Countryside (Scotland) Act 1967

There shall be established a Countryside Commission for Scotland (in this Act referred to as " the Commission ") who shall exercise the functions conferred on them by this Act for the provision, development and improvement of facilities for the enjoyment of the Scottish countryside, and for the conservation and enhancement of the natural beauty and amenity thereof.

In the exercise of their functions the Commission shall have due regard to the need for the development of recreational and tourist facilities and for the balanced economic and social development of the countryside.

The Commission shall consist of such number of members not exceeding fourteen, as the Secretary of State may from time to time determine, and the members shall, in accordance with subsection (4) below, be appointed by the Secretary of State, who may appoint one of them to be chairman.

The Commission shall be comprised of—

The provisions of Schedule 1 to this Act shall have effect with respect to the Commission.

The Secretary of State may, after consultation with the Commission, give to them directions of a general character as to the exercise of their functions, and the Commission shall give effect to any such directions.

In Part III of Schedule 1 to the House of Commons Disqualification Act 1957 (which specifies offices the holders of which are disqualified under that Act) as it applies to the House of Commons of the Parliament of the United Kingdom, there shall be inserted at the appropriate point in alphabetical order the entry " Chairman of the Countryside Commission for Scotland ".

In this Act " the countryside " means the areas which are for the time being designated as such on maps prepared and approved by the Secretary of State in accordance with subsections (2) to (5) below, or as amended by him under subsection (6) below, or, before the approval of those maps, such areas as are described in subsection (8) below.

The Secretary of State shall, as soon as may be after the passing of this Act, prepare maps relating to the areas of local planning authorities designating the parts of those areas which are to be treated as the countryside for the purposes of this Act, and in preparing those maps he shall consult with the Commission and the local planning authorities concerned and shall have regard to the following considerations—

The Secretary of State shall refer the maps mentioned in subsection (2) above to the Commission and to the local planning authorities concerned, who may make representations to him with respect thereto.

Having considered any representations made to him under subsection (3) above the Secretary of State may make such amendments, if any, to the maps as he considers appropriate and may from time to time approve those maps.

The Secretary of State shall complete his approval of all the maps referred to in subsection (2) above within one year from the passing of this Act or within such longer period (not exceeding two years from the passing of this Act) as may be specified in an order made by statutory instrument by him, and any such statutory instrument shall be subject to annulment in pursuance of a resolution of either House of Parliament.

After the completion of his approval of the maps in accordance with subsection (5) above the Secretary of State may, having regard to any changes in the circumstances affecting the areas concerned, from time to time prepare and approve amendments to those maps, and the provisions of subsections (2) to (4) above with regard to the preparation and approval of maps shall, apart from any provision as to time, apply with any necessary modifications to the preparation and approval of those amendments.

Every local planning authority shall make available for inspection by the public at all reasonable hours and without charge copies of the maps relating to their district which have been approved by the Secretary of State under this section, including any amendments of those maps which have been approved as aforesaid, and copies thereof, including reproductions on such scale as may be appropriate, shall be made available by them on sale to the public at a reasonable cost.

Before the approval by the Secretary of State of maps relating to an area, " the countryside " in relation to that area means the landward areas of counties and the areas of small burghs containing according to the last published census a population of less than 5,000 inhabitants, but excludes such areas or includes such other areas as the Secretary of State, having regard to the considerations mentioned in paragraphs (a) to (c) of subsection (2) above, may, after consultation with the Commission and the local planning authorities concerned, by order from time to time designate.

In pursuance of section 3(c) above the Commission shall have the following functions—

The Secretary of State may approve in whole or in part or with modifications any proposals submitted to him under paragraph (a) of the foregoing subsection, or may refuse to approve them.

Section 14(2) of the Highlands and Islands Development (Scotland) Act 1965 (approval deemed to be planning permission) shall apply to an approval under subsection (2) above as it applies to an approval under that Act, so however that for any reference to the Board in that section there shall be substituted a reference to the Commission.

For the purpose of their functions under section 5(1)(b) above the Commission may—

The disposal of land under this section may be by way of sale, feu, lease, or excambion, and there may be created in relation to land held by the Commission any servitude, right or other privilege, but such land may not be disposed of by way of gift.

The powers conferred by paragraphs (d) to (g) of subsection (1) above—

Where any person having such an interest in any land as enables him to bind the land enters into any such agreement as aforesaid, the agreement may be recorded in the Register of Sasines, and if so recorded shall be enforceable at the instance of the Commission against persons deriving title to the land from the person who entered into the agreement: Provided that any such agreement shall not be enforceable against a third party who shall have in good faith and for value acquired right (whether completed by infeftment or not) to the land prior to the agreement being recorded as aforesaid, or against any person deriving title from such third party.

In accordance with arrangements approved by the Secretary of State and the Treasury, the Commission shall have power to give financial assistance by way of grant or loan, or partly in one way and partly in the other, to any person, other than a public body, carrying on or proposing to carry on any project approved by the Secretary of State for the purposes of this section which in the opinion of the Commission is conducive to the attainment of any of the purposes of this Act.

Before applying for the approval of the Secretary of State to any such project the Commission shall satisfy themselves that in all the circumstances it is preferable that the project should be carried out by a person other than a public body.

On making a grant or loan under this section the Commission may impose such conditions as they think fit, including (in the case of a grant) conditions for repayment in specified circumstances.

In this section " public body " does not include The National Trust for Scotland for Places of Historic Interest or Natural Beauty incorporated by the Order confirmed by the National Trust for Scotland Order Confirmation Act 1935.

The Commission may, and if so requested by the Secretary of State or any local planning authority shall, advise the Secretary of State or, as the case may be, the authority, in relation to any matter arising under the Planning Acts which affects land in the countryside.

In this section " the Planning Acts " means the Town and Country Planning (Scotland) Act 1945 and the Town and Country Planning (Scotland) Acts 1947 to 1966.

The Commission may, and if so requested by the Secretary of State shall, advise him as to the exercise of his powers under subsections (2) and (3) below.

Where the Secretary of State is satisfied that any area in the countryside should by reason of its beauty or amenity or other special characteristics be the subject of further planning control, he may, after consultation with any local planning authority concerned, by order designate that area as an area of special planning control, and where an area is so designated the following provisions of this section shall apply.

The Secretary of State may give directions to any local planning authority requiring them to give in accordance with subsection (4) below such information as may be specified in the directions regarding applications made to them for planning permission in respect of all development or any class of development as may be so specified in or in any part of an area of special planning control.

Where directions under subsection (3) above are in force in relation to any application for planning permission the information specified in the directions shall, within 21 days of receipt by them of the application or such longer period as the Secretary of State may in any particular case allow, be given by the local planning authority to the Secretary of State and to the Commission, and the authority may when giving that information indicate the manner in which they propose to dispose of the application.

After consultation with the local planning authority concerned the Commission shall, within 21 days of the receipt by them of such information relating to an application for planning permission, or such longer period as the Secretary of State may in any particular case allow, make recommendations to the local planning authority as to the manner in which they should dispose of the application, including, where appropriate, recommendations as to the conditions which should be attached to a grant of planning permission, and the authority shall notify the Secretary of State whether or to what extent those recommendations are acceptable to them.

The Secretary of State shall as respects any application for planning permission in relation to which directions under subsection (3) above are in force intimate to the local planning authority concerned whether he desires that the application should be referred to him under section 13 of the Act of 1947 (reference of applications to the Secretary of State) and the authority shall not grant planning permission in respect of any such application until the Secretary of State intimates to them that he does not so desire.

Expressions used in this section have the same meanings as in the Act of 1947.

For the purpose of enabling the public to have access for open-air recreation to open country, the provisions of this Part of this Act shall apply to land which is or which gives or forms part of access to open country, being land—

In this Part of this Act " open country " means any land appearing to the authority with whom an access agreement is made or to the authority by whom an access order is made or by whom the land is acquired, as the case may be, to consist wholly or predominantly of mountain, moor, heath, hill, woodland, cliff or foreshore, with the waterways therein or contiguous or adjacent thereto (including any bank, barrier, dune, beach, flat or other land adjacent to the waterway or foreshore).

Subject to the following provisions of this Part of this Act, where an access agreement or order is in force as respects any land, a person who enters upon land comprised in the agreement or order for the purpose of open-air recreation without causing damage, or who is on such land for that purpose after having so entered thereon, shall not be treated as a trespasser on that land or incur any other liability by reason only of so entering or being on the land: Provided that this subsection shall not apply to land which for the time being is excepted land as hereinafter defined except in so far as an access agreement provides that it shall so In this subsection " means of access " has the same meaning as in section 17 below.

Nothing in the provisions of the foregoing subsection shall entitle a person to enter or be on any land, or to do anything thereon, in contravention of any prohibition contained in or having effect under any enactment.

An access agreement or order may specify or provide for imposing restrictions subject to which persons may enter or be upon land by virtue of subsection (1) above, including in particular, but without prejudice to the generality of this subsection, restrictions excluding the land or any part thereof at particular times from the operation of the said subsection (1); and that subsection shall not apply to any person entering or being on the land in contravention of any such restriction or failing to comply therewith while he is on the land.

Without prejudice to the provisions of the last foregoing subsection, subsection (1) above shall have effect subject to the provisions of Schedule 2 to this Act as to the general restrictions to be observed by persons having rights of access by virtue of the said subsection (1).

For the purposes of this Part of this Act, the expression " excepted land " means land which for the time being is of any of the following descriptions, that is to say— Provided that land which is for the time being comprised in an access agreement or order shall not become excepted land by reason of any development carried out thereon, or any change of use made thereof, if the development or change of use is one for which under the Act of 1947 planning permission is required and either that permission has not been granted or any condition subject to which it was granted has been contravened or has not been complied with.

In the exercise of their duty under section 3(a) above to keep under review the need to secure public access to the countryside for the purposes of open-air recreation, the Commission shall consult from time to time with local planning authorities and with such bodies as appear to the Commission to be representative of owners and occupiers of land for the purpose of ascertaining what land there is of the descriptions specified in section 10(2) above and considering what action should be taken, whether by the making of access agreements or orders or by the acquisition of land, for securing such public access.

In considering what action should be taken as aforesaid, the Commission and the local planning authority shall have regard to all relevant circumstances, including—

A local planning authority may with the approval of the Secretary of State make an access agreement with any person having an interest in land in the area of the authority whereby the provisions in that behalf of this Part of this Act shall apply to the land.

An access agreement may provide for the making of payments by the local planning authority of either or both of the following descriptions, that is to say in consideration of the making of the agreement and by way of defraying or contributing towards expenditure incurred by the person making the agreement in consequence thereof.

An access agreement may be made subject to such provisions for revocation or variation as may be specified in the agreement.

Any person, being the liferenter or the heir of entail, in possession of any land shall have power to enter into access agreements relating to the land or any part thereof.

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 access agreements relating to the trust estate or any part thereof.

Where after consultation with the local planning authority it appears to the Commission desirable that an access agreement should be made in respect of any land, they may request the local planning authority to enter into such an agreement; and before entering into an access agreement in respect of land in any area of special planning control, the local planning authority shall consult with the Commission.

