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Countryside Act 1968

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Version Superseded: 01/10/2006

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2 New functions of the [F1Agency]. E+W

(1)The [F1Agency][F2and the Council shall each] have the general duties imposed by this section, but nothing in this section shall be construed as modifying the effect of any provision of this Act or of the Act of 1949 whereby any general or specific power or duty is conferred or imposed on the [F1Agency][F3or Council], or whereby an obligation is imposed on any other person to consult with the [F1Agency][F3or Council].

(2)The [F4Agency][F5and the Council] shall keep under review all matters relating to—

(a)the provision and improvement of facilities for the enjoyment of the countryside,

(b)the conservation and enhancement of the natural beauty and amenity of the countryside, and

(c)the need to secure public access to the countryside for the purposes of open-air recreation,

and shall consult with such local planning authorities and other bodies as appear to the [F1Agency][F5or Council] to have an interest in those matters.

(3)The [F1Agency][F5and the Council] shall encourage, assist, concert or promote the implementation of any proposals with respect to those matters made by any person or body, being proposals which the [F1Agency][F5or Council] consider to be suitable.

(4)The [F1Agency][F6and the Council] shall advise any Minister having functions under this Act, or any other Minister or any public body, on such matters relating to the countryside as he or they may refer to the [F1Agency][F6or Council], or as the [F1Agency][F6or Council] may think fit.

(5)Where it appears to the [F1Agency][F7or to the Council] that the provision and improvement of facilities for enjoyment of the countryside or the conservation and enhancement of the natural beauty and amenity of the countryside presents special problems or requires special professional or technical skill, the [F1Agency][F7or, as the case may be, the Council]

(a)shall notify their opinion to the appropriate local planning authority or other public body, and

(b)on the application of any such authority or other body in any case where it appears to the [F1Agency][F8or Council] expedient having regard to the provisions of section 1(2) of this Act, and to the provisions of section 5(1) of the Act of 1949 (general provisions as respects National Parks), shall place the services of officers or servants of the [F1Agency][F8or Council], or the services of consultants engaged by the [F1Agency][F8or Council], at the disposal of the authority or other body for such period as may be agreed between them, and on such terms as to payment or otherwise, as may be so agreed with the approval of the Minister.

(6)The [F1Agency][F9and the Council] shall make to local planning authorities and other public bodies, as respects the exercise of the powers of making byelaws conferred by this Act [F10, the Act of 1949 and Part I of the Countryside and Rights of Way Act 2000], recommendations as to the matters in respect of which byelaws should be made.

(7)The [F1Agency][F11and the Council] shall carry out, or commission the carrying out of, such inquiries, investigations or researches, either on their own account or jointly with other persons, as the [F1Agency][F11or Council] may deem necessary or expedient for the purposes of any of their functions.

(8)The [F1Agency][F11and the Council] shall provide, or assist in the provision of, publicity and information services relating to the countryside, to places of beauty or interest therein, or to the functions of the [F1Agency][F11or Council], and shall take such steps as appear to them expedient for securing that suitable methods of publicity are used for the prevention of damage in the countryside and for [F12informing persons resorting to the countryside of their rights and obligations].

(9)The [Agency][F11and the Council] shall make to the Minister such recommendations as the [F1Agency][F11or Council] think proper in respect of applications by local authorities for Exchequer grants under . . . F13 the Act of 1949.

Textual Amendments

F1Words in s. 2 substituted (20.2.1999) by S.I. 1999/416, art. 3, Sch. 1 para. 4(5)

F4Words in s. 2 substituted (20.2.1999) by S.I. 1999/416, art. 3, Sch. 1 para. 4(5)

F10Words in s. 2(6) substituted (1.4.2001 for E. and 1.5.2001 for W.) by 2000 c. 37, s. 46(3), Sch. 4 para. 4 (with s. 43); S.I. 2001/114, art. 2(2)(b)(j); S.I. 2001/1410, art. 2(b)(j)

Modifications etc. (not altering text)

C1S. 2 extended 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. 1(2)(xiv), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58

C2S. 2(5)(b) modified (19.9.1995) by 1995 c. 25, ss. 61(3)(b), 125(2) (with ss. 7(6), 115, 117, Sch. 8 para. 7)

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