Countryside Act 1968

3

The authority shall not confirm a public path extinguishment order or a public path diversion order unless satisfied on all the matters on which the Minister must, under section 110(2), or as the case may be section 111(5), of the Act be satisfied when it is the Minister who is confirming the order.

4

The words " or confirmed as an unopposed order" shall be inserted—

• (a) in section 28(1), section 110(1) and section 111(1) of the Act of 1959 after the words " and submitted to and confirmed by the Minister of Housing and Local Government",

• (b) in paragraph 1(1) of Schedule 7 to the Act of 1959 after " Government for confirmation ", and

• (c) in paragraph 4 of the said Schedule 7 after " confirmed or made by the Minister of Housing and Local Government",

and in paragraph (a) of the said paragraph 1(1) after "confirmation " insert " or to be confirmed as an unopposed order ".

5

Section 286(2) of the Act of 1959 (variation or revocation of orders) shall apply to a public path creation order, a public path extinguishment order, or a public path diversion order, confirmed as an unopposed order as it applies to such an order confirmed by the Minister, but so that an order confirmed in either way may be revoked or varied by a subsequent order confirmed in the other way.

6

In paragraph 3(1) of the said Schedule 7 (regulations about procedure) the word " making " shall be inserted before " submission and confirmation " .

7

These amendments of the Act of 1959 shall not affect an order made before the corning into force of this Act.

WATER RESOURCES ACT 1963 — (1963 c. 38)

Section 67 (compulsory powers for carrying out works of building or engineering)

The applicants for an order under section 67 which would authorise the stopping up or diversion of a footpath or bridleway shall, not later than the date on which the notice required by paragraph 2 of Part I of Schedule 8 to the Act is first published, cause a copy of the notice to be displayed in a prominent position at the ends of the part of the path or way to be stopped up or diverted.

PART II — Revision of Maps and Statements

1

Any review or further review begun under section 33 of the Act of 1949 after the coming into force of this Act shall be carried out in accordance with this Part of this Schedule, and subsections (1) and (2) of section 34 of the Act of 1949 shall not apply to it.

2

• (1) Before carrying out the review the authority shall consult with the councils of county districts and parishes in the area of the authority as to the arrangements to be made for the provision by the councils of information for the purposes of the review, and subsections (2), (3) and (4) of section 28 of the Act of 1949 shall apply to the arrangements.

• (2) If the authority is a joint planning board the reference in sub-paragraph (1) above to the councils of county districts and parishes shall include a reference to the council of every county or county borough wholly or partly comprised in the area of the board.

3

The review shall include the preparation of a revised map and statement in draft.

4

• (1) On completing the preparation of the draft map and statement (hereafter called the " draft revision ") the authority shall notify the Minister and shall publish in the London Gazette and in one or more newspapers circulating in the area of the authority a notice of the preparation of the draft revision stating—

• (a) the places where copies of the draft revision can be inspected at all reasonable hours,

• (b) the time (not being less than 28 days) within which, and the manner in which, representations or objections with respect to alterations effected by the draft revision, or to anything omitted therefrom, may be made to the Minister.

• (2) If the alterations effected by the draft revision include a new item showing a public path, or a road used as a public path, or any alteration of the particulars concerning a public path, or road used as a public path, section 29(2) of the Act of 1949 (right of owner and other interested persons to require the authority to give information about documents taken into account by the authority) shall apply with any necessary modifications.

• (3) If any representation or objection is duly made in respect of alterations effected by the draft revision, or of anything omitted therefrom, and is not withdrawn, the Minister shall cause a local inquiry to be held.

• (4) If any such representation or objection is duly made, and is not withdrawn, the Minister shall, subject to the following provisions of this paragraph, and after taking into consideration any report by the person appointed to hold the local inquiry, take a decision on the objection or representation, and if he considers that the draft revision should be modified to give effect to his decision he shall give to the authority such directions as appear to him necessary for the purpose.

• (5) If it appears to the Minister that any modification which he proposes to make under sub-paragraph (4) above may adversely affect any persons other than the person who made the representation or objection, he shall, before giving any direction to the authority, afford to those persons an opportunity of being heard by a person appointed by the Minister.

5

• (1) This paragraph has effect as respects the revised map and statement, if any, to be prepared under subsection (4) or proviso (d) of subsection (5) of section 33 of the Act of 1949 (map and statement to be prepared on completion of the review except where there is no change).

• (2) The map and statement shall be prepared as soon as may be after the time prescribed by the notice under paragraph 4(1)(b) above, and after any representations or objections duly made, and not withdrawn, have been dealt with by the Minister.

• (3) The authority shall publish in the London Gazette and in one or more newspapers circulating in the area of the authority notice of the preparation of the map and statement, and of places where copies of the map and statement may be inspected at all reasonable hours.

