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The National Park Authorities (England) Order 1996

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Continuity of exercise of functions

13.—(1) The vesting of the relevant functions of transferor authorities in a National Park authority by or under Part III of the 1995 Act shall not affect the validity of anything done by or in relation to any of those authorities before that vesting.

(2) Anything which on 1st April 1997 is in the process of being done by or in relation to a transferor authority in the exercise of, or in connection with, any relevant functions may be continued by or in relation to the National Park authority by which those functions become exercisable in respect of the National Park in question.

(3) Subject to paragraph (6), anything done by or in relation to a transferor authority before 1st April 1997 in the exercise of or in connection with any relevant function, or anything which by virtue of any enactment is treated as having been so done, shall, so far as is required for continuing its effect on and after that date, have effect as if done by or in relation to the National Park authority.

(4) Paragraph (3) applies in particular to—

(a)any decision, determination, declaration, designation, agreement or instrument made by a transferor authority;

(b)any byelaws made by a transferor authority;

(c)any licence, permission, consent, approval, authorisation, exemption, dispensation or relaxation granted by or to a transferor authority;

(d)any notice, direction or certificate given by or to a transferor authority;

(e)any application, request, proposal or objection made by or to a transferor authority;

(f)any condition or requirement imposed by or on a transferor authority;

(g)any appeal allowed by or in favour of or against a transferor authority;

(h)any proceedings instituted by or against a transferor authority.

(5) Any reference, however framed, to a transferor authority in any document constituting, or relating to, anything to which the foregoing provisions of this article apply shall, so far as is required for giving effect to those provisions, be construed as a reference to the relevant National Park authority.

(6) The provisions of this article are without prejudice to any other provision made by or under this Order or Part III of the 1995 Act in relation to any particular relevant function or functions, and in relation to any particular transferor authority and National Park authority, and shall not be construed as continuing in force any contract of employment made by a transferor authority.

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