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(1)It is the duty of the local authority, not later than 3 years after the coming into force of this section, to draw up a plan for a system of paths (“core paths”) sufficient for the purpose of giving the public reasonable access throughout their area.
(2)Such a system of paths may include—
(a)rights of way by foot, horseback, pedal cycle or any combination of those, being rights which are or may be established by or under any enactment or rule of law;
(b)paths, footways, footpaths, cycle tracks or other means of access (however described but not falling within paragraph (a) above) which are or may be provided by or under any enactment other than this Act;
(c)paths which are or may be delineated by a path agreement under section 21 or a path order under section 22 below;
(d)other routes, waterways or other means by which persons may cross land.
(3)In drawing up the plan, the local authority shall have regard to—
(a)the likelihood that persons exercising rights of way and access rights will do so by using core paths;
(b)the desirability of encouraging such persons to use core paths; and
(c)the need to balance the exercise of those rights and the interests of the owner of the land in respect of which those rights are exercisable.
(4)The plan may consist of or include maps showing core paths and, where it does not, shall refer to such maps.
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Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.
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