Reasonable rights to access – Scottish Outdoor Access Code

At this time of year, we at SACS usually get an increase in calls from members about access rights in Scotland.  As shoots get ready for the arrival of poults, the weather gets warmer, and people are usually keen to enjoy the countryside.  Unfortunately, this often throws up conflict, when some uniformed members of the public state that they have a right to access land.

The law is very clear.  Section 1 of the Land Reform (Scotland) Act 2003 states that a person, subject to certain proviso’s, has a right to be on land or to cross land.  One of the provisos is for recreational activity e.g., going for a walk or run.

However, what is often forgotten are the provisions of Section 2 (1) of the 2003 Act which states; A person has access rights only if they are exercised responsibly.  This in effect means that they cannot interfere with crops, livestock or the business of another.  That is not responsible.

So, the right to access is not absolute – those exercising that right must do so responsibly.

The debate about what is responsible and what isn’t would likely fill several volumes, however for the sake of clarity the Scottish Outdoor Access Code sets out quite clearly what the expectations of both sides in such clashes, should be.  It also gives practical advice about how to raise concerns about access.  The Code can be found at NatureScot (outdooraccess-scotland.scot)

Within the Code it states.

The Code cannot cover every possible situation, setting or activity. Free information and advice on access rights and Scottish Outdoor Access Code, 2005 responsibilities, and on who to contact in your local authority is available online at: NatureScot (outdooraccess-scotland.scot)

This website also provides links to a wide range of representative bodies for recreation and land management, and to relevant public bodies. It also provides information on Nature Scots education programme and on where to seek grants and other support.

If you need more detailed advice or guidance, you should phone your local authority or national park authority directly (ask for the access officer or ranger service) or contact your local Nature Scot office (see www.outdooraccess-scotland.com for contact details)

Our advice is quite clear.  If you have any concerns about the access rights, read the code in case the answer is there.  Alternatively phone the local authority.  In all cases however we would suggest you phone the SACS office, and we will do our very best to help you.