A brief guide to laws relevant to outdoor access in Scotland

Most public rights of way become established through a history of public use. Common law requirements for status as a right of way are that:

• the route must run from one public place to another public place on a continuous journey from end to end;
• the route must follow a more or less defined route;
• the route must have been used openly, peaceably, and as a matter of right, i.e. without requiring landowner consent; and
• the route must have been used by members of the public for a continuous period of at least 20 years.  

The specified time period stems from the Prescription and Limitation (Scotland) Act 1973 s3(3).

Use by the public does not include use by an individual to take access to and from private property that is not a public place. The exercise of access rights under LRSA does not count as use to establish a right of way (LRSA, s5(5)).

There is no legal requirement for a public right of way to be recorded in a specific document. Any route which meets all of the above criteria will be a right of way.

The national Catalogue of Rights of Way (CROW) was created by the charity ScotWays in the early 1990s with the assistance of Scottish Natural Heritage (now NatureScot) and local authorities. CROW is an amalgamation of rights of way information from a number of different sources, but it is maintained and updated by ScotWays on an ongoing basis to take account of new information received. The recording of a route in CROW is not in itself definitive of its legal status, and CROW does not include all rights of way, many are merely known locally and come to attention only when a problem arises.

In relation to CROW, rights of way are referred to as recorded or unrecorded. Other relevant categorisations may be:

• Vindicated: declared in sheriff court or higher court, or confirmed by Ministers through the extinguishment or diversion process (see below)
• Asserted: local authority considers that a public right of way exists and has asserted it (under Countryside (Scotland) Act 1967 s46(1) power as below)
• Claimed: a route stated to be a right of way that has not been asserted or vindicated. Use of this term is discouraged by ScotWays on the grounds that it is open to mischaracterisation as meaning “spurious” rather than “identified”.

Note – Local authorities have differing policies on the assertion of rights of way, so the significance of the term Asserted is variable dependent upon location i.e. within which local authority (or predecessor body) area the right of way lies wholly or partly.  

Countryside (Scotland) Act 1967  

s46 Protection and maintenance of rights of way

• “It shall be the duty of a local planning authority [including an National Park Authority if also a local planning authority] to “assert, protect and keep open and free from obstruction or encroachment any public right of way which is wholly or partly within their area, and they may for these purposes institute and defend legal proceedings and generally take such steps as they may deem expedient” - s46(1).
• “A local planning authority may repair and maintain any public right of way (not being a public road or a footway) within their area, but this power shall not relieve any other authority or person from any liability with respect to such repair or maintenance” - s46(2).
• “Any person may with the consent of the local planning authority erect and maintain guide posts and direction notices on any public right of way other than a public road” - s46(3).

It is an offence (s44) for the occupier of any field or enclosure to permit a bull to be in that field or enclosure if there is a public right of way through it (with certain exceptions). Fencing, gates etc on rights of way needed for controlling animals may be authorised by the local authority (s45). Definitions of ‘footpath’ and ‘bridleway’ are provided in s47.

Town and Country Planning (Scotland) Act 1997

s206 and Schedule 16 – Extinguishment of public right of way 

A planning authority may by order extinguish a right of way where land has been acquired or appropriated for planning purposes and is being held by the local authority for the purposes for which it was acquired or appropriated. The extinguishment must be confirmed by the Scottish Ministers if it is opposed, or it can be confirmed by the planning authority if there are no sustained objections. In either case, the authority must be satisfied that an alternative right of way will be provided or is not required.

s208 and Schedule 16 – Stopping Up or Diversion of public right of way 

A planning authority may by order stop up or divert any footpath, bridleway or core path if satisfied that it is necessary to do so to enable a development to be carried out in accordance with planning permission granted or by a government department. As the Act defines footpath and bridleway as having the meanings given to them by s47 of the Countryside (Scotland) Act 1967, which include non-vehicular public rights of way, these provisions can be used to stop up or divert such rights of way (see Section 2.2 below).

Land Reform (Scotland) Act 2003

s23 – Ploughing etc.

This applies to rights of way as well as core paths (see Section 1 above).

s28 – Judicial determination of existence and extent of access rights and rights of way

On summary application, a sheriff may declare whether a path, bridleway or other means of crossing land specified in the application is, or is not, a right of way by foot, horseback, pedal cycle or any combination of those (see Section 1 above).

s31 – Application of sections 14 and 15 to rights of way

The powers conferred on local authorities relating to prohibition signs, obstructions, dangerous impediments etc, and measures for safety, protection and guidance apply to rights of way as they do to access rights.

Roads (Scotland) Act 1984

As the definition of a road in the above Act includes rights of way (see Section 2.5), the following provisions of the Act may be applied to rights of way:

s12 – Roads that cross or join public roads

Roads authorities, when constructing or improving a public road, may, by order, stop up or divert a side road which crosses or enters the route of the road or will be otherwise affected by the construction or improvement of the road.

s59 – Control of obstructions in roads

It is an offence to place or deposit anything on a road so as to cause an obstruction without the written consent of the roads authority. The roads authority has powers to remove, or secure the removal of, unauthorised obstructions.

s68 – Stopping up roads by order

This empowers roads authorities to make orders stopping up any road which they consider has become dangerous to the public or unnecessary.

Road Traffic Regulation Act 1984

s14 – Temporary prohibition or restriction on roads

This empowers traffic authorities to make orders temporarily restricting or prohibiting the use of a road under certain specified circumstances [temporary traffic regulation orders]. Since the Act defines a road in Scotland as having the meaning given to it by the Roads (Scotland) Act 1984, s14 may be applied to rights of way.

s16A – Prohibition or restriction on roads in connection with certain events

This empowers traffic authorities to make orders temporarily restricting or prohibiting the use of a road to facilitate sporting or social events, or other entertainment, held on a road.

Road Traffic Act 1988

s33 – Control of motor trials on rights of way

The local authority has a role in the authorisation of any motor ‘trials’ on footpath or bridleway rights of way. s33 makes it an offence to promote or take part in a trial of any description between motor vehicles on a footpath or bridleway, unless authorised under this section by the local authority. A ‘footpath or bridleway’ may include a right of way or a public path under the Countryside (Scotland) Act 1967 Act as above. The local authority shall not give authorisation unless satisfied that the written permission of the landowner and occupiers has been given, and the local authority can attach such conditions to the authorisation as it thinks fit. An authorised trial will not need to abide by any statutory restrictions normally applying to the use of that path, but this does not prejudice any right or remedy of a person having an interest in the land.

Countryside (Scotland) Act 1967, ss30–38

These powers in respect of ‘public paths’ are repealed under the LRSA, but (under para 7 of Schedule 2 of the LRSA) continue to have effect:

• to the extent that these rights and facilities are not secured by LRSA
• in relation to land where access rights are not exercisable (s6 LRSA)
• in relation to rights of way.

