I have to say that I really am disappointed at the lack of reaction or response to these developments considering the hard work and hard bargaining during the consultation stage prior to implementation of the Land Reform Act (Scotland).
MCoFS (Mountaineering Council of Scotland), Scottish Rights of Way Society, the SMC (a radical turn-around from their C19th roots which, almost to a man, consisted of aristocratic land owners with a "for me but not for you" attitude to land access), a variety of countryside interests from bird-watchers to camping clubs, with active campaigning and support by Scotland's most prominent outdoors publications. And let us not forget the man who gave the ball a sound kick, The Right Honourable Robin Cook MP!
An immediately apparent problem here, is that these are disparate interest groups which will probably never unite forces again.
I found it very interesting that the Farmers didn't put up the expected belligerent stance, being satisfied with negotiating the clear distinction of out-of-bound areas such as farm steading, machinery storage, livestock, etc. I found the sudden appearance of copious styles and stock-proof gates quite astonishing, as they finally saw a huge reduction in unwitting trespassers, due to the readily available and transparent language in the form of the Scottish Outdoor Access Code, a stark contrast to the grey areas of Trespass dotted around Scots Law and the common misconception that there were no trespass laws in Scotland.
Those who didn't lend support are also of interest. The Shooting and Angling fraternities abstained from contributing, with the exception of the BASC siding itself with fox hunters, wealthy land-owners, business interests and some Local Authorities in opposition. There is also hearsay that Strathclyde Police lodged objections, probably on the grounds of logistics and resources.
It may be self explanatory that shooters and anglers saw hoards of walkers, twitchers and Toonies, etc. as a threat to their pastimes and peace of mind, but it also allows a clear view of just who your enemies are!
I posted the following on another thread in BcUK, but it clearly shows my exhilaration and sense of triumph after the 2003 Act came into force in 2005. I managed to subdue any apprehensions of the day that this elation might easily be short-lived!
I am also quite disappointed that our English compatriots didn't rise to the fore in demand of parity of rights. A sort of reversal of Tam Dalziel's lobbed spanner of the "West Lothian Question".
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The Land Reform Act (Scotland) 2003 and the SOAC.
I'm surprised no-one has put up a thread on the The Land Reform Act (Scotland) 2003 and the Scottish Outdoor Access Code (SOAC).
Are there any lawyers using the Forum? If so, your tuppenceworth would be most appreciated, even though any inconvenient truths will still be ignored
I've recently heard quite a number of conflicting, and I'm certain, erroneous beliefs with regard to the Act, the reason being, I think, is that the legislation for England and Wales bears little resemblance to that of Scotland, in that those unfortunate to live south of the Scottish Border are still subject to archaic, feudal trespass laws, have little rights of passage other than by legal Rights of Way and have no legal right to access, or use of waterways. I'm told that the only legitimate camping in the Lake/Peak District is above the treeline.
I'm not being smug here, so feel free to contradict if I'm mistaken.
The Land Reform Act (Scotland) 2003 states that you have a right to access "land (including inland waters, canals and the foreshore) for recreational purposes or for the purposes of carrying on a relevant educational activity", and it is written in transparent language so as to be easily understood by Joe Soap ...although it shoots itself in the foot at times with gobledygook like; " (or) for the purpose of carrying on, commercially or for profit, an activity which the person could carry on otherwise than commercially or for profit."... just to keep you on your toes!
It also allows you to camp, with the proviso... "In relation to a house, sufficient adjacent land to enable persons living there to have reasonable measures of privacy in the house to ensure that their enjoyment of the house is not unreasonably disturbed."
In juxtaposition, there is no right of access to land on which there is... " a caravan, tent or other place affording a person privacy or shelter;", so in effect, your right to privacy while camping is also enshrined by the Act, as is that of the owner of the land you're camping on!
You have a legal right to camp for "2 or 3 days in one place."
It does not give you a right of access to "Private gardens in common ownership.", or to properties like a farm steading or building or outhouses, business premises, land where machinery is stored, railways or restricted MOD land, etc. There is no right of access to land to which an entry fee was required prior to 2003, or the implementation of the legislation in 2005, and procedures are in place to facilitate exclusion from the Act. You have no right to off-road parking nor to vehicular access on private property. It is a fallacy that there is a right to vehicular access to land in public ownership, like Forestry Commission land. I did see, somewhere or other, a reference to camping not being allowed in an enclosure, or on enclosed land. It probably refers to a field with live-stock or crops (although there is right of passage around field margins), but passages like that are certainly ambiguous and inconvenient, especially as I've recently discovered a gorgeous wee mixed woodland not far from my home which is enclosed by a dry stane dyke.
Open to interpretation?
My advice would be to acquire a copy of the Scottish Outdoor Access Code (SOAC) and carry it with you whenever you go camping just in case someone decides to be a **** and phones the Polis, as you can be sure that a country polisman will not be familiar with the law and is likely to take the side of the local. It could ruin what would otherwise be a grand evening at the campfire. And you have a legal right to make a reasonable camp-fire (That's a camp-fire, not a bonfire), provided you are sensible, do not cut live wood or leave rubbish and do as much as you can to leave the site in a respectable condition. It is advised to cut turfs to prevent unsightly fire-rings and to replace the turfs after making good and sure the fire is out.
Remember the sign at Blackmount, "That which burns never returns!" and always be aware that a fire built on a peat-bed can smoulder for days or weeks before breaking into a devastating wild-fire long after you've gone on your way. Think on that!
Responsibility is placed on you to respect your surroundings, other users of the countryside and those who live there. You have a responsibility to bury human waste while being mindful of watercourses, including waste foodstuffs and pot-washing (giardia, et al), and to remove any rubbish.
If you carried it in full, you can carry it out empty.
Here is a link to the Scottish Outdoor Access Code (SOAC)
http://www.outdooraccess-scotland.com/default.asp
And you should be able to pick up a copy from your local Council Office.
Here is the Act in full...
http://www.opsi.gov.uk/legislation/scot ... 30002_en_1
With regard to Golf Courses, the Act, although stating "not for recreational purposes", does allow "right of passage through a Golf Course", as I found myself having to point out to a particularly vociferous golfer a few weeks ago, who seemed to think the fact he was towing a bogey around a lawn whilst wearing a pink twin-top gave him the right to insult and abuse anyone not doing likewise. I gave him a few novel ideas for alternative uses of golfing equipment before my wife and myself went on our way.
Well, that's just about all I need to know with regard to stravaiging and camping in Scotland but if you have anything to add, or corrections to make, you're most welcome.
Happy camping, and dinna burn a' the Wid!
C'mon Baby light my fire... (Jockie Feliciano)
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Let's all cross our fingers and hope we aren't seeing its death-throws!
Cheers,
Bill.
