Land Reform (Scotland) Act 2003
2003 asp 2 · Enacted 25 February 2003 · Extends to Scotland
An Act of the Scottish Parliament to establish statutory public rights of access to land for recreational and other purposes, and to extend some of the provisions for that purpose to rights of way and other rights; to make provision under which bodies representing rural and crofting communities may buy the land with which those communities have a connection; and for connected purposes.
The Bill for this Act of the Scottish Parliament was passed by the Parliament on 23rd January 2003 and received Royal Assent on 25th February 2003
Contents
- Part 1: Access rights
- Chapter 1: Nature and extent of access rights
- 1Access rights
- 2Access rights to be exercised responsibly
- 3Reciprocal obligations of owners
- 4Modification of sections 9, 14 and 23
- 5Access rights, reciprocal obligations and other rules and rights
- Chapter 2: Nature and extent of access rights: further provisions
- 6Land over which access rights not exercisable
- 7Provisions supplementing and qualifying section 6
- 8Adjustment of land excluded from access rights
- 9Conduct excluded from access rights
- Chapter 3: The Scottish Outdoor Access Code
- 10The Scottish Outdoor Access Code
- Chapter 4: Regulation and protection of access rights
- 11Power to exempt particular land from access rights
- 12Byelaws in relation to land over which access rights are exercisable
- Chapter 5: Local authority functions: access and other rights
- 13Duty of local authority to uphold access rights
- 14Prohibition signs, obstructions, dangerous impediments etc.
- 15Measures for safety, protection, guidance and assistance
- 16Acquisition by local authority of land to enable or facilitate exercise of access rights
- 17Core paths plan
- 18Core paths plan: further procedure
- 19Power to maintain core paths etc.
- 20Review and amendment of core paths plan
- 20AReview and amendment of core paths plan: further procedure
- 20BReview and amendment of core paths plan: notice to owners and occupiers of land
- 20CSingle amendment of core paths plan: procedure
- 20DSingle amendment of core paths plan: further procedure
- 21Delineation by agreement of paths in land in respect of which access rights exercisable
- 22Compulsory powers to delineate paths in land in respect of which access rights exercisable
- 23Ploughing etc.
- 24Rangers
- 25Local access forums
- 26Power of entry
- 27Guidance
- Chapter 6: General and miscellaneous provisions
- 28Judicial determination of existence and extent of access rights and rights of way
- 29Powers to protect natural and cultural heritage etc.
- 30Existing byelaws providing for public access to land
- 31Application of sections 14 and 15 to rights of way
- 32Interpretation of Part 1
- Part 2: The community right to buy
- Chapter 1: General extent of community right to buy
- 33Land in respect of which community interest may be registered
- 34Community bodies
- 35Provisions supplementary to section 34
- 36Register of Community Interests in Land
- Chapter 2: Registration of interests
- 37Registration of interest in land
- 38Criteria for registration
- 39Procedure for late applications
- 39AEvidence and notification of concluded missives or option agreements
- 40Effect of registration
- 41Provisions supplementary to and explanatory of section 40
- 42Power to modify sections 40(4) and (5) and 41
- 43Anti-avoidance provisions
- 44Duration and renewal of registration
- 44ADuty to notify changes to information relating to registered interest
- 45Deletion of community interest in land
- 46Re-registration of community interest
- Chapter 3: Activation of right to buy
- 47Activation of right to buy
- 48Duties on owner, or creditor, proposing to transfer land
- 49Procedure following receipt of notice under section 48
- 50Power to activate right to buy land where breach of this Part
- Chapter 4: Procedure after activation of right to buy
- 51Exercise of right to buy: approval of community and consent of Ministers
- 51ABallots under section 51: appointment of ballotter, etc.
- 51BConsent under section 51: duty to provide information
- 51CCircumstances affecting result of ballot
- 52Ballot procedure
- 53Provisions supplementary to section 51: salmon fishings and minerals
- 54Declinature or extinction of right to buy
- 55Right to buy same land exercisable by only one community body
- 56Procedure for buying
- 57Powers of Lands Tribunal in event of failure or delay
- 58Procedure where right to buy activated by virtue of notice under section 50(3)
- Chapter 5: Valuation of land
- 59Assessment of value of land
- 60Procedure for valuation
- 60ALiability of owner of land for valuation expenses
- Chapter 6: Appeals
- 61Appeals
- 62Appeals to Lands Tribunal: valuation
- 63Compensation
- 64Compensation appeals
- Chapter 7: General and miscellaneous provisions
- 65Effect of right to buy on other rights
- 66Amendment of Land Registration (Scotland) Act 1979
- 67Construction of references to land in which community interest registered
- 67ACalculation of time periods
- 67BDuty to provide information about community right to buy
- Part 3: The crofting community right to buy
- Chapter 1: General extent of crofting community right to buy
- 68Land which may be bought: eligible croft land
- 69Land which may be bought: salmon fishings and mineral rights
- 69ALand which may be bought: interest of tenant over land
- 70Land which may be bought in addition to eligible croft land
- 71Crofting community bodies
- 72Provisions supplementary to section 71
- Chapter 2: Exercise of right to buy
- 73Application by crofting community body for consent to buy croft land etc.