Public Path Creation Agreement, s30

The local authority is able to make an agreement with the person having control over the land, for the creation by that person of a public path over the land. The agreement may include terms of payment etc. and be subject to such limitations or conditions as shall be agreed.

Public Path Creation Order, s31

The local authority may create a path where it appears to the local authority that there is a need for such a path, and a s30 agreement is impractical. The local authority must have regard to:

• the added convenience or enjoyment for the public or local residents
• the effects on the rights of those having an interest in that land.

Public Path Extinguishment Order, s34

For use where a local authority is satisfied that a public path in their area is not needed for public use and it is expedient to close it. The order must be submitted to Scottish Ministers, who have a duty not to confirm it unless satisfied over further specified considerations.

Public Path Diversion Order, s35

For use where a land owner satisfies the local authority that it is expedient that the line of the path or right of way should be diverted “for securing the efficient use of land … or providing a shorter or more convenient path”. The diversion order must be confirmed by Scottish Ministers, and Ministers have a duty not to confirm unless a further set of requirements are met under s35(5).

For the three types of Orders, compensation is payable for damage or depreciation arising. For all four procedures, the local authority must register the Agreement or Order as soon as possible in the Register of Sasines / Land Register, then it becomes binding on subsequent title-holders.

These powers for public path agreements and orders are complementary to the LRSA powers for path agreements and orders (ss21, 22), in that the LRSA powers can only be applied to land on which access rights are exercisable.

Town and Country Planning (Scotland) Act 1997

s208 and Schedule 16 - Stopping up or diversion of a public path

A planning authority may, by order, stop up or divert any footpath or bridleway which is a public path under ss30-35 of the Countryside (Scotland) 1967 Act, if satisfied that it is necessary to enable a development to be carried out by a government department or where a planning permission has been granted. The order may provide for 

• the creation of an alternative path, or path improvement
• authorising or requiring works to be carried out
• the preservation of any statutory undertaker’s rights
• requirements over payment or contributions.

The order must be confirmed by the Scottish Ministers if it is opposed, or it can be confirmed by the planning authority if no objections are sustained.

Countryside (Scotland) Act 1967, ss39-43

These sections set out powers for establishing routes to enable extensive journeys on foot, cycle or horseback, wholly or mainly off-road. Route proposals, with maps and costings, are to be prepared by Scottish Natural Heritage (NatureScot) in consultation with every planning authority on the route and submitted to Scottish Ministers. Proposals as approved by the Ministers must be implemented by the local authorities. There are also powers for variation of approved proposals if required, and for providing and operating ferries.

Roads (Scotland) Act 1984

This Act makes provision for establishing, maintaining and managing roads in Scotland.

A road means “any way (other than a waterway) over which there is a public right of passage (by whatever means) and whether subject to a toll or not and includes the road’s verge, and any bridge (whether permanent or temporary) over which, or tunnel through which, the road passes” (s151).

A road is a “public road” where the roads authority has a duty to maintain it (s151). The local roads authority must manage and maintain all roads in its area as entered on its list of public roads, and it may determine how public rights of passage may be exercised over a public road (s1(1)).

A roads authority may provide footways, subways and footbridges for pedestrians in the location of a public road. (ss25 and 26).

A roads authority may add or delete roads from its list of public roads, by following the required statutory process (s1(4)). Deletion of a public road from the list of public roads converts it into a private road, but it does not affect public rights of passage.

A roads authority may temporarily restrict or prohibit traffic or foot passage on any road, and (where practicable) specify an alternative route, where an order cannot be made under sections 14 or 16A of the Road Traffic Regulation Act 1984 (s62).

A roads authority may also stop-up a road which has become dangerous, or is or will become unnecessary (s68). In proceeding with a stopping-up order, the roads authority may reserve a means of passage for pedestrians, cyclists or both (s68(4)).

It is an offence to place or cause an obstruction in a road without the consent of a roads authority (s59), to cause damage to roads (s100), to place rope, wire or other apparatus without adequate warning (s101) or to plough unenclosed land adjacent to a public road without making side ridges at least 3 metres in breadth along the sides of the road (s102).

Road Traffic Regulation Act 1984

s14 – Temporary prohibition or restriction on roads

This empowers traffic authorities to make orders temporarily restricting or prohibiting the use of a road, including by pedestrians, under certain specified circumstances (temporary traffic regulation orders).

s16A – Prohibition or restriction on roads in connection with certain events

This empowers traffic authorities to make orders temporarily restricting or prohibition the use of a road, including by pedestrians, to facilitate sporting or social events, or other entertainment, held on a road.

Reference: 
Guidance on Roads and Access Legislation in Scotland (Scottish Natural Heritage, 2022)

Roads (Scotland) Act 1984, s151

A ‘road’ is defined as: ‘any way (other than a waterway) over which there is a public right of passage (by whatever means) and includes the road verges and any bridge or tunnel over or through which the road passes’.

Note – Access rights under the LRSA do not constitute a public right of passage for the purpose of defining a road under this Act (LRSA, s5(6)).

Section 151(2) defines types of ‘road’ according to the type of right of passage:

• Carriageway – public right of passage by vehicle
• Cycle track – rights by pedal cycle only, or by pedal cycle and foot only
• Footway – rights by foot only, associated with a carriageway
• Footpath – rights by foot only, not associated with a carriageway

A ‘public road’ means a road which a roads authority has a duty to maintain.

Horses are not specifically mentioned in this Act, but may be taken as being included in the bracketed phrase ‘(by whatever means)’, so bridleways are therefore a form of carriageway in this definition.  

Road construction

Under this Act, the roads authorities can alter or construct local roads, and Scottish Ministers can alter and create trunk roads and special roads (motorways). This process usually involves the publication of roads orders for consultation.  

Appraisal and Assessment

All transport projects should be planned in accordance with the Scottish Transport Appraisal Guidance. The effect on non-vehicular users (‘accessibility’) is assessed by looking at effects on community severance, public transport, effect on journey times, changes in travel patterns, etc.  

Reference:
Scottish Transport Appraisal Guidance (STAG) (Scottish Government)

Road schemes are subject to Environmental Assessment using guidance in the Design Manual for Roads and Bridges. Volume 11, Section 3, LA112 deals with assessing and reporting environmental effects of highway projects on population and health. When assessing roads schemes, an approach similar to the draft model planning condition (see Section 2.17) could be adopted, to take account of wider rights of access.  

Reference:
Design Manual for Roads and Bridges and DMRB Volume 11 Section 3 LA 112 Revision 1 Sustainability and environment. Appraisal. Population and human health (National Highways, 2020)

Road Traffic Act 1988

Use of motor vehicles off-road

s34 makes it an offence (except with lawful authority or in an emergency) to drive a motor vehicle on any land which is not part of a road (e.g. common land, moorland, etc). It is also an offence to drive a motor vehicle on any ‘road’ which is a footpath (as defined by the Roads (Scotland) Act 1984) or bridleway, i.e. a right of way or public path.