Subject to the provisions of subsection (8) below, where an access agreement is made with one or some, but not all, of the persons having interests in the land to which the agreement relates, the provisions of this Part of this Act shall not, as against any person for the time being entitled to an interest in the land who is not a party to the agreement, operate so as to prejudice his rights in relation to that interest, or impose any restriction on him or confer any right against him, and the local planning authority shall, as soon as may be after the agreement is made, serve a copy of the agreement on every such person who is not a party thereto.

A grazings committee appointed under section 24 of the Crofters (Scotland) Act 1955 may, with the consent of a majority of the crofters ordinarily resident in the township, enter into an access agreement in relation to any part of the common grazings and may agree to the revocation or variation of any such agreement, and such agreement, revocation or variation shall be binding upon all the crofters who share in the common grazings and upon their successors.

Where any agreement referred to in the last foregoing subsection contains a provision for the making of a payment under subsection (2) above, the payment shall be made to the grazings committee and shall be applied by them—

In this section " crofter " has the meaning assigned to it by section 3 of the Crofters (Scotland) Act 1955 as read with section 15(6) of the Crofters (Scotland) Act 1961.

Subject to the provisions of this section, the authority by whom an access order may be made shall be the local planning authority in whose area the land in question is situated; and an order made by such an authority shall be submitted to the Secretary of State and shall not have effect unless confirmed by him.

An access order shall not be made as respects any land—

An access order shall contain a map, on such scale as may be prescribed, defining in such manner as may be prescribed— and the order shall also include such descriptive matter, if any, as may be prescribed or as may appear to the said authority to be requisite for the purposes of the order.

The provisions in that behalf of Schedule 3 to this Act shall apply to the making, confirmation, coming into operation and validity of access orders.

The Secretary of State shall not confirm or make an access order before byelaws have been made and confirmed under section 54 or made under section 55 of this Act in relation to the land in question.

Where after consultation with the local planning authority it appears to the Commission desirable that an access order should be made in respect of any land, the Commission may request the authority to make an order accordingly; and before making an access order in respect of land in any area of special planning control, the local planning authority shall consult with the Commission.

If in respect of any land— the Secretary of State, after consultation with the local planning authority and with the Commission, may direct the authority to make the order or may himself make the order.

An access order may specify work or other things to be done (either at one time or from time to time) on the land in the exercise of the powers conferred by section 61 below.

If, on the submission of an access order to the Secretary of State for confirmation, a representation is duly made as respects any land— then, subject to the provisions of this section, if the Secretary of State is satisfied that the conditions specified in paragraph (a), (b) or (c) of this subsection are fulfilled and outweigh the benefit arising from the increased facilities for public access, he shall not confirm the order so as to apply the said provisions to the land.

Where, as respects land comprised in an access agreement, it is represented to the Secretary of State that the conditions specified in paragraph (a), (b) or (c) of the foregoing subsection are fulfilled, and the Secretary of State is satisfied as stated in that subsection, then subject to the provisions of this section—

Where, as respects land comprised in an access order (whether made by the Secretary of State or by a local planning authority), it is represented to the Secretary of State that the conditions specified in paragraph (a), (b) or (c) of subsection (1) above are fulfilled, and the Secretary of State is satisfied as stated in that subsection, then subject to the provisions of this section the Secretary of State shall make an order varying the access order so as to exclude the land.

Before exercising any of his functions under this section the Secretary of State shall consult with the Commission; and before coming to a conclusion on any such representation as is mentioned in the two last foregoing subsections, the Secretary of State shall either cause a local inquiry to be held or afford to the person by whom the representation was made and to the local planning authority concerned an opportunity of being heard by a person appointed by the Secretary of State for the purpose, and shall consider the report of the person by whom the inquiry was held or the person appointed as aforesaid as the case may be.

In determining whether the conditions specified in paragraph (a), (b) or (c) of subsection (1) above are fulfilled in the case of any proposed access order, the Secretary of State shall have regard to the provisions of section 11 (3) above; and references in this section to varying an agreement or order so as to exclude land shall include references to varying an agreement or order by the imposition of such restrictions under the said section 11(3) as may be specified by the Secretary of State as requisite for the purposes of this section.

In this section the expression " timber " includes trees of every description, and also saleable underwood.

A person interested in any land comprised in an access agreement or order, not being excepted land, shall not carry out any work thereon whereby the area to which the public are able to have access by virtue of the agreement or order is substantially reduced: Provided that nothing in this subsection shall affect the doing of anything whereby any land becomes excepted land.

Any restriction arising under an agreement or otherwise as to the use of any land comprised in an access agreement or order shall have effect subject to the provisions of this Part of this Act, and any liability of a person interested in such land in respect of such a restriction shall be limited accordingly.

For the purposes of any enactment or rule of law as to the circumstances in which a right of way or servitude may be constituted, use of land by the public or by any person at any time while it is comprised in an access agreement or order shall be disregarded.

Every access agreement and access order and every instrument or order varying or revoking any such agreement or order shall contain a particular description of the lands affected or a description by reference of those lands in the manner provided by section 61 of the Conveyancing (Scotland) Act 1874.

As soon as may be after any such agreement or instrument as is referred to in the last foregoing subsection is made, or after any such order is confirmed, the local planning authority shall cause it to be recorded in the Register of Sasines, and when so recorded, it shall be enforceable at the instance of the local planning authority against persons deriving title to the land or to the relevant interest therein from the person so entitled when the agreement, order or instrument was made: Provided that any such agreement, order or instrument shall not be so enforceable against a third party who shall have in good faith and for value acquired right (whether completed by infeftment or not) to the land or to the relevant interest therein prior to the agreement, order or instrument being recorded as aforesaid, or against any person deriving title from such third In this subsection, " relevant interest " means an interest which is subject to such an agreement, order or instrument as is referred to in the last foregoing subsection.

An access agreement or order may make such provision as appears expedient for the purposes of the agreement or order for securing that safe and sufficient access will be available for the public on the land comprised in the agreement or order.

Provision made by an access agreement or order by virtue of this section may be provision for any one or more of the following matters—

No provision made by an access order by virtue of this section shall—

Where it appears to the local planning authority in whose area the land is situated that any work is required for giving effect to any such provision of an access agreement or order as is specified in paragraphs (a), (b), (c) and (e) of subsection (2) above, the authority may agree with the owner and occupier of the land as to the carrying out of the work, and where it is agreed that it shall be carried out otherwise than by the authority may defray the cost of the carrying out thereof, or may contribute such part of that cost as may be specified in the agreement.

If, in a case falling within the last foregoing subsection— the local planning authority, after giving to the owner and the occupier not less than fourteen days' notice of their intention so to do, may take all necessary steps for carrying out the work ; and where, in a case to which paragraph (b) of this subsection applies, the agreement provided that the authority should contribute part of the cost of carrying out the work, the authority may recover the amount of any expenses reasonably incurred by them in carrying out the work, reduced by their contribution under the agreement, from the person by whom under the agreement the cost (apart from the authority's contribution) of carrying out the work would fall to be borne.

In this section the expression " means of access," in relation to land, means any opening in a wall, fence or hedge bounding the land or any part thereof, with or without a gate, stile or other works for regulating passage through the opening, any stairs or steps for enabling persons to enter on the land or any part thereof, or any bridge, stepping stone or other works for crossing a water-course, ditch or bog on the land or adjoining the boundary thereof.

If any person contravenes the provisions of section 16(1) above, or any such restriction as is specified in paragraph (d) of subsection (2) of the last foregoing section, any local planning authority whose area includes land in respect of which the contravention occurred may serve on that person a notice requiring him, within such period as may be specified in the notice, to carry out such work so specified as may appear to the authority to be requisite for remedying the contravention, being work for restoring or re-opening any means of access or for providing new means of access.

If within the period specified in a notice under the foregoing subsection the person on whom the notice is served fails to comply therewith, the local planning authority may take all necessary steps for carrying out the work specified in the notice and may recover from that person any expenses reasonably incurred by them in carrying it out.

Any person on whom a notice is served under subsection (1) above may, at any time within the period specified in the notice for carrying out the work so specified, appeal against the notice to the sheriff on the ground—

On any such appeal the sheriff, if satisfied of the grounds of the appeal, may— as the nature of the appeal may require; but if not so satisfied shall dismiss the appeal.

The sheriff on such an appeal to him may, and if so directed by the Court of Session shall, state a case for the opinion of that Court on any question of law arising in the proceedings, and an appeal shall lie to the Court of Session on any question of law from the decision of the sheriff.

Where an appeal is taken under this section, the time between the taking of the appeal and the final determination thereof shall be disregarded in determining the period within which, in accordance with the notice, the work specified therein is to be carried out.

For the purpose of enabling compensation under the last foregoing section to be assessed in the light of experience gained of the actual effect on land of the coming into operation of access orders, any such compensation shall not, save as hereinafter provided, be claimed or payable before the expiration of a period of five years from the coming into operation of the order giving rise to the compensation (in this and the next following section referred to as " the relevant order ").

Nothing in the foregoing subsection shall be construed as requiring such compensation to be assessed as at a date later than the date of the coming into operation of the relevant order; but in calculating the compensation it shall be assumed that on a sale at that date of the interest in respect of which the compensation is claimed, the purchaser would have had knowledge—

If during the said period of five years the relevant order is revoked or varied so as to exclude from the operation thereof any land not being excepted land, the foregoing provisions of this section shall thereupon have effect, so far as concerns any claim for compensation in respect of the operation of the relevant order as respects the said land, as if for any reference to the said period of five years there were substituted a reference to the period beginning with the coming into operation of the relevant order and ending with the said revocation or variation.

Where at different times within a period of five years two or more areas of land which are contiguous or adjacent to one another become comprised in access orders, and any person has an interest in each of those areas, then, with consent of every person having an interest in each of the areas other than the one first so comprised, the foregoing provisions of this section shall apply in relation to each of the last-mentioned areas with the substitution for any reference to the period of five years from the coming into operation of the order by virtue of which that area became so comprised as aforesaid of a reference to a period of five years from the coming into operation of the order by virtue of which the first of the areas became so comprised.

Any person claiming to be entitled to an interest in land in respect of the depreciation or the disturbance in the enjoyment of which compensation will become payable under section 20 above may apply to the local planning authority by whom the compensation will be payable to record his claim; and where an application is duly made under this subsection the authority shall record the claim accordingly in such manner as may be prescribed.

An application under the foregoing subsection shall be made in such manner and within such period (not being less than three months) after the date when the relevant order came into operation as may be prescribed, and shall be accompanied by such particulars of the interest in land in respect of which it is made as may be prescribed: Provided that nothing in this subsection shall authorise the imposition of any requirement that an applicant under the foregoing subsection shall state the amount of the compensation.

Within such period as may be prescribed (not being less than three months) after the end of the period after which under the last foregoing section compensation may be claimed, any person who has applied under subsection (1) above for the recording of a claim to compensation, or any person claiming under him in respect of that compensation, may apply to the local planning authority, in such manner as may be prescribed, for the payment of the compensation.

An application under the last foregoing subsection shall state the amount of compensation claimed by the applicant; and the application shall be accompanied by such evidence of the title of the applicant to the compensation as may be prescribed.

Any compensation payable under section 20 above shall become due when, on an application for the payment thereof duly made under subsection (3) above, the amount of the compensation has been agreed or, in default of agreement, has been determined in manner provided under section 70 below ; and any such compensation shall be payable with interest, at such rate as may be prescribed, from the date on which the relevant order came into operation to the date at which the compensation is paid.

At any time during the period after which, under section 21 above, compensation may be claimed in respect of the coming into operation of an order, a person claiming to be entitled to such compensation may apply to the local planning authority for a payment on account of the compensation on the ground of special circumstances; and if the authority are satisfied that such circumstances exist they shall make to him a payment on account of the compensation of such amount as they may determine.

Any person aggrieved by the refusal of a local planning authority to make a payment on account under the last foregoing subsection, or by their determination thereunder of the amount of the payment to be made to him, may appeal to the Secretary of State; and the Secretary of State, after affording to the said person and to the authority an opportunity of being heard by a person appointed by the Secretary of State for the purpose, may either confirm the decision of the authority or direct that they shall make a payment on account of such amount as appears to the Secretary of State to be just.

Where it appears to a local planning authority, as respects any land in their area which is or which gives or forms part of access to open country,— the authority, if it appears to them impracticable to obtain such access by an access agreement or access order, may, with the consent of the Secretary of State, acquire the land by agreement, whether by way of purchase, feu, lease or excambion, or acquire the land compulsorily.

A local planning authority may carry out on land acquired by them for the purposes of this section, and for the time being held by them for those purposes, such work as they may consider requisite for providing convenient means of access to the land or otherwise for the said purposes.

While land acquired by a local planning authority under this section is held by them for the purposes thereof, it shall be the duty of the authority so to manage the land as to give to the public access for open-air recreation to so much thereof as appears to the authority to be practicable, having regard to the nature of the different parts of the land, to anything done thereon which may result in danger to the public or to persons employed thereon unless public access to the land or to adjoining land is restricted, and to all other relevant circumstances.

Where it appears to the Secretary of State, as respects any land which is or which gives or forms part of access to open country— the Secretary of State may, with the consent of the Treasury, acquire the land by agreement, whether by way of purchase, feu, lease or excambion, or acquire the land compulsorily.

Unless in any particular case the Secretary of State otherwise determines, any land acquired by the Secretary of State under this section shall be transferred to such other persons on such trusts or subject to such conditions as may appear to him expedient for securing to the public access for open-air recreation to so much thereof as appears to the Secretary of State to be practicable, having regard to the matters mentioned in subsection (3) of the last foregoing section.

Subject to the provisions of the last foregoing subsection, the transfer of land under that subsection may be on such terms as to payment or otherwise as may, with the consent of the Treasury, be provided for by the arrangements for the transfer ; and where the arrangements so provide the Secretary of State may defray or contribute to the cost of managing the land while it is managed in accordance with the trusts 'or conditions referred to in the last foregoing subsection.

The Secretary of State may carry out on land acquired by him for the purposes of this section, and for the time being held by him for those purposes, such work as he may consider requisite for providing convenient means of access to the land or otherwise for the said purposes, or may arrange for any such work to be carried out by persons to whom the land is transferred.

The Secretary of State may defray the cost of managing any land acquired by him under this section and not transferred to other persons.

An authority who are required by the foregoing subsection to prepare and keep up to date any map shall, so long as they are required so to do, have copies of the map and of the notices referred to in paragraph (b) below available for inspection by the public at such places as the authority may determine ; and the authority shall display, at such places as they think fit, including places where the public obtain access to the land to which the map relates—

The authority making an access agreement or order shall, after consulting with the owner and occupier of any land concerned, so delimit the land to which the agreement or order applies as to exclude all land which, by reason of anything done thereon or on other land contiguous or adjacent thereto, it appears to the authority expedient to exclude for the purpose of avoiding danger to the public or to persons employed on any of the said land.

Where, while an access agreement or order is in force, the authority by whom the agreement or order was made are satisfied, as respects any land to which the agreement or order applies, that by reason of anything done or proposed to be done on that land or on other land contiguous or adjacent thereto it is expedient for the purpose aforesaid that the first-mentioned land should be excluded from the operation of the agreement or order, the authority shall vary the agreement or order so as to exclude that land.

The fact that an access agreement is expressed to be irrevocable shall not prevent its variation in pursuance of the last foregoing subsection; and where the concurrence of any party to an access agreement other than the said authority, or of the successor in title to his interest, cannot be obtained to the variation of the agreement in pursuance of that subsection, the said authority may by order made with the approval of the Secretary of State vary the agreement.

A local planning authority shall have power, as respects any land which is subject to an access agreement or order, or as respects land held by the authority to which section 26(1)(b) above applies, to take such steps and carry out such work (including the erection and maintenance of fences or notices) as appear to them requisite for protecting the public from any source of danger on the land or on adjoining land.

The provisions of the last foregoing subsection shall apply to the Secretary of State as respects land for the time being held by him under section 25 above as they apply to a local planning authority as respects land held by them.

The application of section 11 above to any land shall not, in relation to any factory, magazine, store or premises already established, constitute the land an open place of resort for the public, or a public place, for the purposes of the Explosives Acts 1875 and 1923, or any order made or licence granted thereunder.

The application of the said section 11 to any land shall, in relation to any factory, magazine, store or premises subsequently established, constitute the land such a place as aforesaid for the purposes of the said Acts or any such order or licence.

A country park is a park or pleasure ground in the countryside which by reason of its position in relation to major concentrations of population affords convenient opportunities to the public for enjoyment of the countryside or open-air recreation.

Each local planning authority shall assess the need for a country park whether within or outwith their area or partly within and partly outwith their area and shall from time to time review that need; for the purposes of this subsection each local planning authority, or where a joint advisory committee has been established under subsection (8) below, that committee, shall from time to time consult with Scottish Natural Heritage and with such other local planning authorities as appear to them to be concerned.

In assessing and reviewing the need for a country park under subsection (2) above, the local planning authority shall have regard to the existing availability and adequacy of such opportunities as are described in subsection (1) above.

Any local planning authority may, whether within or outwith their area or partly within and partly outwith their area, provide, lay out, improve, maintain and manage a country park including any buildings, equipment, facilities, services or works ancillary thereto or which appear to them to be requisite for the enjoyment or convenience of the public, and the authority shall have power to make such charges as they think fit in connection with the use of the park by the public.

Any two or more local planning authorities may combine together for the purpose of exercising the powers conferred by subsection (4) above and the expenditure incurred in the exercise of those powers shall be shared between the authorities on terms agreed by them having regard to the prospective use of the country park by the inhabitants of the areas of the respective authorities concerned or failing such agreement on terms determined by the Secretary of State having regard to the aforesaid consideration.

Any local planning authority or authorities shall have power to act as agent for any other local planning authority or authorities in the exercise of their powers under subsection (4) above and may receive from the authority or authorities on whose behalf they act contributions towards the expenditure incurred in the exercise of those powers on terms agreed or determined as mentioned in subsection (5) above.

The powers conferred by subsection (4) above may be exercised by a local planning authority either on land belonging to them, or, with the consent of all persons having an interest therein, on other land and they shall include power to make arrangements by agreement for the exercise of any of those powers on behalf of the authority by some other person on such terms as may be specified in the agreement.

Any two or more local planning authorities may, . . . concur in establishing a joint advisory committee for the purpose of making recommendations to those authorities as to the need mentioned in subsection (2) above, as to the provision of the country parks by those authorities, and for the purpose of consulting with Scottish Natural Heritage as to those matters; and any such committee shall be constituted in such manner as may be determined by the authorities by whom it is established: Provided that a majority of the members of any such committee shall be members of those authorities.

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For the purpose of any of their functions under this section a local planning authority may acquire land compulsorily,

A local authority shall have power to provide camping sites for holiday or recreational purposes whether for the benefit of the inhabitants of their own area or otherwise, and to manage the sites or lease them to some other person.

A local authority shall have power to do anything appearing to them desirable in connection with the provision of such sites, and in particular—

A local authority may make in respect of the use of sites managed by them, and of any services or facilities provided or made available under this section, such reasonable charges as they may determine.

A local authority shall, in the performance of their functions under this section, have power to acquire land compulsorily where it appears to them that a camping site or an additional camping site is needed in their area, or that land which is in use as a camping site should in the interests of the general public be taken over by the local authority.

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The powers conferred by section 24 of the Caravan Sites and Control of Development Act 1960 (which relates to the provision of caravan sites) may be exercised by local planning authorities as well as by local authorities within the meaning of that Act.

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Expenditure incurred by a district council under this or the next following section shall not be taken into account in any calculation as to the limit of one shilling per pound imposed on the district council by section 226 of the Local Government (Scotland) Act 1947.

A regional park is an extensive area of land, part of which is devoted to the recreational needs of the public.

Local authorities shall have power— and where it is appropriate that lands extending into the area of more than one local authority should be designated as a regional park the authorities concerned may jointly exercise the powers conferred by this subsection.

Subject to subsection (4)(c) below, an order under subsection (2)(a) above shall not take effect until it is confirmed by the Secretary of State, who may confirm such order either without modification or subject to such modifications as he considers expedient.

The Secretary of State shall by regulations made by statutory instrument prescribe the procedure for making orders under subsection (2)(a) above and the form of such orders; and (without prejudice to the generality of this subsection) the regulations shall make provision as follows:—

Any statutory instrument made in terms of subsection (4) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Where a planning application is made in relation to lands which fall within an area designated as a regional park, the planning authority shall have regard to the fact that the area has been so designated in considering the application.

A local authority may make arrangements for securing the provision in the countryside in their area (whether by the authority or by other persons) of accommodation, meals and refreshments and may for the purposes of such arrangements erect such buildings and carry out such work as may appear to them to be expedient: Provided that a local authority shall not under this subsection provide accommodation, meals or refreshments except in so far as it appears to them that the facilities therefor are inadequate or unsatisfactory, either generally or as respects any description of accommodation, meals or refreshments, as the case may be.

A local authority may acquire land compulsorily for the purposes of any of their functions under the foregoing subsection.

In this section “local authority”includes a planning authority.

The powers to provide parking places conferred on local roads authorities in Scotland by section 32 of the Road Traffic Regulation Act 1984 shall include a power to provide parking places where it appears to the authority desirable to do so to facilitate the enjoyment of the countryside by members of the public.

General and district planning authorities may exercise the power conferred by the foregoing subsection and for that purpose may acquire land compulsorily; and sections 32, 33, 35, 41, 101 and 102 of the Road Traffic Regulation Act 1984 shall apply for the purposes of this subsection as if for any reference therein to a local authority there were substituted a reference to a general or district planning authority.

Scottish Natural Heritage may enter into an agreement with any person having an interest in land to do, or to secure the doing of, whatever in the opinion of the parties to the agreement may be necessary to secure the conservation and enhancement or to foster the understanding and enjoyment of the natural heritage of Scotland.

A planning authority may enter into an agreement with any person having an interest in land to do or to secure the doing of whatever in the opinion of the parties to the agreement may be necessary to preserve or enhance the natural beauty of the countryside or to promote the enjoyment of the countryside by the public.

An agreement under subsection (1) or (2) above shall be known as a “ management agreement ”

A planning authority or Scottish Natural Heritage may make such payments in respect of such agreements as are specified in the agreement.

Any liferenter in possession of any land shall have power to enter into management agreements relating to the land or any part thereof.

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 power of trustees) there were included a power to enter into management agreements relating to the trusts estate or any part thereof.

Subsections (8) to (10) of section 13 of this Act shall apply to management agreements as they apply to access agreements.

Where any person having such an interest in any land as enables him to bind the land enters into any such agreement as aforesaid, the agreement may be registered either—

Any agreement registered in terms of subsection (8) above shall be enforceable at the instance of the planning authority or of Scottish Natural Heritage, as the case may be, against persons deriving title to the land from the person who entered into the agreement; provided that any such agreement shall not be enforceable against a third party who shall have in good faith and for value acquired right (whether title has been completed or not) to the land prior to the agreement being registered as aforesaid, of against any person deriving title from such third party.

Notwithstanding the terms of any management agreement, it shall be open at any time to the parties, as the case may be, to agree to terminate it; and where any management agreement has been registered in terms of subsection (8) above, the subsection agreement to terminate it shall be registered in the like manner.

or

The powers conferred by sections 2 and 3 of the said Act of 1964 may be exercised by local planning authorities as well as by local authorities within the meaning of that Act, and for the purposes of the said section 2 local planning authorities shall have power to acquire land compulsorily.

For the purposes of section 2(1)(a) and (c) and (2) of the said Act of 1964, general and district planning authorities may acquire land compulsorily.

The reference in section 3(2) of the said Act of 1964 (supplementary powers) to the powers conferred by section 2 of that Act shall include a reference to any powers conferred by this Act to carry out work, or provide services or facilities.

For the purposes of section 2(1)(b) of the said Act of 1964, planning authorities may acquire land compulsorily.

A local authority may defray or contribute towards, or undertake to defray or contribute towards, expenditure incurred or to be incurred for the purposes of this Act by any other local authority, or by any other public body or person, and may receive from such a body or person contributions in respect of any expenditure so incurred or to be incurred. In this subsection “expenditure for the purposes of this Act”, in relation to a local authority, includes expenditure in respect of which grant may be paid by virtue of section 67 of this Act.

In this section “local authority” includes a local planning authority.

A local authority may, as respects land in their area belonging to them and situated in the countryside, and a general or district planning authority may, as respects— make byelaws for the preservation of order, for the prevention of damage to the land, path, route, right of way, park , waterway or picnic site or anything thereon, therein, or adjacent thereto, and for securing that persons resorting thereto will so behave themselves as to avoid undue interference with the enjoyment of the land, path, route, right of way, park , waterway or picnic site by other persons.

Without prejudice to the generality of the foregoing subsection, byelaws under that subsection may prohibit, restrict or regulate— and may be made so as to relate either to the whole or to any part of the land, path, route, right of way park , waterway of picnic site, and may make different provisions for different parts thereof.

In subsection (1) above—

Before making byelaws under the foregoing provisions of this section a local authority may . . . consult with

Scottish Natural Heritage may in relation to land— make byelaws with respect to any of the matters mentioned in the foregoing provisions of this section.

In this section “ local authority ” includes a planning authority .

Byelaws made under this ... shall not interfere with the exercise of any public right of way or navigation or of any functions of statutory undertakers or any port authority or with the running of an electronic communications code network or the exersise of any right conferred by or in accordance with the electronic communications code on the operator of any such network.

Byelaws made under this section in relation to long-distance routes shall not come into operation in relation to any part of the route until—

If a local planning authority, when required by the Secretary of State, as respects land or a waterway in relation to which an agreement or order has been made by them for the purpose of giving access to the public or such an order has been prepared in draft by him, or to which the public are given access in consequence of acquisition under Part II of this Act, to make 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 in relation to areas in the countryside the Secretary of State may, and in the case of byelaws relating to an area of special planning control, shall, consult with the Commission.

Before making any byelaws under this section the Secretary of State shall cause the proposed byelaws to be made known in the locality to which they relate, shall give an opportunity for objections being made to the proposed byelaws, shall receive and consider all objections made and may if he considers it necessary or desirable cause a local inquiry to be held.

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.

For the prevention of danger, obstruction or annoyance to persons in or on the sea or using the seashore, a local planning authority may make byelaws—,

Any byelaw may be made under this section so as to have effect not only within the district of the local planning authority but also within a distance seaward from that district not exceeding one thousand yards from low-water mark of ordinary spring tides; and any offence against any such byelaw committed within that distance may be inquired into and dealt with as if it had been committed within the district of the local planning authority.

Byelaws made under this section shall not interfere with the exercise of any functions of statutory undertakers or any port authority.

Sections 202 to 204 of the Local Government (Scotland) Act 1973 (which relate to the procedure for making byelaws, penalties and the proof of byelaws in legal proceedings) shall apply to byelaws made by Scottish Natural Heritage or a local planning authority or an Electricity Board under section 54, . . . or section 64 of this Act as if Scottish Natural Heritage or authority or Board were a local authority within the meaning of the said Act of 1973.

In relation to byelaws made under the said section 54 . . . or the said section 64 the confirming authority for the purposes of section 202 of the said Act of 1973 shall be the Secretary of State.

The Forestry Commissioners constituted under the Forestry Acts 1919 to 1945 (in this and the next succeeding section referred to as " the Commissioners ") shall have the powers conferred on them by this section.

The Commissioners may, on any land placed at their disposal by the Secretary of State, provide, or arrange for or assist in the provision of tourist, recreational or sporting facilities and any equipment, facilities or works ancillary thereto, including without prejudice to that generality— and the Commissioners shall have power to make such charges as they think fit in connection with any of those facilities. In this subsection " provide " includes manage, maintain and improve.

The Commissioners' powers to make byelaws under section 46 of the Forestry Act 1967 shall include a power to make byelaws for regulating the reasonable use by the public of the facilities described in subsection (2) above, and in relation to any such matter as is described in section 54(2) above.

The Commission shall have power to act as agent for the Commissioners in the exercise of their powers under subsection (2) above.

The definition of " public open space " in section 9(6) of the Forestry Act 1967 shall be amended by inserting after " 1949 " the words " or of Part II or section 48 of the Countryside (Scotland) Act 1967 ".

Section 41 of the Forestry Act 1967 (which relates to the Forestry Fund) shall be amended as follows—

For the purpose of preventing disturbance by the engine noise of vehicles and aircraft to the enjoyment by the public of quiet areas of the countryside, local authorities shall, subject to the following provisions of this section, have power by byelaws to control—

Byelaws made under subsection (1) above shall not apply to the use of such vehicles of aircraft by—

Subsection (1) above shall not apply to the Crown.

In this section—

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The Secretary of State may make byelaws for regulating the reasonable use by the public of land to which this section applies and facilities made available thereunder, and in relation to any such matter as is described in section 54(2) above.

Before making any byelaws under this section the Secretary of State shall cause the proposed byelaws to be made known in the locality to which they relate, shall give an opportunity for objections being made to the proposed byelaws, shall receive and consider all objections made and may if he considers it necessary or desirable cause a local inquiry to be held.

When such byelaws are made the Secretary of State shall cause them to be published in such manner as appears to him to be necessary to make them known to persons in the locality to which they relate, and shall on application furnish to any person a copy of the byelaws on payment of such reasonable sum as he may determine.

A byelaw made under this section shall be deemed to be a regulation within the meaning of the Documentary Evidence Act 1868 and may be proved accordingly.

If anyone fails to comply with, or acts in contravention of, any byelaw made under this section he shall be guilty of an offence and be liable on summary conviction to a fine not exceeding level 2 on the standard scale.

This section applies to land held by the Secretary of State under or for the purposes of any of the following enactments— . . . . . . . . . . . . .

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Subject to the provisions of the next following section, a local planning authority may, as respects any waterway in their area, carry out such work and do such other things as may appear to them expedient for facilitating the use of the waterway by the public for sailing, boating, bathing, fishing or other water sport or recreation, but in doing so shall take into consideration the disturbance of any fishing rights over the waterway which may be caused thereby.

A local planning authority may, as respects any waterway in their area, enter into an agreement, on such terms as to payment or otherwise as may be specified in the agreement, with any public body on whom powers are conferred in relation to the waterway by or under any enactment, for the exercise by that body of any power conferred on the local planning authority by the last foregoing subsection.

Where an agreement is made under the last foregoing subsection for the exercise of any power by any such body as is therein mentioned, no limitation imposed by law on the capacity of that body by virtue of the constitution thereof shall operate so as to prevent the body from exercising that power.

Where it appears to the Secretary of State, as respects a waterway in the area of a local planning authority, that any power conferred on the authority by subsection (1) above should be exercised by any such body as is mentioned in subsection (2) above, and the local planning authority have not entered into an agreement with the said body under the said subsection (2), the Secretary of State may direct that the said power shall be exercisable by the said body: Provided that no direction shall be given under this subsection except after consultation with the local planning authority and the said body.

Subject to the following provisions of this section, no body shall exercise any power conferred by this section without the consent of Scottish Water so far as it has functions relating to the waterway in question; and before exercising any such power the body shall consult with every other body which under any enactment has functions relating to that waterway.

Where Scottish Water referred to in the last foregoing subsection has refused its consent to a proposed exercise of powers under this section, the body proposing to exercise the power may apply to the Secretary of State who, if he is satisfied that the consent of Scottish Water was unreasonably withheld, may authorise the proposed exercise of powers subject to such conditions or modifications as he may think fit.

Where any body consulted under subsection (5) above objects to a proposed exercise of powers under this section, and the objection is not withdrawn, the proposal shall not be proceeded with unless the body proposing to exercise the power applies to the Secretary of State who, if he is satisfied that it is expedient so to do, may authorise the proposed exercise of powers subject to such conditions or modifications as he may think fit, and if not so satisfied may refuse to authorise the proposed exercise of powers.

Before deciding whether to authorise any proposal on an application to him under either of the last two foregoing subsections, the Secretary of State shall consult with Scottish Natural Heritage and shall afford to the body proposing to exercise the power and , where it has refused its consent, to Scottish Water and to every other body which has objected to the proposed exercise of powers an opportunity of being heard by a person appointed by him for the purpose, and shall consider that person’s report.

Any local planning authority may acquire land compulsorily for the purpose of enabling any power conferred by this section to be exercised.

The provisions of the last foregoing section shall not authorise a body to do anything in relation to land in which any other person has an interest, if apart from that section the doing thereof would be actionable at his instance by virtue of that interest and he does not consent to the doing thereof: Provided that this subsection shall not apply in the case of land to or over which the public have access by virtue of an access order, but the exercise of any power under the last foregoing section as respects such land shall be subject to the provisions of Part II of this Act and of this section relating to such orders.

Any body proposing, in the exercise of the powers conferred by the last foregoing section, to carry out any work on land comprised in an access order, whether the work is specified in the order or not, shall give to the owner and occupier of the land not less than twenty-eight days’ notice of their intention so to do, specifying the work to be carried out.

