Countryside (Scotland) Act 1967
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Change 1
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.
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.
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