- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
35.—(1) Subject to paragraph (2), and with the prior written consent of the Scottish Ministers, an inspector may, notwithstanding the existence of any public footpath or other right of way, prohibit the entry of any person–
(a)on to any land (excluding buildings but including any common, unenclosed or waste land); or
(b)into any agricultural building (excluding any dwellinghouse),
in a protection zone by causing a notice to that effect to be displayed at every entrance to that land or building.
(2) No person other than–
(a)the owner of any animal on that land or in that building or a person authorised by him, who enters for the purpose of tending that animal; or
(b)a person entering under the authority of a licence granted by an inspector,
shall enter any land or building in respect of which a notice is displayed under paragraph (1).
(3) No person shall remove or alter a notice displayed under this article except at the direction of an inspector.
(4) Any prohibition on entry to land or buildings imposed under this article is revoked if the declaration creating the protection zone is amended in accordance with article 36 so that the protection zone becomes part of a surveillance zone.
(5) Any prohibition on entry to land or buildings imposed under this article may be revoked in whole or in part by–
(a)the removal of all relevant notices in accordance with the directions of an inspector; or
(b)a declaration of the Scottish Ministers.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Executive Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2005 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: