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(5)A person who, without reasonable excuse, contravenes subsection (2) shall be liable—

(a)on summary conviction, to a fine not exceeding the statutory maximum;

(b)on conviction on indictment, to a fine.

(6)Where the [F4National Park authority] are given notice under this section in respect of any land, the authority shall forthwith send copies of the notice to [F5Natural England] .

(7)In considering for the purposes of this section whether land has been agricultural land within the preceding 20 years, no account shall be taken of any conversion of the land into agricultural land which was unlawful under the provisions of this section or section 14 of the 1968 Act.

[F6(8)An order under this section shall be made by statutory instrument and the Statutory Instruments Act 1946 shall apply to such an instrument as if the order had been made by a Minister of the Crown.]

(9)The said section 14 (which is superseded by this section) shall cease to have effect; but this section shall have effect as if any order under that section in force immediately before the coming into force of this section had been made under this section.

43 Maps of National Parks showing certain areas of moor or heath

(1)Every [F1local planning authority] whose area comprises the whole or any part of a National Park shall—

(a)before the expiration of the period of two years beginning with [F2the relevant date], prepare a map of the Park or the part thereof showing any areas [F3to which this section applies whose natural beauty] it is, in the opinion of the authority, particularly important to conserve; and

(b)[F4at intervals of not more than five years] review the particulars contained in the map and make such revisions thereof (if any) as may be requisite.

[F5(1A)In considering under subsection (1) whether any area to which this section applies is one whose natural beauty it is particularly important to conserve, a [F6local planning authority] shall act in accordance with the guidelines from time to time issued F7 . . . under subsection (1B).

(1B)[F8Natural England shall] issue guidelines for the guidance of county planning authorities in considering as mentioned in subsection (1A), and [F9Natural England may] from time to time revise any guidelines so issued.

(1C)Before issuing or revising any guidelines under subsection (1B) [F10Natural England] shall consult such bodies as appear to them to represent interests concerned; and before preparing or revising any map under subsection (1) a [F6local planning authority] shall consult such bodies as appear to the authority to represent interests concerned with matters affecting the Park or part of the Park in question.]

(2)The authority shall cause a map prepared or revised in pursuance of subsection (1) to be printed, and shall cause copies thereof to be put on sale to the public at such price as the authority may determine.

[F11(3)This section applies to any area of mountain, moor, heath, woodland, down, cliff or foreshore (including any bank, barrier, dune, beach, flat or other land adjacent to the foreshore); and in this section “the relevant date” means the date of issue of the first guidelines under subsection (1B).]

44 Grants and loans for purposes of National Parks

F1(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F2(1A)F3. . .the National Park authority for such a Park may give financial assistance by way of grant or loan, or partly in one way and partly in the other, to any person in respect of expenditure incurred by him in doing anything which, in the opinion of the authority, is conducive to the attainment in the Park in question of any of the purposes mentioned in section 5(1) of the 1949 Act (purposes of conserving and enhancing the natural beauty, wildlife and cultural heritage of National Parks and of promoting opportunities for the understanding and enjoyment of the special qualities of those Parks by the public).]

(2)On making a grant or loan under this section [F4the authority in question] may impose such conditions as they think fit, including (in the case of a grant) conditions for repayment in specified circumstances.

(3)[F4The authority in question] shall so exercise their powers under subsection (2) as to ensure that any person receiving a grant or loan under this section in respect of premises to which the public are to be admitted, whether on payment or otherwise, shall, in the means of access both to and within the premises, and in the parking facilities and sanitary conveniences to be available (if any), make provision, insofar as it is in the circumstances both practicable and reasonable, for the needs of members of the public visiting the premises who are disabled.

[F5(4)For the purposes of this section the Broads Authority shall be treated as a [F6National Park authority and the Broads as a National Park for which it is the local planning authority.]]

45 Power to vary order designating National Park

[F1(1)[F2Natural England](as well as the Secretary of State) shall have power to make an order amending an order made under section 5 of the 1949 Act designating a National Park F3. . . , and—

(a)section 7(5) and (6) of that Act (consultation and publicity in connection with orders under section 5 or 7) shall apply to an order under this section as they apply to an order under section 7(4) of that Act with the substitution for the reference in section 7(5) to the Secretary of State of a reference to [F2Natural England ; and

(b)Schedule 1 to that Act (procedure in connection with the making and confirmation of orders under section 5 or 7) shall apply to an order under this section as it applies to an order designating a National Park.]

(2)F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F146. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Miscellaneous and supplemental

47[F1Grants to the Countryside Council for Wales]

(1)F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)The Secretary of State may, with the approval of the Treasury, make F3. . . [F4 to the Countryside Council for Wales] out of moneys provided by Parliament grants of such amount and subject to such conditions (if any) as he may, with the approval of the Treasury, think fit.

