UK Act of Parliament 2003 Scotland

Land Reform (Scotland) Act 2003 - Scottish access rights

An Act of the Scottish Parliament to establish statutory public rights of access to land for recreational and other purposes, and to extend some of the provisions for that purpose to rights of way and other rights; to make provision under which bodies representing rural and crofting communities may buy …

Read the Act on legislation.gov.uk (opens in a new tab)
Status
Amended (in force with amendments)
Penalty ceiling
Prosecution 1 of 45 obligations carry a fine up to £1,000. 44 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Any Person14 Landlord5 Occupier2 Trader1

Plus 23 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Any Person — also bound by 2340 other Acts
Landlord — also bound by 224 other Acts
Housing Act 1985 55 duties
Housing Act 1996 30 duties
Occupier — also bound by 235 other Acts
Highways Act 1980 23 duties
Trader — also bound by 825 other Acts
Companies Act 2006 243 duties
Companies Act 1985 85 duties

What it requires

Sections creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

Part 1

Access rights

13 of 36 sections shown
s.003 Reciprocal obligations of owners (opens in a new tab) Regulated
  • Manage your land responsibly to respect public access rightsOccupier
s.010 The Scottish Outdoor Access Code (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • NatureScot must create, promote and review the Scottish Outdoor Access CodeStatutory regulator
s.013 Duty of local authority to uphold access rights (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local authorities must protect and keep access routes free from obstructionLocal authority
s.014 Prohibition signs, obstructions, dangerous impediments etc. (opens in a new tab) Regulated
  • Do not obstruct or deter public access to landOccupier
s.017 Core paths plan (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local authorities must create and maintain a core paths planLocal authority
s.018 Core paths plan: further procedure (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local authorities must consult the public on core path plansLocal authority
s.020 Review and amendment of core paths plan: further procedure Regulated
Other duties (1) — Crown / regulator
  • Local authorities must consult and display core path plan amendmentsLocal authority
s.020 Review and amendment of core paths plan: notice to owners and occupiers of land Regulated
Other duties (1) — Crown / regulator
  • Local authority must notify land owners when creating or amending core pathsLocal authority
s.020 Single amendment of core paths plan: procedure Regulated
Other duties (1) — Crown / regulator
  • Local authorities must consult on single core path plan amendmentsLocal authority
s.023 Ploughing etc. (opens in a new tab) Prosecution
  • Fail to reinstate ploughed path or right‑of‑wayAny Person

Fine up to £1,000

s.025 Local access forums (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local authorities must establish local access forums for land disputesLocal authority
s.028 Judicial determination of existence and extent of access rights and rights of way (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Sheriff may determine access rights and land owner responsibilityTribunal / Court
s.030 Existing byelaws providing for public access to land (opens in a new tab) Regulated
  • Review and update land access byelaws for consistencyAny Person
23 other sections in this Part — procedural and definitional
s.001 Access rights (opens in a new tab)
s.002 Access rights to be exercised responsibly (opens in a new tab)
s.004 Modification of sections 9, 14 and 23 (opens in a new tab)
s.005 Access rights, reciprocal obligations and other rules and rights (opens in a new tab)
s.006 Land over which access rights not exercisable (opens in a new tab)
s.007 Provisions supplementing and qualifying section 6 (opens in a new tab)
s.008 Adjustment of land excluded from access rights (opens in a new tab)
s.009 Conduct excluded from access rights (opens in a new tab)
s.011 Power to exempt particular land from access rights (opens in a new tab)
s.012 Byelaws in relation to land over which access rights are exercisable (opens in a new tab)
s.015 Measures for safety, protection, guidance and assistance (opens in a new tab)
s.016 Acquisition by local authority of land to enable or facilitate exercise of access rights (opens in a new tab)
s.019 Power to maintain core paths etc. (opens in a new tab)
s.020 Review and amendment of core paths plan (opens in a new tab)
s.020 Single amendment of core paths plan: further procedure
s.021 Delineation by agreement of paths in land in respect of which access rights exercisable (opens in a new tab)
s.022 Compulsory powers to delineate paths in land in respect of which access rights exercisable (opens in a new tab)
s.024 Rangers (opens in a new tab)
s.026 Power of entry (opens in a new tab)
s.027 Guidance (opens in a new tab)
s.029 Powers to protect natural and cultural heritage etc. (opens in a new tab)
s.031 Application of sections 14 and 15 to rights of way (opens in a new tab)
s.032 Interpretation of Part 1 (opens in a new tab)
Part 2

