Happy National Picnic Month! Across the UK, we have recently experienced some amazing weather, making it a perfect time to grab your tartan travel rugs and tasty titbits and get outdoors. What is fantastic about picnics is that you can have one just about anywhere!
In Scotland, you can picnic on most land thanks to the Land Reform (Scotland) Act 2003. The outdoor access rights conferred in the Act are commonly known as the “Right to Roam”. However, it is often mistakenly thought that this provides everyone with the complete freedom to do as they wish, wherever they decide. In reality, some land is exempt from access rights. Some examples are:
- Land in which crops are growing;
- Land on which there is a house, caravan, tent or other place affording a person privacy or shelter, such as gardens around houses (and common gardens that are restricted to residents, even if they are separate to the house);
- Schools or land used by schools, such as a playground; and
- Sports or playing fields while they are in use (if you will disrupt the activity, like a Golf Course);
The Right to Roam allows the general public to be on or cross land for recreational purposes, and there are many activities which can be classed as ‘recreational’. The Scottish Outdoor Access Code, (which was formed as a result of the 2003 Act) and gives examples of recreational use of land activities such as “pastimes, family and social activities and more active pursuits like horse riding, cycling, wild camping and taking part in events”.
However, when taking part in family and social activities like picnicking, you are required to exercise your access rights responsibly. Some of the main responsibilities contained in the Access Code are:
- To take responsibility for your own actions;
- Respect people’s privacy and peace of mind;
- Keep your dog under proper control; and
- Care for your environment.
Caring for your environment is especially important when picnicking. Please ensure that you take your litter away with you. If you do not, then you may be issued with a fixed penalty notice of £80 (sections 87 and 88 of the Environmental Protection Act 1990), and if your waste is deemed to be flytipping, you could be issued a fixed penalty notice of £200 and, if prosecuted through the Scottish Court Service, be imprisoned or fined up to £40,000 (section 33 of the Environmental Protection Act 1990).
Another relevant part of the Access Code relates to parking your car. The Right to Roam does not extend to motorised activities (except by people with a disability using a vehicle or vessel adapted for their use). So, when using your car to access the outdoors, it is important not to cause any damage or create an obstruction by blocking an entrance to a field or building or damaging a verge. Therefore, please use a car park if one is nearby and have regard for the safety of others.
Equipped with the above information, we would encourage you to get out and celebrate the longer (and hopefully warmer) summer days! For more information about the Land Reform (Scotland) Act or the Scottish Outdoor Access Code, please go to www.outdooraccess-scotland.scot or contact a member of our Land & Rural Business Team on 03330 430350.
