National Park authorities as local authorities for access rights 15 8 Meaning of local authority for the purpose of access rights (1) Section 32 (interpretation of Part 1) of the Land Reform (Scotland) Act 2003 is modified in accordance with subsection (2). (2) In the definition of “local authority”— (a) the “and” immediately following paragraph (a) is repealed, 20 (b) after paragraph (a), insert— “(aa) where the land is within an area designated as a National Park under the National Parks (Scotland) Act 2000 after the coming into force of this section, and the designation order specifies that the National Park authority for the land is to be the local authority for the purpose of this 25 Part, that National Park authority, and”. (3) The National Parks (Scotland) Act 2000 is modified in accordance with subsections (4) and (5). (4) In section 7 (designation orders), in subsection (1)— (a) the “and” immediately following paragraph (c) is repealed, 30 (b) after paragraph (c), insert— “(ca) specify whether the National Park authority is a local authority for the purposes of Part 1 of the Land Reform (Scotland) Act 2003, and”. (5) In section 30 (modification and revocation of designation orders), in subsection (2)(a)(iii), after “section 7(1)(c)” insert “, (ca)”. 35 Enforcement of National Park byelaws 9 Power to make regulations for the issuing of fixed penalty notices (1) The National Parks (Scotland) Act 2000 is modified as follows. (2) After section 26, insert— 10 Natural Environment (Scotland) Bill Part 3—National parks “Enforcement of National Park byelaws 26A Fixed penalty notices for National Park byelaw offences (1) The Scottish Ministers may by regulations make provision for and in connection with the issuing of fixed penalty notices for offences against National Park 5 byelaws made under paragraph 8 of schedule 2 and specified under subsection (2)(a). (2) Regulations under this section must specify— (a) the byelaws in relation to which fixed penalty notices may be issued, and 10 (b) the persons who may issue fixed penalty notices. 1 (3) The persons who may be specified for the purposes of subsection (2)(b) are— (a) the persons, or categories of persons, that a National Park authority has authorised in writing for the purpose of issuing fixed penalty notices, and 15 (b) such other persons, or categories of persons, as the Scottish Ministers consider appropriate. (4) A fixed penalty notice provided for in regulations under this section must state— (a) the byelaw to which it relates, 20 (b) particulars of the circumstances alleged to constitute the offence, (c) the date on which the fixed penalty notice is issued, (d) the amount of the fixed penalty, (e) the person to whom payment may be made and the person's address, (f) the payment period, 25 (g) the method by which payment may be made, (h) the effect of paying the fixed penalty within the payment period and the consequences of not paying the fixed penalty within that period, (i) details of any procedure for challenging or appealing the fixed penalty notice. 30 (5) Regulations under this section may, in particular, include provision— (a) specifying the form and content of a fixed penalty notice, (b) specifying how a person or category of persons may be authorised to issue fixed penalty notices, (c) about the circumstances in which fixed penalty notices may or may not 35 be issued (including any test which must be satisfied before a person authorised to issue such notices may do so), (d) about the withdrawal of fixed penalty notices including when it is permissible, the effects of such withdrawal and the procedure by which the withdrawal is effected, 11 Natural Environment (Scotland) Bill Part 3—National parks (e) specifying the amount of the fixed penalty which is to apply to an offence (including different amounts for different purposes), being not more than level 2 on the standard scale, (f) specifying the person to whom payment may be made (who need not 5 be the person who issued the fixed penalty notice), (g) specifying the payment period, (h) about the circumstances in which a person to whom a fixed penalty notice is issued may decline the notice or otherwise object to or challenge it (including the period within which the person may do so and the 10 procedure for doing so), 1 (i) about the effects of failing to decline or otherwise object to or challenge a fixed penalty notice before the end of the period specified for doing so (including that such failure is deemed to be acceptance of the notice), (j) conferring on the person who issued the fixed penalty notice or the 15 person to whom payment may be made the power to extend the payment period in any particular case if the person considers it appropriate to do so, (k) about the methods by which fixed penalties may be paid, (l) for the amount of a fixed penalty to be discounted or increased by an 20 amount or percentage in circumstances specified by the regulations (but not so as to make the amount payable more than level 2 on the standard scale), (m) specifying the effect of paying a fixed penalty within the payment period (for example, that no proceedings may be brought in respect of the 25 offence to which the fixed penalty notice relates), (n) about the consequences of not paying a fixed penalty within the payment period (including the ability to refer offences for prosecution and how liability to pay the penalty may be enforced), (o) for additional procedure relating to fixed penalty notices (for example 30 to make provision for hearings or appeals), (p) for the destination of funds, the keeping of accounts and the preparation and publication of statements of account relating to fixed penalties provided for under the regulations, (q) specifying persons who may prepare and publish guidance on issuing 35 fixed penalty notices (including when prosecution is more appropriate), (r...