The community right to buy

17 of 43 sections shown
s.035 Provisions supplementary to section 34 (opens in a new tab) Regulated
  • Notify Scottish Ministers of changes to your community body's constitutionAny Person
s.036 Register of Community Interests in Land (opens in a new tab) Regulated
  • Notify the Keeper of changes to your community body's detailsAny Person
s.038 Criteria for registration (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Scottish Ministers must apply criteria before registering community interest in landCrown / Minister / Government department
s.039 Evidence and notification of concluded missives or option agreements Regulated
  • Provide evidence of land sale agreements to Scottish MinistersLandlord
s.043 Anti-avoidance provisions (opens in a new tab) Regulated
  • Include declaration in transfer deed when selling land with community interestAny Person
s.044 Duty to notify changes to information relating to registered interest Regulated
  • Update contact and mortgage details for registered land interestsLandlord
s.048 Duties on owner, or creditor, proposing to transfer land (opens in a new tab) Regulated
  • Notify community bodies and Ministers before transferring registered landTrader
s.049 Procedure following receipt of notice under section 48 (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Ministers must process community right to buy notifications within 7 daysCrown / Minister / Government department
s.051 Exercise of right to buy: approval of community and consent of Ministers (opens in a new tab) Regulated
  • Community bodies must obtain approval and consent before buying landAny Person
s.051 Ballots under section 51: appointment of ballotter, etc. Regulated
  • Community bodies must provide ballot wording and info to the ballotterAny Person
s.051 Consent under section 51: duty to provide information Regulated
  • Provide additional information for community right to buy applicationsAny Person
s.051 Circumstances affecting result of ballot Regulated
  • Landowners can comment on community ballot result representationsLandlord
s.054 Declinature or extinction of right to buy (opens in a new tab) Regulated
  • Notify Ministers if you decide not to buy registered landAny Person
s.056 Procedure for buying (opens in a new tab) Regulated
  • Complete land purchase within statutory deadlinesAny Person
s.059 Assessment of value of land (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Ministers must appoint an independent valuer for land buy-outsCrown / Minister / Government department
s.060 Procedure for valuation (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Valuer must invite owner and community body to make representationsStatutory regulator
s.067 Duty to provide information about community right to buy Regulated
  • Provide information about community right to buy when requestedLandlord
26 other sections in this Part — procedural and definitional
s.033 Land in respect of which community interest may be registered (opens in a new tab)
s.034 Community bodies (opens in a new tab)
s.037 Registration of interest in land (opens in a new tab)
s.039 Procedure for late applications (opens in a new tab)
s.040 Effect of registration (opens in a new tab)
s.041 Provisions supplementary to and explanatory of section 40 (opens in a new tab)
s.042 Power to modify sections 40(4) and (5) and 41 (opens in a new tab)
s.044 Duration and renewal of registration (opens in a new tab)
s.045 Deletion of community interest in land (opens in a new tab)
s.046 Re-registration of community interest (opens in a new tab)
s.047 Activation of right to buy (opens in a new tab)
s.050 Power to activate right to buy land where breach of this Part (opens in a new tab)
s.052 Ballot procedure (opens in a new tab)
s.053 Provisions supplementary to section 51: salmon fishings and minerals (opens in a new tab)
s.055 Right to buy same land exercisable by only one community body (opens in a new tab)
s.057 Powers of Lands Tribunal in event of failure or delay (opens in a new tab)
s.058 Procedure where right to buy activated by virtue of notice under section 50(3) (opens in a new tab)
s.060 Liability of owner of land for valuation expenses
s.061 Appeals (opens in a new tab)
s.062 Appeals to Lands Tribunal: valuation (opens in a new tab)
s.063 Compensation (opens in a new tab)
s.064 Compensation appeals (opens in a new tab)
s.065 Effect of right to buy on other rights (opens in a new tab)
s.066 Amendment of Land Registration (Scotland) Act 1979 (opens in a new tab)
s.067 Construction of references to land in which community interest registered (opens in a new tab)
s.067 Calculation of time periods
Part 3