• (4) The particulars to be contained in the map and statement shall be those contained in the draft revision, subject to such modifications as may be required for giving effect to any direction given by the Minister under paragraph 4(4) above.

• (5) The authority shall furnish to the Minister such number of copies of the revised map and statement, as prepared in definitive form, as he may require.

• (6) Subsections (4), (5) and (6) of section 32 of the Act of 1949 (effect of definitive maps and statements) shall apply to the said revised map and statement as they apply to an (unrevised) definitive map and statement.

6

This Part of this Schedule shall be construed as one with section 33 of the Act of 1949.

PART III — Roads Used as Public Paths

The special review

7

In this Part of this Schedule the " special review " carried out by any authority means the first review begun by that authority after the coming into force of this Act.

8

• (1) Subject to the provisions of this paragraph, the draft revision in the special review shall be published not later than three years after the date of the coming into force of this Act.

• (2) If on the said date the authority have not completed a survey or revision begun earlier—

• (a) the draft revision in the special review shall be published not later than three years after the date of the coming into force of this Act, or one year after notice is published of the completion of the survey or earlier review, whichever is the later,

• (b) the special review (hereafter in this Schedule called a " limited special review ") shall be confined to a review of roads used as public paths in accordance with this Part of this Schedule:

Provided that if on a review begun before the date of the coming into force of this Act no revised map and statement has been published in draft before that date, the review shall be abandoned, and shall be begun again under Part II of this Schedule as the special review.

• (3) If it appears to the Minister that any stage of a special review has been or is likely to be unduly delayed, he may give to the authority such directions as appear to the Minister appropriate for expediting the review, and it shall be the duty of the authority to comply with the directions.

Reclassification of roads used as public paths

9

• (1) In the special review the draft revision, and the definitive map and statement, shall show every road used as a public path by one of the three following descriptions—

• (a) a " byway open to all traffic ",

• (b) a " bridleway ",

• (c) a " footpath ",

and shall not employ the expression " road used as a public path " to describe any way.

• (2) As from the date of publication of the definitive map and statement in the special review—

• (a) each way shown in the map in pursuance of this paragraph by any of the three descriptions shall be a highway maintainable at the public expense,

• (b) subject to paragraph (c) below, any entry in the map describing a way as a " byway open to all traffic " shall be conclusive evidence of the existence on the date of publication of a public right of way for vehicular and all other kinds of traffic,

• (c) section 32(4)(c) of the Act of 1949 (position and width, and limitations or conditions affecting the public right of way, as shown in the statement) shall apply to any byway so shown as it applies to a footpath or bridleway.

• (3) In this paragraph " road used as a public path " means—

• (a) a way which is shown as a " road used as a public path " in the last definitive map and statement, or

• (b) a way which is shown as a " bridleway " or as a " footpath " in the last definitive map and statement, and which in the opinion of the authority ought to have been there shown as a road used as a public path, or

• (c) where the special review is not a limited special review, a way which in the opinion of the authority would, but for the provisions of this Part of this Schedule, have fallen to be shown, in the definitive map and statement resulting from the special review, as a road used as a public path.

• (4) In subsection (2)(a) and in subsection (5) of section 51 of the Act of 1949 (long distance routes) references to roads used as public paths shall include references to any way shown on a definitive map and statement as a " byway open to all traffic ".

• (5) Nothing in this paragraph shall limit the operation of road traffic orders under the Road Traffic Regulation Act 1967 or oblige a highway authority to provide, on a way shown on a definitive map as a " byway open to all traffic ", a metalled carriage-way, or a carriage-way which is by any other means provided with a surface suitable for the passage of vehicles.

Test for reclassification

10

The considerations to be taken into account in deciding in which class a road used as a public path is to be put shall be—

• (a) whether any vehicular right of way has been shown to exist,

• (b) whether the way is suitable for vehicular traffic having regard to the position and width of the existing right of way, the condition and state of repair of the way, and the nature of the soil,

• (c) where the way has been used by vehicular traffic, whether the extinguishment of vehicular rights of way would cause any undue hardship.

Procedure on special review

11

• (1) Part II of this Schedule shall apply to a special review subject as follows.

• (2) The published notices shall state that the review reclassifies roads used as public paths.

• (3) The representations or objections referred to in paragraph 4 in Part II shall include representations or objections with respect to the reclassification of any road used as a public path.

• (4) The time, as stated in the published notice of the draft revision, within which any representation or objection (of any description) may be made to the draft revision shall not be less than four months.

Survey begun after commencement of Act

12

• (1) Subject to the provisions of this paragraph, paragraphs 9 and 10 above shall apply to an initial survey begun after the coming into force of this Act as if it were the first review so begun.

