Archived decisions

HAMPSHIRE COUNTY COUNCIL

Decision Report


Decision Maker:			Executive Member - Policy and Resources
Date of Decision:			21 January 2010
Decision Title:			Nominations for Membership of the South Downs National Park Authority
Decision Reference:			1143
Report From:			Director of Environment
Contact name:		Linda Tartaglia-Kershaw
Tel:	01962 832342			Email:	[email protected]

1. Executive Summary

1.1. The purpose of this paper is to secure the nomination of one Member to the South Downs National Park Authority (SDNPA).

1.2. The paper sets out the role and functions of Members of the SDNPA and the National Park purposes to inform the Executive decision.

2. Contextual information

2.1. The Secretary of State for Environment, Food and Rural Affairs announced his final decision on the boundary for the South Downs National Park on 12 November 2009. The designation order has been signed, but will not come into force until 31March 2010, concurrent with the revocation order for the East Hampshire and Sussex Downs Areas of Outstanding Natural Beauty.

2.2. In September 2009 Hampshire County Council's Cabinet considered a report on the consultation by the Department for the Environment, Food and Rural Affairs (Defra) on the Membership of the new SDNPA. Following the decision by Cabinet, Defra was informed that in the interests of democratic accountability:

"the County Council supports the future South Downs National Park Authority Membership of 39 Members. This Membership to be made up of 21 Members from the constituent local authorities, with Hampshire, West Sussex and East Sussex County Councils, and East Hampshire, Winchester, Chichester and Lewes District/ City Councils each having two Members and the remaining authorities having one Member, except Adur and Worthing Councils which share a seat."

2.3. The Secretary of State has considered the response to the Defra consultation on the Membership of the SDNPA in December 2009 and on 10 December 2009 announced the Membership as follows:

Local Authority Members	14*
Secretary of State " National " Members	7
Parish Council Members	6
Total for National Park Authority	27

* This allows for one Member per Local Authority in the South Downs National Park area, with the exception of Worthing and Adur Councils who have agreed to share a seat.

2.4. The number of Members specified for appointment to the SDNPA to be nominate by Hampshire County Council is one. There is no appeal on the decision by the Secretary of State.

2.5. A Statutory Instrument (SI) will be laid before Parliament in January 2010. The SI establishing the NPA will specify the number of appointments to be made by each local authority and this cannot be altered without making a new SI (which would also require a fresh consultation).

2.6. The SI comes into force 21 days after laying. On successful completion of the Instrument through Parliament the appointments of the national and parish Members on the SDNPA will be confirmed in February 2010.

2.7. Each local authority will make its own selection, following its normal rules and practices for appointing to outside bodies, and will be asked to notify the SDNPA of its decision. Neither Defra nor Natural England has any role in this. It is required by the SI to notify the SDNPA in writing, "as soon as practicable", giving the name of the person/persons appointed and the date from which they are to serve. The SI will require appointments to be made by 1 April 2010, although failure to do so will not invalidate them. However, it would be helpful to the SDNPA Establishment Team to have names by the end of January 2010 so that they can begin to tailor the induction programme accordingly.

2.8. On 1 April 2010 the South Downs National Park will come into being and a shadow SDNPA will be established. The SDNPA will become fully operational as a corporate body on 1 April 2011.

3. Guidance for appointment of Members

3.1. Defra and Natural England have issued guidance to inform local authorities' decisions on the nomination of Members for the appointment to the SDNPA:

(i) Appointees must be a serving councillor of the local authority which appoints them (Environment Act 1995, Schedule 1 paragraph 2 (4)).

(ii) There is also encouragement to choose councillors with a real connection/interest to the Park: the Environment Act Schedule 1 paragraph 2 (4) says that Councils "...shall have regard to the desirability of appointing Members of the council who represent wards, or (in Wales) electoral divisions, situated wholly or partly within the relevant Park." Circular 12/96 asked that appointees "should also have relevant experience and close links to the Park."

(iii) A local authority would be required to follow the political balance rules if it was appointing three or more Members to the National Parks Authorities (NPA) but under current options no authority would reach that threshold (Local Government and Housing Act 1989, Section 15 and Schedule 1 paragraph 1 (c)).

3.2. A job description has been agreed between Defra and the English National Park Authorities' Association (Appendix C).

