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Land Reform (Scotland) Act 2003

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This is the original version (as it was originally enacted).

15Measures for safety, protection, guidance and assistance

This section has no associated Explanatory Notes

(1)The local authority may take such steps (which may include the putting up and maintenance of notices and fences) as appear to them appropriate—

(a)to warn the public of and protect the public from danger on any land in respect of which access rights are exercisable;

(b)to indicate or enclose, or to give directions to, any such land.

(2)Where the local authority consider that a fence, wall or other erection is so constructed or adapted (whether by the use of barbed wire or other sharp material or by being electrified or otherwise) as to be likely to injure a person exercising access rights, they may by written notice served on the owner of the land on which it is placed, require the owner to take, within such reasonable time as is specified in the notice, such reasonable action as is so specified, being action calculated to remove the risk of injury.

(3)Subsections (3)(b), (4) and (5) of section 14 above apply in respect of a notice served under subsection (2) above as they apply to a notice served under those subsections.

(4)The local authority may install and maintain, in any land in respect of which access rights are exercisable, gates, stiles, moorings, launching sites or other means of facilitating the exercise of these rights, and seats, lavatories and other means of contributing to the comfort and convenience of persons exercising them.

(5)The local authority may, in relation to inland waters in respect of which access rights are exercisable, provide staff for life saving and any boats or equipment which are appropriate for life saving.

(6)In exercising their powers under this section, the local authority shall—

(a)have regard to the extent to which there are existing facilities in their area for the purposes of assisting persons to exercise access rights; and

(b)have regard to the needs of persons with disabilities.

(7)The local authority may carry out the operations authorised by subsections (4) and (5) above within the land over which the access rights are exercisable only with the consent of the owner.

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