Subsection (2) provides that where that person refuses to leave the land when asked by the constable he or she is guilty of an offence and liable on summary conviction to a fine, not exceeding level 1 on the standard scale.

Section 16: Exclusion orders

Subsection (1) gives local authorities the power to exclude a person, by way of an exclusion order. This is in the case where that local authority reasonably believes that a person has persistently contravened the Scottish Outdoor Access Code, or while exercising the right of access has done any thing listed in section 5 and therefore exceeds their rights.

Subsection (2) provides for the restrictions placed on any person served with an order made under subsection (1) in relation to land or activities specified in the order.

Subsection (3) provides that the commencement date of such an order should not be less than 14 days from the date the order is made.

Subsection (4) requires a local authority to give the person who is being served by an order, notice of the order being made, its effect and the reasons why they are being served with the order. It also requires local authorities to inform the person of their right, to make representations under subsection (5).

Subsection (5) allows that person, on whom the order has been served, to make written or oral representations to the local authority.

Subsection (6) requires the local authority that has made an order to suspend it, should they receive representations after it has been made. They shall consider any representation and, then confirm or revoke that order.

Subsections (7) and (8) confirms that the duration of an order made under subsection (1) should be specified in the order and that it should not exceed one year, and that the local authority may, at any time, reduce the duration of or revoke the order completely.

CHAPTER 5 LOCAL AUTHORITY FUNCTIONS

Section 17: General power to uphold access rights

This section gives the local authorities power to assert, protect and keep open routes or other means over which access rights can reasonably be exercised. This includes the power to institute and defend any legal proceedings and to take any such steps, as they think expedient in pursuance of this power.