Section 3: Access rights and other rules and rights

Subsection (1) clarifies that the exercise of access rights in this Bill does not in itself, constitute trespass.

Subsections (2) and (3) clarify that the access rights in this Bill do not diminish the other existing rights specified within these subsections. Subsections (4) and (5) clarify what the term "access rights" constitutes for the purposes of this Bill in relation to "rights of way" or servitude or "rights of navigation" in any other enactment or rule of law. Access rights under this Bill are not the same as the public's right of passage for the purposes of the definition of "road" under the Roads (Scotland) Act 1984.

Subsection (6) explains that a person exercising access rights under this Bill, is so regarded as "being in a public place" for the purposes of section 53 (obstruction by pedestrians) of the Civic Government (Scotland) Act 1982.

CHAPTER 2 LIMITATIONS ON ACCESS RIGHTS

Section 4: Land over which access rights not exercisable

This section sets out all the categories of land over which the access rights, under this Bill, will not be exercisable

Subsection (1)(a) and (b) confirm that access rights will not extend to land on which there is a building of any kind, or a caravan or tent used by someone affording them privacy or shelter, which forms the "curtilage" of a building in relation to a building which is not a house, or where there is a group of buildings, none of which is a house; or to land which comprises a house or those other places listed in paragraph (a)(ii) sufficient adjacent or associated land to enable persons living there reasonable measures of privacy and undisturbed enjoyment.

Paragraph (c) confirms that public access is denied where access is already denied under any other piece of legislation on the grounds of health and safety or national or public interest.