(1)A person interested in any land comprised in an access agreement or order, not being excepted land, shall not carry out any work thereon whereby the area to which the public are able to have access by virtue of the agreement or order is substantially reduced:
Provided that nothing in this subsection shall affect the doing of anything whereby any land becomes excepted land.
(2)Any restriction arising under an agreement or otherwise as to the use of any land comprised in an access agreement or order shall have effect subject to the provisions of this Part of this Act, and any liability of a person interested in such land in respect of such a restriction shall be limited accordingly.
(3)For the purposes of any enactment or rule of law as to the circumstances in which a right of way or servitude may be constituted, use of land by the public or by any person at any time while it is comprised in an access agreement or order shall be disregarded.
(4)Every access agreement and access order and every instrument or order varying or revoking any such agreement or order shall contain a particular description of the lands affected or a description by reference of those lands in the manner provided by section 61 of the M1Conveyancing (Scotland) Act 1874.
[F1(5)As soon as practicable after an agreement or instrument such as is mentioned in subsection (4) above is made or an order so mentioned is confirmed, it shall be registered or, as the case may be, recorded in pursuance of subsection (6) or (7) below.
(6)In the case of an agreement or order made by Scottish Natural Heritage or an instrument or order varying or revoking such an agreement or order—
(a)if an interest in the land to which the agreement, instrument or order relates falls to be registered in the Land Register of Scotland, Scottish Natural Heritage shall cause the agreement, instrument or order to be registered in that register;
(b)in any other case it shall cause the agreement, instrument or order to be recorded in the appropriate Division of the General Register of Sasines.
(7)In the case of an agreement or order made by the general or district planning authority or an instrument or order varying or revoking such an agreement or order—
(a)if an interest in the land to which the agreement, instrument or order relates falls to be registered in the Land Register of Scotland, the general or district planning authority shall cause the agreement, instrument or order to be registered in that register;
(b)in any other case they shall cause the agreement, instrument or order to be recorded in the appropriate Division of the General Register of Sasines.
(8)Subject to subsection (9) below, an agreement, instrument or order registered or recorded in pursuance of subsection (6) or, as the case may be, subsection (7) above shall be enforceable at the instance of respectively Scottish Natural Heritage or the general or district planning authority against persons deriving title to the land or the relevant interest therein from the person so entitled when the agreement, instrument or order was made.
(9)An agreement, instrument or order shall not be enforceable as mentioned in subsection (8) above against a third party who has in good faith and for value acquired right (whether completed by infeftment or not) to the land or to the relevant interest therein prior to the agreement, instrument or order being registered or, as the case may be, recorded in pursuance of subsection (6) or (7) above, or against any person deriving title from such third party.
(10)In this section “relevant interest” means an interest which is subject to an agreement, instrument or order such as is mentioned in subsection (4) above.]
Textual Amendments
F1S. 16(5)-(10) substituted (01.04.1992) for s. 16(5) by Natural Heritage (Scotland) Act 1991 (c. 28, SIF 46:1), s. 13, Sch. 3, para.6; S.I. 1991/2633, art.4.
Marginal Citations