National Parks and Access to the Countryside Act 1949

2 (1) If no representations or objections are duly made, or if any so made are withdrawn, the Minister may, if he thinks fit, confirm or make the order, as the case may be, with or without modifications.

(2) If any representation or objection duly made is not withdrawn, the Minister shall, before confirming or making the order, as the case may be, if the objection is made by a local authority cause a local inquiry to be held and in any other case either—

(a) cause a local inquiry to be held, or

(b) afford to any person by whom any representation or objection has been duly made and not withdrawn an opportunity of being heard by a person appointed by him for the purpose,

and, after considering the report of the person appointed to hold the inquiry or to hear representations or objections, may confirm or make the order, as the case may be, with or without modifications:

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

(3) Notwithstanding anything in the foregoing provisions of this paragraph, the Minister shall not confirm or make an order so as to affect land not affected by the order as submitted to him or the draft order prepared by him, as the case may be, except after—

(a) giving such notice as appears to him requisite of his proposal so to modify the order, specifying the time (not being less than twenty-eight days) within which and manner in which representations or objections with respect to the proposal may be made;

(b) holding a local inquiry or affording to any person by whom any representation or objection has been duly made and not withdrawn an opportunity of being heard by a person appointed by him for the purpose; and

(c) considering the report of the person appointed to hold the inquiry or to hear representations or objections, as the case may be,

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

(4) Where, in the case of an access order, it is represented by [F3 the National Rivers Authority or a water undertaker] that any land comprised in the order as submitted to the Minister or in the draft order prepared by him, as the case may be (or, where notice of a proposed modification has been given under head (a) of the last foregoing sub-paragraph, any land to which the proposed modification relates), should be excluded from the operation of the order on the ground that by reason of—

(a) the proximity of the land to any reservoir used for the purposes of [F4 the statutory undertaking carried on by that Authority or, as the case may be, undertaker], or

(b) any other physical factor affecting the flow of water from the land into any such reservoir,

the operation of section sixty of this Act as respects that land would be likely to involve danger to the purity of the water supply which could not be prevented by the taking of any reasonable measures, sub-paragraph (2) of this paragraph, or head (c) of the last foregoing sub-paragraph, as the case may be, shall have effect in relation to that representation as if it provided for the consideration of the report therein referred to by the Minister . . . F5

(5) If, as the result of any representations or objections considered, or inquiry or other hearing held, in connection with the confirmation of an order designating a National Park or the making of an order varying such an order, the Minister is of opinion that the Commission [F6 , the Council], a [F7 county planning authority] or any other person ought to be consulted before he decides whether to confirm or make the order either with or without modifications, he shall consult the Commission [F8 , Council], authority or other person but, subject to the provisions of sub-paragraph (3) of this paragraph, shall not be under any obligation to consult any other person, or to afford any opportunity for further representations or objections or to cause any further inquiry or other hearing to be held.

Textual Amendments

F1 Para. 2(2) proviso 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 beginning “the National Rivers Authority” substituted (E.W.) by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 25 para. 13(3)(a), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58

F4 Words beginning “the statutory undertaking” substituted (E.W.) by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 25 para. 13(3)(b), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58

F5 Words omitted by virtue of S.I. 1951/753 (1951I, p. 1354), art. 7(2)

F6 Words in Sch. 1 para. 2(5) inserted (1.4.1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 130(1), Sch. 8 para. 1(17); S.I. 1991/685, art.3

F7 Words substituted by virtue of Local Government Act 1972 (c. 70, SIF 81:1), Sch. 17 para. 41

F8 Word in Sch. 1 para. 2(5) inserted (1.4.1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 130(1), Sch. 8 para. 1(17); S.I. 1991/685, art. 3