Town and Country Planning (Scotland) Act 1972 (repealed 27.5.1997)

Conversion of highway into footpath or bridleway S

201 Order extinguishing right to use vehicles on highway. S

(1) The provisions of this section shall have effect where a competent authority by resolution adopt a proposal for improving the amenity of part of their area, being a proposal which involves a [F1 road] in that area (being a [F1 road] over which the public have a right of way with vehicles, but not a trunk road or a road classified as a principal road for the purposes of advances under section [F2 3 of the Roads (Scotland) Act 1984]) being changed to a footpath or bridleway

(2) [F3 Subject to section 206 of this Act and to subsection (9) of this section, the competent authority may] by order provide for the extinguishment of any right which persons may have to use vehicles on that [F4 road].

(3) An order made under subsection (2) of this section may include such provision as the [F5 competent authority] (after consultation with the F6 planning authority and the [F7 roads] authority, if different from the competent authority) thinks fit for permitting the use on the [F7 road] of vehicles (whether mechanically propelled or not) in such cases as may be specified in the order, notwithstanding the extinguishment of any such right as is mentioned in that subsection; and any such provision may be framed by reference to particular descriptions of vehicles, or to particular persons by whom, or on whose authority, vehicles may be used, or to the circumstances in which, or the times at which, vehicles may be used for particular purposes.

(4) No provision contained in, or having effect under, any enactment, being a provision prohibiting or restricting the use of footpaths or bridleways shall affect any use of a vehicle on a [F8 road] in relation to which an order made under subsection (2) of this section has effect, where the use is permitted in accordance with provisions of the order included by virtue of subsection (3) of this section.

(5) Any person who, at the time of an order under subsection (2) of this section coming into force, has an interest in land having lawful access to a [F8 road] to which the order relates shall be entitled to be compensated by the competent authority in respect of any depreciation in the value of his interest which is directly attributable to the order and of any other loss or damage which is so attributable.

In this subsection “lawful access” means access authorised by planning permission granted under this Act or the Act of 1947, or access in respect of which no such permission is necessary.

(6) A claim for compensation under subsection (5) of this section shall be made to the competent authority within the time and in the manner prescribed by regulations under this Act.

(7) Sections 167 and 168 of this Act shall have effect in relation to compensation under subsection (5) of this section as they have effect in relation to compensation to which those sections apply.

(8) Without prejudice to section 273(3) of this Act, the [F9 competent authority may, subject to section 206 of this Act and to subsection (9) of this section] by order revoke an order made by [F9 them] in relation to a [F8 road] under subsection (2) of this section; and the effect of the order shall be to reinstate any right to use vehicles on the [F8 road], being a right which was extinguished by virtue of the order under that subsection.

(9) The competent authorities for the purposes of this section are [F10 regional, islands and district] councils, and [F11 a competent authority shall not make an order under subsection (2) or (8) of this section—

(a) if they are not the authority exercising district planning functions, without consulting that authority; and

(b) if they are not the [F12 roads] authority, without obtaining the consent of that authority.]

[F13 (10) An order under this section—

(a) may make such provision as appears to the competent authority to be necessary or expedient for the [F14 construction] or improvement of any other [F14 road] (not being a trunk road such as is mentioned in paragraph (a), or a special road such as is mentioned in paragraph (b), of section 189A(1) of this Act), and may direct that [F14 the other road so constructed or improved shall be entered by the local roads authority in the list of public roads kept by the local roads authority under section 1 of the Roads (Scotland) Act 1984];

(b) may contain such incidental and consequential provisions as appear to the competent authority to be necessary or expedient, including in particular—

(i) provision for authorising the competent authority, or requiring any other authority or person specified in the order, to make such payments, repayments or contributions as are mentioned in F15 paragraph (a) of subsection (3) of section 198 of this Act;

(ii) such provision as is mentioned in paragraph (b) of that subsection.

(11) The provisions of this section shall have effect without prejudice to—

(a) any power conferred on the competent authority by any other enactment to authorise the stopping up or diversion of a [F16 road]

(b) the provisions of section 203(1)(b) of this Act.]

Textual Amendments

F1 Word substituted by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 70(10)(a)(i) (with s. 128(1))

F2 Words substituted by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 70(10)(a)(ii) (with s. 128(1))

F3 Words substituted by Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c. 23), Sch. 2 para. 27(1)(a) except as regards the operation of s. 201 in relation to an extinguishment for which application was, before 11.6.1981, made to the Secretary of State under s. 201(2)

F4 Word substituted by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 70(10)(b) (with s. 128(1))

F5 Words substituted by Local Government (Miscellaneous Provisions (Scotland) Act 1981 (c. 23, Sch. 2 para. 27(1)(b). (2) except as regards the operation of s. 201 in relation to an extinguishment for which application was, before 11.6.1981, made to the Secretary of State under s. 201(2)

F6 Word repealed by Local Government (Scotland) Act 1973 (c. 65), s. 172(2)

F7 Word substituted by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 70(10)(c)(i)(ii) (with s. 128(1))

