Ministear airson na h-Arainneachd agus Atharrachadh Aimsir Minister for Environment and Climate Change

Stiubhart MacSteafain SPA Stewart Stevenson MSP

FIT:08457741741
E: scottish.ministers@scotland.gsi.gov.uk

The Scottish Government

Riaghaltas na h-Alba

Ms Kezia Dugdale MSP The Scottish Parliament EDINBURGH EH991SP

Ur faidhlelYour ref: GC-06/10/11 Arfaidhle/Our ref: 2011/1021032

\~ovember

2011

Thank you for your letter of 6 October 2011 to the Cabinet Secretary for Rural Affairs and the Environment, Richard Lochhead MSP, on behalf of one of your constituents, seeking clarification of the law relating to the right of way in Scotland. I am replying as the Minister responsible for outdoor access. Under Part 1 of the Land Reform (Scotland) Act 2003 there is a right of responsible nonmotorised access to land throughout Scotland, with few exceptions. The rights and responsibilities of land managers, as well as those exercising access rights, are set out inthe Scottish Outdoor Access Code (SOAC), which has been approved by Parliament and is available at www.outdooraccess-scotland.com or from Scottish Natural Heritage on 01738 444177. There are also specific rights of way in Scotland. There are conditions that a route must meet to become a right of way: the route must link two public places and it must have been used by the general public for 20 years. The Scottish Rights of Way Society (ScotWays) work with local authorities to determine if these specific conditions have been met, however, it is ultimately a matter for the courts to decide whether a route is a right of way.

Taigh Naomh Anndrais, Rathad Regent, Dun Eideann EH1 3DG St Andrew's House, Regent Road, Edinburgh EH13DG www.scotland.gov.uk

nr.'VI!STOR L"iPEOPUl

Your constituent may be interested to know that ScotWays holds a database of rights of way in Scotland. Your constituent can find out if a route is detailed on this database by contacting ScotWays, either by post at 24 Annandale Street, Edinburgh, EH7 4AN or by telephone on 0131 558 1222. However, it should be noted that this database does not contain every right of way in Scotland, as many are known only locally. Local Authorities also hold details on rights of way within their own area and they too may be able to assist your constituent. Under the Land Reform (Scotland) Act 2003 it is a duty of the local authority or national park authority to uphold access rights. If your constituent has an issue with a particular route the matter should be raised with the access officer at the local authority, who is in a position to mediate with the land manager on their behalf, if they deem it appropriate to do so. I hope this is helpful.

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STEWART STEVENSON

Taigh Naomh Anndrais, Rathad Regent, Dun Eideann EHl 3DG St Andrew's House, Regent Road, Edinburgh EHl 3DG www.scotland.gov .uk