OpenLegislation

Section 36 Exercise of powers under sections 34 and 35.F1

Scotland

(1)

Subject to the provisions of this section, section 32 F2... (2) above shall apply in the exercise of the powers conferred by the two last foregoing sections in relation to any public path as F3it applies in the exercise of the powers referred to in the said F4subsection.

F52)(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)

An authority proposing to make a public path diversion order such that the authority who will be responsible for a part of the path after the diversion will be a different body from the authority who before the diversion are so responsible shall, before making the order, consult the authority who will be responsible for that part.

Annotations

Textual amendments

F1

S. 36 repealed (9.2.2005) by Land Reform (Scotland) Act 2003 (asp 2), s. 100(3), Sch. 2 para. 4(b) (with s. 100(2) and subject to savings in Sch. 2 para. 7); S.S.I. 2005/17, art. 2(b)

F2

Words repealed by Countryside (Scotland) Act 1981 (c. 44, SIF 46:1), Sch. 2

F3

Words substituted by Countryside (Scotland) Act 1981 (c. 44, SIF 46:1), Sch. 1 para. 2(a)

F4

Words substituted by Countryside (Scotland) Act 1981 (c. 44, SIF 46:1), Sch. 1 para. 2(b)

F5

Ss. 5(2)(3), 9, 14(7), 32(1)(3), 33(2)–(4), 36(2)(3), 37(3), and 45(2) repealed by Countryside (Scotland) Act 1981 (c. 44, SIF 46:1), Sch. 2