• (2) In paragraph 9(1), as applied to the survey, for references to the draft revision and the definitive map and statement there shall be substituted references to the map and statement in draft, provisional and definitive form, and in paragraphs 9 and 10, as applied to the survey, " road used as a public path " shall mean a way which in the opinion of the authority would, but for the provisions of this Part of this Schedule, have fallen to be shown, in the definitive map and statement resulting from the survey, as a road used as a public path.

Interpretation and construction

13

• (1) In this Part of this Schedule references to a definitive map and statement include references to a revised map and statement prepared in definitive form.

• (2) This Part, and Part IV, of this Schedule shall be construed as one with Part IV of the Act of 1949.

PART IV — Timing of Reviews

14

• (1) The period covered by a review, that is to say the period between the two dates specified in section 33(1) of the Act of 1949, shall not exceed five years:

Provided that this sub-paragraph shall not affect the validity of any review or of any document prepared or thing done in consequence of a review.

• (2) The interval between the end of the period covered by a review and the publication of the draft revision shall be—

• (a) in the case of the special review, not more than two years, and

• (b) in the case of any subsequent review, not more than six months.

• (3) In the case of a limited special review—

• (a) sub-paragraphs (1) and (2) above shall not apply, and

• (b) the period covered by the next subsequent review shall begin with the relevant date for the original survey, or the date of review of the last review before the special review, whichever is the later.

• (4) Section 33(3) of the Act of 1949 (which is superseded by sub-paragraph (1) above) shall not apply to a review begun after the corning into force of this Act.

SCHEDULE 4

Planning committees

1

• (1) Part I of Schedule 2 to the Town and Country Planning Act 1962 (appointment of planning committees) shall have effect as if all appropriate countryside functions exercisable by county councils or county borough councils were functions conferred on them as local planning authorities.

• (2) The functions to be delegated to a separate planning committee, or separate sub-committee of a planning committee, appointed in pursuance of section 8(3) of the Act of 1949 (for the part of the "area of a local planning authority within a National Park, with or without any part of the remainder of the area) shall include, in addition to such of the local planning authority's functions under the said Act of 1962 and the Act of 1949 as are so delegated in pursuance of the said section 8(3), such other appropriate countryside functions exercisable by the local planning authority (whether as a local planning authority or as the council of a county or county borough) as may be agreed between the local planning authority and the Commission, or as in default of agreement the Minister may determine.

• (3) The committee or sub-committee may under the said section 8(3) as extended by sub-paragraph (2) above be authorised to exercise any appropriate countryside functions for all or any part of the area of the local planning authority which is outside the area for which the committee or sub-committee is appointed.

• (4) The purposes for which a committee may be appointed under section 85 of the Local Government Act 1933 (general power to appoint local authority committees) shall include the discharge of any appropriate countryside functions, including any such functions which the local authority in question exercise as a local planning authority.

This sub-paragraph has effect notwithstanding that subsection (5) of the said section 85 restricts that section where the local authority are authorised to appoint a committee by any other enactment, and notwithstanding that the said Part I of Schedule 2 to the Act of 1962 as amended by this paragraph is such an enactment; but this sub-paragraph shall not affect the provisions of the said section 8(3) of the Act of 1949.

Local planning authorities' joint advisory committees

2

• (1) The purposes for which under Part II of Schedule 2 to the said Act of 1962 a joint advisory committee may be established by local planning authorities or the Minister shall include the purpose of advising as to the exercise of any appropriate countryside functions exercisable by any of the local planning authorities concerned (whether as local planning authorities or as councils of counties or county boroughs).

• (2) The functions of a joint advisory committee established, whether before or after the passing of this Act, to meet the requirements of section 8(4) of the Act of 1949 (which requires such a committee to be established where in consequence of a direction under the proviso to subsection (2) of that section there is no one local planning authority for the whole of a National Park) shall include the giving of advice on the exercise of any functions exercisable by the local planning authorities concerned (whether as local planning authorities or as councils of counties or county boroughs) which are conferred by this Act as respects the National Park, but without prejudice to the power given by sub-paragraph (1) above to confer other advisory functions on the joint advisory committee.

• (3) Sub-paragraph (1) above shall not have effect so as to restrict the purposes for which a joint committee may be appointed under section 91 of the Local Government Act 1933 (general power to appoint joint committees of local authorities) notwithstanding that, under subsection (4) of that section, a joint committee is not to be appointed under that section for any purpose for which the local authorities are authorised to appoint a joint committee by any other enactment, and that sub-paragraph (1) above is such an enactment.

Joint planning boards

3

An order under section 2(2) of the said Act of 1962 (joint planning boards) may authorise a joint planning board, including one established pursuant to section 8(2) of the Act of 1949 for a National Park, to exercise any appropriate countryside functions exercisable by the councils of counties and county boroughs wholly or partly in the area of the joint planning board ; and any functions so conferred shall be treated for the purposes of Part I of the said Schedule 2 as functions exercisable by the joint planning board as a local planning authority.

Appointment of members of board or committee for National Park area

4

• (1) Not less than one third of the members of—

• (a) a joint board or joint advisory committee constituted for an area being or including the whole or any part of a National Park, or

• (b) a planning committee, or sub-committee of a planning committee, for such an area, where no joint board is constituted for the area,

shall be persons appointed by the Minister after consultation with the Commission:

Provided that if in any particular case the Minister, with the agreement of the Commission, so determines, this sub-paragraph shall have effect as if for the words " one third " there were substituted the words " one quarter ".

• (2) The persons appointed in pursuance of sub-paragraph (1) above shall hold office for such period, not being less than one year nor more than three years, as the Minister may, after consultation with the Commission, determine and shall be eligible for re-appointment.

• (3) This paragraph shall not affect any appointment made before this Act comes into force.

• (4) This paragraph shall be construed as if it formed part of section 8 of the Act of 1949 (administration of functions of local authorities as respects National Parks), and shall be in substitution for subsection (6) of that section.

Interpretation

5

In this Schedule " appropriate countryside functions " means such functions under this Act, the Act of 1949, or any other enactment, as in the opinion of the local authority or local authorities concerned, or where the functions are ones which may be conferred by an order or determination of a Minister, of that Minister, relate to the countryside and are appropriate for reference to a committee or board concerned with matters relating to the countryside.

SCHEDULE 5

Countryside Functions of Natural Resources Body for Wales .

Areas of special scientific interest.

Compulsory purchase.

Access to open country: rivers, canals and woodlands.

15A

• (1) Natural England or the NRBW may, in the circumstances set out in subsection (2), acquire compulsorily all or part of the land which it appears to that body expedient to acquire for the purpose of conserving flora, fauna, or geological or physiographical features of special interest.

• (2) The circumstances are—

• (a) that Natural England or (as the case may be) the NRBW are satisfied that they are unable to conclude, on reasonable terms, an SSSI agreement , or

• (b) that they have entered into an SSSI agreement , but they are satisfied it has been breached in such a way that the flora, fauna or geological or physiographical features referred to there are not being conserved satisfactorily.

• (3) A dispute about whether or not there has been a breach of the agreement for the purposes of subsection (2)(b) shall be determined by an arbitrator appointed by the Lord Chancellor.

• (4) Where Natural England or the NRBW have acquired land compulsorily under this section, they may—

• (a) themselves take steps to conserve the flora, fauna or geological or physiographical features in question, or

• (b) dispose of the land on terms designed to secure that those flora, fauna or features are satisfactorily conserved.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) In this section “SSSI agreement” means—

• (a) in relation to Natural England, an agreement under section 7 of the 2006 Act imposing, for the purpose of conserving flora, fauna, or geological or physiographical features of special interest, restrictions on the exercise of rights over land by persons having an interest in the land, or

• (b) in relation to the NRBW, an agreement under section 16 of the Environment (Wales) Act 2016 imposing, for the purpose of conserving flora, fauna, or geographical or physiographical features of special interest, restrictions on the exercise of rights over land by persons having an interest in the land .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Access to open country: rivers, canals and woodlands.

Avoidance of pollution.

.

47A

• (1) Sections 6 to 9 of this Act shall have effect as if the Broads Authority were a local authority.

• (2) Sections 10, . . . and 20 of this Act shall have effect as if the Broads Authority were a local planning authority.

• (3) Section 16 of this Act shall have effect as if the Broads Authority were a local planning authority and the Broads were a National Park.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) Sections 43 to 45 shall have effect as if the Broads Authority were a local authority.

• (6) In this section “the Broads” has the same meaning as in the Norfolk and Suffolk Broads Act 1988.

Part I. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Parts II-IV. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Editorial notes

[^c6834671]: Word in long title substituted (20.2.1999) by S.I. 1999/416 art. 3, Sch. 1 para. 4(5)

[^c6834681]: References to a local planning authority to be construed in accordance with Local Government Act 1972 (c. 70, SIF 81:1), s. 184(1)(2)(b)(4)(5), Sch. 17

[^c6834691]: Act wholly in force at 3.8.1968, see s. 50(3)

[^c6834701]: Act: functions transferred (E.W.) (19.9.1995) by 1995 c. 25, ss. 68(2)(a)(8), 125(2) (with ss. 7(6), 115, 117, Sch. 8 para. 7)

[^c6834711]: Act modified (E.W.) (19.9.1995) by 1995 c. 25, ss. 68(2)(b)(c), 125(2) (with ss. 7(6), 115, 117, Sch. 8 para. 7)

[^c6834721]: Act amended (1.4.1996) by S.I. 1996/593, reg. 2, sch. 1 Act (except s. 47(4)): transfer of functions (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

