Public Access Rights in Scottish Woodlands:
All parts of this page are supplied for information purposes only and may not be up to date.
Please contact the Scottish Government or Forestry Commission website for up-to-date information.
For centuries, the public have had the
right to roam the landscape in Scotland. In Scotland the public are free to wander
anywhere, except in places where they are specifically excluded.
The Land Reform (Scotland) Act 2003 came into effect in February 2005. The
Act gives the public a right of responsible access to most land and inland water
in Scotland. This extends from parks and open spaces in towns to more remote
areas of the countryside.
The right is for crossing land or for going onto land for recreational purposes.
This is a right of non-motorised access, so it extends to walking, cycling,
horse-riding, canoeing and other recreational pursuits. It does not cover
motorised vehicles, unless it is a vehicle or vessel specifically adapted for
and being used by a person with a disability.
While demanding on the one hand that Scottish landowners permit safe access to
their land, the Code also demands that the public obey the principles of respect
for the land, for nature and the countryside in their usage. With rights come
responsibilities.
This right of access to the outdoors comes with responsibilities. Your access rights and responsibilities are fully explained in the Scottish Outdoor Access Code.
The three main
principles of the Code are to:
1) Take responsibility for their own actions
2) Take care of the environment
(i.e. protect wildlife, take away all their litter,
not cause any pollution)
3) Respect other peoples' interests, peace of mind and privacy
(and that includes
the owners').
For their part, landowners must, above all, respect the public's right to
access.
Full details of the Scottish Outdoor Access Code are available online, at the
following websites:
www.outdooraccess-scotland.com
A
website dedicated to the Scottish Outdoor Access Code. This basically has all
you need to know on the subject, from the point of view of both the landowners
(or 'land managers') and the public. It includes a downloadable 136-page booklet
called 'Scottish Outdoor Access Code', and has the full text of the Land Reform
(Scotland) Act 2003. It also has advice for land managers on their
responsibilities and liabilities.
www.snh.org.uk
The website of Scottish Natural Heritage. If you go to the A to Z Index,
under Access you will find a downloadable leaflet on the Scottish Outdoor Access
Code ('Know the Code before you go'), plus the full text of the Land Reform
(Scotland) Act 2003, and a four-page summary of the Access legislation.
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Public Footpaths or Rights of Way:
In England and Wales, public footpaths (or public rights of way) have been long
established by tradition, signposting, formal recognition by local authorities,
and publication on Ordnance Survey maps.
The situation is quite different in Scotland, where such rights of way do not appear on maps, there is little signposting, and their status is often open to doubt. Basically, to establish a public right of way in Scotland, a path has to have been in proven use by the public for twenty years. To establish fully a right of way, the claim has to be 'asserted', then 'vindicated' through the courts. Hence most rights of way are simply 'claimed', and are often contested by landowners. A campaign to rectify this situation is currently under way, supported by a number of bodies, notably the Scottish Rights of Way and Access Society (Scotways). The intention is to increase the number of rights of way substantially; meanwhile, local authorities are developing a network of 'Core Paths', which will eventually appear on Ordnance Survey maps. This issue may concern woodland owners - if, for instance, their land includes a claimed right of way. Woodland owners may also like to consider contributing to the Core Paths campaign.
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Scottish Woodland Access FAQs:
Q: Who is allowed to enter my private woodland?
Walkers
Cyclists
Horse riders
Q: Who/what is not allowed to enter my woodland?
Cars
Motorbikes
Quad bikes
Any other motorised vehicles except those used by a person with a disability
Q: If my woodland has got a river or coast, who can have access to it?
Swimmers
Canoeists
Windsurfers
Sailors
Rowers
Q: Can people pick up berries and fruits in my woodland?
Yes, but not for commercial profit
Q: Can people picnic in my woodland?
Yes, provided that they take away all their rubbish.
Q: Can people light a fire in my woodland?
Yes, provided that:
(1) they keep it small and under control
(2) a prolonged dry period is not in course
Q: Can a dog go into my woodland?
Yes, on two conditions:
(1) During the bird breeding season (April-July), dogs must be kept under
control or on a short lead so not to disturb the birds
(2) Dog owners must pick up any faeces located in public open place
Q: Is wild camping allowed in my woodland?