Where the work specified in a notice given under the foregoing subsection has not been specified in an access order as mentioned in section 14(8) above, then if before the expiration of the said notice the owner or occupier of the land serves notice of objection on the body they shall not carry out the work except in accordance with the provisions of the next following subsections.

A body on whom notice of objection has been served under the last foregoing subsection shall afford to the objector an opportunity of being heard by a person appointed by them for the purpose and shall then determine either— and shall serve notice of their determination on the objector; and where the body determine as mentioned in paragraph (b) above, they may proceed with the work in accordance with the determination at any time after the expiration of fourteen days from the date on which notice of the determination is served on the objector: Provided that if the objector serves notice of appeal under the next following subsection the body shall not proceed with the work except in accordance with the provisions of that subsection.

Any person aggrieved by a determination of any body under the last foregoing subsection may within the period of fourteen days therein mentioned serve notice of appeal against the determination on the Secretary of State and on that body; and where notice of appeal is served under this subsection the Secretary of State, after affording to the appellant and to the body an opportunity of being heard by a person appointed by him for the purpose, and after considering that person’s report, shall either direct that the body may carry out the work (whether as specified in the notice given under subsection (2) above or subject to such modifications or conditions as the Secretary of State may think fit) or shall direct the body not to carry out the work.

Any power conferred by subsection (4)(b) above or by the last foregoing subsection to modify the work specified in a notice given under subsection (2) above shall not be exercised so as to affect land not affected by the notice.

Where the value of the interest of any person in land is depreciated, or any person has suffered damage by being disturbed in his enjoyment of land, in consequence of any work done under the powers conferred by the last foregoing section, on land comprised in an access order, the body who carried out the work shall pay to that person compensation equal to the amount of the depreciation or damage: Provided that nothing in this subsection shall confer on a person a right to compensation for depreciation of the value of an interest in land, or for disturbance in his enjoyment of land, of which account has already been taken or will be taken in fixing compensation under section 20 above: Provided also that nothing in this subsection shall confer on a person a right to such compensation in respect of land or the enjoyment thereof, not being in either case land on which the work was carried out or land held therewith, unless the carrying out of the work would have been actionable at his instance if it had been carried out otherwise than in the exercise of statutory powers.

A claim for compensation under the last foregoing subsection shall be made within such time and in such manner as may be prescribed and shall be made to the body by whom the work was carried out.

In this section “work” includes such other things as are referred to in section 61(1) above.

Subject to subsection (5) of this section Scottish Water may, if it appears to it reasonable to do so—

The powers of Scottish Water under subsection (1) above shall, in the case of a waterway or land in which Scottish Water has an interest but which it does not own, be exercisable only with the consent of the owners thereof: Provided that where those powers are to be exercised in relation to a particular part of a waterway the consent of the owners of that part only need be obtained if Scottish Water is satisfied that the exercise of those powers will not prejudice the rights or interests of other owners.

The provisions of this section shall not authorise any authority, body or person to do or permit anything in relation to a waterway or land in which any other person has an interest if apart from this section the doing or permitting thereof would be actionable at his instance by virtue of that interest and he does not consent to the doing or permitting thereof.

Scottish Water may make such reasonable charges as it may determine in respect of the use for the purposes of recreation of any such waterway or land as is described in subsection (1) above, and of any facilities made available by Scottish Water under that subsection.

Scottish Water may let to any person, for such consideration and on such terms and conditions as it thinks fit, any works constructed by it for the purpose of providing facilities under subsection (1) above, and may authorise that person to make such reasonable charges as it may determine in respect of the use thereof as mentioned in that subsection.

Scottish Water may receive contributions from any authority, body or person in respect of the cost of the provision of the facilities mentioned in subsection (1) above, and those facilities may be provided by Scottish Water jointly with any other authority, body or person.

Scottish Water may make byelaws prohibiting such a waterway or land as is described in subsection (1) above and as may be specified in the byelaws from being used for boating (whether with mechanically propelled boats or otherwise), swimming or other recreational purposes, or regulating the way in which any such waterway or land so specified may be used for any of those purposes, and when making byelaws under this subsection Scottish Water shall have regard to the need to protect water from pollution and to the need to avoid conflict which might arise from the use of the water or land for various recreational purposes.

Byelaws made in respect of any waterway by virtue of subsection (7) above may include provision prohibiting the use thereof by boats which are not for the time being registered with Scottish Water in such manner as the byelaws may provide; and the byelaws may authorise Scottish Water to make reasonable charges in respect of the registration of boats in pursuance of the byelaws.

Scottish Water may take such action as it considers necessary to remedy the effect of any contravention of, or failure to comply with, byelaws made under subsection (7) above, and may recover the expenses reasonably incurred by it in doing so from the person in default.

Sections 71(6) and 72 of the Water (Scotland) Act 1980 shall have effect in relation to byelaws made under subsection (7) above as they have effect in relation to byelaws made under the said section 71.

For the purposes of this section Scottish Water shall be deemed to have an interest in a waterway or land if it has power to make byelaws under the said Act of 1980 in relation to the waterway or land, . . ..

An authority to which this section applies may appoint such number of persons as may appear to the authority to be expedient to act as rangers as respects any land or waterway in relation to which byelaws made by the authority are in force under or by virtue of this Act, or in relation to which the authority have power to make such byelaws.

The purposes for which rangers may be appointed by an authority under this section as respects any land or waterway are—

For the purpose of exercising any function conferred on him by or under this section a ranger appointed thereunder may enter upon any land, or go on any waterway,

Any two or more authorities to which this section applies may agree to share the expenses of appointing rangers under subsection (1) above as respects any land or waterway on such terms as may be specified in the agreement.

This section applies to the following authorities—

In this section “land” includes a long-distance route as defined in section 54(1A) of this Act.

Subject to the provisions of this section the Secretary of State may, with the consent of the Treasury, pay to local authorities grants of such amounts and payable at such times and subject to such conditions as he may from time to time determine, either generally or in the case of any particular authority, in respect of expenditure incurred by those authorities in relation to the countryside in or in connection with—

The amount of the grant which may be paid to a local authority under this section in respect of any expenditure shall not exceed three-quarters of the amount of that expenditure.

The Commission may make recommendations to the Secretary of State as respects the making of grants under this section, and the Secretary of State may consult with the Commission either as to the making of such grants generally or in any particular case.

In this section " local authority " includes a local planning authority.

The Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 shall apply in relation to the compulsory acquisition of land under this Act as if this Act had been in force immediately before the commencement of that Act, and in relation to such acquisition of land—

No land may be compulsorily acquired under this Act unless the acquisition is authorised by the Secretary of State.

For the purposes of this Act a general or district planning authority shall have the powers conferred on a local authority by sections 70, 71, 73 and 74 and section 85 of the Local Government (Scotland) Act 1973 (acquisition, appropriation and disposal of land and gifts of land) and Sections 70(3) and 211 of that Act (application of Lands Clauses Acts etc. and enforcement of duty) shall apply to a general or district planning authority as they apply to a local authority.

The following provisions shall have effect in respect of compensation under sections 20, 37 and 62 of this Act.

Any dispute arising on a claim for any such compensation shall be determined by the Lands Tribunal for Scotland, but until sections 1 to 3 of the Lands Tribunal Act 1949 come into force as regards Scotland, any such dispute shall be determined by an official arbiter appointed under Part I of the Land Compensation (Scotland) Act 1963.

Subject to the provisions of this section the said Act of 1963, so far as appropriate, shall apply in relation to any question of disputed compensation referred to in subsection (1) above as it applies to any such question referred to in section 2(1) of that Act, with the substitution for references to the acquiring authority of references to the body from whom the compensation in question is claimed.

Rules 2 to 4 of the rules contained in section 12 of the said Act of 1963 (rules for assessing compensation) shall apply to the calculation of any compensation referred to in subsection (1) above, in so far as it is calculated by reference to the depreciation of the value of an interest in land.

In the case of an interest in land subject to a heritable security—

In this section “heritable security” has the same meaning as in the Conveyancing (Scotland) Act 1924 except that it includes a security constituted by ex facie absolute disposition or assignation, and “heritable creditor” shall be construed accordingly.

The Commission shall keep proper accounts and other records in relation to the accounts and shall prepare in respect of each of their financial years a statement of account in such form as the Secretary of State may, with the approval of the Treasury, determine.

The statement of account prepared by the Commission for each financial year shall be submitted to the Secretary of State at such time as he may, with the approval of the Treasury, direct.

The Secretary of State shall, on or before 30th November in any year, transmit to the Comptroller and Auditor General the statement of account prepared by the Commission under this section for the financial year last ended.

The Comptroller and Auditor General shall examine and certify the statement of account transmitted to him under this section and lay before Parliament copies of the statement of account together with his report thereon.

The Commission shall provide the Secretary of State with such information relating to their activities or proposed activities as he may from time to time require, and for that purpose shall permit any person authorised in that behalf by the Secretary of State to inspect and make copies of their accounts, books, documents or papers and shall afford to that person such explanation thereof as he may reasonably require.

The Commission shall as soon as possible after the end of each calendar year subsequent to 1967 make to the Secretary of State a report as respects that year on the exercise and performance of their functions under this Act, and every such report shall be laid by the Secretary of State before each House of Parliament.

In this section, " financial year " means the period beginning with the commencement of this Act and ending with 31st March 1968 and each subsequent period of twelve months ending with 31st March.

If the appropriate authority consent thereto, the power to carry out work, provide series or facilities conferred on Scottish Natural Heritage, local authorities and local planning authorities by this Act or by section 2 of the Local Government (Development and Finance) (Scotland) Act 1964 may be exercised on Crown land.

Parts II and III of this Act shall apply to Crown land, but subject to the following modifications—

An access agreement made by any government department shall be of no effect unless it is approved by the Treasury, and in considering whether to make or approve an access agreement relating to land belonging to a government department or held in trust for Her Majesty for the purposes of a government department, the department and the Treasury shall have regard to the purposes for which the land is held by or for the department.

Byelaws made under this Act shall apply to Crown land if the appropriate authority consent to their application thereto.

In this section “Crown land” and “the appropriate authority” have the same meaning as in section section 242 of the Act of 1997, and the provisions of subsection (3)of that section as to the determination of questions shall apply for the purposes of this section.

The Secretary of State may pay such sums in respect of the expenses of Scottish Natural Heritage as he may, with the consent of the Treasury, determine.

There shall be paid out of moneys provided by Parliament—

For the purpose of surveying land in connection with— any person duly authorised in writing by the Secretary of State, . . . or other authority having power so to exercise functions, or to acquire land or to make the order, as the case may be, may, at any reasonable time, enter upon the land.

For the purpose of surveying land, or of estimating its value, in connection with any claim for compensation payable by virtue of this Act by the Secretary of State, . . . or other authority in respect of that or any other land, any person being an officer of the Valuation Office or a person duly authorised in writing by the authority from whom the compensation is claimed may, at any reasonable time, enter upon the land.

A person authorised under this section to enter upon any land, shall, if so required by the occupier or anyone acting on his behalf, produce evidence of his authority, and shall not demand admission as of right to any land which is occupied unless at least fourteen days’ notice in writing of the intended entry has been given to the occupier.

