Traditionally rights of way law has been formed in the courts so there is much more case law about them than statutory legislation. ��vdk�r[��Ų�Cө�ڳkkV�nнr(������lx���>"���nm�?��9oq=�k�ݙڸ�*aޟ�Φ��p�u��C�/yf��O��wH�7J~��0d�J$xu They are also responsible for the maintenance of gates and stiles to ensure that they do In partnership with Scottish Natural Heritage (SNH) and the National Access Forum (NAF) we produced a public access delivery plan for action under Part 1 of the Act. It also describes where access rights don’t apply, such as fields of crops or the gardens of houses. Cases relating to the new access rights and responsibilities under Part I of the Land Reform (Scotland) Act 2003 will be of particular interest. F or centuries, the public have had the right to roam the landscape in Scotland - a tradition linked to the freedom to wander at will known as 'stravaiging'. Respect people’s privacy and peace of mind. The freedom to roam, or "everyman's right", is the general public's right to access certain public or privately owned land, lakes, and rivers for recreation and exercise.The right is sometimes called the right of public access to the wilderness or the "right to roam".. PUBLIC LAW IN SCOTLAND . Part 1 of the Act sets out a right of responsible non-motorised access for recreational and other purposes, to land and inland water throughout Scotland, with a few exceptions. The plan details the tasks for us, the access authorities, SNH, NAF, local access forums, Historic Scotland, public agencies, Sheriff Courts, the police, membership organisations, the Paths for All partnership, and network organisations. 671 0 obj <> endobj 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 … But there are some places where Scottish access rights don’t apply – like private homes and gardens, and land on which crops are growing. The Scottish Outdoor Access Codesets out the rights and responsibilities of people exercising access rights under the Land Reform (Scotland) Act 2003, whether they are climbing mountains or watching wildlife. They must be able to justify their actions in relation to other matters – for example interference in a person’s right to liberty may be justified if that person is convicted of a crime and sent to jail. • Care for the environment. If you're a land manager, you also have your own rights and responsibilities to make sure people can enjoy the outdoors safely. %PDF-1.6 %���� E�RKU[������2�Q� �)A?�1�چYY7���]b��۔|6Eca0�iUoM�~�f6�4���0H���{��4�hZ�6-�_�Uꌳ���W�Z���~�a��c It also describes where access rights don’t apply, such as fields of crops or the gardens of houses. The access authorities are responsible for upholding the exercise of access rights over any route, waterway or other means by which access rights may be exercised, and if access is being prevented they can serve a notice requiring the obstruction to be removed. This leaflet explains how you can enjoy the outdoors responsibly. "At a personal level, being able to access Scotland's wild places is a privilege and fundamental to my job as a nature photographer" says Peter. We encourage all our members to become familiar with the code before they head out to the hills or crags. By doing so, the Code provides a practical guide to help everyone make informed decisions about what best to do in everyday situations, and provides the starting point for short promotional codes and more detailed advice. If you are exercising access rights, make sure that you respect the privacy, safety and livelihoods of those living or working in the outdoors, and the needs of other people enjoying the outdoors. Parental responsibilities mean the things you must do to look after your child. Your feedback will help us improve this site, Find The Countryside (Scotland) Act 1967 gives us a statutory duty to protect, assert and keep open and free from obstruction or encorachment public rights of way in its area (including that covered by the Cairngorm National Park Authority).. have a bearing on outdoor access: access rights, public rights of way, private rights of way (servitudes), liability, and navigation and foreshore rights. Ultimately, matters can be referred to the courts for judicial determination on where access rights apply, or what is responsible behaviour by land managers or those exercising access rights. The Scottish Outdoor Access Code sets out the rights and responsibilities of land managers and those exercising access rights. Any queries relating to Scottish access rights should be directed to the access officer at the relevant local authority, or if within a National Park, the Park Authority. %%EOF Access rights are upheld and managed on the ground by local authorities and National Park authorities (called the access authorities). Click to read more about Scottish Outdoor Access Code : public access to Scotland's outdoors - your rights and responsibilities by Scottish Natural Heritage.. LibraryThing is a cataloging and social networking site for booklovers However, access rights must be exercised responsibly, and guidance on your responsibilities is laid out in the Scottish Outdoor Access Code, under the following three principles: Take responsibility for your own actions. When visiting the outdoors, you must behave responsibly, and the Code explains what this means. Access Landowners must allow free access to the right of way and must not obstruct it by erecting fences, padlocked gates or barbed wire etc. You have the right to walk, cycle, ride a horse, paddle a canoe, sail or swim; however with these rights come responsibilities. |jLiX��m!