The Countryside [F1 Agency] E+W

Textual Amendments

F1 Word in s. 1 cross-heading substituted (20.2.1999) by S.I. 1999/416, art. 3, Sch. 1 para. 4(5)

2 New functions of the [F2 Agency]. E+W

(1) The [F2 Agency][F3 and 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 [F2 Agency][F4 or Council], or whereby an obligation is imposed on any other person to consult with the [F2 Agency][F4 or Council].

(2) The [F5 Agency][F6 and 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 [F2 Agency][F6 or Council] to have an interest in those matters.

(3) The [F2 Agency][F6 and 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 [F2 Agency][F6 or Council] consider to be suitable.

(4) The [F2 Agency][F7 and 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 [F2 Agency][F7 or Council], or as the [F2 Agency][F7 or Council] may think fit.

(5) Where it appears to the [F2 Agency][F8 or 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 [F2 Agency][F8 or, 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 [F2 Agency][F9 or 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 [F2 Agency][F9 or Council], or the services of consultants engaged by the [F2 Agency][F9 or 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 [F2 Agency][F10 and 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 [F11 , 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 [F2 Agency][F12 and 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 [F2 Agency][F12 or Council] may deem necessary or expedient for the purposes of any of their functions.

(8) The [F2 Agency][F12 and 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 [F2 Agency][F12 or 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 [F13 informing persons resorting to the countryside of their rights and obligations].

(9) The [Agency][F12 and the Council] shall make to the Minister such recommendations as the [F2 Agency][F12 or Council] think proper in respect of applications by local authorities for Exchequer grants under . . . F14 the Act of 1949.

Textual Amendments

F2 Words in s. 2 substituted (20.2.1999) by S.I. 1999/416, art. 3, Sch. 1 para. 4(5)

F3 Words in s. 2(1) substituted (1. 4. 1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 130, Sch. 8 para. 2(3)(a); S.I. 1991/685, art. 3.

F4 Words in s. 2(1) inserted (1. 4. 1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 130, Sch. 8 para. 2(3)(a); S.I. 1991/685, art. 3.

F5 Words in s. 2 substituted (20.2.1999) by S.I. 1999/416, art. 3, Sch. 1 para. 4(5)

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

F7 Words in s. 2(4) inserted (1. 4. 1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 130, Sch. 8 para. 2(3)(c); S.I. 1991/685, art. 3.

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

F9 Words in s. 2(5)(b) inserted (1. 4. 1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 130, Sch. 8 para. 2(3)(e); S.I. 1991/685, art. 3.

F10 Words in s. 2(6) inserted (1. 4. 1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 130, Sch. 8 para. 2(3)(f); S.I. 1991/685, art. 3.

F11 Words 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)

F12 Word in s. 2(7)-(9) inserted (1. 4. 1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 130, Sch. 8 para. 2(3)(g); S.I. 1991/685, art. 3.

F13 Words substituted by Wildlife and Countryside Act 1981 (c. 69, SIF 4:5), s. 72(7)

F14 Words repealed by Local Government Act 1974 (c. 7, SIF 81:1), Sch. 8

Modifications etc. (not altering text)

C1 S. 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

C2 S. 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)