Cairngorms National Park Designation, Transitional and Consequential Provisions (Scotland) Order 2003
2003No. 1
COUNTRYSIDE
6thJanuary2003
The Scottish Ministers, in exercise of the powers conferred by sections 6(1), 7(1), (2) and (4), 9(2)(d), 10(1), 33 and 34(2), (3) and (4) and paragraphs 3, 4, and 16(3) of Schedule 1 to the National Parks (Scotland) Act 2000( 1), and of all other powers enabling them in that behalf, having had regard to the report prepared by Scottish Natural Heritage under section 3 of that Act as required by section 6(2) of that Act, and having complied with section 6(3), (5) and (6) of that Act, hereby make the following Order, a draft of which has been laid before and approved by resolution of the Scottish Parliament:
Citation and commencement
1. This Order may be cited as the Cairngorms National Park Designation, Transitional and Consequential Provisions (Scotland) Order 2003 and shall come into force on the day after the day on which it is made.
Interpretation
2. In this Order-
"the 1973 Act" means the Local Government (Scotland) Act 1973( 2);
"the 1989 Act" means the Local Government and Housing Act 1989( 3);
"the 1993 Act" means the Crofters (Scotland) Act 1993( 4);
"the 1997 Act" means the Town and Country Planning (Scotland) Act 1997( 5);
"the 2000 Act" means the National Parks (Scotland) Act 2000;
"the establishment date" means 25th March 2003;
"local authority" means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994( 6), any part of whose area is within the National Park;
"local member" has the same meaning as in Schedule 1 to the 2000 Act;
"National Park" means the National Park designated by article 3 of this Order;
"the Authority" means the National Park authority established by article 4 of this Order;
"the operational date" means 1st September 2003.
Designation of National Park
3. The area shown delineated in black on the deposited map, marked "Cairngorms National Park Boundary" and subdivided into Boundary Maps 1 to 15, is hereby designated as a National Park, to be known as the Cairngorms National Park.
Establishment of the Authority
4. On the establishment date there shall be established the authority for the National Park to be known as the Cairngorms National Park Authority.
Constitution of the Authority
5. - (1) There shall be 25 members of the Authority.
(2) Five members of the Authority are to be elected in a poll in accordance with paragraph 3(2) of Schedule 1 to the 2000 Act.
(3) Five members of the Authority are to be appointed as local members.
(4) The nominated members of the Authority shall be nominated as follows:-
(a) five members (including two local members) are to be nominated by Highland Council;(b) three members (including one local member) are to be nominated by Aberdeenshire Council;(c) one member is to be nominated by Moray Council; and(d) one member is to be nominated by Angus Council.First Election to the Authority
6. The date on which the poll at the first election to the Authority is to be held shall be 13th March 2003.
Planning functions
7. - (1) The functions exercisable by a planning authority under-
(a) Part II (but only in respect of functions in relation to local plans) of the 1997 Act shall, in relation to the area of the National Park, transfer to and be exercisable by the Authority and not by any local authority; and(b) Parts VI (except sections 150 to 155) and VII of the 1997 Act shall, in relation to the area of the National Park, be exercisable by the Authority as well as by the planning authority.(2) So far as may be necessary or expedient for the purpose or in consequence of the exercise of a function by the Authority by virtue of paragraph (1) above, any enactment and any other instrument or document shall be read as if references to a planning authority (however described) were or included references to the Authority.
(3) The functions conferred by-
(a) subsections (1) to (4) of section 46 of the Town and Country Planning (Scotland) Act 1997( 7);(b) subsections (1) to (3) of section 11 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997( 8); and(c) subsections (1) to (3) of section 18 of the Planning (Hazardous Substances) (Scotland) Act 1997( 9),shall (subject to paragraphs (4), (5) and (6) below) be exercisable by the Authority but only where the Authority so directs in relation to a particular application for a proposed development in the National Park which, in the opinion of the Authority, raises a planning issue of general significance to the National Park aims under section 1 of the 2000 Act.
(4) The Authority may only issue a direction in exercise of its functions under paragraph (3) above within the period of three weeks beginning with the date on which it receives notification of the proposed development from the planning authority.
(5) The Authority shall, not later than five days from the date on which it is issued, notify the applicant of any direction issued in exercise of its functions under paragraph (3) above.
(6) The Authority may not exercise its functions under paragraph (3) above where the application has been, or should be, referred to the Scottish Ministers under the following provisions:-
(a) section 46 of the 1997 Act;(b) section 11 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997; or(c) section 18 of the Planning (Hazardous Substances) (Scotland) Act 1997.(7) The following provisions shall apply to applications referred to the Authority by virtue of paragraph (3) above as they apply to applications made to planning authorities:-
(a) section 46 of the 1997 Act;(b) section 11 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997; and(c) section 18 of the Planning (Hazardous Substances) (Scotland) Act 1997.(8) In relation to any application referred to the Authority under paragraph (3) above, the functions which the planning authority would have had in relation to that application but for that referral, shall be exercisable by the Authority (except insofar as such functions have already been exercised by the planning authority) and for the purposes of this provision any enactment and any other instrument or document shall be read as if references to a planning authority (however described) were or included references to the Authority.
(9) Without prejudice to paragraph (2) above, the Town and Country Planning (General Development Procedure) (Scotland) Order 1992( 10) shall be amended in accordance with the following three paragraphs.
(10) After paragraph (9) of article 12 there shall be inserted-
" (10) The planning authority shall, within the period of five days beginning with the date on which it receives the application, notify the Cairngorms National Park Authority of any application made under any of articles 3 to 6 of this Order in respect of development situated in the area of that Authority.".
(11) After paragraph (3)(a) of article 14 there shall be inserted-
" (aa) in a case where the Cairngorms National Park Authority has issued a direction in exercise of its powers under article 7(3) of the Cairngorms National Park Designation, Transitional and Consequential Provisions (Scotland) Order 2003, the date on which that direction was issued; or".
(12) After paragraph (1)(a) of article 15 there shall be inserted-
" (aa) the Cairngorms National Park Authority, where it appears to the planning authority that the development is likely to affect land in the area of that Authority;".
(13) The Town and...
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