Explanatory note

This Act of Sederunt further amends the Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) 1999 (“the 1999 Rules”). Article 2 inserts a new Part XXVIII into Chapter 3 of the 1999 Rules. Part XXVIII sets out the procedure in the sheriff court where an owner of land wishes to appeal against a notice served by a local authority in the exercise of its duty to uphold access rights under the Land Reform (Scotland) Act 2003 (“the Act”), and where an application is made for a declaration as to the existence and extent of access rights or rights of way.

Rule 3.28.2 provides that where an owner of land appeals by summary application under section 14(4) of the Act against a notice served on him under section 14(2) of the Act, the owner must at the same time advertise details of the application including details of the notice appealed against in a local newspaper.

Rule 3.28.3 provides that persons interested in the exercise of access rights over the land to which a summary application under section 14(2) of the Act relates, and persons or bodies representative of such persons, may be parties to the summary application proceedings, but the court may restrict the extent to which they may take an active part in the proceedings.

Rule 3.28.4 applies the procedure prescribed in rules 3.28.2 and 3.28.3 to an appeal by an owner of land against a notice under section 15(2) of the Act requiring action to remove the risk of injury to a person exercising access rights.

Rule 3.28.5 provides that the provisions in rules 3.28.2 and 3.28.3 above apply with necessary modifications to a summary application for a declaration under section 28(1) or (2) of the Act as to the existence and extent of access rights or rights of way.