Countryside (Scotland) Act 1967

SCHEDULES

Section 1.

SCHEDULE 1 S Constitution and Proceedings of the Commission

1 The Commission shall be a body corporate and shall have a common seal.

2 (1) Subject to the provisions of this paragraph, a member of the Commission, and the chairman shall hold and vacate office as such in accordance with the terms of his appointment.

(2) A member may by notice in writing addressed to the Secretary of State resign his membership, and the chairman may by the like notice resign his office as such.

(3) The Secretary of State may remove a person from membership if satisfied that he—

(a) has had his estate sequestrated or has made a trust deed for behoof of his creditors or a composition contract;

(b) is incapacitated by physical or mental illness;

(c) has been absent from meetings of the Commission for a period longer than six consecutive months otherwise than for a reason approved by the Secretary of State; or

(d) is otherwise unable or unfit to discharge the function of a member, or is unsuitable to continue as a member.

(4) If the chairman ceases to be a member of the Commission he shall cease to be chairman.

(5) A person who ceases to be a member or ceases to be chairman shall be eligible for re-appointment.

3 (1) The Commission may pay to any of the members of the Commission such remuneration and such reasonable allowances in respect of—

(a) expenses properly incurred in the performance of their duties,

(b) loss of remunerative time, or

(c) additional expenses (other than as aforesaid) necessarily incurred by them for the purpose of enabling them to perform their duties, being expenses to which they would not otherwise have been subject,

as the Secretary of State may, with the approval of the Treasury, determine.

(2) The Commission may pay such pension, allowance or gratuity to or in respect of any member of the Commission . . . F1 or make such payments towards the provision of such a pension, allowance or gratuity, as the Secretary of State may, with the approval of the Treasury, determine.

[F2 (3) Where a person ceases to be a member otherwise than on the expiry of his term of office and it appears to the Secretary of State that there are special circumstances which make it right for him to receive compensation, the Commission may make to him a payment of such amount as the Secretary of State may, with the consent of [F3 the Treasury] determine].

Textual Amendments

F1 Words repealed by Countryside (Scotland) Act 1981 (c. 44, SIF 46:1), Sch. 2

F2 Sch. 1 para. 3(3) added Countryside (Scotland) Act 1981 (c. 44, SIF 46:1), s. 13(1)

F3 Words substituted by virtue of S.I. 1981/1670 arts 2(1)(d), 3(5)

4 The Commission—

(a) may appoint such officers and servants and pay to them such remuneration and allowances as the Commission may, with the approval of the Secretary of State and the Treasury, determine, and

(b) shall, in the case of such of their officers and servants as may be determined by the Commission with the approval of the Secretary of State, pay to or in respect of them such pensions or gratuities, or provide and maintain for them such pension schemes (whether contributory or not) as may be so determined.

[F4 (c) may pay to or in respect of any of its officers or servants who suffers loss of office or employment otherwise than on retirement such pension, allowance or gratuity by way of compensation as the Secretary of State may, with the consent of [F5 the Treasury], determine]

Textual Amendments

F4 Sch. 1 para. 4(c) added by Countryside (Scotland) Act 1981 (c. 44, SIF 46:1), s. 13(2)

F5 Words substituted by virtue of S.I. 1981/1670, arts. 2(1)(d), 3(5)

5 Subject to the following provisions of this Schedule, the Commission shall have power to regulate their own procedure (including the manner in which matters subject to the determination of the Commission are to be determined by or on behalf of the Commission), and that of any committee appointed by them.

6 The quorum at meetings of the Commission shall be four or such larger number as the Commission may from time to time determine, and if at any meeting of the Commission the votes are equally divided on any question, the person acting as chairman of the meeting shall have a second or casting vote.

7 The proceedings of the Commission shall not be invalidated by any vacancy in the membership of the Commission or by any defect in the appointment of any member thereof.

8 (1) If a member of the Commission has any pecuniary interest, direct or indirect, in any contract or proposed contract or other matter, and is present at a meeting of the Commission at which the matter is the subject of consideration, he shall disclose the fact, and he shall not take part in the consideration or discussion of, or vote on, any question with respect to the matter, but he may nevertheless be taken into account for the purpose of constituting a quorum.

(2) A general notice given in writing by a member of the Commission to the officer designated by the Commission to receive it, stating that he is a member of or in the employment of a specified company or other body, or that he is a partner or in the employment of a specified person, or that he has an interest in any specified land, shall, unless and until the notice is withdrawn, be deemed to be a sufficient disclosure of his interest in any matter relating to that company, body or person or land which may be the subject of consideration after the date of the notice.

