(1) Sections 202 to 204 of the Local Government (Scotland) Act 1973 (which relate to the procedure for making byelaws, penalties and the proof of byelaws in legal proceedings) shall apply to byelaws made by Scottish Natural Heritage or a local planning authority or an Electricity Board under section 54, . . . or section 64 of this Act as if Scottish Natural Heritage or authority or Board were a local authority within the meaning of the said Act of 1973.
(2) In relation to byelaws made under the said section 54 . . . or the said section 64 the confirming authority for the purposes of section 202 of the said Act of 1973 shall be the Secretary of State.
60 Extension of powers of Secretary of State as respects certain land held by him.
(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) The Secretary of State may make byelaws for regulating the reasonable use by the public of land to which this section applies and facilities made available thereunder, and in relation to any such matter as is described in section 54(2) above.
(3) Before making any byelaws under this section the Secretary of State shall cause the proposed byelaws to be made known in the locality to which they relate, shall give an opportunity for objections being made to the proposed byelaws, shall receive and consider all objections made and may if he considers it necessary or desirable cause a local inquiry to be held.
(4) When such byelaws are made the Secretary of State shall cause them to be published in such manner as appears to him to be necessary to make them known to persons in the locality to which they relate, and shall on application furnish to any person a copy of the byelaws on payment of such reasonable sum as he may determine.
(5) A byelaw made under this section shall be deemed to be a regulation within the meaning of the Documentary Evidence Act 1868 and may be proved accordingly.
(6) If anyone fails to comply with, or acts in contravention of, any byelaw made under this section he shall be guilty of an offence and be liable on summary conviction to a fine not exceeding level 2 on the standard scale.
(7) This section applies to land held by the Secretary of State under or for the purposes of any of the following enactments—
(a) the Congested Districts (Scotland) Act 1897;
(b) the Sailors and Soldiers (Gifts for Land Settlement) Act 1916;
(c) the Small Holding Colonies Acts 1916 and 1918;
(d) the Land Settlement (Scotland) Act 1919;
(e)(f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(g) the Agriculture (Scotland) Act 1948;
(h) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . .
(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
61 Improvement of waterways for purposes of open-air recreation.
(1) Subject to the provisions of the next following section, a local planning authority may, as respects any waterway in their area, carry out such work and do such other things as may appear to them expedient for facilitating the use of the waterway by the public for sailing, boating, bathing, fishing or other water sport or recreation, but in doing so shall take into consideration the disturbance of any fishing rights over the waterway which may be caused thereby.
(2) A local planning authority may, as respects any waterway in their area, enter into an agreement, on such terms as to payment or otherwise as may be specified in the agreement, with any public body on whom powers are conferred in relation to the waterway by or under any enactment, for the exercise by that body of any power conferred on the local planning authority by the last foregoing subsection.
(3) Where an agreement is made under the last foregoing subsection for the exercise of any power by any such body as is therein mentioned, no limitation imposed by law on the capacity of that body by virtue of the constitution thereof shall operate so as to prevent the body from exercising that power.
(4) Where it appears to the Secretary of State, as respects a waterway in the area of a local planning authority, that any power conferred on the authority by subsection (1) above should be exercised by any such body as is mentioned in subsection (2) above, and the local planning authority have not entered into an agreement with the said body under the said subsection (2), the Secretary of State may direct that the said power shall be exercisable by the said body:
Provided that no direction shall be given under this subsection except after consultation with the local planning authority and the said body.
(5) Subject to the following provisions of this section, no body shall exercise any power conferred by this section without the consent of Scottish Water so far as it has functions relating to the waterway in question; and before exercising any such power the body shall consult with every other body which under any enactment has functions relating to that waterway.
(6) Where Scottish Water referred to in the last foregoing subsection has refused its consent to a proposed exercise of powers under this section, the body proposing to exercise the power may apply to the Secretary of State who, if he is satisfied that the consent of Scottish Water was unreasonably withheld, may authorise the proposed exercise of powers subject to such conditions or modifications as he may think fit.
