Countryside Act 1968

32 Traffic regulation orders for special areas in the countryside

(1) This section has effect in England and Wales, exclusive of Greater London, as respects roads in, or forming part of, or adjacent to or contiguous with—

(a) a National Park,

(b) an area of outstanding natural beauty,

(c) a country park provided under section 7(1) of this Act which in the opinion of the Minister serves the purpose set out in section 6(1) of this Act when the considerations in paragraphs (a) and (b) of that subsection are taken into account, and any park or pleasure ground in the Lee Valley Regional Park which in the opinion of the Minister serves that purpose,

(d) an area in which the Commission are conducting a project or scheme under section 4 of this Act,

(e) a long distance route,

(f) a nature reserve or an area subject to an agreement under section 15 of this Act,

(g) land belonging to the National Trust which is held by the Trust inalienably,

and has effect in Scotland as respects roads in the countryside within the meaning of the [1967 c. 86.] Countryside (Scotland) Act 1967.

(2) The [1967 c. 76.] Road Traffic Regulation Act 1967 shall have effect as respects such roads as if the list of purposes for which a traffic regulation order may be made under section 1 of that Act as set out in the paragraphs of subsection (1) of that section, included the purpose of conserving or enhancing the natural beauty of the area, or of affording better opportunities for the public to enjoy the amenities of the area, or recreation or the study of nature in the area.

(3) Subject to subsection (4) below, in the case of any such road as aforesaid which is not a trunk road, the appropriate Minister may by order under this subsection make as respects that road for the purpose specified in subsection (2) above any such provision as he might have so made by an order under section 1 of the Road Traffic Regulation Act 1967 if that road had been a trunk road, and that Act shall apply to an order under this subsection as respects any road as it applies to an order under the said section 1 as respects a road which is for the time being a trunk road.

(4) The Commission, or as the case may be, the Countryside Commission for Scotland, may, if they think fit, make submissions to the appropriate Minister as to the desirability of making an order as respects any road under subsection (3) above or, if that road is a trunk road, under section 1 of the Road Traffic Regulation Act 1967 ; and the appropriate Minister shall not make an order under the said subsection (3) as respects any road except after receiving such a submission with respect to that road and after consultation with the authority having power to make an order as respects that road under the said section 1.

(5) Subject to the following provisions of this section, section 1 of the [1967 c. 76.] Road Traffic Regulation Act 1967, as applied for the purposes set out in subsection (2) above, shall have effect so as to authorise the making of traffic regulation orders as respects Crown roads, and orders (hereafter also referred to as " traffic regulation orders ") may be made under subsection (3) above as respects Crown roads.

(6) The consent of the appropriate Crown authority must be given before a traffic regulation order is made as respects a Crown road.

(7) A traffic regulation order made as respects a Crown road, notwithstanding section 97 of the said Act of 1967, shall not apply to vehicles or persons in the public service of the Crown except so far as is expressly provided in the order, and the inclusion of any such express provision in an order not made by a Minister shall require the approval of the appropriate Minister.

(8) If a traffic regulation order is or is to be made as respects a Crown road, the local authority concerned may, after consultation with the appropriate Crown authority, place and maintain, or cause to be placed and maintained, such traffic signs of any type prescribed, or authorised, under section 54 of the said Act of 1967 as the local authority may consider necessary in connection with the order.

The powers conferred by this subsection shall be exercisable subject to and in conformity with any general directions given under section 55(1) of the said Act of 1967, and any other power conferred by the said section 55 to give directions to a highway authority shall include power to give the like directions to the local authority concerned as respects the Crown road, but after consultation with the appropriate Crown authority.

(9) The appropriate Minister may, after consulting the appropriate Crown authority, give directions to the local authority concerned with any Crown road requiring the local authority to remove, or cause to be removed, any traffic sign, within the meaning of the said Act of 1967, or any other object or device (whether fixed or portable) for the guidance or direction of persons using roads, on or in the vicinity of the road, and section 63 of the said Act of 1967 (power to enter on land) shall apply as if this subsection formed part of section 61 of that Act.

(10) In this section—

• " the appropriate Crown authority ", in relation to any land, has the same meaning as " the appropriate authority " as defined by section 101(11) of the Act of 1959,

• " the appropriate Minister " means, as respects Scotland or Wales and Monmouthshire the Secretary of State, and otherwise means the Minister of Transport,

• " Crown road " means a road, other than a highway, to which the public have access by permission granted by the appropriate Crown authority, or otherwise granted by or on behalf of the Crown,

• " local authority concerned ", in relation to a Crown road, means the authority having power to make an order as respects that road under section 1 of the [1967 c. 76.] Road Traffic Regulation Act 1967 as extended by this section,

• " road " has the meaning given by section 104 of the Road Traffic Regulation Act 1967,

and any reference in this section to the Road Traffic Regulation Act 1967 shall be construed as a reference to that Act as for the time being in force.

(11) Sections 93 and 94 of the Act of 1949 (restriction of traffic on roads in National Parks, etc.) shall cease to have effect.