(3) Any disclosure made under sub-paragraph (1) of this paragraph shall be recorded in the minutes of the meeting at which it is made; and any notice given under sub-paragraph (2) thereof shall be recorded in a book to be kept for the purpose.

9 The application of the seal of the Commission to any document shall be attested by at least one member of the Commission and by the person for the time being acting as secretary of the Commission.

10 Every document purporting to be an instrument issued by the Commission and to be sealed and attested as aforesaid or to be signed on behalf of the Commission shall be received in evidence and shall be deemed to be such an instrument without further proof unless the contrary is shown.

Section 11.

SCHEDULE 2 S General Restrictions to be observed by persons having access by virtue of Part II of this Act to land which is or which gives or forms part of access to Open Country

Section 11(1) of this Act shall not apply to a person who, upon the land in question, commits any crime or offence, or who without lawful authority,—

(a)

drives or rides any vehicle;

(b)

lights any fire or does any act which is likely to cause a fire;

(c)

takes, or allows to enter or remain, any dog not under proper control;

(d)

wilfully kills, takes or molests any animal, bird or fish or takes or injures any eggs or nests;

(e)

bathes in any non-tidal water in contravention of a notice displayed near the water prohibiting bathing, being a notice displayed, and purporting to be displayed, with the approval of the local planning authority;

(f)

engages in any operations of or connected with hunting, shooting, fishing, snaring, taking or destroying of animals, birds or fish, or brings or has any engine, instrument or apparatus used for hunting, shooting, fishing, snaring, taking or destroying animals, birds or fish;

(g)

wilfully damages the land or anything thereon or therein;

(h)

obstructs the flow of any drain or watercourse, opens, shuts or otherwise interferes with any sluice-gate or other apparatus, or neglects to shut any gate or to fasten it if any means of so doing is provided;

(i)

affixes or writes any advertisement, bill, placard or notice;

(j)

deposits any rubbish or leaves any litter;

(k)

wantonly disturbs, annoys or obstructs any person engaged in any lawful occupation.

Sections 14, 31, 34 and 35.

SCHEDULE 3 S Provisions as to Making Confirmation, Coming into Operation and Validity of Certain Orders

Modifications etc. (not altering text)

C1 Sch. 3 extended by Post Office Act 1969 (c. 48), Sch. 4 para. 93(1)(xxvii) and Civil Aviation Act 1971 (c. 75), Sch. 5 para. 5(x)

Part I S Provisions for Making and Confirming Access Orders and Certain Orders relating to Public Paths

1 (1) Before [F6 an authority make] an access order, a public path creation order, a public path extinguishment order or a public path diversion order [F7 they] shall give notice in the prescribed form—

[F8 (a) stating the general effect of the order and that it is about to be made and, subject to paragraph 2(1A) of this Schedule, submitted for confirmation,]

(b) naming a place in the area in which the land to which the order relates is situated where a [F9 draft] of the order and of the map referred to therein may be inspected free of charge at all reasonable hours, and

(c) specifying the time (not being less than twenty-eight days from the date of the first publication of the notice) within which, and the manner in which, representations or objections with respect to the [F10 draft] order may be made.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11

(3) The notices to be given under [F12 sub-paragraph (1) above] shall be given—

(a) in the case of an access order or a public path creation order, by publication in at least one local newspaper circulating in the area in which the land to which the order relates is situated, and by serving a like notice on every owner, occupier and tenant (except tenants for a month or any period less than a month and statutory tenants within the meaning of [F13 the M1 Rent (Scotland) Act 1971] of any of that land, so however that—

(i) except in the case of an owner, occupier or tenant being a local authority, local planning authority or statutory undertaker, the Secretary of State may in any particular case direct that it shall not be necessary to serve notice as aforesaid if in his opinion it is not reasonably practicable to do so, but

(ii) if the Secretary of State so directs in the case of any land, then in addition to publication the notice shall be addressed to “the owners and any occupiers” of the land (describing it) and a copy or copies of it shall be affixed to some conspicuous object or objects on the land;

(b) in the case of a public path extinguishment order or a public path diversion order, by publication and the service of notices as mentioned in head (a) of this sub-paragraph and also—

(i) by serving such a notice as is therein mentioned on every local authority and local planning authority whose area includes any of the land to which the order relates, and

(ii) by causing a copy of the notice to be displayed in a prominent position at the ends of so much of any public path as is to be closed or diverted by virtue of the order.

