Paragraph 17 Notice of diversificationI1

Scotland Not yet in force

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

sch. 2 para. 8(7) applied (with modifications) by 1911 c. 49, s. 32(14A) (as inserted) by Land Reform (Scotland) Act 2025 Sch. 2 para. 79(3)(d)
sch. 2 para. 10(1) applied (with modifications) by 1911 c. 49, s. 32(14A) (as inserted) by Land Reform (Scotland) Act 2025 Sch. 2 para. 79(3)(d)
sch. 2 para. 14 applied (with modifications) by 1911 c. 49, s. 32(14A) (as inserted) by Land Reform (Scotland) Act 2025 Sch. 2 para. 79(3)(d)
sch. 2 para. 74 applied (with modifications) by 1911 c. 49, s. 32(14A) (as inserted) by Land Reform (Scotland) Act 2025 Sch. 2 para. 79(3)(d)
sch. 2 para. 75 applied (with modifications) by 1911 c. 49, s. 32(14A) (as inserted) by Land Reform (Scotland) Act 2025 Sch. 2 para. 79(3)(d)
sch. 2 para. 76 applied (with modifications) by 1911 c. 49, s. 32(14A) (as inserted) by Land Reform (Scotland) Act 2025 Sch. 2 para. 79(3)(d)
sch. 2 para. 40 applied by 1931 c. 44, s. 14(3) (as inserted) by Land Reform (Scotland) Act 2025 Sch. 2 para. 80(2)

(1)

A small landholder may give a notice (in this Part, a “notice of diversification”) to the landlord of the landholder’s small landholding where—

(a)

the landholder intends to use the land comprising the holding, or any part of it, for a diverse purpose, and

(b)

the use of that land for that purpose is not the subject of a diversification agreement.

(2)

The notice must specify—

(a)

what the diverse purpose is,

(b)

the land that would be used for that purpose, by reference to a map,

(c)

any changes to the land which the landholder proposes to effect for that purpose, and

(d)

the date on which the landholder proposes to commence using the land for that purpose.

(3)

The notice must also—

(a)

specify any environmental benefit that is intended to be provided in using the land for the purpose specified in the notice in accordance with sub-paragraph (2)(a),

(b)

specify—

(i)

how any such environmental benefit is to be provided,

(ii)

how any proposed changes to the land are to be financed and managed,

(iii)

how any business that is intended to be furthered by the use of the land for that purpose is (so far as relating to the land) to be financed and managed, and

(c)

address such matters as may constitute any ground of objection mentioned in paragraph 19 (3)(a)(i) to (iii).

(4)

The notice must—

(a)

be given in writing at least 70 days prior to the date specified in the notice under sub-paragraph (2)(d),

(b)

be in such form as the Scottish Ministers may by regulations prescribe.

(5)

The Scottish Ministers may by regulations modify this paragraph so as to add or remove information to be included in a notice of diversification.

(6)

In this Part, “diversification proposal” means—

(a)

the proposed use of land specified in a notice of diversification in accordance with sub-paragraph (2)(b) for the purpose specified in the notice in accordance with sub-paragraph (2)(a), and

(b)

any proposed changes to the land specified in the notice in accordance with sub-paragraph (2)(c).

Annotations

Commencement

I1: Sch. 2 para. 17 not in force at Royal Assent, see s. 47(2)