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Land Reform (Scotland) Act 2003

Schedule 2 Amendment and Repeal of Enactments

Trespass (Scotland) Act 1865 (c.56)

416.Paragraph 1 amends section 3 of the Trespass (Scotland) Act 1865, which makes it an offence to occupy or camp on land without the consent of the owner, to provide that this offence does not apply to someone exercising access rights created by Part 1.

Acquisition of Land (Authorisation of Procedure) (Scotland) Act 1947 (c.42)

417.Paragraph 2 amends the Acquisition of Land (Authorisation of Procedure) (Scotland) Act 1947 to provide that compulsory acquisitions by Ministers under section 35 or 72 are to be carried out in accordance with the procedures set out in that Act.

Countryside (Scotland) Act 1967 (c.86)

418.Paragraph 4(a) repeals the whole of Part II of the Countryside (Scotland) Act 1967, which relates to access to open country, which will be superseded by the creation of access rights and by the new duties and powers of local authorities as introduced by Part 1. Paragraph 65 provides that the repeal of Part II does not in any way affect any compensation claim under section 21 of that Act nor does it affect the rules governing the assessment and payment of compensation under sections 21 to 23 and 70 of that Act.

419.Paragraph 4(b) repeals sections 30 to 38 (creation, closure and diversion of public paths) of the 1967 Act, which are superseded by sections 21 and 22 of this Act. However, paragraph 7 provides a saving to enable the continued application of those powers in relation to land in respect of which access rights do not apply.

420.Paragraph 4(e) repeals section 55 of the 1967 Act which gave Ministers a default power to make bylaws and paragraph 4(d) makes an amendment to section 54 of that Act consequential on this repeal. Paragraph 4(f) removes references to the making of access orders in the provisions for the making, confirmation, coming into force and validity of orders relating to public paths set out in Schedule 3 of the 1967 Act. This is because the provisions in the 1967 Act relating to access orders are repealed by the repeal of Part II of that Act.

421.Paragraph 5 amends section 47 of the 1967 Act to the effect that references to rights of way in Part III of that Act are not to be interpreted to include references to access rights created under Part 1. This means that the duties placed on local authorities in respect of rights of way by Part III of the 1967 Act do not extend to access rights.

Civic Government (Scotland) Act 1982 (c.45)

422.Paragraph 8 amends the Civic Government (Scotland) Act 1982 to remove the power of local authorities to make bylaws in respect of inland water as set out in section 121 of that Act. This power is replaced by the bylaw making powers in section 12 of this Act. However, the powers in the 1982 Act to make bylaws in respect of the seashore and adjacent waters are retained.

Public Order Act 1986 (c.64)

423.Paragraph 9 inserts a new subsection (9A) in section 14A of the Public Order Act 1986. This clarifies that references in that section to the public’s right of access do not include access rights.

Criminal Justice and Public Order Act 1994 (c.33)

424.Paragraph 11 inserts new subsections (4A) and (4B) in section 61 of the Criminal Justice and Public Order Act 1994. This section gives the police powers to remove two or more persons from land if they have reason to believe that these persons have become trespassers. This amendment clarifies that people who have ceased to be entitled to exercise access rights for the reasons specified in the new subsection (4A)(a) and (b), will be deemed to be trespassers and, therefore, subject to the provisions in section 61 of the 1994 Act.

425.Paragraph 12 inserts a new subsection (5A) in section 64 of the 1994 Act. This section allows the police to seize a vehicle or sound equipment in certain circumstances. These include where someone has entered land as a trespasser with a vehicle or sound equipment in contravention of a direction, and the new subsection provides that such conduct is not within the scope of access rights.

426.Paragraph 13 inserts a new subsection (1A) in section 68 of the 1994 Act that establishes the offence of aggravated trespass. The new subsection provides that someone exercising access rights in Scotland can be charged with aggravated trespass if engaging in the conduct set out in section 68(1) of the 1994 Act.

The Conservation (Natural Habitats Etc.) Regulations 1994 (S.I. 1994/2716)

427.Paragraph 15 amends regulation 3(2) of the 1994 Regulations so as to provide that Ministers and Scottish Natural Heritage, in exercising their functions under this Act, must do so in a way that complies with the requirements of Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora.

428.Paragraph 16 inserts a new section 69A into the 1994 Regulations, the effect of which is to ensure that whenever a local authority is preparing a core path plan or is delineating, creating or maintaining a path under the relevant provisions of this Act in relation to land on which there is situated a site protected for the purpose of Community law, the authority will require to undertake a prior nature conservation impact assessment in accordance with the relevant provisions of the 1994 Regulations.

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

429.Paragraph 17 provides that section 208 of the Town and Country Planning (Scotland) Act 1997 (c.8) allows planning authorities to, if necessary, authorise the stopping up or diversion of core paths to enable development to be carried out.

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