Land Reform (Scotland) Act 2003
The Land Reform (Scotland) Act 2003 came into force on 9th February 2005 bringing in a range of new rights and responsibilities for both land managers and recreation users. It gives the Council a number of new statutory duties and powers. The Act establishes a statutory right of responsible access to land and inland for -
- Outdoor recreation
- Crossing land
- Some educational and commercial purposes
Scottish Outdoor Access Code
The Scottish Outdoor Access Code has been produced by Scottish Natural Heritage to give guidance on your responsibilities when exercising access rights. It outlines the 3 key principles of responsible access:
- Respect the interests of other people
- Care for the Environment
- Take responsibility for your own actions
The Highland Council has a statutory duty to implement the new powers and obligations of the Act and has an Access Team delivering services throughout the Highlands apart from that area contained within the boundaries of the Cairngorm National Park. To obtain access information for the National Park follow the External Link.
There is an extensive network of footpaths and hill walking routes in the Highlands. This is a magnificent asset, providing opportunity for healthy outdoor recreation in scenic surroundings. As local Planning Authority, the Council has a duty under the Countryside (Scotland) Act 1967 to asset, protect and keep open and free from obstruction or encroachment any public right of way within its area. The Council may also take appropriate legal action to maintain the public right of passage and can also divert or extinguish routes where necessary.
Under the Land Reform (Scotland) Act 2003 Highland Council as the Access Authority, has a statutory requirement to produce a Core Path Network Plan within 3 years of the legislation coming into effect. Six plans are being developed for the Council Area. These will cover Caithness, Sutherland, Skye & Lochalsh, Lochaber, Ross & Cromarty and Inverness & Nairn.
All 6 areas have completed a 3-stage process:
- Initial information gathering sessions (drop-in sessions, postal questionnaires etc);
- Draft Consultative Core Paths Plans drawn up and circulated for second stage consultations;
- Formal 12 week consultation period with comments & objections being submitted for consideration/resolution.
Although the formal consultation period is over for all areas, plans can still be viewed on the following link:
Strategic Environmental Assessment for the Core Paths Plans
A copy of the determination report submitted to the SEA Gateway can be viewed here, along with information relevant to the determination:
Local Projects
Two local Access Projects are underway which have gained Scottish and European funding. These are the Access in Lochaber project and the Skye and Lochalsh Footpath Initiative.
The Access Team within the Highland Council consists of 6 Access Officers based in the areas they represent plus two support staff based in Headquarters in Inverness.
The Highland Council has established 6 Local Access Forums throughout the Highlands in each of the following geographical areas - Caithness, Sutherland, Skye & Lochalsh, Lochaber, Ross & Cromarty and Inverness & Nairn who advise the Council on access issues. Meetings are regularly held and are open to the public.
A Highland Council Access Strategy 2006-2011 is currently in draft format. This will provide a strategic framework for the development of Core Path Plans which the Council is required by statute to prepare and submit to Scottish Executive Ministers by February 2008.
A Strategic Environmental Assessment has been undertaken for the Strategy. A copy of the report submitted to the Scottish Executive can be viewed here:
Where events take place that may affect the public taking access, an Exemption Order may be required to exempt that area of land for the duration of the event.
Current Exemptions:
There are currently no exemption orders in place.