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Countryside (Scotland) Act 1967

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58 Powers of the Forestry Commissioners.S

(1)The Forestry Commissioners constituted under the Forestry Acts 1919 to 1945 (in this and the next succeeding section referred to as “the commissioners”) shall have the powers conferred on them by this section.

(2)The Commissioners may, on any land placed at their disposal by the Secretary of State, provide, or arrange for or assist in the provision of tourist, recreational or sporting facilities and any equipment, facilities or works ancillary thereto, including without prejudice to that generality—

(a)accommodation for visitors;

(b)camping sites and caravan sites;

(c)places for meals and refreshments;

(d)picnic places, viewpoint stances, parking places, routes for nature study and footpaths;

(e)information and display centres;

(f)shops in connection with any of the aforesaid facilities;

(g)public conveniences;

and the Commissioners shall have power to make such charges as they think fit in connection with any of those facilities.

In this subsection “provide” includes manage, maintain and improve.

[F1(2A)For the purposes of the exercise of their functions under subsection (2), the Commissioners may—

(a)form, or participate in the forming of, a body corporate,

(b)invest in a body corporate,

(c)provide loans,

(d)establish a charitable trust,

(e)act, or appoint a person to act, as an officer of a body corporate or as a trustee of a charitable trust.]

(3)The Commissioners’ powers to make byelaws under section 46 of the M1Forestry Act 1967 shall include a power to make byelaws for regulating the reasonable use by the public of the facilities described in subsection (2) above, and in relation to any such matter as is described in section 54(2) above.

(4)[F2Scottish Natural Heritage] shall have power to act as agent for the Commissioners in the exercise of their powers under subsection (2) above.

(5)The definition of “public open space” in section 9(6) of the Forestry Act 1967 shall be amended by inserting after “1949” the words “ or of Part II or section 48 of the Countryside (Scotland) Act 1967 ”.

(6)Section 41 of the Forestry Act 1967 (which relates to the Forestry Fund) shall be amended as follows—

(a)in subsection (3)(b)(i) the word “and” shall be omitted and after the words “the Plant Health Act 1967” in that subsection there shall be inserted the words—

and

(iii)the Countryside (Scotland) Act 1967;

(b)in subsection (4), after the word “Act” there shall be inserted the words “ or received by them in the exercise of their powers under the Countryside (Scotland) Act 1967 ”.

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C1The text of s. 46(4), 52(1), 58(5)(6) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

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