Land Reform (Scotland) Act 2016
2016 asp 18 · Enacted 22 April 2016 · Extends to Scotland
An Act of the Scottish Parliament to make provision for a land rights and responsibilities statement; to establish the Scottish Land Commission, provide for its functions and the functions of the Land Commissioners and the Tenant Farming Commissioner; to make provision about access to, and provision of, information about owners and controllers of land; to make provision about engaging communities in decisions relating to land; to enable certain persons to buy land to further sustainable development; to make provision for non-domestic rates to be levied on shootings and deer forests; to make provision about the change of use of common good land; to make provision about the management of deer on land; to make provision about access rights to land; to amend the law on agricultural holdings to provide for new forms of agricultural tenancy, to remove the requirement to register before tenants of certain holdings can exercise a right to buy, to provide a new power of sale where a landlord is in breach of certain obligations, to provide about rent reviews, to expand the list of the persons to whom holdings can be assigned or bequeathed and to whom holdings can be transferred on intestacy and to make provision about landlords' objections to such successor tenants, to provide for certain holdings to be relinquished where landlords agree or assigned to persons new to or progressing in farming, to provide for a 3 year amnesty period in relation to certain improvements carried out by tenants, and to provide for notice of certain improvements proposed by landlords; and for connected purposes.
The Bill for this Act of the Scottish Parliament was passed by the Parliament on 16th March 2016 and received Royal Assent on 22nd April 2016
Contents
- Part 1: Land rights and responsibilities statement
- 1Land rights and responsibilities statement
- 2Publication and review of land rights and responsibilities statement
- 3Duty to promote land rights and responsibilities statement
- Part 2: The Scottish Land Commission
- Chapter 1: The Commission
- Establishment
- 4The Scottish Land Commission
- 5Status
- Functions of the Commission
- 6Functions of the Commission
- 7General powers
- Strategic plan and programme of work
- 8Strategic plan
- 9Programme of work
- Membership
- 10Membership
- 11Eligibility for appointment
- 12Disqualification from membership
- 13Resignation and removal
- Remuneration and staff
- 14Remuneration, allowances and pensions
- 15Staff
- Operational matters
- 16Validity of things done
- 17Committees
- 18Regulation of procedure
- Accounts and annual report
- 19Accounts
- 20Annual report
- Application of public bodies legislation
- 21Application of legislation relating to public bodies
- Chapter 2: The Land Commissioners
- Functions of the Land Commissioners
- 22Functions of the Land Commissioners
- Land Commissioners: delegation of functions
- 23Land Commissioners: delegation of functions
- Chapter 3: The Tenant Farming Commissioner
- Functions of the Tenant Farming Commissioner
- 24Functions of the Tenant Farming Commissioner
- 25Tenant Farming Commissioner: delegation of functions
- 26Acting Tenant Farming Commissioner
- Tenant Farming Commissioner: codes of practice
- 27Tenant Farming Commissioner: codes of practice
- 28Tenant Farming Commissioner: promotion of codes of practice
- Tenant Farming Commissioner: inquiry function
- 29Application to inquire into breach of code of practice
- 30Procedure for inquiry
- 31Enforcement powers
- 32Notice of non-compliance penalty
- 33Report on inquiry
- 34Tenant Farming Commissioner: confidentiality of information
- 35Protection from actions for defamation
- Tenant Farming Commissioner: review of operation of agents
- 36Report on operation of agents of landlords and tenants
- Tenant Farming Commissioner: modern list of improvements
- 37Recommendations by Tenant Farming Commissioner for modern list of improvements
- Tenant Farming Commissioner: power to refer questions of law to Land Court
- 38Referral of questions of law by Tenant Farming Commissioner to Land Court
- Part 3: Information about control of land etc.
