National Parks and Access to the Countryside Act 1949

FIRST SCHEDULE E+W Provisions as to Making, Confirmation, Coming into Operation and Validity of certain Instruments

X1 Part I E+W

Editorial Information

X1 Pt. I so far as it relates to a public path order, a diversion order or an extinguishment order, repealed by Highways Act 1959 (c. 25), Sch. 25 and London Government Act 1963 (c. 33, SIF 81:1), Sch. 6 para. 70

Orders designating National Parks, Public Path Orders, Diversion Orders and Extinguishment Orders, and Access Orders E+W

1 (1) Before— E+W

(a) an order designating a National Park,

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

(c) an access order,

is submitted to the Minister for confirmation, the authority by whom the order was made shall give notice in the prescribed form stating the effect of the order and that it has been made and is about to be submitted for confirmation, naming places in the locality to which the order relates where copies of the order and of the map referred to therein may be inspected, and specifying the time (not being less than twenty-eight days) within which, and the manner in which, representations or objections with respect to the order may be made.

(2) Before the Minister makes an order varying an order designating a National Park, or . . . F2 or an access order, he shall prepare a draft of the order and shall give notice stating that he proposes to make the order and the effect thereof, naming places in the locality to which the draft relates where a copy of the draft and of the map referred to therein may be inspected, and specifying the time (not being less than twenty-eight days) within which, and the manner in which, representations or objections with respect to the draft may be made.

(3) The notice to be given under either of the two foregoing sub-paragraphsshall be given—

(a) in the case of an order designating a National Park or an order varying such an order, by publication in the London Gazette, in two newspapers circulating in the country generally and in at least one local newspaper circulating in the [F3 every county or county borough which] includes any of the land to which the order relates;

(b) in the case of . . . F2 or an access order, by publication in the London Gazette and in at least one local newspaper circulating in the locality in which the land to which the order relates is situated, and by serving a like notice on every owner, lessee and occupier (except tenants for a month or any period less than a month) of any of that land, so however that—

(i) except in the case of an owner, lessee or occupier being a local authority or statutory undertakers, the Minister may in any particular case direct that it shall not be necessary to serve notice as aforesaid; but

(ii) if the Minister so directs in the case of any land, then in addition to publication the notice shall be addressed to “the owners and any occupiers” of the land (describing it) and a copy or copies of it shall be affixed to some conspicuous object or objects on the land;

(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

[F5 (3A) Where under this paragraph any notice is required to be given by any person in respect of any land which is already in a National Park for which a National Park authority is the local planning authority, that person shall serve a copy of that notice on that authority.]

(4) Where under this paragraph any notice is required to be served on an owner of land and the land [F6 belongs to an ecclesiastical benefice][F6 is vested in the incumbent of a benefice of the Church of England], a like notice shall be served on the [F6 Church Commissioners][F6 Diocesan Board of Finance for the diocese in which the land is situated].

Textual Amendments

F1 Para. 1(1)(b) repealed by Highways Act 1959 (c. 25), Sch. 25 and London Government Act 1963 (c. 33, SIF 81:1), Sch. 6 para. 70

F2 Words repealed by Highways Act 1959 (c. 25), Sch. 25 and London Government Act 1963 (c. 33, SIF 81:1), Sch. 6 para. 70

F3 Words in Sch. 1 para. 1(3)(a) substituted (1.4.1996) by 1994 c. 19, s. 20(4), Sch. 6 Pt. II para. 15(3) (with ss. 54(5)(7), 55(5), Sch. 17 para. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch. 1

F4 Para. 1(3)(c) repealed by Highways Act 1959 (c. 25), Sch. 25 and London Government Act 1963 (c. 33, SIF 81:1), Sch. 6 para. 70

F5 Sch. 1 para. 1(3A) inserted (23.11.1995) by 1995 c. 25, s. 78, Sch. 10 para. 2(9)(a) (with ss. 7(6), 115, 117, Sch. 8 para. 7); S.I. 1995/2950. art. 2(1)

