59.Section 8 of the Act makes changes to section 14 of the 2000 Act. Section 14 imposes a duty on Scottish Ministers, National Park authorities, local authorities and any other public body or office-holder to have regard to a National Park plan when exercising functions so far as affecting a National Park.
60.A National Park Plan is a document prepared under section 11 of the 2000 Act by a National Park authority in collaboration with public bodies and other partners operating with the National Park area. They are the management plans for National Parks, setting out the authority’s policy for managing the National Park in question, as well as co-ordinating its functions and those of other public bodies and office-holders in connection with the National Park, with a view to accomplishing the general purpose of National Parks. While the National Park authority is responsible for producing the National Park Plan (based on consultation with partners and communities), they are not always able to implement all parts of the plan directly and must use their convening powers and capacity to bring together partners to ensure that all those with responsibility for an action within the National Park Plan are able to implement the actions.
61.Section 8(3) changes the duty’s obligation from having regard to the National Park Plan to facilitating the implementation of the National Park Plan. The duty to “have regard to” the National Park Plan did not require any action or assistance from the listed bodies in implementing the National Park Plan, which has slowed or prevented implementation. The new duty to “facilitate the implementation of” the National Park Plan requires public bodies to cooperate with and support the execution of the Plan, whether by taking active steps or removing barriers to implementation. How each body will facilitate the implementation of the National Park Plan will be specific to the body and the circumstances but involves the way in which the body uses its capacity, resources and strategic approach to help implement the National Park Plan and may at times include financial contributions. For example, the Cairngorms National Park Plan includes an action to restore 6,500 hectares of peatland by 2027 which has a number of public bodies involved (the National Park authority, Skills Development Scotland, Highlands and Islands Enterprise and SNH). Each public body will determine how best to organise their own resources and strategic approach to help execute this action.
62.However, the duty to facilitate the implementation of a National Park Plan is not an absolute duty placed on a body. Section 8(4) creates a new section 14(2) of the 2000 Act. This new provision applies the duty only insofar as it is consistent with the proper exercise of the body’s other functions (and within devolved competence). New section 14(3), also inserted by section 8(4) of the Act, makes it clear that the duty only applies to Scottish public authorities and cross-border public authorities so far as their functions exercisable in or as regards Scotland do not relate to reserved matters.
The Act Duties in respect of National Parks Section 8 – Duty to facilitate implementation of National Park Plans