The Land Reform (Scotland) Act 2003 (Modification) Order 2013: guidance for local authorities and national park authorities

Introduction

STATUTORY GUIDANCE:  THE LAND REFORM (SCOTLAND) ACT 2003 (MODIFICATION) ORDER 2013

The Modification Order provides for core paths to be temporarily exempt from access rights where land is already able to be exempt from access rights:

1) because of a notifiable animal disease

or

2) by way of a section 11 order under the Land Reform (Scotland) Act 2003. This is usually brought in connection with events e.g. Commonwealth Games 2014, a golf tournament or car rally.

The accompanying guidance has been prepared under section 27 of the Land Reform (Scotland) Act 2003, which gives Scottish Ministers powers to give guidance to local authorities on the performance of their functions under Part 1 of the Act. The guidance is in two parts reflecting the two different circumstances addressed by the Modification Order:

Part 1:  a notifiable animal disease

Part 2:  a section 11 order

For ease and convenience:

• the exemption of core paths/land from access rights is sometimes referred to as closure.
• references to "local authorities" includes National Park Authorities for the purpose of land which falls within the area of a National Park in Scotland.