S. 101(3) modified (19.9.1995) by 1995 c. 25, ss. 61(3)(a), 125(2) (with ss. 7(6), 115, 117, Sch. 8 para. 7)
Words repealed by Highways Act 1959 (c. 25), Sch. 25 and London Government Act 1963 (c. 33, SIF 81:1), Sch. 6 para. 70
S. 101(9) repealed by Countryside Act 1968 (c. 41, SIF 46:1), Sch. 5
Words repealed by Countryside Act 1968 (c. 41, SIF 46:1), Sch. 5
S. 102 repealed by Local Government Act 1972 (c. 70, SIF 81:1), Sch. 30
S. 104 extended by Countryside Act 1968 (c. 41, SIF 46:1), s. 46(1), excluded by ibid., Sch. 2 para. 4(2)
s. 104 amended (E.W.) (19.9.1995) by 1995 c. 25, ss. 68(9), 125(2) (with ss. 7(6), 115, 117, Sch. 8 para. 7)
Words substituted by virtue of Local Government Act 1972 (c. 70, SIF 81:1), s. 272(2)
Words repealed by London Government Act 1963 (c. 33, SIF 81:1), Sch. 18 Pt. II
Ss. 104(7)(8), 105 repealed by Local Government Act 1974 (c. 7, SIF 81:1), Sch. 8
Words substituted by Local Government (Scotland) Act 1973 (c. 65, SIF 81:2), Sch. 27 Pt. II para. 104
S. 104(11) repealed (S.) by Local Government (Scotland) Act 1973 (c. 65), Sch. 29
Ss. 104(7)(8), 105 repealed by Local Government Act 1974 (c. 7, SIF 81:1), Sch. 8
S. 107 applied (30.1.2001) by 1981 c. 69, s. 28R(2)(b) (as substituted (30.1.2001) by 2000 c. 37, ss. 75(1), 103(2), Sch. 9 para. 1)
Words repealed by Highways Act 1959 (c. 25), Sch. 25 and London Government Act 1963 (c. 33, SIF 81:1), Sch. 6 para. 70
Words substituted (E.W.) by virtue of Land Compensation Act 1961 (c. 33, SIF 28:1), s. 40(1)
Words substituted (S.) by virtue of Land Compensation (Scotland) Act 1963 (c. 51, SIF 28:2), s. 47(1)
Words spent
Unreliable marginal note
S. 109 extended by Countryside Act 1968 (c. 41), s. 46(1)
Words substituted by virtue of Town and Country Planning Act 1971 (c. 78, SIF 123:1), Sch. 24 para. 2
S. 109(2): Interpretation Act 1978 (c. 30 SIF 115:1), s. 17(2)(a) applies to the construction of the reference to Acquisition of Land (Authorisation Procedure) Act 1946
Words substituted by virtue of Town and Country Planning (Scotland) Act 1972 (c. 52, SIF 123:2), Sch. 22 para. 2
S. 111 extended by Countryside Act 1968 (c. 41, SIF 46:1), s. 46(1) and by Local Government Act 1972 (c. 70, SIF 81:1), Sch. 17, para. 40
S. 113 extended by Countryside Act 1968 (c. 41, SIF 46:1), s. 46(5)
S. 103 extended by Countryside Act 1968 (c. 41, SIF 46:1), s. 46(1)
S. 103(1) substituted by Nature Conservancy Council Act 1973 (c. 54, SIF 46:1), Sch. 1 para. 2(1)
S. 103(1)(2) extended by Countryside Act 1968 (c. 41, SIF 46:1), s. 46(2)
Words inserted (prosp.) by Environmental Protection Act 1990 (c. 43, SIF 46:4), ss. 132, 164(3), Sch. 9 para. 1(4)(a)
S. 103(1A) inserted by Acquisition of Land Act 1981 (c. 67, SIF 28:1), s. 34, Sch. 4 para. 8
1981 c. 67(28:1).
