Part X Highways
Conversion of highway into footpath or bridleway
201 Order extinguishing right to use vehicles on highway.
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 F1road in that area (being a F1road 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 F23 of the Roads (Scotland) Act 1984) being changed to a footpath or bridleway
2
3
An order made under subsection (2) of this section may include such provision as the F5competent authority (after consultation with the F6 planning authority and the F7roads authority, if different from the competent authority) thinks fit for permitting the use on the F7road 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 F8road 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 F8road 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 F9competent authority may, subject to section 206 of this Act and to subsection (9) of this section by order revoke an order made by F9them in relation to a F8road under subsection (2) of this section; and the effect of the order shall be to reinstate any right to use vehicles on the F8road, 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 F10regional, islands and district councils, and F11a 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 F12roads authority, without obtaining the consent of that authority.
F1310
An order under this section—
a
may make such provision as appears to the competent authority to be necessary or expedient for the F14construction or improvement of any other F14road (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 F14the 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 F16road
b
the provisions of section 203(1)(b) of this Act.
202 Provision of amenity for highway reserved to pedestrians.
1
Where in relation to a F17road 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 F17road, 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 F17road 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 F17road with lawns, trees, shrubs and flower-beds and to providing facilities for recreation or refreshment.
C1C2C3C43
A competent authority may so exercise their powers under this section as to restrict the access of the public to any part of the F17road, but shall not so exercise them as—
a
to prevent persons from entering the F17road 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 F17road; or
c
to prevent normal access by pedestrians to premises adjoining the F17road; or
d
to prevent any use of vehicles which is permitted by an order made under the said section 201 and applying to the F17road; or
e
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 F17road.
4
An order under section 201(8) of this Act may make provision requiring the removal of any obstruction of the F17road 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 F19regional, 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 F21exercising district planning functions and the F22roads authority (in a case where they are themselves not that authority).