Countryside and Rights of Way Act 2000

87 General purposes and powers. E+W

[F1 (A1) It is the duty of a conservation board established in relation to an area in England, in the exercise of their functions, to seek to further—

(a) the purpose of conserving and enhancing the natural beauty of the area of outstanding natural beauty, and

(b) the purpose of increasing the understanding and enjoyment by the public of the special qualities of the area of outstanding natural beauty,

but if it appears to the board that there is a conflict between those purposes, they are to attach greater weight to the purpose mentioned in paragraph (a).]

(1) It is the duty of a conservation board [F2 established in relation to an area in Wales], in the exercise of their functions, to have regard to—

(a) the purpose of conserving and enhancing the natural beauty of the area of outstanding natural beauty, and

(b) the purpose of increasing the understanding and enjoyment by the public of the special qualities of the area of outstanding natural beauty,

but if it appears to the board that there is a conflict between those purposes, they are to attach greater weight to the purpose mentioned in paragraph (a).

(2) A conservation board, [F3 whilst fulfilling their duties under subsection (A1) or (1) (as the case may be)], shall seek to foster the economic and social well-being of local communities within the area of outstanding natural beautyF4 ... and shall for that purpose co-operate with local authorities and public bodies whose functions include the promotion of economic or social development within the area of outstanding natural beauty.

(3) Sections 37 and 38 of the M1 Countryside Act 1968 (general duties as to the protection of interests of the countryside and the avoidance of pollution) apply to conservation boards as they apply to local authorities.

(4) The powers of a conservation board include power to do anything which, in the opinion of the board, is calculated to facilitate, or is conducive or incidental to—

(a) the accomplishment of the purposes mentioned in subsection (1), or

(b) the carrying out of any functions conferred on it by virtue of any other provision of this Part or by virtue of any enactment not contained in this Part.

(5) The powers conferred on a conservation board by subsection (4) do not include—

(a) power to do anything in contravention of any restriction imposed by virtue of this Part in relation to any express power of the board, or

(b) power to raise money (whether by borrowing or otherwise) in a manner which is not authorised apart from that subsection,

but the things that may be done in exercise of those powers are not to be treated as excluding anything by reason only that it involves the expenditure, borrowing or lending of money or the acquisition or disposal of any property or rights.

(6) Schedule 14 (which relates to the supplemental and incidental powers of conservation boards) has effect.

(7) An order under section 86(1) may—

(a) make further provision with respect to the supplemental and incidental powers of the conservation board to which it relates or the limits on those powers, including provision relating to the borrowing of money, and

(b) provide for any enactment which relates to or limits the supplemental or incidental powers or duties of local authorities or relates to the conduct of, or transactions by, local authorities to apply in relation to the conservation board with such modifications as may be specified in the order.

Textual Amendments

F1 S. 87(A1) inserted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 245(7)(a), 255(9)(b) (with s. 247)

F2 Words in s. 87(1) inserted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 245(7)(b), 255(9)(b) (with s. 247)

F3 Words in s. 87(2) substituted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 245(7)(c), 255(9)(b) (with s. 247)

F4 Words in s. 87(2) repealed (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), s. 107, Sch. 11 para. 166, 12; S.I. 2006/2541, art. 2 (with Sch.)

Commencement Information

I1 Pt. IV (ss. 82-93) wholly in force at 1.5.2001; Pt. IV not in force at Royal Assent see s. 103(3); Pt. IV in force for E. at 1.4.2001 by S.I. 2001/114, art. 2(2)(e); Pt. IV in force for W. at 1.5.2001 by S.I. 2001/1410, art. 2(g)

Marginal Citations

M1 1968 c. 41.