(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.
Article 3 of this Order establishes on 1st October 1996 a National Park authority for each of the National Parks in England. Article 4 and Schedule 1 make provision for the number of members to be appointed to each authority by local authorities, and by the Secretary of State. Articles 4 to 8 deal with the first appointment of members, resignation of office, vacancies, and notification of appointments. Article 10 makes transitional provision for an acting proper officer. Articles 11 and 12 provide for reports and returns by an Authority, and its funds and accounts. Article 13 provides for continuity in the exercise of the functions formerly exercised in relation to a National Park by a local authority or the Lake District Special Planning Board or the Peak Park Joint Planning Board (“the Boards”). Article 14 and Schedule 3 provide for the transfer of staff, and article 15 for the transfer of property, rights and liabilities. The effect of article 16 is that each Authority, as from 1st April 1997, becomes the sole local planning authority for the area of its Park, except for certain functions which are required to be exercised concurrently with appropriate district councils. Article 17 and Schedule 4 make provision in relation to development plans. Article 18 and Schedule 5 apply various enactments and instruments to National Park authorities. Article 19 makes transitional provision, and article 20 provides for the winding up of the Boards.