X1(3)Sections 2, 4 and 95 of the 1949 Act and section 3 of the 1968 Act (which are superseded by this section) shall cease to have effect.

48. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

49 Extension of power to appoint wardens

(1)This section applies to any land in a National Park or in the countryside if—

(a)the public are allowed access to the land; and

(b)there is no power under any of the provisions of the 1949 Act and the 1968 Act for a local authority, a local planning authority [F1, the Countryside Council for Wales.] or [F2Natural England] to appoint wardens as respects that land.

(2)Subject to subsections (3) and (4) the power conferred on a local authority by section 92(1) of the 1949 Act (appointment of wardens) shall include a power, exercisable only with the agreement of the owner and of the occupier of any land to which this section applies, to appoint persons to act as wardens as respects that land.

(3)The only purpose for which wardens may be appointed by virtue of subsection (2) is to advise and assist the public.

(4)Notwithstanding the provisions of section 41(8) of the 1968 Act ([F2Natural England[F1or the Countryside Council for Wales] to be local authority for purposes of section 92 of the 1949 Act), nothing in this section shall be construed as conferring on [F2Natural England[F1or the Countryside Council for Wales] any additional power to appoint wardens.

50 Payments under certain agreements offered by authorities

(1)This section applies where—

(a)[F1Natural England or the Countryside Council for Wales offer to enter into a nature reserve agreement or an SSSI agreement or an agreement under] section 16 of the 1949 Act or section 15 of the 1968 Act providing for the making by them of payments [F2to any person; or]

(b)the relevant authority offer to enter into a management agreement providing for the making by them of payments to a person whose application for a farm capital grant has been refused in consequence of an objection by the authority.

(2)Subject to subsection (3), the said payments shall be of such amounts as may be determined by the offeror in accordance with guidance given by the Ministers.

(3)If the offeree so requires within one month of receiving the offer, the determination of those amounts shall be referred to an arbitrator F3. . . to be appointed, in default of agreement, by the Secretary of State; and where the amounts determined by the arbitrator exceed those determined by the offeror, the offeror shall—

(a)amend the offer so as to give effect to the arbitrator’s F3. . . determination; or

(b)except in the case of an offer made to a person whose application for a farm capital grant has been refused in consequence of an objection by the offeror, withdraw the offer.

(4)In this section—

• [F4“farm capital grant” has the same meaning as in section 32;]

• “management agreement” and “the relevant authority” have the same meanings as in section 41.

• [F5“nature reserve agreement” has the same meaning as in Part 3 of the 1949 Act;

• “SSSI agreement” has the same meaning as in section 15A of the 1968 Act.]]

50 Payments under certain agreements offered by authorities

F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

51 Powers of entry

(1)Any person authorised in writing by the relevant authority may, at any reasonable time and (if required to do so) upon producing evidence that he is authorised, enter any land for any of the following purposes—

[F1(a)to determine whether the land should be notified under section 28(1);

(b)to assess the condition of the flora, fauna, or geological or physiographical features by reason of which land which has been notified under section 28(1) is of special interest;

(c)to determine whether or not to offer to enter into [F2a nature reserve agreement or an SSSI agreement or] an agreement under section 16 of the 1949 Act or section 15 of the 1968 Act in relation to the land;

(d)to ascertain whether a condition to which a consent referred to in section 28E(3)(a) was subject has been complied with in relation to the land;

(e)to ascertain whether an offence under section 28P or under byelaws made by virtue of section 28R is being, or has been, committed on or in relation to the land;

(f)to formulate a management scheme for the land or determine whether a management scheme (or a proposed management scheme) for the land should be modified;

(g)to prepare a management notice for the land;

(h)to ascertain whether the terms of [F2a nature reserve agreement or an SSSI agreement or an agreement under section 16 of the 1949 Act or section 15 of the 1968 Act in relation to the land, or the terms of a management scheme or the requirements of a management notice in relation to the land, have been complied with;

(i)to determine whether or not to offer to make a payment under section 28M in relation to the land;

(j)to determine any question in relation to the acquisition of the land by agreement or compulsorily;

(k)to determine any question in relation to compensation under section 20(3) of the 1949 Act as applied by section 28R of this Act;

[F3(ka)for the purposes of putting up, maintaining or removing notices or signs under section 28S;]

(l)to ascertain whether an order should be made in relation to the land under section 34 or if an offence under that section is being, or has been, committed on the land;

(m)to ascertain whether an order should be made in relation to the land under section 42 or if an offence under that section is being, or has been, committed on the land;]

but nothing in this subsection shall authorise any person to enter a dwelling.