National Parks (Scotland) Act 2000

9 General purpose and functions S

(1) The general purpose of a National Park authority is to ensure that the National Park aims are collectively achieved in relation to the National Park in a co-ordinated way.

(2) A National Park authority has, in relation to the National Park—

(a) the general powers conferred by virtue of schedule 2,

(b) the functions conferred by virtue of schedule 3,

(c) such planning functions as may be conferred under section 10,

(d) such additional functions as the designation order may specify, and

(e) such other functions as are conferred by virtue of this Act.

(3) A National Park authority may do anything which it considers is calculated to facilitate, or is conducive or incidental to—

(a) accomplishing the purpose set out in subsection (1),

(b) carrying out any function conferred on it by virtue of any other enactment.

(4) Subsection (3) is without prejudice to any powers exercisable apart from that subsection but does not confer power—

(a) to do anything in contravention of any restriction imposed by virtue of this Act in relation to any express power of the authority,

(b) to raise money in a manner which is not authorised apart from that subsection.

(5) A thing is not, however, excluded from being done under subsection (3) merely because it involves expenditure, borrowing or lending of money or acquiring or disposing of property.

(6) In exercising its functions a National Park authority must act with a view to accomplishing the purpose set out in subsection (1); but if, in relation to any matter, it appears to the authority that there is a conflict between the National Park aim set out in section 1(a) and other National Park aims, the authority must give greater weight to the aim set out in section 1(a).

Modifications etc. (not altering text)

C1 S. 9 modified by 1997 c. 8, s. 26(6J) (as inserted (6.2.2007 for specified purposes, 1.4.2007 in so far as not already in force) by Planning etc. (Scotland) Act 2006 (asp 17), ss. 3(1)(e), 59(2); S.S.I. 2007/49, art. 2, Sch.; S.S.I. 2007/130, art. 2(2), Sch.)