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DRAFT LAND REFORM (SCOTLAND) BILL: Consultation Paper

draft

Subsection (8) requires SNH to keep the Code under review.

Subsection (9) clarifies that subsections (2)-(7) applies to modifications of the Code as they apply to the Code itself.

CHAPTER 4 REGULATION OF ACCESS RIGHTS

Section 8: Emergency suspension of access rights

This section gives local authorities the power to make an order suspending the right of access in cases of emergencies, such as extreme weather, where there is sufficient risk to the health and safety of persons, or of damage to property. These orders will take effect immediately and can remain in force for 14 days or more, subject to the Scottish Minister's approval. The local authority must give public notice of any order and its effect, where practicable, in the circumstances.

Section 9: Suspension of access rights by owner of land

Subsection (1) allows the landowner to suspend the exercise of access rights over land on which access rights are excisable in the circumstances specified in subsection (4) for so long as these circumstances exist.

Subsection (2) confirms that a suspension has no effect unless a sign has been placed in or beside the land specifying the requirements listed in (a) to (c).

Subsection (3) requires the signs placed on land under subsection (2) to be of a number, prominence, content and in such locations as to give those likely to use access rights over the land reasonable notice of their effect, and also requires the landowner to remove any sign, when the circumstance for which the sign was erected no longer exists.

Subsection (4) confirms the circumstances for which a landowner can erect a sign under this section to suspend the exercise of access rights.

Section 10: Power to exempt particular land and exclude particular conduct from access rights

Subsection (1) lays out the power being given to local authorities to exempt, in certain circumstances, by way of an order, particular land or to exclude particular conduct from the right of access, and to specify the duration of such an order. The circumstances are listed at subsection (1) (a)-(d).

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