Scotland: Views sought for Code at heart of new access rights

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Press Release from Scottish Natural Heritage, 26th March 2003

Views sought for Code at heart of new access rights

The period of consultation on the draft Scottish Outdoor Access Code 
(Code) began on Wednesday 26th March. The draft Code, prepared by 
Scottish Natural Heritage (SNH), is part of a package of changes 
stemming from the Land Reform (Scotland) Act 2003, which establishes 
statutory access rights to land and water and is likely to come into 
force early next year. SNH is seeking comments on the draft Code, 
which is designed to promote responsible behaviour by both users and 
land managers. 

The Land Reform (Scotland) Act 2003 establishes a statutory rights of 
responsible access to land and inland water for outdoor recreation. A 
new Scottish Outdoor Access Code will provide guidance on responsible 
behaviour for recreational users and land managers. SNH has a 
statutory duty to prepare this Code and a draft is now available for 
public consultation. This may be viewed or downloaded by clicking on 
the link below. You can also respond to SNH by e-mail using a link 
within the document. The consultation period closes on 30th June. For 
more info, go to: http://213.121.208.4/index/i-frame.htm 

The Land Reform (Scotland) Act 2003 received Royal Assent on 25 
February 2003 and Part 1 gives people statutory access rights to the 
outdoors. Before the right becomes law, Scottish Natural Heritage 
must first draw up and consult over a Scottish Outdoor Access Code 
which must then be approved by the Scottish Parliament. Once the Code 
is agreed, and provided people stick to their responsibilities as set 
out in the Code, they will have statutory access rights to the 
outdoors and more people will be encouraged to enjoy the outdoors 
than ever before. 

Michael Scott, deputy chairman of SNH said: ¡§The access reforms 
brought in under this new legislation are an historic achievement for 
the new democratic process in Scotland and are a suitable testimony 
to the efforts and debate of so many people over the past decade. The 
legislation will open up Scotland¡¦s outdoors to people who may never 
have thought about going for a walk or cycle ride, simply because 
they weren¡¦t sure where they could go. However, to make this a 
success the public and land managers must be part of the process of 
developing a responsible attitude to access, which will be enshrined 
in the Scottish Outdoor Access Code. During this period of 
consultation we want people to tell us what they consider is or is 
not responsible behaviour and thereby help land owners and recreation 
users to work and enjoy the outdoors together.¡¨

The Scottish Outdoor Access Code will be similar, but not identical, 
to other codes of good practice embedded in law, such as the code of 
practice under the Disability Discrimination Act, the Highway Code 
and numerous Health and Safety Codes. The public, land managers and 
interested groups are invited to comment on how the code can 
influence responsible access to land and water in relation to 
recreation users or the activities of land managers. This includes 
advice on issues such as how dogs must be kept under control, 
liability, respecting people¡¦s privacy and peace, helping land 
managers to work safely, and caring for the environment.

The code will also cover the extent to which land managers are 
responsible for helping people to enjoy the outdoors, such as by not 
padlocking gates or by providing access for cyclists and horseriders. 
The draft code will be put out to consultation until the end of June 
when SNH will compile and analyse the results and submit a revised 
Code to ministers together with copies of any objections or 
representations. 

SNH will also launch a consultation paper today on the type of Access 
Forum required to help implement the new access arrangements. The 
current Access Forum was set up in 1994 to promote debate between 
recreation and land managing interests and the main public bodies 
with a role in open-air recreation. Another Access Forum (Inland 
Water) was set up in 1996 to help bring freshwater-based interest 
groups together. In the last few years, advice from the two forums 
has been very important in drafting the new access legislation and 
the Code. Ministers are keen for SNH to convene a national Access 
Forum to help in reviewing the operation of the new Code.

Professor Jeremy Rowan-Robinson, Chairman of the Access Forum and 
Access Forum (Inland Water) said: ¡§The existing Access Forum and 
Access Forum (Inland Water) has a proven track record of delivering 
sound advice, helped by encouraging frank debate between the main 
interests involved in open-air recreation. However, given the new 
access rights and responsibilities established through the Land 
Reform (Scotland) Act, and the new work that flows from this, it is 
timely to look at what sort of national Access Forum is needed in the 
future. We are keen to hear the views of a wide range of recreation 
and land management bodies, public agencies and the general public on 
the best way forward.¡¨

Consultations on the draft Scottish Outdoor Access Code and on a 
national Access Forum for Scotland will be launched at Muiravonside 
Country Park at 10:30am on 26th March. The media are invited and 
there will be a photo opportunity at 12pm. A map with directions to 
the venue is attached. 

People can get copies of the draft Scottish Outdoor Access Code 
consultation paper from: Bridget Dales on 01738 444177 email: soac-
consultation at snh.gov.uk or look up: www.snh.org.uk The Access Forum 
consultation paper can be obtained from: Dawn Anderson on 0131-447 
4784, email: dawn.anderson at snh.gov.uk.

For media enquiries contact:
Sarah Roe, National Press and PR Officer, SNH Tel: 0131 446 2270

Notes to Editors
„h Scottish Natural Heritage is the Government¡¦s statutory advisor 
in respect to the conservation, enhancement, enjoyment, understanding 
and sustainable use of the natural heritage. Visit www.snh.org.uk for 
more details.
„h The Access Forum was established in 1994 with support from SNH, as 
a voluntary association of representative bodies for land management 
and recreation, and of public bodies with a role in open-air 
recreation. Its main role is to provide a continuing means of liaison 
on the general issues and principles of access, and to debate and 
seek resolution of the key access issues of the day.
„h The Access Forum (Inland Water) was set up with the same broad 
objectives as the Access Forum but with a focus on access over inland 
water for water-based recreation and with secretariat support 
provided by Sportscotland. Although the Access Forum (Inland Water) 
sought to clarify and interpret the law relating to access on inland 
water, it focussed more on the management of access. 
„h Since 1997, the work of both the Access Forum and Access Forum 
(Inland Water) has almost entirely focussed on advising SNH and the 
Scottish Executive on possible changes to access laws and on a draft 
Scottish Outdoor Access Code. This advice formed the main basis for 
the Land Reform (Scotland) Act 2003 and the consultative draft of a 
new Scottish Outdoor Access Code. 

The current membership of the two Forums is made up of: 
Access Forum Access Forum (Inland Water)
Recreation bodies Mountaineering Council of Scotland Ramblers¡¦ 
Association Scotland 
Scottish Countryside Activities Council Scottish Rights of Way & 
Access Society Scottish Sports Association Royal Yachting Association 
(Scotland) 
Scottish Anglers¡¦ National Association
Scottish Canoe Association
Scottish Sports Association
Land management bodies Association of Deer Management Groups
National Farmers¡¦ Union of Scotland 
Scottish Crofting Foundation 
Scottish Landowners¡¦ Federation
Association of Salmon Fishery Boards
National Farmers¡¦ Union of Scotland
Scottish Landowners¡¦ Federation
Public bodies Convention of Scottish Local Authorities
Forestry Commission
Scottish Natural Heritage
Sportscotland
Visitscotland 
Convention of Scottish Local Authorities 
Scottish Natural Heritage 
Scottish Water
Sportscotland
Visitscotland
At joint meetings of both groups, the Farming & Wildlife Advisory 
Group, Historic Houses Association of Scotland and the Royal 
Institution of Chartered Surveyors are also present. For these 
meetings, the dual membership of the other bodies ends.