Countryside (Scotland) Act 1967

1 (1) Before [F1 a body makes] F2 ..., a public path creation order, a public path extinguishment order or a public path diversion order [F3 it] shall give notice in the prescribed form— S

[F4 (a) stating the general effect of the order and that it is about to be made and, subject to paragraph 2(1A) of this Schedule, submitted for confirmation,]

(b) naming a place in the area in which the land to which the order relates is situated where a [F5 draft] of the order and of the map referred to therein may be inspected free of charge at all reasonable hours, and

(c) specifying the time (not being less than twenty-eight days from the date of the first publication of the notice) within which, and the manner in which, representations or objections with respect to the [F6 draft] order may be made.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7

(3) The notices to be given under [F8 sub-paragraph (1) above] shall be given—

(a) in the case of F9 ... a public path creation order, by publication in at least one local newspaper circulating in the area in which the land to which the order relates is situated, and by serving a like notice on every owner, occupier and tenant (except tenants for a month or any period less than a month and statutory tenants within the meaning of [F10 the M1 Rent (Scotland) Act 1971] of any of that land, so however that—

(i) except in the case of an owner, occupier or tenant being a local authority, local planning authority or statutory undertaker, the Secretary of State may in any particular case direct that it shall not be necessary to serve notice as aforesaid if in his opinion it is not reasonably practicable to do so, but

(ii) if the Secretary of State so directs in the case of any land, then in addition to publication the notice shall be addressed to “the owners and any occupiers” of the land (describing it) and a copy or copies of it shall be affixed to some conspicuous object or objects on the land;

(b) in the case of a public path extinguishment order or a public path diversion order, by publication and the service of notices as mentioned in head (a) of this sub-paragraph and also—

(i) by serving such a notice as is therein mentioned on every local authority and local planning authority whose area includes any of the land to which the order relates, and

(ii) by causing a copy of the notice to be displayed in a prominent position at the ends of so much of any public path as is to be closed or diverted by virtue of the order.

Textual Amendments

F1 Words in Sch. 3 para. 1(1) substituted (01.04.1992) by Natural Heritage (Scotland) Act 1991 (c. 28, SIF 46:1), s. 27(1), Sch. 10, para. 4(11)(a)(i); S.I. 1991/2633, art.4.

F2 Words in Sch. 3 para. 1(1) repealed (9.2.2005) by Land Reform (Scotland) Act 2003 (asp 2), s. 100(3), Sch. 2 para. 4(f) (with s. 100(2), Sch. 2 paras. 6, 7); S.S.I. 2005/17, art. 2(b)

F3 Words in Sch. 3 para. 1(1) substituted (01.04.1992) by Natural Heritage (Scotland) Act 1991 (c. 28, SIF 46:1), s. 27(1), Sch. 10, para. 4(11)(a)(ii); S.I. 1991/2633, art.4.

F4 Sch. 3 para. 1(1)(a) substituted by Local Government and Planning (Scotland) Act 1982 (c. 43, SIF 81:2), Sch. 3 para. 11(a)(iii)

F5 Word substituted by Local Government and Planning (Scotland) Act 1982 (c. 43, SIF 81:2), Sch. 3 para. 11(a)(iv)

F6 Word inserted by Local Government and Planning (Scotland) Act 1982 (c. 43, SIF 81:2), Sch. 3 para. 11(a)(v)

F7 Sch. 3 para. 1(2) repealed by Local Government and Planning (Scotland) Act 1982 (c. 43, SIF 81:2), Sch. 4 Pt. I

F8 Words substituted by Local Government and Planning (Scotland) Act 1982 (c. 43, SIF 81:2), Sch. 3 para. 11(c)

F9 Words in Sch. 3 para. 1(3) repealed (9.2.2005) by Land Reform (Scotland) Act 2003 (asp 2), s. 100(3), Sch. 2 para. 4(f) (with s. 100(2)); S.S.I. 2005/17, art. 2(b)

F10 Words substituted by virtue of Interpretation Act 1978 (c. 30), s. 17(2)(a)

Marginal Citations

M1 1971 c. 28.