Countryside (Scotland) Act 1967

• Citation: 1967 c. 86
• Sections: 90

Section 6

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Section 10 Provision for public access to open country.

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Section 11 Rights of public where access agreement or order in force.

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Section 12 Commission to consult with local planning authorities and other bodies on access requirements.

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Section 13 Access agreements.

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Section 14 Access orders.

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

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Section 16 Effect of access agreement or order on rights and liabilities of persons interested in land.

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Section 17 Provisions for securing safe and sufficient access.

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Section 18 Power of local planning authority to enforce access.

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Section 19 Suspension of public access to avoid risk of fire.

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Section 20 Compensation for access orders.

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Section 21 Compensation to be assessed with regard to effect of first five years of access.

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Section 22 Claims for compensation and interest.

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Section 23 Payments on account in special circumstances.

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Section 24 Acquisition by local planning authorities of land for public access.

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Section 25 Acquisition by Secretary of State of land for public access.

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Section 26 Maps of land subject to public access.

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Section 27 Provisions as to danger areas.

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Section 28 Boundary notices.

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Section 29 Power of local planning authority to contribute to work carried out by other persons.

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Section 30 Creation of public paths by agreement.

(1) A general or district planning authority shall have power to enter into an agreement with any person having the necessary power in that behalf for the creation by that person of a public path over land in their area.

(2) An agreement made under the foregoing subsection (in this Act referred to as a “ public path creation agreement ”) shall be on such terms as to payment or otherwise as may be specified in the agreement, and may, if it is so agreed, provide for the creation of the public path subject to limitations or conditions affecting any public right of way thereover.

(3) In this Part of this Act “ public path ” means a way which is a footpath or bridleway or a combination of those.

Section 31 Compulsory powers for creation of public paths.

(1) Where it appears to a general or district planning authority that there is need for a public path over land in their area and they are satisfied that, having regard to—

(a) the extent to which the path would add to the convenience or enjoyment of a substantial section of the public, or to the convenience of persons resident in the area, and

(b) the effect which the creation of the path would have on the rights of persons interested in the land, account being taken of the provisions as to compensation contained in section 37 below,

it is expedient that the path should be created, the authority, if it appears to them impracticable to create the path by means of a public path creation agreement, may by order (in this Act referred to as a “ public path creation order ”) made by them and , subject to paragraph 2(1A) of Schedule 3 of this Act, submitted to and confirmed by the Secretary of State create a public path.

(2) A right of way created by a public path creation order may be either unconditional or subject to such limitations or conditions as may be specified in the order, and the Secretary of State may , in a case where his confirmation of the order is required, confirm it subject to such modifications or conditions as he thinks fit.

(3) A public path creation order shall be in such form as may be prescribed and shall contain a map, on such scale as may be prescribed, defining the land over which a public path is thereby created.

(4) The provisions in that behalf of Schedule 3 to this Act shall apply to the making, confirmation, validity and date of operation of public path creation orders.

Section 32 Exercise of powers under ss. 30 and 31.

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Where a proposed public path lies partly within and partly outside the area of a general or district planning authority, the powers conferred by the two last foregoing sections on the authority shall extend to the whole of the path as if it lay wholly within their area:

Provided that, in relation to so much of the path as lies outside the area of the authority, the said powers shall not be exercisable as respects any part thereof in the area of any other general or district planning authority, except with the consent of that authority.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 33 Making up and maintenance of public paths.

(1) On the creation of a public path in pursuance of a public path creation agreement, or on the coming into operation of a public path creation order or public path diversion order, the general or district planning authority shall carry out such work as appears to them to be necessary to bring it into a fit condition for use by the public as a public path in conformity with the terms and conditions of the said agreement or order, as the case may be, and shall maintain it in such condition.

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Section 34 Closure of public paths.

(1) Where it appears to a general or district planning authority as respects a public path in their area that it is expedient that the path should be closed on the ground that the path is not needed for public use, the authority may by order (in this Act referred to as a “ public path extinguishment order ”) made by them and , subject to paragraph 2(1A) of Schedule 3 to this Act, submitted to and confirmed by the Secretary of State extinguish the right of way over the path.

(2) The Secretary of State shall not confirm a public path extinguishment order unless he is satisfied that it is expedient so to do having regard to the extent to which it appears to him that the path would, apart from the order, be likely to be used by the public, and having regard to the effect which the extinguishment of the right of way would have as respects land served by the path, account being taken of the provisions as to compensation contained in section 37 below.

