CAIRNGORMS NATIONAL PARK AUTHORITY 
Paper 2 7/11/03 
CAIRNGORMS NATIONAL PARK AUTHORITY 
Title: NEW BURDENS UNDER LAND REFORM ACT & 
PROPOSED EXTENSION TO SPEYSIDE WAY LONG 
DISTANCE ROUTE 
Prepared by: KRISTIN SCOTT, SENIOR ACCESS OFFICER 
Purpose 
This paper aims to raise the Board’s awareness of the broad implications of the Land Reform 
(Scotland) Act 2003 for the CNPA and its future role as “access authority” within the National Park 
area. It also seeks the Board’s support for providing assistance to Scottish Natural Heritage (SNH) in 
its preparation of a proposal to submit to Ministers to extend the Speyside Way Long Distance Route 
(LDR). 
Recommendations 
Members are invited to note that: 
• when the Land Reform (Scotland) Act 2003 takes effect next year, the CNPA will have a key 
role in delivering the provisions of Part 1 of the Act within the area of the National Park, 
which concerns primarily the new Rights of Access; 
• the new burdens arising from the Act will have significant resource implications for the 
CNPA in terms of both staffing and other costs; 
• the Speyside Way LDR fulfils three out of four of the stated aims of the National Park and 
provides a high quality recreation facility of both local and national importance from which 
there are derived clear social and economic benefits; 
• a particular issue has arisen with regard to the Speyside Way LDR which presents an 
opportunity for the CNPA to begin to prepare for its new role under the access legislation. 
Members are invited to support CNPA involvement in the mechanism being recommended for taking 
forward the development of a proposal to extend the Speyside Way LDR. 
Executive Summary 
When the Land Reform (Scotland) Act 2003 takes effect next year, the CNPA as “access authority” 
will have a significant role to play in delivering the provisions of Part 1 of the Act within the National 
Park area. This will bring with it both statutory duties and discretionary powers. Together these will 
have considerable resource implications. 
A proposal in principle to extend the Speyside Way Long Distance Route to the south of Aviemore as 
far as Newtonmore was given Ministerial approval in 1997. There is growing public interest in seeing 
progress made towards implementation of the proposed extended route. 
Responsibility for proposing any variation to an established LDR lies with Scottish Natural Heritage. 
Owing to difficulties in arriving at an acceptable route and other priorities of work, SNH is currently 
unable to make any rapid progress with developing a proposal to present to Ministers. In advance of 
assuming its statutory responsibilities under the access legislation, in its ‘enabling’ role, the CNPA 
can help facilitate more rapid progress towards the development of the route extension proposal by 
undertaking to engage someone under contract to do the necessary work. 

CAIRNGORMS NATIONAL PARK AUTHORITY 
Paper 2 7/11/03 
NEW BURDENS UNDER LAND REFORM ACT & PROPOSED 
EXTENSION TO SPEYSIDE WAY LONG DISTANCE ROUTE 
Land Reform (Scotland) Act 2003 
1. The Land Reform (Scotland) Act 2003 received Royal Assent in February 2003. 
Within the meaning of this Act, the Cairngorms National Park Authority will become 
the “access authority” for land that falls within the area of the National Park. When 
the Land Reform Act takes effect, access authorities will have a significant role to 
play in delivering the provisions of Part 1 of the Act, which concerns primarily the 
new “Access Rights”. 
2. The Act conveys a range of new duties and powers to access authorities. Prominent 
among these are specific duties to establish one or more Local Access Forums and to 
compile a Core Paths Plan within three years of the coming into force of the Act. 
There is also a duty to uphold access rights and a duty, shared with SNH, to publicise 
the Scottish Outdoor Access Code. While implementation of the Core Paths Plan is 
not a statutory requirement, access authorities have the power to maintain and 
signpost core paths. There are therefore significant resource implications for the 
CNPA, (both staff and financial costs), in both fulfilling the statutory duties and 
utilising the discretionary powers under the Land Reform (Scotland) Act. A key area 
of work for CNPA access staff is currently to identify and scope the new burdens that 
will fall to the CNPA in due course. This will form the basis of a funding bid to the 
Scottish Executive (to be put to the Finance Committee on 7 November and to the 
Board on 5 December) to secure appropriate resources to fulfil the statutory 
requirements of the Land Reform Act. 
