Section 37: Amendment of Civic Government (Scotland) Act 1982

Paragraph (a) repeals section 120 of the Civic Government (Scotland) Act 1982 to remove reference to local authority powers in respect of "inland water" under that Act, which will be replaced by the new provisions in respect of local authority powers to make byelaws on inland water within section 12 of this Bill.

Paragraph (b) repeals subsection (4) and (5)(a)(iii) of that Act removing reference to "inland water" in that Act, as these provisions are being replaced by the new provisions in respect of inland water in section 12 of this Bill. The repeal of subsection (5)(a)(iii) is consequential to the repeal of subsection (4) of that Act.

Paragraphs (c) and (d) have the same effect in that they remove reference to "inland water" in sections 121 paragraph (11) and section 123 the Countryside (Scotland) Act 1967 respectively, as the provisions for local authority powers in respect of inland waters are being replaced by section 12 of this Bill.

Section 38: Amendment of Criminal Justice and Public Order Act 1994 and Public Order Act 1986

Subsection (1) inserts new subsections (4A) and (4B) after section 61(4) of the Criminal Justice and Public Order Act 1994, which gives the police powers to remove two or more persons from land if they have justification to believe that these persons have become trespassers. This amendment clarifies that people who have ceased to be entitled to exercise access rights for reasons specified in new subsection (4A) (a) and (b), will be deemed to be trespassers and, therefore, subject to the provisions in section 61 of the Criminal Justice and Public Order Act 1994. Subsection (4B) defines the term "access rights" used in subsection (4A) as having the meaning given in the Land Reform (Scotland) Bill.

Subsection (2) amends section 64 of the Criminal Justice and Public Order Act 1994. This section gives a police officer, of at least the rank of superintendent, the power to authorise any constable to enter land where there is a gathering of 100 persons or more (whether or not trespassers) at which amplified music is played at night and is causing disturbance, to seize or remove a vehicle or sound equipment. This amendment clarifies that a person entering land in Scotland with sound equipment in the circumstances mentioned in that Act will not be exercising access rights under this Bill.

Subsections (3) makes clear that reference to "trespass" in section 68, subsection (1) of that Act includes, in Scotland, the exercise of access rights, under this Bill up to a point whereby they cease to be exercisable by virtue of an offence committed specified in section 68 of that Act.