3.3. Defra and the English National Parks Authorities' Association are both agreed that Members should not see themselves as `delegates' but should act independently in the best interests of the National Park /Authority.

3.4. All NPAs are expected to have systems in place to improve Member performance but the detail of that varies between NPAs, except for `national' Members, who have a standard reporting form.

3.5. Defra normally quotes a guideline time commitment of two to three days per month but in practice experience shows that there are quite wide variations around that.

3.6. Members are unsalaried but receive an annual attendance allowance, as well as being reimbursed for travel and subsistence costs. Each NPA must draw up its own scheme of allowances annually under S 18 of the Local Government and Housing Act 1989 (the same system as applies elsewhere in local government). Typically, the basic allowances are in the range £1,000-£1,500 with additions for those exercising particular responsibilities such as Chair / Deputy Chair.

3.7. Behaviour is covered by a Code of Conduct (essentially the local government Code) supported by the Authority's Standards Committee.

4. Term of appointment

4.1. The appointment of local authority Members on the NPA is tied to their term of office as councillor. So, ordinarily, they are entitled to remain for the four years until the next Council election. A councillor who is re-elected to his/her Council can then be re-appointed to the NPA but this is not automatic; they have to go through a re-appointment process. Under the Natural Environment and Rural Communities Act 2006 (S 61 (3)) they may, however, stay on the NPA for up to three months after an election whilst their Council is deciding who it wishes to appoint.

4.2. The main reasons why their appointment might end more quickly are:

(i) the standard disciplinary reasons, for example failure to attend meetings for six months without prior written agreement;

(ii) resignation - they can resign at any time by giving the NPA notice in writing;

(iii) Secretary of State can remove Members if he makes a new Order changing the number/mix of Members (6 (1) Sch 7 Environment Act 1995); and

(iv) councils may remove their Member if that is necessary to meet the political balance rules (2(5)(b) Sch 7 Environment Act 1995).

5. Purposes of National Parks

5.1. National Parks exist to enable the delivery of National Park purposes, which are:

(i) to conserve the natural beauty, wildlife, and cultural heritage of its area;

(ii) to promote opportunities for the understanding and enjoyment of the special qualities of the park by the public; and

(iii) they have a duty to seek to foster the economic and social well-being of local communities in the park.

A complete list of NPA functions is set out in Appendix D.

5.2. The overall purpose of the Chair and Members of a National Park Authority is to ensure that the National Park Authority fulfils the National Park purposes to the full and does so in the way that best suits the special characteristics of the Park. They have a duty to achieve the efficient, effective and accountable governance of the Authority in the best interests of the National Park and to provide leadership, scrutiny and direction for the organisation as a whole in pursuing the aim of sustainable development - balancing and integrating the environment, social and economic considerations. The primary purpose of the role of each Member is to work with the Chair, Chief Executive and other Members to discharge the functions of the Authority, and to steer and champion the management of the Authority so that it delivers benefits to the nation and its local communities in accordance with National Park purposes.

6. Finance

6.1. There are no financial implications for the County Council in relation to this report. Members' costs will be reimbursed by the SDNPA.

7. Recommendation

7.1. That the Leader of Hampshire County Council nominates an appropriate Member from Hampshire County Council to be appointed as a Member of the South Downs National Park Authority

2261Rpt/1143/LT-K

CORPORATE OR LEGAL INFORMATION:

Links to the Corporate Strategy


Hampshire safer and more secure for all:	no
Corporate Business plan link number (if appropriate):
Maximising well-being:	yes
Corporate Business plan link number (if appropriate):
Enhancing our quality of place:	yes
Corporate Business plan link number (if appropriate):

Other Significant Links


Links to previous Member decisions:
Title	Reference	Date
Consultation on the Membership of the future South Downs National Park Authority	2128	28 September 2009

Direct links to specific legislation or Government Directives
Title		Date


Section 100 D - Local Government Act 1972 - background documents

The following documents discuss facts or matters on which this report, or an important part of it, is based and have been relied upon to a material extent in the preparation of this report. (NB: the list excludes published works and any documents which disclose exempt or confidential information as defined in the Act.)

