[7][8] The Trespass (Scotland) Act 1865 imposed fines on camping and the lighting of fires without the landowner's permission, but was largely ignored,[9] and throughout the nineteenth and twentieth century the basic legal position on access remained that there was no legal right of access, but equally no legal mechanism for landowners to prevent it. This page was last edited on 5 January 2021, at 16:18. [12], Education purposes are defined as "activities concerned with furthering a person's understanding of the natural or cultural heritage". In 1846 the 6th Duke of Atholl attempted to prevent a group of botany students from the University of Edinburgh from entering Glen Tilt, however the resulting court case confirmed that access could not be prevented. You can now search our website to see what businesses are open and signed up to the Good to Go scheme. [20] The byelaws were opposed by groups such as Mountaineering Scotland and Ramblers Scotland, who argued that they would criminalise camping even where it was carried out responsibly, and that the national park authority already had sufficient powers to address irresponsible behaviour using existing laws. [3] They also allow access on inland water for canoeing, rowing, sailing and swimming. Responsible Access. Local authority and national park authority access officers. The Code was introduced to aid the sustainability of Scotland’s countryside. Scottish Outdoor Access Code. As restrictions continue to ease, enjoy what Scotland has to offer, whilst keeping the recommended 2 metre (6ft) distance from people outside your household. These access rights and responsibilities are explained in the Scottish Outdoor Access Code. Those who undertake expeditions in Scotland should follow the Scottish Outdoor Access Code wherever the go. Isle of Lewis, Isle of Harris & Stornoway, Loch Lomond & The Trossachs National Park. Be mindful of closures: some spaces, paths and particular spots may still be closed. An exception to the restriction on motorised vehicles is that a person with a disability may use a motorised vehicle or vessel built or adapted for use by that person (e.g. Avoiding infection in Scotland’s outdoors. [23] This is usually defined as the garden around or adjacent to the house that is intensively managed for the enjoyment of residents. Registered Office: 24 Annandale Street, Edinburgh, EH7 4AN | Tel: 0131 558 1222 A company limited by guarantee, registered in Scotland. The Scottish Outdoor Access Code – produced by NatureScot – is designed to help walkers and others outdoors users such as cyclists and horse riders enjoy these access rights responsibly. For further details on the code click here . Public car parks - Almost all car parks have reopened, with normal charges applied from 20 July 2020. Scottish Charity number SC015460. [16], Access rights must be undertaken in lawful manner, and thus by definition criminal acts are excluded. What has been amazing about the last few months, is how much we have all helped each other and supported friends, family and our communities when needed. The Scottish Outdoor Access Code recognises and promotes the importance of disease avoidance or biosecurity by providing advice on responsible behaviours by the public and land managers In summary, the public are advised to: Avoid direct contact with, or feeding, farmed animals An example given is that of a mountain guide who is taking a client out on a commercial basis: this activity is permitted because the activity involved could be done by anybody exercising their access rights in the normal manner. If you come across others and the walking path is narrow, be patient and allow others to pass safely. The Scottish Outdoor Access Code is all about your rights and responsibilities when you're making the most of Scotland's great outdoors. Access rights extend to wild camping. There are three key principles to the code. [15] The code includes an annex listing some of the most relevant pieces of legislation, such as those relating to the control of dogs and the protection of wildlife. Access rights apply to any non-motorised activity, including walking, cycling, horse-riding and wild camping. In Gloag v. Perth and Kinross Council the sheriff allowed about 5.7 hectares (14 acres) surrounding Kinfauns Castle, a property belonging to Ann Gloag, to be excluded from access rights. Never intentionally or recklessly disturb or destroy a plant, bird, animal or geological feature. Under Scots law everyone has the right to be on most land and inland water for recreation, education and going from A lot of Scotland's countryside location may still be shut to the public and should NOT be attempted to access while under lockdown: Always follow the Scottish Outdoor Access Code and enjoy our great outdoors - we're all very lucky to have them! The Scottish Outdoor Access Code differs significantly from The Country Code in that it promotes access rights that include crossing over land and non-motorised recreational activities like walking, cycling, angling and horse riding, and will normally apply in all rural settings. Outdoor Access Code. Take account of access rights if you manage contiguous land or water. [14] Access rights also extend to activities carried out commercially, but only where the activity could also be carried out on a non-commercial basis. Scottish access rights apply, for example, to hills and moors, forests and woods, beaches and the coast, rivers and lochs, parks and some types of farmland. The 3 key principles of the Code are: • take responsibility for your own actions • respect the interests of other people • care for the environment This guide expresses the key points within the Code relevant to mountain biking. The code is based on three key principles which apply equally to the public and to land managers: Responsibilities are separated into those that apply to access users, and those that apply to land managers. Scotland’s local authorities and National Park authorities are the access authorities in their areas, with a number of specific duties and powers under the Act. Take special care of children: Children aged between 12 and 17 will need to obey physical distancing rules when exploring outdoor spaces. 