Town and Country Planning (Scotland) Act 1997 (c. 8)

Part IX S Roads, Footpaths and Rights of Way

Powers of local authorities to extinguish certain rights S

206 Extinguishment of public rights of way over land held for planning purposes. S

(1) Where any land has been acquired or appropriated for planning purposes and is for the time being held by a local authority for the purposes for which it was acquired or appropriated—

(a) the Secretary of State may by order extinguish any public right of way over the land if he is satisfied that an alternative right of way has been or will be provided or that the provision of an alternative right of way is not required;

(b) subject to paragraph 5 of Schedule 16, the local authority may by order extinguish any such right over the land if they are so satisfied.

(2) In this section any reference to the acquisition or appropriation of land for planning purposes shall be construed in accordance with section 201 as if this section were in Part VIII.

Modifications etc. (not altering text)

C1 S. 206: power to modify conferred (27.5.1997) by 1980 c. 65, Sch. 30 Pt. II para. 8 (as replaced (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 31(12))