Legislation 1990-1999

Here is the legislation that Ken is aware of that affects outdoor access. If you spot something that is missing let ScotWays know.

Criminal Justice and Public Order Act 1994 #

The Criminal Justice and Public Order Act 1994 contains provisions for “public order, collective trespass or nuisance on land” that were created to deal with new-age travellers, field sport saboteurs and environmental protest groups. There could be implications for access takers although the Scottish Office Circular of the time said: “While there may be circumstances in which it could be alleged that hill walkers, etc., are disrupting a lawful activity merely through their presence on land, the Crown Office has indicated that procurators fiscal are likely to confine themselves to taking proceedings against persons who can be said to have acted with the specific and ulterior motive and intention of obstructing or disrupting, or intimidating persons engaged in lawful activities.”

Town and Country Planning (Scotland) Act 1997 #

The Town and Country Planning (Scotland) Act 1997 Deals with all types of development, Part IX Roads, Footpaths and Rights of Way provides measures for closing or diverting rights of way and core paths to allow development to proceed. It is important to note that planning permission for the activity that needs a right of way or core path to be moved must have been granted BEFORE an order to close or divert a right of way or core path can be made.

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