[^c6836131]: 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

[^c6836371]: 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)

[^c6836461]: 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)

[^c6836551]: Words substituted by Wildlife and Countryside Act 1981 (c. 69, SIF 4:5), s. 72(7)

[^c6836601]: S. 3 repealed and superseded by Wildlife and Countryside Act 1981 (c. 69, SIF 4:5), s. 47(3), Sch. 17 Pt. II

[^c6837071]: S. 5 repealed and superseded by Local Government Act 1974 (c. 7, SIF 81:1), s. 9(4), Sch. 8

[^c6837151]: Ss. 6-8 extended (19..9.1995) by 1995 c. 25, ss. 70, 125(2), Sch. 9 para. 5(a) (with ss. 7(6), 115, 117, Sch. 8 para. 7)

[^c6837161]: Words repealed by Local Government Act 1972 (c. 70, SIF 81:1), Sch. 30

[^c6837171]: Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), s. 102, Sch. 17

[^c6837181]: S. 6(2)(c) and the word “or” immediately preceding it repealed (1.4.1997) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/2650, art. 2, Sch. 1

[^c6837211]: S. 6(4)—(7) repealed by Local Government Act 1972 (c. 70, SIF 81:1), Sch. 30

[^c6837221]: Ss. 6-8 extended (19.9.1995) by 1995 c. 25, ss. 70, 125(2), Sch. 9 para. 5(a) (with ss. 7(6), 115, 117, Sch. 8 para. 7)

[^c6837231]: 1875 c. 55(100:1).

[^c6837241]: 1890 c. 59(100:1).

[^c6837251]: 1907 c. 53(100:1).

[^c6837261]: 1925 c. 71(100:1).

[^c6837271]: Words substituted by virtue of Local Government Act 1972 (c. 70, SIF 81:1), s. 272(2)

[^c6837281]: 1972 c.70(81:1).

[^c6837381]: Ss. 6-8 extended (19.9.1995) by 1995 c. 25, ss. 70, 125(2), Sch. 9 para. 5(a) (with ss. 7(6), 115, 117, Sch. 8 para. 7)

[^c6837391]: Words substituted 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. 37(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58

[^c6837411]: Words in s. 8(5) inserted (1. 4. 1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 130, Sch. 8 para. 2(5); S.I. 1991/685, art. 3.

[^c6837421]: 1949 c. 74.

[^c6837431]: 1964 c. 40.

[^c6837441]: S. 9 extended (19.9.1995) by 1995 c. 25, ss. 70, 125(2), Sch. 9 para. 5(b) (with ss. 7(6), 115, 117, Sch. 8 para. 7)

[^c6837471]: S. 11 extended by Gas Act 1986 (c. 44, SIF 44:2), s. 67(1)(3), Sch. 7 para. 2(1)(xxii), Sch. 8 para. 33

[^c6837481]: S. 11 extended by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(1)(3), Sch. 16 para. 2(1)(9), Sch. 17 para. 33, 35(1)

[^c6837491]: S. 11 extended (1.3.1996) by 1995 c. 45, s. 16(1), Sch. 4 para. 2(1)(xvii); S.I. 1996/218, art. 2

[^c6837741]: S.12 extended (19.9.1995) by 1995 c. 25, ss. 68(4), 125(2), Sch. 9 para. 5(a) (with ss. 7(6), 115, 117, Sch. 8 para. 7)

[^c6837771]: Words in s. 12(1) substituted (23.11.1995) by 1995 c. 25, s. 78, Sch. 10 para. 8(2)(with ss. 7(6), 115, 117, Sch. 8 para. 7); S.I. 1995/2950, art. 2

[^c6837821]: Words in s. 12(5) inserted (1. 4. 1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 130, Sch. 8 para. 2(6)(b); S.I. 1991/685, art. 3.

[^c6837831]: Words amend National Parks and Access to the Countryside Act 1949 (c. 97, SIF 46:1), s. 13(1)

[^c6837841]: 1949 c. 74.

[^c6837851]: 1964 c. 40.

[^c6838131]: S. 13 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

[^c6838141]: S. 13(4) modified (19.9.1995) by 1995 c. 25, ss. 61(3)(b), 125(2)(with ss. 7(6), 115, 117, Sch. 8 para. 7)

[^c6838161]: Words in s. 13(4) inserted (1. 4. 1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 130, Sch. 8 para. 2(7); S.I. 1991/685, art. 3

[^c6838171]: Words in s. 13(6)(a) substituted (1.1.1996) by 1995 c. 21, ss. 314(2), 316(2), Sch. 13 para. 41 (with s. 312(1))

[^c6838181]: Words substituted 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. 37(3), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58

[^c6838191]: S. 13(11) repealed (1.4.1997) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/2560, art. 2, Sch.

