Countryside (Scotland) Act 1967

Part III S Public Paths and Long-Distance Routes

Creation of public paths S

[F1 30 Creation of public paths by agreement. S

(1) [F2 A general or district planning] authority shall have power to enter into an agreement with any person having the necessary power in that behalf for the creation by that person of a public path over land in their area.

(2) An agreement made under the foregoing subsection (in this Act referred to as a “public path creation agreement”) shall be on such terms as to payment or otherwise as may be specified in the agreement, and may, if it is so agreed, provide for the creation of the public path subject to limitations or conditions affecting any public right of way thereover.

(3) In this Part of this Act “public path” means a way which is a footpath or bridleway or a combination of those.]

Textual Amendments

F1 S. 30 repealed (9.2.2005) by Land Reform (Scotland) Act 2003 (asp 2), s. 100(3), Sch. 2 para. 4(b) (with s. 100(2) and subject to savings in Sch. 2 para. 7); S.S.I. 2005/17, art. 2(b)

F2 Words substituted by Local Government and Planning (Scotland) Act 1982 (c.43, SIF 81;2), s. 9, Sch. 1 Pt. II para 10

[F3 31 Compulsory powers for creation of public paths. S

(1) Where it appears to [F4 a general or district planning] authority that there is need for a public path over land in their area and they are satisfied that, having regard to—

(a) the extent to which the path would add to the convenience or enjoyment of a substantial section of the public, or to the convenience of persons resident in the area, and

(b) the effect which the creation of the path would have on the rights of persons interested in the land, account being taken of the provisions as to compensation contained in section 37 below,

it is expedient that the path should be created, the authority, if it appears to them impracticable to create the path by means of a public path creation agreement, may by order (in this Act referred to as a “public path creation order”) made by them and [F5 , subject to paragraph 2(1A) of Schedule 3 of this Act,] submitted to and confirmed by the Secretary of State create a public path.

(2) A right of way created by a public path creation order may be either unconditional or subject to such limitations or conditions as may be specified in the order, and the Secretary of State may [F6 , in a case where his confirmation of the order is required, confirm it] subject to such modifications or conditions as he thinks fit.

(3) A public path creation order shall be in such form as may be prescribed and shall contain a map, on such scale as may be prescribed, defining the land over which a public path is thereby created.

(4) The provisions in that behalf of Schedule 3 to this Act shall apply to the making, confirmation, validity and date of operation of public path creation orders.]

Textual Amendments

F3 S. 31 repealed (9.2.2005) by Land Reform (Scotland) Act 2003 (asp 2), s. 100(3), Sch. 2 para. 4(b) (with s. 100(2) and subject to savings in Sch. 2 para. 7); S.S.I. 2005/17, art. 2(b)

F4 Words substituted by Local Government and Planning (Scotland) Act 1982 (c. 43, SIF 81:2), s. 9, Sch. 1 Pt. I, Pt. II para. 11

F5 Words inserted by Local Government and Planning (Scotland) Act 1982 (c. 43, SIF 81:2), Sch. 3 para. 8(a)

F6 Words substituted by Local Government and Planning (Scotland) Act 1982 (c. 43, SIF 81:2), Sch. 3 para. 8(b)

[F7 32 Exercise of powers under ss. 30 and 31. S

F8 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Where a proposed public path lies partly within and partly outside the area of [F9 a general or district planning] authority, the powers conferred by the two last foregoing sections on the authority shall extend to the whole of the path as if it lay wholly within their area:

Provided that, in relation to so much of the path as lies outside the area of the authority, the said powers shall not be exercisable as respects any part thereof in the area of any [F10 other general or district planning] authority, except with the consent of that authority.

