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Countryside (Scotland) Act 1981

Consolidated Text As Enacted Cited in Amendments 67 Related
Vincent
JurisdictionUK Non-devolved
Citation1981 c. 44
Year1981
  • For section 7 of the Act of 1967 (grants and loans to persons other than public bodies) there shall be substituted—
      (7) Grants and loans.
    • “(1) In accordance with arrangements approved by the Secretary of State and the Treasury, the Commission shall have power to make grants, loans (or both) to any person, including a public body, in respect of expenditure incurred by him in doing anything which in the opinion of the Commission is conducive to the attainment of any of the purposes of this Act.
    • (2) Grants or loans made in terms of subsection (1) above to local authorities shall be made only in respect of expenditure incurred by those authorities in relation to the countryside in or in connection with —
    • (a) the exercise of their powers under this Act;
    • (b) the exercise of their powers under section 24 of the Caravan Sites and Control of Development Act 1960 (which relates to the provision of caravan sites by local authorities) ;
    • (c) the exercise of their powers under section 2 (except subsection (1) (b) of the Local Government (Development and Finance) (Scotland) Act 1964 (which empowers local authorities to develop land in certain circumstances) ;
    • (d) the payment of compensation under section 159, or by virtue of section 163, of the Town and Country Planning (Scotland) Act 1972 (which respectively relate to compensation in respect of the control of the use of land and to tree preservation orders) ;
    • (e) the exercise of their powers of acquring land, whether by agreement or compulsorily, under or by virtue of any of the enactments referred to in the preceding paragraphs of this subsection.
    • In accordance with arrangements approved by the Secretary of State and the Treasury, the Commission shall have power to make grants, loans (or both) to any person, including a public body, in respect of expenditure incurred by him in doing anything which in the opinion of the Commission is conducive to the attainment of any of the purposes of this Act.the exercise of their powers under this Act;the exercise of their powers under section 24 of the Caravan Sites and Control of Development Act 1960 (which relates to the provision of caravan sites by local authorities) ;the exercise of their powers under section 2 (except subsection (1) (b) of the Local Government (Development and Finance) (Scotland) Act 1964 (which empowers local authorities to develop land in certain circumstances) ;the payment of compensation under section 159, or by virtue of section 163, of the Town and Country Planning (Scotland) Act 1972 (which respectively relate to compensation in respect of the control of the use of land and to tree preservation orders) ;the exercise of their powers of acquring land, whether by agreement or compulsorily, under or by virtue of any of the enactments referred to in the preceding paragraphs of this subsection.On making a grant or a loan under this section the Commission may impose conditions including (in the case of a grant) conditions for repayment in specified circumstances.The exercise of the Commission’s power under this section shall be subject to any directions given to them by the Secretary of State.
  • In subsection 10(2) of the Act of 1967 (which defines “open country”) for the words after “adjacent thereto” there shall be substituted the following words— “and any waterway;” and in this section “waterway” and “foreshore” shall include any bank, barrier, dune, beach, flat or other land adjacent to the waterway or foreshore.”.
    • (1) At the end of section 13 of the Act of 1967 (which relates to access agreements) there shall be added the following subsection—
    • “(11) Payments made under subsection (2) above in consideration of the making of the agreement shall be made on the basis of an assessment of the capital value of the land arrived at in accordance with the provisions of Schedule 4 to this Act.
    Payments made under subsection (2) above in consideration of the making of the agreement shall be made on the basis of an assessment of the capital value of the land arrived at in accordance with the provisions of Schedule 4 to this Act.(2) After Schedule 3 to the Act of 1967 there shall be inserted the following Schedule—
      (SCHEDULE 4) Provisions as to the Calculation for Fixing Consideration in Respect of the Making of Access Agreements.
    • “(1) The district valuer shall value the land covered by the access agreement, as at the first day of the twelve month period to which the consideration will relate, assuming—
    • (a) a sale on the open market by a willing seller; and
    • (b) that the use of the land is unfettered by the access agreement.
    a sale on the open market by a willing seller; andthat the use of the land is unfettered by the access agreement.The planning authority shall, before or as soon as possible after the coming into operation of the access agreement, agree with the owner of the interest in the land what proportion of the figure set by the district valuer should be paid by the planning authority in respect of each twelve month period.The first twelve month period shall begin on the day on which the public is first given access to the land under the agreement.
  • In section 24 of the Act of 1967 (which relates to the acquisition by planning authorities of land for public access) , in subsection (1) , for the words “or acquire the land compulsorily.” there shall be substituted the words, “ or, with the consent of the Secretary of State, acquire the land compulsorily:
    • (a) in section 43(4) (a) for “£50” there shall be substituted “£200”:(b) in section 43(4) (b) for “£10” there shall be substituted “£50”;(c) in section 43(4) (c) for “£50” there shall be substituted “£200”;(d) in section 44(2) for “£50” there shall be substituted “£200”;(e) in section 60(6) for “£20” there shall be substituted “£50”;(f) in section 75(6) for “£20” there shall be substituted “£200”.(a) in subsection(2) , for the words “Any local authority or” there shall be substituted the word “A”; and(b) at the end there shall be added the following subsection—
    • “(5) The references in subsections (1) to (3) above to planning authorities shall be construed as references to planning authorities which carry out district planning functions; and in this subsection “district planning functions” has the same meaning as in Part IX of the Local Government (Scotland) Act 1973.
    The references in subsections (1) to (3) above to planning authorities shall be construed as references to planning authorities which carry out district planning functions; and in this subsection “district planning functions” has the same meaning as in Part IX of the Local Government (Scotland) Act 1973.
  • After section 48 of the Act of 1967 there shall be inserted the following section—
      (48A) Regional parks.
    • “(1) A regional park is an extensive area of land, part of which is devoted to the recreational needs of the public.
    • (2) Regional councils shall have power—
    • (a) by order to designate lands within their region as regional parks, and
    • (b) to manage as a single administrative unit any parts of any such park which are under the control of the council,
      • and where it is appropriate that lands extending into more than one region should be designated as a regional park the regional councils...
    • A regional park is an extensive area of land, part of which is devoted to the recreational needs of the public.by order to designate lands within their region as regional parks, andto manage as a single administrative unit any parts of any such park which are under the control of the council,

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