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CAIRNGORMS NATIONAL PARK AUTHORITY 
Paper 1 Date 07/05/04 

CAIRNGORMS NATIONAL PARK AUTHORITY

Title: IMPLICATIONS OF THE LAND REFORM (SCOTLAND) ACT 
2003, PART 1 - RECOMMENDATIONS FOR THE WAY FORWARD 

Prepared by: KRISTIN SCOTT, SENIOR ACCESS OFFICER 

Purpose 

This paper seeks the Board’s approval for : 

• a programme of work, including six workshops to be held in September 2004 that will 
lead to the establishment of one or more Local Access Forum(s) for the National Park 
in early 2005; 

• the development of an Outdoor Access Strategy for the Cairngorms National Park; 

• a proposed response to the Scottish Executive’s consultation on draft guidance for 
‘access authorities’ under Part 1 of the Land Reform (Scotland) Act 2003. 

This paper also draws the Board’s attention to the establishment of a new (National) Access 
Forum and highlights the implications for the National Park Authority. 

Recommendations 

• Members are asked to consider and agree the proposals put forward by the Access 
Working Group for establishing one or more Local Access Forum(s). 

• Members are asked to consider and agree expenditure of up to £25,000 for the 
preparation of an Outdoor Access Strategy for the Cairngorms National Park. 

• Members are asked approve the proposed response to the Scottish Executive’s draft 
Guidance to ‘access authorities’ on the implementation of Part 1 of the Land Reform 
(Scotland) Act 2003. 

Executive Summary 

This paper is structured in four sections, which are identified A-D, all of which relate to the 
new access legislation. The Access Working Group was asked to report on a mechanism for 
establishing one or more Local Access Forum(s) for the Cairngorms National Park. The 
Group has considered a number of options for taking this forward and Section A identifies a 
mechanism and a timeframe, together with a number of recommendations, for establishing 
one or more Local Access Forum(s). 

Section B concerns the preparation of an Outdoor Access Strategy for the National Park. The 
Scottish Executive recommends that the development of a Core Paths Plan should build on 
existing Outdoor Access Strategies. Currently, parts of four separate Outdoor Access 
Strategies cover the area of the Cairngorms National Park. A recommendation is made for 
the development of a Park-wide vision for the future management and delivery of access, 
based on local needs and aspirations, through an Outdoor Access Strategy for the National 
Park. 

The Scottish Executive consultation on guidance for Local Authorities and National Park 
Authorities on implementation of Part 1 of the Land Reform (Scotland) Act 2003 is coming 
to a close. While the draft guidance is generally helpful, there is scope for further 
clarification and more detailed guidance in places. There are one or two issues which are 
specific to the special circumstances of the CNPA’s shared planning powers. The Board is 
asked to consider the draft CNPA response under Section C. 

Section D informs the CNPA Board that after a public consultation last year, Scottish Natural 
Heritage is convening a new National Access Forum to advise on issues arising from the 
implementation of the access legislation that affect all of Scotland. Membership of the 
National Access Forum will reflect the balance required by the Act, but places on the Forum 
will be limited. Members of the Access Working Group have expressed strong views that 
National Park Authorities should have an opportunity to be represented at this Forum. 

IMPLICATIONS OF THE LAND REFORM (SCOTLAND) ACT 2003, 
PART 1 - RECOMMENDATIONS FOR THE WAY FORWARD 

A. Proposal for Establishing a Local Access Forum
 
1. Under Section 25 of the Land Reform (Scotland) Act 2003, the CNPA is required to 
convene a Local Access Forum (LAF). The main function of the LAF is to advise the 
CNPA on any matter to do with the exercise of access rights, the existence and 
delineation of rights of way and the drawing up and adoption of a Core Paths Plan. 
The LAF will also play a key role in building consensus and helping to resolve 
disputes that may rise through the exercise of access rights. At the last meeting of the 
CNPA Board (12 March, Strathdon), the Access Working Group (AWG) reported on 
progress being made with one of the Group’s key outputs, which is to set out 
proposals for the establishment of one or more Local Access Forum(s). The AWG 
has considered a number of options for taking this forward and has identified a 
mechanism and a timeframe within which to establish a LAF. 

2. The aim is to develop a LAF that is inclusive of all relevant interests. One of the 
major considerations taken into account by the AWG is to ensure that any mechanism 
for establishing a LAF provides equal opportunities for all interested parties to 
participate in the process. The AWG is also keen to ensure that the process itself 
follows the guidance contained in the Paths for All Partnership/SNH publication, 
Local Access Forums - A Guide to Good Practice. The AWG has concluded therefore 
that a series of six workshops should be held later in the year, at a variety of locations 
across the National Park, which will serve both to raise awareness of this important 
forthcoming function for access authorities, and also to seek stakeholders’ views on an 
optimum structure and mechanism for appointments to the LAF. Both the Paths for 
All Partnership and SNH have indicated willingness to help facilitate and participate 
at these workshops. The proposal has also been discussed informally with the four 
constituent local authorities and, in due course, they will be invited to participate. 