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

A person entering upon any land by virtue of this section may take with him such other persons as may be necessary, and on leaving any premises which he has so entered, being either unoccupied premises, or premises of which the occupier is temporarily absent, shall leave them as effectively secured against unauthorised entry as he found them.

A person who wilfully obstructs any person acting in the exercise of his powers under this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

section 265 of the Town and Country Planning (Scotland) Act 1997(which provides for the holding by a Minister of local inquiries) shall apply for the purposes of this Act.

Section 271 of the Act of 1997 (which provides for the services of notices and other documents) shall apply to notices and other documents required or authorised to be served or given under this Act: Provided that this subsection shall not apply to the service of any notice required or authorised to be served under Schedule 1 to the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 as applied by this Act.

In this Act unless the context otherwise requires—

References in this Act to the conservation of natural beauty of an area shall be construed as including references to the conservation of features of geological or physiographical interest therein and of the flora and fauna thereof.

References in this Act to any enactment are references to that enactment as amended by or under any subsequent enactment including this Act.

This Act may be cited as the Countryside (Scotland) Act 1967.

This Act, . . . shall extend to Scotland only.

There shall be established a Countryside Commission for Scotland (in this Act referred to as " the Commission ") who shall exercise the functions conferred on them by this Act for the provision, development and improvement of facilities for the enjoyment of the Scottish countryside, and for the conservation and enhancement of the natural beauty and amenity thereof.

In the exercise of their functions the Commission shall have due regard to the need for the development of recreational and tourist facilities and for the balanced economic and social development of the countryside.

The Commission shall consist of such number of members not exceeding fourteen, as the Secretary of State may from time to time determine, and the members shall, in accordance with subsection (4) below, be appointed by the Secretary of State, who may appoint one of them to be chairman.

The Commission shall be comprised of—

The provisions of Schedule 1 to this Act shall have effect with respect to the Commission.

The Secretary of State may, after consultation with the Commission, give to them directions of a general character as to the exercise of their functions, and the Commission shall give effect to any such directions.

In Part III of Schedule 1 to the House of Commons Disqualification Act 1957 (which specifies offices the holders of which are disqualified under that Act) as it applies to the House of Commons of the Parliament of the United Kingdom, there shall be inserted at the appropriate point in alphabetical order the entry " Chairman of the Countryside Commission for Scotland ".

In this Act " the countryside " means the areas which are for the time being designated as such on maps prepared and approved by the Secretary of State in accordance with subsections (2) to (5) below, or as amended by him under subsection (6) below, or, before the approval of those maps, such areas as are described in subsection (8) below.

The Secretary of State shall, as soon as may be after the passing of this Act, prepare maps relating to the areas of local planning authorities designating the parts of those areas which are to be treated as the countryside for the purposes of this Act, and in preparing those maps he shall consult with the Commission and the local planning authorities concerned and shall have regard to the following considerations—

The Secretary of State shall refer the maps mentioned in subsection (2) above to the Commission and to the local planning authorities concerned, who may make representations to him with respect thereto.

Having considered any representations made to him under subsection (3) above the Secretary of State may make such amendments, if any, to the maps as he considers appropriate and may from time to time approve those maps.

The Secretary of State shall complete his approval of all the maps referred to in subsection (2) above within one year from the passing of this Act or within such longer period (not exceeding two years from the passing of this Act) as may be specified in an order made by statutory instrument by him, and any such statutory instrument shall be subject to annulment in pursuance of a resolution of either House of Parliament.

After the completion of his approval of the maps in accordance with subsection (5) above the Secretary of State may, having regard to any changes in the circumstances affecting the areas concerned, from time to time prepare and approve amendments to those maps, and the provisions of subsections (2) to (4) above with regard to the preparation and approval of maps shall, apart from any provision as to time, apply with any necessary modifications to the preparation and approval of those amendments.

Every local planning authority shall make available for inspection by the public at all reasonable hours and without charge copies of the maps relating to their district which have been approved by the Secretary of State under this section, including any amendments of those maps which have been approved as aforesaid, and copies thereof, including reproductions on such scale as may be appropriate, shall be made available by them on sale to the public at a reasonable cost.

Before the approval by the Secretary of State of maps relating to an area, " the countryside " in relation to that area means the landward areas of counties and the areas of small burghs containing according to the last published census a population of less than 5,000 inhabitants, but excludes such areas or includes such other areas as the Secretary of State, having regard to the considerations mentioned in paragraphs (a) to (c) of subsection (2) above, may, after consultation with the Commission and the local planning authorities concerned, by order from time to time designate.

In pursuance of section 3(c) above the Commission shall have the following functions—

The Secretary of State may approve in whole or in part or with modifications any proposals submitted to him under paragraph (a) of the foregoing subsection, or may refuse to approve them.

Section 14(2) of the Highlands and Islands Development (Scotland) Act 1965 (approval deemed to be planning permission) shall apply to an approval under subsection (2) above as it applies to an approval under that Act, so however that for any reference to the Board in that section there shall be substituted a reference to the Commission.

For the purpose of their functions under section 5(1)(b) above the Commission may—

The disposal of land under this section may be by way of sale, feu, lease, or excambion, and there may be created in relation to land held by the Commission any servitude, right or other privilege, but such land may not be disposed of by way of gift.

The powers conferred by paragraphs (d) to (g) of subsection (1) above—

Where any person having such an interest in any land as enables him to bind the land enters into any such agreement as aforesaid, the agreement may be recorded in the Register of Sasines, and if so recorded shall be enforceable at the instance of the Commission against persons deriving title to the land from the person who entered into the agreement: Provided that any such agreement shall not be enforceable against a third party who shall have in good faith and for value acquired right (whether completed by infeftment or not) to the land prior to the agreement being recorded as aforesaid, or against any person deriving title from such third party.

In accordance with arrangements approved by the Secretary of State and the Treasury, the Commission shall have power to give financial assistance by way of grant or loan, or partly in one way and partly in the other, to any person, other than a public body, carrying on or proposing to carry on any project approved by the Secretary of State for the purposes of this section which in the opinion of the Commission is conducive to the attainment of any of the purposes of this Act.

Before applying for the approval of the Secretary of State to any such project the Commission shall satisfy themselves that in all the circumstances it is preferable that the project should be carried out by a person other than a public body.

On making a grant or loan under this section the Commission may impose such conditions as they think fit, including (in the case of a grant) conditions for repayment in specified circumstances.

In this section " public body " does not include The National Trust for Scotland for Places of Historic Interest or Natural Beauty incorporated by the Order confirmed by the National Trust for Scotland Order Confirmation Act 1935.

The Commission may, and if so requested by the Secretary of State or any local planning authority shall, advise the Secretary of State or, as the case may be, the authority, in relation to any matter arising under the Planning Acts which affects land in the countryside.

In this section " the Planning Acts " means the Town and Country Planning (Scotland) Act 1945 and the Town and Country Planning (Scotland) Acts 1947 to 1966.

The Commission may, and if so requested by the Secretary of State shall, advise him as to the exercise of his powers under subsections (2) and (3) below.

Where the Secretary of State is satisfied that any area in the countryside should by reason of its beauty or amenity or other special characteristics be the subject of further planning control, he may, after consultation with any local planning authority concerned, by order designate that area as an area of special planning control, and where an area is so designated the following provisions of this section shall apply.

The Secretary of State may give directions to any local planning authority requiring them to give in accordance with subsection (4) below such information as may be specified in the directions regarding applications made to them for planning permission in respect of all development or any class of development as may be so specified in or in any part of an area of special planning control.

Where directions under subsection (3) above are in force in relation to any application for planning permission the information specified in the directions shall, within 21 days of receipt by them of the application or such longer period as the Secretary of State may in any particular case allow, be given by the local planning authority to the Secretary of State and to the Commission, and the authority may when giving that information indicate the manner in which they propose to dispose of the application.

After consultation with the local planning authority concerned the Commission shall, within 21 days of the receipt by them of such information relating to an application for planning permission, or such longer period as the Secretary of State may in any particular case allow, make recommendations to the local planning authority as to the manner in which they should dispose of the application, including, where appropriate, recommendations as to the conditions which should be attached to a grant of planning permission, and the authority shall notify the Secretary of State whether or to what extent those recommendations are acceptable to them.

The Secretary of State shall as respects any application for planning permission in relation to which directions under subsection (3) above are in force intimate to the local planning authority concerned whether he desires that the application should be referred to him under section 13 of the Act of 1947 (reference of applications to the Secretary of State) and the authority shall not grant planning permission in respect of any such application until the Secretary of State intimates to them that he does not so desire.

Expressions used in this section have the same meanings as in the Act of 1947.

For the purpose of enabling the public to have access for open-air recreation to open country, the provisions of this Part of this Act shall apply to land which is or which gives or forms part of access to open country, being land—

In this Part of this Act " open country " means any land appearing to the authority with whom an access agreement is made or to the authority by whom an access order is made or by whom the land is acquired, as the case may be, to consist wholly or predominantly of mountain, moor, heath, hill, woodland, cliff or foreshore, with the waterways therein or contiguous or adjacent thereto (including any bank, barrier, dune, beach, flat or other land adjacent to the waterway or foreshore).

Subject to the following provisions of this Part of this Act, where an access agreement or order is in force as respects any land, a person who enters upon land comprised in the agreement or order for the purpose of open-air recreation without causing damage, or who is on such land for that purpose after having so entered thereon, shall not be treated as a trespasser on that land or incur any other liability by reason only of so entering or being on the land: Provided that this subsection shall not apply to land which for the time being is excepted land as hereinafter defined except in so far as an access agreement provides that it shall so In this subsection " means of access " has the same meaning as in section 17 below.

Nothing in the provisions of the foregoing subsection shall entitle a person to enter or be on any land, or to do anything thereon, in contravention of any prohibition contained in or having effect under any enactment.

An access agreement or order may specify or provide for imposing restrictions subject to which persons may enter or be upon land by virtue of subsection (1) above, including in particular, but without prejudice to the generality of this subsection, restrictions excluding the land or any part thereof at particular times from the operation of the said subsection (1); and that subsection shall not apply to any person entering or being on the land in contravention of any such restriction or failing to comply therewith while he is on the land.

Without prejudice to the provisions of the last foregoing subsection, subsection (1) above shall have effect subject to the provisions of Schedule 2 to this Act as to the general restrictions to be observed by persons having rights of access by virtue of the said subsection (1).

For the purposes of this Part of this Act, the expression " excepted land " means land which for the time being is of any of the following descriptions, that is to say— Provided that land which is for the time being comprised in an access agreement or order shall not become excepted land by reason of any development carried out thereon, or any change of use made thereof, if the development or change of use is one for which under the Act of 1947 planning permission is required and either that permission has not been granted or any condition subject to which it was granted has been contravened or has not been complied with.

In the exercise of their duty under section 3(a) above to keep under review the need to secure public access to the countryside for the purposes of open-air recreation, the Commission shall consult from time to time with local planning authorities and with such bodies as appear to the Commission to be representative of owners and occupiers of land for the purpose of ascertaining what land there is of the descriptions specified in section 10(2) above and considering what action should be taken, whether by the making of access agreements or orders or by the acquisition of land, for securing such public access.