3. Before the Act can take effect, Ministers must approve the Scottish Outdoor Access 
Code and they must also approve a set of guidance, currently being drafted, and 
designed specifically to help access authorities carry out their functions under the 
legislation. While such approvals were expected in about the spring of 2004, there 
are now indications that there could be slippage with the issuing of this guidance, 
resulting in a delay in the Act taking effect. 
Implications of Land Reform Act for Speyside Way LDR 
4. Once the Land Reform Act takes effect, as access authority, the CNPA will be 
responsible for maintaining those parts of the Speyside Way LDR that fall within the 
National Park boundary. Partnership funding for this will be very limited because the 
local authorities will no longer have a statutory responsibility for those sections of the 
LDR that fall within the Park. Furthermore, because of Treasury rules, the CNPA 
will not be eligible to attract the 75% grant-aid which is currently available to local 
authorities to help manage and maintain LDRs. The overall liability of the LDR 
within the National Park is likely to be in excess of £100,000 per annum. This too 
will form part of the funding bid to the Scottish Executive. 
5. An opportunity has arisen for the CNPA to become engaged in its future role in the 
management and maintenance of the LDR and that is to assist SNH with the 
preparation of a proposal to submit to Ministers to extend the route from Aviemore to 
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Paper 2 7/11/03 
Newtonmore. This notion has been mooted for quite some time, but the momentum 
had stalled recently, partly through lack of clarity over future roles and 
responsibilities under the access legislation. In advance of assuming its statutory 
responsibilities, the CNPA now has an opportunity to help develop the LDR route 
extension in partnership with the other key players. Annex 1 provides details of the 
background to the Speyside Way LDR, the proposed extension and a mechanism for 
taking this forward. This initiative is likely to be of considerable local interest and 
Board members will be kept informed of progress. 
Kristin Scott 
29th October 2003 
kristinscott@cairngorms.co.uk 
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CAIRNGORMS NATIONAL PARK AUTHORITY 
Paper 2 Annex 1 7/11/03 
PROPOSED EXTENSION TO SPEYSIDE WAY LONG DISTANCE ROUTE 
Introduction 
1. The Speyside Way Long Distance Route (LDR) was initially designated under the 
provisions of the Countryside (Scotland) Act 1967 by the Secretary of State for 
Scotland in 1979. The first section of the Speyside Way LDR, to run between Spey 
Bay and Ballindalloch, was opened in July 1982. There followed a period of 
stalemate over completion of the route from Ballindalloch to Glenmore (the then 
approved terminal), because of a dispute about ownership of the track-bed of the 
former Strathspey Railway. Further negotiations in the mid 1990s eventually led to a 
variation of the original proposed line of the route. This variation received approval in 
October 1997, and April 2000 saw the route finally completed, 21 years on from the 
date of the original designation, between Buckie and Aviemore. 
2. The Speyside Way LDR is governed by a Minute of Agreement between the Highland 
Council and Moray Council, which confers responsibility for managing the route 
upon Moray Council. The Minute of Agreement also establishes the Speyside Way 
Management Group which is composed of representatives of Moray and Highland 
Councils, Scottish Natural Heritage, MBSE and the Cairngorms Partnership (now the 
Cairngorms National Park Authority) under the Chairmanship of the Moray Council. 
The Management Group is responsible, inter alia, for overseeing the management and 
maintenance of the Speyside Way, in accordance with a Development and 
Management Plan which is agreed between Moray Council, the Management Group 
and SNH. 
Proposed Extension of LDR 
3. There has been, and still is, considerable support and pressure from local communities 
to extend the route south of Aviemore. During the Buckie to Aviemore route 
development, a survey carried out by the Highland Regional Council in 1995 
identified a number of possible options for extending the LDR further south. 
However, it became obvious there were complex issues to be resolved and it was 
decided to shelve the idea meantime in order to meet deadlines for a European 
funding application so as to ensure that the Buckie to Aviemore section could be 
completed. It was agreed that Scottish Natural Heritage (SNH) would look again at 
the possibilities for extending the route once it was complete between Buckie and 
Aviemore. This commitment extends only as far as Newtonmore, the southernmost 
village to meet the criteria for an LDR terminal. The principle of such an extension 
was set out in the paper approved by the Scottish Office in October 1997, and 
confirmed at the opening ceremony of the Ballindalloch to Aviemore section in April 
2000. 
