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DRAFT LAND REFORM (SCOTLAND) BILL: Consultation Paper

draft

Subsection (3) places a duty on local authorities to take account of any views expressed by consultees and comments received during the period when any byelaws are available for inspection.

Section 14: Prohibition signs, obstructions, dangerous impediments etc.

Subsection (1) prohibits a landowner from doing certain things for the purpose (or mainly for the purpose) of preventing or deterring the exercise of the right of access. These are :putting up sign or notice; putting up any fence or wall, or planting growing or permitting to grow any hedge, tree or other vegetation; positioning or leaving at large any animal; carrying out any agricultural or other operation on that land or taking any other similar action.

Subsection (2) allows the local authority, by written statement, to ask the landowner to remove any said sign or notice or to make suitable alterations to them within a reasonable specified time.

Subsection (3) gives the local authority a similar power to that in subsection (2) to serve a landowner with written notice to take reasonable action within a reasonable time limit, to remove the risk of injury to the public from a fence, wall or other erection which, by its method of construction (e.g. the use of barbed wire or other sharp material), may be likely to cause injury to a person exercising access rights.

Subsection (4) gives power to local authorities to remove a sign where the landowner refuses to remove a sign, or take the action specified in the requirement served under subsection (3) to prevent the risk of injury to the public. The local authority can, if necessary, enter that piece of land and recover any reasonable costs incurred by acting under this Subsection, from the landowner.

Subsection (5) gives a landowner on whom a notice has been served a right of appeal to the Ministers.

Subsection (6) provides that the procedure for such an appeal, and the way it shall be disposed of, shall be prescribed by regulations.

Section 15: Expulsion and exclusion: offence provisions

Subsection (1) provides for a police constable or an authorised officer of a local authority to ask a person to leave, or not to enter a piece of land. If they have reasonable grounds to believe that the person has entered that piece of land, or has grounds to believe that the person is intending to enter that land, for those reasons listed at (a) and (b), The reasons are that the person has persistently contravened the Access Code, or is doing or intends to do something excluded by section 5.

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