(1) A local planning authority whose area consists of or includes the whole or any part of a National Park may appoint such number of persons as may appear to the authority to be necessary or expedient to act as wardens as respects any land within the National Park to which section 193 of the Law of Property Act 1925 (common land) for the time being applies, . . ..
(2) Before a local planning authority first exercise their powers under subsection (1) above as respects any land, they shall, if practicable, consult the person entitled to the soil of the land.
(3) The foregoing subsections shall be construed as one with section 92 of the Act of 1949 and shall be subject to subsection (4) of that section (saving for interests of landowners).
(4) The purposes for which wardens may be appointed by an authority under the said section 92 (as amended by this Act) as respects any land or waters are—
(a) to secure compliance with any byelaws, with section 87 of the Environmental Protection Act 1990 and with any requirements imposed by or under section 193 of the Law of Property Act 1925,
(b) to advise and assist the public, and
(c) to perform such other duties (if any) in relation to the land or waters as the authority may determine.
This subsection shall have effect in substitution for subsection (2) of the said section 92.
43 General provisions as to local authority powers conferred by Act.
(1) A local authority shall make available any facilities and services provided by them under this Act for those who do not normally reside in the area of the local authority as freely as for those who do.
(2) A local authority shall have power to make reasonable charges for any facilities or services provided by them under this Act and may arrange for any facilities or services which they have power to provide under this Act to be provided by some other person, and, where they make arrangements for any such facilities or services to be provided by some other person, may authorise that person to make reasonable charges.
(3) The services and facilities for which charges may be made under subsection (2) above include the use of any camping site, picnic site or parking place, of any waterway comprised in a country park, and of any part of a country park set aside for any particular form of recreation.
(4) Any power of a local authority under this Act to provide buildings or other premises for any purpose shall include power to equip them with such furniture and apparatus as may be reasonably necessary to enable them to be used for that purpose.
(5) Any power of a local authority under this Act to provide buildings or other premises, or any services or facilities, or anything else, shall include power to enter into agreements with any other authority or person for the use, on such terms as may be agreed, of anything, or any facilities or services, provided by, or under the control of, that other authority or person and, if it appears convenient, for the services of any staff employed in connection therewith.
44 Power to amend local Acts concerning local authorities.
(1) The Minister may, subject to the provisions of this section, by order repeal or amend any provision in any local Act passed before this Act and relating to any local authority where it appears to him that that provision is inconsistent with, or has become unnecessary in consequence of, any provision of this Act.
(2) Before making an order under this section the Minister shall consult with each local authority affected by the proposed order.
(3) An order made under this section—
(a) shall not repeal or amend any enactment so far as it relates to the water undertaking of a local authority.
(b) may contain such transitional, supplemental or incidental provisions as appear to the Minister to be expedient, and
(c) shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
(1) This section has effect as respects any power conferred by this Act on ...... any local authority to enter into agreements with landowners and other persons having interests in land.
(2) Schedule 2 to the Forestry Act 1967 (powers of tenants for life and other limited owners to enter into forestry dedication covenants) shall apply to any such agreement as it applies to such a covenant.
(3) Where a landowner, or other person having an interest in the land, by the agreement grants or agrees to grant any right as respects the land, the grant or agreement shall be binding upon any person deriving title or otherwise claiming under the grantor to the same extent as it is binding upon the grantor notwithstanding that it would not have been binding upon that person apart from the provisions of this subsection.
(4) Any such agreement may be made either irrevocably or subject to such provisions for revocation or variation as may be specified in the agreement.
(5) For the purposes of any enactment or rule of law as to the circumstances in which the dedication of a highway or the grant of an easement may be presumed, or may be established by prescription, the use by the public or by any person of a way across land at any time while it is the subject of any such agreement shall be disregarded.
46 Application of general provisions of Act of 1949.
(1) In the following provisions of the Act of 1949 references to that Act shall include references to this Act—
section 99(1) (power of local authority to contribute to expenses of another local authority),
section 103 (acquisition of land),
section 104 (appropriation and disposal of land by local authorities) but subject to Schedule 2 to this Act,
section 108 (entry to survey land in connection with its acquisition),
section 109 (local inquiries and service of documents),
section 111 (Isles of Scilly).
