IF it is part of the Core Path network, then according to the Scottish Outdoor Access Code:
"2.2 Everyone, whatever their age or ability, can exercise access
rights over most land and inland water in Scotland, at any time
of day or night, providing they do so responsibly2. These rights
do not extend to all places or to all activities (see paragraphs
2.11 to 2.15). Provided you do so responsibly (see Parts 3 and
5 of the Code), you can exercise access rights in places such
as:
• hills, mountains and moorland;
• woods and forests;
• most urban parks, country parks and other managed open
spaces;
• rivers, lochs, canals and reservoirs;
• riverbanks, loch shores, beaches and the coastline;
• land in which crops have not been sown;
• on the margins of fields3 where crops are growing or have
been sown;
• grassland, including grass being grown for hay or silage
(except when it is at such a late stage of growth that it is
likely to be damaged);
• fields where there are horses, cattle and other farm animals;
• on all core paths"
"2.4 You can exercise access rights at any time of the day or night,
provided you do so responsibly."
However:
"2.11 Access rights do not apply in the following places7."
"Land or water where public access is, by or under any other
legislation, prohibited, excluded or restricted. This would
normally be for safety grounds or public security reasons11.
In some places, byelaws, management rules or other
regulations may have been introduced by a local authority or
other similar public body and these may affect how you can
exercise access rights. All byelaws need to be consistent
with the access provisions in the Land Reform (Scotland)
Act 200312."
I presume this covers "footways" but not "footpaths"?
http://www.snh.gov.uk/docs/A309336.pdf
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