Textual Amendments

F6 Words inserted by Local Government and Planning (Scotland) Act 1982 (c. 43, SIF 81:2), Sch. 3 para. 11(a)(i)

F7 Word substituted by Local Government and Planning (Scotland) Act 1982 (c. 43, SIF 81:2), Sch. 3 para. 11(a)(ii)

F8 Sch. 3 para. 1(1)(a) substituted by Local Government and Planning (Scotland) Act 1982 (c. 43, SIF 81:2), Sch. 3 para. 11(a)(iii)

F9 Word substituted by Local Government and Planning (Scotland) Act 1982 (c. 43, SIF 81:2), Sch. 3 para. 11(a)(iv)

F10 Word inserted by Local Government and Planning (Scotland) Act 1982 (c. 43, SIF 81:2), Sch. 3 para. 11(a)(v)

F11 Sch. 3 para. 1(2) repealed by Local Government and Planning (Scotland) Act 1982 (c. 43, SIF 81:2), Sch. 4 Pt. I

F12 Words substituted by Local Government and Planning (Scotland) Act 1982 (c. 43, SIF 81:2), Sch. 3 para. 11(c)

F13 Words substituted by virtue of Interpretation Act 1978 (c. 30), s. 17(2)(a)

Marginal Citations

M1 1971 c. 28.

2 [F14 (1A) If an authority have given notice under paragraph 1(1) above as regards a public path creation order, a public path extinguishment order of a public path diversion order, and no representations or objections are duly made in terms of paragraph 1(1)(c) of this Schedule or if any so made are withdrawn, then, subject to the provisions of Part II of this Schedule, the order shall on being made by them have effect without their having to submit it to the Secretary of State and without his confirmation.] S

[F15 (1) In the case of an order other than one which has effect under sub-paragraph (1A) above, if] no representations or objections are duly made [F16 in terms of sub-paragraph (1)(c) of paragraph 1 of this Schedule], or if any so made are withdrawn, the Secretary of State may, if he thinks fit, confirm . . . F17 the order . . . F17 with or without modifications or conditions.

(2) If any representation or objection duly made is not withdrawn, the Secretary of State shall, before confirming . . . F17 the order, either—

(a) cause a local inquiry to be held, or

(b) afford to any person by whom any representation or objection has been duly made and not withdrawn an opportunity of being heard by a person appointed by him for the purpose.

and, after considering the report of the person appointed to hold the inquiry or to hear representations or objections, may confirm . . . F17 the order . . . F17 with or without modifications or conditions:

Provided that [F18 , where objection is made by statutory undertakers to a public path creation order or a public path diversion order,] on the ground that the order provides for the creation of a right of way over land covered by works used for the purposes of their undertaking or the curtilage of such land, and the objection is not withdrawn, the order shall be subject to special parliamentary procedure.

(3) Notwithstanding anything in the foregoing provisions of this paragraph, the Secretary of State shall not confirm . . . F17 an order so as to affect land not affected by the order as submitted to him . . . F17 except after—

(a) giving such notice as appears to him requisite of his proposal so to modify the order, specifying the time (not being less than twenty-eight days from the date of the first publication of the notice) within which, and the manner in which, representations or objections with respect to the proposal may be made,

(b) holding a local inquiry or affording to any person by whom any representation or objection has been duly made and not withdrawn an opportunity of being heard by a person appointed by him for the purpose, and

(c) considering the report of the person appointed to hold the inquiry or to hear representations or objections, as the case may be,

and [F19 , where objection is made by statutory undertakers to a public path creation order or a public path diversion order,] on the ground that the order as modified would provide for the creation of a right of way over land covered by works used for the purposes of their undertaking or the curtilage of such land, and the objection is not withdrawn, the order shall be subject to special parliamentary procedure.

Textual Amendments

F14 Sch. 3 para. 2(1A) added by Local Government and Planning (Scotland) Act 1982 (c. 43, SIF 81:2), Sch. 3 para. 11(d)(i)

F15 Words substituted by Local Government and Planning (Scotland) Act 1982 (c. 43, SIF 81:2), Sch. 3 para. 11(d)(ii)

F16 Words inserted by Local Government and Planning (Scotland) Act 1982 (c. 43, SIF 81:2), Sch. 3 para. 11(d)(ii)

F17 Words repealed by Local Government and Planning (Scotland) Act 1982 (c. 43, SIF 81:2), Sch. 4 Pt. I

F18 Words substituted by Local Government and Planning (Scotland) Act 1982 (c. 43, SIF 81:2), Sch. 3 para. 11(d)(v)

F19 Words substituted by Local Government and Planning (Scotland) Act 1982 (c. 43, SIF 81:2), Sch. 3 para. 11(d)(v)

3 (1) Subject to the provisions of this Part of this Schedule, the procedure on the submission and confirmation of orders to which this Schedule applies shall be such as may be prescribed. S

(2) Provision may be prescribed for enabling proceedings preliminary to the confirmation of a public path extinguishment order to be taken concurrently with proceedings preliminary to the confirmation of a public path creation or a public path diversion order.