(7) Where any body consulted under subsection (5) above objects to a proposed exercise of powers under this section, and the objection is not withdrawn, the proposal shall not be proceeded with unless the body proposing to exercise the power applies to the Secretary of State who, if he is satisfied that it is expedient so to do, may authorise the proposed exercise of powers subject to such conditions or modifications as he may think fit, and if not so satisfied may refuse to authorise the proposed exercise of powers.
(8) Before deciding whether to authorise any proposal on an application to him under either of the last two foregoing subsections, the Secretary of State shall consult with Scottish Natural Heritage and shall afford to the body proposing to exercise the power and , where it has refused its consent, to Scottish Water and to every other body which has objected to the proposed exercise of powers an opportunity of being heard by a person appointed by him for the purpose, and shall consider that person’s report.
(9) Any local planning authority may acquire land compulsorily for the purpose of enabling any power conferred by this section to be exercised.
(1) The provisions of the last foregoing section shall not authorise a body to do anything in relation to land in which any other person has an interest, if apart from that section the doing thereof would be actionable at his instance by virtue of that interest and he does not consent to the doing thereof:
Provided that this subsection shall not apply in the case of land to or over which the public have access by virtue of an access order, but the exercise of any power under the last foregoing section as respects such land shall be subject to the provisions of Part II of this Act and of this section relating to such orders.
(2) Any body proposing, in the exercise of the powers conferred by the last foregoing section, to carry out any work on land comprised in an access order, whether the work is specified in the order or not, shall give to the owner and occupier of the land not less than twenty-eight days’ notice of their intention so to do, specifying the work to be carried out.
(3) Where the work specified in a notice given under the foregoing subsection has not been specified in an access order as mentioned in section 14(8) above, then if before the expiration of the said notice the owner or occupier of the land serves notice of objection on the body they shall not carry out the work except in accordance with the provisions of the next following subsections.
(4) A body on whom notice of objection has been served under the last foregoing subsection shall afford to the objector an opportunity of being heard by a person appointed by them for the purpose and shall then determine either—
(a) not to carry out the work to which the objection relates, or
(b) to carry out the work, either as originally proposed or with such modifications as the body may determine,
and shall serve notice of their determination on the objector; and where the body determine as mentioned in paragraph (b) above, they may proceed with the work in accordance with the determination at any time after the expiration of fourteen days from the date on which notice of the determination is served on the objector:
Provided that if the objector serves notice of appeal under the next following subsection the body shall not proceed with the work except in accordance with the provisions of that subsection.
(5) Any person aggrieved by a determination of any body under the last foregoing subsection may within the period of fourteen days therein mentioned serve notice of appeal against the determination on the Secretary of State and on that body; and where notice of appeal is served under this subsection the Secretary of State, after affording to the appellant and to the body an opportunity of being heard by a person appointed by him for the purpose, and after considering that person’s report, shall either direct that the body may carry out the work (whether as specified in the notice given under subsection (2) above or subject to such modifications or conditions as the Secretary of State may think fit) or shall direct the body not to carry out the work.
(6) Any power conferred by subsection (4)(b) above or by the last foregoing subsection to modify the work specified in a notice given under subsection (2) above shall not be exercised so as to affect land not affected by the notice.
(7) Where the value of the interest of any person in land is depreciated, or any person has suffered damage by being disturbed in his enjoyment of land, in consequence of any work done under the powers conferred by the last foregoing section, on land comprised in an access order, the body who carried out the work shall pay to that person compensation equal to the amount of the depreciation or damage:
Provided that nothing in this subsection shall confer on a person a right to compensation for depreciation of the value of an interest in land, or for disturbance in his enjoyment of land, of which account has already been taken or will be taken in fixing compensation under section 20 above:
Provided also that nothing in this subsection shall confer on a person a right to such compensation in respect of land or the enjoyment thereof, not being in either case land on which the work was carried out or land held therewith, unless the carrying out of the work would have been actionable at his instance if it had been carried out otherwise than in the exercise of statutory powers.
