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Land Reform (Scotland) Act 2003

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This is the original version (as it was originally enacted).

20Review and amendment of core paths plan

This section has no associated Explanatory Notes

(1)The local authority shall—

(a)at such times as they consider appropriate; and

(b)on Ministers requiring them to do so,

review the plan adopted under section 18 above (or that plan as amended under this section).

(2)Where, following a review of a plan under subsection (1) above, the local authority consider that—

(a)a core path should be removed from the plan; or

(b)the line of a core path, or part of that line, should be diverted,

the authority may amend the plan by removing the core path from the plan or, as the case may be, by diverting the line of the core path on the plan.

(3)The local authority may not amend the plan under subsection (2) above unless they are satisfied that it is expedient so to do having regard to—

(a)the extent to which it appears to them that persons would, but for the amendment, be likely to exercise access rights using the core path; and

(b)the effect which the amendment of the plan would have as respects land served by the core path.

(4)Where the local authority stop up, or divert, a core path by order under section 208 of the Town and Country Planning (Scotland) Act 1997 (c. 8) they shall amend their plan accordingly.

(5)Subsection (8) of section 18 above applies in relation to the amendment of a plan under subsection (2) or (4) above as it applies in relation to the adoption of a plan under that section.

(6)Where, following a review of a plan under subsection (1) above, the local authority consider that the plan should be amended so as to include a further path, waterway or other means of crossing land such as is mentioned in section 17(2) above, the authority shall draw up an amended plan.

(7)Sections 17(3) and (4) and 18 above apply in relation to a plan drawn up under subsection (6) above as they apply to a plan drawn up under section 17(1) above.

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