Access Rights
Land Reform (Scotland) Act 2003
This Act enables everyone the right of access over land and inland water throughout Scotland for non-motorised activity, as long as they behave in a responsible manner. The ‘right to roam’ only applies as long as the person is not causing unnecessary interference with any rights of other people, including access rights, land ownership rights etc. The rights exclude people from taking anything away from the land for commercial or profit purposes, travelling through land in a motorised vehicle which is not intended for public vehicle access and being on land with a dog or other animal not under proper control. Under the access rights people must exercise responsible behaviour to maintain their rights, these include:
- Respecting the privacy of others
- Following reasonable information and advice
- Caring for the environment and minimising your impact
- Allowing landowners and others to carry out their work safely and effectively
- Taking responsibility for your own actions
Under this Act Local Authorities have been given powers to uphold the statutory public access rights.
Local authorities are responsible for:
- Setting up one or more Local Access Forums
- Drawing up a Core Paths Plan
- Upholding public access rights
- Publicising with NatureScot the Scottish Outdoor Access Code
Scottish Outdoor Access Code
Land uses in our countryside include farming, forestry, field sports and conservation - providing a rich and fascinating mix of natural and cultural landscapes to explore. The Scottish Outdoor Access Code (SOAC) was established under the Land Reform (Scotland) Act 2003 and gives practical guidance to landowners and access users as to how to manage and take access in a responsible manner. The code gives detailed guidance on the responsibilities of those implementing their access rights and those who manage the land. It provides a practical guide encouraging people to make responsible choices and gives more detailed advice for various situations. The Outdoor Access Code is based on 3 principles that apply to both the public and landowners; these are respecting the interests of other people, caring for the environment, and taking responsibility for your own actions.
Rights of Way
Rights of Way are existing paths that have been used over many years that provide people with access to the countryside. They form part of the common law in Scotland where a route to be considered a right of way must meet the following criteria:
- Join two public places together
- Follow a defined route
- Be used openly and peacefully by the public as a matter of right
- Be used without significant interruption for upwards of 20 years
View guidance leaflets on outdoor access and responsible behaviour.