1965 c. 56(28:1).
S. 103(2) repealed (E.W.) by Acquisition of Land Act 1981 (c. 67, SIF 28:1), s. 34, Sch. 6 Pt. I
Words substituted by Nature Conservancy Council Act 1973 (c. 54, SIF 46:1), Sch. 1 para. 2(2)
Words “the Nature Conservancy Council for Scotland” substituted (prosp.) for “the Nature Conservancy Council” by Environmental Protection Act 1990 (c. 43, SIF 46:4), ss. 132, 164(3), Sch. 9 para. 1(4)(b)
S. 103(3) repealed by Land Compensation Act 1961 (c. 33, SIF 28:1), Sch. 5 and Land Compensation (Scotland) Act 1963 (c. 51, SIF 28:2), Sch. 4
S. 103(4) repealed by Acquisition of Land Act 1981 (c. 67, SIF 28:1), s. 34, Sch. 6 Pt. I
Words substituted by virtue of Local Government Act 1972 (c. 70, SIF 81:1), s. 272(2)
Words repealed (E.W.) by Acquisition of Land Act 1981 (c. 67, SIF 28:1), s. 34, Sch. 6 Pt. I
Words substituted by Local Government (Scotland) Act 1973 (c. 65, SIF 81:2), Sch. 27 Pt. II para. 103
S. 106 extended by Wildlife and Countryside Act 1981 (c. 69, SIF 81:1), s. 272(2)
Words substituted by virtue of Local Government Act 1972 (c. 70, SIF 81:1), s. 272(2)
Words substituted by Nature Conservancy Council Act 1973 (c. 54, SIF 46:1), Sch. 1 para. 2(2)
Words inserted (prosp.) by Environmental Protection Act 1990 (c. 43, SIF 46:4), ss. 132, 164(3), Sch. 9 para. 1(5)
Words substituted by Local Government (Scotland) Act 1973 (c. 65, SIF 81:2), Sch. 27 Pt. II para. 105
S. 108 extended by Countryside Act 1968 (c. 41, SIF 46:1), s. 46(1)
S. 108(1)(b) repealed by Highways Act 1959 (c. 25), Sch. 25 and London Government Act 1963 (c. 33, SIF 81:1), Sch. 6 para. 70
Words substituted by Countryside Act 1968 (c. 41, SIF 46:1), s. 46(3)
Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 389F, 289G (as inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 54)
S. 111A inserted by Norfolk and Suffolk Broads Act 1988 (c. 4, SIF 81:1), ss. 2(5)(6), 23(2), 27(2), Sch. 3 para. 2
1878 c. cxxvii.
S. 112(2) extended by Countryside Act 1968 (c. 41, SIF 46:1), s. 46(4)
Definition spent
Definitions inserted (prosp.) by Environmental Protection Act 1990 (c. 43, SIF 46:4), ss. 130, 164(3), Sch. 8 para. 1(16)
Words substituted by virtue of Land Drainage Act 1976 (c. 70, SIF 73:1), Sch. 6 para. 9
Words substituted by virtue of S.I. 1951/142 (1951 I, p. 1348), art. 2, 1951/1900 (1951 I, p. 1347), 1965/143, arts. 2(2), 3(1), 1965/319, arts. 2(1), 10(1), Sch. 1 Pt. I and 1970/1681, arts. 2, 6(3)
Definition of “open-air recreation” restricted by Countryside Act 1968 (c. 41, SIF 46:1), s. 21(6)
Definition repealed by Water Resources Act 1963 (c. 38, SIF 130), Sch. 14 Pt. I
Words substituted by virtue of Town and Country Planning Act 1971 (c. 78, SIF 123:1), Sch. 24 para. 2
Words substituted by virtue of Town and Country Planning (Scotland) Act 1972 (c. 52, SIF 123:2), Sch. 22 para. 2
Words substituted by Countryside Act 1968 (c. 41, SIF 46:1), s. 21(7)
The following provisions of this section shall have effect for applying certain provisions of this Act to Crown land, that is to say land an interest in which belongs to His Majesty in right of the Crown or the Duchy of Lancaster, or to the Duchy of Cornwall, and land an interest in which belongs to a Government department or is held in trust for His Majesty for the purposes of a Government department.
