Local Government (Development and Finance) (Scotland) Act 1964

2 Additional power to develop land. S

(1) Notwithstanding anything contained in section 1 of this Act, a local authority may, for the purpose of—

(a) preserving or enhancing the natural beauty of land in their area, or

(b) enabling land in their area to be brought into use or restoring or improving its appearance, where the land appears to them to be derelict, neglected or unsightly, or

[F1 (c) enabling members of the public to enjoy the countryside or engage in open-air recreation there,]

carry out such work as appears to them to be expedient.

(2) Without prejudice to the generality of the foregoing subsection, a local authority may—

(a) for the purpose of enabling members of the public to enjoy the countryside,

(i) provide on land in their area picnic places, footpaths, seats, shelters, public conveniences, view-point stances and indicators, and

(ii) provide passenger ferries;

(b) for the purpose of enabling members of the public to engage in boating, fishing, water sports, or similar activities, provide piers, jetties, boatslips, landing places and landing stages.

Nothing in this subsection shall authorise the carrying out of any operation in contravention of section 34 of the M1 Coast Protection Act 1949 (which provides for the restriction of works detrimental to navigation).

(3) In this section—

• “footpath” includes gates, stiles, steps, bridges and other ancillary works;

• “indicator” includes signposts, milestones, plaques, panoramic drawings and other means of indicating landmarks, together with any necessary mountings therefor;

• “picnic places” includes equipment ancillary thereto;

• “provide” includes maintain and improve.

Textual Amendments

F1 S. 2(1)(c) added by Countryside (Scotland) Act 1967 (c. 86), s. 52(1)

Modifications etc. (not altering text)

C1 S. 2 extended by Countryside (Scotland) Act 1967 (c. 86), ss. 52(2)(3), 73(1)

C2 S. 2 extended (8.9.2000) by 2000 asp 10, s. 9, Sch. 3 para. 1(a) (with s. 32); S.I. 2000/312, art. 2

C3 S. 2(2) excluded by Local Government (Scotland) Act 1975 (c. 30),s. 16, Sch. 3 para. 22(2)

Marginal Citations

M1 1949 c. 74.