Monitoring the implementation of the Land Reform (Scotland) Act 2003 Part 1 Summary - March 2014
A monitoring regime is in place to gather information on the duties, powers and
expenditure of the 32 local authorities and two national park authorities (in their role
as access authorities) in upholding and facilitating access rights, planning a system
of core paths and giving the public reasonable access throughout their areas.
Local access forums
Local access forums, including representatives of land manager and recreation
interests, help resolve disputes about access rights and advise the local access
officer.
Number of Local Access Forum meetings per year
250
200
150
100
50
0
2005/06 2006/07 2007/08 2008/09 2009/10 2010/11 2011/12 2012/13 2013/14
Number of Local Access Forums* undertaking different
activities in 2013/14
Dispute resolution
Advising on development / projects
Promotional works and events
Core Paths Planning
Other
0
5
10
15
20
25
In 2013/14 an average of 313 hours of access officer time per month was spent
servicing local access forums across Scotland.
* Highland Council area is counted as 1 local access forum although 6 area forums
cover the large area.
Core Paths Plans
Core path networks must be sufficient for giving the public reasonable access
throughout access authority areas. Where appropriate core paths should:


link up with other path networks
provide for all types of user, including walking, cycling, horse-riding and water
sports
generally be accessible to the disabled, except where physical terrain
prevents this.

Core paths are also an important means of managing public access and recreation.
Length of Core Paths by year (km)
25000
20000
15000
10000
5000
0
2005/06 2006/07 2007/08 2008/09 2009/10 2010/11 2011/12 2012/13 2013/14
As the 34 access authorities gradually adopted their core paths plans, so the length
of the core path network has increased. At 31 March 2014, only 2 core paths plans
had not yet been adopted.
At 31 March 2014, 10,140km of the 19,798km of core paths were signposted or
waymarked.
Section 11 Orders under Land Reform (Scotland) Act 2003
(exempting land from access rights for less than 6 days, or for periods of 6 days or
more with confirmation by Scottish Ministers.)
Number of section 11 Orders per year (under 6 days)
70
60
50
40
30
20
10
0
2005/06 2006/07 2007/08 2008/09 2009/10 2010/11 2011/12 2012/13 2013/14
In 2013/14, 6 of the 38 section 11 Orders for under 6 days included core paths, of
which 3 had alternatives to the core paths provided.
Number of section 11 Order per year (6 days and over)
4
3
2
1
0
2005/06
2006/07
2007/08
2008/09
2009/10
2010/11
2011/12
2012/13
2013/14
In 2013/14, for section 11 Orders for 6 days and over no core paths were involved.
Section 14 notices under Land Reform (Scotland) Act 2003
(where the access authority has served written notice on the land owner requiring
remedial action where obstructions must be removed.)
Number of section 14 notices served to remove
obstructions per year
10
8
6
4
2
0
2005/06 2006/07 2007/08 2008/09 2009/10 2010/11 2011/12 2012/13 2013/14
The landowner can appeal such a notice to the sheriff court. In 2013/14, 1 section
14 notice was appealed to the sheriff court, while the other 3 were satisfactorily
resolved.
Section 21 path agreements under Land Reform (Scotland) Act 2003
(when the access authority wants to enter into agreement on for example the
maintenance or creation of a path, sometimes involving a fee.)
Number of section 21 path agreements per year
20
18
16
14
12
10
8
6
4
2
0
2005/06 2006/07 2007/08 2008/09 2009/10 2010/11 2011/12 2012/13 2013/14
Expenditure on paths capital works
This is the total capital expenditure on path infrastructure works, undertaken by the
access authority during the monitoring period (under section 15 or other powers).
Capital works include:
 new paths, and
 upgrades to existing paths.
Work may include surveys and specifications, drainage, path surfacing, access
infrastructure (like gates and bridges), signposts / waymarkers and landscaping.
Emergency works may be included under capital eg. major repairs to path required
as a result of flood damage.
Paths capital funding from other sources
This records the total amount of external funds, irrespective of sources, which have
added to capital expenditure by the access authority during the period.
20
Total access authority capital expenditure on paths (£m)
18
Matched capital funding for paths (£m)
16
Capital funding from other sources related to paths (£m)
14
12
10
8
6
4
2
0
2005/06
2006/07
2007/08
2008/09
2009/10
2010/11
2011/12
2012/13
2013/14
In 2013/14, 64% of the access authority expenditure, and 86% of the funding from
other sources, was spent on core paths.
Note: For 2013/14 the monitoring question was reworded, asking for funding from all
other sources rather than just “matched” funding. This should be considered as a
new time series starting in 2013/2014.
Maintenance expenditure on paths
This shows the expenditure by the access authority on maintaining paths and path
infrastructure. Maintenance works on paths would include spend on routine
maintenance tasks which keep a new or established path in a fit condition for use eg. clearing blocked drains, litter collection, repairs to surface, signs and furniture, or
strimming verges and overhanging vegetation.
Maintenance
expenditure on core
paths (£m)
Maintenance
expenditure on non-core
paths (£m)
2
1
0
2005/06 2006/07 2007/08 2008/09 2009/10 2010/11 2011/12 2012/13 2013/14
Access officer posts
This records the number of full-time equivalents in the access officer post in the
access authority.
Number of access officers
80
70
60
50
40
30
20
10
0
2005/06 2006/07 2007/08 2008/09 2009/10 2010/11 2011/12 2012/13 2013/14
Further explanatory notes (relating to full monitoring report)
Please note: Part 1 of the Land Reform (Scotland) Act 2003 came into force on 9
February 2005. All data for 2005/06 relates to the period 9 February 2005 to 31
March 2006. All other years’ data relates to the relevant financial year.
Section 15 notices
These relate to safety where the access authority has served written notice on the
land owner requiring remedial action where people exercising access rights are likely
to be injured, for example on barbed wire or an electric fence.
Section 23 notices
These relate to ploughing offences where the local authority has given notice to a
land owner of their intention to take action to re-establish a ploughed route.
Section 16 land purchases
These are where the access authority deems it necessary or expedient to acquire
land in order to enable or facilitate full enjoyment of access rights, and makes an
agreement to do this. The access authority may also acquire land compulsorily with
the consent of Scottish Ministers.
Section 22 path orders
These are for situations where the access authority finds it impractical to reach a
path agreement under section 21, and the path is delineated by Order.
Judicial Determinations
This records the number of decisions made by the local sheriff for the access
authority area or the Court of Session under sections 13, 14, 15 and 28 of the Act.
These are judgements on whether access rights apply to land, whether a person is
exercising access rights responsibly, whether a land manager is acting responsibly,
or whether a route is a right of way.
Directorate for Environment and Forestry
Natural Resources Division
Landscape and Involvement with the Natural Environment branch
June 2015