OpenLegislation

Countryside Act 1968 in Scotland

1968 c. 41 · Enacted 3 July 1968 · Extends to England, Wales and Scotland

Not fully up to date. 7 changes made by later legislation have not yet been written into this text, which is revised to 25 October 2023.

See the changes not yet applied
ProvisionChangeMade by
s. 41(7A)word omittedPlanning (Consequential Provisions) (Wales) Act 2026 Sch. 2 para. 80(c)
s. 2(2)word omittedPlanning (Consequential Provisions) (Wales) Act 2026 Sch. 2 para. 79
s. 2(5)(a)word omittedPlanning (Consequential Provisions) (Wales) Act 2026 Sch. 2 para. 79
s. 2(6)word omittedPlanning (Consequential Provisions) (Wales) Act 2026 Sch. 2 para. 79
s. 12(5B)word omittedPlanning (Consequential Provisions) (Wales) Act 2026 Sch. 2 para. 80(a)
s. 13(8A)word omittedPlanning (Consequential Provisions) (Wales) Act 2026 Sch. 2 para. 80(b)
s. 49(2)words insertedPlanning (Consequential Provisions) (Wales) Act 2026 Sch. 2 para. 81

An Act to enlarge the functions of the F1Agency established under the National Parks and Access to the Countryside Act 1949, to confer new powers on local authorities and other bodies for the conservation and enhancement of natural beauty and for the benefit of those resorting to the countryside and to make other provision for the matters dealt with in the Act of 1949 and generally as respects the countryside, and to amend the law about trees and woodlands, and footpaths and bridleways, and other public paths.

[3rd July 1968]C1I1C2C3C4

Annotations to the whole text

Textual amendments

F1

Word in long title substituted (20.2.1999) by S.I. 1999/416 art. 3, Sch. 1 para. 4(5)

Modifications

C1

References to a local planning authority to be construed in accordance with Local Government Act 1972 (c. 70, SIF 81:1), s. 184(1)(2)(b)(4)(5), Sch. 17

C2

Act: functions transferred (E.W.) (19.9.1995) by 1995 c. 25, ss. 68(2)(a)(8), 125(2) (with ss. 7(6), 115, 117, Sch. 8 para. 7)

C3

Act modified (E.W.) (19.9.1995) by 1995 c. 25, ss. 68(2)(b)(c), 125(2) (with ss. 7(6), 115, 117, Sch. 8 para. 7)

C4

Act amended (1.4.1996) by S.I. 1996/593, reg. 2, sch. 1

Act (except s. 47(4)): transfer of functions (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

Commencement

I1

Act wholly in force at 3.8.1968, see s. 50(3)

Contents

  1. 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  2. 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  3. 7Power to provide country parks.
  4. 10Camping and picnic sites.
  5. Nature conservation, National Parks and access to open country
  6. 15Areas of special scientific interest.
  7. 22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  8. Trees and woodlands
  9. 24Amendments of Forestry Act 1967.
  10. 24AIncidental powers of the Commissioners
  11. Public rights of way
  12. 32. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  13. Supplemental
  14. 37Protection for interests in countryside.
  15. 46Application of general provisions of Act of 1949.
  16. 48Expenses and payments into Exchequer.
  17. 49Interpretation.
  18. 50Short title, repeals, commencement and extent.
  19. Schedule 1: Proposals Submitted to Statutory Undertakers and other Authorities
  20. 1Paragraph 1
  21. 2Paragraph 2
  22. Schedule 2: Procedure for taking Common Land
  23. 1Paragraph 1
  24. Preliminary notices
  25. 2Paragraph 2
  26. Compulsory purchase
  27. Acquisition by agreement and appropriation.
  28. 4Paragraph 4
  29. Power to override restrictions affecting common land
  30. 5Paragraph 5
  31. Protection for statutory undertakers
  32. Interpretation
  33. Schedule 3: Public Rights of Way
  34. I. . . . . . . . . . . . . . . . . . . . . . . . .Part I. . . . . . . . . . . . . . . . . . . . . . . . .
  35. s II-IV. . . . . . . . . . . . . . . . . . . . . .Part s II-IV. . . . . . . . . . . . . . . . . . . . . .
  36. Schedule 4Schedule 4
  37. Schedule 5Repeals

3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

7Power to provide country parks.C1C2C3

(1)

Subject to section 6 above, a local authority shall have power, on any site in the countryside appearing to them suitable or adaptable for the purpose set out in section 6(1) above, to provide a country park, that is to say a park or pleasure ground to be used for that purpose.

