Summary of the statutory process for establishing a National Park

Step 1

• Scottish Ministers make a statutory ‘proposal’ to establish a National Park in an area and appoint a Reporter to provide advice on the ‘proposal’.

Publication - written proposals and requirements

Step 2

• The reporter publicises the proposals widely including to all local authorities and every community council whose area is entirely or partly within the proposed area, and to such persons as appear to the reporter to be representative of the interests of those who live, work or carry on business in the area to which the proposal relates.  
• The Reporter considers the principle of a National Park designation for an area and develops the detail of its area/boundary, powers and governance – a range of groups and organisations are engaged in developing this thinking.
• The Reporter undertakes a formal public consultation on these issues lasting for at least 12 weeks - individuals and organisations formally contribute their views as part of the consultation process.

Publication – consultation paper and leaflet

Step 3

• The reporter finalises its advice taking into account the views expressed during the consultation.
• The reporter advises Scottish Ministers, and its advice is published together with reports on the consultation which detail the range of views expressed during the consultation and how they have or have not been addressed in the advice. An  evaluation of the consultation process is undertaken and published. 

Publication – reporter Advice and consultation reports

Step 4

• Scottish Ministers consider the Reporter’s advice and consultation reports (and findings of PLI if Ministers deem this necessary) and prepare a draft designation order based on it.
• Scottish Ministers undertake a public consultation on the draft designation order lasting at least 12 weeks - individuals and organisations formally contribute their views as part of the consultation process.

Publication - draft designation order 

Step 5

• Scottish Ministers consider the consultation responses and revise the draft designation order.  They also prepare a report of the views expressed during the consultation and how they have or have not been addressed in the revision of the draft designation order.
• Scottish Ministers lay the designation order and consultation report before the Scottish Parliament for scrutiny and approval.

Publication - designation order and consultation report

Step 6

• Parliament considers the  designation order and consultation report.
• Individuals and organisations can give their views to constituency MSPs and provide evidence to Parliamentary Committee/s.

Step 7

• Parliament approves or rejects the designation order.
• A National Park is legally designated.

Step 8

• A National Park Authority is established. Places on the Board are filled by direct elections, appointments by the Scottish Ministers and nominations by local authorities.
• Individuals on the electoral role vote in direct elections to the National Park Authority board.

Notes

Individuals and organisations include: public agencies, local authorities, community councils, voluntary bodies and those individuals and organisations who are representative of those who work or carry out business in the area to which the proposal relates.

Rather than appoint a reporter at Step 1, Scottish Ministers may choose to undertake the consultation on the proposal themselves.

The legislation also sets out a similar approach to revising designation orders (for example to amend the boundary to increase the size of the Park area) or withdrawing them.