3The Countryside (Scotland) Act 1967 is amended as follows.
4SSubject to paragraphs 6 and 7 below, the following provisions—
(a)Part II (access to open country);
(b)sections 30 to 38 (creation, closure and diversion of public paths);
(c)section 43 (ploughing of rights of way);
(d)in section 54 (byelaws), in subsection (6), the words “or the next and succeeding section”;
(e)section 55 (default powers); and
(f)in Schedule 3 (which includes provision for making and confirming access orders under Part II), in sub-paragraph (1) of paragraph 1, the words “an access order”, in sub-paragraph (3) of that paragraph the words “an access order or” and in sub-paragraph (1A) of paragraph 2, the words from “as” to “order”, where thirdly occurring,
are repealed.
5SIn section 47 (interpretation of Part III which deals with paths, routes and rights of way) there is inserted at the end “and references to a right of way do not include references to access rights within the meaning of section 1 of the Land Reform (Scotland) Act 2003 (asp 2)”.
6SThe coming into force of the repeal of Part II does not—
(a)prevent compensation thereafter being claimed or becoming payable under section 21 of the Act (compensation for depreciation or disturbance as a result of access order to be assessed only after five years' operation of order); or
(b)otherwise affect the operation thereafter of sections 21 to 23 and 70 of that Act in relation to claims for or payment of compensation.
7SNotwithstanding the repeal of section 30 to 38, those sections continue to have effect—
(a)to the extent that the rights and facilities afforded to the public under those sections are not secured by section 1 above;
(b)in relation to land in respect of which access rights are, under section 6 above, not exercisable; and
(c)in relation to rights of way.