- Information about persons with controlling interests in relation to land
- 39Information about persons with controlling interests in owners and tenants of land
- Procedure for first regulations under section 39
- 40Procedure for first regulations under section 39
- 41Procedure for first regulations under section 39: consultation
- 42Procedure for first regulations under section 39: explanatory document
- Information relating to proprietors of land etc. Not yet in force
- 43Power of Keeper to request or require information relating to proprietors of land etc. Not yet in force
- Part 4: Engaging communities in decisions relating to land
- 44Guidance on engaging communities in decisions relating to land
- Part 5: Right to buy land to further sustainable development
- Key terms
- 45Meaning of “land”
- 46Eligible land
- 47Eligible land: salmon fishings and mineral rights
- 48Eligible land: tenant's interests
- 49Part 5 community bodies
- 50Provisions supplementary to section 49
- 51Interpretation of Part
- Register of Applications by Community Bodies to Buy Land
- 52Register of Applications by Community Bodies to Buy Land
- 53Inclusion in New Register of applications for right to buy abandoned, neglected or detrimental land
- Applications for consent
- 54Right to buy: application for consent
- 55Right to buy: application procedure
- 56Right to buy: Ministers' decision on application
- 57Ballot to indicate approval for purposes of section 56
- 58Right to buy same land exercisable by only one Part 5 community body
- 59Consent conditions
- 60Notification of Ministers' decision on application
- Procedure following consent
- 61Effect of Ministers' decision on right to buy
- 62Confirmation of intention to proceed with purchase and withdrawal
- 63Completion of purchase
- 64Completion of transfer
- 65Assessment of value of land etc.
- 66Acquisition of interest of tenant over land: allocation of rents etc.
- Compensation
- 67Compensation
- 68Grants towards liabilities to pay compensation
- Appeals and references
- 69Appeals to sheriff
- 70Appeals to Lands Tribunal: valuation
- 71Reference to Lands Tribunal of questions on applications
- 72Agreement as to matters appealed
- Mediation
- 73Mediation
- Part 6: Entry in valuation roll of shootings and deer forests
- 74Repeal of exclusion of shootings and deer forests from valuation roll
- 75Valuation of shootings and deer forests
- 76Net annual value of deer forests
- Part 7: Common good land
- 77Change of use of land forming part of the common good
- Part 8: Deer management
- 78Functions of deer panels
- 79Review of compliance with code of practice on deer management
- 80Deer management plans
- 81Power to require return on number of deer planned to be killed
- 82Increase in penalty for failure to comply with control scheme
- Part 9: Access rights
- Core paths
- 83Core paths plans
- Court applications
- 84Access rights: service of court applications
- Part 10: Agricultural holdings
- Chapter 1: Modern limited duration tenancies
- Modern limited duration tenancies
- 85Modern limited duration tenancies: creation
- 86Modern limited duration tenancies: subletting
- 87Modern limited duration tenancies: termination and continuation
- 88Modern limited duration tenancies: fixed equipment
- 89Modern limited duration tenancies: irritancy
- Conversion of 1991 Act tenancies
- 90Conversion of 1991 Act tenancies into modern limited duration tenancies
- Conversion of limited duration tenancies
- 91Conversion of limited duration tenancies into modern limited duration tenancies
- Chapter 2: Repairing tenancies
- 92Repairing tenancies: creation
- 93Repairing tenancies: subletting Not yet in force
- 94Repairing tenancies: termination, continuation and extension Not yet in force
- 95Repairing tenancies: fixed equipment Not yet in force
- 96Repairing tenancies: resumption of land by landlord Not yet in force
- 97Repairing tenancies: irritancy Not yet in force
