2.6 Access Code

Access legislation

As a woodland activity leader it is important to have a general understanding of access legislation within the UK.  This is due in part to there being different rights and responsibilities for users of the outdoors in Scotland and the rest of the UK.

Access legislation within the UK is defined by two Acts that enshrine the rights of countryside users. These Acts identify amongst others the right to access of the open countryside. This is something that leaders should be familiar with when session planning, as this may affect what areas can be used, when they can be used and what can activities can be undertaken.   There are two major Acts that determine access rights in the UK, these are:

• Countryside and Rights of Way Act (2000) – England and Wales,  gives a public right of access to land mapped as ‘open country’
• Land Reform Act (2003) – Scotland only, giving a right to responsible public access to the land and countryside

England and Wales

Natural England have produced guideline for the CROW Act, the following is a summary of these:

Under the Countryside and Rights of Way Act 2000 (CROW), the public can walk freely on mapped areas of mountain, moor, heath, downland and registered common land without having to stick to paths.

The new right under the Countryside and Rights of Way Act 2000 (CROW) covers most recreational activities carried out on foot, including walking, sightseeing, bird watching, climbing and running, but there is no new entitlement to ride a horse, a bicycle or camp, use a metal detector, take part in organised games or commercial activities; or remove anything from the area – including stones, fallen wood or plants.

The new right of open access does not include camping, cycling, horse riding or driving a vehicle (except mobility scooters and buggies), but where these activities already take place, or given under previous Acts, they are unaffected. Access land open under CROW is for walkers but does not prevent people carrying out other activities with the landowner’s consent or where permitted by law. 

Knowing where to go

Land to which the new right of access applies, is land that has been mapped under CROW as mountain, moor, heath, down and registered common land. Find out where CROW access land is on the CROW access maps.

Landowners may dedicate other areas of land for permanent open access; for example, the Forestry Commission have dedicated over 180,000 hectares (700 square miles).

Closures and restrictions

Farmers and landowners have the discretion to suspend or restrict the new access right for up to 28 days each year, for any reason. They may also apply for additional restrictions or closures, where necessary for land management, safety or fire prevention reasons. Whenever possible, restrictions and closures will be shown on CROW access maps and will be reinforced by local signs.

Natural England has also produced a guidance regarding rights and responsibilities, which can be found at: https://www.gov.uk/guidance/open-access-land-management-rights-and-responsibilities

In Wales, Natural Resources Wales (formally CCW) provides information on access rights under the CROW act. The information is similar to that of the summary above and does not need repeating. In addition to this NRW are currently reviewing maps of ‘Open country and registered common land’ in Wales due to their statutory requirement to do this every 10 years.  A new conclusive map will be published in September 2014.

The countryside code

Many will be familiar with the countryside code; this code applies to all parts of the outdoors and is a simple set of ‘common sense’ guidelines for those using the outdoors. In summary:

• Be safe – plan ahead and follow any signs
• Leave gates and property as you find them
• Protect plants and animals, and take your litter home
• Keep your dog under close control
• Consider other people

 Further Details of the Countryside Code, education resources, and translations into Welsh can be found at https://llyw.cymru/mynediad-i-gefn-gwlad

Scotland

In Scotland the main access legislation is the Scottish Outdoor Access code, under the land reform (Scotland) act 2003. The code can be summarised as:

Everyone can enjoy Scotland’s outdoor access rights. In summary, some of the main features of the Land Reform (Scotland) Act 2003 are:

• Everyone has the statutory right of access
• Access rights apply to all land and inland waters, unless excluded (as below)
• Access rights are for outdoor recreation, for crossing land and water, and for some educational and commercial purposes
• Exercising access rights, and managing access land, must be done responsibly.

Know the Code before you go…

Enjoy Scotland’s outdoors responsibly! Everyone has the right to be on most land and inland water providing they act responsibly.  Your access rights and responsibilities are explained fully in the Scottish Outdoor Access Code.

Whether you’re in the outdoors or managing the outdoors, the key things are to:

• Take responsibility for your own actions
• Respect the interest of other people
• Care for the environment

Find out more by visiting www.outdooraccess-scotland.com or phoning your local Scottish Natural Heritage office.

Northern Ireland

The Northern Ireland Countryside Access and Activities Network is an umbrella organisation which brings together groups and bodies with an interest or involvement in countryside recreation in Northern Ireland.

Their website https://www.sportni.org/what_we_do/community/countryside.html has current information on access issues, and the Northern Ireland Country Code.