In considering what action should be taken as aforesaid, the Commission and the local planning authority shall have regard to all relevant circumstances, including—

A local planning authority may with the approval of the Secretary of State make an access agreement with any person having an interest in land in the area of the authority whereby the provisions in that behalf of this Part of this Act shall apply to the land.

An access agreement may provide for the making of payments by the local planning authority of either or both of the following descriptions, that is to say in consideration of the making of the agreement and by way of defraying or contributing towards expenditure incurred by the person making the agreement in consequence thereof.

An access agreement may be made subject to such provisions for revocation or variation as may be specified in the agreement.

Any person, being the liferenter or the heir of entail, in possession of any land shall have power to enter into access agreements relating to the land or any part thereof.

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 access agreements relating to the trust estate or any part thereof.

Where after consultation with the local planning authority it appears to the Commission desirable that an access agreement should be made in respect of any land, they may request the local planning authority to enter into such an agreement; and before entering into an access agreement in respect of land in any area of special planning control, the local planning authority shall consult with the Commission.

Subject to the provisions of subsection (8) below, where an access agreement is made with one or some, but not all, of the persons having interests in the land to which the agreement relates, the provisions of this Part of this Act shall not, as against any person for the time being entitled to an interest in the land who is not a party to the agreement, operate so as to prejudice his rights in relation to that interest, or impose any restriction on him or confer any right against him, and the local planning authority shall, as soon as may be after the agreement is made, serve a copy of the agreement on every such person who is not a party thereto.

A grazings committee appointed under section 24 of the Crofters (Scotland) Act 1955 may, with the consent of a majority of the crofters ordinarily resident in the township, enter into an access agreement in relation to any part of the common grazings and may agree to the revocation or variation of any such agreement, and such agreement, revocation or variation shall be binding upon all the crofters who share in the common grazings and upon their successors.

Where any agreement referred to in the last foregoing subsection contains a provision for the making of a payment under subsection (2) above, the payment shall be made to the grazings committee and shall be applied by them—

In this section " crofter " has the meaning assigned to it by section 3 of the Crofters (Scotland) Act 1955 as read with section 15(6) of the Crofters (Scotland) Act 1961.

Subject to the provisions of this section, the authority by whom an access order may be made shall be the local planning authority in whose area the land in question is situated; and an order made by such an authority shall be submitted to the Secretary of State and shall not have effect unless confirmed by him.

An access order shall not be made as respects any land—

An access order shall contain a map, on such scale as may be prescribed, defining in such manner as may be prescribed— and the order shall also include such descriptive matter, if any, as may be prescribed or as may appear to the said authority to be requisite for the purposes of the order.

The provisions in that behalf of Schedule 3 to this Act shall apply to the making, confirmation, coming into operation and validity of access orders.

The Secretary of State shall not confirm or make an access order before byelaws have been made and confirmed under section 54 or made under section 55 of this Act in relation to the land in question.

Where after consultation with the local planning authority it appears to the Commission desirable that an access order should be made in respect of any land, the Commission may request the authority to make an order accordingly; and before making an access order in respect of land in any area of special planning control, the local planning authority shall consult with the Commission.

If in respect of any land— the Secretary of State, after consultation with the local planning authority and with the Commission, may direct the authority to make the order or may himself make the order.

An access order may specify work or other things to be done (either at one time or from time to time) on the land in the exercise of the powers conferred by section 61 below.

If, on the submission of an access order to the Secretary of State for confirmation, a representation is duly made as respects any land— then, subject to the provisions of this section, if the Secretary of State is satisfied that the conditions specified in paragraph (a), (b) or (c) of this subsection are fulfilled and outweigh the benefit arising from the increased facilities for public access, he shall not confirm the order so as to apply the said provisions to the land.

Where, as respects land comprised in an access agreement, it is represented to the Secretary of State that the conditions specified in paragraph (a), (b) or (c) of the foregoing subsection are fulfilled, and the Secretary of State is satisfied as stated in that subsection, then subject to the provisions of this section—

Where, as respects land comprised in an access order (whether made by the Secretary of State or by a local planning authority), it is represented to the Secretary of State that the conditions specified in paragraph (a), (b) or (c) of subsection (1) above are fulfilled, and the Secretary of State is satisfied as stated in that subsection, then subject to the provisions of this section the Secretary of State shall make an order varying the access order so as to exclude the land.

Before exercising any of his functions under this section the Secretary of State shall consult with the Commission; and before coming to a conclusion on any such representation as is mentioned in the two last foregoing subsections, the Secretary of State shall either cause a local inquiry to be held or afford to the person by whom the representation was made and to the local planning authority concerned an opportunity of being heard by a person appointed by the Secretary of State for the purpose, and shall consider the report of the person by whom the inquiry was held or the person appointed as aforesaid as the case may be.

In determining whether the conditions specified in paragraph (a), (b) or (c) of subsection (1) above are fulfilled in the case of any proposed access order, the Secretary of State shall have regard to the provisions of section 11 (3) above; and references in this section to varying an agreement or order so as to exclude land shall include references to varying an agreement or order by the imposition of such restrictions under the said section 11(3) as may be specified by the Secretary of State as requisite for the purposes of this section.

In this section the expression " timber " includes trees of every description, and also saleable underwood.

A person interested in any land comprised in an access agreement or order, not being excepted land, shall not carry out any work thereon whereby the area to which the public are able to have access by virtue of the agreement or order is substantially reduced: Provided that nothing in this subsection shall affect the doing of anything whereby any land becomes excepted land.

Any restriction arising under an agreement or otherwise as to the use of any land comprised in an access agreement or order shall have effect subject to the provisions of this Part of this Act, and any liability of a person interested in such land in respect of such a restriction shall be limited accordingly.

For the purposes of any enactment or rule of law as to the circumstances in which a right of way or servitude may be constituted, use of land by the public or by any person at any time while it is comprised in an access agreement or order shall be disregarded.

Every access agreement and access order and every instrument or order varying or revoking any such agreement or order shall contain a particular description of the lands affected or a description by reference of those lands in the manner provided by section 61 of the Conveyancing (Scotland) Act 1874.

As soon as may be after any such agreement or instrument as is referred to in the last foregoing subsection is made, or after any such order is confirmed, the local planning authority shall cause it to be recorded in the Register of Sasines, and when so recorded, it shall be enforceable at the instance of the local planning authority against persons deriving title to the land or to the relevant interest therein from the person so entitled when the agreement, order or instrument was made: Provided that any such agreement, order or instrument shall not be so enforceable against a third party who shall have in good faith and for value acquired right (whether completed by infeftment or not) to the land or to the relevant interest therein prior to the agreement, order or instrument being recorded as aforesaid, or against any person deriving title from such third In this subsection, " relevant interest " means an interest which is subject to such an agreement, order or instrument as is referred to in the last foregoing subsection.

An access agreement or order may make such provision as appears expedient for the purposes of the agreement or order for securing that safe and sufficient access will be available for the public on the land comprised in the agreement or order.

Provision made by an access agreement or order by virtue of this section may be provision for any one or more of the following matters—

No provision made by an access order by virtue of this section shall—

Where it appears to the local planning authority in whose area the land is situated that any work is required for giving effect to any such provision of an access agreement or order as is specified in paragraphs (a), (b), (c) and (e) of subsection (2) above, the authority may agree with the owner and occupier of the land as to the carrying out of the work, and where it is agreed that it shall be carried out otherwise than by the authority may defray the cost of the carrying out thereof, or may contribute such part of that cost as may be specified in the agreement.

If, in a case falling within the last foregoing subsection— the local planning authority, after giving to the owner and the occupier not less than fourteen days' notice of their intention so to do, may take all necessary steps for carrying out the work ; and where, in a case to which paragraph (b) of this subsection applies, the agreement provided that the authority should contribute part of the cost of carrying out the work, the authority may recover the amount of any expenses reasonably incurred by them in carrying out the work, reduced by their contribution under the agreement, from the person by whom under the agreement the cost (apart from the authority's contribution) of carrying out the work would fall to be borne.

In this section the expression " means of access," in relation to land, means any opening in a wall, fence or hedge bounding the land or any part thereof, with or without a gate, stile or other works for regulating passage through the opening, any stairs or steps for enabling persons to enter on the land or any part thereof, or any bridge, stepping stone or other works for crossing a water-course, ditch or bog on the land or adjoining the boundary thereof.

If any person contravenes the provisions of section 16(1) above, or any such restriction as is specified in paragraph (d) of subsection (2) of the last foregoing section, any local planning authority whose area includes land in respect of which the contravention occurred may serve on that person a notice requiring him, within such period as may be specified in the notice, to carry out such work so specified as may appear to the authority to be requisite for remedying the contravention, being work for restoring or re-opening any means of access or for providing new means of access.

If within the period specified in a notice under the foregoing subsection the person on whom the notice is served fails to comply therewith, the local planning authority may take all necessary steps for carrying out the work specified in the notice and may recover from that person any expenses reasonably incurred by them in carrying it out.

Any person on whom a notice is served under subsection (1) above may, at any time within the period specified in the notice for carrying out the work so specified, appeal against the notice to the sheriff on the ground—

On any such appeal the sheriff, if satisfied of the grounds of the appeal, may— as the nature of the appeal may require; but if not so satisfied shall dismiss the appeal.

The sheriff on such an appeal to him may, and if so directed by the Court of Session shall, state a case for the opinion of that Court on any question of law arising in the proceedings, and an appeal shall lie to the Court of Session on any question of law from the decision of the sheriff.

Where an appeal is taken under this section, the time between the taking of the appeal and the final determination thereof shall be disregarded in determining the period within which, in accordance with the notice, the work specified therein is to be carried out.

For the purpose of enabling compensation under the last foregoing section to be assessed in the light of experience gained of the actual effect on land of the coming into operation of access orders, any such compensation shall not, save as hereinafter provided, be claimed or payable before the expiration of a period of five years from the coming into operation of the order giving rise to the compensation (in this and the next following section referred to as " the relevant order ").

Nothing in the foregoing subsection shall be construed as requiring such compensation to be assessed as at a date later than the date of the coming into operation of the relevant order; but in calculating the compensation it shall be assumed that on a sale at that date of the interest in respect of which the compensation is claimed, the purchaser would have had knowledge—

If during the said period of five years the relevant order is revoked or varied so as to exclude from the operation thereof any land not being excepted land, the foregoing provisions of this section shall thereupon have effect, so far as concerns any claim for compensation in respect of the operation of the relevant order as respects the said land, as if for any reference to the said period of five years there were substituted a reference to the period beginning with the coming into operation of the relevant order and ending with the said revocation or variation.

Where at different times within a period of five years two or more areas of land which are contiguous or adjacent to one another become comprised in access orders, and any person has an interest in each of those areas, then, with consent of every person having an interest in each of the areas other than the one first so comprised, the foregoing provisions of this section shall apply in relation to each of the last-mentioned areas with the substitution for any reference to the period of five years from the coming into operation of the order by virtue of which that area became so comprised as aforesaid of a reference to a period of five years from the coming into operation of the order by virtue of which the first of the areas became so comprised.

