§ Mr. Kirkwood
To ask the Secretary of State for Scotland what is his policy as to whether the Countryside Commission for Scotland will be permitted to fund the erection of a structure which substantially altered the value of a right of way without a variation order being obtained.
§ Lord James Douglas-Hamilton
[holding answer 2 November 1989]: The Countryside Commission for Scotland operates in conformity with the powers and duties contained in the Countryside (Scotland) Act 1967. Under the Act, it is the duty of local planning authorities and not of the Commission to assert and protect public rights of way. Questions about the application and interpretation of this duty are matters for the courts to decide.