Civic Government (Scotland) Act 1982

The seashore etc. S

120 Savings for Crown and other rights. S

Subject to—

(a) the provisions of the M1 Coast Protection Act 1949, the M2 Town and Country Planning (Scotland) Acts 1972 to 1974 and the Dumping at Sea Act 1974;

(b) the functions of statutory undertakers and port authorities; and

(c) any public rights of way

a [F1 local authority] may exercise, with respect to the seashore and adjacent waters, the powers conferred on them by sections 121 and 122 of this Act F2 ....

Textual Amendments

F1 Words in s. 120 substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 129(17); S.I. 1996/323, art. 4(1)(c)

F2 Words in s. 120 repealed (9.2.2005) by Land Reform (Scotland) Act 2003 (asp 2), s. 100(3), sch. 2 para. 8(a) (with s. 100(2)); S.S.I. 2005/17, art. 2(b)

Modifications etc. (not altering text)

C1 S. 120 extended by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(1)(3), Sch. 16 para. 1(1) (xxxvii), Sch. 17 paras. 33, 35(1)

Marginal Citations

M1 1949 c. 74.

M2 1974 c. 20.

121 Control of the seashore, adjacent waters and inland waters. S

(1) Insofar as it is necessary to do so for the purpose of preventing nuisance or danger at, or preserving or improving the amenity of, or conserving the natural beauty of, the seashore, a [F3 local authority] may, in accordance with this section, make byelaws—

(a) regulating or prohibiting any activity by way of trade or business with, or in expectation of personal reward from, members of the public on the seashore;

(b) regulating the use of vehicles on the seashore;

(c) regulating the exercise of sporting and recreational activities on the seashore.

(2) Byelaws under subsection (1) above may confine the exercise of any activity (including the use of vehicles or kinds of vehicles) specified in the byelaws to a part of the seashore specified in the byelaws and prohibit the exercise in that part of the seashore of any other activity (including such use) so specified.

(3) A [F3 local authority] may, in accordance with this section, make byelaws relating to the adjacent waters for the purpose of—

(a) regulating the speed of pleasure boats in these waters;

(b) regulating the use of pleasure boats in these waters so as to prevent their navigation in a dangerous manner or without due care and attention or without reasonable consideration for other persons;

(c) requiring the use of effective silencers on pleasure boats in these waters;

(d) regulating the activities in these waters of divers, surfers, water skiers and persons engaged in similar recreational pursuits.

F4 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) Byelaws may be made under this section only if—

(a) the [F3 local authority] have complied with subsection (6) below and made such other inquiries as may be reasonably necessary to ascertain the existence and identity of each person having—

(i) in the case of byelaws under subsection (1) above, a proprietorial interest in the seashore;

(ii) in the case of byelaws under subsection (3) above, a proprietorial interest in relation to the adjacent waters;

F5 (iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iv) in any case, a proprietorial interest in any salmon fishings;

being a proprietorial interest which may be affected by the byelaws;

[F6 (b) the local authority have given notice in writing of their proposal to make byelaws to each person having a proprietorial interest such as is mentioned, in relation to the byelaws, in paragraph (a) above whose identity has been ascertained as mentioned in the said paragraph (a);]

(c) the [F3 local authority] have, in connection with their proposal to make the byelaws, consulted such person or body, if any, as appears to them to be representative of persons who engage in each sporting or recreational activity which may be affected by the byelaws.

(6) The [local authority] shall give public notice of their proposal to make byelaws under this section F7 . . . in a newspaper circulating in the area where the byelaws are proposed to have effect.

(7) If a [F3 local authority] have complied with subsections (5)(a) and (6) above, F7 . . ., the [F3 authority] may F7 . . . proceed to make the byelaws but shall not proceed earlier than one month after the date of the advertisement under subsection (6) above or, if there were more than one advertisement, the later or last of those dates.

(8) Byelaws made under this section may provide that persons contravening such provisions of the byelaws as may be therein specified as provisions contravention of which is an offence shall be liable, on summary conviction thereof, to a fine not exceeding £50 or such lesser sum as the byelaws may specify; and any offence against any such provision of such byelaws committed within adjacent waters may be inquired into and dealt with as if it had been committed within the area of the [F3 local authority] concerned.