F8 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F7 S. 32 repealed (9.2.2005) by Land Reform (Scotland) Act 2003 (asp 2), s. 100(3), Sch. 2 para. 4(b) (with s. 100(2) and subject to savings in Sch. 2 para. 7); S.S.I. 2005/17, art. 2(b)

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

F9 Words substituted by Local Government and Planning (Scotland) Act 1982 (c. 43, SIF 81:2), s. 9, Sch. 1 Pt. I, Pt. II para. 12(a)

F10 Words substituted by Local Government and Planning (Scotland) Act 1982 (c. 43, SIF 81:2), s. 9, Sch. 1 Pt. I, Pt. II para. 12(b)

[F11 33 Making up and maintenance of public paths. S

(1) On the creation of a public path in pursuance of a public path creation agreement, or on the coming into operation of a public path creation order or public path diversion order, [F12 the general or district planning] authority shall carry out such work as appears to them to be necessary to bring it into a fit condition for use by the public as a public path in conformity with the terms and conditions of the said agreement or order, as the case may be, and shall maintain it in such condition.

F13 (2)—(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ]

Textual Amendments

F11 S. 33 repealed (9.2.2005) by Land Reform (Scotland) Act 2003 (asp 2), s. 100(3), Sch. 2 para. 4(b) (with s. 100(2) and subject to savings in Sch. 2 para. 7); S.S.I. 2005/17, art. 2(b)

F12 Words substituted by Local Government and Planning (Scotland) Act 1982 (c. 43, SIF 81:2), s. 9, Sch. 1 Pt. I, Pt. II para. 13

F13 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

[F14 34 Closure of public paths. S

(1) Where it appears to [F15 a general or district planning] authority as respects a public path in their area that it is expedient that the path should be closed on the ground that the path is not needed for public use, the authority may by order (in this Act referred to as a “public path extinguishment order”) made by them and [F16 , subject to paragraph 2(1A) of Schedule 3 to this Act,] submitted to and confirmed by the Secretary of State extinguish the right of way over the path.

(2) The Secretary of State shall not confirm a public path extinguishment order unless he is satisfied that it is expedient so to do having regard to the extent to which it appears to him that the path would, apart from the order, be likely to be used by the public, and having regard to the effect which the extinguishment of the right of way would have as respects land served by the path, account being taken of the provisions as to compensation contained in section 37 below.

(3) A public path extinguishment order shall be in such form as may be prescribed and shall contain a map, on such scale as may be prescribed, defining the land over which the right of way is thereby extinguished.

(4) Schedule 3 to this Act shall have effect as to the making, confirmation, validity and date of operation of public path extinguishment orders.

(5) Where in accordance with regulations made under paragraph 3 of the said Schedule proceedings preliminary to the [F17 making or] confirmation of a public path extinguishment order are taken concurrently with proceedings preliminary to the [F17 making or] confirmation of a public path creation order or of a public path diversion order F18 ... then, in considering—

(a) under subsection (1) above whether the path to which the public path extinguishment order relates is needed for public use, or

(b) under subsection (2) above to what extent that path would apart from the order be likely to be used by the public,

the local planning authority or the Secretary of State, as the case may be, may have regard to the extent to which the public path creation order or the public path diversion order would provide an alternative path.

(6) For the purposes of subsections (1) and (2) above, any temporary circumstances preventing or diminishing the use of a path by the public shall be disregarded.]

Textual Amendments

F14 S. 34 repealed (9.2.2005) by Land Reform (Scotland) Act 2003 (asp 2), s. 100(3), Sch. 2 para. 4(b) (with s. 100(2) and subject to savings in Sch. 2 para. 7); S.S.I. 2005/17, art. 2(b)

F15 Words substituted by Local Government and Planning (Scotland) Act 1982 (c. 43, SIF 81:2), s. 9, Sch. 1 Pt. I, Pt. II para. 14

F16 Words inserted by Local Government and Planning (Scotland) Act 1982 (c. 43, SIF 81:2), s. 9, Sch. 1 Pt. I, Pt. II para. 9(a)

F17 Words inserted by Local Government and Planning (Scotland) Act 1982 (c. 43, SIF 81:2), Sch. 3 para. 9(b)(i)

F18 Words repealed by Local Government and Planning (Scotland) Act 1982 (c. 43, SIF 81:2), Sch. 4 Pt. I

