Aitken Dr R (1984) Scottish Mountain Footpaths A Reconnaissance Review of their Conditions. Countryside Commission for Scotland. ISBN 0 902226 74 6 #

The Countryside Commission for Scotland initiated a footpath management project aimed at improving skills in the construction and repair of hill paths. In order to provide a background to this project, Dr Robert Aitken was commissioned to undertake a reconnaissance review of the condition of a selection of popular hill paths.

The aim was to gain a broad impression of the extent and nature of change on such paths and not, at this stage, to analyse particular problems on individual paths or to prescribe solutions. The Commission expects that Dr Aitken’s report will be of wide interest and is publishing it as a contribution to the discussion about the management of mountain paths. The conclusions and suggestions for action are Dr Altken’s, not the Commission’s, but the Commission will be drawing from them in developing its future work in this field.

The Tourism and Rural Initiatives Consultancy Ltd (1994) Enjoying the Outdoors A Summary Report on Responses to the Consultation Paper. Scottish Natural Heritage. ISBN: 1 85397 055 7 #

In January 1993, Scottish Natural Heritage (SNH) published a consultation paper Enjoying the Outdoors’ concerning arrangements for access to the countryside. SHN circulated this paper to national organisations and also to local interests, such as community, land management and recreation groups. Views were also sought from the general public. Almost 500 responses were received, providing a very wide range of opinions on possible ways of improving the present arrangements and much useful information about local access issues.

The Tourism and Rural Initiatives Consultancy Ltd reviewed the responses and this report presents their main findings and summarises the key issues and suggestions that have been raised across the range of responses.

Scottish Natural Heritage (1994) Enjoying the Outdoors A Programme for Action. Scottish Natural Heritage. ISBN 1 85397 099 9 #

When Scottish Natural Heritage (SNH) came into being in April 1992 it inherited from one of its predecessor bodies, the Countryside Commission for Scotland, a major review of the present arrangements for access to the countryside for enjoyment of the outdoors. The Commission had completed a number of research studies; it had consulted many of the key user groups, as well as other organisations and individuals; and it had established a broadly-based Technical Advisory Group to give advice and debate key issues.

In taking this Review forward, SNH drew upon these studies and continued the consultation process. In January 1993 we published a discussion paper, Enjoying the Outdoors, which invited responses from national and local organisations and local interests and the general public. Some 14,000 copies of this paper were circulated and attracted almost 500 responses, some of them long and closely argued. 

Given the many and varied demands upon the countryside for access. the broad outcome of the consultation was that the present arrangements for recreational access to the countryside are not as satisfactory as they could be and that improvements are now urgently required.

This Paper is a starting point for action and for continued joint working between the key organisations in promoting open-air recreation. It is not a detailed blueprint, because different parts of Scotland require different approaches which can build on the broad policies set out in the Paper.

The Access Forum (1996) Scotland’s Hills and Mountains: A Concordat on Access. Scottish Natural Heritage ISBN: None #

The parties to the break-through Concordat on Access came together because there is an urgent need for co-operation between the different users of hill land. The aim was to establish a better understanding between various interests in order to promote tolerance and encourage co-operation.

The Concordat recognised the long-standing tradition of access to hill land in Scotland, cherished by all who use the hills and long accepted by landowners and managers where this freedom is exercised with responsibility. As more people went to the hills, there was a growing need to encourage sensitive management and recreational practice. The Concordat aims to ensure that people can continue to enjoy access to the open hill in a way which shows consideration for the interests of others.

The Access Forum (1997) A Public Report on Progress 1996-97. Scottish Natural Heritage ISBN: 1 85397 283 5 #

A review of the work of the Access Forums during this period.

The Access Forum (1998) Rights and Responsibilities in the Countryside A Review of Access for Open Air Recreation. Scottish Natural Heritage. ISBN: None #

A leaflet inviting people to contribute to a request by Government to consult relevant bodies on appropriate changes to the law relating to access. The request follows the Manifesto commitment to give people greater freedom to enjoy the countryside. The leaflet includes some 1997 statistics on access to the countryside, rights of way and land cover in Scotland.

The Access Forum (1998) Access to the Countryside: The Access Forum’s Advice. The Access Forum. ISBN: None. #

The Access Forum, which consists of two fora – the Access Forum and the Access Forum (Inland Water) – was given the challenging task of advising Scottish Natural Heritage, and through them Government, on the changes required to the law in order to provide the public with greater freedoms to enjoy Scotland’s countryside.Following wide consultation, the Forum reached a consensus on a right of access, exercised responsibly, for informal recreation and passage that also recognises the need for much greater effort in encouraging responsible behaviour and on providing practical help to land managers. This report sets out that broad package.

Scottish Natural Heritage (1998) Access to the Countryside for Open-Air Recreation Scottish Natural Heritage’s Advice to Government. Scottish Natural Heritage ISBN: 1 85397 019 0 #

The Access Forum, which consists of two fora – the Access Forum and the Access Forum (Inland Water) – was given the challenging task of advising Scottish Natural Heritage, and through them After extensive and rigorous debate. the Access Forum advised Scottish Natural Heritage (SNH) that the best way to meet the Government’s wish to create greater freedom for people to enjoy the countryside was to change the law to create a right of access. This report is the Access Forum’s advice, with a brief commentary which highlights the main conclusions endorsed by SNH, along with some additional points and some of the implications to be borne in mind in the next stages of preparing detailed proposals for consideration by the Scottish Parliament.