- 98Repairing tenancies: compensation
- Chapter 3: Tenant's right to buy Not yet in force
- 99Tenant's right to buy: removal of requirement to register Not yet in force
- Chapter 4: Sale where landlord in breach
- 100Sale to tenant or third party where landlord in breach of order or award
- Chapter 5: Rent review
- 1991 Act tenancies: rent review
- 1011991 Act tenancies: rent review
- Limited duration tenancies, modern limited duration tenancies and repairing tenancies: rent review
- 102Limited duration tenancies, modern limited duration tenancies and repairing tenancies: rent review
- Chapter 6: Assignation of and succession to agricultural tenancies
- Assignation
- 103Assignation of 1991 Act tenancies
- 104Assignation of limited duration tenancies
- 105Assignation of modern limited duration tenancies
- 106Assignation of repairing tenancies Not yet in force
- Succession
- 107Bequest of 1991 Act tenancies
- 108Limited duration tenancies, modern limited duration tenancies and repairing tenancies: succession
- Landlord's objection to tenant's successor
- 109Objection by landlord to legatee or acquirer on intestacy
- Chapter 7: Relinquishing and assignation of 1991 Act tenancies
- 110Tenant's offer to relinquish 1991 Act tenancy
- 111Tenant's offer to relinquish 1991 Act tenancy: consequential modifications
- Chapter 8: Compensation for tenant's improvements
- Amnesty for tenant's improvements
- 112Amnesty for certain improvements by tenant
- 113Amendment of the Agricultural Holdings (Scotland) Acts
- 114Amnesty notice
- Objection to amnesty notice and referral to Land Court
- 115Objection by landlord
- 116Referral to Land Court
- Agreements made during amnesty period
- 117Amnesty agreements
- Resolution of disputes
- 118Arbitration and other dispute resolution
- Chapter 9: Improvements by landlord
- 119Notice required for certain improvements by landlord
- 120Rent increase for certain improvements by landlord
- Chapter 10: Diversification
- 121Use of land for non-agricultural purposes: objection to notice of diversification
- 122Use of land for non-agricultural purposes: requests for information
- Chapter 11: Irritancy for non-payment of rent
- 123Irritancy for non-payment of rent
- Part 11: Small landholdings
- 124Review of small landholdings legislation
- Part 12: General and miscellaneous
- 125General interpretation
- 126Subordinate legislation
- 127Ancillary provision
- 128Crown application
- 129Minor and consequential modifications
- 130Commencement Not yet in force
- 131Short title
- Schedule 1: RIGHT TO BUY LAND TO FURTHER SUSTAINABLE DEVELOPMENT: MINOR AND CONSEQUENTIAL MODIFICATIONS
- Land Reform (Scotland) Act 2003
- 1Paragraph 1
- Schedule 2: AGRICULTURAL HOLDINGS: MINOR AND CONSEQUENTIAL MODIFICATIONS
- Part 1: Modern limited duration tenancies and repairing tenancies
- Sheriff Courts (Scotland) Act 1907
- 1Paragraph 1
- Law Reform (Miscellaneous Provisions) (Scotland) Act 1985
- 2Paragraph 2
- 1991 Act
- 3Paragraph 3
- Crofters (Scotland) Act 1993
- 4Paragraph 4
- Children (Scotland) Act 1995
- 5Paragraph 5
- Town and Country Planning (Scotland) Act 1997
- 6Paragraph 6
- 2003 Act
- 7Paragraph 7
- Antisocial Behaviour etc. (Scotland) Act 2004
- 8Paragraph 8
- Housing (Scotland) Act 2006
- 9Paragraph 9
- Part 2: Sale where landlord in breach Not yet in force
- 2003 Act Not yet in force
- 10Paragraph 10 Not yet in force
- Part 3: Rent reviews Not yet in force
- 1991 Act Not yet in force
- 11Paragraph 11 Not yet in force
- 2003 Act Not yet in force
- 12Paragraph 12 Not yet in force
- Agricultural Holdings (Amendment) (Scotland) Act 2012 Not yet in force
- 13Paragraph 13 Not yet in force
- Part 4: Assignation and succession
- Succession (Scotland) Act 1964
- 14Paragraph 14
- 1991 Act
- 15Paragraph 15
- 2003 Act
- 16Paragraph 16
- Agricultural Holdings (Amendment) (Scotland) Act 2012
- 17Paragraph 17
- Part 5: General modifications
- 1991 Act
- 18Paragraph 18
- 2003 Act
- 19Paragraph 19