The Scottish Government

Monitoring of Access Authorities

Monitoring of Access Authorities

The Scottish Government has established a monitoring regime to collect information from all access authorities on their progress and expenditure under Part 1 of the Land Reform (Scotland) Act 2003.

The Scottish Government is now making available the results from the first six rounds of monitoring. The questions are divided into three sections, relating to general questions about access functions, the use of statutory powers, and expenditure.

First round

Answers to sections 1 and 2 were recorded in the first round of monitoring covering the period 9 February 2005 to 30 September 2005 and are published here on worksheet "30.9.05".

Second round

The second round of monitoring included sections 1 and 2 to cover the period 1 October 2005 to 31 March 2006, and also section 3 on expenditure, to cover the financial year from 1 April 2005 to 31 March 2006. Data from the second round is published here on worksheet "31.3.06".

Worksheet "Total to Date 31.3.06" is the total figure for each question added up over the first two rounds. Please note that on this worksheet those items in column B that are in brackets are those items that are not cumulative totals.

Third round

Answers to sections 1 and 2 were recorded in the third round of monitoring covering the period 1 April 2006 to 30 September 2006 and are published here on worksheet "30.9.06".

Worksheet "Total to Date 30.9.06" is the total figure for questions 1 to 12 added up over the first three rounds. Please note that on this worksheet those items in column B that are in brackets are those items that are not cumulative totals.

Fourth round

The fourth round of monitoring included sections 1 and 2 to cover the period 1 October 2006 to 31 March 2007, and also section 3 on expenditure, to cover the financial year from 1 April 2006 to 31 March 2007. Data from the fourth round is published here on worksheet "31.3.07".

Worksheet "Total to Date 31.3.07" is the total figure for each question added up over the first four rounds. Please note that on this worksheet those items in column B that are in brackets are those items that are not cumulative totals.

Fifth round

The fifth round of monitoring included all sections to cover the period from 1 April 2007 to 31 March 2008. Data from the fifth round is published here on worksheet "31.3.08".

Worksheet "Total to Date 31.3.08" is the total figure for each question added up over the first five rounds. Please note that on this worksheet those items in column B that are in brackets are those items that are not cumulative totals.

Sixth round

The sixth round of monitoring included all sections to cover the period from 1 April 2008 to 31 March 2009. Data from the sixth round is published here on worksheet "31.3.09".

Worksheet "Total to Date 31.3.09" is the total figure for each question added up over the first six rounds. Please note that on this worksheet those items in column B that are in brackets are those items that are not cumulative totals.

Section 1

Question 1 asks how many meetings there have been of the access authority's local access forum. Local access forums, including representatives of land managers and recreation interests, have been established to help resolve disputes about the new access rights.

Question 2 deals with outdoor access strategies. Outdoor access strategies are a partnership document involving public consultation which provide a strategic basis to action priorities in the development of outdoor access. Question 2a asks whether the authority has an outdoor access strategy or if one is in preparation. This question was not asked in the fifth and sixth rounds. 2b asks when the outdoor access strategy was adopted or is expected to be adopted, and 2c asks when it will be reviewed.

Question 3 asks for the total length of all paths and tracks signposted or waymarked for non-motorised access in the access authority area. At present this is an approximate figure until more accurate figures are available.

Question 4 asks about core paths plans. 4a, b and c ask for the dates of the start of informal and formal consultations on core paths plans, and the expected date for adoption of the core paths plan. In the sixth round it only recorded the date of adoption of the plan. The Land Reform (Scotland) Act 2003 requires all access authorities to begin their final draft consultation process during the first quarter of 2008. Although a number of access authorities are running behind schedule and are at various stages of the consultation process, the majority have either adopted their plan, completed their formal consultations and are in resolution stage, or are currently involved in the consultation process.

Core path networks must be sufficient for giving the public reasonable access throughout access authority areas. Where appropriate it is anticipated that core paths will link up with other path networks to improve access. The core paths network will facilitate members of the public in exercising their rights to access land. Core paths are also an important means of managing access and of promoting access to a broader public. Core paths networks should as far as possible provide for the needs of all types of user, including walking, cycling, horse-riding and water sports. They should also generally be accessible to the disabled, except where physical terrain prevents this.

Question 5 does not apply until core paths plans have been adopted. It asks for lengths of core paths, signposted core paths and core paths maintained by the access authority.

Section 2

Question 6 asks for the number of Orders made by the access authority under section 11 of the Act that have exempted land from access rights for less than 6 days. On the database, figures are also recorded for the number of section 11 Orders for periods of 6 days or more. Orders for 6 days or more require confirmation by Ministers.

