Section 20: Delineation by agreement of paths in land over which access rights exercisable

This section allows local authorities to enter into a management agreement ("a path agreement"), with any person who has the relevant powers specified in subsection (1) for the purposes of delineation, creation, and maintenance of a path within land over which access rights are excisable.

Subsections (2) to (4) detail the terms and conditions of any payments due, the requirement that any agreement should have sufficient description of the land to enable it to be recorded in the Registers of Sasines, or entered in the Land Register of Scotland. It is the duty of local authorities that any agreement is recorded or entered, as appropriate.

Section 21: Compulsory powers to delineate paths in land over which access rights exercisable

This section gives local authorities the power, where it considers it expedient, to delineate a path, where they feel it is necessary in circumstances listed at subsection (2), over land in respect of which access rights are exercisable. In doing so they must have regard to the interests and rights of the owner of such land, and the interests and rights of persons likely to exercise those rights.

Subsection (2) provides that these circumstances are where it is felt that it is impracticable to delineate a path by way of an agreement.

Subsection (3) places a duty on local authorities to create and maintain any new path and to maintain any existing one.

Subsection (4) allows local authorities to revoke any path order.

Subsection (5) provides that a path order shall be in a form, which will be prescribed and must contain a map showing the delineation of the path.

Subsection (6) permits the local authority to authorise any person to enter on land, for the purpose of this section; to carry out the work specified in this subsection.

Subsection (7) provides that, where access rights defined in this Bill become exercisable on a path created under sections 30 to 36 of the Countryside (Scotland) Act 1967, as a result of the provisions of this Bill, then any such path creation agreement, public path order or public path diversion order, will be treated as a public path agreement or path order, for the purposes of the exercise of access rights.

Subsection (8) refers to schedule 1 for further provision on the procedure for public path orders.