Document	Location
None

IMPACT ASSESSMENTS:

1. Equalities Impact Assessment:

1.1. Assessment of the Race Relations (Amendment) Act has been considered in this report but no adverse impact has been identified in terms of race, creed or gender. Compliance with Defra guidance is required in the appointment of Members.

2. Impact on Crime and Disorder:

2.1. Competencies required for the appointment of Members is that they adhere to the Standards of Conduct, Accountability and Openness of the National Park Authority as set out in the guidance by Defra. Behaviour is covered by a Code of Conduct (essentially the local government Code) supported by the Authority's Standards Committee.

3. Climate Change:

a) How does what is being proposed impact on our carbon footprint / energy consumption?

There are no impacts arising from this report.

b) How does what is being proposed consider the need to adapt to climate change, and be resilient to its longer term impacts?

There are no impacts arising from this report.

Job Description for Members of National Park Authorities¹

National Park Purposes

Each National Park exists to conserve the natural beauty, wildlife, and cultural heritage of its area, to promote wide public understanding and enjoyment of them and, with others, to seek to foster the economic and social well being of communities in the Park.

Purpose of the Role

The overall purpose of the Chair and Members is to ensure that the National Park Authority fulfils the National Park purposes to the full and does so in the way that best suits the special characteristics of the Park. They have a duty to achieve the efficient, effective and accountable governance of the Authority in the best interests of the National Park and to provide leadership, scrutiny and direction for the organisation as a whole in pursuing the aim of sustainable development - balancing and integrating the environment, social and economic considerations. The primary purpose of the role of the Member is to work with the Chair, Chief Executive² and other Members to discharge the functions of the Authority and to steer and champion the management of the Authority so that it delivers benefits to the nation and its local communities in accordance with National Park purposes³.

Key Functions

· act with independent judgement;

· use your skills experience, local, regional and national knowledge for the benefit of the Authority;

· collectively participate in the development of policy direction, strategic thinking and innovation within the Authority, through the development of management policy, business plans and participation in the activities of the Authority's Working Groups⁴;

· independently scrutinise the workings and policies of the Authority;

· be committed to working in the best interests of the National Park;

· influence the Authority to help it come to informed and balanced decisions;

· seek clarification of policy and action proposals if appropriate;

· challenge proposals that exceed or go against the statutory purposes of the Authority;

· accept collective responsibility for the decisions of the Authority;

· approve and monitor programmes to implement the Authority's policies;

· contribute opinions and advice from local, regional and national perspective;

· work with Members, staff and stakeholders to apply the principles of sustainable development and the principles of National Parks⁵ to all decision-making;

· be an ambassador for the National Park;

· help to promote the profile and effectiveness of the Family of National Parks both through the work of your own Authority, co-operative action such as peer support and peer review and co-operation with the work of Defra, Natural England and the Association of National Park Authorities/English National Park Authorities Association.

In order to achieve this, Members will be expected to:

· attend and contribute to regular meetings of the Authority, its committees and working groups and raise issues of concern through the established procedures and mechanisms adopted by the Authority;

· read and understand, and seek clarification where necessary from Lead Officers, of briefing material provided for meetings so that they will be properly prepared for any debate on issues across the full range of the Authority's responsibilities ;

· champion and represent the Authority as an effective mechanism for promoting conservation of the Park's natural beauty, wildlife and cultural heritage, increasing public understanding and enjoyment of its special qualities and maintaining the social and economic well being of local communities; and in the case of the Broads Authority, protecting the interests of navigation;

· attend appropriate training courses, briefing sessions and events arranged or sponsored by the Authority and the Association of National Park Authorities; ⁶

· adhere to the Standards of Conduct, Accountability and Openness of the National Park Authority;

· embrace the Government's programme for Implementing Electronic Government.

There will be opportunities to:

· serve on committees and working groups dealing with particular issues affecting the National Park;

· champion or lead a specific area of the Authority's work;

· talk about the work of the Authority to local community groups;

· learn about the National Park and other protected landscape matters on field visits and fact finding tours;

· meet other people responsible for National Park matters.

Performance Measurement

The Government, with the English National Park Authorities Association, is working up ideas for measuring the effectiveness of Authorities and their individual Members. In the meantime, the following proxy measures provide a starting point for Members and others to gauge the contribution which they are making to the life of the Authority -

· Attendance at main Authority meetings:

The measure being the percentage of full Authority meetings and approved duties actually attended which that Member could have attended.

