Land Reform (Scotland) Act 2003

SCHEDULE 1 Path orders

(introduced by section 22(8))

Procedure

1 Before making a path order, the local authority shall give notice of their intention to do so, together with a copy of the proposed order, to the owner of the land within which is the path proposed for delineation by the order (the “owner”).

2 That notice shall specify—

(a) a time, being not later than 28 days after the giving of the notice, within which; and

(b) the manner in which,

objections to the proposed order may be made by the owner to the local authority.

3 If no such objections are made or any made are withdrawn, and the local authority make the order, it shall have effect.

4 If, however, an objection is made and not withdrawn, the order if made shall not have effect unless confirmed by Ministers.

5 Ministers—

(a) may; and

(b) if any objection made is not withdrawn, shall,

afford the owner an opportunity of being heard by a person appointed by Ministers for the purpose.

6 Ministers shall, after considering the report of that person, either confirm or decline to confirm the order and, where they confirm it, may do so with modifications.

7 On its confirmation, the path order shall have effect.

8 As soon as a path order has effect, the local authority shall give notice of that fact to the owner together with a copy of the order.

Statutory undertakings

9 No path order shall be made which would delineate a path over land in or over which there is apparatus belonging to or used by any statutory undertaker for the purpose of the undertaking unless the undertaker has consented to the making of the order.

10 Such consent shall not be unreasonably withheld and any question whether it is so withheld shall be determined by Ministers.

11 The operator of any telecommunications code system for the purposes of which apparatus was kept installed in, under or over a path immediately before the path creation order which delineated the path was revoked retains after that revocation the same powers as before it; but the owner is entitled to require the alteration of the apparatus.

12 Paragraph 1(2) of the telecommunications code (alteration of apparatus to include moving, removal or replacement of apparatus) applies for the purposes of paragraph 11 above as it applies for the purposes of the code.

13 Paragraph 21 of that code (restriction on removal of apparatus) applies in relation to any entitlement conferred by paragraphs 11 and 12 above to require the alteration, moving or replacement of any telecommunications apparatus as it applies in relation to an entitlement to require the removal of any such apparatus.