Parking

s34 makes allowance for a motor vehicle to be driven off-road for no more than 15 yards solely in order to park the vehicle. However, it specifically notes that this exception does not confer any right to park the vehicle on the land, and clarifies that this may constitute trespass if done without lawful authority.

s22 makes it an offence to park or leave a vehicle or its trailer in a position likely to cause danger to other road-users.

Property Law

It is generally worth noting that private land includes no inherent right to park. Access with motor vehicles, and parking, will be subject to the discretion of the landowner, save in respect of land subject to a public right of way for vehicular access or over which public rights of passage exist.

You should take care not to take unauthorised vehicular access to private land.

Trespass (Scotland) Act 1865, s3 

Under s3 it an offence to lodge in any premises, or occupy or encamp on any land, being private property, without the consent and permission of the owner or legal occupier of such premises or land, unless done in the exercise of access rights.  It is also an offence to encamp or light a fire on or near any road, enclosed or cultivated land, or in or near any plantation without the consent and permission of the owner or legal occupier of such road, land or plantation, unless done in the exercise of access rights. 

Civic Government (Scotland) Act 1982, s56 

Under s56 it an offence to lay or light a fire in a public place so as to endanger any other person, or give them reasonable cause for alarm or annoyance, or so as to endanger any property. 

Roads (Scotland) Act 1984, s100 

Under s100 it an offence to damage a road, or endanger traffic on a road, by unlawfully lighting a fire within, or permitting a fire for which responsible to spread within, 30 metres of a road. 
 
References: 
Guidance - Open fires and BBQs in the outdoors – Regulations, laws and rules on fires and fire lighting (NatureScot, 2025) 

Scottish Outdoor Access Code – Annex 1 Existing criminal offences created by statute (Scottish Natural Heritage, 2005) 

Natural Environment (Scotland) Bill, s33 

Once enacted, s33G will modify s201 of the Local Government (Scotland) Act 1973 such that a local authority may make byelaws in connection with the prevention of wildfire (including, in particular, by prohibiting or regulating the lighting and control of a fire or any activity likely to cause a fire) and create a new s204A to enable the issuing of fixed penalty notices in respect of any byelaws made under s201 which relate to the prevention or suppression of wildfires. 

Land Reform (Scotland) Act 2003, s24

‘A person appointed under this section as a ranger’ by the access authority may enter any land where access rights apply, to advise and assist the owner and other members of the public in any matter relating to the exercise of access rights, and to perform other duties in relation to access rights as determined by the access authority.

Land Reform (Scotland) Act 2003, s26 

‘Any person authorised by the access authority to do so’ may enter any land for a purpose connected to the exercise of an access authority’s functions under Part 1 of this Act. This must be at a reasonable time, and after giving reasonable notice to the owner, except in the case of an emergency or when dealing with safety matters or maintenance in relation to core paths.

Countryside (Scotland) Act 1967, s65

Provides a specific power for public authority rangers to enter land for the purpose of exercising any of the functions for which they were appointed.

Countryside (Scotland) Act 1967, s75

Gives a general power of entry for the purpose of surveying land in connection with the making of public path creation agreements and public path creation, extinguishment and diversion orders, for land acquisition, and for the assessment of any related compensation claims.

Town and Country Planning (Scotland) Act 1997, s269

Provides powers of entry for persons authorised by the planning authority for surveying in relation to preparing structure or local plans and development control matters.  

Roads (Scotland) Act 1984

Gives powers of entry to persons authorised by a roads authority to enter land to carry out duties under this Act. It is usual for the person entering land using any of these powers to carry evidence of authority and, where required, to give reasonable notice.

British Waterways Act 1995

Gives powers of entry to persons authorised by the Scottish Canals to enter on land and carry out on that land “relevant operations”, such as the inspection, survey, repair maintenance, alteration, renewal or protection of inland waterways, other than Lochs Lochy, Oich, Ness and Dochfour.  

Forestry and Land Management (Scotland) Act 2018

Give powers of entry to the Scottish Ministers to enter land to determine whether a tree has been, or is being, felled other than in accordance with the provisions of this Act.

Byelaws may be used to restrict or regulate particular public rights in specific areas, and may be useful in that they have legislative force and carry criminal sanctions. Byelaws are secondary legislation (made by a public agency not by Parliament) but they must be consistent with and must not duplicate the general law. They can be quite cumbersome to establish, require confirmation by Scottish Ministers, and need to be reviewed after ten years. They have tended to be less used in recent years, partly reflecting more positive general approaches to visitor management, and if still in use tend to be seen as an instrument of last resort with a more focused, problem-solving role.

National Parks and Access to the Countryside Act 1949, s20

Local authorities may make byelaws to protect local nature reserves. Such byelaws may provide for prohibiting or restricting entry or movement within the reserve, preventing or restricting disturbance to soil, vegetation and species, prohibiting or restricting the shooting of birds, controlling the depositing of rubbish, and regulating the lighting of fires.

Countryside (Scotland) Act 1967, s54

Local authorities may make byelaws relating to public paths, long distance routes, public rights of way, country parks, land or water acquired for public access by the authority or the subject of an access agreement or order, and picnic sites managed by them under the Roads (Scotland) Act 1984, s4. Byelaws may be made for the preservation of order, for the prevention of damage and for the management of behaviour so as to avoid undue interference with the enjoyment by others. Although the powers to make public paths and access agreements and orders have been repealed by the LRSA, the byelaw-making power remains relevant for these access provisions. The NPA may be consulted if the byelaw would apply in their area.

Countryside (Scotland) Act 1967, s56A

Local authorities may make byelaws to control the use on land or waterways of vehicles (including hovercraft and boats) and the landing and taking off of aircraft. The byelaws must be promoted to prevent disturbance by engine noise to the enjoyment by the public of quiet areas of the countryside.

Local Government (Scotland) Act 1973, s201

Local authorities may make byelaws under this Act for all or part of their area, for the purposes of ‘good rule and government’, or for the prevention and suppression of nuisances. s202-204 of this Act also establish procedural provisions for byelaws, made under this Act or made under any other enactments whenever passed, concerning matters such as authentication, periods for public notice, confirmation, offences and fines, and certification.

Once in force, s49 of the Natural Environment (Scotland) Act 2026 will modify s201 of the Local Government (Scotland) Act 1973 such that a local authority may make byelaws in connection with the prevention of wildfire (including, in particular, by prohibiting or regulating the lighting and control of a fire or any activity likely to cause a fire) and creates a new s204A enabling the issuing of fixed penalty notices in respect of any byelaws made under s201 for the prevention or suppression of wildfires.

