000 01806cab a2200253 4500
001 L129272
008 050407n2005 000 0 eng u
035 _a(Sirsi) u129272
041 _aeng
100 _aFox, Alasdair G
245 _aLet the access taker beware
260 _c2005
490 _aJournal of the Law Society of Scotland
_v50(3) March 2005, 55(1)
520 _aExamines 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.
590 _aIKA150405
650 _aLAND REFORM (SCOTLAND) ACT 2003
650 _aOCCUPIERS` LIABILITY (SCOTLAND) ACT 1960 S2
650 _aSCOTTISH OUTDOOR ACCESS CODE
650 _aHEALTH AND SAFETY AT WORK ETC ACT 1974
650 _aANIMALS (SCOTLAND) ACT 1987
690 _aPROPERTY-RURAL AND NATURAL ASSETS-RURAL AND NATURAL ASSET MANAGEMENT-LAND MANAGEMENT
856 _uhttps://www.legislation.gov.uk/asp/2003/2/contents/enacted
_zView the Land Reform (Scotland) Act 2003 free of charge at www.legislation.gov.uk
942 _n0
999 _c75040
_d75040