Outdoor access rights and responsibilities

Rights and responsibilities

The right to take responsible non motorised access in Scotland is provided for by the Land Reform (Scotland) Act 2003 (LRA).  The Scottish Outdoor Access Code (SOAC) has been produced to explain what is meant by responsible behaviour in any situation for both the 'access taker' and the 'land manager'.
It answers questions like:

• Where can I go to enjoy the countryside without disturbing anyone who lives or works in the countryside?
• Do I have the right to walk, cycle, ride or camp in an area which belongs to someone else?
• Do I need to pay attention to notices telling me to 'keep out'?

Is all land covered by access rights?

Not all land is within access rights, exceptions include gardens, school playing fields and growing crops. 
At times there may be a special event or area where normal access rights are not appropriate, in these cases an order of exemption can be applied. Reasons for exemptions might include:

• Allowing a charge or increasing privacy for a particular event, or in the interests of safety and security

Obstructions to public access

If you are prevented from exercising your right of responsible access by an obstruction, such as a locked gate, intimidating sign or person, you may wish to report the situation for investigation.   In which case you should make a general enquiry report and include:

• an accurate description of the location of the obstruction, including map based grid reference if possible
• Date of obstruction, photograph possible and your contact details

See Guidance for local authorities (opens new window) Part 1 Land Reform (Scotland) Act 2003 for more information 

Reinstatement of ploughed-up paths

Section 23(1) of the Act allows an owner to plough, or to carry out other land management practices on land incorporating a core path or a right of way. However, where core paths or rights of way are disturbed in this way, there is a duty, set out in section 23(2), on the owner to reinstate the path or right of way within 14 days beginning on the day the path was first disturbed, or within such longer period as the local authority may allow.

Section 23(3) provides that an owner who fails to reinstate the path within the required period is guilty of an offence and liable on summary conviction to a fine.

If an owner fails to reinstate a path within the period set, the local authority may, after giving the owner 14 days notice of their intention, take all steps necessary to reinstate the path or right of way and recover their reasonable expenses from the owner (section 23(4)).

Local Authority powers to take remedial action etc.

Section 14 of the Act provides a power for local authorities to ensure that landowners or those managing land do not deliberately undertake any activity for the purpose or main purpose of preventing or deterring the exercise of access rights. If an owner of land does anything for that purpose then local authorities have powers under section 14(2) to require the owner, by written notice, to take remedial action. If the owner fails to comply, section 14(3) empowers the local authority to remove signs or notices or take other remedial action and to recover the reasonable costs of doing so. An owner on whom a notice has been served by a local authority may appeal against it by summary application to the sheriff under section 14(4).

Local Authority powers to maintain paths etc.

Section 19: Powers to maintain core paths etc.

Local authorities have powers under section 19 of the Act to do anything which they consider appropriate to maintain a core path, keep it free from obstruction or encroachment and provide the public with directions to a core path. This will allow them, for example to put up signs directing the public to core paths or informing them of a route of a core path. This section should be read alongside section 26 which provides a power of entry to land within access rights.

Current Exemption Orders

Exemption Orders are made under Section 11 of the Land Reform (Scotland) Act 2003 to temporarily remove the legal right of public access from an area for a special purpose.

There are no current exemption orders.

I am organising an event - do I need an Exemption Order?

Not all events and activities will require an exemption order.  If normal access patterns are unlikely to be impacted upon by your event, or if access can be managed by way of temporary advisory notices and diversions, you may not require an exemption order. For more information view the a guide to making an application for an Order of Exemption from access rights for land / inland water. (PDF, 43 KB)

To make an application, download and complete the Application for an order of exemption from access rights for land / inland water (PDF, 58 KB).