(8) A claim for compensation under the last foregoing subsection shall be made within such time and in such manner as may be prescribed and shall be made to the body by whom the work was carried out.
(9) In this section “work” includes such other things as are referred to in section 61(1) above.
63 Provision of recreational facilities by local water authorities.
(1) Subject to subsection (5) of this section Scottish Water may, if it appears to it reasonable to do so—
(a) permit the use by members of the public, for the purposes of any form of recreation, of any waterway or land in which Scottish Water has an interest;
(b) provide, or otherwise make available, facilities for use by person resorting to any such waterway or land for the purposes of any such form of recreation.
(2) The powers of Scottish Water under subsection (1) above shall, in the case of a waterway or land in which Scottish Water has an interest but which it does not own, be exercisable only with the consent of the owners thereof:
Provided that where those powers are to be exercised in relation to a particular part of a waterway the consent of the owners of that part only need be obtained if Scottish Water is satisfied that the exercise of those powers will not prejudice the rights or interests of other owners.
(3) The provisions of this section shall not authorise any authority, body or person to do or permit anything in relation to a waterway or land in which any other person has an interest if apart from this section the doing or permitting thereof would be actionable at his instance by virtue of that interest and he does not consent to the doing or permitting thereof.
(4) Scottish Water may make such reasonable charges as it may determine in respect of the use for the purposes of recreation of any such waterway or land as is described in subsection (1) above, and of any facilities made available by Scottish Water under that subsection.
(5) Scottish Water may let to any person, for such consideration and on such terms and conditions as it thinks fit, any works constructed by it for the purpose of providing facilities under subsection (1) above, and may authorise that person to make such reasonable charges as it may determine in respect of the use thereof as mentioned in that subsection.
(6) Scottish Water may receive contributions from any authority, body or person in respect of the cost of the provision of the facilities mentioned in subsection (1) above, and those facilities may be provided by Scottish Water jointly with any other authority, body or person.
(7) Scottish Water may make byelaws prohibiting such a waterway or land as is described in subsection (1) above and as may be specified in the byelaws from being used for boating (whether with mechanically propelled boats or otherwise), swimming or other recreational purposes, or regulating the way in which any such waterway or land so specified may be used for any of those purposes, and when making byelaws under this subsection Scottish Water shall have regard to the need to protect water from pollution and to the need to avoid conflict which might arise from the use of the water or land for various recreational purposes.
(8) Byelaws made in respect of any waterway by virtue of subsection (7) above may include provision prohibiting the use thereof by boats which are not for the time being registered with Scottish Water in such manner as the byelaws may provide; and the byelaws may authorise Scottish Water to make reasonable charges in respect of the registration of boats in pursuance of the byelaws.
(9) Scottish Water may take such action as it considers necessary to remedy the effect of any contravention of, or failure to comply with, byelaws made under subsection (7) above, and may recover the expenses reasonably incurred by it in doing so from the person in default.
(10) Sections 71(6) and 72 of the Water (Scotland) Act 1980 shall have effect in relation to byelaws made under subsection (7) above as they have effect in relation to byelaws made under the said section 71.
(11) For the purposes of this section Scottish Water shall be deemed to have an interest in a waterway or land if it has power to make byelaws under the said Act of 1980 in relation to the waterway or land, . . ..
(1) An authority to which this section applies may appoint such number of persons as may appear to the authority to be expedient to act as rangers as respects any land or waterway in relation to which byelaws made by the authority are in force under or by virtue of this Act, or in relation to which the authority have power to make such byelaws.
(2) The purposes for which rangers may be appointed by an authority under this section as respects any land or waterway are—
(a) to advise and assist the public as to any matter relating to the use of the land or waterway;
(b) to secure compliance with any such byelaws as are described in the foregoing subsection; and
(c) to perform such other duties in relation to the land or waterway as the authority may determine.
