Guide to the National parks (Scotland) Act 2000

This information note summarises the ground rules for all Scottish National Parks that are provided by the National Parks (Scotland) Act 2000. This Act specifies what a Park Authority can do and how it should be run, but it leaves open the possibility that some of these matters can be tailored to meet the local needs of each area. Along with the precise boundary of the area, the details of how the Park will function are set down in a designation order, which is the legal instrument used by the Scottish Parliament to establish each Park.

Aims of National Parks

Scottish National Parks are being established to deliver more integrated management of areas of outstanding natural and cultural heritage. They will have the following four aims:

to conserve and enhance the natural and cultural heritage;
to promote the sustainable use of the natural resources of the area;
to promote understanding and enjoyment (including enjoyment in the form of recreation) of the special qualities of the area by the public; and
to promote sustainable social and economic development of the communities of the area

A new body called the National Park Authority will be established for each National Park. This body will have responsibility for drawing up a National Park Plan and ensuring its implementation. The Park Authority will be funded by Government and will report directly to Scottish Ministers.

Purpose and Functions of the National Park Authority

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. In exercising ifs functions, it must seek to accomplish this purpose, but if in relation to any matter, it appears to the Authority that there is conflict between the first aim of National Parks (the conservation aim) and any of the others, the Authority must give greater weight to this aim.

Park Plan

Each Park Authority must produce a National Park Plan which sets out it policy for managing the Park area and co-ordinating its functions and the functions of other bodies in relation to the National Park. The Scottish Ministers, a Park Authority, a local authority and any other public body or office-holder must in exercising functions so far as affecting a national park have regard to the adopted National Park Plan.

The Act places a duty on the Park Authority to consult for a minimum 12 week period on the draft National Park Plan and to review the Park Plan at least very five years. Planning authorities are also now required to give special attention to the desirability of exercising their powers consistently with the adopted National Park Plan.

Powers

All Park Authorities will have a number of specific powers provided for in the Act in respect to conservation, recreational management and land management. A summary of what these powers enable a Park Authority to do is provided in Table 1.

What a National Park Authority can do

General

provide advice and assistance
undertake or fund research
give grants
enter into contracts, accept gifts, form or promote companies and partnerships
fix and recover charges for goods, services and facilities

Management

enter into management agreements and make bylaws and management rules
establish nature reserves
buy and manage land either by agreement or by compulsory purchase
general arrangements for access, provision to make access orders and access agreements, acquire land etc.
improve waterways for recreation
protect and maintain rights of way
request road traffic orders from the Scottish Ministers

Services

provide information, education services and facilities for the purpose of promoting the special qualities of the National Park by the public
provide or promote leisure facilities in the National Park, and to encourage people to visit the National Park
provide campsites and provide food etc in the National Park.
provide recreational, sporting, cultural and social facilities and activities in the National Park

The designation order which establishes each Park may also specify additional powers for individual National Parks. For example, depending upon the local issues and circumstances that have driven the need for the National Park, the National Park Authority may become the planning authority for its area with responsibility for development control and local plan preparation. Alternatively, these planning functions could remain with local authorities, with the National Park Authority becoming a consultee, with statutory powers of referral to Scottish Ministers on cases it takes a different view to than the local authorities.

Delegation of Functions
The legislation provides powers for local authorities, Scottish Ministers and public bodies such as SNH to delegate functions to Park Authorities.

Representation
At least 20% of the governing board of the Park Authority will directly elected by people who are on the electoral role for the area. Of the remainder, local authorities and Scottish Ministers will each select 50% each. All members of the Board will serve for up to five years before re-election or reappointment. The Act places an upper limit of the size of the Board of the Park Authority of 25, with a guarantee that at least 20% of the Board's membership will be people who live in the area, or who are its ward or community councillors. A Park Authority is also required to establish one or more advisory groups to involve key interests and organisations in the management of the area.

Designation Process
The Act sets out the steps required to establish a National Park. These steps are detailed in NPINFO sheet 5. Before a National Park is designated, Scottish Ministers must be satisfied that:

the area is of outstanding national importance because of its natural heritage or its combination of natural and cultural heritage;
the area has a distinctive character and coherent identity; and,
that designating the area a National Park would meet the special needs of the area and would be the best means of ensuring that the aims of the National Park are achieved in co-ordinated way.

Marine National Parks
The Act provides for the establishment of marine or coastal National Parks, and provides an order making power to allow for changes to a number of specified elements of the Bill to allow for the further tailoring of the designation order to meet the specific needs of such areas. The Act also provides for full consultation with relevant interests within any part of the National Park area consisting of the sea.

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