F6 Words in Sch. 1 para. 1(4) substituted (E.) (1.10.2006) by Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), s. 16(2), Sch. 5 para. 4; 2006 No. 2, Instrument made by Archbishops

Modifications etc. (not altering text)

C1 Para. 1(3)(b) amended by Housing Repairs and Rents Act 1954 (c. 53), s. 50(2)(c)

2 (1) If no representations or objections are duly made, or if any so made are withdrawn, the Minister may, if he thinks fit, confirm or make the order, as the case may be, with or without modifications. E+W

(2) If any representation or objection duly made is not withdrawn, the Minister shall, before confirming or making the order, as the case may be, if the objection is made by a local authority cause a local inquiry to be held and in any other case either—

(a) cause a local inquiry to be held, or

(b) afford to any person by whom any representation or objection has been duly made and not withdrawn an opportunity of being heard by a person appointed by him for the purpose,

and, after considering the report of the person appointed to hold the inquiry or to hear representations or objections, may confirm or make the order, as the case may be, with or without modifications:

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7

[F8 (2A) In sub-paragraph (2) “ local authority ” does not include—

(a) in relation to an order designating a National Park in England, a parish council, or

(b) in relation to an order designating a National Park in Wales, a community council.]

(3) Notwithstanding anything in the foregoing provisions of this paragraph, the Minister shall not confirm or make an order so as to affect land not affected by the order as submitted to him or the draft order prepared by him, as the case may be, except after—

(a) giving such notice as appears to him requisite of his proposal so to modify the order, specifying the time (not being less than twenty-eight days) within which and manner in which representations or objections with respect to the proposal may be made;

(b) holding a local inquiry or affording to any person by whom any representation or objection has been duly made and not withdrawn an opportunity of being heard by a person appointed by him for the purpose; and

(c) considering the report of the person appointed to hold the inquiry or to hear representations or objections, as the case may be,

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9

(4) Where, in the case of an access order, it is [F10 represented by the Environment Agency (as respects England), the Natural Resources Body for Wales (as respects Wales), or a] [F11 water undertaker] that any land comprised in the order as submitted to the Minister or in the draft order prepared by him, as the case may be (or, where notice of a proposed modification has been given under head (a) of the last foregoing sub-paragraph, any land to which the proposed modification relates), should be excluded from the operation of the order on the ground that by reason of—

(a) the proximity of the land to any reservoir used for the purposes of [F12 the statutory undertaking carried on by that Authority or, as the case may be, undertaker], or

(b) any other physical factor affecting the flow of water from the land into any such reservoir,

the operation of section sixty of this Act as respects that land would be likely to involve danger to the purity of the water supply which could not be prevented by the taking of any reasonable measures, sub-paragraph (2) of this paragraph, or head (c) of the last foregoing sub-paragraph, as the case may be, shall have effect in relation to that representation as if it provided for the consideration of the report therein referred to by the Minister . . . F13

(5) If, as the result of any representations or objections considered, or inquiry or other hearing held, in connection with the confirmation of an order designating a National Park or the making of an order varying such an order, the Minister is of opinion that [F14 Natural England,] the [F15 Natural Resources Body for Wales][F16 a National Park authority,], a [F17 county planning authority][F18 or, in Wales, the local planning authority] or any other person ought to be consulted before he decides whether to confirm or make the order either with or without modifications, he shall consult [F19 Natural England, the ] [F15 Natural Resources Body for Wales], authority or other person but, subject to the provisions of sub-paragraph (3) of this paragraph, shall not be under any obligation to consult any other person, or to afford any opportunity for further representations or objections or to cause any further inquiry or other hearing to be held.

Textual Amendments

F7 Para. 2(2) proviso repealed by Highways Act 1959 (c. 25), Sch. 25 and London Government Act 1963 (c. 33, SIF 81:1), Sch. 6 para. 70

F8 Sch. FIRST para. 2(2A) inserted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 60(5), 107(3)(b); S.I. 2006/2541, art. 2 (with Sch.)