Civic Government (Scotland) Act 1982, s121

Local authorities may make byelaws for the ‘seashore’ and the adjacent waters, for the purpose of preventing nuisance or danger, or preserving or improving their amenity, or conserving their natural beauty. That includes conservation of flora and fauna and geological features. The ‘seashore’ is defined as the land between low and high water spring tides together with cliffs, banks, dunes, barriers, beach, flat, esplanade or other land above the high water mark and adjacent to the shore to which the public have a right of access. The byelaws may apply to the ‘adjacent waters’ within one kilometre of the low water mark. Such byelaws may regulate the exercise of sporting and recreational activities, control the speed of pleasure boats, regulate the use of pleasure boats having regard to the safety and consideration of others, require the use of silencers on pleasure boats, regulate the activities of people taking recreation in the water, control the use of vehicles and prohibit or regulate any business.

These byelaws can no longer be made in respect of inland waters (LRSA, Schedule 2.8).

Local Government and Planning (Scotland) Act 1982, s18

Local authorities and national park authorities may make byelaws for the regulation and preservation of, and for regulating the conduct of persons using, recreation, sporting, cultural and social facilities, including parks provided for public use. The facilities must be owned or managed by the authority, although byelaws may be applied, with the agreement of the owner to facilities owned or managed by someone else.

Land Reform (Scotland) Act 2003, s12

Local authorities may make byelaws in relation to land in respect of which access rights are exercisable for the preservation of public order and safety, the prevention of damage, the prevention of nuisance or danger, and the conservation or enhancement of natural or cultural heritage.

Example: 
Scottish Borders Council byelaw for regulation of access rights on land at Huntlaw and Muirfield Farm (in connection with Centre Parcs development)

National Trust for Scotland Order Confirmation Act 1935, s33

The National Trust for Scotland may make byelaws for the regulation and protection of, and for the prevention of nuisances and the preservation of order upon, lands owned or managed by the Trust. The activities that may be regulated under the byelaws are wide-ranging.

Water (Scotland) Act 1980, s71

Scottish Water may make byelaws to protect water, which belongs to them or which they are for the time being authorised to take, from pollution. Scottish Water also has power under s63 of the Countryside (Scotland) Act 1967 to promote the recreational use of its waters and to make byelaws prohibiting or regulating the use of land or water in which it has an interest for boating, swimming or other recreational use.

British Waterways Acts 1971 and 1975 (amending the British Transport Commission Act 1954, s16)

Scottish Canals may make byelaws for regulating the use of canals and inland waterways and the conduct of people using them. Amongst other things, byelaws may provide for the specification of vessels using the canals, prohibiting the loading, discharging and mooring of vessels, preventing or regulating bathing, and for prohibiting the passage of persons, vehicles and animals along the towpaths. They may also exclude vessels from canals and waterways, and they may prohibit water skiing and similar activities on the canals and waterways.

National Parks (Scotland) Act 2000, s9 and Schedule 2 para 8

National Park authorities may make byelaws for the purposes of protecting the national and cultural heritage of the Park, preventing damage to land and property and securing the public’s enjoyment of, and safety in, the Park. Such byelaws may regulate the exercise of recreational activities, prohibit or regulate the lighting of fires, prohibit the depositing of rubbish, prevent or suppress nuisances and regulate the use of vehicles.

Once in force, s10 of the Natural Environment (Scotland) Act 2026 will create a new s26A of the National Parks (Scotland) Act 2000 to enable the issuing of fixed penalty notices for National Park byelaw offences.  
 
Examples 
Loch Lomond & the Trossachs National Park camping management byelaws 
Cairngorms National Park recreational fire byelaw 

NatureScot has byelaw-making powers under six separate pieces of legislation:

The National Parks and Access to the Countryside Act 1949, s20

NatureScot may make byelaws for the protection of nature reserves. 

The Countryside Act 1967, s54

NatureScot may make byelaws in respect of land or water NatureScot owns or manages. 

Wildlife and Countryside Act 1981, ss35, 37

NatureScot may make byelaws for the protection of a nature reserve held and managed by another approved body on application to NatureScot (s35) and for the protection of marine nature reserves (s37). 

The Conservation (Natural Habitats &c) Regulations 1994, reg 28

NatureScot may make byelaws under s20 of The National Parks and Access to the Countryside Act 1949 Act for the protection of a European Site, even if not a nature reserve.

The Conservation (Natural Habitats &c) Regulations 1994, reg 36

NatureScot may make byelaws under s37 of the Wildlife and Countryside Act 1981 Act for the protection of a European marine site. 

The Nature Conservation (Scotland) Act 2004, s20

Certain of the provisions of s20 of the National Parks and Access to the Countryside Act 1949 Act are applied to the making of byelaws for the protection of Sites of Special Scientific Interest (SSSI).

Civic Government (Scotland) Act 1982, ss112-117

Management Rules may regulate the use of any land or premises which are owned, occupied or managed by the local authority, and the conduct of persons while on the land. These powers to make management rules have two key advantages over byelaws, because they are procedurally less cumbersome to make, and because the sanction of direct expulsion is more directly enforceable than seeking a prosecution.  

The process of making management rules involves giving public notice of the proposed rules and making copies publicly available for at least one month. Any objections arising must be considered, with a hearing if necessary, and the rules then come into effect on the date specified. They continue for a period of ten years.

The sanction is that an authorised officer of the authority may expel from the land area any person who is, or is likely to be, in contravention of the management rules. Persons who persistently contravene the management rules may be made subject to an exclusion order.

Countryside (Scotland) Act 1967, s49A 

A planning authority may enter into a management agreement with any landowner, for the purpose of doing whatever may be agreed as being necessary for preserving or enhancing the natural beauty of the countryside, conserving the flora and fauna, or promoting the enjoyment of the countryside by the public. A management agreement may contain financial provisions, and the wide terms of reference encourage parties to take a relatively comprehensive approach to the use and management of land. NatureScot can also enter into such management agreements with landowners for similar purposes. These agreements may be registered against title in the Register of Sasines / Land Register and so become binding upon subsequent owners during the term of the agreement.

Forestry and Land Management (Scotland) Act 2018

The Scottish Ministers have a duty to manage forested land in a way that promotes sustainable forest management, including in particular its use for the realisation of the social benefits of forestry (s11). The taking of access to wooded areas for recreation is a social benefit of forestry.

The Scottish Ministers, acting through Forestry and Land Scotland, can take such steps as they consider necessary to effectively manage forested land in accordance with s11, including entering into arrangements with adjacent land managers (s17).

Local Government (Development and Finance) (Scotland) Act 1964, s2

Provides general powers for a local authority to carry out works which are considered expedient for enabling members of the public to enjoy the countryside or engage in open-air recreation there. These works may for instance include providing picnic-places, paths, gates, bridges, seats, shelters, or viewpoints, providing passenger ferries, or providing facilities like piers, landing stages and slipways to enable boating and water sports.

