Areas of Outstanding Natural Beauty Bill [H.L.]

Areas of Outstanding Natural Beauty Bill [H.L.] - continued	House of Lords

back to previous text

S C H E D U L E S

SCHEDULE 1

SCHEDULE TO BE INSERTED AS THE THIRD SCHEDULE TO THE NATIONAL PARKS AND ACCESS TO THE COUNTRYSIDE ACT 1949

	"Third Schedule
	POWERS OF CONSERVATION BOARDS IN RELATION TO LAND ETC.
	1. - (1) Subject to sub-paragraph (2) below, the following provisions, that is to say-
	(a) sections 120, 122 and 123 of the Local Government Act 1972 (powers of local authorities to acquire and dispose of land), and
	(b) sections 128 to 131 of that Act (general provisions in relation to land transactions),
	shall have effect as if, for the purposes of those provisions, a conservation board were a principal council and the relevant area of outstanding natural beauty were the board's area.
	(2) The following provisions of the Local Government (Miscellaneous Provisions) Act 1976, that is to say-
	(a) section 13 (compulsory acquisition of rights over land),
	(b) section 15 (survey of land for the purposes of compulsory purchase),
	(c) section 16 (obtaining information about land), and
	(d) section 29 (repayment of unclaimed compensation),
	shall apply in relation to a conservation board as if the board were a local authority for the purposes of that Act.
	(3) Section 33 of the Local Government (Miscellaneous Provisions) Act 1982 (enforceability by local authorities of certain covenants relating to land) shall have effect as if references to a principal council included references to a conservation board and as if the relevant area of outstanding natural beauty were that board's area; and for the purposes of this paragraph the reference in subsection (1) of that section to section 111 of the 1972 Act shall have effect as a reference to section 88B of this Act.
	(4) This paragraph shall be without prejudice to any power conferred on a conservation board by virtue of paragraph 2 below.
	2. - (1) After section 244A of the Town and Country Planning Act 1990 (powers of joint planning boards) there shall be inserted the following section-
"Powers of conservation boards for areas of outstanding natural beauty under Part IX.	244B. - (1) A conservation board shall, on being authorised to do so by the Secretary of State, have the same power to acquire land compulsorily as the local authorities to whom section 226 applies have under that section.
	(2) A conservation board shall have the same power to acquire land by agreement as the local authorities mentioned in subsection (1) of section 227 have under that subsection.
	(3) Sections 226(1) and (7), 227, 229, 230, 232, 233 and 235 to 242 shall apply with the necessary modifications as if a conservation board were a local authority to which those sections applied and as if the area of outstanding natural beauty in relation to which it carries out functions were the board's area.
	(4) In this section "conservation board" means a board established under section 88B of the National Parks and Access to the Countryside Act 1949."

(2) Every such reference in that Act to the acquisition or appropriation of land for planning purposes as falls to be construed in accordance with section 246 of that Act shall be taken (so far as it would not otherwise do so) to include a reference to an acquisition or appropriation of land under any power conferred by virtue of sub-paragraph (1) above.

(3) The following provisions of that Act, that is to say-

(a) sections 251(1), 258(1), 260(1), 261, 271, 272 and 274 (extinguishing rights of way and other rights),

(b) sections 275 and 276 (extension and modification of functions of statutory undertakers), and

shall have effect as if a conservation board were a local authority for the purposes of that Act.

(4) The reference to a local authority in section 66(2) of the Planning (Listed Buildings and Conservation Areas) Act 1990 (which refers to the powers of a local authority under sections 232, 233 and 235(1) of the Town and Country Planning Act 1990) shall include a reference to a conservation board."

Prepared 14 April 1999