Countryside (Scotland) Act 1967

PART V General, Financial and Supplementary

66 Conservation of natural beauty

In the exercise of their functions relating to land under any enactment every Minister, government department and public body shall have regard to the desirability of conserving the natural beauty and amenity of the countryside.

67 Grants to local authorities

(1) 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—

(a) the exercise of the powers conferred on them by this Act;

(b) the exercise of their powers under section 24 of the [1960 c. 62.] 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 of the [1964 c. 67.] 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 25 or an order made under section 26 of the Act of 1947 (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 paragraphs of this subsection.

(2) 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.

(3) 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.

(4) In this section " local authority " includes a local planning authority.

68 Power of Secretary of State to defray expenditure on long distance routes

Subject to such conditions as the Treasury may determine, the Secretary of State may defray or contribute towards expenditure incurred for the purposes of approved proposals relating to a long-distance route.

69 Acquisition, appropriation, disposal, etc. of land

(1) The [1947 c. 42.] 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—

(a) by the Secretary of State, as if section 1(1)(b) of that Act included a reference to the Secretary of State, and

(b) by the Commission or by a local planning authority, as if they were a local authority within the meaning of that Act.

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

(3) For the purposes of this Act a local planning authority shall have the powers conferred on a local authority by sections 156, 157, 163 and 165 to 167 and section 340 of the [1947 c. 43.] Local Government (Scotland) Act 1947 (acquisition, appropriation and disposal of land and gifts of land) and sections 158 and 356 of that Act (application of Lands Clauses Acts etc. and enforcement of duty) shall apply to a local planning authority as they apply to a local authority.

70 Supplementary provisions as to compensation under ss. 20, 37 and 62

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

(2) 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 [1949 c. 42.] 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 [1963 c. 51.] Land Compensation (Scotland) Act 1963.

(3) 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 authority from whom the compensation in question is claimed.

(4) 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.

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

(a) compensation referred to in subsection (1) above in respect of the depreciation of that interest shall be calculated as if the interest were not subject to the heritable security;

(b) a claim or application for the payment of any such compensation, or an application for the recording of a claim in respect of the interest under section 22(1) of this Act, may be made by any person who when the order giving rise to the compensation was made was the heritable creditor, or by any person claiming under such a person, but without prejudice to the making of a claim or application by any other person ;

(c) a heritable creditor shall not be entitled to any such compensation in respect of his interest as such ; and

(d) any compensation payable in respect of the interest subject to the heritable security shall be paid to the heritable creditor or, where there is more than one heritable creditor, to the creditor whose heritable security has priority over any other heritable securities secured on the land, and shall in either case be applied by him as if it were proceeds of sale.

(6) In this section " heritable security " has the same meaning as in the [1924 c. 27.] 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.

71 Accounts and reports of the Commission

(1) 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.

(2) 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.

(3) 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.

(4) 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.

(5) 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.

(6) 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.

(7) 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.

72 Exemption of Commission from betterment levy

Section 56 of the [1967 c. 1.] Land Commission Act 1967 (exemption of public bodies from levy) shall apply to the Commission, and accordingly after subsection (4)(c) of that section there shall be inserted the following words:—

“(c) (i) the Countryside Commission for Scotland ;”.

73 Crown land

(1) If the appropriate authority consent thereto, the power to carry out work, provide services or facilities conferred on the Commission, local authorities and local planning authorities by this Act or by section 2 of the [1964 c. 67.] Local Government (Development and Finance) (Scotland) Act 1964 may be exercised on Crown land.

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

(a) no access order, public path creation order, public path extinguishment order or public path diversion order shall be made as respects such land except with the consent of the appropriate authority ;

(b) no such land shall be acquired under the said Part II or III except with such consent;

(c) if any land comprised in an access agreement or order, not being excepted land as defined for the purposes of the said Part II, becomes Crown land while it is so comprised, the access agreement or order shall cease to apply to the land unless the appropriate authority consent to the continued application thereto of the agreement or order.

(3) 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.

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

(5) In this section " Crown land " and " the appropriate authority " have the same meanings as in section 83 of the Act of 1947, and the provisions of subsection (6) of that section as to the determination of questions shall apply for the purposes of this section.

74 Expenses

(1) The Secretary of State may pay such sums in respect of the expenses of the Commission as he may, with the consent of the Treasury, determine.

(2) There shall be paid out of moneys provided by Parliament—

(a) any expenses incurred by the Secretary of State under this Act; and

(b) any increase in the sums payable out of moneys so provided under any enactment relating to local government in Scotland or under the [1967 c. 10.] Forestry Act 1967.