3. The workshops will be widely publicised through advertising and by inviting specific 
organisations, interest groups and individuals. The purpose of the workshops will be 
two-fold. Participants will be invited to comment on options for a LAF structure for 
the National Park and also to comment on options for making appointments to the 
LAF. Feedback from these workshops will be evaluated by staff and the Park 
Authority will then take a decision on an optimum LAF structure and appointments 
process, based on a number of principles or criteria. 

4. At this stage it is only appropriate to consider the general principles that should apply 
to LAFs. It is anticipated that these principle will be presented at the workshops to 
provide a basis for discussion about matters of detail. It is suggested that the 
following principles would apply : 

5. The structure of Local Access Forum(s) in the National Park should: 

• reflect the requirements of the Act in terms of a balanced representation, inclusive 
of all relevant interests 

• ensure a consistent and coordinated approach to access issues across the National 
Park 

• strengthen, where possible, the existing structures relating to the management of 
access within the National Park 

• contribute towards effective delivery of access at the local level 

• be cost-effective and practical to administer 

6. The appointments process to Local Access Forum(s) should: 

• be open - opportunities to participate should be widely advertised 

• be transparent - people should be able to understand why decisions about 
appointments were made 

• be inclusive - to ensure equal opportunities for all 

7. A chart plotting the timetable of events that will lead to establishment of the LAF is 
attached as Annex 1. The aim is to hold the first meeting of the LAF in early 2005. 
Members are asked to note the proposed stages, the role of the CNPA Board, and the 
timescale within which a LAF will be established. Members are also invited to 
consider the above criteria and to contribute any further suggestions for inclusion. 

8. The estimated cost of the six workshops is £1,500. This covers the costs of 
advertising through the press and other publicity, hire of venues and refreshments. 

9. Members are asked to agree the proposals for establishing one or more local 
Access Forum(s) as outlined in Annex 1. 

B. Proposal for Developing an Outdoor Access Strategy 

10. Every ‘access authority’ in Scotland is required under Section 17(1) of the Land 
Reform Act to draw up a plan for a system of ‘core paths’ sufficient for the purpose of 
giving the public reasonable access throughout their area. Core paths will enable and 
encourage all members of the public, regardless of their ability, to exercise their 
access rights. Core paths should also contribute to achieving key public policy 
objectives including health, sustainable transport, social inclusion and rural 
regeneration. Each access authority must complete their ‘Core Paths Plan’ within 
three years of the coming into force of Part 1 of the Act (i.e. probably by the end of 
2007). 

11. The Scottish Executive has recently issued draft guidance to access authorities on the 
performance of their duties under the new legislation (see Section C below). Specific 
reference is made in this draft guidance to the value of Outdoor Access Strategies in 
the development of Core Paths Plans, and access authorities are actively encouraged 
to prepare and/or update them. Outdoor Access Strategies provide a framework for all 
non-motorised outdoor travel by people of all ages and abilities using networks of 
paths, open spaces and linkages in and around cities, villages and rural areas. 

12. An Outdoor Access Strategy, while not a requirement of the access legislation, will 
nonetheless help access authorities to carry out several of their new duties. It could 
provide for example, a foundation for the work of the Local Access Forum(s) in 
advising on how the new rights should be exercised, and the Forum(s) can then use 
the strategy to guide its work. An Outdoor Access Strategy could also provide a good 
foundation for progressing the Core Paths Plan, particularly in relation to audits of 
supply and demand, and also for establishing priorities for the provision and 
promotion of facilities. 

13. There is great potential for flexibility in how strategies are developed and presented to 
suit local needs - no one pattern fits all. However, generally speaking, an Outdoor 
Access Strategy starts with an audit of supply and demand (an ‘access audit’) and this 
is followed by the identification of key issues through participatory workshops. The 
next stage is the development of a vision and an action plan, followed by the 
identification of delivery mechanisms. This culminates in a public consultation on a 
draft Outdoor Access Strategy, before the strategy is finalised and adopted. 

14. The Cairngorms National Park provides a challenging context for access issues, not 
least of which is the wide range of players involved in the management and delivery 
of access. Each of the four constituent Local Authorities has already prepared an 
Outdoor Access Strategy although a number of these are now rather dated and require 
review. To some extent these strategies provide guidance for developing local path 
networks and other access-related projects within the National Park. However, their 
piecemeal coverage of the Park, the strong local authority context in which they were 
prepared and, in some cases, the time that has elapsed since their preparation, all 
indicate that they will not provide a suitable basis for developing a coherent, Parkwide 
approach. 