Target: at least 75% and 75% of each specific meeting.

Purpose: to monitor participation and commitment.

· Representation of the Authority at approved external meetings and events:

Purpose: to ensure an even distribution of workload, and to monitor this workload in line with `reasonable expectations' of time commitment.


Job Description	Meaning:	Skills set needed or to be developed
Job Description	Meaning:	Knowledge of:	Skills in:
Strategic and External Leadership	- Using understanding of the external environment and relationships within which the NPA operates to further achievement of NPMP outcomes; - being an external advocate/champion of the National Park -influencing policy direction and programmes - Being an advocate for how the NPA contributes to the achievement of NPMP outcomes	National Park Management Plan and outcomes National Park Authority performance and business plan Local Development Framework Partnership protocols and structures Cross cutting impact of National Park purposes and duty	Partnership working External advocacy including being a champion for the South Downs
Governance, Performance and Scrutiny	- Understanding the different roles of Members and staff and fulfilling the strategic governance role of the Member - interpreting and having access to performance data so can assess how well the Authority is doing - independently scrutinising the workings and policies of NPA	National Park Strategies/ Action Plans NPA Planning policies and processes Performance management framework including risk management Equality and Diversity policies Standing orders and financial regulations Medium term financial planning, budgets and capital strategy Asset Management Plan Workforce policies and plans Role of Internal and External Audit	Scrutiny and constructive challenge Using data and evidence to inform decisions Open and transparent decision making Sharing experiences from elsewhere and bringing an `outside' view

South Downs National Park Authority: draft Skills and Knowledge Framework


Job Description	Meaning:	Skills set needed or to be developed
Job Description	Meaning:	Knowledge of	Skills in:
Personal Contribution and Development	- Using existing skills, knowledge and abilities to help ensure the NPA fulfils its purposes - Developing skills, knowledge and abilities to help the NPA fulfils its purposes - Understanding how to contribute effectively	The Member role and how it relates to the officer role Members' code of conduct and protocols Meeting procedures Targets for participation in formal committees and training events Need to give time of approx 2/3 days per month and more depending on any special roles Procedure for handling complaints against Members	Leadership Chairing meetings Effective behaviour in committee and other meetings Constructive questioning & challenge Listening Building relationships Contributing to team working Basic computer literacy
Communications & Engagement	- Accessing and understanding the communications received from the NPA about the National Park purposes, NPMP outcomes and the NPA's priorities - Communicating well to different audiences and partners about the National Park purposes, NPMP outcomes and NPA priorities - Communicating to their appointing body about National Park purposes, NPMP outcomes and NPA priorities - Helping the NPA to engage with communities to understand and respond to their needs and aspirations	The duty of all relevant authorities, under Section 62 of the Environment Act 1995, to have regard to National Park Purposes in carrying out functions that may relate to or affect land in a National Park.	Public speaking Dealing with the media Listening and engaging with community groups Facilitating dialogue and conclusions that have wide ownership


Job Description	Meaning:	Skills set needed or to be developed
		Knowledge of:	Skills in:

Values

- The new Authority will want to identify values that underpin its work with communities, stakeholders, customers and staff. From initial discussions the following will be important for the South Downs:

· Inspirational and innovative

· Adding value and building capacity

· Unifying and giving leadership

· Enabling and empowering

· Responsive and flexible

The Authority's values

Demonstrating the NPA's values through the role of the Member

Statutory functions of National Park Authorities

Summary of functions

a. General Duties

b. Functions in relation to nature conservation

c. Functions in relation to access and recreation

d. Powers relating to common land

e. Functions in relation to the provision of facilities

f. Functions in relation to legal proceedings and procedural matters

g. Miscellaneous powers

a. General Duties :

