Countryside (Scotland) Act 1967

15 Provisions as to land used for agricultural purposes or as woodlands. S

(1) If, on the submission of an access order to the Secretary of State for confirmation, a representation is duly made as respects any land—

(a) that the land is used, or about to be brought into use, for agricultural purposes, and that the use or proposed use as aforesaid will be prejudiced by the application of the provisions of section 11 above to the land; or

(b) that the land is used, or about to be brought into use, for the growing of timber for commercial purposes, and that the use or proposed use as aforesaid will be prejudiced as aforesaid; or

(c) that the land is used for the growing of timber so as to be of value for the amenity of the neighbourhood and that the growth or regeneration of the timber will be prejudiced as aforesaid,

then, subject to the provisions of this section, if the Secretary of State is satisfied that the conditions specified in paragraph (a), (b) or (c) of this subsection are fulfilled and outweigh the benefit arising from the increased facilities for public access, he shall not confirm the order so as to apply the said provisions to the land.

(2) Where, as respects land comprised in an access agreement, it is represented to the Secretary of State that the conditions specified in paragraph (a), (b) or (c) of the foregoing subsection are fulfilled, and the Secretary of State is satisfied as stated in that subsection, then subject to the provisions of this section—

(a) the Secretary of State shall notify to the [F1 body by which] the agreement was made the fact that he is satisfied as aforesaid, and thereupon the [F1 body] shall vary the agreement so as to exclude the land;

(b) the fact that the agreement is expressed to be irrevocable shall not prevent its variation so as to exclude the land; and

(c) if the concurrence of any party to the agreement other than the [F2 body], or of the successor in title to his interest, cannot be obtained to the variation of the agreement as aforesaid, the [F2 body] may by order made with the approval of the Secretary of State vary the agreement.

(3) Where, as respects land comprised in an access orderF3 . . ., it is represented to the Secretary of State that the conditions specified in paragraph (a), (b) or (c) of subsection (1) above are fulfilled, and the Secretary of State is satisfied as stated in that subsection, then subject to the provisions of this section the Secretary of State shall make an order varying the access order so as to exclude the land.

(4) Before exercising any of his functions under this section the Secretary of State [F4 , except as regards an access order made by Scottish Natural Heritage,]shall consult with [F5 Scottish Natural Heritage]; and before coming to a conclusion on any such representation as is mentioned in the two last foregoing subsections, the Secretary of State shall either cause a local inquiry to be held or afford to the person by whom the representation was made and to [F6 the body by which the order was made] an opportunity of being heard by a person appointed by the Secretary of State for the purpose, and shall consider the report of the person by whom the inquiry was held or the person appointed as aforesaid as the case may be.

(5) In determining whether the conditions specified in paragraph (a), (b) or (c) of subsection (1) above are fulfilled in the case of any proposed access order, the Secretary of State shall have regard to the provisions of section 11(3) above; and references in this section to varying an agreement or order so as to exclude land shall include references to varying an agreement or order by the imposition of such restrictions under the said section 11(3) as may be specified by the Secretary of State as requisite for the purposes of this section.

(6) In this section the expression “timber” includes trees of every description, and also saleable underwood.

Textual Amendments

F1 Words in s. 15(2)(a) substituted (01.04.1992) by Natural Heritage (Scotland) Act 1991 (c. 28, SIF 46:1), s. 13, Sch. 3, para. 5(2)(a); S.I. 1991/2633, art.4.

F2 Word in s. 15(2)(c) substituted (01.04.1992) by Natural Heritage (Scotland) Act 1991 (c. 28, SIF 46:1), s. 13, Sch. 3, para. 5(2)(b); S.I. 1991/2633, art.4.

F3 Words in s. 15(3) repealed (01.04.1992) by Natural Heritage (Scotland) Act 1991 (c. 28, SIF 46:1), ss. 13, 27(2), Sch. 3, para. 5(3), Sch.11; S.I. 1991/2633, art.4.

F4 Words in s. 15(4) inserted (01.04.1992) by Natural Heritage (Scotland) Act 1991 (c. 28, SIF 46:1), s. 13, Sch. 3, para. 5(4); S.I. 1991/2633, art.4.

F5 Words in s. 15 substituted (01.04.1992) by Natural Heritage (Scotland) Act 1991 (c. 28, SIF 46:1 ), s. 14(3); S.I. 1991/2633, art.4.

F6 Words in s. 15(4) substituted (01.04.1992) by Natural Heritage (Scotland) Act 1991 (c. 28, SIF 46:1), s. 13, Sch. 3, para. 5(4); S.I. 1991/2633, art.4.