PART 3 continued CHAPTER 5 continued
(1) Subject to sections 79 and 91 above, the Land Court shall have jurisdiction to hear and determine all matters, whether of law or fact, which arise under this Part of this Act and, subject to section 1(7) of the Scottish Land Court Act 1993 (c. 45) (referral of question of law to Inner House of the Court of Session), the decision of the Land Court in any case shall be final.
(2) In section 1(7) of that Act of 1993, after the word “enactment” there is inserted “, or under Part 3 of the Land Reform (Scotland) Act 2003 (asp 2),”.
(3) Paragraph 6(2) of Schedule 1 to that Act of 1993 (appeal against order or determination arrived at under a delegation of Land Court’s powers) does not apply in relation to any order made, or determination arrived at, in pursuance of a matter which arises under this Part of this Act.
(1) In this Act—
“Land Court” means the Scottish Land Court;
“Lands Tribunal” means the Lands Tribunal for Scotland;
“Ministers” means the Scottish Ministers;
“prescribed” means prescribed by regulations made by Ministers.
(2) Any power of Ministers under this Act to make an order or regulations shall be exercisable by statutory instrument.
(3) Any such power includes power to make—
(a) such incidental, supplementary, consequential, saving or transitional provision as Ministers think necessary or expedient;
(b) different provision for different cases and for different classes of case.
(4) Subject to subsection (5) below, a statutory instrument containing an order (other than an order made under section 100 below) or regulations made under this Act shall be subject to annulment in pursuance of a resolution of the Scottish Parliament.
(5) A statutory instrument containing an order made under section 4, 8, 33, 36, 42, 78 or 94 above shall not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the Scottish Parliament.
(6) Any requirement or other provision in this Act for or about the sending or making of any application, invitation, response, confirmation, notice or other document, or any copy of such a document, shall be taken to have been complied with if the document was posted by recorded delivery post or such other postal service as is referred to in paragraph 3 of Schedule 8 to the Postal Services Act 2000 (c. 26).
(7) Subject to subsection (8) below, the effective date of any application, invitation, response, confirmation, notice or other such document sent by such post shall be—
(a) the day after the date it was posted; or
(b) where any period in this Act is to be calculated from or with reference to the date of making or sending the application, invitation, response, confirmation, notice or document, that date.
(8) Nothing in subsection (7) above affects the requirements in sections 37(9), 49(4) and 52(3) above by which the responses there referred to are to be received by Ministers within a certain time.
The enactments specified in schedule 2 to this Act have effect subject to the modifications there specified and the repeals there specified have effect subject to the savings there specified.
(1) This Act may be cited as the Land Reform (Scotland) Act 2003.
(2) This Act binds the Crown.
(3) This Act (except this section and section 98 above) comes into force on such day as Ministers may by order appoint.
(4) Different days may be so appointed for different purposes.
(introduced by section 22(8))
1 Before making a path order, the local authority shall give notice of their intention to do so, together with a copy of the proposed order, to the owner of the land within which is the path proposed for delineation by the order (the “owner”).
2 That notice shall specify—
(a) a time, being not later than 28 days after the giving of the notice, within which; and
(b) the manner in which,
objections to the proposed order may be made by the owner to the local authority.
3 If no such objections are made or any made are withdrawn, and the local authority make the order, it shall have effect.
4 If, however, an objection is made and not withdrawn, the order if made shall not have effect unless confirmed by Ministers.
5 Ministers—
(a) may; and
(b) if any objection made is not withdrawn, shall,
afford the owner an opportunity of being heard by a person appointed by Ministers for the purpose.
6 Ministers shall, after considering the report of that person, either confirm or decline to confirm the order and, where they confirm it, may do so with modifications.
7 On its confirmation, the path order shall have effect.
8 As soon as a path order has effect, the local authority shall give notice of that fact to the owner together with a copy of the order.
9 No path order shall be made which would delineate a path over land in or over which there is apparatus belonging to or used by any statutory undertaker for the purpose of the undertaking unless the undertaker has consented to the making of the order.
10 Such consent shall not be unreasonably withheld and any question whether it is so withheld shall be determined by Ministers.
11 The operator of any telecommunications code system for the purposes of which apparatus was kept installed in, under or over a path immediately before the path creation order which delineated the path was revoked retains after that revocation the same powers as before it; but the owner is entitled to require the alteration of the apparatus.
12 Paragraph 1(2) of the telecommunications code (alteration of apparatus to include moving, removal or replacement of apparatus) applies for the purposes of paragraph 11 above as it applies for the purposes of the code.
13 Paragraph 21 of that code (restriction on removal of apparatus) applies in relation to any entitlement conferred by paragraphs 11 and 12 above to require the alteration, moving or replacement of any telecommunications apparatus as it applies in relation to an entitlement to require the removal of any such apparatus.