(3) For the purpose of exercising any function conferred on him by or under this section a ranger appointed thereunder may enter upon any land, or go on any waterway,
(a) comprised in an access agreement or order in force under Part II of this Act; or
(b) in relation to which byelaws made under section 56A of this Act are in force; or
(c) as respects which he is otherwise appointed to act as a ranger.
(4) Any two or more authorities to which this section applies may agree to share the expenses of appointing rangers under subsection (1) above as respects any land or waterway on such terms as may be specified in the agreement.
(5) This section applies to the following authorities—
(a) the Secretary of State;
(b) Scottish Natural Heritage;
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d) general and district planning authorities;
(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(f) water authorities . . .;
(g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(h)(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) In this section “land” includes a long-distance route as defined in section 54(1A) of this Act.
In the excersise of their functions relating to land under any enactment every Minister, government department and public body shall have regard to the desirability of conserving the natural heritage of Scotland within the meaning of the Natural Heritage (Scotland) Act 1991.
69 Acquisition, appropriation, disposal, etc. of land.
(1) The Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 shall apply in relation to the compulsory acquisition of land under this Act as if this Act had been in force immediately before the commencement of that Act, and in relation to such acquisition of land—
(a) by the Secretary of State, as if section 1(1)(b) of that Act included a reference to the Secretary of State, and
(b) by Scottish Natural Heritage or by a local planning authority, as if it or they were a local authority within the meaning of that Act.
(2) No land may be compulsorily acquired under this Act unless the acquisition is authorised by the Secretary of State.
(3) For the purposes of this Act a general or district planning authority shall have the powers conferred on a local authority by sections 70, 71, 73 and 74 and section 85 of the Local Government (Scotland) Act 1973 (acquisition, appropriation and disposal of land and gifts of land) and Sections 70(3) and 211 of that Act (application of Lands Clauses Acts etc. and enforcement of duty) shall apply to a general or district planning authority as they apply to a local authority.
70 Supplementary provisions as to compensation under ss. 20, 37 and 62.
(1) The following provisions shall have effect in respect of compensation under sections 20, 37 and 62 of this Act.
(2) Any dispute arising on a claim for any such compensation shall be determined by the Lands Tribunal for Scotland, but until sections 1 to 3 of the Lands Tribunal Act 1949 come into force as regards Scotland, any such dispute shall be determined by an official arbiter appointed under Part I of the Land Compensation (Scotland) Act 1963.
(3) Subject to the provisions of this section the said Act of 1963, so far as appropriate, shall apply in relation to any question of disputed compensation referred to in subsection (1) above as it applies to any such question referred to in section 2(1) of that Act, with the substitution for references to the acquiring authority of references to the body from whom the compensation in question is claimed.
(4) Rules 2 to 4 of the rules contained in section 12 of the said Act of 1963 (rules for assessing compensation) shall apply to the calculation of any compensation referred to in subsection (1) above, in so far as it is calculated by reference to the depreciation of the value of an interest in land.
(5) In the case of an interest in land subject to a heritable security—
(a) compensation referred to in subsection (1) above in respect of the depreciation of that interest shall be calculated as if the interest were not subject to the heritable security;
(b) a claim or application for the payment of any such compensation, or an application for the recording of a claim in respect of the interest under section 22(1) of this Act, may be made by any person who when the order giving rise to the compensation was made was the heritable creditor, or by any person claiming under such a person, but without prejudice to the making of a claim or application by any other person;
(c) a heritable creditor shall not be entitled to any such compensation in respect of his interest as such; and
(d) any compensation payable in respect of the interest subject to the heritable security shall be paid to the heritable creditor or, where there is more than one heritable creditor, to the creditor whose heritable security has priority over any other heritable securities secured on the land, and shall in either case be applied by him as if it were proceeds of sale.
(6) In this section “heritable security” has the same meaning as in the Conveyancing (Scotland) Act 1924 except that it includes a security constituted by ex facie absolute disposition or assignation, and “heritable creditor” shall be construed accordingly.
(1) If the appropriate authority consent thereto, the power to carry out work, provide series or facilities conferred on Scottish Natural Heritage, local authorities and local planning authorities by this Act or by section 2 of the Local Government (Development and Finance) (Scotland) Act 1964 may be exercised on Crown land.
