Land Reform (Scotland) Act 2003

20 Review and amendment of core paths plan S

[F1 (1) A local authority—

(a) must review the plan adopted under section 18 (or that plan as amended under this section or section 20C) if Ministers require them to do so,

(b) may review such a plan if they consider it appropriate to do so for the purpose of ensuring that the core paths plan continues to give the public reasonable access throughout their area.]

(2) Where, following a review of a plan under subsection (1) above, the local authority consider that—

(a) a core path should be removed from the plan; or

(b) the line of a core path, or part of that line, should be diverted,

the authority may amend the plan by removing the core path from the plan or, as the case may be, by diverting the line of the core path on the plan.

(3) The local authority may not amend the plan under subsection (2) above unless they are satisfied that it is expedient so to do having regard to—

(a) the extent to which it appears to them that persons would, but for the amendment, be likely to exercise access rights using the core path; and

(b) the effect which the amendment of the plan would have as respects land served by the core path.

(4) Where the local authority stop up, or divert, a core path by order under section 208 of the Town and Country Planning (Scotland) Act 1997 (c. 8) they shall amend their plan accordingly.

[F2 (5) On adopting the amended plan under subsection (4), the local authority must—

(a) amend the list of core paths compiled under section 18(8) to show the effect of the stopping up or diversion,

(b) keep the amended plan, any maps it refers to and the list available for public inspection and for sale at a reasonable price, and

(c) send a copy of each of those documents to Ministers.]

(6) Where, following a review of a plan under subsection (1) above, the local authority consider that the plan should be amended so as to include a further path, waterway or other means of crossing land such as is mentioned in section 17(2) above, the authority shall draw up an amended plan.

(7) [F3 Subsections (3) and (4) of section 17] apply in relation to a plan drawn up under subsection (6) above as they apply to a plan drawn up under section 17(1) above.

Textual Amendments

F1 S. 20(1) substituted (31.12.2016) by Land Reform (Scotland) Act 2016 (asp 18), ss. 83(3)(a), 130(1) (with s. 128); S.S.I. 2016/372, reg. 2

F2 S. 20(5) substituted (31.12.2016) by Land Reform (Scotland) Act 2016 (asp 18), ss. 83(3)(b), 130(1) (with s. 128); S.S.I. 2016/372, reg. 2

F3 Words in s. 20(7) substituted (31.12.2016) by Land Reform (Scotland) Act 2016 (asp 18), ss. 83(3)(c), 130(1) (with s. 128); S.S.I. 2016/372, reg. 2 (with reg. 3)