(2)

A local authority shall have power to extend, maintain and manage the country park and to do all other things appearing to them desirable for the said purpose in connection with the provision of a country park and in particular—

(a)

to lay out, plant and improve the site, and to erect buildings and carry out works,

(b)

to provide facilities and services for the enjoyment or convenience of the public, including meals and refreshments, parking places for vehicles, shelters and lavatory accommodation,

(c)

to provide facilities and services for open-air recreation:

Provided that a local authority shall not under this section provide accommodation, meals or refreshments except in so far as it appears to them that the facilities therefor within the country park are inadequate or unsatisfactory, either generally or as respects any description of accommodation, meals or refreshments, as the case may be.

(3)

The powers conferred by the foregoing provisions of this section and by the next following section may be exercised by the local authority—

(a)

on land belonging to them, or

(b)

on such terms as may be agreed with the owners and any other persons whose authority is required for the purpose, on other land,

and an agreement under paragraph (b) above may provide for the making by the local authority of payments in consideration of the making of the agreement and payments by way of contribution towards expenditure incurred by the persons making the agreement in consequence thereof.

(4)

A local authority shall have power to acquire compulsorily any land required by them for the purpose of their functions under this and the next following section.

(5)

It if appears to a local authority that a park or pleasure ground provided or acquired by the local authority before the coming into force of this section, or otherwise than under or for the purposes of this section, can suitably be used as a country park, that park or pleasure ground shall, from such date as the local authority may determine, be treated for all the purposes of this Act as a country park provided under this section, but—

(a)

this subsection shall not affect any trust, covenant or other restriction to which the park or pleasure ground is subject, and

(b)

no grant shall be payable under this Act in respect of expenditure incurred before the date so determined.

(6)

If it appears to a local authority that land provided or acquired by them before the coming into force of this section, as open country to be used for the purposes of Part V of the Act of 1949, can suitably be used as a country park, that land, or any part of it, shall, from such date as the local authority may determine, be treated for all the purposes of this Act as a country park provided under this section; and, if the land was acquired under section 76 of the Act of 1949 (compulsory acquisition for public access), the land so treated shall cease to be subject to that section, but—

(a)

this subsection shall not affect any trust, covenant or other restriction to which the land is subject; and

(b)

no grant shall be payable under this Act in respect of expenditure incurred before the date so determined.

(7)

A country park provided under this section shall not be subject to any of the following enactments (which relate to parks and pleasure grounds):

  • Section 164 of the M1Public Health Act 1875.

  • Section 44 of the M2Public Health Acts Amendment Act 1890.

  • Sections 76 and 77 of the M3Public Health Acts Amendment Act 1907.

  • Section 56(5) of the M4Public Health Act 1925.

  • F1Section 145 of the M5Local Government Act 1972.

10Camping and picnic sites.

C1C2(1)

A local planning authority and the council of a county district shall have power to provide in the countryside within their area camping sites for holiday and recreational purposes, to be used primarily as places for setting up tents, with space for parking vehicles and a means of access to and from a road.

(2)

A local planning authority and the council of a county district shall have power to provide in the countryside within their area picnic sites for motorists and others using the roads, with space for parking vehicles and a means of access to and from a road.

(3)

Subject to the provisions of this section, the local authority shall have power to do anything appearing to them desirable in connection with the provision of a site under subsection (1) or subsection (2) above, and in particular to manage a site or to lease it to some other person, and to provide for the use of those occupying the site any services or facilities for their health or convenience.

(4)

A local authority shall have power to acquire compulsorily any land required by them for the purposes of their functions under this section.

15Areas of special scientific interest.C1C2

(F11)

This section has effect as respects land F2. . . which is or forms part of an area which in the opinion of F3the F4NRBW or Scottish Natural Heritage is of special interest by reason of its flora, fauna, or geological or physiographical features.

