On 15 May the Scottish Executive introduced a revised risk assessment process for the Provisionally Free Area (North of the Forth-Clyde line). This calls on landowners and managers to seek agreement for land closure from their local authority and Divisional Veterinary Manager. It is expected that there will be relatively few cases justified. Landowners,farmers, and crofters have been asked to remove unofficial closure notices, replacing them if and where necessary with "advisory" notices telling walkers about the Comeback Code. Where we are advised of official closed paths or land we will list them. In due course only information on "closed" areas will be shown and the assumption can be made that there is no restriction outwith those areas.

As an interim measure we will in addition show areas where we have been advised that there are no access problems.

The situation in the At Risk and Infected Areas in Central and South Scotland is unchanged, though the boundaries between the areas are under review.

Rhona Brankin said:

Our veterinary officers advise that public access throughout the Provisionally Free Area is much safer than before. We want to move to the next stage in returning to normal and I would urge farmers, crofters and landowners to play their part in rural communities by removing all unofficial closure signs.

Local Authorities in the Provisionally Free Area have played a key role in managing access to minimise risk. I want to thank them and the many landowners, farmers and crofters who have been helpful and co-operative throughout. It is now time to start returning to normal and ensure that all key routes, wherever possible, are open for the holiday season.

Access to the countryside is a major attraction for visitors and a key part of the rural economy. We need to restore that access to build confidence in the tourism industry so that it can start planning for the future.

The effective way in which the outbreak of foot and mouth disease has been tackled in Scotland has allowed us to take these measures as quickly as possible. I have to stress, however, that we must remain vigilant to ensure that the disease does not recur. I urge all those visiting the countryside to follow the basic guidelines laid out in the comeback code.

Local authorities retain the power to officially close land and footpaths wherever a risk is posed. Land managers who believe a risk exists and wish to keep their land closed should carry out a risk assessment to satisfy the local authority and the Divisional Veterinary Manager.

On 24th May, the SERAD minister Ross Finnie announced that this guidance should now be extended to the "At Risk Area", i.e. leaving only the Infected Area restricted.
He said

Last week, we announced new guidance for access in the Provisionally Free Area. This was based upon a clear presumption in favour of access which follows from veterinary advice that there is an extremely low risk caused by public access.

Veterinary advice is clear: only those coming direct from infected premises pose any threat. As a result, and due to the increasing evidence that restrictions on access continue to have a severe effect upon rural tourism, I am today announcing that this guidance will apply throughout the country except in the Infected Areas.

I recognise that there are many landowners, farmers and crofters who remain genuinely concerned about public access. But the scientific advice is that their concerns are based upon a risk that is more apparent than real. Where there is a real risk, we are not removing their option of seeking official closure through the risk assessment process.

But the plethora of unofficial closure signs in the countryside is unhelpful. It brings the formal system for managing access into disrepute.

These signs must come down. I want to see the whole of Scotland as far as possible returning to normal, providing a warm welcome to all visitors to the countryside.

He said:

On 15th May I issued guidance on the marginal risks posed by access to the spread of Foot and Mouth disease in the Provisionally Free Area of Scotland. This guidance stated clearly that there should be a presumption in favour of openness and any closures may only be made on the basis of a risk assessment agreed with the local authority and Divisional Veterinary Manager. On the 24th May this guidance was extended to the whole of Scotland excluding Dumfries and Galloway and the Borders.

However, I have been made aware that there are some areas of the countryside which remain closed and that unofficial notices have been posted by landowners and or farmers. This is giving a confusing message to those who want to enjoy the countryside.

To over-come this confusion we will be publishing a list of all closures notified to Scottish Ministers on the Scotish Executive website. Unless an area is listed on this website the public can assume that it is access as normal.

The Scottish Executive closure list (pdf format)

Due to the more complex and rapidly changing situation in Dumfries and Galloway and the Borders the public is asked to refer to local authority websites for the most up to date position.

Foot and Mouth Review