Question 7a refers to obstructions and the number of written notices that the access authority has served on land owners under section 14 of the Act requiring remedial action where obstructions must be removed.

Question 7b refers to safety and the number of written notices that the access authority has served on land owners under section 15 of the Act requiring remedial action where people exercising access rights are likely to be injured, for example on barbed wire or an electric fence.

Question 8 refers to ploughing offences under section 23 of the Act, and the number of times the local authority has given notice to a land owner of their intention to take action to re-establish a ploughed route.

Question 9 asks for the number of land purchase agreements under section 16 of the Act. This is where the access authority deems it necessary or expedient to acquire land in order to enable or facilitate full enjoyment of access rights, and makes an agreement to do this.

Question 10 asks for the number of land purchase Orders under section 16 of the Act.
These are Compulsory Purchase Orders and must first obtain the consent of Scottish Ministers.

Question 11a asks for the number of new path agreements concluded under section 21 of the Act. These are used when the access authority wants to enter into agreement on for example the maintenance or creation of a path, sometimes involving a fee.

Question 11b refers to the number of new path Orders under section 22 of the Act. This is for situations where it is impractical to reach a path agreement, and the path is delineated by Order. A Scottish Statutory Instrument setting out the form of such Path Orders was approved by the Scottish Parliament in March 2007.

Question 12 refers to judicial determinations and the number of decisions made by the local sheriff for the access authority area under sections 13, 14, 15 and 28 of the Act. These are judgements on whether access rights apply to land, whether a person is exercising access rights responsibly, whether a land manager is acting responsibly, or whether a route is a right of way.

Question 13 asks for contact details and is not on the form.

Section 3

Question 14a refers to the total figure for all capital expenditure on path infrastructure works which have been undertaken by the access authority during the monitoring period under section 15 or other powers (including capital costs of core paths - see question 16a below). Capital works on paths could include spend on creating a new path or upgrading an existing one to bring it into a fit condition for uses relating to the Act. Examples of this would include a specification survey, installing drainage, path surfacing, access infrastructure (gates, bridges, etc.), signposts and waymarkers and related landscaping. Costs recorded under 14a would exclude any matching funds to be shown in 14b. Emergency works may be included under capital eg. major repairs to path required as a result of flood damage.

Question 14b asks for the total amount of matching funds, irrespective of sources, which have accompanied such capital expenditure by the access authority during the period.

Question 14c asks for the total figure for the expenditure by the access authority on maintaining paths and path infrastructure (including any maintenance costs on core paths - see q. 16b below). Maintenance works on paths would include spend on routine maintenance tasks which keep a new or established path in a fit condition for use - eg. clearing blocked drains, litter collection, repairs to surface, signs and furniture, or strimming verges and overhanging vegetation.

Question 15a refers to the number of cases and total expenditure by the access authority on removing signs or taking other remedial action to uphold access under section 14 of the Act, after a land owner has failed to comply with a written notice issued under that section (see question 7a), or on taking action to remove the risk of injury under section 15 of the Act, after a land owner has failed to comply with a written notice issued under that section (see question 7b). These costs are recoverable from the land owner under section 14(3).

Question 15b refers to the number of cases and total expenditure by the access authority on taking action to reinstate ploughed routes under section 23 of the Act, after giving the land owner notice of their intention to do so (see question 8). These costs are recoverable from the land owner under 23(4)(b).

Question 16a does not apply until core path plans have been adopted. It asks for the capital expenditure on core paths infrastructure for the whole financial year, both before and after adoption of the core paths plan. This is a sub-component within the overall figure given in answer to question 14a, and will relate to the same types of work.

Question 16b does not apply until core path plans have been adopted. It refers to any expenditure by the access authority on maintenance works on core paths, for the whole financial year, both before and after adoption of the core paths plan. This is a sub-component within the overall figure given in answer to question 14c, and will relate to the same types of work.

Question 17a asks for the number of full-time and part-time access officer posts, and the number of full-time equivalents.

Question 17b records the total figure to include salary and associated employment costs (such as NIC contributions, mileage costs) of the staff shown under 17a.

Data on ranger posts is then included. For the local authorities, this is the number of posts awarded grant by Scottish Natural Heritage.

Question 18 records total running costs for each local access forum established by the access authority. These figures include as appropriate costs of administrative support, room hire, allowances, etc. directly incurred in running the local access forum, but exclude staff costs recorded under question 17b.

Question 19 asks for a total figure for expenditure on publicising the Scottish Outdoor Access Code, to include as appropriate costs of printing, distribution, etc. If publicised in conjunction with other promotional events, this would be a proportionate estimate.

Question 20 records any other costs relating to the Act, with a note of the general nature of these costs.

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