[F19 35 Diversion of public paths. S

(1) Where an owner, tenant or occupier of land crossed by a public path satisfies [F20 the general or district planning] authority in whose area the land is situated that for securing the efficient use of the land or of other land held therewith or providing a shorter or more convenient path across his land, it is expedient that the line of the path across his land, or part of that line, should be diverted (whether on to other land or his or on to land of another owner, tenant or occupier), the authority may by order (in this Act referred to as a “public path diversion order”) made by them and [F21 , subject to paragraph 2(1A) of Schedule 3 to this Act, ]submitted to and confirmed by the Secretary of State

(a) create, as from such date as may be specified in the order, any such new public path as appears to the authority requisite for effecting the diversion, and

(b) extinguish, as from such date as may be so specified in accordance with the provisions of the next following subsection, the right of way over so much of the path as appears to the authority requisite as aforesaid.

(2) Where it appears to the authority that work requires to be done to provide necessary facilities for the convenient use of any such new public path as is mentioned in subsection (1)(a) above, the date specified under subsection (1)(b) above shall be later than the date specified under subsection (1)(a) above by such time as appears to the authority requisite for enabling the work to be carried out.

(3) A right of way created by a public path diversion order may either be unconditional or may (whether or not the right of way extinguished by the order was subject to limitations or conditions of any description) be subject to such limitations or conditions as may be specified in the order, and the Secretary of State may [F22 , in a case where his confirmation of the order is required, confirm it ]subject to such modifications or conditions as he thinks fit.

(4) Before determining to make a public path diversion order on the representation of an owner, tenant or occupier, the authority may require him to enter into an agreement with them to defray, or to make such contribution as may be specified in the agreement towards

(a) any compensation which may become payable under section 37 below;

(b) any expenses which [F23 any general or district planning] authority may incur in bringing the new site of the path into a fit conditions for use by the public.

(5) The Secretary of State shall not confirm a public path diversion order unless he is satisfied that the diversion to be effected thereby is expedient as mentioned in subsection (1) above, and further that the path will not be substantially less convenient to the public in consequence of the diversion and that it is expedient to confirm the order having regard to the effect which

(a) the diversion would have on public enjoyment of the path as a whole,

(b) the coming into operation of the order would have as respects other land served by the existing right of way, and

(c) any new right of way created by the order would have as respects the land over which the right is so created and any land held therewith,

so, however, that for the purposes of paragraphs (b) and (c) of this subsection the Secretary of State shall take into account the provisions as to compensation of section 37 below.

(6) A public path diversion order shall be in such form as may be prescribed and shall contain a map, on such scale as may be prescribed, showing the existing site of so much of the line of the path as is to be diverted by the order and the new site to which it is to be diverted, and indicating whether a new right of way is created by the order over the whole of the new site or whether some part thereof is already comprised in a public path and, in the latter case, defining the part thereof so comprised.

(7) Schedule 3 to this Act shall have effect as to the making, confirmation, validity and date of operation of public path diversion orders.]

Textual Amendments

F19 S. 35 repealed (9.2.2005) by Land Reform (Scotland) Act 2003 (asp 2), s. 100(3), Sch. 2 para. 4(b) (with s. 100(2) and subject to savings in Sch. 2 para. 7); S.S.I. 2005/17, art. 2(b)

F20 Words substituted by Local Government and Planning (Scotland) Act 1982 (c. 43, SIF 81:2), s. 9, Sch. 1 Pt. I, Pt. II para. 15(a)

F21 Words inserted by Local Government and Planning (Scotland) Act 1982 (c. 43, SIF 81:2), Sch. 3 para. 10(a)

F22 Words substituted by Local Government and Planning (Scotland) Act 1982 (c. 43, SIF 81:2), Sch. 3 para. 10(b)

F23 Words substituted by Local Government and Planning (Scotland) Act 1982 (c. 43, SIF 81:2), s. 9, Sch. 1 Pt. I, Pt. II para. 15(b)

[F24 36 Exercise of powers under sections 34 and 35. S

(1) Subject to the provisions of this section, section 32 F25 ... (2) above shall apply in the exercise of the powers conferred by the two last foregoing sections in relation to any public path as [F26 it applies] in the exercise of the powers referred to in the said [F27 subsection].

