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Land Reform (Scotland) Act 2016 (2016 asp 18).

Country/Territory
United Kingdom
Territorial subdivision
Scotland
Document type
Legislation
Date
2016
Source
FAO, FAOLEX
Long title
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.
Subject
Agricultural & rural development, Food & nutrition, Forestry, Land & soil, Wild species & ecosystems
Keyword
Agricultural development Sustainable development Sustainable use Food security Private forest Framework law Basic legislation Land reform Land tenure Policy/planning Institution Lease Agricultural land Legal proceedings/administrative proceedings Servitude Land-use planning Land valuation Non-governmental entity Ownership Private land Cultural heritage Common property Community management Smallholders/peasants Management/conservation Protection of species
Geographical area
Atlantic Ocean Islands, Europe, Europe and Central Asia, North Atlantic, North Sea, North-East Atlantic, Northern Europe
Entry into force notes
Sections 125 to 127 and 131 come into force on the day after Royal Assent. The other provisions of this Act come into force on such day as the Scottish Ministers may by Regulations appoint.
Abstract

This Act brings about a comprehensive reform of the law relating to land rights and land planning and management in Scotland. It contains provisions that aim to: ensure the development of an effective system of land governance and on-going commitment to land reform in Scotland; address barriers to furthering sustainable development in relation to land and improve the transparency and accountability of land ownership; and demonstrate commitment to effectively manage land and rights in land for the common good, through modernising and improving specific aspects of land ownership and rights over land. Fundamental principles of the Act are equality, social justice and sustainability. The Act establishes the office of the Scottish Land Commission and the office of the Tenant Farming Commissioner. It amends the Agricultural Holdings Act and Act provides with respect to a right to buy land to further sustainable development, including land for local food growing. The Act aims at development of the tenanted agricultural sector, both as a route into farming, and in order to provide security for farms businesses and to provide greater flexibility for businesses to expand and grow through the sector through the let-in and out of land. It provides also for specific matters such as rights of (agricultural) tenants, entry in the valuation roll of shootings and deer forests, common good land, guidance in engaging communities in decisions relating to land and community involvement in local deer management. The Act imposes a duty on the Scottish Ministers to review the legislation governing small landholdings.

Full text
English
Website
www.opsi.gov.uk

References - Legislation

Amends

Town and Country Planning (Scotland) Act 1997 (1997 Chapter 8).

Legislation | United Kingdom | 1997 (2022)

Keyword: Forestry protection measures, Forest management/forest conservation, Land-use planning, Environmental planning, Institution, Expropriation, Servitude, Enforcement/compliance, Offences/penalties, Policy/planning

Source: FAO, FAOLEX

Agricultural Holdings (Scotland) Act 2003 (2003 asp 11).

Legislation | United Kingdom | 2003 (2019)

Keyword: Basic legislation, Land reform, Land tenure, Agricultural land, Lease, Contract/agreement, Dispute settlement, Court/tribunal

Source: FAO, FAOLEX

Land Reform (Scotland) Act 2003 (2003 asp 2).

Legislation | United Kingdom | 2003 (2018)

Keyword: Basic legislation, Land reform, Land tenure, Lease, Legal proceedings/administrative proceedings, Servitude, Land valuation, Non-governmental entity, Ownership, Cultural heritage

Source: FAO, FAOLEX

Agricultural Holdings (Scotland) Act 1991 (Cap. 55).

Legislation | United Kingdom | 1991 (2019)

Keyword: Basic legislation, Land reform, Land tenure, Agricultural land, Lease, Contract/agreement, Dispute settlement, Court/tribunal

Source: FAO, FAOLEX

Implemented by

Land Reform (Scotland) Act 2016 (Commencement No. 4, Transitional and Saving Provisions) Regulations 2016 (S.S.I. No. 372 (C. 35)).

Legislation | United Kingdom | 2016

Keyword: Land reform, Land tenure, Land-use planning, Servitude, Private land

Source: FAO, FAOLEX

Land Reform (Scotland) Act 2016 (Consequential and Saving Provisions) Regulations 2016 (S.S.I. No. 366 of 2016).

Legislation | United Kingdom | 2016

Keyword: Land reform, Land tenure, Lease, Inheritance, Agricultural land

Source: FAO, FAOLEX

Land Reform (Scotland) Act 2016 (Supplementary, Consequential, Transitory and Saving Provisions) Regulations 2017 (S.S.I. No. 416 of 2017).

Legislation | United Kingdom | 2017

Keyword: Land reform, Land tenure, Agricultural land, Lease

Source: FAO, FAOLEX

Right to Buy Land to Further Sustainable Development (Applications, Written Requests, Ballots and Compensation) (Scotland) Regulations 2020 (S.S.I. No. 21 of 2020).

Legislation | United Kingdom | 2020

Keyword: Inland fisheries, Land reform, Land tenure, Transfer, Legal proceedings/administrative proceedings, Dispute settlement, Sustainable development, Water rights

Source: FAO, FAOLEX

Amended by

Land Reform (Scotland) Act 2016 (Supplementary, Consequential, Transitory and Saving Provisions) Regulations 2017 (S.S.I. No. 400 of 2017).

Legislation | United Kingdom | 2017

Keyword: Land reform, Land tenure, Legal proceedings/administrative proceedings, Land commission

Source: FAO, FAOLEX