(2) Parts II and III of this Act shall apply to Crown land, but subject to the following modifications—
(a) no access order, public path creation order, public path extinguishment order or public path diversion order shall be made as respects such land except with the consent of the appropriate authority;
(b) no such land shall be acquired under the said Part II or III except with such consent;
(c) if any land comprised in an access agreement or order, not being excepted land as defined for the purposes of the said Part II, becomes Crown land while it is so comprised, the access agreement or order shall cease to apply to the land unless the appropriate authority consent to the continued application thereto of the agreement or order.
(3) An access agreement made by any government department shall be of no effect unless it is approved by the Treasury, and in considering whether to make or approve an access agreement relating to land belonging to a government department or held in trust for Her Majesty for the purposes of a government department, the department and the Treasury shall have regard to the purposes for which the land is held by or for the department.
(4) Byelaws made under this Act shall apply to Crown land if the appropriate authority consent to their application thereto.
(5) In this section “Crown land” and “the appropriate authority” have the same meaning as in section section 242 of the Act of 1997, and the provisions of subsection (3)of that section as to the determination of questions shall apply for the purposes of this section.
(1) The Secretary of State may pay such sums in respect of the expenses of Scottish Natural Heritage as he may, with the consent of the Treasury, determine.
(2) There shall be paid out of moneys provided by Parliament—
(a) any expenses incurred by the Secretary of State under this Act; and
(b) any increase in the sums payable out of moneys so provided under any enactment relating to local government in Scotland ....
(1) For the purpose of surveying land in connection with—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) the acquisition under this Act of the land or of any interest therein whether by agreement or compulsorily,
(c) the making of an access order with respect thereto, or
(d) the making of a public path creation order, public path extinguishment order or public path diversion order,
any person duly authorised in writing by the Secretary of State, . . . or other authority having power so to exercise functions, or to acquire land or to make the order, as the case may be, may, at any reasonable time, enter upon the land.
(2) For the purpose of surveying land, or of estimating its value, in connection with any claim for compensation payable by virtue of this Act by the Secretary of State, . . . or other authority in respect of that or any other land, any person being an officer of the Valuation Office or a person duly authorised in writing by the authority from whom the compensation is claimed may, at any reasonable time, enter upon the land.
(3) A person authorised under this section to enter upon any land, shall, if so required by the occupier or anyone acting on his behalf, produce evidence of his authority, and shall not demand admission as of right to any land which is occupied unless at least fourteen days’ notice in writing of the intended entry has been given to the occupier.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) A person entering upon any land by virtue of this section may take with him such other persons as may be necessary, and on leaving any premises which he has so entered, being either unoccupied premises, or premises of which the occupier is temporarily absent, shall leave them as effectively secured against unauthorised entry as he found them.
(6) A person who wilfully obstructs any person acting in the exercise of his powers under this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(1) section 265 of the Town and Country Planning (Scotland) Act 1997(which provides for the holding by a Minister of local inquiries) shall apply for the purposes of this Act.
(2) Section 271 of the Act of 1997 (which provides for the services of notices and other documents) shall apply to notices and other documents required or authorised to be served or given under this Act:
Provided that this subsection shall not apply to the service of any notice required or authorised to be served under Schedule 1 to the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 as applied by this Act.
Any order under this Act may be varied or revoked by a subsequent order made in the like manner and subject to the like provisions:
Provided that, without prejudice to the making of a new access order under Part II of this Act, an access order under the said Part II shall not be varied so as to comprise land not comprised in the original order.
