Local Government (Footpaths and Open Spaces) (Scotland) Act 1970

1 Power of local authority to take over footpaths associated with development.

(1) A local authority may enter into an agreement—

(a) with any owner of land associated with or forming part of a development on which there is or is to be constructed a footpath associated with that development, or

(b) where a person other than the owner of the land is or will be responsible for the maintenance or construction of such a footpath, with that other person,

whereby, if the footpath is made up to the satisfaction of the authority, they shall take over the control and maintenance of the footpath.

(2) Where any owner, or other person, who is a party to such an agreement as is mentioned in the foregoing subsection has failed within such reasonable period as is specified by the local authority to make up the footpath to the authority's satisfaction, they may themselves carry out the work and recover the necessary expenses from that owner, or other person, as the case may be.

(3) Where the local authority are of the opinion that it is not reasonably practicable for them to enter into such an agreement as is mentioned in subsection (1) of this section, they may declare that the footpath is now under their control, and thereafter the footpath shall be controlled and maintained by them:

Provided that the local authority shall not exercise the power conferred on them by this subsection unless they have taken all reasonable steps to ascertain the identity of every owner of the footpath and have obtained the consent of at least a majority of those owners whose identity they have ascertained.