F28 (2)(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) An authority proposing to make a public path diversion order such that the authority who will be responsible for a part of the path after the diversion will be a different body from the authority who before the diversion are so responsible shall, before making the order, consult the authority who will be responsible for that part.]

Textual Amendments

F24 S. 36 repealed (9.2.2005) by Land Reform (Scotland) Act 2003 (asp 2), s. 100(3), Sch. 2 para. 4(b) (with s. 100(2) and subject to savings in Sch. 2 para. 7); S.S.I. 2005/17, art. 2(b)

F25 Words repealed by Countryside (Scotland) Act 1981 (c. 44, SIF 46:1), Sch. 2

F26 Words substituted by Countryside (Scotland) Act 1981 (c. 44, SIF 46:1), Sch. 1 para. 2(a)

F27 Words substituted by Countryside (Scotland) Act 1981 (c. 44, SIF 46:1), Sch. 1 para. 2(b)

F28 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

[F29 37 Compensation for creation, diversion and closure of public paths. S

(1) Subject to the following provisions of this section, if, on a claim made in accordance with this section, it is shown that the value of an interest of any person in land is depreciated, or that any person has suffered damage by being disturbed in his enjoyment of land, in consequence of the coming into operation of a public path creation order, a public path diversion order or a public path extinguishment order, the authority by whom the order was made shall pay to that person compensation equal to the amount of the depreciation or damage.

(2) A claim for compensation under this section shall be made within such time and in such manner as may be prescribed and shall be made to the authority by whom the order was made.

F30 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Nothing in this section shall confer on any person, in respect of a right of way created by a public path creation order or a public path diversion order, a right to compensation for depreciation of the value of an interest in land, or for disturbance in his enjoyment of land, not being in either case land over which the right of way was created or land held therewith, unless the creation of the right of way would have been actionable at his instance if it had been effected otherwise than in the exercise of statutory powers.]

Textual Amendments

F29 S. 37 repealed (9.2.2005) by Land Reform (Scotland) Act 2003 (asp 2), s. 100(3), Sch. 2 para. 4(b) (with s. 100(2) and subject to savings in Sch. 2 para. 7); S.S.I. 2005/17, art. 2(b)

F30 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

[F31 38 Supplementary provisions as to creation, closure and diversion of public paths. S

(1) Sections 34 to 36 above shall apply in relation to all public rights of way, whether created before or after the commencement of this Act.

(2) The provisions of sections 34 to 36 above shall not prejudice any power conferred by any other enactment to close or divert a road, and shall not otherwise affect the operation of any enactment relating to the extinguishment, suspension, diversion or variation of rights of way.

(3) A public path creation order, a public path extinguishment order or a public path diversion order affecting in any way the area of more than [F32 one general or district planning] authority may contain provisions requiring one of the authorities to defray, or contribute towards, expenses incurred in consequence of the order by another of the authorities; and a public path diversion order diverting a part of the line of a path from a site in the area of one [F33 such] local planning authority to a site in the area of another may provide that the first mentioned authority shall continue to be responsible for the maintenance of that part of the path after the diversion.

(4) Every public path creation agreement, public path creation order, public path extinguishment order and public path diversion 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 M1 Conveyancing (Scotland) Act 1874.

(5) As soon as may be after any such agreement 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 from the person so entitled when the agreement or order was made:

Provided that any such agreement or order shall not be so enforceable against a third party who shall have in good faith and for value acquired right (whether [F34 title has been completed] or not) to the land prior to the agreement or order being recorded as aforesaid, or against any person deriving title from such third party.

(6) The Secretary of State shall not make or confirm a public path creation order, a public path extinguishment order or a public path diversion order relating to a right of way over land under, in, upon, over, along or across which there is any apparatus belonging to or used by any statutory undertakers for the purpose of their undertaking unless the undertakers have consented to the making or confirmation of the order, as the case may be; and any such consent may be given subject to the condition that there are included in the order such provisions for the protection of the undertakers as they may reasonably require.

