The Isle of Skye. Terry Marsh
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Access
Walkers in Scotland have always taken access – by custom, tradition or right – over most land and water in Scotland. This is now enshrined in the Land Reform (Scotland) Act 2003, which came into effect in February 2005. The Act tells you where rights of access apply, while the Scottish Outdoor Access Code sets out your responsibilities when exercising your rights. These responsibilities can be summarised as follows:
take responsibility for your own actions
respect the interests of other people
care for the environment.
The sea cliffs of Oronsay (Walk 3.24)
Access rights can be exercised over most land and inland water in Scotland by all non-motorised users, including walkers, cyclists, horse riders and canoeists, providing they do so responsibly. Walkers and others must behave in ways which are compatible with land management needs, and land managers also have reciprocal responsibilities to manage their land to facilitate access, taken either by right, custom or tradition. Local authorities and national park authorities have a duty and the powers to uphold access rights. People may be requested not to take access for certain periods of time when, for example, tree-felling is taking place, or for nature conservation reasons. It is responsible to comply with reasonable requests. Access rights also extend to lightweight, informal camping.
Access rights apply in or on:
hills, mountains and moorland
woods and forests
most urban parks, country parks and other managed open spaces
rivers, lochs, canals and reservoirs
riverbanks, loch shores, beaches and the coastline
land in which crops have not been sown
the margins of fields where crops are growing or have been sown and along the ‘tramlines’ or other tracks which cross the cropped area
grassland, including grass being grown for hay or silage (except when it is at such a late stage of growth that it is likely to be damaged)
fields where there are horses, cattle and other farm animals
all core paths agreed by the local authority
all other paths and tracks where these cross land on which access rights can be exercised
grass sports or playing fields, when not in use, and on land or inland water developed or set out for a recreational purpose, unless the exercise of access rights would interfere with the carrying on of that recreational use
golf courses, but only for crossing them and providing that you do not take access across greens or interfere with any games of golf
bridges, tunnels, causeways, launching sites, groynes, weirs, boulder weirs, embankments of canals and similar waterways, fences, walls or anything designed to facilitate access (such as gates or stiles).
Farmyards are not included in the right of access, but you may still take access through farmyards by rights of way, custom or tradition. Farmers are encouraged to sign alternative routes if they do not want people passing through their farmyard. If you are going through a farmyard, proceed with care and respect the privacy of those living on the farm.
Access rights do not apply to houses or other buildings, or to the immediate surrounding areas including garden ground. Access rights apply to the woodland and grassland areas within the ‘policies’ of large estates, but not to the mown lawns near the house.
The above does not purport to represent a complete statement of the law as it applies in Scotland, and is no substitute for a comprehensive understanding of the situation. However, it is an outline indication of the rights of access as they apply in Scotland.
For more information and to download a copy of the Scottish Outdoor Access Code, see www.outdooraccess-scotland.com or www.ramblers.org.uk/scotland.
ABOUT DOGS
Dogs must be kept under proper control, and should not be taken into any field with young animals in it, or into fields of vegetables or fruit unless there is a clear path.
There is concern among sheep farmers on Skye about the presence of dogs. With increasing frequency you encounter notices that ask you to keep your dog on a lead, or under close control. There is always a good reason for doing so, usually because the walk covers ground close by sea cliffs that is grazed by free-roaming sheep, and over which startled sheep might fall. It is advisable, not to mention considerate, to keep your dog on a lead at all times.
Safety
The fundamentals of safety in the hills should be known by everyone heading for Skye intent on walking, but no apology is made for reiterating some basic dos and don’ts.
Always take the basic minimum kit with you: sturdy boots, warm, windproof clothing, waterproofs (including overtrousers), hat or balaclava, gloves or mittens, spare clothing, maps, compass, whistle, survival bag, emergency rations, first aid kit, food and drink for the day, head torch – all carried in a suitable rucksack.
Let someone know where you are going.
Learn to use a map and compass effectively, and don’t venture into hazardous terrain until you can.
Make sure you know how to get a local weather forecast.
Know basic first aid – your knowledge could save a life.
Plan your route according to your ability, and be honest about your ability and expertise.
Never be afraid to turn back.
Be aware of your surroundings – keep an eye on the weather, your companions, and other people.
Take extra care during descent.
Be winter-wise – snow lingers in the Cuillin corries well into summer. If snow lies across or near your intended route, take an ice axe (and know how to use it properly).
Have some idea of emergency procedures. As a minimum you should know how to call out a mountain rescue team (Dial 999), and, from any point in your walk, know the quickest way to a telephone. You should also know something of the causes, treatment and ways of avoiding mountain hypothermia.
Respect the mountain environment – be conservation minded.