- 74Criteria for consent by Ministers
- 75Ballot to indicate approval for purposes of section 74(1)(m)
- 76Right to buy same croft land exercisable by only one crofting community body
- 77Reference to Land Court of purchase of eligible additional land without owner’s consent
- 78Modification of section 77(3)(a) to (e)
- 79Additional land included at request of owner
- 80Consent conditions
- 81Reference to Land Court of questions on applications
- 82Notification of Ministers' decision on application
- 83Leaseback to owner of sporting interests
- 84Effect on other rights of Ministers' decision on right to buy
- 85Confirmation of intention to proceed with purchase and withdrawal
- 86Completion of purchase
- 87Completion of transfer
- Chapter 3: Valuation of croft land
- 88Assessment of value of croft land etc.
- 88AAcquisition of interest of tenant over land: allocation of rents etc.
- 89Compensation
- 90Grants towards crofting community bodies' liabilities to pay compensation
- Chapter 4: Appeals
- 91Appeals
- 92Appeals to Land Court: valuation
- 93Agreement as to matters referred or appealed
- Chapter 5: General and miscellaneous provisions
- 94Register of Crofting Community Rights to Buy
- 95Avoidance of disposal other than to crofting community body
- 96Limitation on effect of this Part
- 97Scottish Land Court
- 97ZAMeaning of creditor in standard security with right to sell
- 97AConstruction of certain references to “tenant”
- Part 3A: Community right to buy abandoned, neglected or detrimental land
- 97BMeaning of “land”
- 97CRight to buy eligible land
- 97DPart 3A community bodies
- 97EProvisions supplementary to section 97D
- 97FInclusion of applications for right to buy in Register of Applications by Community Bodies to Buy Land
- 97GRight to buy: application for consent
- 97HCriteria for consent
- 97JBallot to indicate approval for purposes of section 97H
- 97KRight to buy same land exercisable by only one Part 3A community body
- 97LConsent conditions
- 97MNotification of Ministers' decision on application
- 97NEffect of Ministers' decision on right to buy
- 97PConfirmation of intention to proceed with purchase and withdrawal
- 97QCompletion of purchase
- 97RCompletion of transfer
- 97SAssessment of value of land etc.
- 97TCompensation
- 97UGrants towards Part 3A community bodies' liabilities to pay compensation
- 97VAppeals
- 97WAppeals to Lands Tribunal: valuation
- 97XReference to Lands Tribunal of questions on applications
- 97YAgreement as to matters referred or appealed
- 97ZInterpretation of Part 3A
- Part 4: General and supplementary
- 97Z1Mediation
- 98General and supplementary provisions
- 99Amendments, repeals and savings
- 100Short title, Crown application and commencement
- Schedule 1: Path orders
- Procedure
- 1Procedure
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- Statutory undertakings
- 9Statutory undertakings
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- Schedule 2: Amendment and repeal of enactments
- Trespass (Scotland) Act 1865 (c. 56)
- 1Paragraph 1
- Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 (c. 42)
- 2Paragraph 2
- Countryside (Scotland) Act 1967 (c. 86)
- 3Countryside (Scotland) Act 1967 (c. 86)
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- Civic Government (Scotland) 1982 (c. 45)
- 8Paragraph 8
- Public Order Act 1986 (c. 64)
- 9Paragraph 9
- Criminal Justice and Public Order Act 1994 (c. 33)
- 10Criminal Justice and Public Order Act 1994 (c. 33)
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- The Conservation (Natural Habitats, Etc.) Regulations 1994 (S.I. 1994/2716)
- 14The Conservation (Natural Habitats, Etc.) Regulations 1994 (S.I. 1994/2716)
- 15Paragraph 15 Repealed
- 16Paragraph 16
- Town and Country Planning (Scotland) Act 1997 (c. 8)
- 17Paragraph 17