Section 32: Application of section 18 to rights of way

Clarifies that the provisions in section 18 of this Bill allowing local authorities to take measures for safety, protection, guidance and assistance apply both to rights of way and access rights.

Section 33: Repeal, with savings, of sections 30 to 38 of the Countryside (Scotland) Act 1967

This section repeals, (with savings), sections 30 to 38(creation, closure and diversion of public paths), of the Countryside (Scotland) Act 1967. The provisions within those sections of that Act are now being replaced by the new provisions relating to public path agreements and orders and the management of public paths in sections 18 to 22 of this Bill, for the purposes of facilitating the exercise of access. However, subsection (2)(a) and (b) confirm that there are circumstances where sections 30 to 38 of that Act will still have effect in relation to land within a local authority area, which is exempt from the access provisions of this Bill.

Section 34: Repeal of section 55 of the Countryside (Scotland) Act 1967

This is purely a technical amendment to the Countryside (Scotland) Act 1967 since section 55 of that Act applies to default powers of Ministers to make byelaws, which is being replaced by the new byelaw making provisions in sections 11 and 12 of this Act.

Section 35: Repeal of Part II of Countryside (Scotland) Act 1967

Subsections (1) and (2) repeal part II of the Countryside (Scotland) Act 1967 which relates to access to open country and those parts of schedule 3 relating to the making and confirming of access orders under that Act. This part is being replaced by the new provisions on access and the duties on local authorities being introduced by this Bill.

Subsection (3) makes clear that the coming into force of this repeal, in no way changes the position on compensation being claimed or being payable under section 21 of that Act. It also does not otherwise effect the rules governing the assessment and payment of compensation under sections 21 to 23 and 70 of that same Act.

Section 36: Access rights and rights of way covered by Part III of Countryside (Scotland) Act 1967

This confirms that the duty placed on local authorities under section 47 in part III of the Countryside (Scotland) Act 1967 in respect of "rights of way" do not include "access rights" under this Bill.