Yes, provided that:
(1) There is a small number of campers
(2) Campers stay only two or three nights in one place
Q: Can people build huts?
Yes, provided they don’t cause any damage to plants and wildlife (e.g. they
may use only dead branches, and cannot drive nails into live trees).
Q: Can people climb trees?
Yes, provided they don’t cause any damage to plants and wildlife.
Q: Are the public allowed to go shooting, hunting or fishing in my woodland?
No, these activities require the permission of the owner of the woodland.
(See separate article on Fishing and Hunting Rights in Scottish Woodlands.)
Q: Are organised groups allowed in my woodland if pursuing a profit-making
activity?
Yes, commercial ventures can use your land, provided that they are pursuing
an activity that would be permissible under normal, non-commercial
circumstances. These are usually categorised as recreational or relevant
educational activities.
Q: Can I keep my gate locked?
Yes, if you have reasonable cause (such if there is a genuine likelihood
that the woodland will be entered by motorised vehicles, or will be used for
dumping, or it is essential for animal heath or safety).
Q: If I keep my gate locked, can people go over it?
Yes, but they should do so at the hinged end and take care not to damage it.
Q: Can I build a fence around my woodland?
Yes, if you have reasonable cause, and taking all reasonable precautions not
to endanger people or animals, or to hinder their right of access.
Q: Can people go over my fence?
Yes, but they must try to avoid any damage by doing so near to a post.
Q: Can people go into my woodland if I am staying in it in my tent, caravan,
or any other form of shelter that gives me privacy?
Yes, but they have to ensure that your privacy is respected and that your
enjoyment of the place is not unreasonably disturbed, by leaving 'sufficient
adjacent land'.
Q: If I carry out land management operations, do I have to inform the public?
Yes, if carrying out an activity that might endanger the public or restrict access. All reasonable means to inform the public should be taken, such as putting up a sign at typical access points. If necessary, provide alternative routes past the work site.
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Outdoor categories of criminal behaviour that are an offence:
Aggravated trespass:
Criminal Justice and Public Order Act
1994 (section 68)
Collective trespass:
Criminal Justice and Public Order Act
1994(section 61)
If two or more people are
trespassing to reside on land for any time, and :
• have caused damage or
• used threatening, abusive or insulting words or behaviour, or
• have between them 6 or more vehicles, they can be told to leave by the police.
If they fail to do so, they are breaking the law.
Control of dogs (fouling):
Civic Government (Scotland) Act 1982
(section 48)
If you are in charge of a dog
and allow it to foul:
• a footpath or footway, or
• a grass verge maintained by a council and next to a footpath/footway, or
• any place maintained by a local authority for recreational or sporting
purposes you are breaking the law.
Dog Fouling (Scotland) Act 2003 (Section
1)
If you do not immediately remove
your dog’s faeces in any public open place, you are breaking the law.
Control of dogs (worrying of livestock by dogs):
Animals (Scotland) Act 1987 (Section 4)
This is not an offence, but
is included here because this Act provides a defence for people who kill or
injure a dog which is worrying livestock, subject to stringent conditions.
Dogs (Protection of Livestock) Act 1953 (Section 1)
If your dog worries livestock on
any agricultural land you are guilty of an offence. Worrying includes a dog
attacking or chasing livestock, or being loose in a field where there are sheep.
Damage to ancient monuments:
Ancient Monuments & Archaeological Areas
Act 1979 (Sections 2, 19)
You must not demolish, destroy
or damage a Scheduled Monument unless you have permission from Scottish
Ministers.
Damage to plants:
Wildlife & Countryside Act 1981 (S.13)
and The Conservation (Natural Habitats etc) Regulations 1994
It is an offence to pick,
uproot or destroy any plant in Schedule 8 or to uproot any plant not in that
Schedule. For European protected species (Lillarney fern, floating-leaved water
plantain, slender naiad and yellow marsh saxifrage) it is an offence to:
• pick, collect, cut, uproot or destroy the plant;
• keep, transport, sell or exchange the plant. Contact your local Scottish
Natural Heritage office for further information.
Driving a vehicle off road:
Environmental Protection Act 1990
(Section 87)
It is an offence to drive a
motor vehicle without lawful authority on:
• land of any description (not forming part of a road), or
• a footpath or bridleway
except in an emergency.