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. The Scottish Rights of Way & Access Society. Travellers on the Affric Kintail Way are advised to familiarise themselves with the main principles of the Scottish Outdoor Access Code (SOAC). The basis of access rights in Scotland is one of shared responsibilities, in that those exercising such rights have to act responsibly, whilst landowners a… It also describes where access rights don’t apply, such as fields of crops or the gardens of houses. Field surveys of natural or cultural heritage are also covered under this definition. Change your preferences at Shore access rights do not extend to driving or parking any vehicles needed to enable watersports. The Scottish Outdoor Access Code gives detailed information on these rights and responsibilities, under three main rules: respecting the interests of other people; caring for the environment; taking responsibility for your own actions; Visit the Scottish Outdoor Access Code website to read the full Code. The Scottish Outdoor Access Code applies all year-round and offers some great tips and advice so that you can enjoy these spaces safely, and give their staff the time and space they need to look after them properly. The rights confirmed in the Scottish legislation are greater than the limited rights of access created in England and Wales by the Countryside and Rights of Way Act 2000 (CRoW). There are three key principles to … Always consider your journey before you travel, think about the time of day and alternative ways to travel, or places to visit. Access rights do not extend to the land surrounding a house or other dwelling (e.g. [21], Responsible access under the access code can be enjoyed over the majority of land in Scotland, including all uncultivated land such as hills, mountains, moorland, woods and forests. Using public transport: capacity on public transport is limited due to the need to remain 2 metres away from anyone outside of your household, and masks are now mandatory. Loch Lomond, The Trossachs, Stirling & Forth Valley. The Land Reform (Scotland) Act 2003 established a statutory framework of public access rights to most land and inland water. Camping around many of the lochs within the national park is now restricted to designated areas, and campers are required to purchase a permit to camp within these areas between March and October. Find out more about everyone’s access rights and responsibilities in Scotland’s outdoors. Walk Fife. a static caravan) to the extent needed to provide residents with a reasonable measures of privacy. Company number 24243. Scottish Outdoor Access Code. Download the … For further detail on any of these issues, please refer to the Scottish Outdoor Access Code (Section 5 and Annex 1) from the link above. means the code prepared under section 10 of the Land Reform (Scotland) Act 2003(c) Manage Cookie Settings. Never before have we appreciated Scotland's great outdoors so much! Wild camping. place to place providing they act responsibly. These access rights and responsibilities are explained in the Scottish Outdoor Access Code. The Scottish Outdoor Access Code provides detailed guidance on the exercise of the ancient tradition of universal access to land in Scotland, which was formally codified by the Land Reform (Scotland) Act 2003. Der Code hat drei zentrale Grundsätze. Access Rights in Scotland. All public access rights to most land and inland water are set out in the Land Reform (Scotland) Act 2003. Our coasts and waters are great places to visit for all the family, but make sure you plan ahead where appropriate. But as we look to travel a little further and explore a little more, it's important to remember that our open spaces may look a little different now and we need to behave a little differently when we visit them. The Scottish Outdoor Access Code (SOAC) came in to effect in February 2005. The concordat spoke of the need for access to be exercised responsibly, and so can in some ways can be seen as a forerunner to the modern Code, although it lacked legal status, and did not address access rights to inland waters. You can search for businesses that are open, and Good to Go, where they have a Covid-19 risk assessment. Failure to comply with the Code is not, in of itself, an offence, however where a dispute cannot be resolved and is referred to the courts for determination, the sheriff will consider whether the guidance in the Code has been disregarded by any of the parties. The Scottish Outdoor Access Code is a simple guide to make sure that you can get the most out of the environment around you in a responsible way. Think of it as your reward for putting the recycling out every week! means the code prepared under section 10 of the Land Reform (Scotland) Act 2003(c) Wash your hands or gloves as soon as you get home. This is because staff have been unable to carry out their regular checks to ensure it's safe for visitors to use. It is expected to provide sufficient guidance to ensure that most access problems can be resolved by reference to it. Access to the countryside was increased by statute with the creation of the Countryside and Rights of Way Act 2000 for England and Wales and the Land Reform (Scotland) Act 2003, in Scotland, these rights exist only if they are exercised responsibly, as specified in the Scottish Outdoor Access code. The Scottish Outdoor Access Code applies all year-round and offers some great tips and advice so that you can enjoy these spaces safely, and give their staff the time and space they need to look after them properly. There are also some areas of land where public access can be prohibited, excluded or restricted under other legislation. The Scottish Outdoor Access Code helps to make our outdoor spaces more enjoyable for everyone. Manage your expectations: it is key to remember that now restrictions have eased, a lot of outdoor areas have not been operating for over two months, so even when they re-open, staff will need time and space to check the access to some paths, clean and service facilities, and generally make sure the area is ready for visitors again. Water areas - it is always important to be mindful when around bodies of water. These include outdoor activities, such as walking, cycling, horse riding, carriage driving, rock climbing, hill-walking, running, orienteering, ski touring, ski mountaineering, caving, canoeing, kayaking, outdoor swimming, rowing, windsurfing, sailing, diving, and air sports such as paragliding. Der Scottish Outdoor Access Code (der Schottische Code zum Zugangsrecht) gilt das ganze Jahr über und hält einige großartige Tipps und Ratschläge für Sie bereit, damit Sie Schottlands Natur sicher genießen können und die Mitarbeiter genug Zeit haben, sich um den Naturraum zu kümmern. 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