Countryside Act 1968

41 Power to make byelaws and related provisions about wardens. E+W

(1) A local authority may as respects—

(a) a country park provided by the local authority under section 7 of this Act (on land belonging to the local authority or other land), or

(b) any land as respects which the local authority have exercised powers conferred by section 9 of this Act, or

(c) a picnic site provided by the local authority under section 10 of this Act, [F1 or

(d) a trunk road picnic area as respects which functions of the Minister stand delegated to the local authority under section 113(1) of the M1 Highways Act 1980, or are functions of the local authority by virtue of an agreement under section 113(3) of that Act,]

make byelaws for the preservation of order, for the prevention of damage to the land or anything thereon or therein, and for securing that persons resorting thereto will so behave themselves as to avoid undue interference with the enjoyment of the land by other persons.

[F2 (1A) The power of a local authority under sub-section (1)(d) above is exercisable only in so far as any conditions attached to the relevant delegation or, as the case may be, included in the relevant agreement do not otherwise provide.]

(2) The [F3 Agency][F4 and the Council may each] as respects any land held by them for the purposes of section 4 of this Act, or as respects land to which the public have rights of access pursuant to an agreement under section 4(5)(b) of this Act, make byelaws for the preservation of order and the other purposes mentioned in subsection (1) above.

(3) Without prejudice to the generality of the foregoing provisions of this section, byelaws under those provisions—

(a) may prohibit or restrict the use of the land or of any waterway comprised therein, either generally or in any manner specified in the byelaws, by traffic of any description so specified,

(b) may contain provisions prohibiting the depositing of rubbish and the leaving of litter,

(c) may regulate or prohibit the lighting of fires,

(d) may regulate sailing, boating, bathing and fishing and other forms of recreation on waterways,

(e) may prohibit the use of any waterway comprised in a country park by boats which are not for the time being registered with the local authority in such manner as the byelaws may provide,

(f) may be made so as to relate either to the whole or to any part of the land or of any waterway comprised therein, and may make different provisions for different parts thereof,

and the byelaws may authorise the making of reasonable charges in respect of the registration of boats in pursuance of the byelaws.

(4) Byelaws made under this section shall not interfere with the exercise of any public right of way or of any functions relating to the land or waterway to which the byelaws apply which are exercisable by any authority under any enactment [F5 or with [F6 the provision of an electronic communications code network] or the exercise of any right conferred by or in accordance with [F7 the electronic communications code] on the operator of any [F8 such network]].

(5) Before a local authority make byelaws under the foregoing provisions of this section as respects a National Park or area of outstanding natural beauty, the local authority shall consult the [F3 Agency][F9 as respects a park or area in England) or the Council (as respects a park or area in Wales)].

(6) A county council or county district council shall have power to enforce byelaws made under this section by another authority as respects land in the area of the council.

(7) Section 106 of the Act of 1949 (supplementary provisions as to byelaws) shall have effect as if byelaws under this section were byelaws under that Act.

(8) Subsections (1) and (2), and subject to the next following subsection subsection (4), of section 92 of the Act of 1949 (appointment of wardens for land for which byelaws may be made under section 90 of that Act) shall have effect as if the power of making byelaws conferred by this section was contained in the said section 90, and as if the [F3 Agency][F10 and the Council were local authorities].

(9) For the purposes of exercising any function conferred on him by the said section 92 as applied by subsection (8) above a warden appointed under that section may enter upon any land, or go on any waterway, as respects which byelaws under this section are in force, although the land or waterway does not belong to the local authority [F11 , the [F3 Agency] or the Council].

(10) Sections 90, 91 and 92 of the Act of 1949 shall have effect as if any path which is a means of access to land to which the public are given access by an agreement or order, or in consequence of acquisition, under Part V of the Act of 1949 was included in that land.

(11) In subsection (10) above “path” means a public path, or a road used as a public path (as those expressions are defined in section 27(6) of the Act of 1949) or any other path, not being a highway at the side of a public road, which the public have the right to use, or are permitted to use, as a means of access to land to which the public are given access under Part V of the Act of 1949.

(12) Byelaws made under section 90(3) of the Act of 1949 shall not interfere with the exercise of any public right of way or with any authority having under any enactment functions relating to the land or waterway to which the byelaws apply [F12 or with [F13 the provision of an electronic communications code network] or the exercise of any right conferred by or in accordance with [F14 the electronic communications code] on the operator of any [F15 such network]].

Textual Amendments

F1 Words inserted by Highways Act 1980 (c. 66, SIF 59), s. 342(a)

F2 S. 41(1A) inserted by Highways Act 1980 (c. 66, SIF 59), s. 342(b)

F3 Words in s. 41 substituted (20.2.1999) by S.I. 1999/416, art. 3, Sch. 1 para. 4(5)

F4 Words in s. 41(2) substituted (1. 4. 1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 130, Sch. 8 para. 2(10)(a); S.I. 1991/685, art. 3.

F5 Words inserted by Telecommunications Act 1984 (c. 12, SIF 96), Sch. 4 para. 48(1)

F6 Words in s. 41(4) substituted (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 40(2)(a) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, arts. 3(2), 11

F7 Words in s. 41(4) substituted (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 40(2)(b) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, arts. 3(2), 11

F8 Words in s. 41(4) substituted (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 40(2)(c) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, arts. 3(2), 11

F9 Words in s. 41(5) inserted (1. 4. 1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 130, Sch. 8 para. 2(10)(b); S.I. 1991/685, art. 3.

F10 Words in s. 41(8) substituted (1. 4. 1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 130, Sch. 8 para. 2(10)(c); S.I. 1991/685, art. 3.

F11 Words in s. 41(9) substituted (1. 4. 1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 130, Sch. 8 para. 2(10)(d); S.I. 1991/685, art. 3.

F12 Words inserted by Telecommunications Act 1984 (c. 12, SIF 96), Sch. 4 para. 48(1)

F13 Words in s. 41(12) substituted (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 40(2)(a) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, arts. 3(2), 11

F14 Words in s. 41(12) substituted (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 40(2)(b) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3));S.I. 2003/3142, arts. 3(2), 11

F15 Words in s. 41(12) substituted (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 40(2)(c) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, arts. 3(2), 11

Modifications etc. (not altering text)

C1 S. 41 extended (19.9.1995) by 1995 c. 25, ss. 70, 125(2), Sch. 9 para. 5(c)(with ss. 7(6), 115, 117, Sch. 8 para. 7)

C2 S. 41 functions made exercisable concurrently (E.W.) (with effect in accordance with art. 25(1) of the amending S.I.) by The Cotswolds Area of Outstanding Natural Beauty (Establishment of Conservation Board) Order 2004 (S.I. 2004/1777), arts. 1, 25(2)(xxi) (with art. 35)

C3 S. 41(8) excluded by Wildlife and Countryside Act 1981 (c. 69, SIF 4:5), s. 49(4)

Marginal Citations

M1 1980 c. 66.