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Outdoor Access Legislation
The Land Reform (Scotland) Act 2003| provides everyone with statutory access rights to most land and inland water for walking, cycling, horse-riding and non-motorised water based activities. These rights are only available if they are exercised responsibly: by respecting people's privacy, safety, livelihoods and the environment. Equally land managers are also required to manage their land and in-land water responsibly in relation to access rights. These access rights and responsibilities are explained in the Scottish Outdoor Access Code |(SOAC).
A short information leaflet| (pdf 250KB) about the Code has been produced by Scottish Natural Heritage.
Section 11 Orders
Section 11 of the Land Reform (Scotland)Act 2003 provides a mechanism for local authorities, whether on application from third parties or at their own initiative, to exempt a particular area of land from access rights for a particular purpose and for a short period of time. The powers are intended to address a number of situations, which range from small events such as local village fetes, to agricultural shows and larger more organised events such as the golf Ryder Cup.
The Council adopted the Policy on Section 11 Orders| (pdf 50KB)on 4th May 2005. All applications must be lodged with North Ayrshire Council and applicants are required to complete the Short-term Access Rights Exemption Orders application form.| (pdf 75KB) The Council will consult the owner of the affected land on the proposed Order and any Order which excludes land for six days or more will require public consultation and Ministerial confirmation. All Orders granted will be notified to the public and an Order has effect for a maximum of two years unless re-enacted.
All applications should be received in advance of the recommended minimum periods highlighted in the Policy to enable processing. Applicants should note that the application process will be subject to an administration fee, which are highlighted in Appendix A of the Policy. This charge covers the administration of the application and the cost of the Public Notice(s) required under the terms of the Act. The guidance notes for the completion of applications are provided in Appendix B of the Policy.
Further guidance is available in the Section 11 Exemption Orders leaflet.| (pdf 114KB)