Who has duties and powers

Duties and powers under the Land Reform (Scotland) Act 2003

Access Authority: (The ‘access authority’ is the local authority or the national park authority).

Duties:

• Publicise the Code - s10
• Uphold access rights – s13
• Core paths planning: prepare, adopt review, s17,18,20
• Establish a local access forum, s25
• Review (and modify) any existing byelaws within 2 years, s30

Powers:

• Exempt land from access rights for short periods, s11
• Make byelaws, s12
• Removal of prohibition signs, obstructions, etc, s14
• Measures for safety, protection, guidance, s15
• Land acquisition, s16
• Maintenance of and directions to core paths, s19
• Path agreement, s21,  Path order, s22
• Control ploughing etc of core paths and rights of way, s23
• Appointment of rangers and access officers, s24
• Powers of entry to land, s24,26
• Entitlement to be party to any declaration proceedings by the sheriff, s28

NatureScot:

Duties:  

To draw up and issue the Scottish Outdoor Access Code; to publicise and to promote understanding of the Code; and to keep the Code under review, s10.

Powers:   

To modify the Code after review, s10;  powers to protect the natural heritage, s29

Entitlement:

To be consulted over byelaws, s12; and core paths plans, s18

Sheriff court:

Powers: 

To issue a declaration,s28, over -

• whether specified land is land where access rights are exercisable
• whether a person is responsible in their exercise of access rights or their management of land where access rights are exercisable
• whether a path is a right of way of any sort