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ., and this amendment shall have effect both for the purposes of the Act of 1949 and of this Act.
(4) Section 112 of the Act of 1949 (Epping Forest and Burnham Beeches) shall have effect as if the provisions of this Act about ...country parks, common land and camping and picnic sites were mentioned in the said section 112(2).
(5) Section 113 of the Act of 1949 (National Trust Land) shall have effect as if the provisions of this Act about experimental projects or schemes, country parks, common land and camping and picnic sites were contained in Part VI of the Act of 1949.
(1) The following provisions of this section shall have effect for applying certain provisions of this Act to Crown land, that is to say land an interest in which belongs to Her Majesty in right of the Crown or the Duchy of Lancaster, or to the Duchy of Cornwall, and land an interest in which belongs to a Government department or is held in trust for Her Majesty for the purposes of a Government department.
(2) Any power under this Act to acquire land compulsorily may be exercised to acquire an interest in Crown land, other than one held by or on behalf of the Crown, but only with the consent of the appropriate authority.
(3) Subject to subsection (4) below, the appropriate authority may enter into an agreement under ... section 7(3)(b) of this Act as respects an interest in Crown land held by or on behalf of the Crown, and any such agreement as respects any other interest in Crown land shall not have effect unless approved by the appropriate authority.
(4) Notwithstanding anything in subsection (3) above—
(a) an agreement authorised by the said subsection (3) and made by any Government department shall be of no effect unless it is approved by the Treasury, and
(b) in considering whether to make or approve an agreement so authorised and relating to land belonging to a Government department or held in trust for Her Majesty for the purposes of a Government department, the department and the Treasury shall have regard to the purposes for which the land is held by or for the department.
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) If any land subject to an agreement to which section 45 of this Act applies becomes Crown land, subsection (3) of that section shall cease to apply to that agreement unless the appropriate authority consent to its continued application to the agreement.
(7) Byelaws made under this Act shall apply to Crown land if the appropriate authority consent to their application thereto.
(8) Section 101(11) of the Act of 1949 shall apply for the construction of references in this section to “the appropriate authority”.
(9) Agreements made by the Crown Estate Commissioners shall not require the approval of the Treasury under section 101(10)(a) of the Act of 1949 and accordingly in that paragraph, as originally enacted, the words “by the Commissioners of Crown Lands or” shall cease to have effect.
(1) Sections 6 to 9 of this Act shall have effect as if the Broads Authority were a local authority.
(2) Sections 10, . . . and 20 of this Act shall have effect as if the Broads Authority were a local planning authority.
(3) Section 16 of this Act shall have effect as if the Broads Authority were a local planning authority and the Broads were a National Park.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) Sections 43 to 45 shall have effect as if the Broads Authority were a local authority.
(6) In this section “the Broads” has the same meaning as in the Norfolk and Suffolk Broads Act 1988.
(1) There shall be defrayed out of money provided by Parliament—
(a) any sums required for the payment of grants under this Act, or any other expenses of a Minister under this Act, and
(b) any increase attributable to the provisions of this Act in the sums payable out of such money under any other Act.
(2) There shall be paid into the Exchequer any sums required to be so paid in consequence of any of the provisions of this Act.
(1) Section 114 of the Act of 1949 shall apply for the construction of this Act.
(2) In this Act, unless the context otherwise requires—
“the Act of 1949” means the National Parks and Access to the Countryside Act 1949;
“boat” includes any hover vehicle or craft being a vehicle or craft designed to be supported on a cushion of air and which is used on or over water;
“bridleway” and “footpath” have the meanings given by section 329(1) of the Highways Act 1980;
...
...
“land” includes any interest in or right over land;
“the Minister”, as respects Wales and Monmouthshire, means the Secretary of State, and otherwise means the Secretary of State;
“the NRBW” means the Natural Resources Body for Wales;
“public body” includes any local authority or statutory undertaker, and any trustees, commissioners, board or other persons, who, as a public body and not for their own profit, act under any enactment for the improvement of any place or the production or supply of any commodity or service;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) In this Act “parish” means a rural parish . . .
(4) References in this Act to the conservation of the natural beauty of an area shall be construed as including references to the conservation of its flora, fauna and geological and physiographical features.
