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Countryside (Scotland) Act 1967

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17 Provisions for securing safe and sufficient access.S

(1)An access agreement or order may make such provision as appears expedient for the purpose of the agreement or order for securing that safe and sufficient access will be available for the public on the land comprised in the agreement or order.

(2)Provision made by an access agreement or order by virtue of this section may be provision for any one or more of the following matters—

(a)the improvement or repair of any means of access to the land in existence at the time when the agreement or order is made;

(b)the construction of new means of access to the land;

(c)the carrying out of work to protect persons who are on land comprised in the agreement or order from injury or damage due to the state of the land or anything done or omitted to be done on it;

(d)the imposition of restrictions on the destruction, removal, alteration or closure of any means of access to the land or of any works provided under the last foregoing paragraph, or the doing of any thing whereby the use of any such means of access by the public would be impeded or the safety of the public would be endangered; and

(e)the maintenace of any such means of access to the land as are mentioned in paragraphs (a) and (b) of this subsection or of any works carried out in accordance with paragraph (c) of this subsection.

(3)No provision made by an access order by virtue of this section shall—

(a)apply to land which is for the time being excepted land, or authorise or require any thing to be done in relation to such land or any means of access thereto;

(b)affect the doing of any thing whereby any land becomes excepted land; or

(c)require, or authorise any person to require, any work to be carried out at the expense of any person interested in the land except as hereafter in this section expressly provided.

(4)[F1Where, as regards any access agreement or order made by Scottish Natural Heritage [F2, a National Park authority] or a general or district planning authority, it appears to it or them] that any work is required for giving effect to any such provision of [F1the] agreement or order as is specified in paragraphs (a), (b), (c) and (e) of subsection (2) above, [F3Scottish Natural Heritage [F4, the National Park authority] or, as the case may be,] the authority may agree with the owner and occupier of the land as to the carrying out of the work, and where it is agreed that it shall be carried out otherwise than by [F5Scottish Natural Heritage or the authority, it or, as the case may be, they] may defray the cost of the carrying out thereof, or may contribute such part of that cost as may be specified in the agreement.

(5)If, in a case falling within the last foregoing subsection—

(a)[F6Scottish Natural Heritage [F7, the National Park authority] or, as the case may be, the general or district planning authority] are unable to make an agreement, or

(b)the owner or occupier fails to carry out within a reasonable period any work which he has agreed to carry out,

[F6Scottish Natural Heritage [F7, the National Park authority] or, as the case may be, the general or district planning authority], after giving to the owner and the occupier not less than fourteen days’ notice of [F8its or] their intention so to do, may take all necessary steps for carrying out the work; and where, in a case to which paragraph (b) of this subsection applies, the agreement provided that [F9Scottish Natural Heritage or, as the case may be,] the authority should contribute part of the cost of carrying out the work, [F9Scottish Natural Heritage or, as the case may be,] the authority may recover the amount of any expenses reasonably incurred by [F10it or] them in carrying out the work, reduced by [F11its or] their contribution under the agreement, from the person by whom under the agreement the cost (apart from the [F12contribution of Scottish Natural Heritage or, as the case may be, the authority]) of carrying out the work fall to be borne.

(6)In this section the expression “means of access,” in relation to land, means any opening in a wall, fence or hedge bounding the land or any part thereof, with or without a gate, stile or other works for regulating passage through the opening, any stairs or steps for enabling persons to enter on the land or any part thereof, or any bridge, stepping stone or other works for crossing a water-course, ditch or bog on the land or adjoining the boundary thereof.

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Amendments (Textual)

F2Words in s. 17(4) inserted (8.9.2000) by 2000 asp 10, s. 9, Sch. 3 para. 7(6)(a) (with s. 32); S.S.I. 2000/312, art. 2

F4Words in s. 17(4) inserted (8.9.2000) by 2000 asp 10, s. 9, Sch. 3 para. 7(6)(b) (with s. 32); S.S.I. 2000/312, art. 2

F7Words in s. 17(5) inserted (8.9.2000) by 2000 asp 10, s. 9, Sch. 3 para. 7(6)(c) (with s. 32); S.S.I. 2000/312, art. 2

F12Words in s. 17(5) substituted (01.04.1992) by Natural Heritage (Scotland) Act (c. 28, SIF 46:1), s. 13, Sch. 3, para. 7(3)(f); S.I. 1991/2633, art. 4.

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