Land Reform Scotland Act 2003 – a right of responsible access
Part One of the Land Reform Scotland Act 2003 clarifies people’s right to enjoy the outdoors responsibly.
The act establishes a statutory right of responsible access to most open land and inland waters for:
- outdoor recreation
- crossing land
- some educational and commercial purposes.
Permitted activities include:
- walking
- cycling
- horse riding
- water sports
Access rights do not extend to:
- Hunting, shooting or fishing.
- Anyone behaving in a manner which constitutes a statutory offence.
- Motorised vehicles, except for disabled access.
- Anyone responsible for a dog which is not under proper control.
- Anyone taking away anything from the land for commercial purposes.
Orkney Islands Council’s main duty is to uphold responsible access rights.
Scottish Outdoor Access Code
The Scottish Outdoor Access Code defines what is meant by responsible access. The Code gives detailed advice and guidance to users and land managers on what their responsibilities are in relation to access.
Land Reform Scotland Act 2003 – landowners’ obligations
Most open land is owned privately and is predominantly used for agricultural in Orkney. People have a right of access over this land but must do so responsibly.
Part One of the Land Reform Scotland Act 2003 also clarifies landowners’ reciprocal rights when managing land to facilitate peoples’ access rights.
Landowners have a duty to use and manage their land in a way which respects access rights. They can do this by:
- Not preventing, hindering or deterring people from exercising access rights without due cause.
- Considering access rights when making land management decisions.
- Putting up signs to make people aware of any potential hazards.
If an owner of land does anything for the purpose of preventing or deterring access rights then local authorities have powers under section 14(2) 7of the Act to require the owner, by written notice, to take remedial action. If the owner fails to comply, section 14(3) of the Act empowers the local authority to remove signs or notices or take other remedial action and to recover the reasonable costs of doing so.
Landowners are encouraged to liaise with Orkney Islands Council because open dialogue is vital in order to facilitate effective access management and should reduce the need of defending legal proceedings, as allowed for under section 13(3) of the Act.
Who can I contact for help and advice?
If you have any questions about your access rights or people accessing your land or want to report an access issue, please contact Erica Niven (Rural planner) in the Development and Marine Planning section at erica.niven@orkney.gov.uk or by calling 01856873535 extension 2541.
