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Introductory Text
Part 1 Access rights
Chapter 1 Nature and extent of access rights
1.Access rights
2.Access rights to be exercised responsibly
3.Reciprocal obligations of owners
4.Modification of sections 9, 14 and 23
5.Access rights, reciprocal obligations and other rules and rights
Chapter 2 Nature and extent of access rights: further provisions
6.Land over which access rights not exercisable
7.Provisions supplementing and qualifying section 6
8.Adjustment of land excluded from access rights
9.Conduct excluded from access rights
Chapter 3 The Scottish Outdoor Access Code
10.The Scottish Outdoor Access Code
Chapter 4 Regulation and protection of access rights
11.Power to exempt particular land from access rights
12.Byelaws in relation to land over which access rights are exercisable
Chapter 5 Local authority functions: access and other rights
13.Duty of local authority to uphold access rights
14.Prohibition signs, obstructions, dangerous impediments etc.
15.Measures for safety, protection, guidance and assistance
16.Acquisition by local authority of land to enable or facilitate exercise of access rights
17.Core paths plan
18.Core paths plan: further procedure
19.Power to maintain core paths etc.
20.Review and amendment of core paths plan
21.Delineation by agreement of paths in land in respect of which access rights exercisable
22.Compulsory powers to delineate paths in land in respect of which access rights exercisable
23.Ploughing etc.
24.Rangers
25.Local access forums
26.Power of entry
27.Guidance
Chapter 6 General and miscellaneous provisions
28.Judicial determination of existence and extent of access rights and rights of way
29.Powers to protect natural and cultural heritage etc.
30.Existing byelaws providing for public access to land
31.Application of sections 14 and 15 to rights of way
32.Interpretation of Part 1
Part 2 The community right to buy
Chapter 1 General extent of community right to buy
33.Registrable land
34.Community bodies
35.Provisions supplementary to section 34
36.Register of Community Interests in Land
Chapter 2 Registration of interests
37.Registration of interest in land
38.Criteria for registration
39.Procedure for late applications
40.Effect of registration
41.Provisions supplementary to and explanatory of section 40
42.Power to modify sections 40(4) and (5) and 41
43.Anti-avoidance provisions
44.Duration and renewal of registration
45.Deletion of community interest in land
46.Re-registration of community interest
Chapter 3 Activation of right to buy
47.Activation of right to buy
48.Duties on owner, or creditor, proposing to transfer land
49.Procedure following receipt of notice under section 48
50.Power to activate right to buy land where breach of this Part
Chapter 4 Procedure after activation of right to buy
51.Exercise of right to buy: approval of community and consent of Ministers
52.Ballot procedure
53.Provisions supplementary to section 51: salmon fishings and minerals
54.Declinature or extinction of right to buy
55.Right to buy same land exercisable by only one community body
56.Procedure for buying
57.Powers of Lands Tribunal in event of failure or delay
58.Procedure where right to buy activated by virtue of notice under section 50(3)
Chapter 5 Valuation of land
59.Assessment of value of land
60.Procedure for valuation
Chapter 6 Appeals
61.Appeals
62.Appeals to Lands Tribunal: valuation
63.Compensation
64.Compensation appeals
Chapter 7 General and miscellaneous provisions
65.Effect of right to buy on other rights
66.Amendment of Land Registration (Scotland) Act 1979
67.Construction of references to land in which community interest registered
Part 3 The crofting community right to buy
Chapter 1 General extent of crofting community right to buy
68.Land which may be bought: eligible croft land
69.Land which may be bought: salmon fishings and mineral rights
69A.Land which may be bought: interest of tenant over land
70.Land which may be bought in addition to eligible croft land
71.Crofting community bodies
72.Provisions supplementary to section 71
Chapter 2 Exercise of right to buy
73.Application by crofting community body for consent to buy croft land etc.
74.Criteria for consent by Ministers
75.Ballot to indicate approval for purposes of section 74(1)(m)
76.Right to buy same croft land exercisable by only one crofting community body
77.Reference to Land Court of purchase of eligible additional land without owner’s consent
78.Modification of section 77(3)(a) to (e)
79.Additional land included at request of owner
80.Consent conditions
81.Reference to Land Court of questions on applications
82.Notification of Ministers' decision on application
83.Leaseback to owner of sporting interests
84.Effect on other rights of Ministers' decision on right to buy
85.Confirmation of intention to proceed with purchase and withdrawal
86.Completion of purchase
87.Completion of transfer
Chapter 3 Valuation of croft land
88.Assessment of value of croft land etc.
88A.Acquisition of interest of tenant over land: allocation of rents etc.
89.Compensation
90.Grants towards crofting community bodies' liabilities to pay compensation
Chapter 4 Appeals
91.Appeals
92.Appeals to Land Court: valuation
93.Agreement as to matters referred or appealed
Chapter 5 General and miscellaneous provisions
94.Register of Crofting Community Rights to Buy
95.Avoidance of disposal other than to crofting community body
96.Limitation on effect of this Part
97.Scottish Land Court
97A.Construction of certain references to “tenant”
Part 4 General and supplementary
98.General and supplementary provisions
99.Amendments, repeals and savings
100.Short title, Crown application and commencement
SCHEDULE 1
Path orders
Procedure
1.Procedure
2.That notice shall specify— (a) a time, being not later...
3.If no such objections are made or any made are...
4.If, however, an objection is made and not withdrawn, the...
5.Ministers— (a) may; and (b) if any objection made is...
6.Ministers shall, after considering the report of that person, either...
7.On its confirmation, the path order shall have effect.
8.As soon as a path order has effect, the local...
Statutory undertakings
9.Statutory undertakings
10.Such consent shall not be unreasonably withheld and any question...
11.The operator of any electronic communications code network for the...
12.Paragraph 1(2) of the electronic communications code(alteration of apparatus to...
13.Paragraph 21 of that code (restriction on removal of apparatus)...
SCHEDULE 2
Amendment and repeal of enactments
Trespass (Scotland) Act 1865 (c. 56)
1.Section 3 (which creates the offence of occupying or camping...
Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 (c. 42)
2.In section 1(1) of the Acquisition of Land (Authorisation Procedure)...
Countryside (Scotland) Act 1967 (c. 86)
3.Countryside (Scotland) Act 1967 (c. 86)
4.Subject to paragraphs 6 and 7 below, the following provisions—...
5.In section 47 (interpretation of Part III which deals with...
6.The coming into force of the repeal of Part II...
7.Notwithstanding the repeal of section 30 to 38, those sections...
Civic Government (Scotland) 1982 (c. 45)
8.The Civic Government (Scotland) Act 1982 is amended as follows—...
Public Order Act 1986 (c. 64)
9.In section 14A (prohibiting trespassory assemblies) of the Public Order...
Criminal Justice and Public Order Act 1994 (c. 33)
10.Criminal Justice and Public Order Act 1994 (c. 33)
11.After section 61(4) (circumstances in which persons who, although not...
12.In section 64 (which, amongst other things, confers powers on...
13.In section 68 (offence of aggravated trespass) after subsection (1)...
The Conservation (Natural Habitats, Etc.) Regulations 1994 (S.I. 1994/2716)
14.The Conservation (Natural Habitats, Etc.) Regulations 1994 (S.I. 1994/2716)
15.In regulation 3(2) there is inserted at the end— “...
16.After regulation 69 there is inserted— Core and other paths...
Town and Country Planning (Scotland) Act 1997 (c. 8)
17.After subsection (3) of section 208 of the Town and...