(1) In this Act unless the context otherwise requires—
“ the Act of 1997 ” means the Town and Country Planning (Scotland) Act 1997;
“agricultural land” means land used for the purposes of agriculture within the meaning of section 86(3) of the Agriculture (Scotland) Act 1948 and “agricultural purposes” shall be construed accordingly;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“boat” includes any hover vehicle or craft being a vehicle or craft designed to be supported on a cushion of air and which is used on or over water;
. . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“enactment” has the same meaning as in the Act of 1997;
“ footway ” has the same meaning as in the Roads (Scotland) Act 1984;
“function” includes power and duty;
“interest”, in relation to land, includes any right over land, whether the right is exercisable by virtue of ownership or by virtue of a licence or agreement, and in particular includes sporting and fishing rights;
“land” includes land covered by water and, in relation to the acquisition or disposal of land by virtue of this Act, any right or interest in or over land;
“livestock rearing land” has the meaning assigned to it by section 1(3) of the Livestock Rearing Act 1951;
“local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;
“local planning authority” means a general, regional or district planning authority within the meaning of Part IX of the Local Government (Scotland) Act 1973.
“open country” has the meaning assigned to it by section 10(2) of this Act;
“owner”, in relation to land, means the person who, for the time being, receives, or, if the land were let, would be entitled to receive the rent of the land, or who, in the case of land which is unlet, is entitled to occupy the land, and includes any trustee, tutor, curator, factor, agent or other person receiving the rent on behalf of any other person, and also a joint owner;
“prescribed” means prescribed by regulations made by statutory instrument by the Secretary of State subject to annulment in pursuance of a resolution of either House of Parliament;
“public body” includes any local authority, local planning authority or statutory undertaker, and any trustees, commissioners, board or other persons who as a public body and not for their own profit act under any enactment for the improvement of any place or the production or supply of any commodity or service;
“ refreshments ” includes alcohol within the meaning of section 2 of the Licensing (Scotland) Act 2005 (asp 16);
“ road ” has the same meaning as in the Roads (Scotland) Act 1984;
“statutory undertakers” and “statutory undertaking” have the meanings assigned to them by section 217 of the Act of 1997;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“waterway” means any loch, lake, river, reservoir, canal or other waters, being (in any case) water suitable, or which can reasonably be rendered suitable, for sailing, boating, bathing, fishing or other water sport or recreation.
(2) References in this Act to the conservation of natural beauty of an area shall be construed as including references to the conservation of features of geological or physiographical interest therein and of the flora and fauna thereof.
(3) References in this Act to any enactment are references to that enactment as amended by or under any subsequent enactment including this Act.
SCHEDULE 2 General Restrictions to be observed by persons having access by virtue of Part II of this Act to land which is or which gives or forms part of access to Open Country
Section 11.
Section 11(1) of this Act shall not apply to a person who, upon the land in question, commits any crime or offence, or who without lawful authority,—
(a) drives or rides any vehicle;
(b) lights any fire or does any act which is likely to cause a fire;
(c) takes, or allows to enter or remain, any dog not under proper control;
(d) wilfully kills, takes or molests any animal, bird or fish or takes or injures any eggs or nests;
(e) bathes in any non-tidal water in contravention of a notice displayed near the water prohibiting bathing, being a notice displayed, and purporting to be displayed, with the approval of Scottish Natural Heritage , the National Park authority or, as the case may be, the general or district planning authority;
(f) engages in any operations of or connected with hunting, shooting, fishing, snaring, taking or destroying of animals, birds or fish, or brings or has any engine, instrument or apparatus used for hunting, shooting, fishing, snaring, taking or destroying animals, birds or fish;
(g) wilfully damages the land or anything thereon or therein;
(h) obstructs the flow of any drain or watercourse, opens, shuts or otherwise interferes with any sluice-gate or other apparatus, or neglects to shut any gate or to fasten it if any means of so doing is provided;
(i) affixes or writes any advertisement, bill, placard or notice;
(j) deposits any rubbish or leaves any litter;
(k) wantonly disturbs, annoys or obstructs any person engaged in any lawful occupation.
SCHEDULE 3 Provisions as to Making Confirmation, Coming into Operation and Validity of Certain Orders
Sections 14, 31, 34 and 35.
