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- Point in Time (12/11/2009)
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There are currently no known outstanding effects for the National Parks and Access to the Countryside Act 1949, Section 51.
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(1)Where it appears to [F1Natural England], as respects any part of England F2. . ., that the public should be enabled to make extensive journeys on foot or on horseback [F3or on a bicycle [F4not being a mechanically propelled vehicle]] along a particular route, being a route which for the whole or the greater part of its length does not pass along roads mainly used by vehicles, [F1Natural England] may prepare and submit to the Minister a report under this section.
(2)A report under this section shall contain a map showing the route, defining those parts thereof over which there exists a public right of way, and indicating in each case the nature of that right; and the report shall set out such proposals as [F5Natural England] may think fit—
(a)for the maintenance or improvement of [F6any highway along which the route passes and which is a public path, a restricted byway or a way shown in a definitive map and statement as a restricted byway or byway open to all traffic;]
(b)for the provision and maintenance of such new public paths as may be required for enabling the public to journey along the route;
(c)for the provision and operation of ferries where they are needed for completing the route; and
(d)for the provision of accommodation, meals and refreshments along the route.
(3)A report under this section may also include such recommendations as [F7Natural England] may think fit for the restriction of traffic on existing highways along which the route passes.
(4)Before preparing a report under this section [F8Natural England] shall consult every [F9National Park authority,]joint planning board, county council, F10. . . and county district council through whose [F9Park or] area the route passes; and it shall be the duty of every such [F9authority,] board or council to furnish to [F8Natural England] such information as [F8Natural England] may reasonably require for the purposes of the report.
(5)A report under this section shall contain an estimate, in such form as the Minister may require, of the capital outlay likely to be incurred in carrying out any such proposals contained therein as are mentioned in subsection (2) of this section, of the annual cost of maintaining any [F11existing highways falling within paragraph (a) of that subsection] and any new public paths provided for by the proposals, and of the annual expenditure likely to be incurred by local authorities [F12and National Park authorities] in connection with the provision and operation of ferries, and the provision of accommodation, meals and refreshments, so far as those matters are provided for by the proposals.
[F13(6)In this section—
“definitive map and statement” has the same meaning as in Part III of the Wildlife and Countryside Act 1981; and
“restricted byway” has the same meaning as in Part II of the Countryside and Rights of Way Act 2000.]
Textual Amendments
F1Words in s. 51(1) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), s. 107, Sch. 11 para. 10(e); S.I. 2006/2541, art. 2 (with Sch.)
F2Words in s. 51(1) repealed (1.4.1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 130(1), Sch. 8 para. 1(7); S.I. 1991/685, art. 3
F3Words inserted by Countryside Act 1968 (c. 41, SIF 46:1), s. 21(2)
F4Words in s. 51(1) substituted (30.1.2001) by 2000 c. 37, ss. 67, 103(2), Sch. 7 para. 1
F5Words in s. 51(2) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), s. 107, Sch. 11 para. 10(e); S.I. 2006/2541, art. 2 (with Sch.)
F6Words in s. 51(2)(a) substituted (2.5.2006 for E. 11.5.2006 for W.) by Countryside and Rights of Way Act 2000 (c. 37), s. 103(3), Sch. 5 para. 12(2); S.I. 2006/1172, art. 2(g)(iv); S.I. 2006/1279, art. 2(g)
F7Words in s. 51(3) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), s. 107, Sch. 11 para. 10(e); S.I. 2006/2541, art. 2 (with Sch.)
F8Words in s. 51(4) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), s. 107, Sch. 11 para. 10(e); S.I. 2006/2541, art. 2 (with Sch.)
F9Words in s. 51(4) inserted (23.11.1995) by 1995 c. 25, s. 78, Sch. 10 para. 2(5)(a)(b)(c) (with ss. 7(6), 115, 117, Sch. 8 para. 7); S.I. 1995/2950, art. 2
F10Words repealed by Local Government Act 1972 (c. 70, SIF 81:1), Sch. 30
F11Words in s. 51(5) substituted (2.5.2006 for E. 11.5.2006 for W.) by Countryside and Rights of Way Act 2000 (c. 37), s. 103(3), Sch. 5 para. 12(3); S.I. 2006/1172, art. 2(g)(iv); S.I. 2006/1279, art. 2(g)
F12Words in s. 51(5) inserted (23.11.1995) by 1995 c. 25, s. 78, Sch. 10 para. 2(5) (with ss. 7(6), 115, 117, Sch. 8 para. 7); S.I. 1995/2950, art. 2
F13S. 51(6) inserted (2.5.2006 for E. 11.5.2006 for W.) by Countryside and Rights of Way Act 2000 (c. 37), s. 103(3), Sch. 5 para. 12(4); S.I. 2006/1172, art. 2(g)(iv); S.I. 2006/1279, art. 2(g)
Modifications etc. (not altering text)
C1S. 51 excluded (24.9.2014) by The Thames Water Utilities Limited (Thames Tideway Tunnel) Order 2014 (S.I. 2014/2384), art. 1, Sch. 19 Pt. 1 para. 12
C2S. 51(2)(a)(5) extended by Wildlife and Countryside Act 1981 (c. 69, SIF 4:5), ss. 54(6)(7)
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