(3) A public path extinguishment order shall be in such form as may be prescribed and shall contain a map, on such scale as may be prescribed, defining the land over which the right of way is thereby extinguished.

(4) Schedule 3 to this Act shall have effect as to the making, confirmation, validity and date of operation of public path extinguishment orders.

(5) Where in accordance with regulations made under paragraph 3 of the said Schedule proceedings preliminary to the making or confirmation of a public path extinguishment order are taken concurrently with proceedings preliminary to the making or confirmation of a public path creation order or of a public path diversion order ... then, in considering—

(a) under subsection (1) above whether the path to which the public path extinguishment order relates is needed for public use, or

(b) under subsection (2) above to what extent that path would apart from the order be likely to be used by the public,

the local planning authority or the Secretary of State, as the case may be, may have regard to the extent to which the public path creation order or the public path diversion order would provide an alternative path.

(6) For the purposes of subsections (1) and (2) above, any temporary circumstances preventing or diminishing the use of a path by the public shall be disregarded.

Section 35 Diversion of public paths.

(1) Where an owner, tenant or occupier of land crossed by a public path satisfies the general or district planning authority in whose area the land is situated that for securing the efficient use of the land or of other land held therewith or providing a shorter or more convenient path across his land, it is expedient that the line of the path across his land, or part of that line, should be diverted (whether on to other land or his or on to land of another owner, tenant or occupier), the authority may by order (in this Act referred to as a “public path diversion order”) made by them and , subject to paragraph 2(1A) of Schedule 3 to this Act, submitted to and confirmed by the Secretary of State

(a) create, as from such date as may be specified in the order, any such new public path as appears to the authority requisite for effecting the diversion, and

(b) extinguish, as from such date as may be so specified in accordance with the provisions of the next following subsection, the right of way over so much of the path as appears to the authority requisite as aforesaid.

(2) Where it appears to the authority that work requires to be done to provide necessary facilities for the convenient use of any such new public path as is mentioned in subsection (1)(a) above, the date specified under subsection (1)(b) above shall be later than the date specified under subsection (1)(a) above by such time as appears to the authority requisite for enabling the work to be carried out.

(3) A right of way created by a public path diversion order may either be unconditional or may (whether or not the right of way extinguished by the order was subject to limitations or conditions of any description) be subject to such limitations or conditions as may be specified in the order, and the Secretary of State may , in a case where his confirmation of the order is required, confirm it subject to such modifications or conditions as he thinks fit.

(4) Before determining to make a public path diversion order on the representation of an owner, tenant or occupier, the authority may require him to enter into an agreement with them to defray, or to make such contribution as may be specified in the agreement towards

(a) any compensation which may become payable under section 37 below;

(b) any expenses which any general or district planning authority may incur in bringing the new site of the path into a fit conditions for use by the public.

(5) The Secretary of State shall not confirm a public path diversion order unless he is satisfied that the diversion to be effected thereby is expedient as mentioned in subsection (1) above, and further that the path will not be substantially less convenient to the public in consequence of the diversion and that it is expedient to confirm the order having regard to the effect which

(a) the diversion would have on public enjoyment of the path as a whole,

(b) the coming into operation of the order would have as respects other land served by the existing right of way, and

(c) any new right of way created by the order would have as respects the land over which the right is so created and any land held therewith,

so, however, that for the purposes of paragraphs (b) and (c) of this subsection the Secretary of State shall take into account the provisions as to compensation of section 37 below.

(6) A public path diversion order shall be in such form as may be prescribed and shall contain a map, on such scale as may be prescribed, showing the existing site of so much of the line of the path as is to be diverted by the order and the new site to which it is to be diverted, and indicating whether a new right of way is created by the order over the whole of the new site or whether some part thereof is already comprised in a public path and, in the latter case, defining the part thereof so comprised.

(7) Schedule 3 to this Act shall have effect as to the making, confirmation, validity and date of operation of public path diversion orders.

Section 36 Exercise of powers under sections 34 and 35.

(1) Subject to the provisions of this section, section 32 ... (2) above shall apply in the exercise of the powers conferred by the two last foregoing sections in relation to any public path as it applies in the exercise of the powers referred to in the said subsection .