Function	Legislation
1. To conserve and enhance the natural beauty, wildlife and cultural heritage.	s5(1) of the National Parks and Access to the Countryside Act 1949 as amended by s61 Environment Act 1995
2. To promote opportunities for the understanding and enjoyment of the special qualities of the park by the public.	s5(1) of the National Parks and Access to the Countryside Act 1949 as amended by s61 Environment Act 1995
3. Duty to seek to foster the economic and social well-being of local communities in the park.	s11A National Parks and Access to the Countryside Act 1949 inserted by s62 Environment Act 1995
3a. Duty to co-operate with local authorities and public bodies whose functions include the promotion of economic or social development within the park.	s11A National Parks and Access to the Countryside Act 1949 inserted by s62 Environment Act 1995
4. Duty to have regard to the needs of agriculture and forestry in the exercise of statutory functions.	s.37 Countryside Act 1968
5. Requirement for all local authorities, including NPAs, to have regard to the conservation of the countryside in the exercise of any statutory functions relating to land.	s.11 Countryside Act 1968
6. Duty to attach greater weight to the purpose of conserving and enhancing the natural beauty, wildlife and cultural heritage of the park.	s11A National Parks and Access to the Countryside Act 1949 inserted by s62 Environment Act 1995
7. Various powers in relation to planning functions within the park.	s.4A (2) Town and Country Planning Act 1990, s. 67-70 Environment Act 1995 and Schedule 9 Environment Act 1995.
8. Relating to the delivery of Mineral Planning functions.	s.4A (2) Town and Country Planning Act 1990
9. Functions relating to Waste Planning	s.4A (2) Town and Country Planning Act 1990

b. Functions in relation to nature conservation :

Function	Legislation
10. Notification of agricultural operations on moor or heath including power to consent to or refuse the proposal.	s.42 Wildlife and Countryside Act 1981
11. Duty to prepare maps of moor and heath.	s.43 of Wildlife and Countryside Act 1981 - as amended by s.3 of the Wildlife and Countryside (Amendment) Act 1985
12. Power to establish Nature Reserves.	s.21 National Parks and Access to the Countryside Act 1949 and Schedule 9 Paragraph 3 Environment Act 1995
13. Duty to prepare a National Park Management Plan (or to adopt an existing National Park Plan as its Management Plan) and to review National Park Management Plans periodically.	s.66 Environment Act 1995
14. Power to provide country parks.	s.7 Countryside Act 1968 and Schedule 9 Paragraph 5 Environment Act 1995 -
15. Duty to conserve biodiversity.	s.40(1) Natural Environment and Rural Communities Act 2006
16. Making and enforcing Tree Preservation Orders	s.4A (4) Town and Country Planning Acts 1990

c. Functions in relation to access and recreation :

