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-   -   Scottish Outdoor Access Code (http://www.fitnessbanter.com/showthread.php?t=15023)

druidh January 21st 04 02:58 PM

Scottish Outdoor Access Code
 
Proposed code is published today. You can read it at
www.snh.org.uk/soac. For those NOT in Scotland - read it and weep!


druidh

Tim Downie January 21st 04 03:15 PM

Scottish Outdoor Access Code
 
druidh wrote:
Proposed code is published today. You can read it at
www.snh.org.uk/soac. For those NOT in Scotland - read it and weep!


When it comes to public rights of way I have to say that I think the
situation in Scotland is miserable. Only 1% are declared legal by the
courts and the rest are in a legal limbo.

Whilst a general presumed right of access might seem better, I'd love to see
all rights of ways in Scotland validated by the courts and recorded by the
OS on scottish maps.

Tim

--
Remove the obvious to reply by email.


Bernard Hill January 21st 04 05:17 PM

Scottish Outdoor Access Code
 
In article , Tim Downie
writes
druidh wrote:
Proposed code is published today. You can read it at
www.snh.org.uk/soac. For those NOT in Scotland - read it and weep!


When it comes to public rights of way I have to say that I think the
situation in Scotland is miserable. Only 1% are declared legal by the
courts and the rest are in a legal limbo.

Whilst a general presumed right of access might seem better, I'd love to see
all rights of ways in Scotland validated by the courts and recorded by the
OS on scottish maps.


Why?


Bernard Hill
Selkirk, Scotland


Craven Birds January 21st 04 06:52 PM

Scottish Outdoor Access Code
 

"druidh" wrote in message
om...
Proposed code is published today. You can read it at
www.snh.org.uk/soac. For those NOT in Scotland - read it and weep!


Why weep? Haven't read the proposals yet! But what's the difference in the
legistlation regarding those living in Scotland and visitors?

Confused :-(

CB

--
Craven Birds

Bird sightings based around 'Craven' Skipton, North Yorks.
http://cravenbirds.mysite.freeserve.com/
http://mysite.freeserve.com/cravenbirds



Duncan Gray January 21st 04 07:15 PM

Scottish Outdoor Access Code
 
"Tim Downie" wrote in message
...
druidh wrote:
Proposed code is published today. You can read it at
www.snh.org.uk/soac. For those NOT in Scotland - read it and weep!


When it comes to public rights of way I have to say that I think the
situation in Scotland is miserable. Only 1% are declared legal by the
courts and the rest are in a legal limbo.

Whilst a general presumed right of access might seem better, I'd love to

see
all rights of ways in Scotland validated by the courts and recorded by the
OS on scottish maps.


The version of the Scottish Outdoor Access Code published today represents
the final stage of the process to enshrine the right of access to almost all
land in Scotland. This is considerably better than having these rights
restricted to narrow rights of way which, in a Scottish context are almost
pointless.

For anyone who hasn't been paying attention, the original proposals for the
new law were published by the Scottish Executive during the momentous last
week of February 2001. (I won't bring back the pain by reminding you all
what else was momentous about that and the following weeks.) The original
proposals were pretty bad, and a huge response from the public to the
consultation, allied to the GOMLs shooting themselves in the foot, led to a
much improved draft which was finally passed into law by parliament, almost
a year ago today.

The final stage before the access rights contained in the bill come into
force is tthe formulation of the Scottish Outdoor Access Code by SNH. The
new version will be submitted to the Scottish Executive who can accept,
reject or amend it, following which it will be debated in parliament and
finally passed.

If everything goes well, the new law could finally be in force by this
summer.

(Did anyone else notice that this week the GOMLs union, the Scottish
Landowners' Federation, decided to rename itself the pithy "Scottish Rural P
roperty and Business Association Ltd". One member in favour of the change
was Patrick Gordon-Duff-Pennington who is quoted as saying "A long name has
never troubled me." )

--
Duncan Gray

homepage - www.duncolm.co.uk
also www.mountaineering-scotland.org.uk
The Mountaineering Council of Scotland



Duncan Gray January 21st 04 07:20 PM

Scottish Outdoor Access Code
 
"Craven Birds" wrote in message
...

"druidh" wrote in message
om...
Proposed code is published today. You can read it at
www.snh.org.uk/soac. For those NOT in Scotland - read it and weep!


Why weep? Haven't read the proposals yet! But what's the difference in

the
legistlation regarding those living in Scotland and visitors?

Confused :-(


They don't

Why didn't we think of that earlier?
;-)

--
Duncan Gray

homepage - www.duncolm.co.uk
also www.mountaineering-scotland.org.uk
The Mountaineering Council of Scotland



Bernie Hughes January 21st 04 09:19 PM

Scottish Outdoor Access Code
 
"Tim Downie" wrote in message
...
When it comes to public rights of way I have to say that I think the
situation in Scotland is miserable. Only 1% are declared legal by the
courts and the rest are in a legal limbo.

Whilst a general presumed right of access might seem better, I'd love to

see
all rights of ways in Scotland validated by the courts and recorded by the
OS on scottish maps.


It would make considerably more sense for the OS to mark land where the de
facto (and very soon de jure) Right to Roam does not apply. It would take a
lot less ink.

--

Bernie
Get back on the wagon to reply..



KRO January 21st 04 09:31 PM

Scottish Outdoor Access Code
 

"druidh"
Proposed code is published today. You can read it at
www.snh.org.uk/soac. For those NOT in Scotland - read it and weep!


I've had a swift look through, and I can't help feeling negative towards
this. There's a lot of woolly definitions, old (unused) laws and what
exactly do they mean by "duty of care", when the first (has there been
one?) trial involving this ludicrous concept goes to court it will prove
very interesting indeed. I'll use common sense and take care of myself,
I don't drop litter or frighten animals, I close gates and only climb
fences
at the posts when I've no alternative. Landowners owe me nothing
except access, they owe the wider world a responsibility to be a
decent custodian of the countryside.
I know, in a perfect world eh? :-)

KRO



KRO January 21st 04 09:44 PM

Scottish Outdoor Access Code
 

"Duncan Gray" wrote in message
The version of the Scottish Outdoor Access Code published today

represents
the final stage of the process to enshrine the right of access to almost

all
land in Scotland. This is considerably better than having these rights
restricted to narrow rights of way which, in a Scottish context are almost
pointless.


Duncan, I've read your post since posting my own reply (the negative one!)
can you explain what the original problem was that required the Access
Code in the first place? I was under the impression that, under the Law,
access was freely available? The problems I've encountered have all been
about vehicle access which I've just accepted as I can (semi) understand
that point. But I've not had anyone say, "You can't go there". I'm not
referring to the foot-and-mouth situation as that was unique. The code is
not published yet, so what problems can be expected right now in Scotland
regarding access? A genuine question as I'm not sure I've got the facts of
this debate.

KRO



Adrian Tupper January 21st 04 09:47 PM

Scottish Outdoor Access Code
 
"Tim Downie" wrote in
:

druidh wrote:
Proposed code is published today. You can read it at
www.snh.org.uk/soac. For those NOT in Scotland - read it and weep!


When it comes to public rights of way I have to say that I think the
situation in Scotland is miserable. Only 1% are declared legal by the
courts and the rest are in a legal limbo.

Whilst a general presumed right of access might seem better, I'd love
to see all rights of ways in Scotland validated by the courts and
recorded by the OS on scottish maps.


I wouldn't. I am worried it would lead to erosion. Even on some
very popular hills there are so many ways to the top that the
pressure is evened out.

--
Adrian


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