National Parks and Access to the Countryside Act 1949

1 (1) Before— E+W

(a) an order designating a National Park,

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

(c) an access order,

is submitted to the Minister for confirmation, the authority by whom the order was made shall give notice in the prescribed form stating the effect of the order and that it has been made and is about to be submitted for confirmation, naming places in the locality to which the order relates where copies of the order and of the map referred to therein may be inspected, and specifying the time (not being less than twenty-eight days) within which, and the manner in which, representations or objections with respect to the order may be made.

(2) Before the Minister makes an order varying an order designating a National Park, or . . . F2 or an access order, he shall prepare a draft of the order and shall give notice stating that he proposes to make the order and the effect thereof, naming places in the locality to which the draft relates where a copy of the draft and of the map referred to therein may be inspected, and specifying the time (not being less than twenty-eight days) within which, and the manner in which, representations or objections with respect to the draft may be made.

(3) The notice to be given under either of the two foregoing sub-paragraphsshall be given—

(a) in the case of an order designating a National Park or an order varying such an order, by publication in the London Gazette, in two newspapers circulating in the country generally and in at least one local newspaper circulating in the [F3 every county or county borough which] includes any of the land to which the order relates;

(b) in the case of . . . F2 or an access order, by publication in the London Gazette and in at least one local newspaper circulating in the locality in which the land to which the order relates is situated, and by serving a like notice on every owner, lessee and occupier (except tenants for a month or any period less than a month) of any of that land, so however that—

(i) except in the case of an owner, lessee or occupier being a local authority or statutory undertakers, the Minister may in any particular case direct that it shall not be necessary to serve notice as aforesaid; but

(ii) if the Minister so directs in the case of any land, then in addition to publication the notice shall be addressed to “the owners and any occupiers” of the land (describing it) and a copy or copies of it shall be affixed to some conspicuous object or objects on the land;

(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

[F5 (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.]

(4) Where under this paragraph any notice is required to be served on an owner of land and the land [F6 belongs to an ecclesiastical benefice][F6 is vested in the incumbent of a benefice of the Church of England], a like notice shall be served on the [F6 Church Commissioners][F6 Diocesan Board of Finance for the diocese in which the land is situated].

Textual Amendments

F1 Para. 1(1)(b) repealed by Highways Act 1959 (c. 25), Sch. 25 and London Government Act 1963 (c. 33, SIF 81:1), Sch. 6 para. 70

F2 Words repealed by Highways Act 1959 (c. 25), Sch. 25 and London Government Act 1963 (c. 33, SIF 81:1), Sch. 6 para. 70

F3 Words in Sch. 1 para. 1(3)(a) substituted (1.4.1996) by 1994 c. 19, s. 20(4), Sch. 6 Pt. II para. 15(3) (with ss. 54(5)(7), 55(5), Sch. 17 para. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch. 1

F4 Para. 1(3)(c) repealed by Highways Act 1959 (c. 25), Sch. 25 and London Government Act 1963 (c. 33, SIF 81:1), Sch. 6 para. 70

F5 Sch. 1 para. 1(3A) inserted (23.11.1995) by 1995 c. 25, s. 78, Sch. 10 para. 2(9)(a) (with ss. 7(6), 115, 117, Sch. 8 para. 7); S.I. 1995/2950. art. 2(1)

F6 Words in Sch. 1 para. 1(4) substituted (E.) (1.10.2006) by Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), s. 16(2), Sch. 5 para. 4; 2006 No. 2, Instrument made by Archbishops

Modifications etc. (not altering text)

C1 Para. 1(3)(b) amended by Housing Repairs and Rents Act 1954 (c. 53), s. 50(2)(c)