Summary of Local Authority Duties under
Land Reform (Scotland) Act 2003

The emphasis of Part 1 of the Act is on the management of access at a local level and as such local authorities require adequate powers to manage access in their area. The duties placed on local authorities under the Act are summarised as follows;

• to uphold the exercise of access rights over any route, waterway or other means by which access rights may be exercised.
• to plan for a system of core paths.
• to establish one or more local access forums for their area.
• the Act also provides for local authorities to appoint persons to act as rangers whose main role will be to advise and assist the public and owners of land in respect of access rights, and they will have a role in identifying any problems with access in their areas.
• Scottish Natural Heritage have a duty under section 10 of the Act to draw up a Scottish Outdoor Access Code setting out guidance on the rights and responsibilities of access takers and owners of land.

Core paths

Core paths are paths, waterways or any other means of crossing land to facilitate the exercise of access rights under the Act and identified as such in local authority core path plans.

Every local authority in Scotland is required to draw up a plan for a system of paths (core paths) sufficient for the purposes of giving the public reasonable access throughout their area. This must be done within 3 years of the coming into force of Part 1 of the Act

In drawing up their core paths plans every local authority must consult on the plan with;

• their local access forum,
• persons representative of those living and working on the land that may be affected by the plan,
• Scottish Natural Heritage; and
• they consider appropriate.

Once the local authority have adopted their plan they must compile a list of core paths. The provision of a core path network will facilitate the exercise of access rights, providing for a greater opportunity for people to enjoy the countryside.

• Core paths have to cater for everyone including those with disabilities.
• In drawing up their core paths plans local authorities will have to have special regard to all those people with disabilities who seek to exercise their access rights.

Local Access Forums

Under the terms of the Land Reform (Scotland) Act 2003, every local authority in Scotland must establish one or more local access forums for their area.

The functions of the local access forums include:

• providing the local authority with advice and assistance in the discharge of their duties and functions under the Act
• they will also have a role in offering advice and providing assistance in cases of dispute, for example, concerning the exercise of access rights.

Membership of the Forums will be determined by the following criteria:

• members of these local access forums will be appointed by local authorities
• local authorities are required to ensure that a balance is achieved of land management and recreational interests on each forum
• membership of each local access forum should reflect local circumstances.

Rangers

Under the terms of section 24 of the Land Reform (Scotland ) Act 2003 local authorities in Scotland may appoint persons to act as rangers in respect of any land in their area over which access rights may be exercisable. The purposes for which these rangers may be appointed are:

• to advise and assist the owner of the land and other members of the public on any matter relating to the exercise of access rights on that land
• to perform any other duties in relation to the exercise of access rights on that land that the local authority may determine
• the powers conferred under the Act in respect of rangers in no way prevents rangers from providing other services such as those currently set out for them in the Countryside (Scotland) Act 1967
• any person who is appointed to act as a ranger under the Act can enter any land on which access rights are exercisable, in order to carry out any of the functions required of them by section 24 of the Act

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