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(4) An authority proposing to make a public path diversion order such that the authority who will be responsible for a part of the path after the diversion will be a different body from the authority who before the diversion are so responsible shall, before making the order, consult the authority who will be responsible for that part.

Section 37 Compensation for creation, diversion and closure of public paths.

(1) Subject to the following provisions of this section, if, on a claim made in accordance with this section, it is shown that the value of an interest of any person in land is depreciated, or that any person has suffered damage by being disturbed in his enjoyment of land, in consequence of the coming into operation of a public path creation order, a public path diversion order or a public path extinguishment order, the authority by whom the order was made shall pay to that person compensation equal to the amount of the depreciation or damage.

(2) A claim for compensation under this section shall be made within such time and in such manner as may be prescribed and shall be made to the authority by whom the order was made.

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(4) Nothing in this section shall confer on any person, in respect of a right of way created by a public path creation order or a public path diversion order, a right to compensation for depreciation of the value of an interest in land, or for disturbance in his enjoyment of land, not being in either case land over which the right of way was created or land held therewith, unless the creation of the right of way would have been actionable at his instance if it had been effected otherwise than in the exercise of statutory powers.

Section 38 Supplementary provisions as to creation, closure and diversion of public paths.

(1) Sections 34 to 36 above shall apply in relation to all public rights of way, whether created before or after the commencement of this Act.

(2) The provisions of sections 34 to 36 above shall not prejudice any power conferred by any other enactment to close or divert a road, and shall not otherwise affect the operation of any enactment relating to the extinguishment, suspension, diversion or variation of rights of way.

(3) A public path creation order, a public path extinguishment order or a public path diversion order affecting in any way the area of more than one general or district planning authority may contain provisions requiring one of the authorities to defray, or contribute towards, expenses incurred in consequence of the order by another of the authorities; and a public path diversion order diverting a part of the line of a path from a site in the area of one such local planning authority to a site in the area of another may provide that the first mentioned authority shall continue to be responsible for the maintenance of that part of the path after the diversion.

(4) Every public path creation agreement, public path creation order, public path extinguishment order and public path diversion 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 Conveyancing (Scotland) Act 1874.

(5) As soon as may be after any such agreement as is referred to in the last foregoing subsection is made, or after any such order is confirmed, the local planning authority shall cause it to be recorded in the Register of Sasines, and when so recorded, it shall be enforceable at the instance of the local planning authority against persons deriving title to the land from the person so entitled when the agreement or order was made:

Provided that any such agreement or order shall not be so enforceable against a third party who shall have in good faith and for value acquired right (whether title has been completed or not) to the land prior to the agreement or order being recorded as aforesaid, or against any person deriving title from such third party.

(6) The Secretary of State shall not make or confirm a public path creation order, a public path extinguishment order or a public path diversion order relating to a right of way over land under, in, upon, over, along or across which there is any apparatus belonging to or used by any statutory undertakers for the purpose of their undertaking unless the undertakers have consented to the making or confirmation of the order, as the case may be; and any such consent may be given subject to the condition that there are included in the order such provisions for the protection of the undertakers as they may reasonably require.

The consent of statutory undertakers to any such order shall not be reasonably withheld, and any question arising under this subsection whether the withholding of a consent is unreasonable or whether any requirement is reasonable shall be determined by the Scottish Ministers .

(7) Where in pursuance of a public path extinguishment order or a public path diversion order a public path is closed or diverted and, immediately before the date on which the order comes into force, there was under, in, upon, over, along or across the path any electronic communications apparatus kept installed for the purposes of an electronic communications code network , the operator of that network shall have the same powers in respect of the electronic communications apparatus as if the order had not come into force; but any person entitled to land over which the path subsisted shall be entitled to require the alteration of the apparatus .

(8) Paragraph 1(2) of the electronic communications code (alteration of apparatus to include moving, removal or replacement of apparatus) shall apply for the purposes of the preceding provisions of this section as it applies for the purposes of that code.

(9) Paragraph 21 of the electronic communications code (restriction on removal of apparatus) shall apply in relation to any entitlement conferred by this section to require the alteration, moving or replacement of any electronic communications apparatus as it applies in relation to an entitlement to require the removal of any such apparatus.

Section 39 General provisions as to long-distance routes.

(1) Where it appears to Scottish Natural Heritage that the public should be enabled to make extensive journeys on foot, on pedal cycles or on horseback along a particular route, being a route which for the whole or the greater part of its length does not pass along roads mainly used by vehicles, Scottish Natural Heritage may prepare and submit to the Secretary of State a report under this section.

