Section 11 of the Land Reform (Scotland) Act 2003 enables Local Authorities to exempt particular areas of land for short periods of time from access rights. The main use of these powers will be to enable admission chages to be charged for an event such as a Golf Tournament, Highland Games or Fete or for other reasons such as in the interests of public safety or security.
Where events take place that may affect the public taking access in that locality, an Exemption Order may be required from the local authority to exempt that area of land for the duration of the event and possibly for periods immediately before and after. Not all events will require an exemption order. For example if the event is unlikely to obstruct a known public access route a temporary advisory note or diversion could divert people around the area without causing significant inconvenience.
Current Exemptions
Snowman Rally
The effect of the Order is to exempt land from the access rights that would otherwise be exercisable by virtue of Part 1 of the Land Reform (Scotland) Act 2003. Rights of Way are not affected by this order.
Exemption Order Notice (pdf 71 kb)
Maps showing the land exempted (pdf 3.7mb)
Exemption Orders – How to Apply
Do I need an Exemption Order?
Not all events will require an exemption order. If the event is unlikely to obstruct a known public access route a temporary advisory note or diversion could divert people around the area without causing significant inconvenience. Consider how serious the risk of non payment is likely to be as it may be possible to manage admission by charging for parking, a programme, or some other service.
People normally show respect for short term events such as open air weddings or funeral services and a public access exemption should not be necessary.
In what circumstances might exemptions be made?
Reasons for exemptions might include:
Allowing a charge to be made for a particular event
In the interests of safety and security
Increasing privacy for particular events
When do I need to apply?
Where an exemption order is for a period of less than 6 days the order can be processed by us and you should make your application to us at least 4 weeks before your event.
What if it's for 6 or more days?
Where the application relates to periods of 6 days or over we must follow a formal consultation procedure and the application must be referred to Ministers for approval. You will therefore need to submit your application to us at least 16 weeks before your event.
How can I apply for an exemption order?
You can download a copy of the application form by clicking on the link below. You should also read the guidance notes carefully before filling in the form.