Now that restrictions are being lifted with a view to Scotland being fully opened up by early summer, in this guide we answer some of the questions that both landowners and the public may have regarding access and activity in the countryside.
The Coronavirus (Scotland) Act 2020 (CSA) has been in force over the last year and introduced interim measures and powers on devolved areas. This legislation and the general Government advice prompted many queries on what is and what is not allowed in relation to accessing the countryside during “lockdown”. The CSA is currently in force until 30 September 2021 but may be extended for a further period.
A landowner’s perspective
Landowners may want to know what rights they have to restrict the public accessing their land. However, they should be aware of the limitations on what they are permitted to do.
Does the Coronavirus legislation change existing rights of access?
No, access rights remain the same under the CSA and can continue to be exercised responsibly.
The Land Reform (Scotland) Act 2003 is the statutory basis for public access rights in Scotland and the Scottish Outdoor Access Code narrates the rights people have to cross land and for what purposes.
The 2003 Act sets out the land over which access rights are not exercisable which includes land that forms the curtilage of a building, compounds or enclosures containing fixed machinery and land on which crops have been sown or are growing.
Those using the countryside for access are to act responsibly when doing so and this would apply to the current circumstances.
The areas of land over which access rights are not allowed to be exercised in the 2003 Act is not added to in the CSA, even temporarily.
Can I temporarily restrict access to people crossing my land to help minimise spread of the virus?
No, the CSA does not change landowners’ rights or their ability to restrict access, the rights remain those that are contained in the 2003 Act.
People are advised that their activity should be exercised responsibly though the question may be, what is responsible access in these unique times.
If you have concerns, you can get in touch with us for advice regarding your specific situation.
What should I do if I have concerns about people crossing my land?
If you are experiencing problems with more people crossing your land than you think is safe in the current situation, feel free to get in touch with your usual contact or any member of our Rural services team.
You could also consider the appropriate use of signage, templates available here
NFU’s website also contains a useful FAQ page here
The public’s perspective
From the public’s perspective, never has outdoor exercise become such a hot topic. Here’s a reminder of some of the current guidance.
I live in the countryside; are there any restrictions on recreational walking?
No, providing that you abide by the current Government guidance, regarding travel restrictions, social distancing as well as avoiding the areas of land where access is not permitted under the 2003 Act (see above) and abide by the Scottish Outdoor Access Code there are now fewer restrictions.
Can I drive to the countryside in order to exercise?
Yes, travel for outdoor exercise is now permitted but Government Guidance suggests minimising travel where possible. Overnight stays elsewhere in Scotland are only possible in certain levels and the local Government Guidance should be checked before any visits are planned.
Wild camping is permitted within the Level 3 areas and Government Guidance should be checked regarding levels in different areas. Any camping should be carried out responsibly and with adherence to the Scottish Outdoor Access Code.
Can I go hillwalking?
Yes, types of exercise such as mountaineering and hillwalking are now possibilities again. Access should be taken responsibly and forward planning is essential. Most car parks at rural beauty spots have begun to reopen, however, these can become crowded quickly and popular Munros and other walking routes can become very busy.
Can I continue to walk my dog through a local field?
People can continue to walk their dogs providing that they are kept under control and this is done responsibly. It is currently lambing time and you should not take your dog into fields where there are lambs or other young farm animals.
If you are not sure if you can use your usual route, then please contact us to discuss further.