Subsection (5) confirms that reference to a "motor vehicle" in subsection (3) should not be regarded as a mechanically propelled vehicle.

Subsection (6) confirms the meaning of "relevant byelaws" used in this section is the same as in section 4.

Section 6: Adjustment of land and conduct excluded from access rights

This section sets out the powers given to the Ministers to make an order modifying sections 4 and 5. Subsection (2) confirms that an order made under subsection (1) can be in general terms or specifically refer to particular areas, locations, or classes of land, or to particular access rights or activities which would come under the right of access. Subsections (3) and (4) confirm that any order cannot be made unless it has been done so by way of a statutory instrument which must be laid before and be approved by a resolution of the Scottish Parliament.

CHAPTER 3 THE SCOTTISH OUTDOOR ACCESS CODE

Section 7: The Scottish Outdoor Access Code

Subsection (1) places a duty on Scottish Natural Heritage to produce a Scottish Outdoor Access Code. This code will set out what constitutes " responsible conduct" by those exercising their right of access and also on the part of landowners.

Subsection (2) places a duty on Scottish Natural Heritage to consult with local authorities and other such bodies as they think appropriate about the proposed Code and then submit it, (with or without) modifications to Ministers.

Subsection (3) clarifies that the Ministers may on receipt of the Scottish Outdoor Access Code for approval, approve it with or without modifications or reject it.

Subsection (4) sets out the position when the Ministers have rejected the proposed Code prepared by SNH, and allows the Ministers to ask SNH to submit a new one for approval or to substitute a Code of their own devising.

Subsections (5) confirms that where Minister have approved the Code, (with or without modifications), or devised one of their own, they must lay the proposed Code before the Scottish Parliament and Scottish Natural Heritage shall not issue the Code unless it has been approved by resolution of Parliament.

Subsection (6) confirms that Ministers will determine the date that the Code will come into operation.

Subsection (7) places a duty on Scottish Natural Heritage and local authorities, on the issue of the Code, to make arrangements necessary to ensure that the Code is adequately publicised.