Countryside (Scotland) Act 1967

14 Access orders. S

[F1 (1) Subject to subsection (2) below, an access order may be made—

(a) by Scottish Natural Heritage, as regards any land in Scotland;

(b) by a general or district planning authority, as regards any land in their area,

[F2 (c) by the National Park authority for a National Park, as regards any land in the National Park,]

but an order so made shall be submitted to the Secretary of State and shall not have effect unless confirmed by him.]

(2) An access order shall not be made as respects any land—

(a) if an access agreement or access agreements are in force which in the opinion of the [F3 body] having power to make such an order adequately secure to the public access to the open country in question for open-air recreation;

(b) where such an agreement or agreements are not in force, unless it appears to the [F3 body] impracticable to secure the making of such an agreement or agreements.

(3) An access order shall contain a map, on such scale as may be prescribed, defining in such manner as may be prescribed—

(a) the land comprised in the order and, if it is not itself open country, it relation to the open country in question, and

(b) any land comprised in the order which is excepted land;

and the order shall also include such descriptive matter, if any, as may be prescribed or as may appear to the [F3 body] to be requisite for the purposes of the order.

(4) The provisions in that behalf of Schedule 3 to this Act shall apply to the making, confirmation, coming into operation and validity of access orders.

(5) The Secretary of State shall not confirm . . . F4 access order before byelaws have been made and confirmed under section 54 or made under section 55 of this Act in relation to the land in question.

F5 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6

(8) An access order [F7 made by [F8 a National Park authority or] a general or district planning authority] may specify work or other things to be done (either at one time or from time to time) on the land in the exercise of the powers conferred by section 61 below.

Annotations:

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Amendments (Textual)

F1 S. 14(1) substituted (01.04.1992) by Natural Heritage (Scotland) Act 1991 (c. 28, SIF 46:1), s. 13, Sch. 3, para. 4(2); S.I. 1991/2633, art. 4.

F2 S. 14(1)(c) inserted (8.9.2000) by 2000 asp 10, s. 9, Sch. 3 para. 7(4)(a) (with s. 32); S.S.I. 2000/312, art. 2

F3 Word in s. 14(2)(a)(b)(3) substituted (01.04.1992) by Natural Heritage (Scotland) Act 1991 (c. 28, SIF 46:1), s. 13, Sch. 3, para. 4(3)(a)(b)(4); S.I. 1991/2633, art. 4.

F4 Words repealed by Local Government and Planning (Scotland) Act 1982 (c. 43, SIF 81:2), Sch. 4 Pt. I

F5 S. 14(6) repealed (01.04.1992) by Natural Heritage (Scotland) Act 1991 (c. 28, SIF 46:1), s. 27(2), Sch. 11; S.I. 1991/2633, art. 4

F6 Ss. 5(2)(3), 9, 14(7), 32(1)(3), 33(2)–(4), 36(2)(3), 37(3), and 45(2) repealed by Countryside (Scotland) Act 1981 (c. 44, SIF 46:1), Sch. 2

F7 Words in s. 14(8) inserted (01.04.1992) by Natural Heritage (Scotland) Act 1991 (c. 28, SIF 46:1), s. 13, Sch. 3, para. 4(5); S.I. 1991/2633, art. 4.

F8 Words in s. 14(8) inserted (8.9.2000) by 2000 asp 10, s. 9, Sch. 3 para. 7(4)(b) (with s. 32); S.S.I. 2000/312, art. 2