(2) A report under this section shall contain a map showing the route, defining those parts thereof over which there exists a public right of way, and indicating in each case the nature of that right; and the report shall set out such proposals as Scottish Natural Heritage may think fit for the provision, maintenance and enjoyment of the route, and without prejudice to that generality—

(a) for the maintenance or improvement of any public path or road along which the route passes;

(b) for the provision and maintenance of such new public paths as may be required for enabling the public to journey along the route;

(c) for the provision and operation of ferries where they are needed for completing the route; and

(d) for the provision of accommodation, toilet facilities, meals and refreshments along the route.

(3) A report under this section may also include such recommendations as Scottish Natural Heritage may think fit for the restriction of traffic on existing roads along which the route passes.

(4) Before submitting a report under this section Scottish Natural Heritage shall consult with every local planning authority through whose area the route passes; and it shall be the duty of every such authority to furnish to Scottish Natural Heritage such information as Scottish Natural Heritage may reasonably require for the purposes of the report.

(5) A report under this section shall contain an estimate, in such form as the Secretary of State may require, of the capital outlay and annual expenditure likely to be incurred by any authority in carrying out any such proposals contained therein as are mentioned in subsection (2) above; the report shall also contain any representations made by any authority consulted under subsection (4) above.

Section 40 Approval of proposals relating to a long-distance route.

(1) On the submission to the Secretary of State of a report under the last foregoing section, he shall consider any proposals contained in the report under subsection (2) of that section, any recommendations made under subsection (3) thereof and any representations referred to in subsection (5) thereof, and may either approve the proposals, with or without modifications or subject to such conditions as he thinks fit, or reject the proposals:

Provided that where the Secretary of State does not propose to approve the proposals as set out in the report he shall, before coming to a determination as to what action to take under this subsection, consult with Scottish Natural Heritage and such other authorities and persons as he may think fit.

(2) As soon as may be after the Secretary of State determines under the last foregoing subsection either to approve any proposals, with or without modifications or conditions, or to reject them, he shall notify his determination to Scottish Natural Heritage and to every local planning authority whose area is traversed by the route to which the report relates.

(3) Proposals approved by the Secretary of State under subsection (1) above, either as originally set out in the report or as modified by the Secretary of State, are hereinafter referred to as “ approved proposals relating to a long-distance route ”, and such proposals shall be implemented by the local planning and other authorities concerned as soon as may be after their approval as aforesaid.

Section 41 Ferries for purposes of long-distance routes.

(1) Where approved proposals relating to a long-distance route include proposals for the provision and operation of a ferry, the authority who are responsible for the maintenance of the roads or public paths to be connected by the ferry or, where there is more than one such authority, those authorities acting jointly or any such authority as may mutually be agreed—

(a) shall have power to provide and operate the ferry and to carry out such work and do all such things as appear to them expedient for the purpose of operating the ferry;

(b) may . . . agree with any person or body of persons for the provision and operation of the ferry by him or them and for the making by the authority of such contributions as may be specified in the agreement:

Provided that nothing in this subsection shall—

(i) be construed as conferring on such an authority any exclusive right to operate a ferry;

(ii) authorise the doing of anything which apart from this subsection would be actionable by any person by virtue of his having an exclusive right to operate a ferry, unless he consents to the doing thereof;

(iii) authorise the doing of anything in relation to land in which any other person has an interest, if apart from this subsection the doing thereof would be actionable at his instance by virtue of that interest and he does not consent to the doing thereof;

and before carrying out any work in the exercise of powers conferred by this subsection, being work on the bank or bed of any waterway, the authority shall consult with every authority which under any enactment has functions relating to the waterway.

(2) An authority may acquire land compulsorily for the purpose of any of their functions under paragraph (a) of the foregoing subsection.

Section 42 Variation of approved proposals.

(1) Where proposals relating to a long-distance route have been approved by the Secretary of State under section 40 above, Scottish Natural Heritage may from time to time prepare and submit to the Secretary of State a report proposing any such variation of the approved proposals as Scottish Natural Heritage may think fit.

(2) Where, as respects any proposals approved as aforesaid, it appears to the Secretary of State, after consultation with Scottish Natural Heritage , expedient that the proposals should be varied in any respect and Scottish Natural Heritage have not submitted to the Secretary of State a report proposing that variation, the Secretary of State may direct that the proposals shall be so varied.