Part II S Validity and Date of Operation of Orders to which this Schedule applies

4 As soon as may be after an order to which this Schedule applies has been confirmed . . . F20 by the Secretary of State [F21 or, in the case of an order which has effect under paragraph 2(1A) of this Schedule, has made by an authority], the authority by whom the order was made, . . . F20 shall publish, in the manner required in relation to the class of order in question by paragraph 1(3) of this Schedule, a notice in the prescribed form describing the general effect of the order, stating that it has been confirmed or made, and naming a place where a copy thereof as confirmed or made may be inspected free of charge at all reasonable hours, and—

(a) where under the said sub-paragraph (3) notice was required to be served, shall serve a like notice and a copy of the order as confirmed or made on any persons on whom notices were required to be served under that sub-paragraph; and

(b) where under the said sub-paragraph (3) a notice was required to be displayed, shall cause a like notice to be displayed in the like manner as the notice required to be displayed under that sub-paragraph:

Provided that no such notice or copy need be served on a person unless he has sent to the authority . . . F20 a request in that behalf specifying an address for service.

Textual Amendments

F20 Words repealed by Local Government and Planning (Scotland) Act 1982 (c. 43, SIF 81:2), Sch. 4 Pt. I

F21 Words inserted by Local Government and Planning (Scotland) Act 1982 (c. 43, SIF 81:2), Sch. 3 para. 11(e)(ii)

5 S If a person aggrieved by an order to which this Schedule applies desires to question the validity thereof, or of any provision contained therein, on the ground that it is not within the powers of this Act or on the ground that any requirement of this Act or of regulations made thereunder has not been complied with in relation thereto, he may, within six weeks from the date on which the notice required by the last foregoing paragraph is first published, make an application for the purpose to the Court of Session.

6 S On any such application as aforesaid, the Court—

(a) may by interim order suspend the operation of the order, or of any provision contained therein, either generally or in so far as it affects any property of the applicant, until the final determination of the proceedings; and

(b) if satisfied that the order, or any provision contained therein, is not within the powers of this Act or that the interests of the applicant have been substantially prejudiced by failure to comply with any such requirement as aforesaid, may quash the order or any provision contained therein, either generally or in so far as it affects any property of the applicant.

7 S Subject to the provisions of the last foregoing paragraph, an order to which this Schedule applies shall not, either before or after it has been made or confirmed, be questioned in any legal proceedings whatever, and shall become operative on the date on which the notice required by paragraph 4 above is first published, or on such later date as may be specified in the order.

8 S In relation to any order to which this Schedule applies, being an order which is subject to special parliamentary procedure, the foregoing provisions of this Schedule shall have effect subject to the following modifications—

(a) if the order is confirmed by Act of Parliament under section six of the M2 Statutory Orders (Special Procedure) Act 1945, paragraphs 5 to 7 shall not apply; and

(b) in any other case, paragraph 5 shall have effect as if, for the reference therein to the date on which the notice required by paragraph 4 is first published, there were substituted a reference to the date on which the order becomes operative under the said Act of 1945, and paragraph 7 shall have effect as if the words from “and shall become operative” to the end of the paragraph were omitted.

Marginal Citations

M2 1945 c. 18.

[F22 Schedule 4 S Provisions as to the Calculation for Fixing Consideration in Respect of the Making of Access Agreements.

Textual Amendments

F22 Schedule 4 inserted by Countryside (Scotland) Act 1981 (c. 44, SIF 46:1), s. 3(2)

(1) S The district valuer shall value the land covered by the access agreement, as at the first day of the twelve month period to which the consideration will relate, assuming—

(a) a sale on the open market by a willing seller; and

(b) that the use of the land is unfettered by the access agreement.

(2) The planning authority shall, before or as soon as possible after the coming into operation of the access agreement, agree with the owner of the interest in the land what proportion of the figure set by the district valuer should be paid by the planning authority in respect of each twelve month period.

(3) S The first twelve month period shall begin on the day on which the public is first given access to the land under the agreement.]