(2)

Where, for the purpose of conserving those flora, fauna or geological or physiographical features, it appears to the NRBW F5or (as the case may be) Scottish Natural Heritage expedient F6. . . to do so, the NRBWor (as the case may be) Scottish Natural Heritage may enter into an agreement with the owners, lessees and occupiers of any such land F7(or of any F8adjacent other land) which imposes restrictions on the exercise of rights over land by the persons who can be bound by the agreement.

(3)

Any such agreement—

(a)

may provide for the carrying out on the land of such work and the doing thereon of such other things as may be expedient for the purposes of the agreement,

(b)

may provide for any of the matters mentioned in paragraph (a) above being carried out, or for the cost thereof being defrayed, either by the owners or other persons, or by the NRBW F9or (as the case may be) Scottish Natural Heritage , or partly in one way and partly in another, and

(c)

may contain such other provisions as to the making of payments by theNRBWor (as the case may be) Scottish Natural Heritage as may be specified in the agreement.

(4)

Where section 79 of the M1Law of Property Act 1925 (burden of covenant running with the land) applies to any such restrictions as are mentioned in subsection (2) of this section, the NRBW shall have the like rights as respects the enforcement of the restrictions as if the NRBW had at all material times been the absolute owner in possession of ascertained land adjacent to the land in respect of which the restriction is sought to be enforced, and capable of being benefited by the restriction, and the restriction had been expressed to be for the benefit of that adjacent land.

Section 84 of the Law of Property Act 1925 (discharge or modification of restrictive covenants) shall not apply to such a restriction.

(5)

Schedule 2 to the M2Forestry Act 1967 (powers of tenants for life and other limited owners to enter into forestry dedication covenants or agreements) shall apply to any agreement made in pursuance of this section as it applies to such a covenant or agreement.

(F106)

This section shall apply to Scotland subject to the following modifications—

(a)

for subsections (4) and (5) substitute—

“(4)

An agreement entered into under this section affecting land in Scotland may be recorded in the General Register of Sasines or (as the case may be) registered in the Land Register of Scotland and, on being so recorded or registered, shall be enforceable at the instance of Scottish Natural Heritage against any person having an interest in the land and against any person deriving title from that person:

Provided that such an agreement shall not be enforceable against any third party who has in good faith and for value acquired right (whether title has been completed or not) to an interest in the land prior to the agreement being recorded or registered as aforesaid, or against any person deriving title from any such third party.

(5)

In the case of land in Scotland, a liferenter in possession of the land shall have the power to enter into agreements under this section relating to, or to any part of, the land.”, and

(b)

after subsection (5), insert—

“(5A)

The Trusts (Scotland) Act 1921 shall have effect as if among the powers conferred on trustees by section 4 thereof (which relates to the general powers of trustees) there were included a power to enter into agreements under this section relating to the trust estate or any part thereof.”.

F11(6A)

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

(7)

The Act of 1949 shall have effect as if this section were included in Part III of that Act.

22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

24Amendments of Forestry Act 1967.

(F11)

Without prejudice to the provisions of section 11 of this Act, F2the appropriate forestry authority may, on any land placed at their disposal by the Minister (as defined in the Forestry Act 1967), plant, care for and manage trees in the interests of amenity, and in section 3(1) of the Forestry Act 1967 (management of forestry land) the reference to F3the appropriate forestry authority's functions under that Act shall include a reference to their functions under this subsection.

(2)

The said Minister may acquire, whether by purchase, F4feu, lease, exchange or excambion, land which in his opinion ought to be used for planting trees in the interests of amenity, or partly for that purpose and partly for afforestation, together with any other land which must necessarily be acquired therewith, and may place any land acquired by him under this subsection at the disposal of F5the appropriate forestry authority .

(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6

(4)

The definition of “public open space” in section 9(6) of the M1Forestry Act 1967 shall not include a country park provided under section 7 of this Act, or a park or pleasure ground in the Lee Valley Regional Park which in the opinion of the Minister serves the purpose set out in section 6(1) of this Act when the considerations in paragraphs (a) and (b) of that subsection are taken into account.

(5)

This section shall be construed as one with the Forestry Act 1967, and that Act shall have effect as if subsections (2) . . . F7 above formed part of section 39 of that Act.