F8 Word substituted by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 70(10)(d) (with s. 128(1))

F9 Words substituted by Local Government (Miscellaneous Provi sions (Scotland) Act 1981 (c. 23), Sch. 2 para. 27(1)(c), (2) except as regards the operation of s. 201 in relation to an extinguishment for which application was, before 11.6.1981, made to the Secretary of State under s. 201(2)

F10 Words substituted by Local Government (Scotland) Act 1973 (c. 65), Sch. 23 para. 27

F11 Words substituted by Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c. 23), Sch. 2 para. 27(1)(d), (2) except as regards the operation of s. 20 in relation to an extinguishment for which application was, before 11.6.1981, made to the Secretary of State under s. 201(2)

F12 Word substituted by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 70(10)(e) (with s. 128(1))

F13 S. 201(10)(11) substituted for s. 201(1) by Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c. 23), Sch. 2 para. 27(1)(e), (2) except as regards the operation of s. 201 in relation to an extinguishment for which application was, before 11.6.1981, made to the Secretary of State under s. 201(2)

F14 Word(s) substituted by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 70(10)(f)(i) (with s. 128(1))

F15 Words repealed by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1)(3), Sch. 9 para. 70(10)(f)(ii), Sch. 11 (with s. 128(1))

F16 Word substituted by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 70(10)(g) (with s. 128(1))

202 Provision of amenity for highway reserved to pedestrians. S

(1) Where in relation to a [F17 road] an order has been made under section 201(2) of this Act, a competent authority may carry out and maintain any such works on or in the [F17 road], or place on or in it any such objects or structures, as appear to them to be expedient for the purposes of giving effect to the order or of enhancing the amenity of the [F17 road] and its immediate surroundings or to be otherwise desirable for a purpose beneficial to the public.

(2) The powers exercisable by a competent authority under this section shall extend to laying out any part of the [F17 road] with lawns, trees, shrubs and flower-beds and to providing facilities for recreation or refreshment.

(3) A competent authority may so exercise their powers under this section as to restrict the access of the public to any part of the [F17 road], but shall not so exercise them as—

(a) to prevent persons from entering the [F17 road] at any place where they could enter it before the order under section 201 of this Act was made; or

(b) to prevent the passage of the public along the [F17 road]; or

(c) to prevent normal access by pedestrians to premises adjoining the [F17 road]; or

(d) to prevent any use of vehicles which is permitted by an order made under the said section 201 and applying to the [F17 road]; or

(e) to prevent statutory undertakers from having access to any works of theirs under, in, on, over, along or across the [F17 road]; [F18 or

(f) to prevent the operator of any telecommunications code system from having access to any works of his under, in, on, over, along or across the [F17 road].]

(4) An order under section 201(8) of this Act may make provision requiring the removal of any obstruction of the [F17 road] resulting from the exercise by a competent authority of their powers under this section.

(5) The competent authorities for the purposes of this section are [F19 regional, islands and district] councils, but such an authority shall not exercise any powers conferred by this section unless they have obtained the consent of the F20 planning authority [F21 exercising district planning functions] and the [F22 roads] authority (in a case where they are themselves not that authority).

Textual Amendments

F17 Word substituted by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 70(11)(a) (with s. 128(1))

F18 S. 201(3)(f) and the word “or” immediately preceeding that paragraph inserted by Telecommunications Act 1984 (c. 12, SIF 96), Sch. 4 para. 54(7), Sch. 5 para. 45

F19 Words substituted by Local Government (Scotland) Act 1973 (c. 65), Sch. 23 para. 28

F20 Word repealed by Local Government (Scotland) Act 1973 (c. 65), s. 172(2)

F21 Words inserted by Local Government (Scotland) Act 1973 (c. 65), Sch. 23 para. 28

F22 Word substituted by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 70(11)(b) (with s. 128(1))

Modifications etc. (not altering text)

C1 S. 108(2), 117–119, 121, 138, 154(3), 170–172, 175, 181, 195(6), 198(3), 199(2), 202(3), 205, 211, 212, 214, 216–230, 233(7), 242, 259, 266(6)(b), 275(2), Sch. 8, Sch. 17 para. 1–3, Sch. 18 extended by Gas Act 1986 (c. 44, SIF 44:2), s. 67(1)(3), Sch. 7 para. 2(1)(xxv) (with Sch. 8 para. 33)

C2 S. 202(3), 205, 211, 212, 214–230, 233(7), 242, 266(6)(b), 275(2), Sch. 8, Sch. 17 paras. 1–3 amended by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(1), Sch. 16 para. 1(1)(xxiii) (with s. 112(3), Sch. 17 paras. 33, 35(1))

C3 S. 202(3) extended by Civil Aviation Act 1982 (c. 16), Sch. 2 para. 4; amended by British Telecommunications Act 1981 (c. 38), Sch. 3 para. 10(2)(d)

C4 Ss. 198(3), 199(2), 202(3) extended (1.3.1996) by 1995 c. 45, s. 16(1), Sch. 4 para. 2(1)(xix); S.I. 1996/218, art. 2