§ Lord Rankeillour
asked Her Majesty's Government:
Whether they will distribute updated copies of the Trespass (Scotland) Act 1865 to suitable vantage places throughout Scotland, in order to dispel the common misconception that there is no law of trespass in that region, thus assisting gardeners, crofters, farmers, landowners, and regional police forces.
§ The Minister of State, Scottish office (The Earl of Mansfield)
No. this would be an unusual, expensive and not very effective departure from the normal methods of promulgating the law. Although the Trespass (Scotland) Act 1865 creates an offence of unauthorised encampment on private property, it is only one of several statutes under which trespass can constitute a criminal offence in certain circumstances. None of these statutes are, however, aimed at the act of "simple" trespass but at other criminal acts associated with it. These points will be discussed in a consultative paper on the present law of trespass in Scotland which is to be issued soon.