(F86)

In this section, “the appropriate forestry authority” means—

(a)

in relation to England, the Forestry Commissioners constituted under the Forestry Acts 1919 to 1945; and

(b)

in relation to Wales, the NRBW.

24AIncidental powers of the CommissionersF1

(1)

For the purpose of the exercise of their functions under sections 23(2) and 24(1) of this Act so far as relating to land in England F2..., F3the Forestry Commissioners constituted under the Forestry Acts 1919 to 1945 may—

(a)

form, or participate in the forming of, a body corporate;

(b)

invest in a body corporate;

(c)

provide loans;

(d)

establish a charitable trust; or

(e)

act, or appoint a person to act, as an officer of a body corporate or as a trustee of a charitable trust.

(2)

The powers contained in subsection (1)(b) and (c) shall be exercisable only with Treasury approval.

32. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

37Protection for interests in countryside.C1C2

In the exercise of their functions under this Act F1the Act of 1949 and the Wildlife and Countryside Act 1981 it shall be the duty of every Minister, and of F2 Natural England, the F3NRBW F4 . . . and local authorities to have due regard to the needs of agriculture and forestry and to the economic and social interests of rural areas.

46Application of general provisions of Act of 1949.

(1)

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).

F1(2)

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

F2(3)

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

(4)

Section 112 of the Act of 1949 (Epping Forest and Burnham Beeches) shall have effect as if the provisions of this Act about F3...country parks, common land and camping and picnic sites were mentioned in the said section 112(2).

(5)

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.

48Expenses and payments into Exchequer.

(1)

There shall be defrayed out of money provided by Parliament—

(a)

any sums required for the payment of grants under this Act, or any other expenses of a Minister under this Act, and

(b)

any increase attributable to the provisions of this Act in the sums payable out of such money under any other Act.

(2)

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

49Interpretation.

(1)

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

(2)

In this Act, unless the context otherwise requires—

  • “the Act of 1949” means the M1National 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 F1section 329(1) of the M2Highways Act 1980;

  • F2...

  • F3...

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

  • “the Minister”, as respects Wales and Monmouthshire, means the Secretary of State, and otherwise means F4the Secretary of State;

  • F5“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;

  • F6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)

In this Act “parish” means a rural parish F7. . .

(4)

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.

50Short title, repeals, commencement and extent.

(1)

This Act may be cited as the Countryside Act 1968.

C1(2)

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

(3)

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

F1(4)

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

(5)

This Act, except subsections (1), (3) F2. . . 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, F3. . . this Act shall not extend to Northern Ireland.

1

This Schedule has effect where any authority are consulted in accordance with section 8, section 12(4) or section 16(7) of this Act.

2

(1)

If the authority withhold their consent to the proposals about which they are consulted, the proposals shall not be proceeded with unless, on an application in that behalf specifying the proposals and the grounds for withholding consent, the Minister so directs, and subject to any conditions or modifications specified in the direction.

(2)

Before giving a direction under this paragraph the Minister shall afford to the objecting authority, and the authority by whom the proposals are made, an opportunity of being heard by a person appointed by him for the purpose, and shall consider that person’s report.

(3)

This Schedule shall apply with the necessary modifications where the Minister in accordance with section 16(8) of this Act consults any authority as respects an access order to be made by him.

1

(1)

For the purpose of enabling a local authority to exercise their powers under the principal section on land taken out of the common land the Minister may in accordance with this Schedule authorise a local authority to acquire any part of the common land, including all commonable and other rights in or over the land, and, where the local authority already hold the land, to appropriate that land for the purposes of the principal section.

(2)

Where the local authority already hold the land, but subject to any commonable or other rights in or over the land, they shall not appropriate the land until they have, under sub-paragraph (1) above, acquired all those rights.

(3)

Land acquired or appropriated as authorised under this paragraph shall be held by the local authority free from the public right of access, but shall be used for the benefit of the public resorting to the common land.

(4)

The Minister shall not give his authority under this paragraph unless he is satisfied—

(a)

that there has been or will be given in exchange for the land other land, not being less in area and being equally advantageous to the persons, if any, entitled to commonable and other rights, and to the public, and that the land given in exchange has been or will be vested in the persons in whom the land taken was vested, and subject to the like rights, trusts and incidents as attached to the land taken, or

(b)

that the giving in exchange of such other land is unnecessary, whether in the interests of the persons, if any, entitled to commonable or other rights or in the interests of the public.

