The National Park Authorities (Wales) Order 1995

Explanatory Note

(This note is not part of the Order)

Under Section 63 of the Environment Act 1995 the Secretary of State may by order establish for a National Park an authority (known as a National Park authority) to carry out in relation to that Park the functions conferred on such an authority by or under Part III of that Act. A National Park authority is a body corporate (see Schedule 7 paragraph 1(1) to that Act of 1995).

This Order establishes on 23rd November 1995 a National Park authority for each of the three existing National Parks in Wales, namely, the Brecon Beacons National Park, the Pembrokeshire Coast National Park and the Snowdonia National Park (article 3). Each authority is given an English name and a Welsh name (article 4 and Schedule 1).

The Order specifies the 1st April 1996 when section 4A of the Town and Country Planning Act 1990 will apply to each National Park (article 5). Each National Park authority will on that date become (inter alia) the local planning authority and hazardous substances authority for its National Park in place of the councils for those Welsh county and county boroughs any part of whose area lies within that National Park.

The Order makes provision for the appointment of members to each authority. Two thirds of the members of each authority will be appointed by the constituent Welsh county and county borough councils and the remaining one third of the members will be appointed by the Secretary of State for Wales. It also identifies those Welsh county and county borough councils within a National Park who are not to appoint members to the authority for that Park (article 6 and Schedule 2). The Order also makes provision for the first appointment of members (article 7).

The Order includes provision as to the resignation of office by members (article 8), the filling of vacancies (article 9), notice of appointment etc of members (article 10), meetings and proceedings of an authority (article 11 and Schedule 3), and as to an acting proper officer of an authority (article 12).

This Order also makes provision for an authority to send copies of reports etc to the Secretary of State under section 230 of the Local Government Act 1972 to the Countryside Council for Wales and Welsh county and county borough councils (article 13). Article 14 provides for an authority to keep a general fund for the receipt and payment of monies and to keep accounts. The Order makes provision as to the continuity of exercise of functions between the existing county and district councils (including the National Park Committees) and the National Park authorities (article 15). It makes provision for the transfer of staff to, and the employment of staff by, a National Park authority by applying provisions in sections 40 to 45 of the Local Government (Wales) Act 1994 (article 16). It also applies other provisions of the Local Government (Wales) Act 1994 to the authorities (article 17 and Schedule 4) and applies certain other enactments and instruments with modifications to the authorities (article 18 and Schedule 5). The Order makes transitional provisions of a general nature (article 19(1) and Schedule 6); makes provisions as to the capital finances of a National Park authority between 23rd November 1995 and 31st March 1996 (article 19(2) and Schedule 7) and makes transitional provision in relation to competitive tendering (article 19(3) and Schedule 8).