Function	Legislation
17. Powers to acquire land compulsorily for open-air recreation (Also power of the Secretary of State).	s.76 National Parks and Access of the Countryside Act 1949 (s.14 and s.77 of the same Act for SoS powers) .
18. Power to make access agreements or orders for access to open countryside.	s.64-70 of National Parks and Access to the Countryside Act 1949.
19. Power to enforce access.	s.68 National Parks and Access to the Countryside Act 1949
20. Power to suspend access to avoid exceptional risk of fire.	s.69 National Parks and Access to the Countryside Act 1949
21. Duty of County Planning Authority to prepare and maintain a map showing rights of access.	s. 78 of the National Park and Access to the Countryside Act 1949.
22. Power to acquire compulsory rights of access over land.	Schedule 8 Environment Act 1995 and Local Government (Miscellaneous Provisions) Act 1976.
23. National Parks Authorities may erect and maintain notices indicating the boundaries of land in an access agreement or order	s.81 of the National Park and Access to the Countryside Act 1949
24. Powers and duties relating to the new rights of access for open recreation to mountain, moor, heath, down and registered common.	s. 1-26 Countryside and Rights of Way Act 2000
25. Power to maintain signposts along footpaths, bridleways and byways (Also duty applied to highways authorities - erecting signposts where they leave a metalled road)	s.27 Countryside Act 1968.
26. Powers relating to byways etc. in national parks.	s.72 Natural Environment and Rural Communities Act 2006; s.22BB Road Traffic Regulation Act 1984.
27. Power to create new footpaths and bridleways	Schedule 9 Paragraph 11 Environment Act 1995 and s. 25-29 Highways Act 1980.
28. Power to widen public paths.	Schedule 9 Paragraph 11 Environment Act 1995 and s. 72(2) Highways Act 1980.
29. Power to stop up and divert public paths including those partly within the park and partly outside the park.	Schedule 9 Paragraph 11 Environment Act 1995 - s.118-121 Highways Act 1980 (except 118B and 119B).
30. Duty to establish Local Access Forums.	s. 94 Countryside and Rights of Way Act 2000.
31. Countryside and Rights of Way Act makes extensive changes to previous Rights of Way legislation. These primarily affect the Highways Authorities - but some functions relevant to NPAs. Dependent on decision about delegation.	Countryside and Rights of Way Act 2000.
32. Powers to provide sites for caravans.	Schedule 9 Paragraph 4 Environment Act 1995 - s.24 Caravan and sites and Control of Development Act 1960 .
33. Power to provide accommodation, meals, refreshments, camping sites, parking spaces, sanitary conveniences, for dealing with refuse and litter.	s. 12 National Parks and Access to the Countryside Act 1949 .
34. Power to provide recreational facilities e.g. Sports Centres, Riding Schools, Camp Sites, Cycle Tracks etc	Schedule 9 Paragraph 8 Environment Act 1995 - s. 19 Local Government (Miscellaneous Provisions) Act 1976 .
35. Power to provide various camping and picnic sites on Common Lands and to acquire compulsorily any land required for these purposes.	Schedule 9 Paragraph 5 Environment Act 1995 - s.10 Countryside Act 1968 .
36. Power to improve access to facilities on common land.	Schedule 9 Paragraph 5 Environment Act 1995 - s. 9 Countryside Act 1968 .
37. Power to improve waterways for purposes of open-air recreation.	s. 13 National Parks and Access to the Countryside Act 1949.
38. Power to provide facilities and services for recreation in country parks with waterways.	Schedule 9 Paragraph 5 Environment Act 1995 - s.8 Countryside Act 1968.
39. Powers to make byelaws in relation to control of boats, country parks, common land and picnic sites.	s. 13, 41 Countryside Act 1968.
40. Power to make byelaws for the preservation of order, for the prevention of damage to the land or waterway or anything thereon or therein, and for securing that persons avoid undue interference with the enjoyment of the land or waterway by other persons.	s.90 National Parks and Access to the Countryside Act 1949; also s.41 Countryside Act 1968 [UK ST 1968 c.41 s.41].
41. National Park Authorities may contribute to the costs of work carried out by other persons on land subjects to access agreement or order.	s. 82 of the National Parks and Access to the Countryside Act 1949.
42. Power to make agreements with respect to any property, income, rights, liabilities, expenses or financial relations.	s. 76 Environment Act 1995

d. Functions relating to Common Land :


Function	Legislation
Note : The County Councils are the authority appointed to maintain the register of Common Land and Town and Village Greens under the Commons Registrations Act 1965. Administration of Common Land legislation is a shared between County Councils, District Councils and NPAs.
43. General power to acquire land in National Parks by agreement or compulsorily.	National Parks and Access to the Countryside Act 1949 and s. 120-123 Local Government Act 1972.
44. Powers to improve access to, and facilities upon, Common Land and power to compulsorily acquire land adjacent to Common Land for these purposes.	Schedule 9 Paragraph 5 Environment Act 199 - s.9 Countryside Act 1968.
45. Power to acquire or appropriate a common to which the public have a permanent legal right of access.	Schedule 9 Paragraph 5 Environment Act 1995 - s.9 Countryside Act 1968 .
46. Power to make bylaws in relation to Common Land.	Schedule 9 Paragraph 5 Environment Act 1995 - s. 41 Countryside Act 1968
47. Power to make schemes for regulation of Commons.	Schedule 9 Paragraph 1 Environment Act 1995 - s. 1,7,12 and 18 of the Commons Act 1899.
48. Power to make applications for removal of works.	Schedule 9 Paragraph 1 Environment Act 1995 - s. 194(2) Law of Property Act 1925.
49. Powers to prohibit caravans on commons.	Schedule 9 Paragraph 1 Environment Act 1995 - s. 23 and Schedule 2 of the Caravan Sites and Control of Development Act 1960.
50. Powers as to protection of unclaimed Common Land.	Schedule 9 Paragraph 1 Environment Act 1995 - s.45 Commons Act 2006