15. It is recommended therefore that the CNPA produces, in conjunction with partners, an 
Outdoor Access Strategy which will provide a vision for the future management and 
delivery of access throughout the Cairngorms National Park, based on an assessment 
of local needs and aspirations. It will also help towards preparing an effective Core 
Paths Plan by creating the context for core paths planning at a local level. It should be 
recognised that the process of preparing an Outdoor Access Strategy is as important as 
the document itself. The process must be inclusive and participatory with the aim of 
both local communities and organisations having a sense of ownership of the strategy. 
An Outdoor Access Strategy for the National Park will take its place within the 
context of other plans and policies, such as the Local Plan and the Park Plan, with 
links to policies on integrated public transport and the National Park’s social inclusion 
agenda. 

16. Members are asked to agree expenditure of up to £25,000 on the preparation of 
an Outdoor Access Strategy for the Cairngorms National Park. This would be to 
deploy consultants to carry out an ‘access audit’ together with a review of existing 
access delivery mechanisms. The consultants would also involve stakeholders in the 
preparation of a consultative draft, and then a final strategy with action plan. 

C. Draft response to Scottish Executive consultation on Guidance to Local 
Authorities and National Park Authorities 

17. In February of this year, the Scottish Executive issued a consultation on draft guidance 
for Local Authorities and National Park Authorities on the performance of their 
functions under Part 1 of the Land Reform (Scotland) Act 2003. The draft guidance is 
aimed at providing access authorities with information to assist them in fulfilling their 
duties, and also in carrying out any of their other functions, under the Act. 

18. CNPA staff in both the Planning and the Visitor Services and Recreation Groups have 
considered the draft guidance and a paper highlighting the key matters arising from 
the draft guidance was discussed by the Access Working Group at its last meeting. 
Members are asked to note that the consultation closes on 7 May but the Scottish 
Executive has agreed to extend the deadline for a further five working days to allow 
the CNPA to consider its response at the May Board meeting. 

19. Members are invited to consider the draft response to the Scottish Executive, 
attached as Annex 2. The significant issues on which we wish to make comment are: 

• The potential for confusion at local level caused by emphasis within the Guidance 
to the duties and powers of ‘local authorities’ under the Act and only notional 
reference to National Park Authorities. 

• The need for more comprehensive guidance, with examples of model documents, 
for some of the key statutory and discretionary functions for access authorities 
under the new legislation. 

• The need for more guidance on an appointments process to Local Access Forums, 
and clarification of the role of the National Access Forum and its relationship to 
Local Access Forums. 

• The need for specific guidance for when the planning authority and the ‘access 
authority’ is not one and the same body (as is the case in Cairngorms National 
Park), to ensure compliance with the requirements of the access legislation. 

20. Board members are asked to consider and approve the response to Scottish Executive. 

D. Establishment of a National Access Forum 

21. Scottish Natural Heritage will be convening a National Access Forum to support the 
implementation of the new rights of access under the Land Reform (Scotland) Act 
2003. SNH has a statutory duty to keep the Scottish Outdoor Access Code under 
review and Ministers have indicated that SNH should convene an Access Forum to 
assist with this task. This Forum will bring together a broad spectrum of organisations 
with an interest in access and the outdoors and fulfil a number of roles, including: 

• advising SNH and other bodies on national issues arising from the implementation 
of the access legislation; 

• advising on the effectiveness of the Scottish Outdoor Access Code, and on work to 
publicise and promote it; 

• advising on best practice in access provision and management; 

• advising on other access-related issues of national importance which relate to the 
responsible enjoyment of the outdoors, and; 

• liasing with Local Access Forums and advising SNH on their consistency in 
dealing with issues arising from the legislation. 

22. The concept of an Access Forum at national level is not new, a similar Forum has 
existed for some years and was fundamental in the successful preparation for the new 
legislation. SNH organised a public consultation last year on the functions, structure 
and membership of the new National Access Forum and held discussions with the preexisting 
Forum on the feedback it received. 

23. The Forum will include equal numbers of bodies representing land management and 
recreation interests, and other bodies with key roles in implementation of the access 
legislation. SNH has decided that it should be a body of 20 to 25 members and that the 
Scottish Executive should attend as an observer. 

24. SNH has proposed that Local Authorities and SNH have critical roles in the 
implementation of the new access rights, and that accordingly both CoSLA and SNH 
should be permanent members of the new Forum. SNH has also undertaken to 
identify, in consultation with the Scottish Executive, three additional public bodies to 
represent key interests on the Forum. To this end, there will be a meeting for all 
relevant public bodies on Wednesday 5 May with the aim of reaching provisional 
agreement on who should sit on the Forum. A representative from the CNPA will 
attend this meeting and contribute to this debate. The strong views of the Access 
Working Group that the National Park Authorities should be represented on the 
Forum will be conveyed at that time. An oral update on the outcome of this meeting 
will be provided at the Board meeting on 7 May. 

25. The first formal meeting of the National Access Forum is planned for Wednesday 26 
May. Members should note that public bodies which do not sit on the Forum can still 
remain closely involved as ‘corresponding’ members and will be sent agendas, papers 
and minutes. There may also be opportunities for more active input through any subgroups 
which the Forum might establish to address specific issues. 

Kristin Scott 
26/04/04 

kristinscott@cairngorms.co.uk