HL Deb 11 July 1995 vol 565 cc1591-3

210 Schedule 7, page 152, line 26, after 'from' insert "'of.

211 Page 155, line 7, at beginning insert '(a)'.

212 Page 155, line 9, at end insert 'or

(b) if the relevant Park is in Wales, any appointment—

  1. (i) which was made under that paragraph in relation to any such area, and
  2. (ii) which was adopted by a National Park planning board, as defined in section 61 of this Act, by virtue of an order under paragraph 3A of Schedule 17 to the 1972 Act or section 2(1B) of the Town and Country Planning Act 1990.'.

213 Page 155, line 14, at end insert:

'() Sub-paragraph (3) above shall not apply in relation to the adoption of an appointment under this paragraph in relation to a National Park in Wales in any case where—

  1. (a) the National Park authority in question is the National Park authority in relation to that National Park by virtue of an order under section 60 of this Act made by virtue of section 61(1) of this Act;
  2. (b) the appointment in question was made or adopted by the body corporate which has so become that National Park authority, but in its capacity as the National Park planning board, as defined in section 61 of this Act, for the area of the National Park in question; and
  3. (c) no additional responsibilities are, on the occasion of the adoption of the appointment, to be assigned to the person holding the appointment.'.

214 Schedule 10, page 165, line 47, leave out from beginning to end of line 6 on page 166 and insert:

`() For section 88 of that Act (application to areas of outstanding natural beauty of provisions relating to National Parks) there shall be substituted—

"Functions of certain bodies in relation to areas of

outstanding natural beauty.

88.—(1) The following provisions of this Act, that is to say—

  1. (a) paragraph (e) of subsection (4) of section six,
  2. (b) section nine,
  3. (c) subsection (1) of section sixty-two,
  4. (d) subsection (5) of section sixty-four, and
  5. (e) subsections (5) and (5A) of section sixty-five,
shall apply in relation to areas of outstanding natural beauty as they apply in relation to National Parks.

(2) In paragraph (e) of subsection (4) of section six of this Act as it applies by virtue of the last foregoing subsection, the expression "appropriate planning authority" means a local planning authority whose area consists of or includes the whole or any part of an area of outstanding natural beauty and includes a local authority, not being a local planning authority, by whom any powers of a local planning authority as respects an area of outstanding natural beauty are exercisable, whether under this Act or otherwise.

(3) The provisions of section 4A of this Act shall apply to the provisions mentioned in paragraphs (a) and (b) of subsection (1) of this section for the purposes of their application to areas of outstanding natural beauty as the provisions of the said section 4A apply for the purposes of Part II of this Act.

(4) A local planning authority whose area consists of or includes the whole or any part of an area of outstanding natural beauty shall have power, subject to the following provisions of this section, to take all such action as appears to them expedient for the accomplishment of the purpose of conserving and enhancing the natural beauty of the area of outstanding natural beauty or so much thereof as is included in their area.

(5) Nothing in this Act shall be construed as limiting the generality of the last foregoing subsection; but in so far as the provisions of this Act confer specific powers falling within that subsection those powers shall be exercised in accordance with those provisions and subject to any limitations expressed or implied therein.

(6) Without prejudice to the powers conferred by this Act, subsection (4) of this section shall have effect only for the purpose of removing any limitation imposed by law on the capacity of a local planning authority by virtue of its constitution, and shall not authorise any act or omission on the part of such an authority which apart from that subsection would be actionable at the suit of any person on any ground other than such a limitation.".'.

215 Page 167, line 20, leave out sub-paragraph (4).

216 Page 167, line 46, leave out 'in paragraph (b) of subsection (1)' and insert:

  1. '(a) at the beginning of subsection (1) there shall be inserted the words "Subject to section 65 of the Environment Act 1995 (planning authority functions under National Parks legislation to be functions of National Park authorities in certain cases),"; and
  2. (b) in paragraph (b) of that subsection,'.

217 Page 167, line 48, at end insert:

'() In subsection (3) of that section, for the words "sections 9 and 11" there shall he substituted the words "section 9".'.

218 Page 168, leave out lines 1 to 4.

219 Page 177, line 11, leave out '2' and insert '1, at the beginning of the subsection which that paragraph substitutes for subsection (1) of section 184 of the 1972 Act, there shall be inserted the words "Subject to section 65 of the Environment Act 1995 (planning authority functions under National Parks legislation to be functions of National Park authorities in certain cases),".

(2) In paragraph 2 of that Schedule,'.

220 After Schedule 10, insert the following Schedule:—