A National Park may include Crown land, and with the consent of the appropriate authority the powers conferred by Part II of this Act may be exercised as respects any interest in Crown land.
Where a National Park includes any Crown land, the appropriate authority and the local planning authority in whose area the land is situated may enter into an agreement for securing that, so far as any interest held by or on behalf of the Crown is concerned and so far as may be provided by the agreement, the land will be managed in a manner consistent with the accomplishment of either or both of the purposes specified in subsection (1) of section five of this Act.
The appropriate authority may enter into an agreement under Part III of this Act as respects an interest in Crown land held by or on behalf of the Crown, and an agreement thereunder as respects any other interest in Crown land shall not have effect unless approved by the appropriate authority.
An interest in Crown land, other than one held by or on behalf of the Crown, may be acquired under the said Part III, but only with the consent of the appropriate authority.
Parts IV and V of this Act shall apply to Crown land, but subject to the following modifications, that is to say,—
no . . .
no such land shall be acquired under the said Part IV or V except with such consent; and
if any land comprised in an access agreement or order, not being excepted land as defined for the purposes of the said Part V, becomes Crown land while it is so comprised, the access agreement or order shall cease to apply to the land unless the appropriate authority consent to the continued application thereto of the agreement or order.
Section eighty-nine of this Act shall apply to Crown land if the appropriate authority consents to its application thereto, but subject to the following modifications, that is to say—
an interest in Crown land may be acquired for the purposes of the said section eighty-nine only with the consent of the appropriate authority;
if any land affected by arrangements under subsection (3) of that section or an agreement under subsection (6) thereof becomes Crown land, the arrangements or agreement shall cease to apply to the land unless the appropriate authority consent to the continued application thereto of the arrangements or agreement.
Byelaws made under this Act shall apply to Crown land if the appropriate authority consents to their application thereto.
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Notwithstanding anything in subsection (3) or subsection (6) of this section—
an agreement authorised by the said subsection (3) and made . . .
in considering whether to make or approve an agreement authorised by the said subsection (3), or an access agreement, relating to land belonging to a Government department or held in trust for His Majesty for the purposes of a Government department, the department and the Treasury shall have regard to the purposes for which the land is held by or for the department.
In this section the expression “
in the case of land belonging to His Majesty in right of the Crown, the Commissioners of Crown Lands or other Government department having the management of the land in question;
in the case of land belonging to His Majesty in right of the Duchy of Lancaster, the Chancellor of the Duchy;
in the case of land belonging to the Duchy of Cornwall, such person as the Duke of Cornwall or the possessor for the time being of the Duchy of Cornwall appoints;
in the case of land belonging to a Government department or held in trust for His Majesty for the purposes of a Government department, that department;
and if any question arises under this section as to what authority is the appropriate authority in relation to any land, that question shall be referred to the Treasury, whose decision shall be final.
Any power conferred by this Act on the Nature Conservancy Council
The
In relation to the compulsory acquisition of land under this Act by
Provided that section two of the said Act (which confers temporary powers for the speedy acquisition of land in urgent cases) shall not apply to any such compulsory acquisition as is mentioned in this subsection.
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The following provision shall have effect, in relation to the acquisition of land under this Act, in substitution for
In this section, and in any enactment in this Act which confers a power to acquire land compulsorily, the expression “
In the application of this section to Scotland there shall be substituted, for references to the
The following provisions of this section shall have effect with respect to the disposal or appropriation by any local authority of land which has been acquired by them under this Act or appropriated by them for purposes for which land can be aquired under this Act, and is for the time being held by the authority for the purposes for which it was acquired or appropriated.
