Section 11 Exemption Orders
Apply for a Section 11 Exemption Order
A Section 11 Exemption Order temporarily excludes an area of land from statutory access rights under the Land Reform (Scotland) Act 2003.
Shetland Islands Council, as the Access Authority, may make a Section 11 Order where there is a need to temporarily restrict public access to land for a specific purpose and for a defined period.
When is a Section 11 Order Required?
A Section 11 Order may be appropriate where an event or activity would be significantly affected by public access rights, or where temporary restrictions are necessary in the interests of safety or security.
Types of Section 11 Exemptions
There are two types of Section 11 exemption:
Short-Duration Exemptions
Exemptions lasting up to 5 days can normally be authorised by the Shetland Islands Council, as Access Authority, where the proposal is considered necessary and appropriate.
Longer-Duration Exemptions
Exemptions lasting 6 days or more are subject to additional statutory requirements. These may include public and stakeholder consultation and confirmation by Scottish Ministers before the exemption can take effect.
Time Scales
Short term orders (five days or less): These are processed and decided by Shetland Islands Council. Applications must be submitted at least 8 weeks before the proposed exclusion period. However, it is advised that applicants consult with the local access forum (which meets quarterly) and the SIC outdoor access officer before an application is submitted.
Long term (between six days and two years): While Shetland Islands Council manages the process, these orders require public consultation and approval from Scottish Ministers. Applications must be submitted at least 12 months in advance of the intended start date. Early engagement with the Council’s Outdoor Access Officer is strongly recommended before beginning the application process. All applicants are encouraged to consult with the local access forum and affected stakeholders early in the planning process also.
Fees
All Section 11 exemption orders are subject to a fee. This fee includes processing and advertising costs.
- Short-term exemptions: £150, plus advertising costs
- Long-term exemptions: £300, plus advertising costs
Applicants are encouraged to contact the Outdoor Access Officer prior to submission to discuss the applicable fees and the payment options available.
Guidance and Application Pack
Guidance on Section 11 Exemption Orders and the application pack can be accessed using the link below:
It is advised to contact the outdoor access officer as early in the process as possible to discuss any potential application.
Apply
Completed applications and supporting documents should be submitted to the outdoor access officer on the below details.
Further Information
For further information or advice on a Section 11 Exemption Order, please contact the Outdoor Access Team.
📍Outdoor Access Officer, 8 North Ness Business Park, Lerwick, ZE1 0LZ
📧 outdooraccess@shetland.gov.uk
☎️ 01595 744169
Current Exemption Orders
There are currently no section 11 exemption orders.