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Land Reform (Scotland) Act 2003

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This is the original version (as it was originally enacted).

1Access rights

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(1)Everyone has the statutory rights established by this Part of this Act.

(2)Those rights (in this Part of this Act called “access rights”) are—

(a)the right to be, for any of the purposes set out in subsection (3) below, on land; and

(b)the right to cross land.

(3)The right set out in subsection (2)(a) above may be exercised only—

(a)for recreational purposes;

(b)for the purposes of carrying on a relevant educational activity; or

(c)for the purposes of carrying on, commercially or for profit, an activity which the person exercising the right could carry on otherwise than commercially or for profit.

(4)The reference—

(a)in subsection (2)(a) above to being on land for any of the purposes set out in subsection (3) above is a reference to—

(i)going into, passing over and remaining on it for any of those purposes and then leaving it; or

(ii)any combination of those;

(b)in subsection (2)(b) above to crossing land is a reference to going into it, passing over it and leaving it all for the purpose of getting from one place outside the land to another such place.

(5)A “relevant educational activity” is, for the purposes of subsection (3) above, an activity which is carried on by a person for the purposes of—

(a)furthering the person’s understanding of natural or cultural heritage; or

(b)enabling or assisting other persons to further their understanding of natural or cultural heritage.

(6)Access rights are exercisable above and below (as well as on) the surface of the land.

(7)The land in respect of which access rights are exercisable is all land except that specified in or under section 6 below.

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