e. Functions in relation to the provision of facilities


Function	Legislation
51. General power to do anything which in the opinion of the Authority, is calculated to facilitate, or is conducive or incidental to the accomplishment of National Park purposes (or the carrying out any functions conferred on it by virtue of any other enactment).
52. Power to plant trees, to carry out works for the improvement of derelict or unsightly land.	s.89 National Parks and Access to the Countryside Act 1949.
53. Powers to improve access and facilities on Common Land.	Schedule 9 Paragraph 5 Environment Act 1995 - s. 6-10 Countryside Act 1968
54. Power to accept gifts of property and to spend money for the benefit of inhabitants of the area.	Schedule 8 Paragraph 3 Environment Act 1995 s.139 Local Government Act 1972.
55. Power to give financial assistance to persons doing work for the attainment of National Park purposes.	s.44 Wildlife and Countryside Act 1981.
56. Power to use spare capacity in computers.	Schedule 8 Paragraph 3 Environment Act 1995 s.38 Local Government (Miscellaneous Provisions) Act 1976.
57. Power to make arrangements for goods and services.	Schedule 8 Paragraph 5 Environment Act 1995 Local Authority (Goods and Service) Act 1970; Schedule 8 Paragraph 3 Environment Act 1995 s.135 Local Government Act 1972
58. Power to make schemes to regulate commons, to remove works, to prohibit caravans and to protect unclaimed common land.	Schedule 9 Paragraph 5 Environment Act 1995 - s. 1,8,12 and 19 Commons Act 1899 s.194 Law of Property Act 1925 s. 9 Commons Registration Act 1965 Schedule to the Caravan Sites and Control of Development Act 1960.
59. Various powers relating to open spaces and burial grounds.	Schedule 9 Paragraph 2 Environment Act 1995 Open Spaces Act 1906.
60. Power to provide information for visitors or to provide facilities for conferences or exhibitions.	Schedule 9 Paragraph 6 Environment Act 1995 s.142 and 144 of the Local Government Act 1972
61. Power to remove and dispose of abandoned vehicles and other refuse.	Schedule 9 Paragraph 9 Environment Act 1995 s. 3-5 Refuse Disposal (Amenity) Act 1978
62. Duty to take part in consultations regarding the abatement of litter.	Schedule 9 Paragraph 10 Environment Act 1995.
63. Powers to deal with Litter.	Schedule 9 Paragraph 12 Environment Act 1995 s.4 Litter Act 1983 and s.88 Environmental Protection Act 1990.
64. Relating to the delivery of functions relating to hazardous substances.	Schedule 9 Paragraph 14 Environment Act 1995
65. Powers for acquisition and appropriate disposal of land, to acquire land by agreement or to dispose of land held, by the National Park Authority.	Schedule 8 Environment Act 1995 s. 120-123 Local Government Act 1972; s. 123 Local Government Act 1972 s. 104 of the 1949 Act as applied to NPAs by s.68 (9) of the Environment Act 1995. General Disposal Covenant 1998.
66. Power to improve derelict land.	Schedule 9 Paragraph 7 Environment Act 1995 s.1 Derelict Land Act 1982
67. Power as a levying body to issue levies to the local councils.	s. 71 Environment Act 1995 and in accordance with s. 74 Local Governance Finance Act 1998.
68. Power to acquire or provide and furnish halls, offices and other buildings, whether within or without the area of the authority, for use for public meetings and assemblies.	Schedule 8 Paragraph 3 Environment Act 1995 - s.132 Local Government Act 1972

