ACTIVE OUTDOORS VIEWPOINT: 20 years of access rights is something to celebrate
Scotland has long enjoyed the “right to roam” and it is now 20 years since that notion was formalised when the Scottish Outdoor Access Code came into force.
An integral part of the Land Reform Act (2003), the code gives people access rights on most land and inland water for walking, cycling, horse riding, paddling and other non-motorised activities.
Alongside this, the code – which came into effect on February 9, 2005 – also sets out the responsibilities of those asserting their access rights and those who manage land or water over which access rights apply. Much of it is common sense and based on mutual respect for the needs of other people who live, work or use the land for recreation.
These access rights have been described as the envy of the world, and it’s easy to see why. Everybody living in or visiting Scotland has the same rights and responsibilities when it comes to access, and it opens up our wonderful landscapes – both rural and urban – to people from all walks of life.
Scotland’s People and Nature Survey 2023/24 found that 61 per cent of people in Scotland visit the outdoors for leisure or recreation at least once a week. While that varies by affluence, deprivation, health and ethnicity, the outdoors world is beginning to focus more on diversity and encouraging people of different backgrounds to feel that the outdoors is just as much for them.
Brendan Paddy, the director of walkers’ charity Ramblers Scotland, said: “This anniversary is a perfect moment to celebrate the huge success of Scotland’s world-class access legislation, and to reflect on how even more people can benefit from it in future.
“In the years ahead, all of us who love Scotland’s outdoors must keep breaking down the physical and societal barriers that sadly can still stop some people from walking. That requires an increased focus on education, investment and support for on-the-ground staff, such as access officers and rangers.
“By doing that, we’ll ensure that our amazing access laws become an access reality for everyone, within all communities across Scotland.”
NatureScot, Scotland’s nature agency, is responsible for promoting the code as part of the organisation’s overall aim of improving our natural environment and inspiring everyone to care more about it.
Only by getting people out into nature to feel the benefits it brings can we expect them to want to care for that environment. More education and understanding of the co-existence of species within the natural world - as well as between humans with different wants and needs from the land - will help to strengthen the ties between people and the land.
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NatureScot says the code “remains at the beating heart of the public’s everyday enjoyment of Scotland’s great outdoors, empowering a generation who have grown up with the freedom to enjoy the land and inland water across Scotland”.
For those of us of a certain age, it’s strange to think that a whole generation has grown up knowing only these access rights. You only have to look south of the border to see how different things are there – where “sticking to the path” is not only expected but often a legal requirement.
There’s so much more to discover in the outdoors when you can explore off the beaten path. Our mountains provide wonderful places to wander or “stravaig”, to learn and develop skills, while forests and coasts also provide valuable spaces for our mental and physical wellbeing.
I’ve had a paper copy of the code on my bookshelf since it was first published, and it is available in full online along with specific guidance on various aspects, from camping and dog walking to wildlife and managing access on farms and other land.
As NatureScot explains, these rights have become a cornerstone of Scotland’s identity, promoting access to the outdoors and nature while encouraging respect for those living and working on the land and caring for the environment.
That’s not to say there are not problems – sadly, where humans are involved, there are many imperfections – but I agree that having such open access to the outdoors connects us to the significant benefits it can bring to our health and wellbeing, as well as to the rural economy.
Professor Colin Galbraith, the chairperson of NatureScot, said: “For two decades, Scotland’s rights of responsible access have given people unparalleled opportunities to get outside and enjoy exploring our breathtaking landscapes, nature and local greenspaces. Whether you are on a paddle board, wild swimming, walking, riding a horse or bike, or in a kayak, there are activities for everyone to experience.
“The Scottish Outdoor Access Code has guided the introduction and use of these rights, informing both the public and land managers of their responsibilities based on mutual respect, care and understanding.
“At NatureScot we are committed to working with partners, landowners and communities to ensure access rights continue to thrive, and that their use helps tackle the climate emergency by promoting a deeper connection to nature while encouraging everyone to care for Scotland’s extraordinary outdoors.”
I’ve said many times before that we live in a special part of the world, and our unparalleled access rights are just as important to that as the towering mountains, the golden beaches and the stamp of history on this land.
We should all be familiar with the Scottish Outdoor Access Code and our rights and responsibilities within it. It is based around three key principles: respecting the interests of others, caring for the environment, and taking responsibility for your own actions.
It’s worth reflecting, next time you are enjoying the outdoors, on how we can embody these principles as we explore this great country of ours.
