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NPACA1949 S91 PDF Print E-mail

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

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91.   Default powers of Secretary of State as to certain byelaws

(1) If a local planning authority, when required by the Secretary of State to make, as respects land or a waterway to which the public are given access by an agreement or order, or in consequence of acquisition, under Part V of this Act, byelaws with respect to any of the matters with respect to which they are empowered by the last foregoing section to make byelaws, do not within three months after being so required comply with the requirement to the satisfaction of the Secretary of State, he may himself make byelaws in relation to the matters, and as respects the land or waterway, in question:

Provided that before making byelaws under this section as respects a National Park or area of outstanding natural beauty the Secretary of State shall consult with the Agency Natural England (as regards land or waterways in England) or the Council (as regards land or waterways in Wales).

(2) Any byelaws made by the Secretary of State under this section shall have effect as if they had been made by the local planning authority and confirmed by the Secretary of State, and the provisions of this Act and of any enactment thereby applied shall have effect in relation to the byelaws accordingly.




this section amended by ;
Environmental Protection Act 1990 sched.8
SI 1999/416 sched.1
Natural Environment and Rural Communities Act 2006 sched.11



Updated 22/7/2006 [RK]

Last Updated ( Tuesday, 02 January 2007 )