(9) A [F3 local authority] may on the seashore or in or on adjacent waters place notices or other indications advising the public as to any danger or health hazard connected with the seashore or those waters.

(10) A [F3 local authority] may provide staff for life saving and any boats or equipment which are appropriate for life saving.

(11) A [F3 local authority], when exercising their powers under this section, shall have regard to the need to protect and maintain any public rights under the guardianship of the Crown to use the foreshore, [F8 and adjacent waters.]

(12) In subsection (1) above, the reference to conserving natural beauty shall be construed in accordance with section 78(2) of the M3 Countryside (Scotland) Act 1967.

Textual Amendments

F3 Words in s. 121(1)(3)(4)(5)(a)(c)(6)-(11) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 129(18); S.I. 1996/323, art. 4(1)(c)

F4 S. 121(4) repealed (9.2.2005) by Land Reform (Scotland) Act 2003 (asp 2), s. 100(3), sch. 2 para. 8(b)(i) (with s. 100(2)); S.S.I. 2005/17, art. 2(b)

F5 S. 121(5)(a)(iii) repealed (9.2.2005) by Land Reform (Scotland) Act 2003 (asp 2), s. 100(3), sch. 2 para. 8(b)(ii) (with s. 100(2)); S.S.I. 2005/17, art. 2(b)

F6 S. 121(5)(b) substituted (4.1.1995) by 1994 c. 39, s. 141(a) (with s. 128); S.I. 1994/2850, art. 3(a), Sch. 2

F7 Words in s. 121(6)(7) repealed (4.1.1995) by 1994 c. 39, ss. 141(b)(c), 180(2), Sch. 14; S.I. 1994/2850, art. 3(a) Sch. 2

F8 Words in s. 121(11) substituted (9.2.2005) by Land Reform (Scotland) Act 2003 (asp 2), s. 100(3), sch. 2 para. 8(c) (with s. 100(2)); S.S.I. 2005/17, art. 2(b)

Modifications etc. (not altering text)

C2 S. 121 modified (7.1.2003) by The Cairngorms National Park Designation, Transitional and Consequential Provisions (Scotland) Order 2003 (S.S.I. 2003/1), arts. 1, 8(1)

Marginal Citations

M3 1967 c. 86.

122 Power to execute works on seashore. S

(1) A [F9 local authority] may, in accordance with this section, on any part of the seashore or in or on adjacent waters or the bed thereof, execute any works for the purpose of preserving, improving or restoring amenity.

(2) Works may be carried out under this section only if—

(a) the [F9 authority]have complied with subsection (4) below and made such other inquiries as may be reasonably necessary to ascertain the existence and identity of each person having, in the seashore or in relation to the adjacent waters or in the bed thereof or in any salmon fishings, a proprietorial interest which may be affected by the works; and

(b) subject to subsection (5) below—

(i) every such person has consented to their being carried out; [F10 and]

(ii) in the case of works by [F11 any local authority other than the authority for Orkney Islands, Shetland Islands or Western Isles], they have obtained the consent of the river purification board within whose area the works are to be carried out; F12 . . .

(iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) A [F9 local authority], when exercising their powers under this section, shall have regard to the need to protect and maintain any public rights under the guardianship of the Crown to use the foreshore and adjacent waters or the bed thereof.

(4) The [F9 local authority] shall—

(a) give public notice of their proposal to carry out works under this section and of the effect of subsection (2)(b)(i) above in relation to that proposal in a newspaper circulating in the area where the works are proposed to be carried out; and

(b) notify the Crown Estate Commissioners [F13 or (as the case may be) the relevant person] of that proposal.

(5) If a [F9 local authority] have complied with subsections (2)(a) and (4) above but the consent of a person whose consent to the carrying out of the works is required under subsection (2)(b)(i) above cannot be obtained because his existence or identity is unknown or he cannot be found or if the consent of a person whose consent is required under subsection (2)(b) above cannot be obtained because he fails to respond in any way to a request for his consent, the [F9 authority] may nevertheless proceed to carry out the works but shall not so proceed earlier than one month after the date of the advertisement under subsection (4) above or, if there were more than one advertisement, the later or last of these dates.

