Countryside (Scotland) Act 1967

Part I S The Countryside Commission for Scotland

1 The Countryside Commission for Scotland. S

(1) 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.

(2) 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.

(3) 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.

(4) The Commission shall be comprised of—

(a) persons appointed after consultation with such associations of local authorities as appear to the Secretary of State to represent local planning authorities;

(b) persons appointed after consultation with such organisations as appear to the Secretary of State to be representative of countryside interests; and

(c) such other persons as the Secretary of State may think fit.

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

(6) 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.

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

Textual Amendments

F1 S. 1(7) repealed by House of Commons Disqualification Act 1975 (c. 24), Sch. 3

2 The countryside. S

(1) 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, . . . F2

(2) 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—

(a) whether land is of a rural character or otherwise;

(b) in the case of extensive areas of open land within . . . F2 centres of population, the suitability of that land for open-air recreation;

(c) the indications as to the use or proposed use of land given by a development plan for the time being in force by virtue of the Act of 1947;

(d) . . . F3

(3) 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.

(4) 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.

(5) 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.

(6) 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.

(7) 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.

(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

Textual Amendments

F2 Words repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 29

F3 S. 2(2)(d) repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 29

F4 S. 2(8) repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 29

3 Duties of the Commission. S

The Commission shall have the following duties—

(a) to keep under review all matters relating to the provision, development and improvement of facilities for the enjoyment of the countryside, the conservation and enhancement of its natural beauty and amenity, and the need to secure public access to the countryside for the purposes of open-air recreation; and to consult with such local planning authorities and other bodies as appear to the Commission to have an interest in those matters;

(b) to encourage, assist, concert or promote the implementation of any proposals with respect to those matters made by any other person or body, being proposals which the Commission consider to be suitable;

(c) to exercise the functions relating to development projects or schemes conferred on them by section 5 below;

(d) to consult with local planning authorities regarding the exercise of their powers under section 48 below and from time to time to advise them thereanent;

(e) to advise the Secretary of State or any other Minister or any public body on such matters relating to the countryside as he or they may refer to the Commission or as the Commission may think fit.

4 Powers of the Commission. S

The Commission shall have the following powers—

(a) where it appears to the Commission that it would assist them in the exercise of their functions, to establish, promote or assist in the establishment of committees or other appropriate bodies, to promote or assist in the promotion of conferences or meetings, to participate in such committees, bodies, conferences or meetings, and to defray in whole or part the expenses of participants;

(b) where it appears to the Commission that the provision, development or improvement of recreational or tourist facilities or the conservation or enhancement of the natural beauty or amenity of any area of the countryside involves special problems or requires the application of special professional or technical skill, on being so requested by any local planning authority concerned, to place at the disposal of the authority the services of officers or servants of the Commission on such terms as may be agreed with the authority and are approved by the Secretary of State;

(c) to carry out or commission the carrying out of such inquiries, investigations or researches, either on their own account or jointly with other persons, as the Commission may deem necessary or expedient for the purposes of their functions;

(d) to engage in any activity which they may consider appropriate for the purpose of educating and informing persons in the proper use of, and behaviour in, the countryside;

(e) to provide or assist in the provision of publicity and information services relating to the countryside, to places of beauty or interest therein or to the functions of the Commission;

(f) to make such charges for any of their services as they think fit;

(g) to make to any public body recommendations as to the making of byelaws affecting the countryside or any area therein;

(h) to accept any gift or contribution made to them for the purposes of any of their functions, and, subject to the terms of the gift or contribution and to the provisions of this Act, to apply it for those purposes;

(i) for the purpose of providing themselves with office or other accommodation in connection with the exercise of any of their functions, to acquire land in manner provided by section 6(1) (a) below, to erect and maintain buildings or other structures thereon, and, when the land is no longer required for such purpose, to dispose of it in manner provided by the said section 6;

(j) to do all such things as are incidental to, or conducive to the attainment of the purposes of, any of their functions.

