As things stand at present core paths cannot be temporarily closed. A clause in Scotland’s access legislation means that while there is a procedure to allow access rights to be temporarily suspended over an area of ground where they would normally apply, this procedure does not extend to ground which is designated as a core path.
Following lengthy discussion of the issue at a number of National Access Forum meetings, the Scottish Government has drafted a Modification Order which, if approved, will mean that core paths can be caught by the temporary exclusion provisions. A temporary exclusion is normally used where an event is taking place on an area of ground that would ordinarily be within access rights.
Scottish Land & Estates is supportive of the proposed Modification Order. A member briefing note on the consultation, along with our draft response can be found here.
The Scottish Government consultation ends on 11th January 2012. Scottish Land & Estates will submit a response just prior to the Christmas break.