This Access Code will clearly outline what is and what is not responsible behaviour from both those taking access and land managers. A draft version of the code has been published for consultation. There will also be a summary "short code". It is important that the final version of the Code strikes the right balance.

Doubtless some land managers will be pressing for a Code which gives them maximum rights and minimum responsibilities. Therefore it is important that as many paddlers, clubs and individuals with an interest in taking access respond to the draft code by 30 June 03. Responses should be sent to soac-consultation or by post to Bridget Dales, Recreation and Access Group, Scottish Natural Heritage, Battleby, Redgorton, Perth PH1 3EW.

The SCA is currently considering the Code, and would welcome your comments but areas which need clarification include:

• The Code must make clear that the Land Reform Act makes a presumption in favour of access.
• The Code must give equal emphasis to access users and land managers. At present there is a greater emphasis on how access users behave.
• The Code must reflect the clarification given by ministers during the Parliamentary debate which is not explicitly included in the Act. This covers things like fishing beats and grouse moors not being the type of sport facility excluded from the right of access and being able to walk around cropped fields and on unplanted areas within a field of crops e.g on vehicle tracks.
• Where access could be denied because of proximity to a building or passing through a farmyard there should be guidance to landowners about providing alternative routes and to access users about what to do in this situation. Because access points to water are more fixed than those over land there are fewer alternatives so paddlers could run into particular problems.
• Access to water seems to be seen as a right to paddle from A to B, but the right to stop and play a while, to repeat a section of river, have a lunch break or simply drift need to be included.
• Inspections, safety, rescue and portage all require access to the bank and may involve paddlers being on a section of river for more than the time it takes to pass through quickly and quietly.
• Not all paddlers are totally in control of their boats at all times, so may not be able to take the line advised by angler, and in any case the angler, not being a paddler, may not have suggested a safe and sensible line.
• What is a suitable group size?
• While recommendations from landowners about access points are welcome, they should not be allowed to become more than that.
• The Code must give guidance on situations where access has been traditional, but this right is not included in the Land Reform Act e.g walking across dams and through farmyards.
• The language in the Code must make clear when it is giving guidance and when it is stating what legally must be done.