[^c6838201]: Words in s. 13(12) substituted (1.4.1996) by 1995 c. 25 s. 78, Sch. 10 para. 8(3) (with ss. 7(6), 115, 117, Sch. 8 para. 7); S.I. 1996/2950, art. 3(1)

[^c6838211]: S. 14 repealed and superseded by Wildlife and Countryside Act 1981 (c. 69, SIF 4:5), s. 42, Sch. 17 Pt. I

[^c6838451]: S. 15 amended (30.1.2001) by 1981 c. 69, s. 28J(13) (as substituted (30.1.2001) for s. 28 by 2000 c. 37, ss. 75(1), 103(2), Sch. 9 para. 1 (with Sch. 11 paras. 1-17, 20))

[^c6838461]: Words repealed by Wildlife and Countryside Act 1981 (c. 69, SIF 4:5), Sch. 17 Pt. I

[^c6838481]: Words in s. 15(2) repealed (1.4.1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), ss. 132, 162(2), Sch. 9 para. 4(2)(a), Sch. 16 Pt. VI; S.I. 1991/685, art. 3.

[^c6838491]: Words in s. 15(2) inserted (1.4.1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 132, Sch. 9 para. 4(2)(a); S.I. 1991/685, art. 3.

[^c6838501]: Word in s. 15(2) substituted (E.W.) (30.1.2001) by 2000 c. 37, ss. 75(3), 103(2)

[^c6838511]: 1925 c. 20.

[^c6838521]: 1967 c. 10.

[^c6838871]: S. 15A inserted (30.1.2001) by 2000 c. 37, ss. 75(4), 103(2)

[^c6838881]: S. 16 extended by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 189(4)—(10), 190, 193(1), Sch. 25 para. 1(2)(xiv), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58

[^c6838891]: S. 16(6)(b) repealed 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. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58, Sch. 27 Pt.I

[^c6838901]: Words added by Transport Act 1968 (c. 73, SIF 126), s. 111

[^c6838911]: 1968 c. 73(126).

[^c6838931]: S. 17 repealed by Local Government, Planning and Land Act 1980 (c. 65, SIF 81:1, 2), Sch. 34 Pt. III

[^c6838951]: S. 19 repealed (1. 4. 1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 162(2), Sch. 16 Pt. VI; S.I. 1991/685, art.3.

[^c6838961]: S. 20 amended by Local Government Act 1972 (c. 70, SIF 81:1), Sch. 17 Pt. III para. 37

[^c6839031]: The text of ss. 1(5), 21(1)—(5), 50(2), Sch. 5 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as indicated, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

[^c6839071]: Words in s. 21 substituted (20.2.1999) by S.I. 1999/416, art. 3, Sch. 1 para. 4(5)

[^c6839091]: Words amend National Parks and Access to the Countryside Act 1949 (c. 97, SIF 46:1), s. 114(2)

[^c6839101]: S. 22 repealed by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)—(10), 190(3), 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58, Sch. 27 Pt. I

[^c6839281]: S. 23(2) restricted by New Forest Act 1970 (c. 21, SIF 29:8), s. 1(2)

[^c6839291]: Words repealed by Forestry Act 1981 (c. 39, SIF 54), Sch.

[^c6839321]: S. 23(6) substituted (16.3.2000) by S.I. 2000/746, arts. 1, 2, Sch. para. 6

[^c6839331]: S. 24(3) repealed by Forestry Act 1981 (c. 39, SIF 54), Sch.

[^c6839341]: 1967 c. 10(54).

[^c6839351]: Words repealed by Forestry Act 1981 (c. 39, SIF 54), Sch.

[^c6839401]: Ss. 25, 26 repealed by Town and Country Planning Act 1971 (c. 78, SIF 123:1), Sch. 25 and Town and Country Planning (Scotland) Act 1972 (c. 52, SIF 123:2), Sch. 23

[^c6839411]: Words substituted by Wildlife and Countryside Act 1981 (c. 69, SIF 4:5), s. 65(1)

[^c6839461]: Words substituted by Wildlife and Countryside Act 1981 (c. 69, SIF 4:5), s. 65(1)

[^c6839471]: Words substituted by Highways Act 1980 (c. 66, SIF 59), Sch. 24 para. 17(a)

[^c6839481]: 1980 c. 66(59).