These powers may be exercised on land belonging to the authority, or with consent on land belonging to other parties. In the latter case, the authority may enter into an agreement with the landowner(s) to arrange the provision of such facilities, and to fix the terms on which the authority will exercise the powers and to safeguard the interests of the public. Such agreements, similar to the management agreements above, may be recorded in the Land Register so as to be enforceable upon subsequent title-holders.  

Other provisions under this Act enable the authority to contribute to appropriate expenditure by other authorities or voluntary organisations, or to receive such contributions; and to provide and maintain litter bins, and treat and dispose of litter.

Countryside (Scotland) Act 1967

This Act establishes various powers for local authorities to establish country parks and regional parks (s48), to provide recreational caravan and camping sites (s49) and parking places (s51 - see Section 2.11), to do works to improve waterways for water sport or recreation (s61), and to appoint rangers (s65).

Land Reform (Scotland) Act 2003, s16 

s16 provides powers for access authorities to acquire land where necessary or expedient to facilitate or enable the exercise of access rights. Acquisition can be either by agreement, or compulsorily with the consent of Scottish Ministers. Further details are provided in the Scottish Government Guidance, which explains that this power is expected to be very much a last resort. This Act repealed the previous power of land acquisition for public access purposes under the Countryside (Scotland) Act 1967, s24.

Countryside (Scotland) Act 1967, s51-52

s51(2) gives planning authorities powers to provide parking spaces, where that is considered desirable in order to facilitate the public enjoyment of the countryside. These powers are the same as those available to roads authorities under the Road Traffic Regulation Act 1984, and specifically include the power to acquire land compulsorily for providing parking places.

s52 provides a specific power of compulsory land acquisition as part of the general powers of planning authorities under the Local Government (Development and Finance) (Scotland) Act 1964.

Forestry and Land Management (Scotland) Act 2018, s19

The Scottish Ministers may compulsorily acquire land that they consider is required for the purpose of exercising their functions under s11. That includes management of forested land for its use in the realisation of the social benefits of forestry, which extends to public access.

Environmental Protection Act 1990, s87-88

It is an offence under this Act for a person to deface by dropping or leaving litter in any public open place, areas where the public has access, or publicly-owned land. Local authorities may make this known to the public, taking any steps they consider appropriate, in order to help control littering. An authorised officer of a litter authority (local authority or national park) has the powers to issue a fixed penalty notice for this offence. The offender has 14 days to pay the fixed penalty to the litter authority before proceedings may be instituted.  Under this Act, it is lawful to convict on the evidence of just one witness.

Dog Fouling (Scotland) Act 2003

It is an offence under this Act for the person in charge of a dog not to remove its faeces immediately from any public open place, unless having reasonable excuse or relevant permission. Exemptions apply to agricultural land (s2) and for assistance dogs and dogs when working with livestock and for the Armed Forces and Police (s3).  

Local authorities have a duty to authorise in writing at least one authorised officer to issue fixed penalty notices under this Act, and they have powers to authorise ‘such other number of persons’ as they consider necessary or expedient for issuing fixed penalty notices in their area (s4). These authorised officers have the statutory powers to require suspected offenders to give their name and address, as well as the powers to issue the fixed penalty notices. Under this Act, it is lawful to convict on the evidence of just one witness.

Dangerous Wild Animals Act 1976

Provides that a licence is required from the local authority for the keeping of any dangerous wild animals, including specifying the conditions in which the animals are kept, and powers to inspect the animals and premises. The types of animals are specified in a Schedule to the Act, and include for instance wild boar and ostrich.

Dangerous Dogs Act 1991

Provides that an owner, or person in charge, of a dog that is dangerously out of control in any place, including a public place, is guilty of an offence (s3). The police have power to seize any dog which appears to be (i) a dog bred for fighting, (ii) dogs designated by the Secretary of State as being specially dangerous, and (iii) dogs that are dangerously out of control (s5). The Secretary of State may also prescribe the types of muzzle or lead to be used.

The dogs currently designated for fighting (by The Dangerous Dogs (Designated Types) Order 1991 and the Dangerous Dogs (Designated Types) Order 2024) are (i) the Dogo Argentino, (ii) the Fila Braziliero, and (iii) the XL Bully.  

Dogs (Protection of Livestock) Act 1953, as amended by the Dogs (Protection of Livestock) (Amendment) (Scotland) Act 2021

Provides that it is an offence where a dog attacks or worries livestock on agricultural land. This Act provides powers to the police to seize any dog where there is reasonable cause to believe that the dog has been attacking or worrying livestock.

Control of Dogs (Scotland) Act 2010

This Act provides the most flexible and incremental range of interventions around the control of dogs, and it will usually be the first option to consider.

The Act introduced Dog Control Notices (DCNs) that local authorities can be impose on the owner, or person in charge, of an out-of-control dog. These can be a very effective intervention that avoids the need to go to court to secure behaviour change. Unlike other related legislation DCNs can require dog owners take positive preventative measures (such as attending training classes, maintaining garden boundaries, using leads or muzzles) as well as imposing restrictions, such as not going to certain places etc. Moreover, there is no limit on the type nor extent of conditions imposed by a DCN to address a given problem behaviour.

The Act also provides powers to an officer of the local authority to serve notice on an owner of a dog that has, on at least one occasion, been out of control (s1) or to apply to the court for the dog’s destruction where it is dangerous or unresponsive (s9). A dog is out of control if (i) it is not being kept under control effectively and consistently, and (ii) its behaviour gives rise to reasonable alarm or apprehensiveness on the part of any individual, including for the individual’s own safety, the safety of others, or the safety of another animal (which can include other dogs, wildlife and livestock) in rural as well as urban areas.

Reference:
Control of Dogs (Scotland) Act 2010: guidance (Scottish Government, updated 2020)

Animals (Scotland) Act 1987

This Act makes clear that the keeper of an animal (such as a companion animal/pet or livestock) generally has ‘strict liability’ in terms of civil claims for damage or injury the animal causes, even if the keeper didn’t do anything (or omit to do anything) to cause the animal to cause such injury or damage.

This Act also includes compensation not being due if, in certain circumstances (in essence as a last resort), a person kills or injures an animal (such as a dog) in order to protect livestock. However, they could still be prosecuted under the Animal Health and Welfare (Scotland) Act 2006 if they caused ‘unnecessary suffering’ to the dog or other animal when killing or injuring it.

Hunting with Dogs (Scotland) Act 2023

Provides that it is an offence to hunt for wild mammals using a dog (s1), or to knowingly cause or permit another person to hunt using a dog (s2), subject to limited number of exceptions (ss3-9). The police have the power, if reasonable grounds to suspect that a hunting offence has been, or is being, committed, to search any person without warrant and to seize anything relevant to the commission of the offence (s17).

