Countryside and Rights of Way Act 2000

Section 93.

SCHEDULE 15 Areas of outstanding natural beauty: consequential amendments and transitional provisions

Part I Consequential amendments

National Parks and Access to the Countryside Act 1949 (c. 97)

1 In section 1 of the National Parks and Access to the Countryside Act 1949 (the Countryside Agency and the Countryside Council for Wales), in subsection (2)(a) after “National Parks or” there is inserted “under the Countryside and Rights of Way Act 2000”.

2 In section 112(2) of that Act (provisions not applying to Epping Forest and Burnham Beeches), for “eighty-seven” there is substituted “eighty-nine”.

3 In section 114(1) of that Act (interpretation), for the definition of “area of outstanding natural beauty” there is substituted—

““area of outstanding natural beauty” means an area designated under section 82 of the Countryside and Rights of Way Act 2000;”.

Harbours Act 1964 (c. 40)

4 In Schedule 3 to the Harbours Act 1964, in paragraph 1, in paragraph (i) of the definition of “sensitive area” for “section 87 of the National Parks and Access to the Countryside Act 1949” there is substituted “section 82 of the Countryside and Rights of Way Act 2000”.

Highways Act 1980 (c. 66)

5 In section 105A of the 1980 Act (environmental impact assessments), in subsection (6), for paragraph (e) there is substituted—

“(e) an area of outstanding beauty designated as such under section 82 of the Countryside and Rights of Way Act 2000.”.

Derelict Land Act 1982 (c. 42)

6 In section 1 of the Derelict Land Act 1982 (powers of Secretary of State), in subsection (11), in the definition of “area of outstanding natural beauty” for “section 87 of the National Parks and Access to the Countryside Act 1949” there is substituted “section 82 of the Countryside and Rights of Way Act 2000”.

Road Traffic Regulation Act 1984 (c. 27)

7 In section 22 of the Road Traffic Regulation Act 1984 (traffic regulation for special areas in the countryside), at the end of subsection (1)(a)(ii) there is inserted “designated as such under section 82 of the Countryside and Rights of Way Act 2000”.

Housing Act 1985 (c. 68)

8 In section 37 of the Housing Act 1985 (restriction on disposal of dwelling-houses in National Parks, etc), in subsection (1)(b) for “section 87 of the National Parks and Access to the Countryside Act 1949” there is substituted “section 82 of the Countryside and Rights of Way Act 2000”.

9 In section 157 of that Act (restriction on disposal of dwelling-houses in National Parks, etc), in subsection (1)(b) for “section 87 of the National Parks and Access to the Countryside Act 1949” there is substituted “section 82 of the Countryside and Rights of Way Act 2000”.

Town and Country Planning Act 1990 (c. 8)

10 In section 87 of the Town and Country Planning Act 1990 (exclusion of certain descriptions of land or development from a simplified planning zone), in subsection (1)(d) for “section 87 of the National Parks and Access to the Countryside Act 1949” there is substituted “section 82 of the Countryside and Rights of Way Act 2000”.

Environmental Protection Act 1990 (c. 43)

11 In section 130 of the Environmental Protection Act 1990 (countryside functions of Countryside Council for Wales), in subsection (2)(a) after “National Parks or” there is inserted “under the Countryside and Rights of Way Act 2000”.

Water Industry Act 1991 (c. 56)

12 In section 156 of the Water Industry Act 1991 (restriction on disposals of land), in subsection (8), in paragraph (a) of the definition of “area of outstanding natural beauty or special scientific interest”, for “for the purposes of the National Parks and Access to the Countryside Act 1949” there is substituted “under section 82 of the Countryside and Rights of Way Act 2000”.

Environment Act 1995 (c. 25)

13 In Schedule 13 to the Environment Act 1995 (review of old mineral planning permissions), in paragraph 2(4)(c) for “section 87 of the National Parks and Access to the Countryside Act 1949” there is substituted “section 82 of the Countryside and Rights of Way Act 2000”.

Housing Act 1996 (c. 52)

14 In section 13 of the Housing Act 1996 (restriction on disposal of houses in National Parks, etc), in subsection (1)(b) for “section 87 of the National Parks and Access to the Countryside Act 1949” there is substituted “section 82 of the Countryside and Rights of Way Act 2000”.

Part II Transitional provisions

15 In this Part “commencement” means the commencement of section 82.

16 Any order under section 87 of the 1949 Act (designation of areas of outstanding natural beauty) which is in force immediately before commencement is to be taken to have been made under section 82 in accordance with the provisions of Part IV of this Act, and may be amended or revoked by an order under that section.

17 Any reference in any instrument or document (whenever made) to designation as an area of outstanding natural beauty under section 87 of the 1949 Act or to an order under that section is, in relation to any time after commencement, to be taken to be a reference to designation as such an area under section 82 or to an order under that section.

18 Anything done before commencement in connection with a proposed order under section 87 of the 1949 Act is, as from commencement, to be taken to have been done in connection with a proposed order under section 82.