Core Path Plan Amendment under the Land Reform (Scotland) Act 2003 – Gartmore House v LLTNPA (case comment)

The right of responsible access that was introduced by Part 1 of the Land Reform (Scotland) Act 2003 is now suitably ensconced in Scots law. Since it came into force in 2005, the 2003 Act – all statutory references are to that statute unless otherwise stated – has afforded outdoor access to those crossing land or seeking recreational, educational and even some commercial opportunities (in accordance with section 1), subject to such activity being undertaken on a responsible basis (section 2) and in a place that is not excluded from the scope of the legislation (section 6). Where land is subject to access rights, owners and other occupiers of land must in turn manage that land in a manner that is responsible; that is to say, sympathetic to the possibility of access (section 3). Local authorities or, where relevant, national park authorities – which can together be termed "access authorities" – have certain duties and powers in relation to access rights in their respective areas, not least to champion them (section 13) and serve enforcement notices on land managers who act in a way that stymies access (section 14).