CHAPTER 6 GENERAL AND MISCELLANEOUS PROVISIONS

Section 29: Judicial determination of existence and extent of access rights

Subsection (1) provides that a sheriff may, on summary application from a person wishing to enter land, or a landowner, make a declaration to declare that the land specified in the application is, or is not, land where the right of access is exercisable and also, where an order has been made under section 10(1)(b) to (d), determine the extent of these rights, and whether or not the right or activity specified in the application is, or is not, permissible as part of the access rights on that piece of land.

Subsections (2)-(6) outline the proceedings for a declaration under this section, confirm on whom the summary application should be served on, and that a local authority are entitled to be party to any proceedings for a declaration. Subsection (5) highlights that where a landowner is seeking a declaration it is not necessary to serve the application on anyone else other than the local authority.

Subsection (7) provides for the making of rules of court.

Section 30: Existing byelaws providing for public access to land

This section places a duty on every person, body or authority who have the power to make byelaws under any legislation, in relation to access, whether the land is owned or managed by them, to review those of its byelaws which are in force. This is to ensure that byelaws made prior to this piece of legislation are consistent with the provisions in this Bill.

Section 31: Constables' powers of entry

Confirms the power being given to a constable to enter any land over which access rights are exercisable.