(3) Where an authority have found it impracticable to implement any part of any proposals approved as aforesaid, they shall so inform Scottish Natural Heritage and shall submit to Scottish Natural Heritage a report proposing such variations of the approved proposals as they may think fit.

(4) Section 39(4) and 40 above shall with the necessary modifications apply to a report or direction under this section; and section 39(5) above shall with the necessary modifications apply to any such report.

(5) Where the Secretary of State approves, with or without modifications, any proposals contained in a report under subsection (1) above, or gives a direction under subsection (2) above, the proposals for the variation of which the report was made or direction given shall thereafter have effect subject to the provisions of the report or direction; and references in this Act to approved proposals relating to a long-distance route shall be construed accordingly.

Section 43 Ploughing of public rights of way.

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Section 44 Pasturing of bulls.

(1) No person shall, being the occupier of any field or enclosure through which there is a public right of way, permit any bull to be at large in such field or enclosure:

Provided that this section shall not apply to any bull which—

(a) does not exceed the age of 10 months; or

(b) is not of a recognised dairy breed and is at large in any field or enclosure in which cows or heifers are also at large.

(2) A person who fails to comply with the foregoing subsection shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale .

Section 45 Power to authorise erection of stiles, etc. , on public rights of way.

(1) Where the owner, tenant or occupier of land which is used or being brought into use for agriculture or forestry represents to the authority responsible under section 46(1) below for the protection of a public right of way which crosses the land that, for securing that the use, or any particular use, of the land for agriculture or forestry shall be efficiently carried on, it is expedient that stiles, gates or other works for preventing the ingress or egress of animals should be erected on the way, the authority may, subject to such conditions as they may impose for maintenance and for enabling the right of way to be exercised without undue inconvenience to the public, authorise the erection of the stiles, gates or other works.

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(3) Where an authorisation is granted by an authority under subsection (1) above . . . , the right of way shall be deemed to be subject to a condition that the stiles, gates or works may be erected and maintained in accordance with the authorisation and so long as the conditions attached thereto are complied with.

(4) Nothing in the provisions of this section shall prejudice any limitation or condition having effect apart from those provisions.

Section 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) A local planning authority may repair and maintain any public right of way (not being a public road or a footway ) within their area, but this power shall not relieve any other authority or person from any liability with respect to such repair or maintenance.

(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 public road.

(4) Section 42 of the Local Government (Scotland) Act 1894 is hereby repealed

(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 Local Government (Scotland) Act 1973.

Section 47 Interpretation of Part III.

In this Part of this Act, unless the context otherwise requires—

“ bridleway ” means a way over which the public have the following, but no other, rights of way, that is to say, a right of way on foot and a right of way on horseback or leading a horse, with or without a right to drive animals of any description along that way;

“ footpath ” means a way over which the public have the following, but no other, rights of way, that is to say, a right of way on foot with or without a right of way on pedal cycles;

“ horse ” includes pony, ass and mule, and “ horseback ” shall be construed accordingly;

“ public path ” has the meaning assigned to it in section 30 of this Act ;and

“ public road ” has the same meaning as in the Roads (Scotland) Act 1984.

and references to a right of way do not include references to access rights within the meaning of section 1 of the Land Reform (Scotland) Act 2003 (asp 2)

Section 48 Country Parks.

(1) A country park is a park or pleasure ground in the countryside which by reason of its position in relation to major concentrations of population affords convenient opportunities to the public for enjoyment of the countryside or open-air recreation.

(2) Each local planning authority shall assess the need for a country park whether within or outwith their area or partly within and partly outwith their area and shall from time to time review that need; for the purposes of this subsection each local planning authority, or where a joint advisory committee has been established under subsection (8) below, that committee, shall from time to time consult with Scottish Natural Heritage and with such other local planning authorities as appear to them to be concerned.

(3) In assessing and reviewing the need for a country park under subsection (2) above, the local planning authority shall have regard to the existing availability and adequacy of such opportunities as are described in subsection (1) above.

(4) Any local planning authority may, whether within or outwith their area or partly within and partly outwith their area, provide, lay out, improve, maintain and manage a country park including any buildings, equipment, facilities, services or works ancillary thereto or which appear to them to be requisite for the enjoyment or convenience of the public, and the authority shall have power to make such charges as they think fit in connection with the use of the park by the public.

