Part III Public Paths and Long-Distance Routes
Miscellaneous Provisions relating to Rights of Way
46 Protection and maintenance of rights of way.
(1)
It shall be the duty of a local planning authority to assert, protect and keep open and free from obstruction or encroachment any public right of way which is wholly or partly within their area, and they may for these purposes institute and defend legal proceedings and generally take such steps as they may deem expedient.
(2)
(3)
Any person may with the consent of the local planning authority erect and maintain guide posts and direction notices on any public right of way other than a F4public road.
(4)
Section 42 of the M1 Local Government (Scotland) Act 1894 is hereby repealed
F5(5)
The references in subsections (1) to (3) above to planning authorities shall be construed as references to planning authorities which carry out district planning functions; and in this subsection “district planning functions” has the same meaning as in Part IX of the M2Local Government (Scotland) Act 1973.