The consent of statutory undertakers to any such order shall not be reasonably withheld, and any question arising under this subsection whether the withholding of a consent is unreasonable or whether any requirement is reasonable shall be determined by the [F35 Scottish Ministers].

(7) Where in pursuance of a public path extinguishment order or a public path diversion order a public path is closed or diverted and, immediately before the date on which the order comes into force, there was under, in, upon, over, along or across the path [F36 any [F37 electronic communications apparatus] kept installed for the purposes of [F38 an electronic communications code network], the operator of [F39 that network] shall have the same powers in respect of the [F37 electronic communications apparatus] as if the order had not come into force; but any person entitled to land over which the path subsisted shall be entitled to require the alteration of the apparatus].

[F40 (8) Paragraph 1(2) of [F41 the electronic communications code] (alteration of apparatus to include moving, removal or replacement of apparatus) shall apply for the purposes of the preceding provisions of this section as it applies for the purposes of that code.

(9) Paragraph 21 of [F41 the electronic communications code] (restriction on removal of apparatus) shall apply in relation to any entitlement conferred by this section to require the alteration, moving or replacement of any [F37 electronic communications apparatus] as it applies in relation to an entitlement to require the removal of any such apparatus.]]

Textual Amendments

F31 S. 38 repealed (9.2.2005) by Land Reform (Scotland) Act 2003 (asp 2), s. 100(3), Sch. 2 para. 4(b) (with s. 100(2) and subject to savings in Sch. 2 para. 7); S.S.I. 2005/17, art. 2(b)

F32 Words substituted by Local Government and Planning (Scotland) Act 1982 (c. 43, SIF 81:2), s. 9, Sch. 1 Pt. I, Pt. II para. 16(a)

F33 Word inserted by Local Government and Planning (Scotland) Act 1982 (c. 43, SIF 81:2), s. 9, Sch. 1 Pt. I, Pt. II para. 16(b)

F34 Words in s. 38(5) substituted (28.11.2004) by Abolition of Feudal Tenure etc. (Scotland) Act 2000 (asp 5), ss. 71, 77(2), Sch. 12 para. 28(5) (with ss. 58, 62, 75); S.S.I. 2003/456, art. 2

F35 Words in s. 38(6) substituted (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. 1 para. 44; S.I. 1998/3178, art. 3

F36 Word substituted by Telecommunications Act 1984 (c. 12, SIF 96), Sch. 4 para. 46(2)(3)

F37 Words in s. 38(7)(8)(9) substituted (17.9.2003) by Communications Act 2003 (Consequential Amendments) Order 2003 (S.I. 2003/2155), art. 1(1), Sch. 1 para. 5(3)(a)

F38 Words in s. 38(7)(8)(9) substituted (17.9.2003) by Communications Act 2003 (Consequential Amendments) Order 2003 (S.I. 2003/2155), art. 1(1), Sch. 1 para. 5(3)(c)

F39 Words in s. 38(7)(8)(9) substituted (17.9.2003) by Communications Act 2003 (Consequential Amendments) Order 2003 (S.I. 2003/2155), art. 1(1), Sch. 1 para. 5(3)(d)

F40 S. 38(8)(9) inserted by Telecommunications Act 1984 (c. 12, SIF 96), Sch. 4 para. 46(2)

F41 Words in s. 38(7)(8)(9) substituted (17.9.2003) by Communications Act 2003 (Consequential Amendments) Order 2003 (S.I. 2003/2155), art. 1(1), Sch. 1 para. 5(3)(b)

Modifications etc. (not altering text)

C1 S. 38 extended by Gas Act 1986 (c. 44, SIF 44:2), s. 67(1)(3), Sch. 7 para. 2(1)(xx), Sch. 8 para. 33

C2 S. 38 extended by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(1)(3), Sch. 16 para. 1(1)(xix), Sch. 17 paras. 33, 35(1)

C3 S. 38 extended (1.3.1996) by 1995 c. 45, s. 16(1), Sch. 4 para. 2(1)(xv); S.I. 1996/218, art. 2

Marginal Citations

M1 1874 c. 94.