(5) Any two or more local planning authorities may combine together for the purpose of exercising the powers conferred by subsection (4) above and the expenditure incurred in the exercise of those powers shall be shared between the authorities on terms agreed by them having regard to the prospective use of the country park by the inhabitants of the areas of the respective authorities concerned or failing such agreement on terms determined by the Secretary of State having regard to the aforesaid consideration.

(6) Any local planning authority or authorities shall have power to act as agent for any other local planning authority or authorities in the exercise of their powers under subsection (4) above and may receive from the authority or authorities on whose behalf they act contributions towards the expenditure incurred in the exercise of those powers on terms agreed or determined as mentioned in subsection (5) above.

(7) The powers conferred by subsection (4) above may be exercised by a local planning authority either on land belonging to them, or, with the consent of all persons having an interest therein, on other land and they shall include power to make arrangements by agreement for the exercise of any of those powers on behalf of the authority by some other person on such terms as may be specified in the agreement.

(8) Any two or more local planning authorities may, . . . concur in establishing a joint advisory committee for the purpose of making recommendations to those authorities as to the need mentioned in subsection (2) above, as to the provision of the country parks by those authorities, and for the purpose of consulting with Scottish Natural Heritage as to those matters; and any such committee shall be constituted in such manner as may be determined by the authorities by whom it is established:

Provided that a majority of the members of any such committee shall be members of those authorities.

(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10) For the purpose of any of their functions under this section a local planning authority may acquire land compulsorily,

Section 48A Regional parks.

(1) A regional park is an extensive area of land, part of which is devoted to the recreational needs of the public.

(2) Local authorities shall have power—

(a) by order to designate lands within their area as regional parks, and

(b) to manage as a single administrative unit any parts of any such park which are under the control of the authority ,

and where it is appropriate that lands extending into the area of more than one local authority should be designated as a regional park the authorities concerned may jointly exercise the powers conferred by this subsection.

(3) Subject to subsection (4)( c ) below, an order under subsection (2)( a ) above shall not take effect until it is confirmed by the Secretary of State, who may confirm such order either without modification or subject to such modifications as he considers expedient.

(4) The Secretary of State shall by regulations made by statutory instrument prescribe the procedure for making orders under subsection (2)( a ) above and the form of such orders; and (without prejudice to the generality of this subsection) the regulations shall make provision as follows:—

(a) that before an order under subsection (2)( a ) above is submitted to the Secretary of State for confirmation, notice of the terms of the order shall be given to the owners, lessees and occupiers of land within the area designated in the order, and to such other persons, if any, as may be specified in the regulations;

(b) the objections and representations with respect to the order, if duly made in accordance with the regulations, shall be considered by the Secretary of State before he confirms the order;

(c) that if no objections or representations are made in respect of any order, or if any objections or representations made are withdrawn, the order shall not be submitted to the Secratary of State for confirmation, but shall be confirmed without modification as an unopposed order by the local authority or authorities who made it; and

(d) that copies of confirmed orders shall be served on such persons as may be specified in the regulations.

(5) Any statutory instrument made in terms of subsection (4) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(6) Where a planning application is made in relation to lands which fall within an area designated as a regional park, the planning authority shall have regard to the fact that the area has been so designated in considering the application.

Section 49 Camping and caravan sites.

(1) A local authority shall have power to provide camping sites for holiday or recreational purposes whether for the benefit of the inhabitants of their own area or otherwise, and to manage the sites or lease them to some other person.

(2) A local authority shall have power to do anything appearing to them desirable in connection with the provision of such sites, and in particular—

(a) to acquire land which is in use as a camping site or which has been laid out as a camping site, or

(b) to provide for the use of those occupying camping sites any services or facilities for their health or convenience.

(3) A local authority may make in respect of the use of sites managed by them, and of any services or facilities provided or made available under this section, such reasonable charges as they may determine.

(4) A local authority shall, in the performance of their functions under this section, have power to acquire land compulsorily where it appears to them that a camping site or an additional camping site is needed in their area, or that land which is in use as a camping site should in the interests of the general public be taken over by the local authority.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 49A

(1) Scottish Natural Heritage may enter into an agreement with any person having an interest in land to do, or to secure the doing of, whatever in the opinion of the parties to the agreement may be necessary to secure the conservation and enhancement or to foster the understanding and enjoyment of the natural heritage of Scotland.

