Countryside (Scotland) Act 1967

• (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.

Expenses

74

• (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 ....

Powers of entry

75

• (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.

Inquiries and service of notices

76

• (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.

Orders

77

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.

Interpretation

78

• (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.

Short title and extent

79

• (1) This Act may be cited as the Countryside (Scotland) Act 1967.

• (2) This Act, . . . shall extend to Scotland only.

SCHEDULE 1

1

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2

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3

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4

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5

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6

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7

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8

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9

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10

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SCHEDULE 2

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,—

SCHEDULE 3

Part I — Provisions for Making and Confirming Access Orders and Certain Orders relating to Public Paths

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

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.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Access agreements.

Exercise of powers under sections 34 and 35.

48A

• (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.

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.

Default powers of Secretary of State as to byelaws.

56A

• (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.

Extension of powers of Secretary of State under section 39 of the Forestry Act 1967.

67

Short title and extent.

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,—

Schedule 4

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; orthe 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.

Editorial notes