Whether it will consider introducing subordinate legislation under the Land Reform (Scotland) Act 2003 to deter open fires in the countrysi…

We do not consider that there is a need for further legislation to deter open fires in the countryside. The emphasis of Part 1 of the Land Reform (Scotland) Act 2003 is that a person has access rights only if they are exercised responsibly. Section 2 of the act provides that in determining whether access rights are being exercised responsibly a person is to be presumed to be exercising access rights responsibly if they are exercised so as not to cause unreasonable interference with any of the rights, (whether access rights, rights associated with the ownership of land or any other) of any person.In determining whether a person is deemed not to be exercising access rights responsibly, regard is to be had to whether that person has disregarded the guidance on responsible conduct set out in the Access Code to be drawn up by Scottish Natural Heritage (SNH) and incumbent on persons exercising access rights. The Access Code will address the issue of open fires. SNH are currently consulting on a draft code and the consultation closes on 30 June. Further to this, under section 12 of the act local authorities may, in relation to land in respect of which access rights are exercisable, make byelaws. These byelaw making powers will be able to address such issues as the lighting of open fires in the countryside.