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This version of this statute is extracted from the UK Statute Law Database (SLD). It is not necessarily in the form in which it was originally enacted but is a revised version, which means that any subsequent amendments to the text and other effects are incorporated with annotations.
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Nature conservation, National Parks and access to open country
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18. Access agreements: undertakings by landowners and others not to convert land into excepted land
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20. Access to open country: contributions by local planning authorities to persons displaying maps and notices
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31. Public paths: amendments as respects procedural and minor matters
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Proposals Submitted to Statutory Undertakers and other Authorities
An Act to enlarge the functions of the[F1 Agency] established under the National Parks and Access to the Countryside Act 1949, to confer new powers on local authorities and other bodies for the conservation and enhancement of natural beauty and for the benefit of those resorting to the countryside and to make other provision for the matters dealt with in the Act of 1949 and generally as respects the countryside, and to amend the law about trees and woodlands, and footpaths and bridleways, and other public paths.
[3rd July 1968]
F1Word in long title substituted (20.2.1999) by S.I. 1999/416 art. 3, Sch. 1 para. 4(5)
C1References to a local planning authority to be construed in accordance with Local Government Act 1972 (c. 70, SIF 81:1), s. 184(1)(2)(b)(4)(5), Sch. 17
C2Act: functions transferred (E.W.)(19.9.1995) by 1995 c. 25, ss. 68(2)(a)(8), 125(2) (with ss. 7(6), 115, 117, Sch. 8 para. 7)
C3Act modified (E.W.)(19.9.1995) by 1995 c. 25, ss. 68(2)(b)(c), 125(2) (with ss. 7(6), 115, 117, Sch. 8 para. 7)
C4Act amended (1.4.1996) by S.I. 1996/593, reg. 2, sch. 1
Act (except s. 47(4)): transfer of functions (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1
I1Act wholly in force at 3. 8. 1968 see s. 50(3).
[F2(1)The National Parks [F1Agency] shall in future be known as the [F3Countryside Agency] and shall exercise functions in relation to England.
(1A)The functions of the [F3Countryside Agency] (in this Act referred to as “the [ F4 Agency]”) in England and the corresponding functions of the Countryside Council for Wales (in this Act referred to as “the Council”) in Wales shall be enlarged in accordance with this Act.]
(2)The functions conferred by this Act on the said [F1Agency] (in this Act referred to as “the [ F5Agency]”) are to be exercised for the conservation and enhancement of the natural beauty and amenity of the countryside, and encouraging the provision and improvement, for persons resorting to the countryside, of facilities for the enjoyment of the countryside and of open-air recreation [F6and the study of nature] in the countryside [F7; and the purposes for which the functions of the Council in Wales are to be exercised are the corresponding purposes specified in section 130(2) of the Environmental Protection Act 1990.]
(3)The [F1 Agency][F8and the Council shall each] have power—
(a)to make such charges for any of their services as they think fit,
(b)to accept any gift or contribution made to them for the purposes of any of their functions, and, subject to the terms of the gift or contribution and to the provisions of the M1National Parks and Access to the Countryside Act 1949 (in this Act referred to as “the Act of 1949”) and this Act, to apply it for those purposes, and
(c)to do all such things as are incidental to, or conducive to the attainment of the purposes of, any of their functions.
(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9
(5)In sections 1 . . . F10of the Act of 1949 for the words “National Parks [F1Agency]” there shall be substituted the words “Countryside [F1Agency]”, . . . F10.
(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11
F1Words in s. 1 substituted (20.2.1999) by S.I. 1999/416, art. 3, Sch. 1 para. 4(5)
F2S. 1(1)(1A) substituted (1. 4. 1991) for subsection (1) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 130, Sch. 8 para. 2(2)(a); S.I. 1991/685, art. 3.
F3Words in s. 1(1)(1A) substituted (19.2.1999) by S.I. 1999/416, art. 3, Sch. 1 para. 4(2)(3)
F4Words in s. 1 substituted (20.2.1999) by S.I. 1999/416, art. 3, Sch. 1 para. 4(5)
F5Words in s. 1 substituted (20.2.1999) by S.I. 1999/416, art. 3, Sch. 1 para. 4(5)
F6Words in s. 1(2) inserted (1. 4. 1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 130, Sch. 8 para. 2(2)(b)(i); S.I. 1991/685, art. 3.