Public Order Act 1986

ss14-14C - Public trespassory assemblies 

These sections (as amended by s70 of the Criminal Justice and Public Order Act 1994) makes it an offence to organise or participate in any trespassory assembly which has been prohibited by a Council order following an application by the chief officer of police. Such prohibitions may only be ordered, for a period of up to 4 days, where such an assembly of 20 or more people may result in serious disruption to the life of the community, or may cause significant damage to a building or land of historical, archaeological or scientific importance, and would not have the landowner’s permission.

Hatred

This Act also makes provision to prevent acts of hatred directed towards persons based on race, religion or sexual orientation. These provisions apply irrespective of whether an assembly has been properly authorised.

Criminal Justice and Public Order Act 1994

s61 - Trespass for common purpose of taking residence 

This section provides police powers, and applies where two or more persons have become trespassers on land because they have the common purpose of residing there for any period, and have caused damage / used threats, or have six or more vehicles with them. In these circumstances, the police can direct those persons to leave.

s63 – Raves

This provides police powers to remove persons attending or preparing for a rave which does not have a public entertainment licence. It defines a rave as ‘a gathering on land in the open air of 100 or more persons at which amplified music is played during the night’ and which, because of the loudness or duration, ‘is likely to cause serious distress to the inhabitants of the locality’. The police can act if a senior policeman (superintendent or above) reasonably believes that (a) two or more people are making preparations, (b) 10 or more are waiting for it to begin, or (c) 10 or more are attending such a gathering in progress. The police can direct the people to leave, and can seize vehicles or equipment which are not removed.  

s68 - Aggravated trespass

This section provides police powers where levels of disruption constitute the offence of aggravated trespass, and the offender is intentionally using intimidation, obstruction or disruption in relation to people who are undertaking lawful activities on the land.

Criminal Law (Consolidation) (Scotland) Act 1995

s52 – Vandalism

Any person who, without reasonable excuse, wilfully or recklessly destroys or damages any property belonging to another, shall be guilty of the offence of vandalism. This offence is a ‘fixed penalty offence’ under the Antisocial Behaviour etc. (Scotland) Act 2004, so a constable may issue a fixed penalty notice, for payment to the clerk of the district court.

Common Law

Breach of the Peace

When one or more persons conduct themselves in a riotous, or disorderly manner, anywhere, which alarms, annoys or disturbs other people. Common law powers of arrest may be used, and the key issue is that someone is alarmed

Malicious Mischief

Consists in the wilful, wanton, and malicious destruction of, or damage to, the property of another person. There must be malice involved, rather than accidental damage, and examples might include injuring growing trees, maiming animals, running to waste any liquid or substance. A difference from vandalism is that for vandalism there must be damage to actual property, whereas with malicious mischief financial damage arising from a criminal act is sufficient. This offence may be cited, rather than vandalism, if the value of damage is high.

Firearms Act 1968, s19

A person commits an offence if, without lawful authority (for example, the consent of the landowner) or reasonable excuse, the person has with them in a public place a loaded shotgun or loaded air weapon, or any other firearm (whether loaded or not) together with ammunition suitable for use in that firearm. The Scottish Outdoor Access Code (2.12) clarifies that because of this offence, the carrying of any firearm is taken to be excluded from the reasonable exercise of access rights – except where the person is crossing land or water to immediately access or to immediately return from the area where they have shooting rights (for instance the foreshore, or as authorised by the landowner).

There has been an increase in individuals operating unmanned aerial vehicles (drones) as a recreational activity. Commercial service providers, including surveyors and photographers, also use drones in the performance of their commercial operations. 
 
Opinion provided by Harper Macleod LLP to NatureScot is that flying drones is excluded conduct under s9(f) of the LRSA. That is on the basis that:- 

• Drones are motorised;
• “Vessels” is capable of including “aircraft”;
• The purpose of access rights is to encourage individuals to enjoy the health benefits of being in the countryside, and operating drones does not fit within that purpose;
• The exclusion of conduct under s9(f) appears to be to prevent nuisance to landowners and other land users; and
• The Scottish Outdoor Access Code, as approved by Scottish Ministers, appears to exclude all motorised recreation, including the operation of powered model craft, which would include drones. 

The exemption relates to being “in or with” a motorised vehicle or vessel. The distinction between “in” and “with” envisages that one may have a motorised item which is not a form of transport. 
 
Reference: 
Opinion on whether the operation of small unmanned aircraft is an exercise of access rights under s1 of the Land Reform (Scotland) Act 2003 (Harper Macleod, March 2026)  
 
There are other legal factors to consider:

Civil Aviation Act 1982 (as applying the Chicago Convention)

This Act gives effect to the Chicago Convention. The Convention prescribes that signatories to it (including the UK) must make provision for aircraft capable of being flown without an on-board pilot (i.e. drones) being operated safely.

Generally, operators must have a line of sight to their drone, and must keep the drone beneath a height of 400m above the nearest point on the surface of the earth. There may be a requirement to have a policy of insurance in place.

Reference:
Unmanned Aircraft System Operations in UK Airspace - Policy and Guidance - CAP 722 (UK Civil Aviation Authority, April 2024 – version 9.2)

UK General Data Protection Regulation (UK GDPR) and Data Protection Act 2018

Many drones have onboard cameras. Where those cameras take and store images of individuals, you will be processing personal data for the purposes of UK GDPR and Data Protection legislation.

As a data controller, it is your responsibility to ensure that personal data is processed in accordance with the data protection principles.

Reference:
Guidance - Video Surveillance (including guidance for organisations using CCTV) (Information Commissioner’s Office)

Town and Country Planning (Scotland) Act 1997

Includes development planning (local development plans), control over development through planning applications and enforcement, with provisions for planning conditions and planning agreements. Policies in structure and local plans can set the local framework for access protection and creation in relation to development.  

ss208-210 provide for diversion of footpaths or bridleways to enable development for which permission has been granted, which is now amended to include diversion of core paths. Note that under LRSA, s7(2), development land remains under access rights if planning permission is not granted or conditions not complied with.  

‘Material Consideration’ - Access rights and other aspects of the access legislation are ‘material considerations’ in development control, that is, they are factors which are to be taken into account when the planning authority is considering a planning application. If not satisfactory, they may even constitute a valid reason for refusing planning permission. This is confirmed in Scottish Planning Policy 11: “Access rights and core paths plans are a material consideration in determining applications for planning consent”.

Planning Conditions, s37

The planning authority may grant planning permission either unconditionally or subject to such conditions as they think fit, or may refuse permission.

Circular 4/1998, and case law, define criteria which conditions must meet, as being:

• necessary – otherwise application would be refused
• relevant to planning as a material consideration
• relevant to the development to be permitted
• enforceable – must be worded to ensure compliance
• precise – developer must know exactly what is required
• reasonable – not unreasonably restrictive
• may apply to applicant’s landholding outwith the development site
• compatible with government policies and development plan

These provisions are unaffected by the Planning etc. (Scotland) Act 2006 or the Planning (Scotland) Act 2019.