(2) A planning authority may enter into an agreement with any person having an interest in land to do or to secure the doing of whatever in the opinion of the parties to the agreement may be necessary to preserve or enhance the natural beauty of the countryside or to promote the enjoyment of the countryside by the public.

(3) An agreement under subsection (1) or (2) above shall be known as a “ management agreement ”

(4) A planning authority or Scottish Natural Heritage may make such payments in respect of such agreements as are specified in the agreement.

(5) Any liferenter in possession of any land shall have power to enter into management agreements relating to the land or any part thereof.

(6) The Trusts (Scotland) Act 1921 shall have effect as if among the powers conferred on trustees by section 4 thereof (which relates to the general power of trustees) there were included a power to enter into management agreements relating to the trusts estate or any part thereof.

(7) Subsections (8) to (10) of section 13 of this Act shall apply to management agreements as they apply to access agreements.

(8) Where any person having such an interest in any land as enables him to bind the land enters into any such agreement as aforesaid, the agreement may be registered either—

(a) in a case where the land affected by the agreement is registered in that Register, in the Land Register of Scotland, or

(b) in any other case, in the appropriate Division of the General Register of Sasines.

(9) Any agreement registered in terms of subsection (8) above shall be enforceable at the instance of the planning authority or of Scottish Natural Heritage , as the case may be, against persons deriving title to the land from the person who entered into the agreement; provided that any such agreement shall not be enforceable against a third party who shall have in good faith and for value acquired right (whether title has been completed or not) to the land prior to the agreement being registered as aforesaid, of against any person deriving title from such third party.

(10) Notwithstanding the terms of any management agreement, it shall be open at any time to the parties, as the case may be, to agree to terminate it; and where any management agreement has been registered in terms of subsection (8) above, the subsection agreement to terminate it shall be registered in the like manner.

Section 50 Provision of accommodation, meals and refreshments.

(1) A local authority may make arrangements for securing the provision in the countryside in their area (whether by the authority or by other persons) of accommodation, meals and refreshments and may for the purposes of such arrangements erect such buildings and carry out such work as may appear to them to be expedient:

Provided that a local authority shall not under this subsection provide accommodation, meals or refreshments except in so far as it appears to them that the facilities therefor are inadequate or unsatisfactory, either generally or as respects any description of accommodation, meals or refreshments, as the case may be.

(2) A local authority may acquire land compulsorily for the purposes of any of their functions under the foregoing subsection.

(3) In this section “ local authority ” includes a planning authority .

Section 51 Parking Places.

(1) The powers to provide parking places conferred on local roads authorities in Scotland by section 32 of the Road Traffic Regulation Act 1984 shall include a power to provide parking places where it appears to the authority desirable to do so to facilitate the enjoyment of the countryside by members of the public.

(2) General and district planning authorities may exercise the power conferred by the foregoing subsection and for that purpose may acquire land compulsorily; and sections 32, 33, 35, 41, 101 and 102 of the Road Traffic Regulation Act 1984 shall apply for the purposes of this subsection as if for any reference therein to a local authority there were substituted a reference to a general or district planning authority.

Section 52 Amendment of Local Government (Development and Finance) (Scotland) Act 1964.

(1) Section 2(1) of the Local Government (Development and Finance) (Scotland) Act 1964 (which relates to the power of local authorities to carry out work on land) shall be amended by adding after paragraph (b) the words

or

(c) enabling members of the public to enjoy the countryside or engage in open-air recreation there.

(2A) For the purposes of section 2(1)( a ) and ( c ) and (2) of the said Act of 1964, general and district planning authorities may acquire land compulsorily.

(2B) For the purposes of section 2(1)( b ) of the said Act of 1964, planning authorities may acquire land compulsorily.

(3) The reference in section 3(2) of the said Act of 1964 (supplementary powers) to the powers conferred by section 2 of that Act shall include a reference to any powers conferred by this Act to carry out work, or provide services or facilities.

Section 53 Contributions by or to local authorities.

(1) A local authority may defray or contribute towards, or undertake to defray or contribute towards, expenditure incurred or to be incurred for the purposes of this Act by any other local authority, or by any other public body or person, and may receive from such a body or person contributions in respect of any expenditure so incurred or to be incurred.

