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The Land Reform (Scotland) Act 2003 and Scottish Outdoor Access Code came into force on 9th February 2005. The Act establishes a statutory right to camp and the Code describes the responsibilities and best practice guidance that should be followed when exercising your right to camp wild.
A section in the Trespass (Scotland) Act 1865, which contained an offence of camping on land without the consent of the owner or occupier, has been repealed via Schedule 2 of the Land Reform (Scotland) Act 2003. The 2003 Act confirms that camping is a lawful activity when done by a person in the exercise of the access rights created by the Land Reform Act.
The Scottish Outdoor Access Code contains guidance on the responsibilities that accompany the access rights in the Act. The Code provides specific advice on wild camping and recommends that in order to avoid causing problems you should not camp in enclosed fields of crops or farm animals.
In England and Wales:
In short, camping on private land without permission is trespassing and on open access land wild camping is prohibited under Schedule 2 of the Countryside and Rights of Way Act 2000, a recent petition to the Government to address this gave the following response:
“This Government appreciates the potential benefits of wild camping in England and its attractiveness to campers who already have the opportunity to camp in the wild in Scotland.
The Land Reform Act in Scotland allows for wild camping, but the land issues and the legislation in England are somewhat different. The introduction of wild camping in England would be a controversial issue, which would require both significant consultation and legislative change.
On open access land wild camping is prohibited under Schedule 2 of the Countryside and Rights of Way Act 2000, which lists all restricted activities. Therefore, new Regulations would be required to exclude wild camping as a restricted activity. Any change to the current rules on wild camping in National Parks and Ministry of Defence land would require new primary legislation.
The Government has no plans to allocate the necessary resources to consider proposals for such legislation at present, and is concentrating on following up the successful introduction of 750,000 hectares of open access land with new legislation on access to the coast in the Marine Bill Act which is currently going through Parliament.”
Source – Legalise Wild Camping petition in England and Wales