F9 Words repealed by Highways Act 1959 (c. 25), Sch. 25 and London Government Act 1963 (c. 33, SIF 81:1), Sch. 6 para. 70

F10 Words in Sch. 1 para. 2(4) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (No. 755), art. 1(2), Sch. 2 para. 25(2) (with Sch. 7)

F11 Words beginning “the National Rivers Authority” substituted (E.W.) 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. 13(3)(a), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58

F12 Words beginning “the statutory undertaking” substituted (E.W.) 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. 13(3)(b), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58

F13 Words omitted by virtue of S.I. 1951/753 (1951I, p. 1354), art. 7(2)

F14 Words in Sch. 1 para. 2(5) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), s. 107, Sch. 11 para. 25(a); S.I. 2006/2541, art. 2 (with Sch.)

F15 Words in Sch. 1 para. 2(5) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (No. 755), art. 1(2), Sch. 2 para. 25(3) (with Sch. 7)

F16 Words in Sch. 1 para. 2(5) inserted (1.4.1996) by 1995 c. 25, s. 78, Sch. 10 para. 2(9)(b) (with ss. 7(6), 115, 117, Sch. 8 para. 7); S.I. 1995/2950. art. 3

F17 Words substituted by virtue of Local Government Act 1972 (c. 70, SIF 81:1), Sch. 17 para. 41

F18 Words in Sch. 1 para. 2(5) inserted (1.4.1996) by 1994 c. 19, s. 20(4), Sch. 6 Pt. II para. 15(3) (with ss. 54(5)(7), 55(5), Sch. 17 para. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch.

F19 Words in Sch. 1 para. 2(5) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), s. 107, Sch. 11 para. 25(b); S.I. 2006/2541, art. 2 (with Sch.)

3 E+W As soon as may be after any such order as is mentioned in paragraph 1 of this Schedule has been confirmed or made by the Minister, the authority by whom the order was made, or, in the case of an order made by the Minister, the Minister, shall publish, in the manner required in relation to the class of order in question by sub-paragraph (3) of paragraph 1 of this Schedule, a notice in the prescribed form describing the effect of the order, stating that it has been confirmed or made, and naming a place where a copy thereof as confirmed or made may be inspected at all reasonable hours, and—

(a) where under the said sub-paragraph (3) notice was required to be served, shall serve a like notice and a copy of the order as confirmed or made on any persons on whom notices were required to be served under that sub-paragraph or under sub-paragraph [F20 (3A) or] (4) of paragraph 1 of this Schedule; and

(b) where under the said sub-paragraph (3) a notice was required to be displayed, shall cause a like notice to be displayed in the like manner as the notice required to be displayed under that sub-paragraph:

Provided that no such notice or copy need be served on a person unless he has sent to the authority or Minister (according as the notice or copy would require to be served by an authority or by the Minister) a request in writing in that behalf specifying an address for service.

Textual Amendments

F20 Words in Sch. 1 para. 3(a) inserted (23.11.1995) by 1995 c. 25, s. 78, Sch. 10 para. 2(9)(c) (with ss. 7(6), 115, 117, Sch. 8 para. 7); S.I. 1995/2950, art. 2(1)

[F21 3A E+W An order designating a National Park shall have effect as from such time as may be determined by the Minister and specified in the notice of the confirmation of that order.]

Textual Amendments

F21 Sch. 1 para. 3A inserted (23.11.1995) by 1995 c. 25, s. 78, Sch. 10 para. 2(9)(d) (with ss. 7(6), 115, 117, Sch. 8 para. 7); S.I. 1995/2950, art. 2(1)

4 (1) The Minister may, subject to the provisions of this Part of this Schedule, by regulations make such provision as to the procedure on the submission and confirmation of orders to which this Part of this Schedule applies as appears to him to be expedient. E+W

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F22

(3) In this Part of this Schedule the expression “prescribed” means prescribed by regulations made by the Minister.