In this subsection “ expenditure for the purposes of this Act ”, in relation to a local authority, includes expenditure in respect of which grant may be paid by virtue of section 67 of this Act.

(2) In this section “ local authority ” includes a local planning authority.

Section 54 Byelaws.

(1) A local authority may, as respects land in their area belonging to them and situated in the countryside, and a general or district planning authority may, as respects—

(a) a public path created—

(i) in accordance with a public path creation agreement to which they are party;

(ii) by a public path creation order made by them and confirmed where necessary by the Secretary of State; or

(iii) by a public path diversion order made by them and confirmed where necessary by the Secretaty of State;

(b) a long-distance route which passes through their area;

(c) a public right of way in relation to which a duty is imposed on them by section 46(1) of this Act;

(d) a country park provided by them under section 48 of this Act; . . .

(e) land or a waterway—

(i) in relation to which an agreement or order has been made by them for the purpose of giving access to the public;

or

(ii) to which the public are given access in consequence of acquisition by the authority ; or

(f) a picnic site managed by them by virtue of section 4 of the Roads (Scotland) Act 1984,

make byelaws for the preservation of order, for the prevention of damage to the land, path, route, right of way, park , waterway or picnic site or anything thereon, therein, or adjacent thereto, and for securing that persons resorting thereto will so behave themselves as to avoid undue interference with the enjoyment of the land, path, route, right of way, park , waterway or picnic site by other persons.

(1A) In subsection (1) above—

“ long-distance ” means a route in relation to which there are approved proposals under section 40 of this Act (or approved proposals having effect subject to the provisions of a report or direction under section 42 of this Act) and includes any road forming part of the route and any ferry, proposals for the provision and operation of which are included in the approved proposals; and

“ public path ” has the meaning assigned to it in section 30 of this Act.

(2) Without prejudice to the generality of the foregoing subsection, byelaws under that subsection may prohibit, restrict or regulate—

(a) the use of the land, path, route, right of way, park , waterway or picnic site , either generally or in any manner specified in the byelaws, by traffic of any description, or for any recreational purpose, so specified;

(b) the use of the waterway by boats which are not for the time being registered with the authority in such manner as the byelaws may provide, and may authorise the authority to make reasonable charges in respect of the registration of boats in pursuance of the byelaws;

(c) the depositing of rubbish and the leaving of litter;

(d) the lighting of fires;

and may be made so as to relate either to the whole or to any part of the land, path, route, right of way park , waterway of picnic site , and may make different provisions for different parts thereof.

(3) Before making byelaws under the foregoing provisions of this section a local authority may . . . consult with

(a) Scottish Natural Heritage and

(b) where a byelaw is to apply in any part of a National Park, the National Park authority.

(4) Scottish Natural Heritage may in relation to land—

(a) owned or managed by it; or

(b) to which an access agreement or order made by it applies,

make byelaws with respect to any of the matters mentioned in the foregoing provisions of this section.

(5) In this section “ local authority ” includes a planning authority .

(5A) Byelaws made under this section in relation to long-distance routes shall not come into operation in relation to any part of the route until—

(a) the Secretary of State’s approval of the route under section 40 of this Act has been notified to the local authority or planning authority as the case may be; and

(b) access over that part of the route is available to the public.

(6) Byelaws made under this ... shall not interfere with the exercise of any public right of way or navigation or of any functions of statutory undertakers or any port authority or with the running of an electronic communications code network or the exersise of any right conferred by or in accordance with the electronic communications code on the operator of any such network .

Section 55 Default powers of Secretary of State as to byelaws.

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Section 56A Control of noise in quiet areas.

(1) For the purpose of preventing disturbance by the engine noise of vehicles and aircraft to the enjoyment by the public of quiet areas of the countryside, local authorities shall, subject to the following provisions of this section, have power by byelaws to control—

(a) the use on land of waterways of vehicles (including hovercraft and boats); and

(b) the landing and taking off of aircraft.

(2) Byelaws made under subsection (1) above shall not apply to the use of such vehicles of aircraft by—

(a) emergency services;

(b) statutory undertakers; or

(c) owners, occupiers or tenants of the land, or owners of an interest in the land, on which the disturbance occurs, provided that the use involved is for the exercise of sporting rights.

(3) Subsection (1) above shall not apply to the Crown.

(4) In this section—

(a) “ aircraft ” includes model aircraft.

(b) “ vehicles ” includes model vehicles.