4. In December 2000, SNH started to look again at the options identified in the 1995 
survey and concluded that this could still form the basis for consideration of a route 
extension. A consultation was carried out with landowners and community councils, 
and a number of issues emerged, none of which are judged to be insurmountable. 
However, progress with the proposed LDR extension has been erratic due to a number 
of factors and this has resulted in a degree of frustration expressed by local 
communities in recent weeks, and also in the intervention of Fergus Ewing MSP. 
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Paper 2 Annex 1 7/11/03 
Significance of LDR for the National Park 
5. By definition, the Speyside Way LDR provides a recreation opportunity of national 
significance and quality. It does this by providing a rich, varied and satisfying 
recreation experience, based on the local natural and cultural heritage. The 
management of the Speyside Way LDR is sensitive to the needs of land managers, 
local communities and the natural heritage. The route also generates both social and 
economic benefits for the areas and communities through which it passes. The 
Speyside Way LDR therefore contributes towards three out of the four stated aims of 
the Cairngorms National Park. 
Powers and Duties under the Countryside (Scotland) Act 1967 for Designating and 
Implementing LDR 
6. The Countryside (Scotland) Act 1967 gave the Countryside Commission for Scotland 
the power and duty to identify and propose LDRs, and to promote and part-fund their 
implementation by Local Authorities, following designation by the Secretary of State 
for Scotland. On its creation in 1992, Scottish Natural Heritage (the successor body 
to the Countryside Commission for Scotland) inherited these powers and duties in 
relation to LDRs. Although Scottish Natural Heritage has a statutory, although 
discretionary, role in developing proposals for LDRs for consideration by the First 
Minister of the Scottish Parliament, this responsibility does not extend to 
implementing the proposals. Following designation, Local Authorities have the 
statutory duty to implement such proposals, and to maintain, manage, upgrade and 
promote the resultant LDRs. 
Implications of the Land Reform (Scotland) Act for Implementation of LDR 
7. The implementation of any proposal to extend the Speyside Way LDR within the area 
of the Park will become a statutory duty for the CNPA as access authority. This may 
involve, amongst other things, the negotiation of access agreements with landowners. 
It will also place a burden on the CNPA to assume statutory responsibility for the 
maintenance, management, and promotion of those parts of the LDR within the Park. 
It is envisaged that the present management structure will continue, with the CNPA as 
an additional signatory to the Minute of Agreement. There may also be a requirement 
to review any existing access agreements for the LDR within the National Park to 
ensure compliance with the provisions of the Land Reform Act for access rights. 
Funding Implications of LDR for CNPA 
8. At present SNH can fund Local Authorities, up to a maximum of 75%, towards the 
annual running costs of LDRs. However, SNH is prevented by Treasury rules from 
grant-aiding other Non-Departmental Public Bodies (NDPB). The implication for 
CNPA is that the full cost of maintaining the LDR within the Park boundary will have 
to be bid for and found from CNPA resources. A similar situation arises in the Loch 
Lomond and Trossachs National Park whereby the Park Authority will be responsible 
for funding that element of the West Highland Way that passes through the Park. 
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Paper 2 Annex 1 7/11/03 
9. The Highland Council’s contribution to the route for the next financial year is forecast 
at £24,500 with the supporting contribution from SNH expected to be around 
£43,300. To manage the route to the agreed standards will therefore require a 
contribution from CNPA of approximately £67,800. This will be a year on year ongoing 
commitment. As the proposed extension to the route will lie exclusively within 
the Park, this figure will increase once the final section to Newtonmore has been 
approved. It is not possible to predict the additional costs of an extended LDR at this 
stage, as this will depend on the proposed route. However, based on current figures, 
the Speyside Way costs in the order of £1,600 per mile to operate (this includes 
staffing, vehicles, overheads etc). This is a top figure and could be less, depending on 
how much maintenance is required for any extended route. It is also worth noting that 
the Tomintoul Spur, most of which falls within the National Park, has not yet been 
formally approved by Ministers. The annual cost of managing this section is 
approximately £24,000 per annum and this would also have to be met by CNPA. 
Extending the Route - A Way Forward 
10. Scottish Natural Heritage has discretionary powers under the Countryside (Scotland) 
Act to present formal proposals on LDRs to Ministers, and this would include any 
proposed extension to the Speyside Way LDR. Preliminary work by SNH has 
identified a number of issues which are proving difficult, although not impossible, to 
resolve. Furthermore, SNH has indicated that, because of other priority work, it 
currently does not have the staff resources to make speedy progress with submitting a 
proposal to extend the Speyside Way LDR. SNH remains however, committed to the 
principle of extending the route, and has indicated that it would continue to fit in work 
towards achieving this. This however may not be popular with local communities 
who have expectations for progress to be made in the short term. 