[^c6839501]: Words repealed by Road Traffic Regulation Act 1984 (c. 27, SIF 107:1), Sch. 14

[^c6839511]: S. 27(8) inserted by Wildlife and Countryside Act 1981 (c. 69, SIF 4:5), s. 65(2)

[^c6839521]: S. 28, 29 repealed by Highways Act 1980 (c. 66, SIF 59), Sch. 25

[^c6839561]: S. 30 amended (prosp.) by 2000 c. 37, ss. 53(5), 103(3)

[^c6839571]: S. 30(1) excluded by Wildlife and Countryside Act 1981 (c. 69, SIF 4:5), s. 66(3)

[^c6839581]: Words in s. 30(1) substituted (30.1.2001) by 2000 c. 37, ss. 67, 103(2), Sch. 7 para. 2(1)(2)

[^c6839591]: S. 30(5) substituted (30.1.2001) by 2000 c. 37, ss. 67, 103(2), Sch. 7 para. 2(1)(3)

[^c6839601]: S. 30(6)(7) repealed by Road Traffic Act 1972 (c. 20, SIF 107:1), Sch. 9 Pt. I

[^c6839611]: S. 32 repealed by Road Traffic Regulation Act 1984 (c. 27, SIF 107:1), Sch. 14

[^c6839621]: Ss. 33—35 repealed by Local Government Act 1974 (c. 7, SIF 81:1), Sch. 8

[^c6839631]: S. 36 repealed by Derelict Land Act 1982 (c. 42, SIF 46:4), Sch.

[^c6839791]: S. 37 extended (E.W.)(19.9.1995) by 1995 c. 25, ss. 65(2), 125(2)(with ss. 7(6), 115, 117, Sch. 8 para. 7)

[^c6839801]: S. 37 applied (E.W.) (1.4.2001 for E. and 1.5.2001 for W.) by 2000 c. 37, s. 87(3); S.I. 2001/114, art. 2(2)(e); S.I. 2001/1410, art. 2(g)

[^c6839811]: Words substituted by Wildlife and Countryside Act 1981 (c. 69, SIF 4:5), s. 72(9)

[^c6839911]: S. 38 extended (E.W.)(19.9.1995) by 1995 c. 25, ss. 65(2), 125(2)(with ss. 7(6), 115, 117, Sch. 8 para. 7) S. 38 applied (1.4.2001 for E. and 1.5.2001 for W.) by 2000 c. 37, s. 87(3); S.I. 2001/114, art. 2(2)(e); S.I. 2001/1410, art. 2(g)

[^c6839921]: Words in s. 38 substituted (20.2.1999) by S.I. 1999/416, art. 3, Sch. 1 para. 4(5)

[^c6839931]: Words in s. 38 inserted (1. 4. 1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 130, Sch. 8 para. 2(9); S.I. 1991/685, art. 3.

[^c6839961]: S. 39 repealed by Local Government Act 1972 (c. 70, SIF 81:1), Sch. 30

[^c6840001]: S. 40 repealed (1.4.1997) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1997/2650, art. 2, Sch

[^c6840251]: S. 41 extended (19.9.1995) by 1995 c. 25, ss. 70, 125(2), Sch. 9 para. 5(c)(with ss. 7(6), 115, 117, Sch. 8 para. 7)

[^c6840261]: Words inserted by Highways Act 1980 (c. 66, SIF 59), s. 342(a)

[^c6840271]: 1980 c. 66.

[^c6840281]: S. 41(1A) inserted by Highways Act 1980 (c. 66, SIF 59), s. 342(b)

[^c6840311]: Words inserted by Telecommunications Act 1984 (c. 12, SIF 96), Sch. 4 para. 48(1)

[^c6840331]: Words in s. 41(5) inserted (1. 4. 1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 130, Sch. 8 para. 2(10)(b); S.I. 1991/685, art. 3.

[^c6840341]: S. 41(8) excluded by Wildlife and Countryside Act 1981 (c. 69, SIF 4:5), s. 49(4)

[^c6840361]: Words in s. 41(8) substituted (1. 4. 1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 130, Sch. 8 para. 2(10)(c); S.I. 1991/685, art. 3.

[^c6840371]: Words in s. 41(9) substituted (1. 4. 1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 130, Sch. 8 para. 2(10)(d); S.I. 1991/685, art. 3.

[^c6840391]: Words inserted by Telecommunications Act 1984 (c. 12, SIF 96), Sch. 4 para. 48(1)

[^c6840641]: 1925 c. 20.

[^c6840651]: Words in s. 42(1) repealed (1.4.1997) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1997/2650, art. 2, Sch.

[^c6840661]: Words in s. 42(4)(a) substituted (1. 4. 1991) by virtue of Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 162(1), Sch. 15 para. 11; S.I. 1991/1042, art. 2(1).

[^c6840671]: Ss. 43-45 extended (19.9.1995) by 1995 c. 25, ss. 70, 125(2), Sch. 9 para. 5 (with ss. 7(6), 115, 117, Sch. 8 para. 7)

[^c6840681]: Ss. 43-45 extended (19.9.1995) by 1995 c. 25, ss. 70, 125(2), Sch. 9 para. 5 (with ss. 7(6), 115, 117, Sch. 8 para. 7)

[^c6840741]: Ss. 43-45 extended (19.9.1995) by 1995 c. 25, ss. 70, 125(2), Sch. 9 para. 5 (with ss. 7(6), 115, 117, Sch. 8 para. 7)

[^c6840771]: 1967 c. 10.