Long-Distance Routes S

39 General provisions as to long-distance routes. S

(1) Where it appears to [F42 Scottish Natural Heritage] that the public should be enabled to make extensive journeys on foot, on pedal cycles or on horseback along a particular route, being a route which for the whole or the greater part of its length does not pass along roads mainly used by vehicles, [F42 Scottish Natural Heritage] may prepare and submit to the Secretary of State a report under this section.

(2) A report under this section shall contain a map showing the route, defining those parts thereof over which there exists a public right of way, and indicating in each case the nature of that right; and the report shall set out such proposals as [F42 Scottish Natural Heritage] may think fit for the provision, maintenance and enjoyment of the route, and without prejudice to that generality—

(a) for the maintenance or improvement of any public path or road along which the route passes;

(b) for the provision and maintenance of such new public paths as may be required for enabling the public to journey along the route;

(c) for the provision and operation of ferries where they are needed for completing the route; and

(d) for the provision of accommodation, toilet facilities, meals and refreshments along the route.

(3) A report under this section may also include such recommendations as [F42 Scottish Natural Heritage] may think fit for the restriction of traffic on existing roads along which the route passes.

(4) Before submitting a report under this section [F42 Scottish Natural Heritage] shall consult with every local planning authority through whose area the route passes; and it shall be the duty of every such authority to furnish to [F42 Scottish Natural Heritage] such information as [F42 Scottish Natural Heritage] may reasonably require for the purposes of the report.

(5) A report under this section shall contain an estimate, in such form as the Secretary of State may require, of the capital outlay and annual expenditure likely to be incurred by any authority in carrying out any such proposals contained therein as are mentioned in subsection (2) above; the report shall also contain any representations made by any authority consulted under subsection (4) above.

Textual Amendments

F42 Words in s. 39 substituted (01.04.1992) by Natural Heritage (Scotland) Act 1991 (c. 28, SIF 46:1 ), s. 14(3); S.I. 1991/2633, art.4.

40 Approval of proposals relating to a long-distance route. S

(1) On the submission to the Secretary of State of a report under the last foregoing section, he shall consider any proposals contained in the report under subsection (2) of that section, any recommendations made under subsection (3) thereof and any representations referred to in subsection (5) thereof, and may either approve the proposals, with or without modifications or subject to such conditions as he thinks fit, or reject the proposals:

Provided that where the Secretary of State does not propose to approve the proposals as set out in the report he shall, before coming to a determination as to what action to take under this subsection, consult with [F43 Scottish Natural Heritage] and such other authorities and persons as he may think fit.

(2) As soon as may be after the Secretary of State determines under the last foregoing subsection either to approve any proposals, with or without modifications or conditions, or to reject them, he shall notify his determination to [F43 Scottish Natural Heritage] and to every local planning authority whose area is traversed by the route to which the report relates.

(3) Proposals approved by the Secretary of State under subsection (1) above, either as originally set out in the report or as modified by the Secretary of State, are hereinafter referred to as “approved proposals relating to a long-distance route”, and such proposals shall be implemented by the local planning and other authorities concerned as soon as may be after their approval as aforesaid.

Textual Amendments

F43 Words in s. 40 substituted (01.04.1992) by Natural Heritage (Scotland) Act 1991 (c. 28, SIF 46:1 ), s. 14(3); S.I. 1991/2633, art.4.