(1) This Act may be cited as the Countryside Act 1968.
(2) The enactments mentioned in Schedule 5 to this Act shall be repealed to the extent specified in the third column of that Schedule.
(3) This Act shall come into force at the expiration of a period of one month beginning with the date on which it is passed.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) This Act, except subsections (1), (3) . . . of this section, sections 15, 24, 25, 26, 32, 37, 46(3) and so much of sections 46(1), 48, and 49 as relates to the first-mentioned sections, shall not extend to Scotland, . . . this Act shall not extend to Northern Ireland.
SCHEDULE 1 Proposals Submitted to Statutory Undertakers and other Authorities
Sections 7, 12 and 16.
1 This Schedule has effect where any authority are consulted in accordance with section 8, section 12(4) or section 16(7) of this Act.
2 (1) If the authority withhold their consent to the proposals about which they are consulted, the proposals shall not be proceeded with unless, on an application in that behalf specifying the proposals and the grounds for withholding consent, the Minister so directs, and subject to any conditions or modifications specified in the direction.
(2) Before giving a direction under this paragraph the Minister shall afford to the objecting authority, and the authority by whom the proposals are made, an opportunity of being heard by a person appointed by him for the purpose, and shall consider that person’s report.
(3) This Schedule shall apply with the necessary modifications where the Minister in accordance with section 16(8) of this Act consults any authority as respects an access order to be made by him.
Section 9.
1 (1) For the purpose of enabling a local authority to exercise their powers under the principal section on land taken out of the common land the Minister may in accordance with this Schedule authorise a local authority to acquire any part of the common land, including all commonable and other rights in or over the land, and, where the local authority already hold the land, to appropriate that land for the purposes of the principal section.
(2) Where the local authority already hold the land, but subject to any commonable or other rights in or over the land, they shall not appropriate the land until they have, under sub-paragraph (1) above, acquired all those rights.
(3) Land acquired or appropriated as authorised under this paragraph shall be held by the local authority free from the public right of access, but shall be used for the benefit of the public resorting to the common land.
(4) The Minister shall not give his authority under this paragraph unless he is satisfied—
(a) that there has been or will be given in exchange for the land other land, not being less in area and being equally advantageous to the persons, if any, entitled to commonable and other rights, and to the public, and that the land given in exchange has been or will be vested in the persons in whom the land taken was vested, and subject to the like rights, trusts and incidents as attached to the land taken, or
(b) that the giving in exchange of such other land is unnecessary, whether in the interests of the persons, if any, entitled to commonable or other rights or in the interests of the public.
Preliminary notices
2 (1) Before the local authority apply to the Minister for authority under paragraph 1 above as respects any part of the common land, they shall in two successive weeks publish in one or more newspapers circulating in the locality of the land a notice—
(a) stating that the local authority propose to make the application;
(b) giving particulars of the land which it is proposed to take out of the common land;
(c) stating whether land has been or is to be given in exchange, and, if so, giving particulars of that land, and stating the respective areas of the land to be taken and of the land given or to be given in exchange.
(2) If all or any part of the land to be taken is in a parish, the local authority shall, not later than the time of first publication of the notice, serve a copy of the notice on the parish council or, in the case of a parish not having a parish council, on the chairman of the parish meeting.
(3) The notice shall name a place within the locality where a map showing the said land, and any land given or to be given in exchange, may be inspected, and shall specify the time (not being less than twenty-eight days from first publication of the notice) within which and the manner in which representations with respect to the proposals in the notice may be made to the Minister.
(4) The Minister shall before giving his decision on the application take into consideration every representation which has been duly made and which has not been withdrawn, and may if he thinks fit either afford to each person making such a representation an opportunity of appearing before and being heard by a person appointed by the Minister for the purpose, or cause a public inquiry to be held.
Compulsory purchase
3 (1) A local authority shall have power to acquire compulsorily any land which is required by them for the purposes of their functions under the principal section, and which is part of the common land (or any commonable or other rights in or over that land), but the Minister shall not confirm a compulsory purchase order made in pursuance of this section except after giving his authority under paragraph 1 above as respects the land.
(2) Any notice which relates to a compulsory purchase order made in pursuance of this paragraph and which is published , affixed or served under section 11 or 12 of the Acquisition of Land Act 1981shall refer to the provisions of this Schedule and shall state whether land has been, or is to be, given in exchange.
