in message <[email hidden]>,
(') said:Just back from a cycle ride around the Green and this Parkie grabs me
and says..
"You'll have to cycle out of here. Public Access way, you cannae cycle
in here"
I just ignored him and continued cycling on as he was obviously at it.
Can you cycle there?
Thank you.
Land Reform (Scotland) Act 2003
1 Access rights
(1) Everyone has the statutory rights established by this Part of
this Act.
(2) Those rights (in this Part of this Act called "access
rights"😉 are-
(a) the right to be, for any of the purposes set out in
subsection (3) below, on land; and
(b) the right to cross land.
....
6 Land over which access rights not exercisable
(1) The land in respect of which access rights are not exercisable is
land-
....
(d) to which public access is, by or under any enactment other than
this Act, prohibited, excluded or restricted;
....
(j) which has been specified in an order under section 11 or in
byelaws under section 12 below as land in respect of which
access rights are not exercisable.
Nothing else in the Land Reform Act prevents crossing Glasgow Green. So
unless there is a specific Act of Parliament applying to Glasgow Green
or a specific byelaw relating to Glasgow Green and conforming with
section 12 of the LRA, you can cycle. And note that if there's a
customary right of way across Glasgow Green (which there most certainly
is) then under section 12(3)(a) the Land Reform Act trumps any byelaw.
So I would carry on cycling, and if the parkie stops you again, threaten
the Council with, erm, the Council. Who have a duty under the act to
protect your access rights, by, if necessary, prosecuting anyone who
seeks to limit them.
--
[email hidden] (Simon Brooke) http://www.jasmine.org.uk/~simon/
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