{
  "url": "https://openlegislation.uk/land-reform-scotland-act-2025/schedule-2/paragraph-3",
  "json_url": "https://openlegislation.uk/land-reform-scotland-act-2025/schedule-2/paragraph-3.json",
  "legislation": "asp/2025/15",
  "legislation_title": "Land Reform (Scotland) Act 2025",
  "legislation_url": "https://openlegislation.uk/land-reform-scotland-act-2025",
  "path": "schedule/2/paragraph/3",
  "kind": "paragraph",
  "number": "3",
  "heading": "Land which may not be, or be part of, a small landholding",
  "text": "(1) A small landholding may not comprise or include the following—\n(a) land which is situated in any of the crofting counties,\n(b) land which is not—\n(i) agricultural or pastoral land, or\n(ii) the site of a dwelling-house, or any building or other structure pertaining to the dwelling-house,\n(c) garden ground pertaining to a dwelling-house, the site of which is not comprised in the holding,\n(d) land which is the site of, forms access to or surrounds an ancient monument or other object of historical or archaeological interest,\n(e) land which is or forms part of an allotment under Part 9 of the Community Empowerment (Scotland) Act 2015.\n(2) A small landholding—\n(a) may not be comprised only of land mentioned in sub-paragraph (1)(b)(ii),\n(b) may include such land whether or not it is contiguous to the other land of which the holding is comprised.\n(3) Nothing in sub-paragraph (1)(b) prevents land comprising or included in a small landholding ceasing to be agricultural or pastoral land in accordance with a diversification agreement or an authorised diversification proposal.\n(4) In this paragraph—\n“authorised diversification proposal” is to be construed in accordance with paragraph 26(3),\n“crofting counties” is to be construed in accordance with section 61 of the Crofters (Scotland) Act 1993,\n“diversification agreement” means an agreement under paragraph 16(2).",
  "extent": "S",
  "status": "prospective",
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Sch. 2 para. 3 not in force at Royal Assent, see s. 47(2)"
    }
  ],
  "outstanding_effects": [
    {
      "type": "applied (with modifications) by 1911 c. 49, s. 32(14A) (as inserted)",
      "affecting": "asp/2025/15",
      "affecting_title": "Land Reform (Scotland) Act 2025"
    },
    {
      "type": "applied (with modifications) by 1911 c. 49, s. 32(14A) (as inserted)",
      "affecting": "asp/2025/15",
      "affecting_title": "Land Reform (Scotland) Act 2025"
    },
    {
      "type": "applied (with modifications) by 1911 c. 49, s. 32(14A) (as inserted)",
      "affecting": "asp/2025/15",
      "affecting_title": "Land Reform (Scotland) Act 2025"
    },
    {
      "type": "applied (with modifications) by 1911 c. 49, s. 32(14A) (as inserted)",
      "affecting": "asp/2025/15",
      "affecting_title": "Land Reform (Scotland) Act 2025"
    },
    {
      "type": "applied (with modifications) by 1911 c. 49, s. 32(14A) (as inserted)",
      "affecting": "asp/2025/15",
      "affecting_title": "Land Reform (Scotland) Act 2025"
    },
    {
      "type": "applied (with modifications) by 1911 c. 49, s. 32(14A) (as inserted)",
      "affecting": "asp/2025/15",
      "affecting_title": "Land Reform (Scotland) Act 2025"
    },
    {
      "type": "applied by 1931 c. 44, s. 14(3) (as inserted)",
      "affecting": "asp/2025/15",
      "affecting_title": "Land Reform (Scotland) Act 2025"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/asp/2025/15/schedule/2/paragraph/3",
    "retrieved_at": "2026-10-29T20:11:52.301495+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}