The power of a local authority under sub-section (1)(d) above is exercisable only in so far as any conditions attached to the relevant delegation or, as the case may be, included in the relevant agreement do not otherwise provide.

Byelaws made under this section shall not interfere with the exercise of any public right of way or of any functions relating to the land or waterway to which the byelaws apply which are exercisable by any authority under any enactment F8or with F27the provision of an electronic communications code network or the exercise of any right conferred by or in accordance with F29the electronic communications code on the operator of any F31such network.

Before a local authority make byelaws under the foregoing provisions of this section as respects a National Park or area of outstanding natural beauty, the local authority shall consult F38Natural EnglandF9as respects a park or area in England) or theF47NRBW (as respects a park or area in Wales).

A county council or county district council shall have power to enforce byelaws made under this section by another authority as respects land in the area of the council.

F52In the case of byelaws made by a local planning authority in England, or by Natural England, section 106 of the Act of 1949 (supplementary provisions as to byelaws) shall have effect as if byelaws under this section were byelaws under that Act.

Subsections (1) and (2), and subject to the next following subsection subsection (4), of section 92 of the Act of 1949 (appointment of wardens for land for which byelaws may be made under section 90 of that Act) shall have effect as if the power of making byelaws conferred by this section was contained in the said section 90, and as if F39Natural EnglandF10and the F47NRBW were local authorities.

For the purposes of exercising any function conferred on him by the said section 92 as applied by subsection (8) above a warden appointed under that section may enter upon any land, or go on any waterway, as respects which byelaws under this section are in force, although the land or waterway does not belong to the local authority , F40Natural EnglandF11 or the F47NRBW.

Sections 90, 91 and 92 of the Act of 1949 shall have effect as if any path which is a means of access to land to which the public are given access by an agreement or order, or in consequence of acquisition, under Part V of the Act of 1949 was included in that land.

In subsection (10) above “path” means a public path, or a F33restricted byway (as those expressions are defined in section 27(6) of the Act of 1949 F34and section 48(4) of the Countryside and Rights of Way Act 2000 ) or any other path, not being a highway at the side of a public road, which the public have the right to use, or are permitted to use, as a means of access to land to which the public are given access under Part V of the Act of 1949.

Byelaws made under section 90(3) of the Act of 1949 shall not interfere with the exercise of any public right of way or with any authority having under any enactment functions relating to the land or waterway to which the byelaws apply F12or with F28the provision of an electronic communications code network or the exercise of any right conferred by or in accordance with F30the electronic communications code on the operator of any F32such network.

A local planning authority whose area consists of or includes the whole or any part of a National Park may appoint such number of persons as may appear to the authority to be necessary or expedient to act as wardens as respects any land within the National Park to which section 193 of the M2Law of Property Act 1925 (common land) for the time being applies, F13. . ..

Before a local planning authority first exercise their powers under subsection (1) above as respects any land, they shall, if practicable, consult the person entitled to the soil of the land.

The foregoing subsections shall be construed as one with section 92 of the Act of 1949 and shall be subject to subsection (4) of that section (saving for interests of landowners).

A local authority shall make available any facilities and services provided by them under this Act for those who do not normally reside in the area of the local authority as freely as for those who do.

A local authority shall have power to make reasonable charges for any facilities or services provided by them under this Act and may arrange for any facilities or services which they have power to provide under this Act to be provided by some other person, and, where they make arrangements for any such facilities or services to be provided by some other person, may authorise that person to make reasonable charges.

The services and facilities for which charges may be made under subsection (2) above include the use of any camping site, picnic site or parking place, of any waterway comprised in a country park, and of any part of a country park set aside for any particular form of recreation.

Any power of a local authority under this Act to provide buildings or other premises for any purpose shall include power to equip them with such furniture and apparatus as may be reasonably necessary to enable them to be used for that purpose.

Any power of a local authority under this Act to provide buildings or other premises, or any services or facilities, or anything else, shall include power to enter into agreements with any other authority or person for the use, on such terms as may be agreed, of anything, or any facilities or services, provided by, or under the control of, that other authority or person and, if it appears convenient, for the services of any staff employed in connection therewith.

The Minister may, subject to the provisions of this section, by order repeal or amend any provision in any local Act passed before this Act and relating to any local authority where it appears to him that that provision is inconsistent with, or has become unnecessary in consequence of, any provision of this Act.

Before making an order under this section the Minister shall consult with each local authority affected by the proposed order.

This section has effect as respects any power conferred by this Act on F41...F57... any local authority to enter into agreements with landowners and other persons having interests in land.