(3) The notice to be published under paragraph 2 of this Schedule may be combined with a notice to be published under the said section 11 of the said Act of 1981 in the same newspaper and relating to the same land.
(4) If land has been, or is to be, given in exchange—
(a) the notice to be published , affixed and served under section 11 or 12 of the said Act of 1981 shall give particulars of that land and state the respective areas of the land to be taken and of the land given or to be given in exchange,
(b) the map in the compulsory purchase order shall show that land,
(c) the compulsory purchase order may provide for vesting any land to be given in exchange in the persons, and subject to the rights, trusts and incidents, mentioned in paragraph 1(4) above.
(5) A compulsory purchase order made in pursuance of this paragraph may provide for discharging the land purchased from all rights, trusts and incidents to which it was previously subject.
(6) Section 19 of the Acquisition of Land Act 1981 (special provisions for acquisition of common land) shall not apply to a compulsory purchase order made in pursuance of this paragraph, and section 22 of the Commons Act 1899 (consent of Minister required for purchase of common land) shall not apply to the acquisition of land in pursuance of such a compulsory purchase order.
Acquisition by agreement and appropriation.
4 (1) A local authority shall not acquire by agreement, or appropriate, any common land for the purposes of the principal section except as authorised under paragraph 1 of this Schedule.
(2) Subject to sub-paragraph (1) above, a local authority may appropriate any common land for the purposes of the principal section without compliance with the provisions of section 122 of the Local Government Act 1972 or section 104 of the Act of 1949 as amended by section 23 of the Town and Country Planning Act 1959 (under which the approval of the Minister is required).
(3) On an appropriation of land under this paragraph such adjustment shall be made in the accounts of the local authority as the Minister may direct.
Power to override restrictions affecting common land
5 No restrictions applying to commons generally, or to any particular common, contained in or having effect under any enactment, and no trust subject to which the common land is held, shall prevent a local authority from taking part of common land in accordance with this Schedule.
Protection for statutory undertakers
6 References in this Schedule to commonable and other rights in or over common land shall not be taken as including references to any right vested in statutory undertakers for the purpose of the carrying on of their undertaking or to any right conferred by or in accordance with the electronic communications code on the operator of an electronic communications code network.
Interpretation
7 In this Schedule “common land” has the meaning given by section 22(1) of the Commons Registration Act 1965 the principal section .
Section 50.
Chapter | Short Title | Extent of Repeal
9 & 10 Geo. 6. c. 49. | The Acquisition of Land (Authorisation Procedure) Act 1946. | Section 3(2)(3) (except as applies by section 15 of the Opencast Coal Act 1958 and except as respects an order made, or notice of which was published, before the coming into force of this Act.
12, 12 & 14 Geo. 6. c. 97. | The National Parks and Access to the Countryside Act 1949. | In section 2(3) the words “to any of the members of the Commission”.
In section 6(4) paragraphs (b) and (d).
Section 8(6).
Section 11(3).
In section 34 subsections (1) and (2) except as respects any review begun before the coming into force of this Act.
In section 73(1) the words from “whereby” to “undue hardship”.
Section 84.
Section 85(a).
In section 88 the words “(d) and”.
In section 89(4) the words from the beginning to “this Act ; and”.
In section 90(3) the proviso.
Section 92(2).
Section 93 and 94.
In section 97, except as respects expenditure incurred before the end of the financial year in which this Act is passed, insubsection (1) in paragraph (c) the words “(1) and”, and paragraphs (d) and (f), and subsections (2), (3) and (4).
In section 101 subsection (9) and in subsection (10)(a) the words “by the Commissioners of Crown Lands or”.
In Schedule 1, Part II, in paragraph 8 the words “or Part II”, and in paragraph 11 the words “or 6”.
5 & 6 Eliz. 2. c. 20. | The House of Commons Disqualification Act 1957. | In Part III of Schedule 1 the words “Chairman or Deputy Chairman of the National Parks Commission”.
11 & 12 Eliz. 2. c. 29. | The Local Authorities (Land) Act 1963. | In section 6(2), the words form the beginning to “accordingly” and the words from “for the words “by” to “section and””.