Search Legislation

Land Reform (Scotland) Act 2003

Status:

This is the original version (as it was originally enacted).

32Interpretation of Part 1

This section has no associated Explanatory Notes

In this Part of this Act—

  • “Access Code” means the Scottish Outdoor Access Code issued by Scottish Natural Heritage under section 10 above;

  • “canals” means inland waterways within the meaning of section 92 (interpretation) of the Transport Act 1962 (c. 46);

  • “core path” means a path, waterway or any other means of crossing land such as is mentioned in section 17(2) above which is set out in a plan adopted under section 18 above or, as the case may be, such a plan as amended under section 20 above;

  • “cultural heritage” includes structures and other remains resulting from human activity of all periods, traditions, ways of life and the historic, artistic and literary associations of people, places and landscapes;

  • “inland waters” means any inland, non-tidal loch, river (to the extent that it is non-tidal), lake or reservoir, whether natural or artificial and whether navigable or not, and includes the bed and the shores or banks thereof;

  • “land” includes—

    (a)

    bridges and other structures built on or over land;

    (b)

    inland waters;

    (c)

    canals; and

    (d)

    the foreshore, that is to say, the land between the high and low water marks of ordinary spring tides;

  • “local authority” in relation to specific land in respect of which access rights are or would, but for a provision of or order made under this Act, be exercisable means—

    (a)

    where the land is, on the day on which this section comes into force, within an area designated as a National Park under the National Parks (Scotland) Act 2000 (asp 10), the National Park authority for that National Park; and

    (b)

    in any other case, the council (being a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39)) whose area includes that land;

  • “natural heritage” includes the flora and fauna of land, its geological and physiographical features and its natural beauty and amenity;

  • “owner”, in relation to land, means—

    (a)

    the owner of the land; and

    (b)

    where the owner is not in natural possession of the land, the person who is entitled to such natural possession;

  • “statutory undertaker” means—

    (a)

    a person authorised by any enactment to carry on any railway, light railway, tramway, road transport, water transport, canal, inland navigation, dock, harbour, pier or lighthouse undertaking or any undertaking for the supply of hydraulic power;

    (b)

    the operator of a telecommunications code system;

    (c)

    an airport operator (within the meaning of the Airports Act 1986 (c. 31)) operating an airport to which Part V of that Act applies;

    (d)

    a gas transporter, within the meaning of Part I of the Gas Act 1986 (c. 44);

    (e)

    Scottish Water;

    (f)

    a holder of a licence under section 6(1) of the Electricity Act 1989 (c. 29);

    (g)

    the Civil Aviation Authority or a holder of a licence under Chapter I of Part I of the Transport Act 2000 (c. 38) (to the extent that the person holding the licence is carrying out activities authorised by it);

    (h)

    the Scottish Environment Protection Agency; or

    (i)

    a universal postal service provider within the meaning of the Postal Services Act 2000 (c. 26);

  • and “undertaking” means the undertaking of such a statutory undertaker; and

  • “telecommunications code system” and “operator”, in relation to such a system, have the same meanings in this Part of this Act as they have in the Telecommunications Act 1984 (c. 12).

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources