Section 49 Extension of power to appoint wardens.

England and Wales

(1)

This section applies to any land in a National Park or in the countryside if—

(a)

the public are allowed access to the land; and

(b)

there is no power under any of the provisions of the 1949 Act and the 1968 Act for a local authority, a local planning authority, F1the Natural Resources Body for Wales or F2Natural England to appoint wardens as respects that land.

(2)

Subject to subsections (3) and (4) the power conferred on a local authority by section 92(1) of the 1949 Act (appointment of wardens) shall include a power, exercisable only with the agreement of the owner and of the occupier of any land to which this section applies, to appoint persons to act as wardens as respects that land.

(3)

The only purpose for which wardens may be appointed by virtue of subsection (2) is to advise and assist the public.

(4)

Notwithstanding the provisions of section 41(8) of the 1968 Act (Natural England F3or the Natural Resources Body for Wales to be local authority for purposes of section 92 of the 1949 Act), nothing in this section shall be construed as conferring on Natural England or the Natural Resources Body for Wales any additional power to appoint wardens.

Annotations

Textual amendments

F1: Words in s. 49 substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 178 (with Sch. 7)
F2: Words in s. 49(1)(4) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 93; S.I. 2006/2541, art. 2
F3: Words inserted ( 1.4.1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 130, Sch. 8 para. 6(6); S.I. 1991/685, art.3.