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"access rights" and "land" have the same meaning as in Part 1 of the Land Reform (Scotland) Act 2003[2];

"defence direction" means a direction given under article 2 for the purpose of defence; and

"relevant date", in relation to a direction under article 2, means-

(a) the day on which the direction was given; or

(b) where it has previously been reviewed, the day on which it was last reviewed.

Directions for the purposes of defence or national security
     2.  - (1) The Secretary of State may by direction exclude or restrict the exercise of access rights in respect of any land if the Secretary of State is satisfied that it is necessary so to do for the purposes of defence or national security.

    (2) A direction under paragraph (1)-

(a) may be expressed to have effect-


(i) during a period specified in the direction;

(ii) during a specified period in every calendar year; or

(iii) indefinitely; and



(b) shall have effect as respects such land as may be specified in the direction.

    (3) Any direction given by the Secretary of State under this article may be revoked or varied by a subsequent direction.

    (4) Where a direction given under this article excludes or restricts the exercise of access rights in respect of any land-

(a) indefinitely;

(b) for part of every year or of each of six or more consecutive calendar years; or

(c) for a specified period of more than five years,

the Secretary of State shall review the direction not later than the fifth anniversary of the relevant date.

    (5) If in any calendar year the Secretary of State reviews a defence direction, the Secretary of State shall-

(a) prepare a report on all reviews of defence directions which the Secretary of State has undertaken during that year; and

(b) lay a copy of the report before each House of Parliament.

    (6) The Secretary of State shall take such steps as the Secretary of State considers expedient to inform the public of the effect of any direction under this article including displaying notices on or near the land in respect of which the exclusion or restriction of access rights relates.


ALISTAIR DARLING
Secretary of State for Scotland

Scotland Office, Dover House, London
26th August 2003

[2] 2003 asp 2.back

  Prepared 16 September 2003