Land Reform (Scotland) Act 2003 Explanatory Notes

Section 20: Review and amendment of core paths plan

86.Subsection (1) requires a local authority to review the adopted core path plan when they consider appropriate and when required to do so by Ministers.

87.Subsection (2) allows a local authority to amend their core path plan where they consider that a core path should be closed or diverted. Subsection (3) provides that a plan cannot be so amended unless the local authority, having had regard to the extent to which persons would, but for the amendment, be likely to exercise access rights using the core path and the effect which the amendment of the plan would have with regard to land served by that core path, consider it expedient to make the amendment.

88.Subsection (4) provides that, where a core path is stopped up or diverted by order under section 208 the Town and Country Planning (Scotland) Act 1997 (c.8), the local authority must amend their plan accordingly.

89.Subsection (5) requires a local authority on amending their core paths plan, to give public notice of the plan as amended and to compile an amended list of core paths. The amended list, plan and maps to which it refers must be made available for public inspection; copies are to be made available for sale at a reasonable price, and copies are to be provided to Ministers.

90.Subsections (6) and (7) provide that where a local authority proposes to add a new path to the core path plan then they must draw up an amended plan. When preparing this they must apply the provisions detailed in section 17(3) and (4) of this Act and carry out the consultation procedures set out in section 18 of this Act in respect of the amended plan.

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