It is not an offence to drive a motor vehicle on to land within 15 yards of a
road for the purpose only of parking the vehicle.
Damage or disturbance to animals:
Wildlife & Countryside Act 1981 (S.9-10)
and The Conservation (Natural Habitats and etc Regulations 1994)
For protected species, it is
an offence to:
• kill or injure the animal,
• capture or keep the animal,
• destroy, damage or obstruct access to its place of shelter, and
• disturb the animal while using its place of shelter.
Other offences relate to badgers, bats, deer, seals, whales and dolphins. For
protected species such as bats, otters, wildcats, great crested newts and
natterjack toads, under European legislation it is an offence to:
• capture, kill or disturb the animal;
• take or destroy its eggs;
• damage or destroy its breeding site or resting place.
Contact your local Scottish Natural Heritage office for further information.
Damage or disturbance to wild birds:
Wildlife & Countryside Act 1981 (S.1-6)
and The Conservation (Natural Habitats etc) Regulations 1994
There is a wide variety of
offences relating to the killing or injuring any wild bird, capturing or keeping
any wild bird, destroying or taking eggs, or destroying, damaging or taking the
nest of any wild bird whilst it is in use or being built. Contact your local
Scottish Natural Heritage office for further information.
Fishing:
Salmon & Freshwater Fisheries
(Protection) (Scotland) Act 1951 (Section 1) and Freshwater & Salmon Fisheries
(Scotland) Act 1976 (Section 1)
Fishing for salmon or sea trout
without lawful authority or written permission from the owner of the fishing
rights is a criminal offence. Fishing for brown trout and other freshwater fish
without written permission or legal rights is a criminal offence in an area
covered by a Protection Order.
Poaching:
Game (Scotland) Act 1832 (Section 31)
It is an offence to trespass
on land without the leave of the owner or proprietor in search of game,
woodcock, snipe, wild ducks or rabbits during daytime.
Night Poaching Act 1828 (Section 1)
It is an offence to take or
destroy any game:
• on any land, whether open or enclosed, or
• on any public road.
It is also an offence to go on any land at night with a gun for the purpose of
taking or destroying game.
Polluting water:
Control of Pollution Act 1974 (Section
31)
If you cause or knowingly permit
to enter surface or ground water
• Any poisonous, noxious or polluting matter, or
• Any solid waste matter,
you are committing an offence.
Water (Scotland) Act 1980 (Section 75)
If you deliberately or
accidentally pollute any spring, well or adit used or likely to be used for:
• human consumption
• domestic purposes
• manufacturing food or drink for human consumption
you are guilty of an offence.
Lighting fires:
Trespass (Scotland) Act 1865 (Section 3)
You are guilty of an offence
if you light a fire:
• on or near any private road
• on enclosed or cultivated land
• in or near any plantation
without the consent of the owner or land manager.
Civic Government (Scotland) Act 1982
(section 56)
It is an offence to lay or light
a fire in a public place so as to endanger any other person, or to give
reasonable cause for alarm or annoyance, or so as to endanger any property.
Dropping of litter:
Environmental Protection Act 1990
(Section 87)
It is an offence to leave litter
in any public open place (a place in the open air where you can go without
paying).
Obstruction in a public place:
Civic Government
(Scotland) Act 1982 (section 53)
Any person on foot in a public
place who wilfully obstructs the lawful passage of any other person is
committing an offence. (A public place means any place to which the public have
unrestricted access.)
Safety:
Health & Safety at Work Act 1974
(Sections 8, 33)
It is an offence to interfere
intentionally with or misuse anything provided for the safety, health or welfare
of people.
Spawning salmon:
Salmon Fisheries (Scotland) Act 1868 (Section 19)
It is offence to wilfully
disturb any salmon spawn, or spawning beds and shallows where salmon spawn may
be.
Trespass assemblies:
Criminal Justice and Public Order Act
1994 (section 70)
It is an offence to organise or
participate in any trespass assembly which has been prohibited by a Council
on application from 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 would be without the landowners permission, and may result in serious
disruption to the life of the community, or serious damage to land or a building
of historical, archaeological or scientific importance).
Vandalism:
Criminal Justice (Scotland) Act 1980
(Section 78)
Anyone who, without reasonable
excuse, wilfully or recklessly destroys or damages another’s property commits
this offence of vandalism.
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