Know the Code before you go....
Key Principles
Respect the interests of other people
Care for the environment
Take responsibility for your own actions
BACKGROUND to the CODE
Introduction to Statutory Access Rights and Responsibilities in Scotland Land Reform (SCOTLAND) Act 2003
Nature and Extent of Access Rights
Everyone has statutory access rights established by the Land Reform (Scotland) Act 2003. These came into effect on 9 February 2005. You only have access rights if you exercise them responsibly.
You have rights of access to be on land and water, and to cross over land and water:
- for recreation
- for educational activity
- for certain commercial pursuits (e.g. mountain guides).
Excluded Activities
Access rights include walking, cycling, horse riding, canoeing, sailing, etc, but:
- not if using a motorised vehicle or vessel
- not if hunting, shooting, fishing
- not if with a dog that is not under proper control
- not if taking away anything for profit.
Excluded Places
Access rights cover everywhere except certain specified areas. These are some of the main exceptions:
- buildings
- structures, tents, caravans
- curtilage around buildings, and compounds
- reasonable privacy and disturbance zone around houses
- sports and recreation fields while in use
- schools and the land they use
- where you have paid for entry previously
- building sites, demolition and engineering works
- quarries and surface mineral workings
- growing or sown crops, silage fields
- golf courses, except to cross over them.
Key Principles
The Scottish Outdoor Access Code provides detailed guidance on the responsibilities of those exercising access rights and of those managing land and water. The Code is based on three key principles:
- Take responsibility for your own actions. If you are exercising access rights, remember that the outdoors cannot be made risk-free and act with care at all times for your own safety and that of others. If you are a land manager, act with care at all times for people’s safety.
- Respect the interests of other people. Acting with courtesy, consideration and awareness is very important. If you are exercising access rights, respect the privacy, safety and livelihoods of those living or working in the outdoors, and the needs of other people enjoying the outdoors. If you are a land manager, respect people’s use of the outdoors and their need for a safe and enjoyable visit.
- Care for the environment. If you are exercising access rights, look after the places you visit and enjoy, and leave the land as you find it. If you are a land manager, help maintain the natural and cultural features, which make the outdoors attractive.
Further information
Contact Scottish Natural Heritage’s Recreation and Access Group, telephone: 0131 446 2400 or email: recreationandaccess@snh.gov.uk or visit outdooraccess-scotland.com
How the Code started
The Scottish Outdoor Access Code was approved by the Scottish Parliament on 1 July 2004. The Code provides guidance on responsible behaviour for recreational users and land managers. The Land Reform (Scotland) Act 2003 creates a statutory right of responsible access and is accompanied by the Scottish Outdoor Access Code and guidance for local authorities. Scottish Natural Heritage (SNH) had a statutory duty to prepare this Code and undertook a public consultation before making recommendations to the Scottish Executive.
The Code was then introduced to the Parliament by the Executive. The Justice 1 Committee of the Scottish Parliament was appointed to consider the code and sought views from interested parties. The final version of the Code was approved by the Parliament on 1st July 2004. It is a fairly long document but very accessible and easy-to-read. The text can be accessed on the Scottish Natural Heritage outdoor access website.
The legislative framework provided by the Land Reform (Scotland) Act 2003, along with the Scottish Outdoor Access Code, provides Scotland with outdoor access arrangements which are better than any other European country. This should be recognised as one of the main achievements of the Parliament and Scottish Executive in the years following the establishment of devolved government.