Schedule 2 to the M3Forestry Act 1967 (powers of tenants for life and other limited owners to enter into forestry dedication covenants) shall apply to any such agreement as it applies to such a covenant.

Where a landowner, or other person having an interest in the land, by the agreement grants or agrees to grant any right as respects the land, the grant or agreement shall be binding upon any person deriving title or otherwise claiming under the grantor to the same extent as it is binding upon the grantor notwithstanding that it would not have been binding upon that person apart from the provisions of this subsection.

Any such agreement may be made either irrevocably or subject to such provisions for revocation or variation as may be specified in the agreement.

For the purposes of any enactment or rule of law as to the circumstances in which the dedication of a highway or the grant of an easement may be presumed, or may be established by prescription, the use by the public or by any person of a way across land at any time while it is the subject of any such agreement shall be disregarded.

In the following provisions of the Act of 1949 references to that Act shall include references to this Act—

• section 99(1) (power of local authority to contribute to expenses of another local authority),

• section 103 (acquisition of land),

• section 104 (appropriation and disposal of land by local authorities) but subject to Schedule 2 to this Act,

• section 108 (entry to survey land in connection with its acquisition),

• section 109 (local inquiries and service of documents),

• section 111 (Isles of Scilly).

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

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ., and this amendment shall have effect both for the purposes of the Act of 1949 and of this Act.

Section 112 of the Act of 1949 (Epping Forest and Burnham Beeches) shall have effect as if the provisions of this Act about F42...country parks, common land and camping and picnic sites were mentioned in the said section 112(2).

Section 113 of the Act of 1949 (National Trust Land) shall have effect as if the provisions of this Act about experimental projects or schemes, country parks, common land and camping and picnic sites were contained in Part VI of the Act of 1949.

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 Her 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 Her Majesty for the purposes of a Government department.

Any power under this Act to acquire land compulsorily may be exercised to acquire an interest in Crown land, other than one held by or on behalf of the Crown, but only with the consent of the appropriate authority.

Subject to subsection (4) below, the appropriate authority may enter into an agreement under F58... section 7(3)(b) of this Act as respects an interest in Crown land held by or on behalf of the Crown, and any such agreement as respects any other interest in Crown land shall not have effect unless approved by the appropriate authority.

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

If any land subject to an agreement to which section 45 of this Act applies becomes Crown land, subsection (3) of that section shall cease to apply to that agreement unless the appropriate authority consent to its continued application to the agreement.

Byelaws made under this Act shall apply to Crown land if the appropriate authority consent to their application thereto.

Section 101(11) of the Act of 1949 shall apply for the construction of references in this section to “the appropriate authority”.

Agreements made by the Crown Estate Commissioners shall not require the approval of the Treasury under section 101(10)(a) of the Act of 1949 and accordingly in that paragraph, as originally enacted, the words “by the Commissioners of Crown Lands or” shall cease to have effect.

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

Sections 10, F18. . . and 20 of this Act shall have effect as if the Broads Authority were a local planning authority.

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.

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

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

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

There shall be paid into the Exchequer any sums required to be so paid in consequence of any of the provisions of this Act.

Section 114 of the Act of 1949 shall apply for the construction of this Act.

In this Act, unless the context otherwise requires—

• “the Act of 1949” means the M4National Parks and Access to the Countryside Act 1949;

• “boat” includes any hover vehicle or craft being a vehicle or craft designed to be supported on a cushion of air and which is used on or over water;

• “bridleway” and “footpath” have the meanings given by F20section 329(1) of the M5Highways Act 1980;

• F43...

• F49...

• “land” includes any interest in or right over land;

• “the Minister”, as respects Wales and Monmouthshire, means the Secretary of State, and otherwise means F21the Secretary of State;

• F50“the NRBW” means the Natural Resources Body for Wales;

• “public body” includes any local authority or statutory undertaker, and any trustees, commissioners, board or other persons, who, as a public body and not for their own profit, act under any enactment for the improvement of any place or the production or supply of any commodity or service;

• F22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

In this Act “parish” means a rural parish F23. . .

References in this Act to the conservation of the natural beauty of an area shall be construed as including references to the conservation of its flora, fauna and geological and physiographical features.

This Act may be cited as the Countryside Act 1968.

The enactments mentioned in Schedule 5 to this Act shall be repealed to the extent specified in the third column of that Schedule.

This Act shall come into force at the expiration of a period of one month beginning with the date on which it is passed.

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

This Act, except subsections (1), (3) F25. . . of this section, sections 15, 24, 25, 26, 32, 37, 46(3) and so much of sections 46(1), 48, and 49 as relates to the first-mentioned sections, shall not extend to Scotland, F26. . . this Act shall not extend to Northern Ireland.