Commentary on provisions of Act Combined and local authorities: governance, constitution and functions etc Section 22: English National Park authorities: general powers
Section 22 inserts new sections 65A to 65D into the Environment Act 1995, to provide English National Park authorities ("NPAs") with a clear function-specific power of competence. This will assist NPAs to fully engage in the negotiation and implementation of devolution deals.
	New section 65A sets out the general powers and new section 65B the boundaries of those powers, largely mirroring the approach taken in section 13 of the Localism Act 2011 (which inserts section 113A into the 2009 Act) in respect of combined authorities.
	Section 65A(1) sets out the general powers, and subsection (2) enables English NPAs to work in cross-border partnerships. Subsection (3) makes it clear that the new powers are in addition to, and not limited by, existing powers.
	New section 65B(1) provides that the new powers do not override any existing restriction, and subsection (2) that they are subject to any subsequent restriction unless expressly exempted. Under subsection (3), any restrictions on existing powers will apply to the exercise of the new powers so far as they overlap. Subsection (4) continues the bar on NPAs borrowing money under general powers, which at present is contained in section 65(6)(b) of the Environment Act 1995, and subsection (5) makes it clear that the general powers do not authorise an NPA to charge for anything other than commercial services. Although existing specific powers will continue to allow charges for the provision of certain statutory services, subsection (6) makes it clear that the new general power cannot be used to charge for statutory services. In keeping with the parallel provisions in the Localism Act 2011, subsection (7) restricts NPAs to conducting commercial activities through a company or a registered society.
	New section 65C(1) provides a power for the Secretary of State to make regulations limiting what an NPA may do under the general power, again mirroring the approach taken in the Localism Act 2011, as does subsection (2) in providing for regulations to attach conditions to the use of the powers. Before making such regulations, subsection (3) requires the Secretary of State to consult those she considers appropriate, including representatives of NPAs, and subsection (4) limits that requirement to where new provision is made.
	New section 65D sets out the procedure for making regulations under new section 65C, subsection (2) providing that the affirmative procedure will normally apply. Subsection (3) sets out where the negative procedure will apply: where revoking certain regulations under section 65C; where regulations impose conditions on the doing of things for a commercial purpose; or where making incidental, supplementary or transitional etc. provision that does not entail amending an Act. Subsection (4) provides that in such instances the negative procedure would apply. Subsection (5) provides that no draft regulations under new section 65C would be caught under hybrid instrument standing orders of either House of Parliament.