��ck �Rcҁ���V��00�lbRd�shy��� �>VIf�F��� n�p�p0[2>l�j��Y ����e�&����� �2�2�,�L� g�?�K�g`��j�x�1�!W�����6�8�=_Lm�ؠq@���K.�C�JC�������,)L'gX��Z���i���������P����� ��qO� T�Y��v�:�Qԗ��-��5���KUSWI�mu�|�"���*��ʨ�K�j���[��6��� �*��Em�h���0�ʊ���|��y�k�ŶIW���Dm�B,π�dΣi#�$� TI4;�4��`���`��h �r#��j����:�%-@F�b�e1#/���ZK��A�c�0���3�V-~��u�+�K��_A�����d�a`r�.`���x��(���!�s����p��+���*�_�9���������+!|�{���Q��/*� V�w�����!j� U�� Respect the interests of others Respect the needs of other people enjoying or working in the outdoors and follow any reasonable advice from land managers. Part 1 of the Act sets out that management of access is the responsibility of access authorities, and gives them duties and powers to manage access in their areas. Rights of way have been in existence since time immemorial. The right of access only applies if it is exercised responsibly, and the Code sets out what counts as responsible behaviour in a v… The countryside is also a home and workplace to people and wildlife and it is important that we understand our responsibilities and behave in a way which does not cause damage or annoyance to others. Government and public bodies and must have a good reason for interfering with other civil political rights, and have a responsibility to give effect to economic, social and cultural rights. Scotland’s access rights are yours to enjoy – as long as you do so responsibly. Your access rights and responsibilities are explained in the Scottish Outdoor Access Code. We have established an annual monitoring return to collect information from access authorities on their progress and expenditure in fulfilling the duties and using the powers set out above and in the Act. The Scottish Outdoor Access Code sets out where access rights apply and what can be done within access rights. Your Rights. h�bbd```b``�"w�H��`�� ��*����) �k.��Lv�e_���A$�>؄"0[lf5�� ,b3��$��+d`bd`��U�L�g�� � o�B These rights apply to most land and inland water and include walking, cycling and other non-motorised activities. C����z�H,#nL�Zw��d�0���� endstream endobj 672 0 obj <>/OCGs[693 0 R]>>/Outlines 311 0 R/Pages 638 0 R/StructTreeRoot 357 0 R/Type/Catalog>> endobj 673 0 obj <>/ExtGState<>/Font<>/ProcSet[/PDF/Text]/Properties<>/MC1<>>>>>/Rotate 0/StructParents 0/TrimBox[0.0 0.0 419.528 595.276]/Type/Page>> endobj 674 0 obj <>stream Public Access Rights in Scotland. But the right raises many questions, not least in the area of responsibilities both … out more about cookies, Cabinet Secretary for Environment, Climate Change and Land Reform, map showing all the core paths in Scotland, reports for monitoring implementation of Part 1 of the Land Reform Act, to uphold the exercise of access rights over any route, waterway or other means by which access rights may be exercised, to plan for a system of core paths that gives the public reasonable access throughout their area, mediating with a land manager for you, if access rights are being illegally prevented, clarifying where access rights do and do not apply on someone’s property, deciding what routes should be promoted across property, including alternative routes where a land management activity is taking place, putting up signs to indicate routes to take, remind people of their responsibilities, or warn them of hazards. The main duties placed on access authorities are: Core paths must cater for everyone, including those with disabilities. PUBLIC LAW IN SCOTLAND . Any data collected is anonymised. This is the basis for the wide-ranging freedom we enjoy to spend time in the countryside. A range of mechanisms are in place to achieve this, inc… You have a number of rights in relation to the personal data that Police Scotland holds about you. Outdoor access rights and responsibilities Perthshire offers many opportunities to get out and enjoy the outdoors, to walk, cycle, ride or paddle down rivers and camp overnight. The GDPR and Data Protection Act 2018 made these rights easier to exercise, however, they are dependent on our justification – or ‘lawful basis’ – for processing your data. You rely on the Right of Public Access whenever you go out in the Swedish countryside – whether it is to take a walk, go kayaking, climb a mountain or just sit down on a rock to think. 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