Example of use for access e.g. a planning condition requiring subsequent approval of the construction and layout details of the paths system within a housing development.

A draft model planning condition in relation to access rights is provided in the Scottish Government Guidance to assist the consideration of public access:

Prior to the commencement of works... (if attached to a full planning permission) or  
As part of the detailed application…  (if attached to an outline consent)

… a detailed plan of public access across the site (existing, during construction and upon completion) will be provided for the approval of the council as planning authority.  
This will show: 
a) all existing paths, tracks and rights of way, and any areas currently outwith or excluded from statutory access rights*;
b) any areas proposed for exclusion from statutory access rights, for reasons of privacy, disturbance or curtilage, in relation to proposed buildings or structures;
c) all paths and tracks proposed for construction, for use by walkers, riders, cyclists, all-abilities users, etc. and
d) any diversions of paths - temporary or permanent - proposed for the purposes of the development.

*under Part One of the Land Reform (Scotland) Act 2003.

Planning Agreement, s75 and Planning Obligations

This enables the planning authority to enter into a planning agreement with the developer interests which can restrict or regulate the development or use of the land, or can deal with certain associated provisions which may be outwith the scope of planning conditions. 

Circular 12/1996 specifies relevant circumstances for use:

• must serve a planning purpose
• must be related to the proposed development
• should be related in scale and kind to the proposed development
• should satisfy a test of reasonableness.

The agreement must be registered in the Land Register of Scotland or the Register of Sasines for it to be enforceable on subsequent title-holders.

The Planning etc (Scotland) Act 2006 substitutes s75 agreements with what are called ‘planning obligations’, which may arise either through an agreement with the authority as before, or as unilateral undertakings put forward by a developer, operating in a similar fashion to an agreement. This Act introduces means by which planning obligations or agreements may be modified or discharged. This includes a right of appeal against the Planning Authority’s refusal of an application for modification or discharge of a planning agreement.  

Strategic Environmental Assessment

This is a process for identifying, predicting, reporting and mitigating impacts of plans and programmes. For instance, core paths plans will generally be subject to SEA. The process arises from the SEA Directive (Directive 2001/42/EC), and the Environmental Assessment (Scotland) Act 2005. The key stages of an SEA are:

• Screening – to determine whether a plan is likely to have significant environmental effects. If determined as insignificant, no further assessment is needed, but keep under review in case unexpected effects emerge as proposals develop.
• Scoping Report – to consider the scope and level of detail proposed for assessing likely significant effects in the environmental report, and the appropriate consultation periods.
• Environmental Report – identifies, describes and evaluates the likely significant effects on the environment of the plan and reasonable alternatives. All significant effects should be monitored to confirm original assumptions.  A non-technical summary is required.

Reference:
Strategic Environmental Assessment (Scottish Government guidance)

Planning permission for paths and tracks

The detailed requirements for planning permission on ‘development’ and ‘land use’ are set out currently in the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 (GPDO), and the local planning authority is responsible for the interpretation of the GPDO within their area.  

Different planning authorities approach path works differently.  Some consider path works to be too insignificant to qualify as ‘development’ requiring planning permission, but most now require planning permissions. It is best to check with planning authorities prior to undertaking works.  

The GPDO provides for certain types of track works, such as for agricultural or forestry purposes, as being ‘permitted development’, except where the site is within a National Scenic Area or is subject to an Article 4 Direction. The GPDO does include circumstances in which a track or access road may require planning permission, being where a track joins / leads onto / leads off a 'public road' (see Section 2.5), or where a track is within 25 metres of a public road even if it does not connect with the road.

Reference:
Constructed Tracks in the Scottish Uplands (Scottish Natural Heritage, 2006 and updated 2015)

Nature Conservation (Scotland) Act 2004 

• Duty on all public bodies and office holders to further the conservation of biodiversity in exercising their functions - the ‘biodiversity duty’ (s1).
• Duty on all public bodies and office holders in exercising their functions to conserve and enhance the specified features of SSSIs (s12).
• New offence of intentional or reckless damage to features of SSSIs (s19).
• NatureScot has power to issue restoration notices to any person committing an offence under s19 (s20A).
• NatureScot power to erect signs providing information to the public (s41)

The Conservation (Natural Habitats, &c.) Regulations 1994 

These regulations make provisions over the designation and protection of sites under the Habitats Directive (e.g. Special Protection Area, Special Area of Conservation), and the protection of animal and plant species which are scheduled as European Protected Species. An “appropriate assessment” (reg 48) is required where any plan or proposal is likely to have a significant effect on an European site, and is not directly connected with or necessary for the management of the site. Note: liaise with NatureScot on the scope of any appropriate assessment as early as possible.

Land Reform (Scotland) Act 2003, s29

s29 establishes powers to put up and maintain notices for the protection of natural heritage by NatureScot, and of cultural heritage by Scottish Ministers. People not complying with the notices will be regarded as not exercising rights responsibly as required by LRSA s2.

Reference:
Guidance - Managing public access in areas of wildlife sensitivity in Scotland (NatureScot, 2024)

SiteLink - data and information on key Protected Areas across Scotland (NatureScot)

Ancient Monuments & Archaeological Areas Act 1979 

• s2 – offence to carry out, cause or permit any unauthorised works which result in the demolition or destruction of or any damage to a Scheduled Monument. Activities associated with camping, such as setting up tents, making fires, digging holes and creating vehicle tracks, can cause damage to scheduled monuments, and thus would be an offence under this section.
• s19 – the Secretary of State and any local authority may, by regulations,  regulate public access to any monument under their ownership or guardianship if they consider it necessary or expedient to do so for its preservation or for public safety.
• s42(1) – offence to use a metal detector in a protected place without the written consent of Historic Environment Scotland.
• s42(2) – defines a protected place is any place which is either a site of a scheduled monument or of any monument under the ownership or guardianship of Ministers or a local authority by virtue of this Act or is situated in an area of archaeological importance.
• s42(3) – offence to remove any object of archaeological or historic interest discovered by the use of a metal detector in a protected place without the written consent of Historic Environment Scotland.
• s42(5) – offence to not comply with any condition attached to the consent to use a metal detector in a protected place or in removing or otherwise dealing with any object discovered by use of a metal detector in a protected place. 

Civic Government (Scotland) Act 1982 

• s67 – finds of lost or abandoned property must be reported to a police officer or the owner/occupier of the land where it was found.
• s78 – provisions relating to the Crown’s right of ownership in lost or abandoned property. 

Treasure Trove 

Under Scottish law all portable antiquities of archaeological, historical or cultural significance are subject to claim by the Crown through the Treasure Trove system and must be reported. Finds cannot be taken out of Scotland without the permission of Treasure Trove. 
 
