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Section 87(6).
1 In this Schedule—
“common”, “disposal” and “open space” have the same meaning as in the [1990 c. 8.] Town and Country Planning Act 1990;
“relevant order” has the same meaning as in Schedule 13.
2 (1) For the purposes of any of their functions under this or any other enactment, a conservation board may acquire by agreement any land, whether situated inside or outside their area of outstanding natural beauty.
(2) The reference in sub-paragraph (1) to acquisition by agreement is a reference to acquisition for money or money’s worth as purchaser or lessee.
3 Subject to paragraphs 4 to 6 and to the provisions of the relevant order, a conservation board may dispose, in any manner they wish, of land which is held by them but no longer required by them for the purposes of their functions.
4 (1) Except with the consent of the Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales), a conservation board may not—
(a) dispose under paragraph 3 of land which consists of or forms part of a common, or formerly consisted of or formed part of a common, and is managed by a local authority in accordance with a local Act,
(b) dispose under paragraph 3 of land, otherwise than by way of a short tenancy, for a consideration less than the best that can reasonably be obtained.
(2) For the purposes of this paragraph a disposal of land is a disposal by way of a short tenancy if it consists—
(a) of the grant of a term not exceeding seven years, or
(b) of the assignment of a term which at the date of the assignment has not more than seven years to run.
5 A conservation board may not dispose under paragraph 3 of any land consisting of or forming part of an open space unless before disposing of the land they cause notice of their intention to do so, specifying the land in question, to be advertised in two consecutive weeks in a newspaper circulating in the area in which the land is situated, and consider any objections to the proposed disposal which may be made to them.
6 Section 128 of the [1972 c. 70.] Local Government Act 1972 (consents to land transactions by local authorities) applies in relation to a conservation board as if a conservation board were a principal council and as if paragraphs 3 to 5 were contained in Part VII of that Act.)
7 In section 152(2) of the [1989 c. 42.] Local Government and Housing Act 1989 (provisions as to charges), after paragraph (ja) there is inserted—
“(jb) a conservation board established by order under section 86 of the Countryside and Rights of Way Act 2000;”;
and section 151 of that Act (power to amend existing provisions as to charges) shall have effect as if references to an existing provision included references to any such provision as applied by or under Part IV of this Act.
Section 93.
1 In section 1 of the National Parks and Access to the Countryside Act 1949 (the Countryside Agency and the Countryside Council for Wales), in subsection (2)(a) after “National Parks or” there is inserted “under the Countryside and Rights of Way Act 2000”.
2 In section 112(2) of that Act (provisions not applying to Epping Forest and Burnham Beeches), for “eighty-seven” there is substituted “eighty-nine”.
3 In section 114(1) of that Act (interpretation), for the definition of “area of outstanding natural beauty” there is substituted—
““area of outstanding natural beauty” means an area designated under section 82 of the Countryside and Rights of Way Act 2000;”.
4 In Schedule 3 to the Harbours Act 1964, in paragraph 1, in paragraph (i) of the definition of “sensitive area” for “section 87 of the National Parks and Access to the Countryside Act 1949” there is substituted “section 82 of the Countryside and Rights of Way Act 2000”.
5 In section 105A of the 1980 Act (environmental impact assessments), in subsection (6), for paragraph (e) there is substituted—
“(e) an area of outstanding beauty designated as such under section 82 of the Countryside and Rights of Way Act 2000.”.
6 In section 1 of the Derelict Land Act 1982 (powers of Secretary of State), in subsection (11), in the definition of “area of outstanding natural beauty” for “section 87 of the National Parks and Access to the Countryside Act 1949” there is substituted “section 82 of the Countryside and Rights of Way Act 2000”.
7 In section 22 of the Road Traffic Regulation Act 1984 (traffic regulation for special areas in the countryside), at the end of subsection (1)(a)(ii) there is inserted “designated as such under section 82 of the Countryside and Rights of Way Act 2000”.
8 In section 37 of the Housing Act 1985 (restriction on disposal of dwelling-houses in National Parks, etc), in subsection (1)(b) for “section 87 of the National Parks and Access to the Countryside Act 1949” there is substituted “section 82 of the Countryside and Rights of Way Act 2000”.
9 In section 157 of that Act (restriction on disposal of dwelling-houses in National Parks, etc), in subsection (1)(b) for “section 87 of the National Parks and Access to the Countryside Act 1949” there is substituted “section 82 of the Countryside and Rights of Way Act 2000”.
10 In section 87 of the Town and Country Planning Act 1990 (exclusion of certain descriptions of land or development from a simplified planning zone), in subsection (1)(d) for “section 87 of the National Parks and Access to the Countryside Act 1949” there is substituted “section 82 of the Countryside and Rights of Way Act 2000”.
11 In section 130 of the Environmental Protection Act 1990 (countryside functions of Countryside Council for Wales), in subsection (2)(a) after “National Parks or” there is inserted “under the Countryside and Rights of Way Act 2000”.
12 In section 156 of the Water Industry Act 1991 (restriction on disposals of land), in subsection (8), in paragraph (a) of the definition of “area of outstanding natural beauty or special scientific interest”, for “for the purposes of the National Parks and Access to the Countryside Act 1949” there is substituted “under section 82 of the Countryside and Rights of Way Act 2000”.
13 In Schedule 13 to the Environment Act 1995 (review of old mineral planning permissions), in paragraph 2(4)(c) for “section 87 of the National Parks and Access to the Countryside Act 1949” there is substituted “section 82 of the Countryside and Rights of Way Act 2000”.
14 In section 13 of the Housing Act 1996 (restriction on disposal of houses in National Parks, etc), in subsection (1)(b) for “section 87 of the National Parks and Access to the Countryside Act 1949” there is substituted “section 82 of the Countryside and Rights of Way Act 2000”.
15 In this Part “commencement” means the commencement of section 82.
16 Any order under section 87 of the 1949 Act (designation of areas of outstanding natural beauty) which is in force immediately before commencement is to be taken to have been made under section 82 in accordance with the provisions of Part IV of this Act, and may be amended or revoked by an order under that section.
17 Any reference in any instrument or document (whenever made) to designation as an area of outstanding natural beauty under section 87 of the 1949 Act or to an order under that section is, in relation to any time after commencement, to be taken to be a reference to designation as such an area under section 82 or to an order under that section.
18 Anything done before commencement in connection with a proposed order under section 87 of the 1949 Act is, as from commencement, to be taken to have been done in connection with a proposed order under section 82.
Countryside and Rights of Way Act 2000