11. To enable more rapid progress to be made, SNH has offered to provide funding this 
financial year to engage someone under contract to help carry out the tasks needed to 
be done to prepare a proposal for Ministerial approval. SNH has however indicated 
that it does not currently have staff resources to manage the project and also that some 
element of match-funding is likely to be needed. 
12. There is considerable merit in extending the route, thereby extending the social and 
economic benefits of the Speyside Way to other communities in Badenoch & 
Strathspey. While SNH remains committed to preparing a case for Ministerial 
approval, further progress will benefit from a focused approach which is not currently 
achievable. Slow progress, or lack of progress, will not be popular with local 
communities. The option of engaging someone under contract to assist with the work, 
with contributions from partner organisations, provides a way forward which will 
help to deliver the stated aim of extending the LDR, and which will also go some way 
towards meeting the expectations of the local communities. 
13. A table showing the key tasks in taking forward the proposed extension is attached as 
Annex 2. It should be noted that it is unlikely that all of the tasks listed in Annex 2 
will be achievable within a four month period, but that at very least it will enable a 
more precise assessment to be made of what needs to be accomplished and how long 
this will take. It is necessary therefore to look beyond the end of the current financial 

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Paper 2 Annex 1 7/11/03 
year in terms of delivery of the tasks leading up to submission of a proposal to the 
Scottish Executive. The need to extend the contract, and how to fund it, would be 
reviewed by the Speyside Way Management Group towards the end of the initial four 
month period. 
14. The costs of engaging someone under contract to carry out the initial tasks listed in 
Annex 2 will be based pro rata on the current costs of employing a Speyside Way 
Ranger. This totals approximately £20,000 per annum (salary £16,866; National 
Insurance £1078; overheads £2,000). It is expected that CNPA and SNH will share 
the main burden of the costs, possibly with contributions from the two Local 
Authorities and other sources as appropriate. 
CNPA ‘Enabling’ Role and Recommendation 
15. Given that SNH is currently unable to make any speedy progress with developing the 
route to the south of Aviemore, this provides an opportunity for the CNPA to help 
facilitate progress with a high-profile project, which would otherwise be slow in 
coming to fruition. It is recommended therefore that the CNPA, in advance of 
assuming its statutory responsibilities under the access legislation, engages someone 
under contract to assist SNH with developing a proposal for an extension of the LDR 
from Aviemore to Newtonmore. This would be under the auspices of, and with 
financial contributions from, the other members of the Management Group. Progress 
with the project would be closely monitored by the Management Group and any need 
to extend the contract beyond the four month period would be the subject to further 
discussion amongst the partners of the Management Group. 
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CAIRNGORMS NATIONAL PARK AUTHORITY 
Paper 2 Annex 2 7/11/03 
PROPOSED EXTENSION TO SPEYSIDE WAY LONG DISTANCE ROUTE 
AVIEMORE TO NEWTONMORE 
1. Familiarise with route options, and history of the project to date. 
PO/SNH 
2. Check out options on ground in consultation with landowners and with SNH. 
PO 
3. Decide on preferred route. 
PO/SNH/CNPA/THC/MC 
4. Consult on preferred route with owners/occupiers, Community Councils, interested 
parties etc 
(Estimate at least 10 owners). Consultation may include a lot of ‘dead time’. 
Community Councils in particular will require a few weeks to consider. 
PO/SWMG/ and CNPA Board members as appropriate 
5. Revise route if necessary. 
PO in consultation with SWMG members 
6. Prepare path specification and cost any new build/improvements in light of responses 
to consultation. Can be doing this during consultation period for sections that are not 
contentious. 
PO/Route Manager/THC 
7. Consider further implications for staffing/maintenance of the route. 
CNPA/THC/MC 
8. Put together funding package. 
PO/SNH 
9. Write proposal. 
PO/SNH 
10. Submit to Scottish Executive for approval. 
SNH 
11. Negotiation of ‘Agreements’ (i.e. access for maintenance, agreement to promote & 
signpost route etc). 
CNPA 
12. Implement route. 
CNPA/Route Staff