Here is the legislation that Ken is aware of that affects outdoor access. If you spot something that is missing let ScotWays know.

Civil Aviation Act 1982 #

The Civil Aviation Act 1982 is legislation that consolidates different legislation relating to civil aviation. The Scottish version of section 48 gives the Secretary of State the power to stop up and divert highways etc. in the interests of civil aviation.

Roads (Scotland) Act 1984 #

The Roads (Scotland) Act 1984 is an important piece of legislation for whilst it does not apply to core paths, it does apply to rights of way and through the interpretations in section 151 to all rights of way by making them fall under the definition of a road. The Act also provides powers to maintain, divert, close and remove obstructions on roads.

““road” means, subject to subsection (3), 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; and any reference to a road includes a part thereof;”

Roads (Scotland) Act 1984 Section 151

There are three exceptions to the above. Public paths created under the powers of the Countryside (Scotland) Act, long-distance routes approved by the Secretary of State for Scotland and paths on land owned by a local authority and used for a variety of purposes defined by section 14 of the Local Government and Planning (Scotland) Act 1982.

The Road Vehicles (Construction and Use) Regulations 1986 #

Designed to ensure vehicles are properly constructed and safely used, The Road Vehicles (Construction and Use ) Regulations 1986 are not an obvious choice of legislation that could affect rights of way or access to the outdoors. In fact, it is the “safe use of” aspect of the Regulations that is of interest. Section 103 makes obstructing any road unnecessarily with a vehicle an offence.