Subject to the provisions of subsections (5) and (6) of this section—
where any such land was acquired or appropriated by the authority for a purpose involving the disposal thereof by the authority or for a purpose which in the opinion of the authority can best be achieved by the disposal thereof, or which can be achieved consistently with the disposal thereof, they may dispose of the land to such person, in such manner and subject to such conditions as may appear to the authority to be expedient in order to secure that the land will be best dealt with having regard to the purpose for which it was acquired;
where any such land is no longer required for the purpose for which it is held, the authority may dispose thereof to such person, in such manner and subject to such conditions as may appear to the authority to be expedient, having regard to the nature and situation of the land, in order to secure the best use of the land.
Subject to the provisions of subsection (5) of this section, the authority may appropriate any such land, where the land is no longer required for the purpose for which it is held, for any other purpose for which the authority are or may be authorised in any capacity to acquire land under this Act or by or under any other enactment.
In relation to an appropriation under the last foregoing subsection,
The consent of the Minister shall be requisite to any disposal or appropriation of land by a local authority under this section, and may be given as respects either a particular disposal or appropriation or disposals or appropriations of any class, and either subject to or free from any conditions or limitations.
The consent of the Minister to a sale by a local authority under this section of the freehold in any land, or to a lease by them thereunder of any land for a term of more than ninety-nine years, shall not be given unless he is satisfied that there are exceptional circumstances which render the disposal of the land in that manner expedient as mentioned in subsection (2) of this section.
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In this section references to disposal of land shall be construed as references to disposal thereof in any manner (otherwise than by appropriation) whether by way of sale, exchange or lease, by the creation of any easement, right or privilege, or in any other manner, except disposal by way of gift, mortgage or charge.
In relation to any such land as is mentioned in subsection (1) of this section, this section shall have effect to the exclusion of the provisions of
In the application of this section to Scotland, the following provision shall be substituted for subsection (4) of this section, that is to say—
on any appropriation being made under the last foregoing subsection proper adjustments in respect thereof shall be made in the accounts of the authority
and the following provision shall be substituted for subsection (9) of this section, that is to say—
In this section references to disposal of land shall be construed as references to disposal thereof in any manner (otherwise than by appropriation), whether by way of sale, feu, excambion or lease, by the creation of any servitude, right or privilege, or in any other manner except disposal by way of gift or in security
and subsections (6), (7) and (8) shall be omitted.
In relation to byelaws made under this Act the confirming authority for the purposes of the said
Any authority having power under this Act to make byelaws shall have power to enforce byelaws made by them.
The following provisions shall have effect in the application of this section to Scotland:—
for references to
nothing in the last foregoing subsection shall be construed as authorising any such authority as is mentioned therein to institute proceedings in Scotland for an offence.
The following provisions shall have effect as to compensation under section twenty of this Act, under that section as applied by section twenty-one thereof . . .
Any dispute arising on a claim for any such compensation shall be determined by the Lands Tribunal.
For the purposes of any reference to the Lands Tribunal under the last foregoing subsection,
Rules 2 to 4 of the Rules set out in
In the case of an interest in land subject to a mortgage—
any such compensation in respect of the depreciation of that interest shall be calculated as if the interest were not subject to the mortgage;
a claim or application for the payment of any such compensation, or an application for the recording of a claim in respect of the interest under subsection (1) of section seventy-two of this Act, may be made by any person who when the byelaws or order giving rise to the compensation were or was made was the mortgagee of the interest, or by any person claiming under such a person, but without prejudice to the making of a claim or application by any other person;
a mortgagee shall not be entitled to any such compensation in respect of his interest as such; and
any compensation payable in respect of the interest subject to the mortgage shall be paid to the mortgagee, or, where there is more than one mortgagee, to the first mortgagee, and shall in either case be applied by him as if it were proceeds of sale.