References: 
Wild Camping at Scheduled Monuments (Historic Environment Scotland) 

Metal Detecting in Scotland (Historic Environment Scotland, 2024) 

Search for a scheduled monument (Historic Environment Scotland)
 

Occupiers’ Liability (Scotland) Act, 1960

• s2(1) - occupiers of land must take reasonable care to ensure people do not suffer injuries or damage through negligence.
• A duty of care is owed if the occupier of land can reasonably foresee that harm will be caused due to actions or omissions.
• s2(3) - excludes liability obligations over willingly accepted risks. This links to the “volenti non fit injuria” principle – a person’s knowing participation in a risky activity means they accept the risk of injury in the event of an accident.
• The duty does not extend to requiring warning against obvious dangers (Leonard v Loch Lomond and the Trossachs National Park Authority, 2016 S.C.L.R. 102)
• LRSA s5(2) – the duty of care ‘is not affected’ by the Act or its operation.

Reference:
A Brief Guide to Occupiers' Legal Liabilities in Scotland in relation to Public Outdoor Access (Scottish Natural Heritage, 2005 and updated 2018)

Assessing liability will follow a general sequence of questions:

• Who is the occupier (more than one possible)?
• Did they owe a duty of care to the visitor?
• What was the appropriate standard of care? This depends on
  • status of visitor (reasonably expected or not)
  • characteristics of visitors (child, able-bodied, elderly)
  • nature of dangers (e.g. natural, obvious, familiar, hidden, unexpected)
• Was injury or damage caused by breach of duty of care?
• Were suitable risk assessments / inspections/measures carried out?
• Was the risk accepted by the visitor?
• Did the visitor’s negligence contribute to injury or damage?

Animals (Scotland) Act 1987

• The keeper of an animal will have strict liability for injury or damage caused, if the animal is of a species known to be likely to injure or kill, or to materially damage property. Negligence does not have to be proven in such cases.
• Strict liability would not apply to animals straying onto road and causing a traffic accident, but ordinary liability could still arise if negligence is proven.
• This Act also provides a defence for landowners or livestock keepers who kill or injure an animal which is attacking their livestock or a keeper (s4).

Health and Safety at Work Act 1974, s3 

• Places duties on employers and self-employed to undertake their business in a way that ensures persons not in their employment are not exposed to risks.
• The duty is owed to non-employees e.g. the public taking access outdoors.
• Test of “reasonable practicability” takes account of Codes of Practice.
• Prosecution possible on basis of risk existing – risk need not materialise.

The Management of Health and Safety at Work Regulations 1999

It is a duty on an employer to undertake risk assessments, including in respect of other people (i.e. members of the public) coming onto the land or arising out of or in connection with the conduct of the employer’s undertaking.

The Control of Pesticides Regulations 1986 

• The public must be kept out of fields for 3 days if sulphuric acid is sprayed
• In this situation, s6(1)(d) of LRSA applies i.e. access rights are not exercisable.

The Reporting of Injuries, Diseases & Dangerous Occurrences Regulations 2013

These regulations require that dangerous occurrences or, separately, injuries to individuals not at work caused by a work-related accident are reported to the relevant enforcing authority.

The Control of Substances Hazardous to Health (COSHH) Regulations 2002

• Designed to protect people from injury or illness caused by substances and materials used in the work place.
• Assessments are required for substances and materials which, in path construction, includes whindust, cement, geo-textiles, wood preservatives etc.

References:
Guide to Construction, Design and Management Regulations for Path Projects (Walking Scotland, 2016)

A Brief Guide to Occupiers' Legal Liabilities in Scotland in relation to Public Outdoor Access (Scottish Natural Heritage, 2005 and updated 2018)

Environmental Protection Act 1990

• Places obligations on local authorities in relation to contaminated land and statutory nuisance.
• Empowers local authorities to require that premises (including land) which is prejudicial to health are subject to remedial action.
• Also provides for waste management authorities, including SEPA, to require remedial action where controlled waste is deposited on land.

Building (Scotland) Act 2003

• Empowers local authorities to require dangerous buildings to be made safe. Dangerous buildings are those which constitute a danger to persons in or about it, or to the public generally, or to adjacent buildings or places.

Equality Act 2010

This Act provides that a person may not discriminate against another based on, among other things, disability. It places a positive duty on persons to make reasonable adjustments to practice, or premises, to avoid disadvantaging a disabled person.

From an access perspective, it is unlikely that this will require adjustments to be made to facilitate access over outdoor terrain which is inherently unsuitable for those with mobility issues. However, if measures to promote public access are being added, such as gates, then consideration ought to be given to whether gate design is suitable for all abilities.

Reference:
Outdoor Accessibility Guidance (Walking Scotland, 2023)

The public has common law rights over the sea, sea bed and the foreshore, being rights to fish and to gather shellfish, to navigate, and a right of recreation. The legal definition of the foreshore is the area of the shore between the high and low water marks of ordinary spring tides.  

This right of recreation on the foreshore is taken to include for instance bathing, swimming and sunbathing; making sandcastles and playing games; having picnics, lighting fires and cooking food; and beachcombing (i.e. collecting small inanimate objects washed up by the sea, of negligible value and abandoned by their owner). The rights also include the right to shoot from the foreshore wildfowl which are on or over the foreshore or the sea. Similarly, to fish from the foreshore for sea fish other than salmon, and to gather shellfish other than mussels and native oysters. The foreshore rights also cover activities which are linked to the public rights of fishing and navigation in the sea. These include for example embarking / disembarking and loading / unloading boats, drying nets and gathering bait, and similar ‘ancillary activities’ in relation to bathing, swimming, yachting, canoeing, surfing and diving.

Reference:
Report on Law of the Foreshore and Sea Bed: report no. 190 (Scottish Law Commission, 2003)

These common law rights have been established through case law, such as for instance the case of Marquis of Bute v McKirdy & McMillan 1937.  

Reference:
Access to the Outdoors in Scotland: A summary of relevant court decisions (Scottish Rights of Way and Access Society)

The Crown owns the foreshore, and it can convey it to an individual (except in those parts of Orkney and Shetland having udal land-title). The Crown Estate estimates that it owns about half of the UK foreshore. The common law rights apply regardless of ownership.

Access rights of course do not extend to any criminal offences or activities. The Scottish Outdoor Access Code in Annex 1 lists the main categories of criminal behaviour that are statutory offences, as background information. That Annex 1 notes that the common law also prohibits certain actions which may amount to a breach of the peace or where malicious mischief is alleged. The annex is meant to provide only an overview summary, so detailed information must be found by looking at the relevant legislation.

In the same way, if you need more detailed information than can be provided in this brief guide, please look at the relevant legislation, and if required obtain formal legal opinion.