Any person claiming to be entitled to an interest in land in respect of the depreciation or the disturbance in the enjoyment of which compensation will become payable under section 20 above may apply to the local planning authority by whom the compensation will be payable to record his claim; and where an application is duly made under this subsection the authority shall record the claim accordingly in such manner as may be prescribed.

An application under the foregoing subsection shall be made in such manner and within such period (not being less than three months) after the date when the relevant order came into operation as may be prescribed, and shall be accompanied by such particulars of the interest in land in respect of which it is made as may be prescribed: Provided that nothing in this subsection shall authorise the imposition of any requirement that an applicant under the foregoing subsection shall state the amount of the compensation.

Within such period as may be prescribed (not being less than three months) after the end of the period after which under the last foregoing section compensation may be claimed, any person who has applied under subsection (1) above for the recording of a claim to compensation, or any person claiming under him in respect of that compensation, may apply to the local planning authority, in such manner as may be prescribed, for the payment of the compensation.

An application under the last foregoing subsection shall state the amount of compensation claimed by the applicant; and the application shall be accompanied by such evidence of the title of the applicant to the compensation as may be prescribed.

Any compensation payable under section 20 above shall become due when, on an application for the payment thereof duly made under subsection (3) above, the amount of the compensation has been agreed or, in default of agreement, has been determined in manner provided under section 70 below ; and any such compensation shall be payable with interest, at such rate as may be prescribed, from the date on which the relevant order came into operation to the date at which the compensation is paid.

At any time during the period after which, under section 21 above, compensation may be claimed in respect of the coming into operation of an order, a person claiming to be entitled to such compensation may apply to the local planning authority for a payment on account of the compensation on the ground of special circumstances; and if the authority are satisfied that such circumstances exist they shall make to him a payment on account of the compensation of such amount as they may determine.

Any person aggrieved by the refusal of a local planning authority to make a payment on account under the last foregoing subsection, or by their determination thereunder of the amount of the payment to be made to him, may appeal to the Secretary of State; and the Secretary of State, after affording to the said person and to the authority an opportunity of being heard by a person appointed by the Secretary of State for the purpose, may either confirm the decision of the authority or direct that they shall make a payment on account of such amount as appears to the Secretary of State to be just.

Where it appears to a local planning authority, as respects any land in their area which is or which gives or forms part of access to open country,— the authority, if it appears to them impracticable to obtain such access by an access agreement or access order, may, with the consent of the Secretary of State, acquire the land by agreement, whether by way of purchase, feu, lease or excambion, or acquire the land compulsorily.

A local planning authority may carry out on land acquired by them for the purposes of this section, and for the time being held by them for those purposes, such work as they may consider requisite for providing convenient means of access to the land or otherwise for the said purposes.

While land acquired by a local planning authority under this section is held by them for the purposes thereof, it shall be the duty of the authority so to manage the land as to give to the public access for open-air recreation to so much thereof as appears to the authority to be practicable, having regard to the nature of the different parts of the land, to anything done thereon which may result in danger to the public or to persons employed thereon unless public access to the land or to adjoining land is restricted, and to all other relevant circumstances.

Where it appears to the Secretary of State, as respects any land which is or which gives or forms part of access to open country— the Secretary of State may, with the consent of the Treasury, acquire the land by agreement, whether by way of purchase, feu, lease or excambion, or acquire the land compulsorily.

Unless in any particular case the Secretary of State otherwise determines, any land acquired by the Secretary of State under this section shall be transferred to such other persons on such trusts or subject to such conditions as may appear to him expedient for securing to the public access for open-air recreation to so much thereof as appears to the Secretary of State to be practicable, having regard to the matters mentioned in subsection (3) of the last foregoing section.

Subject to the provisions of the last foregoing subsection, the transfer of land under that subsection may be on such terms as to payment or otherwise as may, with the consent of the Treasury, be provided for by the arrangements for the transfer ; and where the arrangements so provide the Secretary of State may defray or contribute to the cost of managing the land while it is managed in accordance with the trusts 'or conditions referred to in the last foregoing subsection.

The Secretary of State may carry out on land acquired by him for the purposes of this section, and for the time being held by him for those purposes, such work as he may consider requisite for providing convenient means of access to the land or otherwise for the said purposes, or may arrange for any such work to be carried out by persons to whom the land is transferred.

The Secretary of State may defray the cost of managing any land acquired by him under this section and not transferred to other persons.

An authority who are required by the foregoing subsection to prepare and keep up to date any map shall, so long as they are required so to do, have copies of the map and of the notices referred to in paragraph (b) below available for inspection by the public at such places as the authority may determine ; and the authority shall display, at such places as they think fit, including places where the public obtain access to the land to which the map relates—

The authority making an access agreement or order shall, after consulting with the owner and occupier of any land concerned, so delimit the land to which the agreement or order applies as to exclude all land which, by reason of anything done thereon or on other land contiguous or adjacent thereto, it appears to the authority expedient to exclude for the purpose of avoiding danger to the public or to persons employed on any of the said land.

Where, while an access agreement or order is in force, the authority by whom the agreement or order was made are satisfied, as respects any land to which the agreement or order applies, that by reason of anything done or proposed to be done on that land or on other land contiguous or adjacent thereto it is expedient for the purpose aforesaid that the first-mentioned land should be excluded from the operation of the agreement or order, the authority shall vary the agreement or order so as to exclude that land.

The fact that an access agreement is expressed to be irrevocable shall not prevent its variation in pursuance of the last foregoing subsection; and where the concurrence of any party to an access agreement other than the said authority, or of the successor in title to his interest, cannot be obtained to the variation of the agreement in pursuance of that subsection, the said authority may by order made with the approval of the Secretary of State vary the agreement.

A local planning authority shall have power, as respects any land which is subject to an access agreement or order, or as respects land held by the authority to which section 26(1)(b) above applies, to take such steps and carry out such work (including the erection and maintenance of fences or notices) as appear to them requisite for protecting the public from any source of danger on the land or on adjoining land.

The provisions of the last foregoing subsection shall apply to the Secretary of State as respects land for the time being held by him under section 25 above as they apply to a local planning authority as respects land held by them.

The application of section 11 above to any land shall not, in relation to any factory, magazine, store or premises already established, constitute the land an open place of resort for the public, or a public place, for the purposes of the Explosives Acts 1875 and 1923, or any order made or licence granted thereunder.

The application of the said section 11 to any land shall, in relation to any factory, magazine, store or premises subsequently established, constitute the land such a place as aforesaid for the purposes of the said Acts or any such order or licence.

A country park is a park or pleasure ground in the countryside which by reason of its position in relation to major concentrations of population affords convenient opportunities to the public for enjoyment of the countryside or open-air recreation.

Each local planning authority shall assess the need for a country park whether within or outwith their area or partly within and partly outwith their area and shall from time to time review that need; for the purposes of this subsection each local planning authority, or where a joint advisory committee has been established under subsection (8) below, that committee, shall from time to time consult with Scottish Natural Heritage and with such other local planning authorities as appear to them to be concerned.

In assessing and reviewing the need for a country park under subsection (2) above, the local planning authority shall have regard to the existing availability and adequacy of such opportunities as are described in subsection (1) above.

Any local planning authority may, whether within or outwith their area or partly within and partly outwith their area, provide, lay out, improve, maintain and manage a country park including any buildings, equipment, facilities, services or works ancillary thereto or which appear to them to be requisite for the enjoyment or convenience of the public, and the authority shall have power to make such charges as they think fit in connection with the use of the park by the public.

Any two or more local planning authorities may combine together for the purpose of exercising the powers conferred by subsection (4) above and the expenditure incurred in the exercise of those powers shall be shared between the authorities on terms agreed by them having regard to the prospective use of the country park by the inhabitants of the areas of the respective authorities concerned or failing such agreement on terms determined by the Secretary of State having regard to the aforesaid consideration.

Any local planning authority or authorities shall have power to act as agent for any other local planning authority or authorities in the exercise of their powers under subsection (4) above and may receive from the authority or authorities on whose behalf they act contributions towards the expenditure incurred in the exercise of those powers on terms agreed or determined as mentioned in subsection (5) above.

The powers conferred by subsection (4) above may be exercised by a local planning authority either on land belonging to them, or, with the consent of all persons having an interest therein, on other land and they shall include power to make arrangements by agreement for the exercise of any of those powers on behalf of the authority by some other person on such terms as may be specified in the agreement.

Any two or more local planning authorities may, . . . concur in establishing a joint advisory committee for the purpose of making recommendations to those authorities as to the need mentioned in subsection (2) above, as to the provision of the country parks by those authorities, and for the purpose of consulting with Scottish Natural Heritage as to those matters; and any such committee shall be constituted in such manner as may be determined by the authorities by whom it is established: Provided that a majority of the members of any such committee shall be members of those authorities.

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For the purpose of any of their functions under this section a local planning authority may acquire land compulsorily,

A local authority shall have power to provide camping sites for holiday or recreational purposes whether for the benefit of the inhabitants of their own area or otherwise, and to manage the sites or lease them to some other person.

A local authority shall have power to do anything appearing to them desirable in connection with the provision of such sites, and in particular—

A local authority may make in respect of the use of sites managed by them, and of any services or facilities provided or made available under this section, such reasonable charges as they may determine.

A local authority shall, in the performance of their functions under this section, have power to acquire land compulsorily where it appears to them that a camping site or an additional camping site is needed in their area, or that land which is in use as a camping site should in the interests of the general public be taken over by the local authority.

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The powers conferred by section 24 of the Caravan Sites and Control of Development Act 1960 (which relates to the provision of caravan sites) may be exercised by local planning authorities as well as by local authorities within the meaning of that Act.

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Expenditure incurred by a district council under this or the next following section shall not be taken into account in any calculation as to the limit of one shilling per pound imposed on the district council by section 226 of the Local Government (Scotland) Act 1947.

A regional park is an extensive area of land, part of which is devoted to the recreational needs of the public.

Local authorities shall have power— and where it is appropriate that lands extending into the area of more than one local authority should be designated as a regional park the authorities concerned may jointly exercise the powers conferred by this subsection.

Subject to subsection (4)(c) below, an order under subsection (2)(a) above shall not take effect until it is confirmed by the Secretary of State, who may confirm such order either without modification or subject to such modifications as he considers expedient.

The Secretary of State shall by regulations made by statutory instrument prescribe the procedure for making orders under subsection (2)(a) above and the form of such orders; and (without prejudice to the generality of this subsection) the regulations shall make provision as follows:—

Any statutory instrument made in terms of subsection (4) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Where a planning application is made in relation to lands which fall within an area designated as a regional park, the planning authority shall have regard to the fact that the area has been so designated in considering the application.

A local authority may make arrangements for securing the provision in the countryside in their area (whether by the authority or by other persons) of accommodation, meals and refreshments and may for the purposes of such arrangements erect such buildings and carry out such work as may appear to them to be expedient: Provided that a local authority shall not under this subsection provide accommodation, meals or refreshments except in so far as it appears to them that the facilities therefor are inadequate or unsatisfactory, either generally or as respects any description of accommodation, meals or refreshments, as the case may be.

A local authority may acquire land compulsorily for the purposes of any of their functions under the foregoing subsection.

In this section “local authority”includes a planning authority.