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Countryside and Rights of Way Act 2000

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86 Establishment of conservation boards.E+W

This section has no associated Explanatory Notes

(1)The Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales) may—

(a)in the case of any existing area of outstanding natural beauty, or

(b)in connection with the designation of any area as an area of outstanding natural beauty,

by order establish a board (in this Part referred to as “a conservation board”) to carry out in relation to that area the functions conferred on such a board by or under this Part.

(2)Schedule 13 (which relates to the constitution of conservation boards) has effect.

(3)Where the Secretary of State or the National Assembly for Wales considers it expedient for either of the purposes mentioned in section 87(1), an order under subsection (1) may—

(a)provide for the transfer to the conservation board to which the order relates of any of the functions of local authorities, so far as relating to the area of outstanding natural beauty in question, or

(b)provide for any function of a local authority, so far as relating to the area of outstanding natural beauty in question, to be exercisable concurrently by the local authority and by the conservation board.

(4)Subsection (3) does not apply to functions of a local authority under Part F1... III, VII or XIII of the M1Town and Country Planning Act 1990[F2or under Part 2 or 6 of the Planning and Compulsory Purchase Act 2004].

(5)An order under subsection (1) may make further provision as to the constitution and administration of the conservation board to which it relates, including provision with respect to—

(a)the appointment of members,

(b)the removal and disqualification of members,

(c)the conduct of members,

(d)proceedings of the board,

(e)the appointment of staff,

(f)consultation with other public bodies,

(g)records and documents of the board,

(h)the provision of information by the board, and

(i)complaints of maladministration.

(6)Before making an order under subsection (1) in relation to an area of outstanding natural beauty in England, the Secretary of State shall consult—

(a)[F3Natural England], and

(b)every local authority whose area consists of or includes the whole or part of the area of outstanding natural beauty,

and shall not make the order unless satisfied that the majority of those local authorities consent.

(7)Before making an order under subsection (1) in relation to an area of outstanding natural beauty in Wales, the National Assembly for Wales shall consult—

(a)the Council, and

(b)every local authority whose area consists of or includes the whole or part of the area of outstanding natural beauty,

and shall not make the order unless satisfied that the majority of those local authorities consent.

(8)An order under subsection (1) which amends or revokes a previous order under that subsection establishing a conservation board—

(a)may be made only after consultation with the conservation board to which it relates (as well as the consultation required by subsection (6) or (7)), and

(b)in the case of an order revoking a previous order, may provide for the winding up of the board.

(9)Subject to any order under subsection (10), where there is a variation of the area of an area of outstanding natural beauty for which there is or is to be a conservation board, the area of outstanding natural beauty for which that board is or is to be the conservation board shall be taken, as from the time when the variation takes effect, to be that area as varied.

(10)Where provision is made for the variation of the area of an area of outstanding natural beauty for which there is or is to be a conservation board, the Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales) may by order make such transitional provision as he or it thinks fit with respect to—

(a)any functions which, in relation to any area that becomes part of the area of outstanding natural beauty, are by virtue of the variation to become functions of that conservation board; and

(b)any functions which, in relation to any area that ceases to be part of the area of outstanding natural beauty, are by virtue of the variation to become functions of a person other than that conservation board.

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Amendments (Textual)

F2Words in s. 86(4) inserted (28.9.2004 for E., 15.10.2005 for W.) by Planning and Compulsory Purchase Act 2004 (c. 5), Sch. 7 para. 23(b) (with s. 111); S.I. 2004/2202, art. 2(i); S.I. 2005/2847, art. 2(f)

Commencement Information

I1Pt. IV (ss. 82-93) wholly in force at 1.5.2001; Pt. IV not in force at Royal Assent see s. 103(3); Pt. IV in force for E. at 1.4.2001 by S.I. 2001/114, art. 2(2)(e); Pt. IV in force for W. at 1.5.2001 by S.I. 2001/1410, art. 2(g)

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