Let the access taker beware
Fox, Alasdair G
Let the access taker beware - 2005 - Journal of the Law Society of Scotland 50(3) March 2005, 55(1) .
Examines the issue of increased occupier or land manager liability in the context of the statutory right of access to land enacted by the Land Reform (Scotland) Act 2003 Part I, which came into force on 9 February 2005. Is of the view that this has not significantly increased the risk of claims for injury from persons entering the property nor the likelihood of higher compensation rates being awarded because of it. The duty of care principle embodied in the Occupiers' Liability (Scotland) Act 1960 s2(1) still applies. Suggests that the duty of landowners to the public is a passive rather than active one. Looks to the Scottish Outdoor Access Code for evidence as to the standard of care required of land managers. Advises land managers not to forget other statutory responsibilities under the Health and Safety at Work Act 1974 s3(1) and the Animals (Scotland) Act 1987.
LAND REFORM (SCOTLAND) ACT 2003
OCCUPIERS` LIABILITY (SCOTLAND) ACT 1960 S2
SCOTTISH OUTDOOR ACCESS CODE
HEALTH AND SAFETY AT WORK ETC ACT 1974
ANIMALS (SCOTLAND) ACT 1987
Let the access taker beware - 2005 - Journal of the Law Society of Scotland 50(3) March 2005, 55(1) .
Examines the issue of increased occupier or land manager liability in the context of the statutory right of access to land enacted by the Land Reform (Scotland) Act 2003 Part I, which came into force on 9 February 2005. Is of the view that this has not significantly increased the risk of claims for injury from persons entering the property nor the likelihood of higher compensation rates being awarded because of it. The duty of care principle embodied in the Occupiers' Liability (Scotland) Act 1960 s2(1) still applies. Suggests that the duty of landowners to the public is a passive rather than active one. Looks to the Scottish Outdoor Access Code for evidence as to the standard of care required of land managers. Advises land managers not to forget other statutory responsibilities under the Health and Safety at Work Act 1974 s3(1) and the Animals (Scotland) Act 1987.
LAND REFORM (SCOTLAND) ACT 2003
OCCUPIERS` LIABILITY (SCOTLAND) ACT 1960 S2
SCOTTISH OUTDOOR ACCESS CODE
HEALTH AND SAFETY AT WORK ETC ACT 1974
ANIMALS (SCOTLAND) ACT 1987