2

(1)

Before the local authority apply to the Minister for authority under paragraph 1 above as respects any part of the common land, they shall in two successive weeks publish in one or more newspapers circulating in the locality of the land a notice—

(a)

stating that the local authority propose to make the application;

(b)

giving particulars of the land which it is proposed to take out of the common land;

(c)

stating whether land has been or is to be given in exchange, and, if so, giving particulars of that land, and stating the respective areas of the land to be taken and of the land given or to be given in exchange.

(2)

If all or any part of the land to be taken is in a parish, the local authority shall, not later than the time of first publication of the notice, serve a copy of the notice on the parish council or, in the case of a parish not having a parish council, on the chairman of the parish meeting.

(3)

The notice shall name a place within the locality where a map showing the said land, and any land given or to be given in exchange, may be inspected, and shall specify the time (not being less than twenty-eight days from first publication of the notice) within which and the manner in which representations with respect to the proposals in the notice may be made to the Minister.

(4)

The Minister shall before giving his decision on the application take into consideration every representation which has been duly made and which has not been withdrawn, and may if he thinks fit either afford to each person making such a representation an opportunity of appearing before and being heard by a person appointed by the Minister for the purpose, or cause a public inquiry to be held.

4

(1)

A local authority shall not acquire by agreement, or appropriate, any common land for the purposes of the principal section except as authorised under paragraph 1 of this Schedule.

(2)

Subject to sub-paragraph (1) above, a local authority may appropriate any common land for the purposes of the principal section without compliance with the provisions of F1section 122 of the M1Local Government Act 1972 or section 104 of the Act of 1949 as amended by section 23 of the M2Town and Country Planning Act 1959 (under which the approval of the Minister is required).

(3)

On an appropriation of land under this paragraph such adjustment shall be made in the accounts of the local authority as the Minister may direct.

5

No restrictions applying to commons generally, or to any particular common, contained in or having effect under any enactment, and no trust subject to which the common land is held, shall prevent a local authority from taking part of common land in accordance with this Schedule.

I. . . . . . . . . . . . . . . . . . . . . . . . .F1

s II-IV. . . . . . . . . . . . . . . . . . . . . .F1

Schedule 4F1

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

Schedule 5RepealsC1

ChapterShort TitleExtent of Repeal
9 & 10 Geo. 6. c. 49.The Acquisition of Land (Authorisation Procedure) Act 1946.Section 3(2)(3) (except as applies by section 15 of the Opencast Coal Act 1958 and except as respects an order made, or notice of which was published, before the coming into force of this Act.
12, 12 & 14 Geo. 6. c. 97.The National Parks and Access to the Countryside Act 1949.In section 2(3) the words “to any of the members of the Commission”.
In section 6(4) paragraphs (b) and (d).
Section 8(6).
Section 11(3).
In section 34 subsections (1) and (2) except as respects any review begun before the coming into force of this Act.
In section 73(1) the words from “whereby” to “undue hardship”.
Section 84.
Section 85(a).
In section 88 the words “(d) and”.
In section 89(4) the words from the beginning to “this Act ; and”.
In section 90(3) the proviso.
Section 92(2).
Section 93 and 94.
In section 97, except as respects expenditure incurred before the end of the financial year in which this Act is passed, insubsection (1) in paragraph (c) the words “(1) and”, and paragraphs (d) and (f), and subsections (2), (3) and (4).
In section 101 subsection (9) and in subsection (10)(a) the words “by the Commissioners of Crown Lands or”.
In Schedule 1, Part II, in paragraph 8 the words “or Part II”, and in paragraph 11 the words “or 6”.
5 & 6 Eliz. 2. c. 20.The House of Commons Disqualification Act 1957.In Part III of Schedule 1 the words “Chairman or Deputy Chairman of the National Parks Commission”.
11 & 12 Eliz. 2. c. 29.The Local Authorities (Land) Act 1963.In section 6(2), the words form the beginning to “accordingly” and the words from “for the words “by” to “section and””.