Public Access Strategy - Review & Analysis Policy Audit National Policy & Guidance

Public access relates to the policy objectives of many organisations from the national level down to the local.  It is important to review the policies of the many organisations that influence access provision, whether they are owners, managers or users, so that the strategy can take account of all interests.

Scotland now has its own Parliament (since May 1999) and a Government who have made a commitment to reforming land law and rights of access to land.  New legislation is currently expected to emerge in draft form for consultation early in 2001.

SNH have been asked to review the legal framework for access to the countryside, and to guide this work, a working party of key stakeholders was set up to act as an Access Forum.  In 1998, SNH published advice to government and the Scottish Parliament on access in a document titled 'Access to the Countryside for Open Air Recreation' and based on the findings of the Access Forum.  The main conclusion of the Access Forum was that:

"There should be a right of access to land and water for informal recreation and passage, subject to responsible exercise of that right, to protection of the privacy of individuals, to safeguards for the operational needs of land managers, and subject to any necessary restraints for conservation needs."

The government accepted this principle, using the advice of SNH and the Access Forum as a starting point for the new legislation on access.  SNH and the Forum were also asked to prepare a new Access Code to accompany the legislation, which provides further definition of the concept of responsible access.  The legislation itself is currently being prepared by the Scottish Executive.

The new legislation and the Scottish Outdoor Access Code are founded on the following key principles:

• Responsible access:  People must exercise the right of access responsibly, particularly in relation to land management and conservation. Responsibilities will be set out in the Code.
• Obligations on land managers:  Land managers should not impede or restrict people from exercising the right of access, and should work with local authorities and other public agencies to welcome and facilitate public access.  Informal management of access to allow for operational requirements and scope for conflict mediation are likely to be important components of the new legislation.
• Obligations on Local Authorities:  Local authorities should have a duty to facilitate and plan for access in their areas, and to show the required path network for their areas either through statutory local plans or local subject plans. They should have powers to manage access in their areas (particularly in relation to the path network) to remove obstructions, and to ensure that practical help and assistance is available to users and land managers, to prevent significant problems arising on land or water from people exercising the right of access.
• Local Access Fora:  Local access fora, based on a tripartite structure of land managers, users and public agencies should be established by local authorities to review implementation of the legislation, to develop advice, to assist in the resolution of disputes and to advise local authorities.
• Liability:  The right of access should not adversely affect the land manager's ability to manage their land responsibly through any concern over liability claims. As part of this, people exercising the right of access should do so at their own risk.  The general duty of care of everyone to his or her fellow citizens should remain.
• A planned and co-ordinated approach:  Many bodies will have a role to play in facilitating and managing access and so a planned and co-ordinated approach, led by local authorities will be needed.  This approach should utilise the local plan process to guide development and access strategies and to guide implementation and management.  The approach should also identify and secure better opportunities for recreational activities that might not be covered by the right of access.
• Adjustments to public funding:  Adjustments should be made to the way in which public funding is used to support land and water management activities to ensure, for example, that both grant support for agriculture, forestry and fisheries, and local economic development, and taxation arrangements, support the aims of the new access legislation.
• Increasing the funds available:  Local Authorities and central government should give a higher priority to expenditure on access and set targets for allocations from appropriate budgets, including roads, leisure and recreation.  Government should consider the feasibility of ensuring that funds become available through sources such as the New Opportunities Fund.
• The content of the new Countryside Code:  And its application in practice as a means of encouraging responsible behaviour in the countryside.

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