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Countryside (Scotland) Act 1967

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60 Extension of powers of Secretary of State as respects certain land held by him.S

(1)Notwithstanding anything contained in the enactments mentioned in subsection (7) below the Secretary of State may, as respects land to which this section applies, exercise the powers conferred on the Forestry Commissioners by section 58(2) of this Act.

(2)The Secretary of State may make byelaws for regulating the reasonable use by the public of land to which this section applies and facilities made available thereunder, and in relation to any such matter as is described in section 54(2) above.

(3)Before making any byelaws under this section the Secretary of State shall cause the proposed byelaws to be made known in the locality to which they relate, shall give an opportunity for objections being made to the proposed byelaws, shall receive and consider all objections made and may if he considers it necessary or desirable cause a local inquiry to be held.

(4)When such byelaws are made the Secretary of State shall cause them to be published in such manner as appears to him to be necessary to make them known to persons in the locality to which they relate, and shall on application furnish to any person a copy of the byelaws on payment of such [F1reasonable sum] as he may determine.

(5)A byelaw made under this section shall be deemed to be a regulation within the meaning of the M1Documentary Evidence Act 1868 and may be proved accordingly.

(6)If anyone fails to comply with, or acts in contravention of, any byelaw made under this section he shall be guilty of an offence and be liable on summary conviction to a fine not exceeding [F2level 2 on the standard scale].

(7)This section applies to land held by the Secretary of State under or for the purposes of any of the following enactments—

(a)the M2Congested Districts (Scotland) Act 1897;

(b)the M3Sailors and Soldiers (Gifts for Land Settlement) Act 1916;

(c)the Small Holding Colonies Acts 1916 and 1918;

(d)the M4Land Settlement (Scotland) Act 1919;

(e)(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

(g)the M5Agriculture (Scotland) Act 1948;

(h)the M6Forestry Act 1967,

but does not apply to land which for the time being is placed by the Secretary of State at the disposal of the Forestry Commissioners under the said Act of 1967.

(8)[F4Scottish Natural Heritage] shall have power to act as agent for the Secretary of State in the exercise of his powers under subsection (1) above.

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