Countryside Act 1968

4 Experimental projects or schemes. E+W

[F1 (1) The [F2 Agency][F3 and the Council], after consultation with such local authorities [F4 National Park authorities] and other bodies as appear to the [F2 Agency][F3 or Council] to have an interest, may from time to time make and carry out or promote the carrying out of any experimental scheme designed to facilitate the enjoyment of the country side, or to conserve or enhance its natural beauty or amenity which—

(a) in relation to the countryside generally or to any particular area involves the development or application of new methods, concepts or techniques or the application or further development of existing methods, concepts or techniques; and

(b) is designed to illustrate the appropriateness of the scheme in question for the countryside generally or for any particular area.]

(3) For the purpose of their functions under the foregoing provisions of this section the [F2 Agency][F5 or, as the case may be, the Council] may—

(a) with the approval of the Minister acquire land by agreement, or may be authorised by the Minister in a particular case to acquire land compulsorily,

(b) hold and manage land, and with the approval of the Minister and subject to the subsequent provisions of this section, dispose of or otherwise deal with land,

(c) erect buildings and carry out works or other operations on land,

(d) provide equipment, facilities and services on or in connection with land or with use of land,

(e) hold, manage, maintain, hire, let or otherwise dispose of such works, equipment, facilities or services,

(f) exercise any powers to carry out work or to provide facilities or services conferred by this Act or the Act of 1949 on local authorities or local planning authorities,

(g) with the approval of the Minister and the Treasury, acquire by agreement and carry on or set up and carry on, directly or through an agent, or themselves carry on as agent, any business or undertaking relevant to the experimental project or scheme, and, subject to the approval of the Minister and the Treasury, may dispose of any such business or undertaking.

(4) The disposal of land under this section may be by way of sale or exchange, or by the letting of land or the granting of any interest in or right over land, but the [F2 Agency][F6 or Council] shall not under this section dispose of land by way of gift.

(5) The powers conferred by paragraphs (c) to (f) of subsection (3) above may be exercised by the [F2 Agency][F7 or by the Council]—

(a) on land belonging to them, or

(b) on such terms as may be agreed with the owners and any other persons whose authority is required for the purpose, on other land,

and an agreement under paragraph (b) above may provide for the making by the [F2 Agency][F7 or Council] of payments in consideration of the making of the agreement and payments by way of contribution towards expenditure incurred by the persons making the agreement in consequence thereof.

(6) The provisions of this section, except for that authorising compulsory purchase of land, shall have effect only for the purpose of removing any limitation imposed by law on the capacity of the [F2 Agency][F8 or of the Council], and shall not authorise any act or omission on the part of the [F2 Agency][F8 or Council] which, apart from the said provisions of this section, would be actionable at the suit of any person on any ground other than such a limitation.

Textual Amendments

F1 S. 4(1) substituted for s. 4(1)(2) by Wildlife and Countryside Act 1981 (c. 69, SIF 4:5), s. 40

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

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

F4 Words in s. 4(1) inserted (1.4.1996) by 1995 c. 25, s. 78, Sch. 10 para. 8(1) (with ss. 7(6), 115, 117, Sch. 8 para. 7); S.I. 1995/2950, art. 3(1)

F5 Words in s. 4(3) inserted (1. 4. 1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 130, Sch. 8 para. 2(4)(b); S.I. 1991/685, art. 3.

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

F7 Words in s. 4(5) inserted (1.4.1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 130, Sch. 8 para. 2(4)(d); S.I. 1991/685, art. 3.

F8 Words in s. 4(6) inserted (1.4.1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 130, Sch. 8 para. 2(4)(e); S.I. 1991/685, art. 3.

Modifications etc. (not altering text)

C1 S. 4 functions made exercisable concurrently (E.W.) (with effect in accordance with art. 25(1) of the amending S.I.) by The Cotswolds Area of Outstanding Natural Beauty (Establishment of Conservation Board) Order 2004 (S.I. 2004/1777), arts. 1, 25(2)(xvi) (with art. 35)

C2 S. 4 functions made exercisable concurrently (E.W) (with effect in accordance with art. 25(1) of the amending S.I.) by The Chilterns Area of Outstanding Natural Beauty (Establishment of Conservation Board) Order 2004 (S.I. 2004/1778), arts. 2, 25(1), (1), (2)(xvi) (with art. 35)