National Park in Galloway: proposal by Scottish Ministers

Proposal

11. The 2000 Act sets out the legislative framework for National Parks in Scotland. However, the Act leaves a number of issues – notably National Park boundaries, details of composition of the National Park authority, and functions including those in respect of Town and Country Planning – to be specified in the relevant designation order for each National Park.

12. The nomination that was submitted jointly by the Galloway National Park Association and the Galloway and Southern Ayrshire UNESCO Biosphere sets out the rationale for the establishment of a new National Park in Galloway and it provides evidence of how the six appraisal criteria have been met.

13. Consideration needs to be given during the reporter phase to how a new National Park in Galloway would contribute to Scottish Government’s key priorities – in particular growing the economy, tackling the climate emergency and improving public services. A new National Park in Galloway should take account of local circumstances and the views of local communities. It should deliver environmental benefits alongside economic growth and progressive land use, including renewable energy, agriculture and forestry. It should support the visitor economy and have a positive impact on people’s social, mental and physical health. And it should be cost-efficient and contribute to the public sector reform agenda, for example through streamlined governance and the use of shared services, expertise and premises with other public bodies.

14. Key matters that now need to be considered, discussed, developed and tested through extensive public consultation and stakeholder engagement include: the desirability of the area as a National Park; the proposed boundary; the proposed powers and functions, the proposed membership of a National Park authority in the area and how a new National Park in Galloway would provide value for money and contribute to the public sector reform agenda. The consultation should also gauge support for the proposal.

15. Area: the general area proposed for consideration under section 2 of the 2000 Act is set out in Annex B of this document. This area has been suggested by the nominating group that put forward the proposal for a National Park in Galloway. However, consideration of the optimal area for the National Park will be informed by further detailed assessment and public consultation during the reporter process, taking account of the conditions in section 2(2) of the 2000 Act. The Scottish Ministers will wish to ensure that the overall size and precise location and boundary of the designated area take into account local circumstances and are commensurate with the effective and efficient administration by a National Park Authority of its functions and duties. As a result, Scottish Ministers may decide to designate a smaller or larger area than what was proposed.

16. General Powers and functions: the general purpose, powers and functions of National Park authorities in Scotland are set out in section 9 and Schedules 2 and 3 of the 2000 Act. These include powers to fix and recover charges for services; provide advice and assistance; carry out research; give financial assistance; acquire and purchase land; create byelaws and management rules; enter into contracts; and develop agency arrangements and joint operations with other public bodies. National Park authorities can also exercise powers in relation to open spaces and recreation, nature reserves, information and education, tourism and leisure, recreational, sporting, cultural and social facilities, access to open country and improvement of waterways for recreation.

17. Town and Country Planning powers: in addition to the general powers and functions outlined above, section 10 of the 2000 Act provides for the exercise of powers under the Town and Country Planning (Scotland) Act 1997 to be decided for each National Park individually, in light of local circumstances, and specified in the relevant designation order.

18. The options for possible planning functions of a National Park Authority (as set out in the 2000 Act) include:

• the National Park authority being the planning authority for the National Park (for the purposes of the planning Acts);
• the National Park authority being the planning authority only in respect of development plan preparation (as set out in Part II (development plans) of the Town and Country Planning (Scotland) Act 1997 (c. 8));
• the National Park authority having planning functions that are set out in the Designation Order. This could include, for example, the possibility of the planning function remaining with local authorities in the area, with the National Park authority being given statutory powers as a consultee; and
• no planning functions being conferred on the National Park authority.

19. Views will be sought on these options through the forthcoming public consultation with local communities, stakeholders and interest groups on the National Park proposal.

20. Access: Under Part 1 of the Land Reform (Scotland) Act 2003, access powers and functions have been allocated to the two existing National Parks, including responsibilities in relation to publication of the Scottish Outdoor Access Code; upholding access rights and responsibilities, establishing local access fora and core path planning. Views on whether similar powers and functions are appropriate for this proposed National Park area will be sought as part of the forthcoming public consultation with local communities, stakeholders and interest groups on the National Park proposal. Section 24 of the Land Reform (Scotland) Act 2003 also provides that national parks can appoint persons to act as rangers in relation to the land in which access rights are exercisable.

21. National Park authority membership: each National Park has a National Park Authority (known as “the board”) that provides leadership and agrees the overall direction of the National Park. The board also oversees the work of the National Park authority staff. The requirements for the size and constitution of boards are set out in schedule 1 of the National Parks (Scotland) 2000 Act and the designation order for each National park. Boards are made up of:

• members that are elected locally (by postal ballot of the local electorate);
• members that are appointed by Scottish Ministers on the nomination of the local authorities in the park area; and
• members that are appointed directly by Scottish Ministers.

22. As set out in Schedule 1 of the 2000 Act, the boards should have a maximum of 25 members, of which at least 20% should be elected locally. Of the remainder, half should be nominated by the local authority/authorities whose area is within the National Park and half should be directly appointed by Scottish Ministers.

23. 20% of members must also be local members. Scottish Ministers may only appoint a person as a local member if the person’s sole or main residence is within the National Park or the person is a councillor for an electoral ward, or a member of a community council, any part of whose area is within the National Park.

24. Where there is more than one local authority, the number of members to be nominated by each is to be specified in the designation order for the National Park. Local authorities must not nominate a person for appointment as a nominated member unless the person appears to have knowledge or experience relevant to the National Park and/or the functions of the authority.

25. No person may be appointed as a directly appointed member unless the person appears to the Scottish Ministers to have knowledge or experience relevant to the functions of the National Park authority or the aims of the National Park.

26. Based on the parameters of the 2000 Act, proposals regarding the size, composition and expertise of the governing board for a National Park in Galloway will form part of the forthcoming public consultation with local communities, stakeholders and interest groups on the National Park proposal.

27. Specific consideration should be given to ensuring that a new National Park in Galloway is cost efficient and provides value for money. It should also contribute to the public sector reform agenda, for example through the use of shared services, expertise and premises with other public bodies.