Countryside (Scotland) Act 1967

Status:

Prospective version(s) available. Show Timeline of Changes

Status

The version on screen is currently in force, but there is a version available (prospective version) to show how it could change.

The prospective version will remain prospective until a date is appointed by an appropriate person or body to bring those changes into force.

To see the prospective version, use the Show Timeline of Changes feature under ‘Advanced Features’.

Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring changes and effects in the prospective version into force.

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to Countryside (Scotland) Act 1967. Any changes that have already been made by the team appear in the content and are referenced with annotations.

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

Commencement Orders yet to be applied to the Countryside (Scotland) Act 1967:

Commencement Orders

This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.

Commencement Orders bringing legislation that affects this Act into force:

S.S.I. 2003/456 art. 2 commences (2000 asp 5)
S.S.I. 2005/17 art. 2 commences (2003 asp 2)
S.S.I. 2007/472 arts. 2 3 Sch. 1 2 commences (2005 asp 16)
S.S.I. 2010/221 art. 3 commences (2010 asp 8)

24 Acquisition by local planning authorities of land for public access.S

(1)Where it appears [F1to Scottish Natural Heritage as respects any land in Scotland [F2, to the National Park authority for any National Park, as respects any land in the National Park] or] to [F3a general or district planning] authority, as respects any land in their area which is or which gives or forms part of access to open country,—

(a)that it is requisite that the public should have access to that open country for open-air recreation; and

(b)that in the circumstances it is expedient that for that purpose the land should be acquired by [F4 Scottish Natural Heritage [F5, the National Park authority] or, as the case may be, the general or district planning authority],

[F6Scottish Natural Heritage or, as the case may be,] the authority . . . F7 may, . . . F7 acquire the land by agreement, whether by way of purchase, feu, lease or excambion [F8or, with the consent of the Secretary of State, acquire the land compulsorily: provided that the authority may not acquire the land compulsorily unless it is impractable to obtain such access by an access agreement or an access order.].

(2)[F9Scottish Natural Heritage [F10, a National Park authority] or, as the case may be, a general or district planning authority] may carry out on land acquired by [F11it or] them for the purposes of this section, and for the time being held by [F11it or] them for those purposes, such work as [F12it or] they may consider requisite for providing convenient means of access to the land or otherwise for the said purposes.

(3)While land acquired by [F13Scottish Natural Heritage [F14, a National Park authority] or, as the case may be, a general or district planning authority] under this section is held by [F15it or] them for the purposes thereof, it shall be the duty of [F16Scottish Natural Heritage or] the authority so to manage the land as to give to the public access for open-air recreation to so much thereof as appears to [F16Scottish Natural Heritage or] the authority to be practicable, having regard to the nature of the different parts of the land, to anything done thereon which may result in danger to the public or to persons employed thereon unless public access to the land or to adjoining land is restricted, and to all other relevant circumstances.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F1Words in s. 24(1) inserted (01.04.1992) by Natural Heritage (Scotland) Act 1991 (c. 28, SIF 46:1), s. 13, Sch. 3, para. 12(2)(a); S.I. 1991/2633, art. 4.

F2Words in s. 24(1) inserted (8.9.2000) by 2000 asp 10, s. 9, Sch. 3 para. 7(9)(a) (with s. 32); S.S.I. 2000/312, art. 2

F3Words substituted by Local Government and Planning (Scotland) Act 1982 (c. 43, SIF 81:2), s. 9, Sch. 1 Pt. I, Pt. II, para. 9

F4Words in s. 24(1)(b) substituted (01.04.1992) by Natural Heritage (Scotland) Act 1991 (c. 28, SIF 46:1), s. 13, Sch. 3, para. 12(2)(b); S.I. 1991/2633, art. 4.

F5Words in s. 24(1)(b) inserted (8.9.2000) by 2000 asp 10, s. 9, Sch. 3 para. 7(9)(b) (with s. 32); S.S.I. 2000/312, art. 2

F6Words in s. 24(1) inserted (01.04.1992) by Natural Heritage (Scotland) Act 1991 (c. 28, SIF 46:1), s. 13, Sch. 3, para. 12(2)(c); S.I. 1991/2633, art. 4.

F7Words repealed by Countryside (Scotland) Act 1982 (c. 44, SIF 46:1), Sch. 2.

F8Words substituted by Countryside (Scotland) Act 1981 (c. 44, SIF 46:1), s. 4.

F9Words in s. 24(2) substituted (01.04.1992) by Natural Heritage (Scotland) Act 1991 (c. 28, SIF 46:1), s. 13, Sch. 3, para. 12(3)(a); S.I. 1991/2633, art. 4.

F10Words in s. 24(2) inserted (8.9.2000) by 2000 asp 10, s. 9, Sch. 3 para. 7(9)(c) (with s. 32); S.S.I. 2000/312, art. 2

F11Words in s. 24(2) inserted (prosp.) by Natural Heritage (Scotland) Act 1991 (c. 28, SIF 46:1), s. 13, Sch. 3, para. 12(3)(b); S.I. 1991/2633, art. 4.