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

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3Power of local authority to acquire or maintain certain open spaces.

A local authority may, for the purpose of preserving or improving the amenity of land forming an open space,—

(a)acquire the land by agreement, or

(b)without acquiring the land, undertake the entire or partial control and maintenance of that open space:

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

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