(1)This section applies to roads of the following descriptions, that is to say—
(a)in the case of England and Wales F1. . . roads in, or forming part of, or adjacent to or contiguous with—
(i)a National Park,
(ii)an area of outstanding natural beauty, [F2designated as such under section 82 of the Countryside and Rights of Way Act 2000]
(iii)a country park provided under section 7(1) of the M1Countryside Act 1968 which in the opinion of the Secretary of State serves the purpose set out in section 6(1) of that 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 Secretary of State serves that purpose,
[F3(iv)an area in which Natural England is conducting an experimental scheme under section 8 of the Natural Environment and Rural Communities Act 2006 or the Countryside Council for Wales are conducting a scheme under section 4 of the 1968 Act,
(v) a nature reserve or an area subject to an SSSI agreement or an agreement under section 15 of the 1968 Act, ]
(vi)a long distance route, F4. . .
(vii)land belonging to the National Trust which is held by the Trust inalienably; [F5or
(viii)a site of special scientific interest (within the meaning of the Wildlife and Countryside Act 1981);] and
F6 [( b )in the case of Scotland, roads in, or forming part of, or adjacent to or contiguous with—
(i)a country park within the meaning of section 48 of the Countryside (Scotland) Act 1967;
(ii) a National Scenic Area designated [F7by a direction made by the Scottish Ministers under section 263A of the Town and Country Planning (Scotland) Act 1997];
(iii)F8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(iv)an area in respect of which Scottish Natural Heritage has prepared proposals for a development project or scheme under section 5 of the Natural Heritage (Scotland) Act 1991;
(v)a nature reserve within the meaning of section 15 of the National Parks and Access to the Countryside Act 1949 or an area which is subject to an agreement under section 15 of the Countryside Act 1968 (areas of special scientific interest);
(vi)a long distance route within the meaning of section 54 of the said Act of 1967 (power to make byelaws);
(vii)land belonging to the National Trust for Scotland which is held by the Trust inalienably; or
(viii) open country, being land which appears to the Secretary of State to consist wholly or predominantly of mountain, moor, heath, hill, woodland, cliff or foreshore, and any waterway; and in this sub-paragraph “ waterway ” and “ foreshore ” shall include any bank, barrier, dune, beach, flat or other land adjacent to the waterway or foreshore. ]
(2)This Act shall have effect as respects roads to which this section applies as if the list of purposes for which a traffic regulation order may be made under section 1 of this Act, as set out in [F9paragraphs (a) to (g) of subsection (1) of that section and referred to in section 6(1)(b) of this Act], 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.
F10 [( 3 )[F11Natural England], the Countryside Council for Wales and the [F12Scottish Natural Heritage]] may each make submissions to the Secretary of State as to the desirability of a traffic regulation order being made in relation to a road to which this section applies, whether or not it is a road for which he is the traffic authority.
(4)Where such a submission is made as respects a road for which he is not the traffic authority, and the traffic authority for the road notify him that they do not intend to make an order, the Secretary of State may by order under this subsection make any such provision as he might have made by a traffic regulation order if he had been the traffic authority.
This Act applies to such an order as to an order made by him in relation to a road for which he is the traffic authority.
[F13(4A) In subsection (1)(a)(v) above, “ SSSI agreement ” has the same meaning as in section 15A of the Countryside Act 1968 ]
[F14(5)In subsection (2) above the reference to conserving the natural beauty of an area shall be construed as including a reference to conserving its flora, fauna and geological and physiographical features.]
Textual Amendments
F1Words in s. 22(1)(a) omitted (E.W.) (30.1.2001) by virtue of 2000 c. 37, ss. 66(1)(a), 103(2) and repealed (E.W.) (30.1.2001 for E. and 1.5.2001 for W.) by 2000 c. 37, s. 102, Sch. 16 Pt. II; S.I. 2001/114, art. 2(1)(d)(i)(g); S.I. 2001/1410, art. 2(i)(n)
F2Words in s. 22(1)(a)(ii) inserted (E.W.) (1.4.2001 for E. and 1.5.2001 for W.) by 2000 c. 37, s. 93, Sch. 15 para. 7 (with s. 84(4)-(6)); S.I. 2001/114, art. 2(2)(e); S.I. 2001/1410, art. 2(g)
F3S. 22(1)(a)(iv)(v) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 104(2); S.I. 2006/2541, art. 2
F4Word in s. 22(1)(a)(vi) omitted (E.W.) (30.1.2001) by virtue of 2000 c. 37, ss. 66(1)(b), 103(2) and repealed (E.W.) (30.1.2001 for E. and 1.5.2001 for W.) by 2000 c. 37, s. 102, Sch. 16 Pt. II; S.I. 2001/114, art. 2(1)(d)(i)(g); S.I. 2001/1410, art. 2(1)(i)(n)
F5S. 22(1)(a)(viii) and the preceding word inserted (E.W.) (30.1.2001) by 2000 c. 37, ss. 66(1)(c), 103(2)
F6S. 22(1)(b) substituted (1.4.1992) by Natural Heritage (Scotland) Act 1991 (c. 28, SIF 46:1), s. 27(1), Sch. 10 para. 10(2); S.I. 1991/2633, art. 4
F7Words in s. 22(1)(b)(ii) substituted (S.) (17.12.2010) by The National Scenic Areas (Consequential Modifications) (Scotland) Order 2010 (S.S.I. 2010/460), arts. 1, 3
F8S. 22(1)(b)(iii) repealed (S.) (29.11.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 57, 59, Sch. 7 para. 5 (with s. 55); S.S.I. 2004/495, art. 2
F9Words in s. 22(2) substituted (E.W.) (30.1.2001) by 2000 c. 37, ss. 66(2), 103(2)
F10S. 22(3)(4) substituted (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1), Sch. 8 para. 34(2); S.I. 1991/2286, art. 2(2), Sch. 2; S.I. 1991/2288, art. 3, Sch.
F11Words in s. 22(3) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107 {Sch. 11 para. 104(3)}; S.I. 2006/2541, art. 2
F12Words in s. 22(3) substituted (1.4.1992) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1), Sch. 8 para. 34(3); S.I. 1991/2286, art. 2(2), Sch. 2; S.I. 1991/2288, art. 3, Sch.; Natural Heritage (Scotland) Act 1991 (c. 28, SIF 46:1), Pt. I (ss. 1 - 14); S.I. 1991/2633, art. 4
F13S. 22(4A) inserted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 104(4); S.I. 2006/2541, art. 2
F14S. 22(5) inserted (E.W.) (30.1.2001) by 2000 c. 37, ss. 66(3), 103(2)
Marginal Citations
M11968 c. 41(46:1).