[^c6840901]: Words amend National Parks and Access to the Countryside Act 1949 (c. 97, SIF 46:1), s. 108(3)

[^c6840911]: S. 47(5) repealed by Highways Act 1980 (c. 66, SIF 59), Sch. 25

[^c6840931]: S. 47A inserted (E.W.) by Norfolk and Suffolk Broads Act 1988 (c. 4, SIF 81:1), ss. 2(5)(6), 23(2), 27(2), Sch. 3 para. 6

[^c6840941]: Word in s. 47A(2) repealed (1.4.1997) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1997/2650, art. 2, Sch.

[^c6840951]: S. 47A(4) repealed (1.4.1997) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1997/2650, art. 2, Sch.

[^c6841101]: 1949 c. 97.

[^c6841111]: Words substituted by Highways Act 1980 (c. 66, SIF 59), Sch. 24 para. 17(b)

[^c6841121]: 1980 c. 66.

[^c6841151]: Words substituted by virtue of S.I. 1970/1681, arts. 2, 6(3)

[^c6841161]: Definitions repealed by Water Act 1973 (c. 37, SIF 30), Sch. 9

[^c6841171]: Words repealed by Local Government Act 1972 (c. 70, SIF 81:1), Sch. 30

[^c6841181]: The text of ss. 1(5), 21(1)—(5), 50(2), Sch. 5 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as indicated, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

[^c6841191]: S. 50(4) repealed by House of Commons Disqualification Act 1975 (c. 24, SIF 89), Sch. 3

[^c6841201]: Words repealed by House of Commons Disqualification Act 1975 (c. 24, SIF 89), Sch. 3

[^c6841211]: Words repealed by House of Commons Disqualification Act 1975 (c. 24, SIF 89), Sch. 3

[^c6841231]: Words substituted by Acquisition of Land Act 1981 (c. 67, SIF 28:1), Sch. 4 para. 17(2)

[^c6841241]: 1981 c. 67(28:1).

[^c6841251]: Words substituted by Acquisition of Land Act 1981 (c. 67, SIF 28:1), Sch. 4 para 17(3)

[^c6841261]: Words substituted by Acquisition of Land Act 1981 (c. 67, SIF 28:1), Sch. 4 para 17(4)

[^c6841271]: Words substituted by Acquisition of Land Act 1981 (c. 67, SIF 28:1), Sch. 4 para 17(5)

[^c6841281]: 1899 c. 30(25).

[^c6841291]: Words substituted by virtue of Local Government Act 1972 (c. 70, SIF 81:1), s. 272(2)

[^c6841301]: 1972 c. 70(81:1).

[^c6841311]: 1959 c. 53(123:1).

[^c6841321]: Para. 6 extended by Post Office Act 1969 (c. 48, SIF 96), Sch. 4 para. 93(1) (xxix) and Civil Aviation Act 1982 (c. 16, SIF:9), Sch. 2 para. 4; amended by British Telecommunications Act 1981 (c. 38, SIF 96), Sch.3 para. 10(2)(b)(6)

[^c6841331]: Sch. 2 para. 6 extended by Gas Act 1986 (c. 44, SIF 44:2), s. 67(1)(3), Sch. 7 para. 2(1), (xxii), Sch. 8 para. 33

[^c6841341]: Sch. 2 para. 6 extended (1.3.1996) by 1995 c. 45, s. 16(1), Sch. 4 para. 2(1)(xvii); S.I. 1996/218, art. 2 Sch. 2 para. 6 modified (1.4.2001) by 2000 c. 38, s. 37, Sch. 5 para. 1(1)(2)(m) (with ss. 105(2)(5), 106(4)); S.I. 2001/869, art. 2

[^c6841351]: Words inserted by Telecommunications Act 1984 (c. 12, SIF 96), Sch. 4 para 48(2)

[^c6841221]: Sch. 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(3), 193(1), Sch. 25 para. 1(2)(xiv), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58

[^c6841371]: Sch. 3 Pt. I repealed by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 189(4)—(10), 190, 193(1), Sch. 26 para. 3(1)(2), 17, 40(4), 41(1), 57(6), 58, Sch. 27 Pt. I

[^c6841381]: Sch. 3 Pts. II—IV repealed by Wildlife and Countryside Act 1981 (c. 69, SIF 4:5), s. 73(3), Sch. 17 Pt. II

[^c6841391]: Sch. 4 repealed by Local Government Act 1972 (c. 70, SIF 81:1), Sch. 30

[^c6841401]: The text of ss. 1(5), 21(1)—(5), 50(2), Sch. 5 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as indicated, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.