Part I Provisions for Making and Confirming Access Orders and Certain Orders relating to Public Paths
1 (1) Before a body makes ..., a public path creation order, a public path extinguishment order or a public path diversion order it shall give notice in the prescribed form—
(a) stating the general effect of the order and that it is about to be made and, subject to paragraph 2(1A) of this Schedule, submitted for confirmation,
(b) naming a place in the area in which the land to which the order relates is situated where a draft of the order and of the map referred to therein may be inspected free of charge at all reasonable hours, and
(c) specifying the time (not being less than twenty-eight days from the date of the first publication of the notice) within which, and the manner in which, representations or objections with respect to the draft order may be made.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) The notices to be given under sub-paragraph (1) above shall be given—
(a) in the case of ... a public path creation order, by publication in at least one local newspaper circulating in the area in which the land to which the order relates is situated, and by serving a like notice on every owner, occupier and tenant (except tenants for a month or any period less than a month and statutory tenants within the meaning of the Rent (Scotland) Act 1971 of any of that land, so however that—
(i) except in the case of an owner, occupier or tenant being a local authority, local planning authority or statutory undertaker, the Secretary of State may in any particular case direct that it shall not be necessary to serve notice as aforesaid if in his opinion it is not reasonably practicable to do so, but
(ii) if the Secretary of State so directs in the case of any land, then in addition to publication the notice shall be addressed to “the owners and any occupiers” of the land (describing it) and a copy or copies of it shall be affixed to some conspicuous object or objects on the land;
(b) in the case of a public path extinguishment order or a public path diversion order, by publication and the service of notices as mentioned in head (a) of this sub-paragraph and also—
(i) by serving such a notice as is therein mentioned on every local authority and local planning authority whose area includes any of the land to which the order relates, and
(ii) by causing a copy of the notice to be displayed in a prominent position at the ends of so much of any public path as is to be closed or diverted by virtue of the order.
2 (1A) If an authority have given notice under paragraph 1(1) above ..., and no representations or objections are duly made in terms of paragraph 1(1)( c ) of this Schedule or if any so made are withdrawn, then, subject to the provisions of Part II of this Schedule, the order shall on being made by them have effect without their having to submit it to the Secretary of State and without his confirmation.
(1) In the case of an order other than one which has effect under sub-paragraph (1A) above, if no representations or objections are duly made in terms of sub-paragraph (1)(c) of paragraph 1 of this Schedule, or if any so made are withdrawn, the Secretary of State may, if he thinks fit, confirm . . . the order . . . with or without modifications or conditions.
(2) If any representation or objection duly made is not withdrawn, the Secretary of State shall, before confirming . . . the order, either—
(a) cause a local inquiry to be held, or
(b) afford to any person by whom any representation or objection has been duly made and not withdrawn an opportunity of being heard by a person appointed by him for the purpose.
and, after considering the report of the person appointed to hold the inquiry or to hear representations or objections, may confirm . . . the order . . . with or without modifications or conditions:
Provided that , where objection is made by statutory undertakers to a public path creation order or a public path diversion order, on the ground that the order provides for the creation of a right of way over land covered by works used for the purposes of their undertaking or the curtilage of such land, and the objection is not withdrawn, the order shall be subject to special parliamentary procedure.
(3) Notwithstanding anything in the foregoing provisions of this paragraph, the Secretary of State shall not confirm . . . an order so as to affect land not affected by the order as submitted to him . . . except after—
(a) giving such notice as appears to him requisite of his proposal so to modify the order, specifying the time (not being less than twenty-eight days from the date of the first publication of the notice) within which, and the manner in which, representations or objections with respect to the proposal may be made,
(b) holding a local inquiry or affording to any person by whom any representation or objection has been duly made and not withdrawn an opportunity of being heard by a person appointed by him for the purpose, and
(c) considering the report of the person appointed to hold the inquiry or to hear representations or objections, as the case may be,
and , where objection is made by statutory undertakers to a public path creation order or a public path diversion order, on the ground that the order as modified would provide for the creation of a right of way over land covered by works used for the purposes of their undertaking or the curtilage of such land, and the objection is not withdrawn, the order shall be subject to special parliamentary procedure.