f. Functions in relation to legal proceedings and procedural matters

Function	Legislation
69. Power to make Standing Orders for the making of contracts.	Schedule 8 Paragraph 3 Environment Act 1995 s. 135 Local Government Act 1972.
70. Power to make arrangements with Local Authorities to defray expenditure incurred by one of them in the exercise of functions.	Schedule 8 Paragraph 3 Environment Act 1995 s. 136 Local Government Act 1972; also s.99 National Parks and Access to the Countryside Act 1949
71. Power to accept gifts of property and to spend money for the benefit of the inhabitants of the area.	Schedule 8 Paragraph 3 Environment Act 1995 s. 139 Local Government Act 1972.
72. Power to insure Members against personal accident.	Schedule 8 Paragraph 3 Environment Act 1995 s. 140 - 140c Local Government Act 1972
73. Power to pay subscriptions to associations of Local Authorities.	Schedule 8 Paragraph 3 Environment Act 1995 s. 143 Local Government Act 1972
74. Power for authorised Members or officers to prosecute, defend or appear in legal proceedings.	Schedule 8 Paragraph 3 Environment Act 1995 - s. 222-223 Local Government Act 1972.
75. Power to enforce covenants relating to land.	s. 33 Local Government (Miscellaneous) Provisions Act 1982.
76. Power to make management arrangements.	s. 39 Wildlife and Countryside Act 1981.
77. Power to promote local or personal Bills.	Schedule 8 Paragraph 7 Environment Act 1995 s. 239 Local Government Act 1972.
78. Restrictions on publicity.	Schedule 8 Paragraph 9 Environment Act 1995 Part II Local Government Act 1986.
79. Powers to provide charges	s. 152 Local Government and Housing Act 1989.
80. Various powers relating to Local Charities.	Schedule 9 Paragraph 15 Environment Act 1995 s. 76-78 Charities Act 1993
81. General duties to comply with employment law and related legislation and with the Human Rights Act.	Human Rights Act 1998.
82. Power to enter into agreements with landowners.	Schedule 9 Paragraph 5 Environment Act 1995 s.45 Countryside Act 1968
83. Duty to not permit the carrying out of an operation which damages any of the flora, fauna or geological or physiographical features for which a SSSI is designated (except in compliance with the laws).	s.55 Natural Environment and Rural Communities Act 2006
84. Power to enter into agreements with other Designated Bodies (as defined by s.80 Schedule 70 of the Natural Environment and Rural Communities Act 2006) authorising the performance of a function (except reserve functions).	s.79, 83 Natural Environment and Rural Communities Act 2006 ; s.81 Natural Environment and Rural Communities Act 2006.

g. Miscellaneous functions and powers

Function	Legislation
85. Power to appoint Wardens.	Schedule 9 Paragraph 5 Environment Act 1995 - s. 92 National Parks and Access to the Countryside Act 1949 and s.42 of the Countryside Act 1968.
86. Power to charge for various services and to amend provisions for such charges.	Schedule 9 Paragraph 5 Environment Act 1995 - s. 43 Countryside Act 1968 and Schedule 8 Paragraph 11 Environment Act 1995- s. 150-152 Local Government and Housing Acts 1989.
87. Powers to deal with lost property	Schedule 8 Paragraph 3 Environment Act 1995 - s. 41 Local Government (Miscellaneous Provisions) Act 1982.
88. Power to make arrangements for employment and training.	Schedule 8 Paragraph 3 Environment Act 1995 s. 45 Local Government (Miscellaneous Provisions) Act 1982.
89. Power to transfer securities on the alteration of area.	Schedule 8 Paragraph 3 Environment Act 1995 [- s. 146 Local Government Act 1972.
90. Provisions as to direct labour organisations.	Part III Local Government Planning and Land Act 1980.
91. Various powers in relation to ancient monuments including power to declare an area of archaeological importance.	Schedule 9 Paragraph 10 Environment Act 1995 - Part I and II Ancient Monuments and Archaeological Areas Act 1980.
92. Various powers related to Listed or Historic Buildings (e.g., acquisition, repair, management, etc.).	Schedule 9 Paragraph 13 Environment Act 1995 - s.47-55, 57-58, 88(5) & 90 Planning (Listed Buildings and Conservation Areas) Act 1990 s.6 Historic Buildings and Ancient Monuments Act 1953
93. Power to grant listed building consent.	Schedule 4 Paragraph 3 Planning (Listed Buildings and Conservation Areas) Act 1990.
94. Power to maintain an index of, review the work of, and co-operate with local charitable groups.	Schedule 9 Paragraph 15 Environment Act 1995
95. Power to provide advice and assistance to bodies engaged in work outside the UK.	Schedule 9 Paragraph 16 Environment Act 1995 - Local Government (Overseas Assistance) Act 1993.
96. Power to compensate or assist persons who have suffered misadministration by the authority.	s. 92 Local Government Act 2000.
97. Various powers relating to hazardous substances.	Schedule 9 Paragraph 14 Environment Act 1995 - s.12 &38(1-4) Planning (Hazardous Substances) Act 1990

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