Scottish Outdoor Access Code

Access rights apply to most land regardless of whether it is owned by the state, private individuals, companies, or voluntary and charitable bodies.

[3] The rights covers any non-motorised activity, including walking, cycling, horse-riding and camping, and also allow access on inland water for canoeing, rowing, sailing and swimming.

[8] Until the mid-nineteenth century the ability to access land was little challenged, however this began to change with the rise of deer stalking as a commercial enterprise, and the increase in the number of people visiting the highlands following the coming of the railways.

These include outdoor activities, such as walking, cycling, horse riding, carriage driving, rock climbing, hill-walking, running, orienteering, ski touring, ski mountaineering, caving, canoeing, kayaking, outdoor swimming, rowing, windsurfing, sailing, diving, and air sports such as paragliding.

[4] Education purposes are defined as "activities concerned with furthering a person's understanding of the natural or cultural heritage".

[16] The code includes an annex listing some of the most relevant pieces of legislation, such as those relating to the control of dogs and the protection of wildlife.

However additional care must be taken to respect people's privacy and peace of mind at night by staying well away from buildings and using paths and tracks wherever possible.

[23] Access rights do not extend to the land surrounding a house or other dwelling (e.g. a static caravan) to the extent needed to provide residents with a reasonable measures of privacy.

The question of how much land surrounding a dwelling is required to provide "reasonable measures of privacy" has been the main issue on which the courts have been asked to intervene.

[24][23] Access rights extend to inland water such as rivers, lochs, canals and reservoirs in order to allow swimming and other non-motorised watersports.

However requirements to respect the rights of people on nearby land may affect the routes and areas of water that can reasonably be used.

These rights extend to grant access to riverbanks, loch shores, beaches, and coastline (except where such land is excluded due to other provisions, such the requirement to provide a reasonable measure of privacy).

Land may also be temporarily exempted from access rights through an order made by the local authority, for example to allow for an event such a music festival or car rally.