Section 245: Protected landscapes

Levelling-up and Regeneration Act 2023 · 2023 c. 55View on legislation.gov.uk

Part 12: Miscellaneous

The National Parks and Access to the Countryside Act 1949 is amended in accordance with subsections (2) and (3).

In section 4A (application of Part 2 of Act to Wales), after subsection (2) insert—

In section 11A (duty to have regard to purposes of National Parks)—

in the heading, for "to have regard" substitute ;"in relation"
after subsection (1), insert— 1A In exercising or performing any functions in relation to, or so as to affect, land in any National Park in England, a relevant authority other than a devolved Welsh authority must seek to further the purposes specified in section 5(1) and if it appears that there is a conflict between those purposes, must attach greater weight to the purpose of conserving and enhancing the natural beauty, wildlife and cultural heritage of the area comprised in the National Park. 1B In exercising or performing any functions in relation to, or so as to affect, land in any National Park in England, a devolved Welsh authority must have regard to the purposes specified in section 5(1) and if it appears that there is a conflict between those purposes, must attach greater weight to the purpose of conserving and enhancing the natural beauty, wildlife and cultural heritage of the area comprised in the National Park.;
in subsection (2), after "Park", in the first place it occurs, insert ;"in Wales"
after that subsection, insert— 2A The Secretary of State may by regulations make provision about how a relevant authority is to comply with the duty under subsection (1A) (including provision about things that the authority may, must or must not do to comply with the duty).;
after subsection (5), insert— 5A In this section, "devolved Welsh authority" has the same meaning as in the Government of Wales Act 2006 (see, in particular, section 157A of that Act).

After section 66 of the Environment Act 1995 (national park management plans), insert—

The Countryside and Rights of Way Act 2000 is amended in accordance with subsections (6) to (10).

In section 85 (general duty of public bodies etc)—

before subsection (1), insert— A1 In exercising or performing any functions in relation to, or so as to affect, land in an area of outstanding natural beauty in England, a relevant authority other than a devolved Welsh authority must seek to further the purpose of conserving and enhancing the natural beauty of the area of outstanding natural beauty. A2 In exercising or performing any functions in relation to, or so as to affect, land in an area of outstanding natural beauty in England, a devolved Welsh authority must have regard to the purpose of conserving and enhancing the natural beauty of the area of outstanding natural beauty.;
in subsection (1), after "beauty", in the first place it occurs, insert ;"in Wales"
after that subsection, insert— 1A The Secretary of State may by regulations make provision about how a relevant authority is to comply with the duty under subsection (A1) (including provision about things that the authority may, must or must not do to comply with the duty).;
in subsection (3), after "(2)—" insert— "devolved Welsh authority" has the same meaning as in the Government of Wales Act 2006 (see, in particular, section 157A of that Act);.

In section 87 (general purposes and powers)—

before subsection (1) insert— A1 It is the duty of a conservation board established in relation to an area in England, in the exercise of their functions, to seek to further—but if it appears to the board that there is a conflict between those purposes, they are to attach greater weight to the purpose mentioned in paragraph (a). a the purpose of conserving and enhancing the natural beauty of the area of outstanding natural beauty, and b the purpose of increasing the understanding and enjoyment by the public of the special qualities of the area of outstanding natural beauty,;
in subsection (1), after "board", in the first place it occurs, insert ;"established in relation to an area in Wales"
in subsection (2), for the words from "while" to "(1)" substitute ."whilst fulfilling their duties under subsection (A1) or (1) (as the case may be)"

In section 90 (supplementary provisions relating to management plans), after subsection (2) insert—

After that section insert—

After section 91 insert—

The Norfolk and Suffolk Broads Act 1988 is amended in accordance with subsections (12) to (15).

In section 3 (the Broads Plan), after subsection (6) insert—

In section 17A (general duty of public bodies etc)—

in subsection (1), for "shall have regard to" substitute ;"must seek to further"
after that subsection insert— 1A The Secretary of State may by regulations make provision about how a relevant authority is to comply with the duty under subsection (1) (including provision about things that the authority may, must or must not do to comply with the duty).

After that section insert—

In section 24 (orders and byelaws)—

in the heading, after "orders" insert ;", regulations"
in subsection (1), after "orders" insert ;"or regulations"
in subsection (3), after "orders" insert .", regulations"

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Reuse reviewed 21 August 2026 under Open Government Licence v3.0.