3 (1) Subject to the provisions of this Part of this Schedule, the procedure on the submission and confirmation of orders to which this Schedule applies shall be such as may be prescribed.
(2) Provision may be prescribed for enabling proceedings preliminary to the confirmation of a public path extinguishment order to be taken concurrently with proceedings preliminary to the confirmation of a public path creation or a public path diversion order.
Part II Validity and Date of Operation of Orders to which this Schedule applies
4 As soon as may be after an order to which this Schedule applies has been confirmed . . . by the Secretary of State or, in the case of an order which has effect under paragraph 2(1A) of this Schedule, has made by an authority, the body by whom the order was made, . . . shall publish, in the manner required in relation to the class of order in question by paragraph 1(3) of this Schedule, a notice in the prescribed form describing the general effect of the order, stating that it has been confirmed or made, and naming a place where a copy thereof as confirmed or made may be inspected free of charge at all reasonable hours, and—
(a) where under the said sub-paragraph (3) notice was required to be served, shall serve a like notice and a copy of the order as confirmed or made on any persons on whom notices were required to be served under that sub-paragraph; and
(b) where under the said sub-paragraph (3) a notice was required to be displayed, shall cause a like notice to be displayed in the like manner as the notice required to be displayed under that sub-paragraph:
Provided that no such notice or copy need be served on a person unless he has sent to the body . . . a request in that behalf specifying an address for service.
5 If a person aggrieved by an order to which this Schedule applies desires to question the validity thereof, or of any provision contained therein, on the ground that it is not within the powers of this Act or on the ground that any requirement of this Act or of regulations made thereunder has not been complied with in relation thereto, he may, within six weeks from the date on which the notice required by the last foregoing paragraph is first published, make an application for the purpose to the Court of Session.
6 On any such application as aforesaid, the Court—
(a) may by interim order suspend the operation of the order, or of any provision contained therein, either generally or in so far as it affects any property of the applicant, until the final determination of the proceedings; and
(b) if satisfied that the order, or any provision contained therein, is not within the powers of this Act or that the interests of the applicant have been substantially prejudiced by failure to comply with any such requirement as aforesaid, may quash the order or any provision contained therein, either generally or in so far as it affects any property of the applicant.
7 Subject to the provisions of the last foregoing paragraph, an order to which this Schedule applies shall not, either before or after it has been made or confirmed, be questioned in any legal proceedings whatever, and shall become operative on the date on which the notice required by paragraph 4 above is first published, or on such later date as may be specified in the order.
8 In relation to any order to which this Schedule applies, being an order which is subject to special parliamentary procedure, the foregoing provisions of this Schedule shall have effect subject to the following modifications—
(a) if the order is confirmed by Act of Parliament under section six of the Statutory Orders (Special Procedure) Act 1945, paragraphs 5 to 7 shall not apply; and
(b) in any other case, paragraph 5 shall have effect as if, for the reference therein to the date on which the notice required by paragraph 4 is first published, there were substituted a reference to the date on which the order becomes operative under the said Act of 1945, and paragraph 7 shall have effect as if the words from “and shall become operative” to the end of the paragraph were omitted.
Schedule 4 Provisions as to the Calculation for Fixing Consideration in Respect of the Making of Access Agreements.
(1) The district valuer shall value the land covered by the access agreement, as at the first day of the twelve month period to which the consideration will relate, assuming—
(a) a sale on the open market by a willing seller; and
(b) that the use of the land is unfettered by the access agreement.
(2) Before or as soon as possible after the coming into operation of an access agreement—
Scottish Natural Heritage or the National Park authority, in relation to an agreement made by it; or
the general or district planning authority, in relation to an agreement made by them,
shall agree with the owner of the interest in the land what proportion of the figure set by the district valuer should be paid by Scottish Natural Heritage , the National Park authority or, as the case may be, the general or district planning authority in respect of each twelve month period.
(3) The first twelve month period shall begin on the day on which the public is first given access to the land under the agreement.