42 Variation of approved proposals.S
(1)Where proposals relating to a long-distance route have been approved by the Secretary of State under section 40 above, [F1Scottish Natural Heritage] may from time to time prepare and submit to the Secretary of State a report proposing any such variation of the approved proposals as [F1Scottish Natural Heritage] may think fit.
(2)Where, as respects any proposals approved as aforesaid, it appears to the Secretary of State, after consultation with [F1Scottish Natural Heritage], expedient that the proposals should be varied in any respect and [F1Scottish Natural Heritage] have not submitted to the Secretary of State a report proposing that variation, the Secretary of State may direct that the proposals shall be so varied.
(3)Where an authority have found it impracticable to implement any part of any proposals approved as aforesaid, they shall so inform [F1Scottish Natural Heritage] and shall submit to [F1Scottish Natural Heritage] a report proposing such variations of the approved proposals as they may think fit.
(4)Section 39(4) and 40 above shall with the necessary modifications apply to a report or direction under this section; and section 39(5) above shall with the necessary modifications apply to any such report.
(5)Where the Secretary of State approves, with or without modifications, any proposals contained in a report under subsection (1) above, or gives a direction under subsection (2) above, the proposals for the variation of which the report was made or direction given shall thereafter have effect subject to the provisions of the report or direction; and references in this Act to approved proposals relating to a long-distance route shall be construed accordingly.
Textual Amendments
F1Words in s. 42 substituted (01.04.1992) by Natural Heritage (Scotland) Act 1991 (c. 28, SIF 46:1 ), s. 14(3); S.I. 1991/2633, art.4.