41 Ferries for purposes of long-distance routes. S

(1) Where approved proposals relating to a long-distance route include proposals for the provision and operation of a ferry, the authority who are responsible for the maintenance of the roads or public paths to be connected by the ferry or, where there is more than one such authority, those authorities acting jointly or any such authority as may mutually be agreed—

(a) shall have power to provide and operate the ferry and to carry out such work and do all such things as appear to them expedient for the purpose of operating the ferry;

(b) may . . . F44 agree with any person or body of persons for the provision and operation of the ferry by him or them and for the making by the authority of such contributions as may be specified in the agreement:

Provided that nothing in this subsection shall—

(i) be construed as conferring on such an authority any exclusive right to operate a ferry;

(ii) authorise the doing of anything which apart from this subsection would be actionable by any person by virtue of his having an exclusive right to operate a ferry, unless he consents to the doing thereof;

(iii) authorise the doing of anything in relation to land in which any other person has an interest, if apart from this subsection the doing thereof would be actionable at his instance by virtue of that interest and he does not consent to the doing thereof;

and before carrying out any work in the exercise of powers conferred by this subsection, being work on the bank or bed of any waterway, the authority shall consult with every authority which under any enactment has functions relating to the waterway.

(2) An authority may acquire land compulsorily for the purpose of any of their functions under paragraph (a) of the foregoing subsection.

Textual Amendments

F44 Words repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 29

42 Variation of approved proposals. S

(1) Where proposals relating to a long-distance route have been approved by the Secretary of State under section 40 above, [F45 Scottish Natural Heritage] may from time to time prepare and submit to the Secretary of State a report proposing any such variation of the approved proposals as [F45 Scottish Natural Heritage] may think fit.

(2) Where, as respects any proposals approved as aforesaid, it appears to the Secretary of State, after consultation with [F45 Scottish Natural Heritage], expedient that the proposals should be varied in any respect and [F45 Scottish Natural Heritage] have not submitted to the Secretary of State a report proposing that variation, the Secretary of State may direct that the proposals shall be so varied.

(3) Where an authority have found it impracticable to implement any part of any proposals approved as aforesaid, they shall so inform [F45 Scottish Natural Heritage] and shall submit to [F45 Scottish Natural Heritage] a report proposing such variations of the approved proposals as they may think fit.

(4) Section 39(4) and 40 above shall with the necessary modifications apply to a report or direction under this section; and section 39(5) above shall with the necessary modifications apply to any such report.

(5) Where the Secretary of State approves, with or without modifications, any proposals contained in a report under subsection (1) above, or gives a direction under subsection (2) above, the proposals for the variation of which the report was made or direction given shall thereafter have effect subject to the provisions of the report or direction; and references in this Act to approved proposals relating to a long-distance route shall be construed accordingly.

Textual Amendments

F45 Words in s. 42 substituted (01.04.1992) by Natural Heritage (Scotland) Act 1991 (c. 28, SIF 46:1 ), s. 14(3); S.I. 1991/2633, art.4.

Miscellaneous Provisions relating to Rights of Way S

F46 43 Ploughing of public rights of way. S

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

Textual Amendments

F46 S. 43 repealed (9.2.2005) by Land Reform (Scotland) Act 2003 (asp 2), s. 100(3), Sch. 2 para. 4(c) (with s. 100(2), Sch. 2 paras. 6, 7); S.S.I. 2005/17, art. 2(b)

44 Pasturing of bulls. S

(1) No person shall, being the occupier of any field or enclosure through which there is a public right of way, permit any bull to be at large in such field or enclosure:

Provided that this section shall not apply to any bull which—

(a) does not exceed the age of 10 months; or

(b) is not of a recognised dairy breed and is at large in any field or enclosure in which cows or heifers are also at large.

(2) A person who fails to comply with the foregoing subsection shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding [F47 level 3 on the standard scale].

Textual Amendments

F47 Words substituted by virtue of Countryside (Scotland) Act 1981 (c. 44, SIF 46:1), s. 6(d) and Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G (as inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 54)

45 Power to authorise erection of stiles, etc., on public rights of way. S

(1) Where the owner, tenant or occupier of land which is used or being brought into use for agriculture or forestry represents to the authority responsible under section 46(1) below for the protection of a public right of way which crosses the land that, for securing that the use, or any particular use, of the land for agriculture or forestry shall be efficiently carried on, it is expedient that stiles, gates or other works for preventing the ingress or egress of animals should be erected on the way, the authority may, subject to such conditions as they may impose for maintenance and for enabling the right of way to be exercised without undue inconvenience to the public, authorise the erection of the stiles, gates or other works.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F48

(3) Where an authorisation is granted by an authority under subsection (1) above . . . F49 , the right of way shall be deemed to be subject to a condition that the stiles, gates or works may be erected and maintained in accordance with the authorisation and so long as the conditions attached thereto are complied with.

