Countryside (Scotland) Act 1967

18 Power of local planning authority to enforce access. S

(1) If any person contravenes the provisions of section 16(1) above, or any such restriction as is specified in paragraph (d) of subsection (2) of [F1 section 17 of this Act—

(a) if the agreement or order was made by Scottish Natural Heritage [F2 or a National Park authority], it;

(b) if the agreement or order was made by the general or district planning authority, they,]

may serve on that person a notice requiring him, within such period as may be specified in the notice, to carry out such work so specified as may appear to [F3 Scottish Natural Heritage or, as the case may be,] the authority to be requisite for remedying the contravention, being work for restoring or re-opening any means of access or for providing new means of access.

(2) If within the period specified in a notice under the foregoing subsection the person on whom the notice is served fails to comply therewith, [F4 Scottish Natural Heritage [F5 , the National Park authority] or, as the case may be, the general or district planning authority] may take all necessary steps for carrying out the work specified in the notice and may recover from that person any expenses reasonably incurred by [F6 it or] them in carrying it out.

(3) Any person on whom a notice is served under subsection (1) above may, at any time within the period specified in the notice for carrying out the work so specified, appeal against the notice to the sheriff on the ground—

(a) that the period specified as aforesaid is too short;

(b) that the work specified in the notice, or some of that work, is not requisite for remedying the contravention;

(c) that he has not contravened the provisions or restriction in question; or

(d) that the work specified in the notice, or so much of the work as is requisite for remedying the contravention, has been carried out.

(4) On any such appeal the sheriff, if satisfied of the grounds of the appeal, may—

(a) extend the period within which the work was required to be carried out by the notice, or

(b) quash the notice as respects the whole or any part of the work specified therein,

as the nature of the appeal may require; but if not so satisfied shall dismiss the appeal.

(5) The sheriff on such an appeal to him may, and if so directed by the Court of Session shall, state a case for the opinion of that Court on any question of law arising in the proceedings, and an appeal shall lie to the Court of Session on any question of law from the decision of the sheriff.

(6) Where an appeal is taken under this section, the time between the taking of the appeal and the final determination thereof shall be disregarded in determining the period within which, in accordance with the notice, the work specified therein is to be carried out.

Annotations:

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Amendments (Textual)

F1 Words in s. 18(1) substituted (01.04.1992) by Natural Heritage (Scotland) Act 1991 (c. 28, SIF 46:1), s. 13, Sch. 3, para. 8(2)(a); S.I. 1991/2633, art. 4.

F2 Words in s. 18(1)(a) inserted (8.9.2000) by 2000 asp 10, s. 9, Sch. 3 para. 7(7)(a) (with s. 32); S.S.I. 2000/312, art. 2

F3 Words in s. 18(1) inserted (01.04.1992) by Natural Heritage (Scotland) Act 1991 (c. 28, SIF 46:1), s. 13, Sch. 3, para. 8(2)(b); S.I. 1991/2633, art. 4.

F4 Words in s. 18(2) expressed to be inserted (01.04.1992) by Natural Heritage (Scotland) Act 1991 (c. 28, SIF 46:1), s. 13, Sch. 3, para. 8(3)(a); S.I. 1991/2633, art. 4.

F5 Words in s. 18(2) inserted (8.9.2000) by 2000 asp 10, s. 9, Sch. 3 para. 7(7)(b) (with s. 32); S.S.I 2000/312, art. 2

F6 Words in s. 18(2) expressed to be substituted (01.04.1992) by Natural Heritage (Scotland) Act 1991 (c. 28, SIF 46:1), s. 13, Sch. 3, para. 8(3)(b); S.I. 1991/2633, art. 4.