The Access Forum (1997) A Public Report on Progress 1996-97. Scottish Natural Heritage ISBN: 1 85397 Scottish Executive (1999) Land Reform Proposals for Legislation. The Stationery Office. ISBN: 0 10 888001 X  #

The White Paper that led to the Land Reform (Scotland) Act 2003.

Scottish Law Commission, (2003) Report on Law of the Foreshore and Seabed, Scot Law Com No 190, 200, The Stationary Office #

In late 1999 the Deputy First Minister and Minister for Justice asked the Scottish Law Commission “To consider the existing law of the foreshore and seabed, and to advise on possible reforms with a view to improving clarity and consistency.” In April 2001 a discussion paper on the Law of the Foreshore and Seabed was published and widely distributed. After fully considering the responses received the final report was given to the Scottish Parliament in March 2003.

Scottish Natural Heritage (2003) A National Access Forum for Scotland A consultation paper. Scottish Natural Heritage. ISBN 1 85397 352 1 #

The Access Forum (established 1994) and Access Forum (Inland Water) (established 1996) were set up to promote debate between recreation and land managing interests and the main public bodies with, a role in open-air recreation. They played a major role in mediating the package of reforms to the law relating to public access to the outdoors reflected in the Land Reform (Scotland) Act 2003, but the Act did not include provisions for a national access forum.

The need for a national access forum was felt to be an important facet of the developing outdoor access picture and Scottish Natural Heritage undertook a consultation for a credible national Access Forum with good communications with, land managers, users and relevant public bodies. This consultation sought views on what sort of national Access Forum is needed in the future, including its role, structure, membership and ways of working.

Scottish Natural Heritage (2003) Scottish Outdoor Access Code A consultation on a draft Scottish Outdoor Access Code. Scottish Natural Heritage ISBN: 1 85397 351 3 #

Access rights come with important responsibilities, not just for those who wish to exercise them but also for land managers. The job of the Scottish Outdoor Access Code is to provide a detailed reference on access rights and responsibilities. The Code will be used as a starting point for short, summary codes for general public use and supported through an extensive promotion and education programme. This document was a consultation that sought people’s views and observations to ensure that the Code provides a clear, helpful and widely accepted basis for responsible access to Scotland’s outdoors.

Scottish Natural Heritage (2003) Analysis of representations made on the draft Scottish Outdoor Access Code Report on the outcome of the consultation on the draft Scottish Outdoor Access Code Report 2. Scottish Natural Heritage ISBN: None #

The Access Forum and Access Forum (Inland Water) were set up in 1994 to promote debate between recreation and land managing interests and the main public bodies with, role in open-air recreation.  

Under Section 10 of the access legislation, Scottish Natural Heritage (SH) has a duty to draw up and issue a code, to be known as the Scottish Outdoor Access Code. To meet this requirement, SH undertook a consultation on a draft Scottish Outdoor Access Code between 26th March 2003 and 30th June 2003. This included extensive distribution of a consultative draft of the Code which posed 28 questions to assist responses. The aim of this report is to present a summary of the main analysis of the wide-ranging comments received in the 1,362 representations made on the draft Code. It provides data on the responses to each question, some quotations to give the reader an impression of the range of views expressed and a concluding summary on our analysis of the points expressed.

The Law Commission and the Scottish Law Commission, (2013) Report on Level Crossings, Law Commission No 339, Scot Law Com No 234, The Stationary Office #

A project on level crossings law reform was recommended by the Department for Transport and commenced in 2008. It was conducted jointly by the Law Commission and the Scottish Law Commission. In November 2010 a detailed consultation phase was started and the joint Report of the two Law Commissions was published in 2013, accompanied by a draft Bill.

The recommendations fell into three broad categories: safety of level crossings, closure of level crossings and rights of way. The Law Commissions recommended that safety at level crossings should be governed in future by the Health and Safety at Work Act 1974, which applies to other aspects of railway safety, in place of the Level Crossings Act 1983 and a mixture of private Acts dating back to the building of the railways. The Commissions also recommended that a more streamlined procedure for closing level crossings should be introduced, set out in the draft Bill. Finally, they recommended that the law on rights of way across railways should be clarified. For Scotland, it was recommended that the Scottish Ministers should have an order-making power in relation to level crossings to facilitate the exercise of access rights under the Land Reform (Scotland) Act 2003.

Railways are a reserved matter to the UK Government and in 2018 the UK Government said they would not enact the recommendation for new legislation as the Law Commissions recommended.

Lamont K & Jessiman L, (2024) Livestock Worrying Policy Brief, SRP Project A3.4, SRUC #

A policy brief co-produced by participants of a livestock worrying workshop, which was held in Cupar, Fife in Spring 2023. Participants included: access officers, countryside rangers, dog training experts, farmers /land managers and social science academics. Recommendations from the workshop participants are included in this policy briefing.

Key recommendations were to review the Scottish Outdoor Access Code to reduce ambiguity and improve clarity around dogs being under control and discouraging the phrase ‘right to roam’ in favour or a ‘right of responsible access’. Other recommendations included higher fines for dog-related offences and increased education and awareness raising for dog owners.