Section 46 Protection and maintenance of rights of way.C1

Scotland

(1)

It shall be the duty of a local planning authority to assert, protect and keep open and free from obstruction or encroachment any public right of way which is wholly or partly within their area, and they may for these purposes institute and defend legal proceedings and generally take such steps as they may deem expedient.

(2)

F1A local planning authority may repair and maintain any public right of way (not being a F2public road or a F3footway) within their area, but this power shall not relieve any other authority or person from any liability with respect to such repair or maintenance.

(3)

Any person may with the consent of the local planning authority erect and maintain guide posts and direction notices on any public right of way other than a F4public road.

C2(4)

Section 42 of the M1 Local Government (Scotland) Act 1894 is hereby repealed

F5(5)

The references in subsections (1) to (3) above to planning authorities shall be construed as references to planning authorities which carry out district planning functions; and in this subsection “district planning functions” has the same meaning as in Part IX of the M2Local Government (Scotland) Act 1973.

Annotations

Textual amendments

F1: Word substituted by Countryside (Scotland) Act 1981 (c. 44, SIF 46:1), s. 7(a)
F2: Word inserted in s. 46(2) (1.4.1995) by 1994 c. 39, s. 180(1), Sch. 13 para. 72(2); S.I. 1995/702, art. 3(d)(i)
F3: Word substituted by Roads (Scotland) Act 1981 (c. 44, SIF 108), Sch. 9 para. 60(2)(a)
F4: Word inserted by Roads (Scotland) Act 1981 (c. 44, SIF 108), Sch. 9 para. 60(2)(b)
F5: S. 46(5) added by Countryside (Scotland) Act 1981 (c. 44, SIF 108), s. 7(b)

Marginal citations

M1: 1894 c. 58.
M2: 1973 c. 65(81:27).

Modifications

C1: S. 46 extended (with modifications) (8.9.2000) by 2000 asp 10, s. 36, Sch. 5 para. 2(1)(2) (with s. 32); S.S.I. 2000/312, art. 2
C2: The text of s. 46(4), 52(1), 58(5)(6) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.