In 1998, Scottish Natural Heritage published the document Access to the Countryside for Open-Air Recreation following a request from Government to review current legislation relating to public access to the countryside. When preparing this advice, SNH consulted the Access Forum.
SNH recommended the creation of a statutory right of responsible access for informal recreation and passage backed up by a Code detailing the rights and responsibilities of owners of land, and of those exercising their access rights
In July 1999 the Executive issued the White Paper "Land Reform: Proposals for Legislation " for consultation detailing proposals on both access and community right to buy.
In the meantime Scottish Natural Heritage, in conjunction with the Access Forum prepared the draft of a Code to be known as the Scottish Outdoor Access Code.
The draft Land Reform (Scotland) Bill and the draft Scottish Outdoor Access Code, were published by the Executive for consultation on February 22 2001.
The Bill was introduced into the Scottish Parliament on November 27 2001 and passed by Parliament on January 23 2003. It is now known as the Land Reform (Scotland) Act 2003.
Part 1 of the Act establishes statutory public rights of access to land and inland water for recreational and other purposes and for crossing land and extends some of the provisions for these purposes to rights of way. Part 1 of the Act came into force on 9th February 2005. Parts 2 and 3 of the Act make provisions under which bodies representing rural and crofting communities may buy the land with which those communities have a connection; and for connected purposes.
Following an extensive consultation on a draft of the Code in 2002 SNH submitted the proposed Code to Ministers for approval in January 2003. The draft Code was then laid before and approved by the Scottish Parliament on July 1 2004