Countryside (Scotland) Act 1967

13 Access agreements

(1) A local planning authority may with the approval of the Secretary of State make an access agreement with any person having an interest in land in the area of the authority whereby the provisions in that behalf of this Part of this Act shall apply to the land.

(2) An access agreement may provide for the making of payments by the local planning authority of either or both of the following descriptions, that is to say in consideration of the making of the agreement and by way of defraying or contributing towards expenditure incurred by the person making the agreement in consequence thereof.

(3) An access agreement may be made subject to such provisions for revocation or variation as may be specified in the agreement.

(4) Any person, being the liferenter or the heir of entail, in possession of any land shall have power to enter into access agreements relating to the land or any part thereof.

(5) The [1921 c. 58.] Trusts (Scotland) Act 1921 shall have effect as if among the powers conferred on trustees by section 4 thereof (which relates to the general powers of trustees) there were included a power to enter into access agreements relating to the trust estate or any part thereof.

(6) Where after consultation with the local planning authority it appears to the Commission desirable that an access agreement should be made in respect of any land, they may request the local planning authority to enter into such an agreement; and before entering into an access agreement in respect of land in any area of special planning control, the local planning authority shall consult with the Commission.

(7) Subject to the provisions of subsection (8) below, where an access agreement is made with one or some, but not all, of the persons having interests in the land to which the agreement relates, the provisions of this Part of this Act shall not, as against any person for the time being entitled to an interest in the land who is not a party to the agreement, operate so as to prejudice his rights in relation to that interest, or impose any restriction on him or confer any right against him, and the local planning authority shall, as soon as may be after the agreement is made, serve a copy of the agreement on every such person who is not a party thereto.

(8) A grazings committee appointed under section 24 of the [1955 c. 21.] Crofters (Scotland) Act 1955 may, with the consent of a majority of the crofters ordinarily resident in the township, enter into an access agreement in relation to any part of the common grazings and may agree to the revocation or variation of any such agreement, and such agreement, revocation or variation shall be binding upon all the crofters who share in the common grazings and upon their successors.

(9) Where any agreement referred to in the last foregoing subsection contains a provision for the making of a payment under subsection (2) above, the payment shall be made to the grazings committee and shall be applied by them—

(a) in the case of a payment in consideration of the making of the agreement, either by division among the crofters who share in the common grazings in proportion to their respective rights therein or, with the consent of a majority of the crofters ordinarily resident in the township and with the approval of the Crofters Commission, in carrying out works for the improvement of the common grazings or the fixed equipment required in connection therewith;

(b) in the case of a payment in respect of expenditure incurred in consequence of the agreement, by defraying or contributing towards that expenditure.

(10) In this section " crofter " has the meaning assigned to it by section 3 of the Crofters (Scotland) Act 1955 as read with section 15(6) of the [1961 c. 58.] Crofters (Scotland) Act 1961.