The crofting community right to buy

9 of 34 sections shown
s.073 Application by crofting community body for consent to buy croft land etc. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Apply to buy croft land with full application pack and serving noticesCrown / Minister / Government department
s.074 Criteria for consent by Ministers (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Ministers must ensure strict criteria are met before approving land buyoutsCrown / Minister / Government department
s.077 Reference to Land Court of purchase of eligible additional land without owner’s consent (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Land Court must determine forced land sales to crofting communitiesTribunal / Court
s.082 Notification of Ministers' decision on application (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Ministers must notify parties of decisions on crofting community applicationsCrown / Minister / Government department
s.083 Leaseback to owner of sporting interests (opens in a new tab) Regulated
  • Crofting community body must lease back sporting interests to the original ownerAny Person
s.085 Confirmation of intention to proceed with purchase and withdrawal (opens in a new tab) Regulated
  • Confirm your intention to buy land within 21 daysAny Person
s.086 Completion of purchase (opens in a new tab) Regulated
  • Provide necessary deeds and transfer title to the crofting community bodyLandlord
s.088 Assessment of value of croft land etc. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Ministers must appoint independent valuer within 7 days of right-to-buy consentCrown / Minister / Government department
s.094 Register of Crofting Community Rights to Buy (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Crofting Commission must maintain a public register of buy-out rightsStatutory regulator
25 other sections in this Part — procedural and definitional
s.068 Land which may be bought: eligible croft land (opens in a new tab)
s.069 Land which may be bought: salmon fishings and mineral rights (opens in a new tab)
s.069 Land which may be bought: interest of tenant over land
s.070 Land which may be bought in addition to eligible croft land (opens in a new tab)
s.071 Crofting community bodies (opens in a new tab)
s.072 Provisions supplementary to section 71 (opens in a new tab)
s.075 Ballot to indicate approval for purposes of section 74(1)(m) (opens in a new tab)
s.076 Right to buy same croft land exercisable by only one crofting community body (opens in a new tab)
s.078 Modification of section 77(3)(a) to (e) (opens in a new tab)
s.079 Additional land included at request of owner (opens in a new tab)
s.080 Consent conditions (opens in a new tab)
s.081 Reference to Land Court of questions on applications (opens in a new tab)
s.084 Effect on other rights of Ministers' decision on right to buy (opens in a new tab)
s.087 Completion of transfer (opens in a new tab)
s.088 Acquisition of interest of tenant over land: allocation of rents etc.
s.089 Compensation (opens in a new tab)
s.090 Grants towards crofting community bodies' liabilities to pay compensation (opens in a new tab)
s.091 Appeals (opens in a new tab)
s.092 Appeals to Land Court: valuation (opens in a new tab)
s.093 Agreement as to matters referred or appealed (opens in a new tab)
s.095 Avoidance of disposal other than to crofting community body (opens in a new tab)
s.096 Limitation on effect of this Part (opens in a new tab)
s.097 Scottish Land Court (opens in a new tab)
s.097 Construction of certain references to “tenant”
s.097 Meaning of creditor in standard security with right to sell
Part 3

Community right to buy abandoned, neglected or detrimental land

5 of 22 sections shown
s.097 Right to buy same land exercisable by only one Part 3A community body Regulated
Other duties (1) — Crown / regulator
  • Ministers must resolve competing community right to buy applicationsCrown / Minister / Government department
s.097 Notification of Ministers' decision on application Regulated
Other duties (1) — Crown / regulator
  • Ministers must notify parties of their decision on a land purchase applicationCrown / Minister / Government department
s.097 Confirmation of intention to proceed with purchase and withdrawal Regulated
  • Confirm intention to proceed with land purchase in writingAny Person
s.097 Completion of purchase Regulated
  • Complete land purchase and prepare transfer documentsAny Person
s.097 Assessment of value of land etc. Regulated
Other duties (1) — Crown / regulator
  • Ministers must appoint independent valuer to assess land value on community buyoutCrown / Minister / Government department
17 other sections in this Part — procedural and definitional
s.097 Meaning of “land”
s.097 Right to buy eligible land
s.097 Part 3A community bodies
s.097 Provisions supplementary to section 97D
s.097 Inclusion of applications for right to buy in Register of Applications by Community Bodies to Buy Land
s.097 Right to buy: application for consent
s.097 Criteria for consent
s.097 Ballot to indicate approval for purposes of section 97H
s.097 Consent conditions
s.097 Effect of Ministers' decision on right to buy
s.097 Completion of transfer
s.097 Compensation
s.097 Grants towards Part 3A community bodies' liabilities to pay compensation
s.097 Appeals
s.097 Appeals to Lands Tribunal: valuation
s.097 Reference to Lands Tribunal of questions on applications
s.097 Agreement as to matters referred or appealed
Part 4

General and supplementary

0 of 4 sections shown
4 other sections in this Part — procedural and definitional
s.097 Mediation
s.098 General and supplementary provisions (opens in a new tab)
s.099 Amendments, repeals and savings (opens in a new tab)
s.100 Short title, Crown application and commencement (opens in a new tab)
Schedules

Schedules

1 of 32 shown
s.sch001 Path orders (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local authorities must notify landowners before creating a path orderLocal authority
31 other schedules
s.sch001 Procedure
s.sch001 Such consent shall not be unreasonably withheld and any question...
s.sch001 The operator of any electronic communications code network for the...
s.sch001 Paragraph 108(2) of Schedule 3A to the Communications Act 2003...
s.sch001 Part 6 of the electronic communications code (rights to require...
s.sch001 That notice shall specify— (a) a time, being not later...
s.sch001 If no such objections are made or any made are...
s.sch001 If, however, an objection is made and not withdrawn, the...
s.sch001 Ministers— (a) may; and (b) if any objection made is...
s.sch001 Ministers shall, after considering the report of that person, either...
s.sch001 On its confirmation, the path order shall have effect.
s.sch001 As soon as a path order has effect, the local...
s.sch001 Statutory undertakings
s.sch002 Amendment and repeal of enactments (opens in a new tab)
s.sch002 Section 3 (which creates the offence of occupying or camping...
s.sch002 Criminal Justice and Public Order Act 1994 (c. 33)
s.sch002 After section 61(4) (circumstances in which persons who, although not...
s.sch002 In section 64 (which, amongst other things, confers powers on...
s.sch002 In section 68 (offence of aggravated trespass) after subsection (1)...
s.sch002 The Conservation (Natural Habitats, Etc.) Regulations 1994 (S.I. 1994/2716)
s.sch002 In regulation 3(2) there is inserted at the end— “...
s.sch002 After regulation 69 there is inserted— Core and other paths...
s.sch002 After subsection (3) of section 208 of the Town and...
s.sch002 In section 1(1) of the Acquisition of Land (Authorisation Procedure)...
s.sch002 Countryside (Scotland) Act 1967 (c. 86)
s.sch002 Subject to paragraphs 6 and 7 below, the following provisions—...
s.sch002 In section 47 (interpretation of Part III which deals with...
s.sch002 The coming into force of the repeal of Part II...
s.sch002 Notwithstanding the repeal of section 30 to 38, those sections...
s.sch002 The Civic Government (Scotland) Act 1982 is amended as follows—...
s.sch002 In section 14A (prohibiting trespassory assemblies) of the Public Order...

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