The right to roam also brings responsibilities - Louise Jones

The so-called ‘right to roam’ was introduced as part of the Land Reform (Scotland) Act 2003 giving individuals access to land for recreational and educational purposes. Scotland now has some of the most open access rights in the world, and far more than those in England where the rules are much stricter.
There has been no formal review of the ‘right to roam’ legislation since it was first approved by the Scottish Parliament in 2004There has been no formal review of the ‘right to roam’ legislation since it was first approved by the Scottish Parliament in 2004
There has been no formal review of the ‘right to roam’ legislation since it was first approved by the Scottish Parliament in 2004

Under the Scottish Outdoor Access Code, landowners or managers must ensure they do not unduly deter others from gaining responsible access. Local authorities or, where relevant, national park authorities, must also uphold access rights and can serve notice on landowners if they feel they are unreasonably impeding public access.

Along with these rights, there are responsibilities for those who wish to enjoy the ‘right to roam’. As a matter of statute, the above rights must be exercised reasonably and responsibly. The 2003 Act outlines some basic principles including that those who roam on land must be responsible for their own actions, respectful of other’s privacy and peace of mind, and careful in safeguarding the environment.

Hide Ad
Hide Ad

The global pandemic led to an unprecedented increase in the volume of people accessing the countryside, many of them doing so for the first time, and has raised questions as to whether the existing laws are fit for purpose. Landowner and farming organisations reported a barrage of complaints from their members on matters including damaged fences, out-of-control dogs pestering livestock, litter and fly tipping, wild camping, and unauthorised access to farm buildings and private gardens.

Louise Jones, Director at Davidson Chalmers Stewart LLPLouise Jones, Director at Davidson Chalmers Stewart LLP
Louise Jones, Director at Davidson Chalmers Stewart LLP

NFU Scotland surveyed its members on the land access issue late last year where many respondents described the Code as being no longer effective and called for modernisation of the rules to reflect the scale and type of access which is now common. With no formal review of the ‘right to roam’ legislation since it was first approved by the Scottish Parliament in 2004, NFU Scotland believe the post-Covid increase in public access requires a change in rules to protect Scottish farmers and crofters to ensure they are able to ‘safely produce the high quality, sustainable food and drink expected by consumers.’

NatureScot, the public body responsible for Scotland's natural heritage, has a duty to keep the Code under review and it emphasises the need for other organisations to raise any issues or concerns regarding land access legislation. These can be formally reported to NatureScot via the Scottish Outdoor Access review form which covers wider legislative concerns. Meanwhile, issues relating to individual incidents or problems at specific locations should be reported to the relevant local or national park authority.

Reflecting the rising number of concerns from its membership in the wake of Covid, NFU Scotland has also created an access hub on its website. This provides information on a range of Code-related issues, including guidance on access, signage, livestock worrying, and wild camping. It also includes a log to record any issues members may be experiencing with access.

Irrespective of the above developments, the Dogs (Protection of Livestock) (Amendment) (Scotland) Act 2021 came into effect last November to tackle the issue of out-of-control dogs attacking and worrying livestock. The legislation defines protected livestock as sheep, cattle, goats, swine, and horses and also includes alpacas, lamas, ostriches, farmed deer, and enclosed game birds or poultry.

Under this legislation, owners of dogs that attack or worry livestock can now be fined up to £40,000 or even sent to prison for up to 12 months. Police Scotland recommend that farmers and landowners call 999 if the crime is ongoing and animals are being injured. All other criminal incidents can be reported through an online form on Police Scotland’s website or by dialling 101 for the non-emergency help line.

With Covid restrictions now fully lifted, we will likely see a fall in the numbers accessing Scotland’s countryside this summer. However, over the longer term we need to strike a careful balance between the economic benefit to rural areas which outdoor access can bring, against the needs of farmers and landowners who are trying to run a business. Getting this right is important to both individuals wishing to enjoy the countryside and to the needs of the owners and managers of Scotland’s land.

Louise Jones, Director at Davidson Chalmers Stewart LLP

Related topics:

Comments

 0 comments

Want to join the conversation? Please or to comment on this article.