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The Land Reform (Scotland) Act 2003

The Land Reform (Scotland) Act 2003

Part One of the Act has been created to give everyone greater freedom to enjoy the outdoors and to clarify, for the benefit of users, land managers and conservation; what you can and cannot do, as well as where you can and cannot go.

The new legislation came into force on 9th February 2005 creating a statutory right of responsible access to most areas of land and inland water for the purpose of recreation and crossing land, as well as some educational and commercial activities.

The right however, applies only to non-motorised access with the exception of electric wheelchairs or mobility scooters, and does not apply to other outdoor activities such as hunting, fishing or shooting. Access rights are also excluded from:-

• A building or other structures or works, plant or fixed machinery such as a farmyard, building sites or quarries,
• The curtilage of buildings, works compounds, schools and houses, and
• Land over which you have been required to pay an entrance fee, such as properties owned by the National Trust or Historic Scotland.

People will however, still be able to use public rights of ways which pass through any of the above.

To define what is meant by responsible access The Scottish Outdoor Access Code has been produced. The Code gives advice and guidance to users and land managers on what their respective responsibilities are in different settings and situations.

In addition to creating a new access right, the Act also places new duties and powers upon the Council, including an overarching duty to uphold access rights as well as a duty to:

• Produce a Core Paths Plan,
• Establish a Local Access Forum, and
• Publicise the Scottish Outdoor Access Code