§ Sir Hector Monro
In Scotland the duty to assert, protect and keep open any public rights of way lies with regional and district planning authorities, in this case Highland regional council. I understand that the regional council is seeking to reach agreement with the landowner over the creation of an alternative route to the existing right of way. When such an agreement is reached, the regional council will require to make a public path diversion order, in terms of section 35 of the Countryside (Scotland) Act 1967. Until such an order is made by the local authority and confirmed by the Secretary of State, an existing public right of way will continue to exist.