Textual Amendments

F9 Words in s. 122(1)(3)-(5) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 129(19)(a)-(c); S.I. 1996/323, art. 4(1)(c)

F10 Word in s. 122(2)(b)(i) inserted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 129(19)(b); S.I. 1996/323, art. 4(1)(c)

F11 Words in s. 122(2)(b)(ii) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 129(19)(b)(ii)(A); S.I. 1996/323, art. 4(1)(c)

F12 S. 122(2)(b)(iii) and the preceding “and” repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 129(19)(b), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2

F13 Words in s. 122(4)(b) inserted (1.4.2017) by The Crown Estate Transfer Scheme 2017 (S.I. 2017/524), art. 1(2), Sch. 5 para. 17(2)

123 Interpretation of sections 120 to 122. S

(1) In sections 120 to 122 of this Act—

• “adjacent waters” means—

  (a)

  waters within a distance from low water mark of ordinary spring tides not exceeding 1,000 metres; or

  (b)

  where the width of the waters separating the area of one [F14 local authority] from that of another is less than 2,000 metres, measured by the shortest distance between the respective such low water marks in these areas, the waters within the median line between those respective low water marks;

• F15 ...

• “proprietorial interest” means the interest of a proprietor or lessee;

• [F16 “relevant person”, in relation to any part of the seashore to which section 90B(5) of the Scotland Act 1998 applies, means the person who manages that part of the seashore;]

• “seashore” means the shore of the sea, that is to say, the land between the low water mark and the high water mark of ordinary spring tides and every cliff, bank, barrier, dune, beach, flat, esplanade or other land above the said high water mark adjacent to the shore, and to which the public have right of access;

• “statutory undertakers” has the meaning assigned to it by section 275 of the M4 Town and Country Planning (Scotland) Act 1972, except that it also includes F17 . . . F18 . . . F17 . . . British Telecommunications.

(2) Sections 120 to 122 of this Act and this section shall apply to Crown land, that is to say, land an interest in which belongs to Her Majesty in right of the Crown or belongs to a government department or is held in trust for Her Majesty for the purposes of a government department and, for the purposes of [F19 giving notice or, as the case may be,] giving or withholding consent under these sections in relation to such land, the appropriate authority shall be—

(a) in relation to land an interest in which belongs to Her Majesty in right of the Crown and is within the administration of the Crown Estate Commissioners, these Commissioners;

[F20 (aa) in relation to land an interest in which belongs to her Majesty in right of the Crown and is within the administration of a relevant person, that person;]

(b) in relation to land an interest in which belongs to a government department or is held in trust for Her Majesty for the purposes of a government department, that department;

and, if any question arises as to the authority which is the appropriate authority in relation to any Crown land, the question shall be determined by the Treasury.

Textual Amendments

F14 S. 123(1): words in definition of “adjacent waters” substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 129(20)(a); S.I. 1996/323, art. 4(1)(c)

F15 Words in s. 123 repealed (9.2.2005) by Land Reform (Scotland) Act 2003 (asp 2), s. 100(3), sch. 2 para. 8(d) (with s. 100(2)); S.S.I. 2005/17, art. 2(b)

F16 Words in s. 123(1) inserted (1.4.2017) by The Crown Estate Transfer Scheme 2017 (S.I. 2017/524), art. 1(2), Sch. 5 para. 17(3)(a)

F17 Words in s. 123(1) repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2

F18 S. 123(1): words in definition of “statutory undertakers” repealed (31.10.1994) by 1994 c. 21, ss. 67, 68(2)(d), Sch. 9 para. 28, Sch. 11 Pt. II (with s. 40(7)); S.I. 1994/2553, art. 2

F19 Words in s. 123(2) inserted (4.1.1995) by 1994 c. 39, s. 180(1), Sch. 13 para. 129(20)(b); S.I. 1996/323, art. 2

F20 S. 123(2)(aa) inserted (1.4.2017) by The Crown Estate Transfer Scheme 2017 (S.I. 2017/524), art. 1(2), Sch. 5 para. 17(3)(b)

Marginal Citations

M4 1972 c. 52.