Outdoor Access in Scotland has a long history dating back centuries. Originally, access would have existed across all land, but slowly, it became restricted as patterns of landownership changed and development occurred. Some linear routes gained popularity due to their directness, ease of use and benefits for trade. Drove roads, for example.
Attempts to restrict outdoor access have also been happening for centuries. Landowners tried to resist open access, and even the historic rights of way, such as drove roads were under threat. The public challenged this, resulting in landmark court actions to assert rights of way and the public’s right to use them.
Dismayed at these costly actions, Members of Parliament and charities such as the Scottish Rights of Way and Recreation Society campaigned for a simpler system for local authorities to have a simpler way to resolve right of way disputes. The result was the Local Government (Scotland ) Act 1894. As well as working to protect linear access, there was also a goal of achieving a public right of access to land and in particular, the mountains. MP James Bryce sponsored the Access to the Mountains (Scotland) Bill 1884, and despite being presented to Parliament multiple times, it was never successful.
Over the years, different pieces of legislation were passed that dealt with outdoor access, but nothing as all-encompassing as James Bryce had planned. However, leisure time for people was increasing, and a growing demand for access to the countryside was happening. Long-distance routes were created, the first being the West Highland Way, local communities and organisations and local authorities started to put more effort into improving footpaths supported by schemes such as the Manpower Services Commission. Path construction techniques developed rapidly, and there was a flurry of Countryside Projects maintaining and creating paths, mostly aimed at walkers.
A 1994 Scottish Natural Heritage (SNH now NatureScot) report, “Enjoying the Outdoors”, heralded a change in thinking. Perhaps for the first time, it set out a strategic approach to consider the access needs of cyclists, horse riders and people with disabilities, as well as walkers. The report also highlighted the need to consult communities much more about the paths that they wanted. This approach was continued with the formation of the ‘Paths For All Partnership’ and ourselves in the form of the Scottish Countryside Access Network in 1996. The increased involvement of communities in access was seen as a very positive step forward and was encouraged by government policy. With devolution to a Scottish Parliament in 1999, a promise was made to introduce legislation that would give a right of access for non-motorised users.
The Draft Land Reform Bill was issued in 2000, Part 1 of which included ‘access to land’, was widely seen as a disappointing document that was in many places not relevant to the Scottish context and did not live up to the expectations of either access managers, providers or takers. A period of intense lobbying to improve the Bill followed. As did the catastrophic outbreak of Foot & Mouth Disease. This effectively closed the countryside and demonstrated that, on the whole, the public could be trusted to act responsibly to follow guidance and signs. It was perceived, though, that some landowners took advantage of the situation and closed land unnecessarily.
Over 3000 responses were made- the most ever received on a consultative Bill and in 2001 Parliament accepted the ’right of responsible access to most land’ as a core facet of the Land Reform Bill. Lobbying work on the final details continued right through the committee stages and the Bill was passed on 23 January 2003. However, its provison’s did not come into operation until SNH had consulted on and produced a Scottish Outdoor Access Code and the Scottish Executive (now the Scottish Government) produced guidance to local and national park authorities. This Act was finally enacted on 9 February 2005. Scotland finally had a world-class framework for responsible access to land.