Textual Amendments

F22 Sch. 1 Pt. I para. 4(2) repealed by Highways Act 1959 (c. 25), Sch. 25 and London Government Act 1963 (c. 33, SIF 81:1), Sch. 6 para. 70

Modifications etc. (not altering text)

C2 Sch. 1 para. 4 functions transferred (W.) (24.5.2018) by The Welsh Ministers (Transfer of Functions) Order 2018 (S.I. 2018/644), arts. 1(1), 6(d)

Part II. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F23 E+W

Textual Amendments

F23 Sch. 1 Pt. II repealed by Countryside Act 1968 (c. 41), Sch. 5

Part III E+W

Provisions as to validity of orders, and of certain maps and statements prepared under Part IV of this Act E+W

8 E+W If any person desires to question the validity of an order to which Part I . . . F24 of this Schedule applies on the ground that it is not within the powers of this Act, or on the ground that any requirement of this Act or of any regulation made thereunder has not been complied with in relation to the making or confirmation of the order, he may, within six weeks after the date of publication of notice of the confirmation or making of the order in accordance with the foregoing provisions of this Schedule in that behalf, make an application to the High Court; and on any such application the court—

(a) may by interim order suspend the operation of the order, either generally or in so far as it affects the applicant, until the final determination of the proceedings; and

(b) if satisfied that the order is not within the powers of this Act or that the interests of the applicant have been substantially prejudiced by a failure to comply with any such requirement as aforesaid, may quash the order either generally or in so far as it affects the applicant.

Textual Amendments

F24 Words repealed by Countryside Act 1968 (c. 41, SIF 46:1), Sch. 5

9 (1) If any person desires to question the validity of a definitive map prepared under Part IV of this Act on the ground that the map is not within the powers of this Act, or on the ground that any requirement of this Act or of any regulation made thereunder has not been complied with in relation to the preparation of the map, or of any draft or provisional map on which that map is based, he may, within six weeks after the date of publication of notice of the preparation of the map in accordance with the provisions of the said Part IV in that behalf, make an application to the High Court; and on any such application the court, if satisfied that the map is not within the powers of this Act, or that the interests of the applicant have been substantially prejudiced by a failure to comply with any such requirement as aforesaid, may make an order declaring that, notwithstanding anything contained in the said Part IV, the definitive map shall not be conclusive evidence of any such matter as may be specified in the order. E+W

(2) References in this paragraph to a definitive map, or to a draft or provisional map, shall be construed as including references to a revised map prepared in definitive form, or to a revised map prepared in draft or provisional form, as the case may be; references therein to a map shall be construed as including references to any statement required by the provisions of Part IV of this Act to be annexed to the map; and for the purposes of this paragraph a map shall be deemed to be based on another map if the particulars contained in the former map are required by the said provisions to be the particulars contained in the latter map as modified in accordance with those provisions.

10 E+W Subject to the provisions of the two last foregoing paragraphs, an order, map, or statement to which either of those paragraphs applies shall not, either before or after it has been confirmed, made or prepared, be questioned in any legal proceedings whatsoever, and any such order map or statement shall become operative on the date on which notice of the confirmation, making or preparation thereof is published as mentioned in those paragraphs respectively.

11 E+W Paragraphs 8 and 10 of this Schedule shall not apply to an order which is confirmed by Act of Parliament under section six of the M1 Statutory Orders (Special Procedure) Act 1945 and shall have effect in relation to any other order which is subject to special parliamentary procedure by virtue of paragraph 2 . . . F25 of this Schedule as if for the reference in the said paragraph 10 to the date therein mentioned there were substituted a reference to the date on which the order becomes operative under the said Act.

Textual Amendments

F25 Words repealed by Countryside Act 1968 (c. 41, SIF 46:1), Sch. 5

Marginal Citations

M1 1945 c. 18.