5 Development projects or schemes. S

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

(a) after consultation with such local authorities and other bodies as appear to the Commission to have an interest, from time to time to prepare . . . F5 proposals with respect to any area for a development project or scheme designed to facilitate the enjoyment of the countryside or to conserve or enhance its natural beauty or amenity, which—

(i) in relation to that area involves the application of new or developed methods, concepts or techniques, and

(ii) is designed to illustrate the appropriateness of such a project or scheme to that area or other areas of a similar nature or which present similar problems to that area;

(b) to concert, promote or to undertake, either by themselves or in conjunction with any other authority or person, measures to implement any [F6 such] proposals . . . F7

(2)(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8

Textual Amendments

F5 Words repealed by Countryside (Scotland) Act 1981 (c. 44, SIF 46:1), Sch. 2

F6 Word inserted by Countryside (Scotland) Act 1981 (c. 44, SIF 46:1), Sch. 1 para. 1

F7 Words inserted by Countryside (Scotland) Act 1981 (c. 44, SIF 46:1), Sch. 2

F8 Ss. 5(2)(3), 9, 14(7), 32(1)(3), 33(2)–(4), 36(2)(3), 37(3), and 45(2) repealed by Countryside (Scotland) Act 1981 (c. 44, SIF 46:1), Sch. 2

6 Powers of Commission in relation to development projects or schemes. S

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

(a) with the approval of the Secretary of State, by agreement acquire land, whether by way of purchase, feu, lease or excambion;

(b) acquire land compulsorily;

(c) hold and manage land, and with the approval of the Secretary of State, and subject to the subsequent provisions of this section, dispose of or otherwise deal with land;

(d) erect buildings or other structures and carry out works or other operations on land;

(e) provide equipment and services on or in connection with land or with the use of land;

(f) hold, manage, maintain, hire, let or otherwise dispose of such works, equipment or services;

(g) exercise any powers to carry out work or provide services or facilities conferred by this Act on local authorities or local planning authorities;

(h) with the approval of the Secretary of State and the Treasury, acquire by agreement and carry on or set up and carry on, directly or through an agent, or themselves carry on as agent, any business or undertaking, and, subject to such approval, may dispose of any such business or undertaking.

(2) 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.

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

(a) may be exercised by the Commission either on or in connection with land belonging to them, or with the consent of all persons having an interest therein, on or in connection with other land, and

(b) shall be exercisable in relation to land not belonging to them on such terms as may be arranged by agreement with the persons having an interest in the land.

(4) 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.

[F9 7 Grants and loans. S

(1) In accordance with arrangements approved by the Secretary of State and the Treasury, the Commission shall have power to make grants, loans (or both) to any person, including a public body, in respect of expenditure incurred by him in doing anything which in the opinion of the Commission is conducive to the attainment of any of the purposes of this Act.

(2) Grants or loans made in terms of subsection (1) above to local authorities shall be made in respect of expenditure incurred by those authorities in relation to the countryside in or in connection with—

(a) the exercise of their powers under this Act;

(b) the exercise of their powers under section 24 of the M1 Caravan Sites and Control of Development Act 1960 (which relates to the provision of caravan sites by local authorities);

(c) the exercise of their powers under section 2 (except subsection (1)(b) of the M2 Local Government (Development and Finance) (Scotland) Act 1964 (which empowers local authorities to develop land in certain circumstances);

(d) the payment of compensation under section 159, or by virtue of section 163, of the M3 Town and Country Planning (Scotland) Act 1972 (which respectively relate to compensation in respect of the control of the use of land and to tree preservation orders);

(e) the exercise of their powers of acquiring land, whether by agreement or compulsorily, under or by virtue of any of the enactments referred to in the preceding paraagraphs of this subsection.

(3) On making a grant or loan under this section the Commission may impose conditions including (in the case of a grant) conditions for repayment in specified circumstances.

(4) The exercise of the Commission’s power under this section shall be subject to any directions given to them by the Secretary of State.]

Textual Amendments

F9 S. 7 substituted by Countryside (Scotland) Act 1981 (c. 44, SIF 46:1), s. 1

Marginal Citations

M1 1960 c. 62(46:3)

M2 1964 c. 67(81:2)

M3 1972 c. 52(123:2)

8 Advisory functions of Commission regarding planning matters. S

(1) The Commission may, 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.

(2) In this section “the Planning Acts” means the M4 Town and Country Planning (Scotland) Act 1945 and the Town and Country Planning (Scotland) Acts 1947 to 1966.

Modifications etc. (not altering text)

C1 References to the Town and Country Planning (Scotland) Act 1945 and the Town and Country Planning (Scotland) Acts 1947 to 1966 to be construed in accordance with Town and Country Planning (Scotland) Act 1972 (c. 52, SIF 123:2), Sch. 22 Pt. I para. 2

Marginal Citations

M4 1945 c. 33.

9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10 S

Textual Amendments

F10 Ss. 5(2)(3), 9, 14(7), 32(1)(3), 33(2)–(4), 36(2)(3), 37(3), and 45(2) repealed by Countryside (Scotland) Act 1981 (c. 44, SIF 46:1), Sch. 2