75 Powers of entry

(1) For the purpose of surveying land in connection with—

(a) the exercise or proposed exercise of any of the functions of the Commission under this Act in relation to land,

(b) the acquisition under this Act of the land or of any interest therein whether by agreement or compulsorily,

(c) the making of an access order with respect thereto, or

(d) the making of a public path creation order, public path extinguishment order or public path diversion order,

any person duly authorised in writing by the Secretary of State, the Commission 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.

(2) 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, the Commission 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.

(3) 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.

(4) The power conferred on the Commission to survey land in connection with the exercise of their functions under section 5 or 6 of this Act shall be construed as including power to search and bore for the purpose of ascertaining the nature of the subsoil or the presence of minerals therein:

Provided that a person shall not carry out any works authorised by this subsection unless notice of his intention so to do has been included in the notice required by subsection (3) above, and if the land in question is held by any statutory undertakers and those undertakers object to the proposed works on the ground that the carrying out thereof would be seriously detrimental to the carrying on of their undertaking, the works shall not be carried out except with the authority of the appropriate Minister.

In this subsection " the appropriate Minister " has the same meaning as in section 113(1) of the Act of 1947.

(5) 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.

(6) 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 £20.

76 Inquiries and service of notices

(1) Section 50 of the [1945 c. 33.] Town and Country Planning (Scotland) Act 1945 (which provides for the holding by a Minister of local inquiries) shall apply for the purposes of this Act.

(2) Section 101 of the Act of 1947 (which provides for the service 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 [1947 c. 42.] Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 as applied by this Act.

77 Orders

Any order under this Act may be varied or revoked by a subsequent order made in the like manner and subject to the like provisions:

Provided that, without prejudice to the making of a new access order under Part II of this Act, an access order under the said Part II shall not be varied so as to comprise land not comprised in the original order.

78 Interpretation

(1) In this Act unless the context otherwise requires—

• " the Act of 1947 " means the [1947 c. 53.] Town and Country Planning (Scotland) Act 1947;

• " agricultural land " means land used for the purposes of agriculture within the meaning of section 86(3) of the [1948 c. 45.] Agriculture (Scotland) Act 1948 and " agricultural purposes " shall be construed accordingly;

• " area of special planning control " has the meaning assigned to it by section 9 of this Act;

• " boat " includes any hover vehicle or craft being a vehicle or craft designed to be supported on a cushion of air and which is used on or over water;

• " the countryside " has the meaning assigned to it by section 2 of this Act;

• " district council " has the same meaning as in section 39 of the [1947 c. 43.] Local Government (Scotland) Act 1947;

• " enactment " has the same meaning as in the Act of 1947 ;

• " function " includes power and duty ;

• " interest ", in relation to land, includes any right over land, whether the right is exercisable by virtue of the ownership of an interest in land or by virtue of a licence or agreement, and in particular includes sporting and fishing rights ;

• " land " includes land covered by water and, in relation to the acquisition or disposal of land by virtue of this Act, any right or interest in or over land;

• " livestock rearing land " has the meaning assigned to it by section 1(3) of the [1951 c. 18.] Livestock Rearing Act 1951;

• " local authority " has the meaning assigned to it by section 379(1) of the Local Government (Scotland) Act 1947;

• " local planning authority " has the meaning assigned to it by section 2 of the Act of 1947 ;

• " open country " has the meaning assigned to it by section 10(2) of this Act;

• " owner ", in relation to land, means the person who, for the time being, receives, or, if the land were let, would be entitled to receive the rent of the land, or who, in the case of land which is unlet, is entitled to occupy the land, and includes any trustee, tutor, curator, factor, agent or other person receiving the rent on behalf of any other person, and also a joint owner;

• " prescribed " means prescribed by regulations made by statutory instrument by the Secretary of State subject to annulment in pursuance of a resolution of either House of Parliament;

• " public body " includes any local authority, local planning authority or statutory undertaker, and any trustees, commissioners, board or other persons who as a public body and not for their own profit act under any enactment for the improvement of any place or the production or supply of any commodity or service;

• " refreshments " includes exciseable liquor within the meaning of the [1959 c. 51.] Licensing (Scotland) Act 1959;

• " road " has the meaning assigned to it by section 257(1) of the [1960 c. 16.] Road Traffic Act 1960;

• " statutory undertakers " and " statutory undertaking " have the meanings assigned to them by section 113 of the Act of 1947;

• " waterway " means any loch, lake, river, reservoir, canal or other waters, being (in any case) water suitable, or which can reasonably be rendered suitable, for sailing, boating, bathing, fishing or other water sport or recreation.

(2) 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.

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

79 Short title and extent

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

(2) This Act, except in so far as it relates to the amendment of the [1957 c. 20.] House of Commons Disqualification Act 1957, shall extend to Scotland only.