Environment Act 1995

The National Parks and Access to the Countryside Act 1949 (c. 97) E+W

2 (1) In section 6 of the National Parks and Access to the Countryside Act 1949 (general duties of Countryside Commission and the Countryside Council for Wales as respects the National Parks)— E+W

(a) in subsection (3)—

(i) in paragraph (a), before “local authorities” there shall be inserted “ National Park authorities and ”; and

(ii) in paragraph (b), before “local authority” there shall be inserted “ National Park authority ”;

and

(b) in subsection (6), after “means” there shall be inserted the words “ a National Park authority or ”.

(2) In section 7 of that Act—

(a) in subsection (5) (bodies consulted about variation of the area of a National Park), after “consult with” there shall be inserted “ any National Park authority for the Park in question and with ”; and

(b) in subsection (6) (notices), after “as the case may be” there shall be inserted “ at the offices (where the order is for the variation of an order designating a Park) of any National Park authority for the Park in question ”.

(3) In section 9(1) of that Act (local planning authority to consult Countryside Commission or Countryside Council for Wales about proposals for a development plan affecting a National Park), for “the local planning authority” there shall be substituted “ the authority or authorities who are required to prepare the plan or, as the case may be, who are entitled to alter or add to it ”.

(4) In section 12(1) of that Act (provision in a National Park of facilities) for “provision in” there shall be substituted “ provision for ”.

(5) In subsection (4) of section 51 of that Act (consultation as to proposals for a long distance route)—

(a) after the word “every”, in the first place where it occurs, there shall be inserted “ National Park authority, ”;

(b) after “whose” there shall be inserted “ Park or ”; and

(c) after “every such” there shall be inserted “ authority, ”;

and in subsection (5) of that section (report to contain estimates of capital outlay by local authorities), after “local authorities” there shall be inserted “ and National Park authorities ”.

(6) In section 52(2) of that Act (notice of determination as to any proposals on long distance routes)—

(a) after “every” there shall be inserted “ National Park authority ”; and

(b) after “whose” there shall be inserted “ Park or ”.

F1 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) In section 114(2) of that Act (construction of references to the preservation of the natural beauty of an area) after the word “preservation”—

(a) in the first place where it occurs, there shall be inserted the words “ , or the conservation, ”, and

(b) in the second place where it occurs, there shall be inserted the words “ or, as the case may be, the conservation ”.

(9) In Schedule 1 to that Act (procedure for certain orders)—

(a) in paragraph 1, after sub-paragraph (3) there shall be inserted the following sub-paragraph—

“(3A) Where under this paragraph any notice is required to be given by any person in respect of any land which is already in a National Park for which a National Park authority is the local planning authority, that person shall serve a copy of that notice on that authority.”;

(b) in paragraph 2(5), after “the Council” there shall be inserted “ a National Park authority, ”;

(c) in paragraph 3(a), after “under sub-paragraph” there shall be inserted “ (3A) or ”; and

(d) after paragraph 3 there shall be inserted the following paragraph—

“3A An order designating a National Park shall have effect as from such time as may be determined by the Minister and specified in the notice of the confirmation of that order.”

Textual Amendments

F1 Sch. 10 para. 2(7) repealed (1.4.2001 for E. and 1.5.2001 for W.) by 2000 c. 37, s. 102, Sch. 16 Pt. V; S.I. 2001/114, art. 2(2)(m); S.I. 2001/1410, art. 2(q)

Commencement Information

I1 Sch. 10 para. 2 wholly in force at 1.4.1996; Sch. 10 para. 2 not in force at Royal Assent see s. 125(3); Sch. 10 para. 2(1)(3)-(9)(a)(c)(d) in force at 23.11.1995 by S.I. 1995/2950, art. 2(1) (subject to art. 2(2)); Sch. 10 para. 2(2)(9)(b) in force at 1.4.1996 by S.I. 1995/2950, art. 3(1) (subject to art. 3(2) which art. 3(2) was revoked (1.4.1997) by S.I. 1996/2560, art. 3)