National Parks (Scotland) Act 2000 Explanatory Notes

Section 16:  Directions and guidance

52.Subsections (1) and (2)provide for the Scottish Ministers to issue directions to a National Park authority on the exercise of its functions, having first consulted the authority. The National Park authority must comply with such directions.

53.Subsections (3), (4) and (5) provide for the Scottish Ministers to issue guidance to one or more National Park authorities about how they exercise their functions, also after consulting the National Park authorities concerned. The authorities must have regard to any guidance in exercising its functions. Guidance tends to be more about how to go about various matters than about requiring a particular course to be followed (as under directions).

54.Subsections (6) to (9) require proposed guidance to be laid in draft before the Scottish Parliament for 40 days before it is issued, but if during that time the Parliament so decides, the guidance must not be issued. Any guidance which is issued must be published.

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