F7Words in s. 1(2) inserted (1. 4. 1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 130, Sch. 8 para. 2(2)(b)(ii); S.I. 1991/685, art. 3.
F8Words in s. 1(3) substituted (1. 4. 1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 130, Sch. 8 para. 2(2)(c); S.I. 1991/685, art. 3.
F9S. 1(4) repealed by Wildlife and Countryside Act 1981 (c. 69, SIF 4:5), Sch. 17 Pt. II
F10Words repealed by Wildlife and Countryside Act 1981 (c. 69, SIF 4:5), Sch. 17 Pt. II
F11S. 1(6) repealed by House of Commons Disqualification Act 1975 (c. 24, SIF 89), Sch. 3
C1The text of s. 1(5) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as indicated, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
M11949 c. 97 .
(1)The [F1Agency][F2and the Council shall each] have the general duties imposed by this section, but nothing in this section shall be construed as modifying the effect of any provision of this Act or of the Act of 1949 whereby any general or specific power or duty is conferred or imposed on the [F1Agency][F3or Council], or whereby an obligation is imposed on any other person to consult with the [F1Agency][F3or Council].
(2)The [ F4Agency][F5and the Council] shall keep under review all matters relating to—
(a)the provision and improvement of facilities for the enjoyment of the countryside,
(b)the conservation and enhancement of the natural beauty and amenity of the countryside, and
(c)the need to secure public access to the countryside for the purposes of open-air recreation,
and shall consult with such local planning authorities and other bodies as appear to the [F1Agency][F5or Council] to have an interest in those matters.
(3)The [F1Agency][F5and the Council] shall encourage, assist, concert or promote the implementation of any proposals with respect to those matters made by any person or body, being proposals which the [F1Agency][F5or Council] consider to be suitable.
(4)The [F1Agency][F6and the Council] shall advise any Minister having functions under this Act, or any other Minister or any public body, on such matters relating to the countryside as he or they may refer to the [F1Agency][F6or Council], or as the [F1Agency][F6or Council] may think fit.
(5)Where it appears to the [F1Agency][F7or to the Council] that the provision and improvement of facilities for enjoyment of the countryside or the conservation and enhancement of the natural beauty and amenity of the countryside presents special problems or requires special professional or technical skill, the [F1Agency][F7or, as the case may be, the Council]—
(a)shall notify their opinion to the appropriate local planning authority or other public body, and
(b)on the application of any such authority or other body in any case where it appears to the [F1Agency][F8or Council] expedient having regard to the provisions of section 1(2) of this Act, and to the provisions of section 5(1) of the Act of 1949 (general provisions as respects National Parks), shall place the services of officers or servants of the [F1Agency][F8or Council], or the services of consultants engaged by the [F1Agency][F8or Council], at the disposal of the authority or other body for such period as may be agreed between them, and on such terms as to payment or otherwise, as may be so agreed with the approval of the Minister.
(6)The [F1Agency][F9and the Council] shall make to local planning authorities and other public bodies, as respects the exercise of the powers of making byelaws conferred by this Act [F10, the Act of 1949 and Part I of the Countryside and Rights of Way Act 2000], recommendations as to the matters in respect of which byelaws should be made.
(7)The [F1Agency][F11and the Council] shall carry out, or commission the carrying out of, such inquiries, investigations or researches, either on their own account or jointly with other persons, as the [F1Agency][F11or Council] may deem necessary or expedient for the purposes of any of their functions.
(8)The [F1Agency][F11and the Council] shall provide, or assist in the provision of, publicity and information services relating to the countryside, to places of beauty or interest therein, or to the functions of the [F1Agency][F11or Council], and shall take such steps as appear to them expedient for securing that suitable methods of publicity are used for the prevention of damage in the countryside and for [F12informing persons resorting to the countryside of their rights and obligations].
(9)The [Agency][F11and the Council] shall make to the Minister such recommendations as the [F1Agency][F11or Council] think proper in respect of applications by local authorities for Exchequer grants under . . . F13 the Act of 1949.