This section shall apply to Scotland—
with the substitution for any reference to the Lands Tribunal of a reference to the Lands Tribunal for Scotland; and
with the substitution respectively for any reference to a mortgage, to a mortgagee, and to the first mortgagee, of a reference to a heritable security, to the creditor in a heritable security, and to the creditor whose heritable security has priority over any other heritable securities secured on the land:
Provided that until sections one to three of the
For the purpose of surveying land in connection with—
the acquisition thereof or of any interest therein, whether by agreement or compulsorily,
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the making of an access order with respect thereto,
in the exercise of any power conferred by this Act, any person duly authorised in writing by the Minister or other authority having power so to acquire the land or to make the order, as the case may be, may enter upon the land.
For the purpose of surveying land, or of estimating its value, in connection with any claim for compensation payable under this Act by a Minister or other authority in respect of that or any other land, any person being an officer of the Valuation Office or a person duly authorised in writing by the authority from whom the compensation is claimed may enter upon the land.
A person authorised under this section to enter upon any land shall, if so required, produce evidence of his authority before entering; and a person shall not under this section demand admission as of right to any land which is occupied unless at least
Any person who wilfully obstructs a person in the exercise of his powers under this section shall be liable on summary conviction to a fine not exceeding
Provided that this subsection shall not apply to the service of any notice required or authorised to be served under the First Schedule to the
Subsection (1) of this section shall not apply to Scotland.
Any power conferred by this Act to make regulations shall be exercisable by statutory instrument.
Any order under Part IV, V or VI of this Act may be varied or revoked by a subsequent order made in the like manner and subject to the like provisions:
Provided that, without prejudice to the making of a new access order under Part V of this Act, an access order under the said Part V shall not be varied so as to comprise land not comprised in the original order.
Any regulations made under this Act shall be subject to annulment by a resolution of either House of Parliament.
The Minister may, after consultation with the Council of the Isles of Scilly, by order provide for the application of this Act to the Isles of Scilly as if those Isles were a separate county; and any such order may provide for the application of this Act to those Isles subject to such modifications, or to the exception of such Parts or provisions thereof, as may be specified in the order.
The power to make orders conferred by this section shall be exercisable by statutory instrument.
Sections 21 and 22 of this Act shall have effect as if the Broads Authority were a county council.
Sections 54 and 89 of this Act shall have effect as if the Broads Authority were a local planning authority.
Part V of this Act (apart from section 69) shall have effect as if the Broads Authority were a local planning authority but as if—
sections 61 to 63, 74 and 78 were omitted; and
for the purposes of sections 64, 65 and 77, the Broads were a National Park.
Section 69 of this Act shall have effect as if the Broads Authority were a county planning authority.
In this section “
The provisions of this Act mentioned in the next following subsection shall not apply to any of the lands under the regulation and management of the Corporation of London as Conservators of Epping Forest, or acquired by, and vested in, that Corporation under the
The said provisions are Part II of this Act, Part V thereof, and sections eighty-seven to ninety-four thereof.
No power conferred by Part V or Part VI of this Act to acquire land compulsorily shall be exercisable in respect of land belonging to the National Trust which is held by the Trust inalienably.
In this Act the following expressions have the meanings hereby assigned to them respectively, that is to say—
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“
“
“
“
“
“
“
“
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“
“
and, except where the context otherwise requires, other expressions have the same meanings respectively as in
References in this Act to the preservation of the natural beauty of an area shall be construed as including references to the preservation of
References in this Act to the planting of trees shall be construed as including references to the planting of bushes, the planting or sowing of flowers and the sowing of grass and the laying of turf.
References in this Act to any enactment shall be construed as references to that enactment as amended by or under any subsequent enactment including this Act.
This Act may be cited as the National Parks and Access to the Countryside Act 1949.
This Act, except Part III thereof and so much of this Part thereof as relates to the said Part III, shall not extend to Scotland; and this Act shall not extend to Northern Ireland.