Scottish Outdoor Access Code

The Scottish Outdoor Access Code provides detailed guidance on the exercise of the ancient tradition of universal access to land in Scotland, which was formally codified by the Land Reform (Scotland) Act 2003. Under Scots law everyone has the right to be on most land and inland water for recreation, education and going from place to place providing they act responsibly.^[1] The basis of access rights in Scotland is one of shared responsibilities, in that those exercising such rights have to act responsibly, whilst landowners and managers have a reciprocal responsibility to respect the interests of those who exercise their rights.^[2] The code provides detailed guidance on these responsibilities.

Access rights apply to most land regardless of whether it is owned by the state, private individuals, companies, or voluntary and charitable bodies.^[3] The rights covers any non-motorised activity, including walking, cycling, horse-riding and wild camping, and also allow access on inland water for canoeing, rowing, sailing and swimming.^[4] The rights confirmed in the Scottish legislation are greater than the limited rights of access created in England and Wales by the Countryside and Rights of Way Act 2000 (CRoW).^[5]

The Code has been approved by both the Scottish Government and the Scottish Parliament. It is expected to provide sufficient guidance to ensure that most access problems can be resolved by reference to it. Failure to comply with the Code is not, in of itself, an offence, however where a dispute cannot be resolved and is referred to the courts for determination, the sheriff will consider whether the guidance in the Code has been disregarded by any of the parties.^[6]