F1Words in s. 2 substituted (20.2.1999) by S.I. 1999/416, art. 3, Sch. 1 para. 4(5)
F2Words in s. 2(1) substituted (1. 4. 1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 130, Sch. 8 para. 2(3)(a); S.I. 1991/685, art. 3.
F3Words in s. 2(1) inserted (1. 4. 1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 130, Sch. 8 para. 2(3)(a); S.I. 1991/685, art. 3.
F4Words in s. 2 substituted (20.2.1999) by S.I. 1999/416, art. 3, Sch. 1 para. 4(5)
F5Words in s. 2(2)(3) inserted (1. 4. 1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 130, Sch. 8 para. 2(3)(b); S.I. 1991/685, art. 3.
F6Words in s. 2(4) inserted (1. 4. 1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 130, Sch. 8 para. 2(3)(c); S.I. 1991/685, art. 3.
F7Words in s. 2(5) inserted (1. 4. 1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 130, Sch. 8 para. 2(3)(d); S.I. 1991/685, art. 3.
F8Words in s. 2(5)(b) inserted (1. 4. 1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 130, Sch. 8 para. 2(3)(e); S.I. 1991/685, art. 3.
F9Words in s. 2(6) inserted (1. 4. 1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 130, Sch. 8 para. 2(3)(f); S.I. 1991/685, art. 3.
F10Words in s. 2(6) substituted (1.4.2001 for E. and 1.5.2001 for W.) by 2000 c. 37, s. 46(3), Sch. 4 para. 4 (with s. 43); S.I. 2001/114, art. 2(2)(b)(j); S.I. 2001/1410, art. 2(b)(j)
F11Words in s. 2(7)-(9) inserted (1. 4. 1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 130, Sch. 8 para. 2(3)(g); S.I. 1991/685, art. 3.
F12Words substituted by Wildlife and Countryside Act 1981 (c. 69, SIF 4:5), s. 72(7)
F13Words repealed by Local Government Act 1974 (c. 7, SIF 81:1), Sch. 8
C1S. 2 extended by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)—(10), 190, 193(1), Sch. 25 para. 1(2)(xiv), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58
C2S. 2(5)(b) modified (19.9.1995) by 1995 c. 25, ss. 61(3)(b), 125(2) (with ss. 7(6), 115, 117, Sch. 8 para. 7)
F1S. 3 repealed and superseded by Wildlife and Countryside Act 1981 (c. 69, SIF 4:5), s. 47(3), Sch. 17 Pt. II
[F1(1)The [F2Agency][F3and the Council], after consultation with such local authorities [F4National Park authorities] and other bodies as appear to the [F2Agency][F3or Council] to have an interest, may from time to time make and carry out or promote the carrying out of any experimental scheme designed to facilitate the enjoyment of the country side, or to conserve or enhance its natural beauty or amenity which—
(a)in relation to the countryside generally or to any particular area involves the development or application of new methods, concepts or techniques or the application or further development of existing methods, concepts or techniques; and
(b)is designed to illustrate the appropriateness of the scheme in question for the countryside generally or for any particular area.]
(3)For the purpose of their functions under the foregoing provisions of this section the [F2Agency][F5or, as the case may be, the Council] may—
(a)with the approval of the Minister acquire land by agreement, or may be authorised by the Minister in a particular case to acquire land compulsorily,
(b)hold and manage land, and with the approval of the Minister and subject to the subsequent provisions of this section, dispose of or otherwise deal with land,
(c)erect buildings and carry out works or other operations on land,
(d)provide equipment, facilities and services on or in connection with land or with use of land,
(e)hold, manage, maintain, hire, let or otherwise dispose of such works, equipment, facilities or services,
(f)exercise any powers to carry out work or to provide facilities or services conferred by this Act or the Act of 1949 on local authorities or local planning authorities,
(g)with the approval of the Minister and the Treasury, acquire by agreement and carry on or set up and carry on, directly or through an agent, or themselves carry on as agent, any business or undertaking relevant to the experimental project or scheme, and, subject to the approval of the Minister and the Treasury, may dispose of any such business or undertaking.
Countryside Act 1968