With spring and the peak of lambing season just round the corner – and as more of us head into the great outdoors to make the most of the (hopefully!) better weather and longer days - it’s a good time for a reminder about what the law says about rights and responsibilities around access to farming land. Livestock-worrying incidents are regrettably on the rise in Scotland despite tough new legislation aimed at tackling the issue, so it’s vital landowners and land-users alike understand the obligations provided by the Scottish Outdoor Access Code (SOAC).
Land Access Rights
Public access rights:
The public can walk across some lands which form part of farms or contain animals, although they must consider alternative routes if animals – especially young or pregnant ones - are present.
If there is no alternative route, members of the public are permitted to cross such fields. The SOAC advises keeping safe distance from any animals, and under no circumstances coming into direct contact with or feeding farm animals.
Public access rights extend to fields in which crops are growing. The SOAC advises anyone crossing these to keep to paths or the edge of the field to avoid damaging any crops.
Farmers’ obligations:
Farmers must not hinder or obstruct members of the public from exercising their right of access over their land, for example not planting hedges or erecting fences in order to prevent people from crossing fields. The obligation not to obstruct is contained in the Land Reform (Scotland) Act 2003, and the court can order the removal of such an obstruction, if the fence or hedge was installed after 2003.
Dog Walkers
Dos and Don’ts:
When walking dogs through fields, especially any containing farm animals, members of the public should always keep their dog(s) under control.
According to the SOAC, dog walkers must not let their dog approach animals uninvited, dogs should be kept under control and in sight at all times, and owners should keep their dog on a lead if it’s likely to roam, to avoid a clash with farm animals.
Dogs must never be allowed to attack or “worry” any livestock at any time of year, but especially during lambing season. That’s why non-farm dogs are banned from fields where there are young farm animals.
Livestock worrying is defined as attacking livestock; chasing livestock in a way that might be expected to cause injury or suffering; causing abortion or reduction of produce; or being out of control in a sheep field without the authorisation of the owner or occupier.
When worrying or an attack occurs, the person in charge of the dog is guilty of an offence under the Dogs (Protection of Livestock) Act 1953 and its subsequent amendments in 2021. This is true whether there is reckless conduct on the dog owner’s part or not.
Dogs must not be taken into fields where crops are growing either, unless there is a clear path which is away from the crop. In this scenario dogs should always be under control and not allowed to roam through any growing crops.
How farmers can protect their livestock and crops:
Uncontrolled dogs can worry or attack livestock, resulting in miscarriages and death of farm animals, as well as having an emotional and financial impact on the farmer, particularly for those whose livelihood depends on livestock breeding.
Farmers can install signs to:
· inform dog owners that there are pregnant animals in the area;
· request dogs should be on a lead; or
· pinpoint alternative routes
With livestock worrying incidents increasing in recent years, it’s clear, however, that some members of the public still allow dogs to run free regardless of any signage in place.
What to do if your sheep or cattle are attacked
Farmers should contact the police immediately if their livestock are worried or attacked, and in the case of ‘near misses’.
If immediate intervention is required, the farmer has a right to retain the dog to avoid any livestock injuries or damage. A farmer exercising this right must take reasonable care with the dog, then return it to the owner or police. Contact police urgently if it is not possible to retain the dog safely.
Finally, and only as a last resort, a farmer may shoot a dog worrying or attacking their livestock.
Though permitted in law, this is an extreme option for all parties involved. The farmer must have exhausted all reasonable efforts and be of the belief that there is immediate danger prior to taking aim.
If a farmer injures or kills a dog which is worrying or attacking livestock, they must inform the police within 48 hours of the event. Outwith this timeframe the defence of protecting livestock will no longer be available, so act quickly.
