); S.I. 1995/2950, art. 2
F8Words in s. 6(4) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), s. 107, Sch. 11 para. 10(b); S.I. 2006/2541, art. 2 (with Sch.)
F9S. 6(4)(a) repealed (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), s. 107, Sch. 11 para. 11(3), Sch. 12; S.I. 2006/2541, art. 2 (with Sch.)
F10S. 6(4)(b) repealed by Countryside Act 1968 (c. 41, SIF 46:1), Sch. 5
F11S. 6(4)(c) repealed (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), s. 107, Sch. 11 para. 11(3), Sch. 12; S.I. 2006/2541, art. 2 (with Sch.)
F12S. 6(4)(d) repealed by Countryside Act 1968 (c. 41, SIF 46:1), Sch. 5
F13Words in s. 6(5) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), s. 107, Sch. 11 para. 10(b); S.I. 2006/2541, art. 2 (with Sch.)
F14Words in s. 6(6) inserted (23.11.1995) by 1995 c. 25, s. 78, Sch. 10 para. 2(1)(a) (with ss. 7(6), 115, 117, Sch. 8 para. 7); S.I. 1995/2950, art. 2
Modifications etc. (not altering text)
C1S. 6(4)(e) applied (with modifications)(1.4.2001 for E. and 1.5.2001 for W.) by 2000 c. 37, s. 84(1)(a)(2) (with s. 84(4)-(6)); S.I. 2001/114, art. 2(2)(e); S.I. 2001/1410, art. 2(g)
Marginal Citations
M11971 c. 78.(123:1).
M21971 c. 78.(123:1).
M31971 c. 78.(123:1).