(4) Nothing in the provisions of this section shall prejudice any limitation or condition having effect apart from those provisions.

Textual Amendments

F48 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

F49 Words repealed by Countryside (Scotland) Act 1981 (c. 44, SIF 46:1), Sch. 2

46 Protection and maintenance of rights of way. S

(1) It shall be the duty of a local planning authority to assert, protect and keep open and free from obstruction or encroachment any public right of way which is wholly or partly within their area, and they may for these purposes institute and defend legal proceedings and generally take such steps as they may deem expedient.

(2) [F50 A] local planning authority may repair and maintain any public right of way (not being a [F51 public] road or a [F52 footway]) within their area, but this power shall not relieve any other authority or person from any liability with respect to such repair or maintenance.

(3) Any person may with the consent of the local planning authority erect and maintain guide posts and direction notices on any public right of way other than a [F53 public] road.

(4) Section 42 of the M2 Local Government (Scotland) Act 1894 is hereby repealed

[F54 (5) The references in subsections (1) to (3) above to planning authorities shall be construed as references to planning authorities which carry out district planning functions; and in this subsection “district planning functions” has the same meaning as in Part IX of the M3 Local Government (Scotland) Act 1973.]

Textual Amendments

F50 Word substituted by Countryside (Scotland) Act 1981 (c. 44, SIF 46:1), s. 7(a)

F51 Word inserted in s. 46(2) (1.4.1995) by 1994 c. 39, s. 180(1), Sch. 13 para. 72(2); S.I. 1995/702, art. 3(d)(i)

F52 Word substituted by Roads (Scotland) Act 1981 (c. 44, SIF 108), Sch. 9 para. 60(2)(a)

F53 Word inserted by Roads (Scotland) Act 1981 (c. 44, SIF 108), Sch. 9 para. 60(2)(b)

F54 S. 46(5) added by Countryside (Scotland) Act 1981 (c. 44, SIF 108), s. 7(b)

Modifications etc. (not altering text)

C4 S. 46 extended (with modifications) (8.9.2000) by 2000 asp 10, s. 36, Sch. 5 para. 2(1)(2) (with s. 32); S.S.I. 2000/312, art. 2

C5 The text of s. 46(4), 52(1), 58(5)(6) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M2 1894 c. 58.

M3 1973 c. 65(81:27).

47 Interpretation of Part III. S

In this Part of this Act, unless the context otherwise requires—

• “bridleway” means a way over which the public have the following, but no other, rights of way, that is to say, a right of way on foot and a right of way on horseback or leading a horse, with or without a right to drive animals of any description along that way;

• “footpath” means a way over which the public have the following, but no other, rights of way, that is to say, a right of way on foot with or without a right of way on pedal cycles;

• “horse” includes pony, ass and mule, and “horseback” shall be construed accordingly;

• “public path” has the meaning assigned to it in section 30 of this Act [F55 ;and

• “ public road ” has the same meaning as in the M4 Roads (Scotland) Act 1984. ]

  [F56 and references to a right of way do not include references to access rights within the meaning of section 1 of the Land Reform (Scotland) Act 2003 (asp 2)]

Textual Amendments

F55 Definition added by Roads (Scotland) Act 1984 (c. 54, SIF 108), Sch. 9 para. 60(3)

F56 Words in s. 47 inserted (9.2.2005) by Land Reform (Scotland) Act 2003 (asp 2), s. 100(3), Sch. 2 para. 5 (with s. 100(2)); S.S.I. 2005/17, art. 2(b)

Marginal Citations

M4 1984 c. 54(108).