The New Forest National Park Authority (Establishment) Order 2005

Article 16

SCHEDULE 3E+WAPPLICATION OF ENACTMENTS AND INSTRUMENTS

PART 1E+WADMINISTRATION

Members' allowancesE+W

1.—(1) Section 175(3B) of the 1972 Act(1) (allowances for attending conferences and meetings) shall apply as if the Authority were a combined body all the members of which are representatives of local authorities.

(2) Section 177(1)(b) of the 1972 Act(2) (supplementary provisions) shall apply as if the Authority were a body specified in section 21(1) of the 1989 Act, as referred to in section 177(1)(a) of the 1972 Act.

Financial administrationE+W

2.  Part VIII (financial administration) of the Local Government Finance Act 1988(3) (“the 1988 Act”) shall apply as if —

(a)the Authority were a relevant authority for the purposes of that Part; and

(b)references to “commencement day” were references to 1st April 2005.

Standing orders.E+W

3.—(1) The Local Authorities (Standing Orders) Regulations 1993(4) shall apply as if—

(a)in regulations 1 to 3 and Schedule 1, the Authority were a relevant authority within the meaning of regulation 1;

(b)in regulation 4 and Schedule 2, the Authority were a council mentioned in paragraph (1) of that regulation; and

(c)in paragraph 2 of Schedule 2, the reference to a meeting called under paragraph 3 of Schedule 12 to the 1972 Act were a reference to an extraordinary meeting of the Authority.

(2) Regulations 6 and 7 of the Local Authorities (Standing Orders) (England) Regulations 2001(5) shall apply as if the Authority were a local authority as mentioned in regulations 6 and 7 of those Regulations.

PART 2E+WMISCELLANEOUS FUNCTIONS

New Forest Act 1949E+W

4.—(1) Section 1(c) of the New Forest Act 1949(6) (constitution of verderers) shall apply as if for “one by the authority which is the local planning authority for the purposes of the Town and Country Planning Act, 1947”(7) there were substituted “one by the New Forest National Park Authority as established by article 3 of the New Forest National Park Authority (Establishment) Order 2005”.

(2) Section 16 of the New Forest Act 1949 (trunk roads) shall apply as if—

(a)in subsection (5) for “local planning authority” in paragraphs (a) and (b) there were substituted “New Forest National Park Authority”; and

(b)in subsection (6) for “local planning authority” there were substituted “New Forest National Park Authority”.

WaterE+W

5.—(1) Schedule 11 to the Water Industry Act 1991(8) shall apply as if the Authority were a local authority for the purposes of paragraph 1(3)(b) of that Schedule (persons to be notified of a compulsory works order application).

(2) The Water Resources Act 1991(9) shall apply as if—

(a)the Authority were a local authority for the purposes of section 72(2)(a) of that Act (interpretation of Chapter II); and

(b)the Authority were a local authority for the purposes of section 158(1) (works agreements), section 197(5) (information), and paragraph 2(3)(a) of Schedule 5 (procedure) to that Act.

Transport and Works Act 1992E+W

6.  The Transport and Works Act 1992(10) shall apply as if the Authority were a local authority for the purposes of section 11(4) of that Act (inquiries and hearings).

CommonsE+W

7.  The Commons (Schemes) Regulations 1982(11), to the extent that they relate to land within the New Forest National Park, shall apply —

(a)as if the Authority were a council for the purposes of those Regulations; and

(b)as if in forms 1 and 2 in the Schedule to those Regulations references to the Authority were substituted for references to the Council.

Areas of archaeological importanceE+W

8.  The Operations in Areas of Archaeological Importance (Forms of Notices etc.) Regulations 1984(12) shall apply in relation to any area of archaeological importance wholly or partly within the New Forest National Park as if for each reference to a district council there were substituted a reference to the Authority.

Disposal of abandoned vehiclesE+W

9.  The Removal and Disposal of Vehicles Regulations 1986(13) shall apply as if the Authority were a council of a county for the purposes of [F1paragraph (aa) of regulation 12(1)(e)] and as if the New Forest National Park were that council’s area.

Listed building purchase noticesE+W

10.  The Planning (Listed Buildings and Conservation Areas) Regulations 1990(14) shall apply as if —

(a)the reference in regulation 9(1) (claims for compensation and listed building purchase notices) to the council of a district included a reference to the Authority; and

(b)the purchase notice referred to in paragraph (2) of the form set out in Part II of Schedule 1 (refusal of consent etc.) were, in the case where the land is situated in the New Forest National Park, to be served on the Authority.

Conservation (natural habitats)E+W

F211.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Town and country planningE+W

12.  The Town and Country Planning General Regulations 1992(15) shall apply as if the reference to the council of a district in regulation 12(1) (claims for compensation and purchase notices) included a reference to the Authority.

13.  The Town and Country Planning (General Development Procedure) Order 1995(16) shall apply as if the reference to the district council in the final paragraph of the notification set out in Part 2 of Schedule 1 to that Order were, where the land is situated in the New Forest National Park, a reference to the Authority.