Land Reform (Scotland) Act 2003

1. Introductory Text

2. Part 1 Access rights

   1. Chapter 1 Nature and extent of access rights

      1. 1. Access rights

      2. 2. Access rights to be exercised responsibly

      3. 3. Reciprocal obligations of owners

      4. 4. Modification of sections 9, 14 and 23

      5. 5. Access rights, reciprocal obligations and other rules and rights

   2. Chapter 2 Nature and extent of access rights: further provisions

      1. 6. Land over which access rights not exercisable

      2. 7. Provisions supplementing and qualifying section 6

      3. 8. Adjustment of land excluded from access rights

      4. 9. Conduct excluded from access rights

   3. Chapter 3 The Scottish Outdoor Access Code

      1. 10. The Scottish Outdoor Access Code

   4. Chapter 4 Regulation and protection of access rights

      1. 11. Power to exempt particular land from access rights

      2. 12. Byelaws in relation to land over which access rights are exercisable

   5. Chapter 5 Local authority functions: access and other rights

      1. 13. Duty of local authority to uphold access rights

      2. 14. Prohibition signs, obstructions, dangerous impediments etc.

      3. 15. Measures for safety, protection, guidance and assistance

      4. 16. Acquisition by local authority of land to enable or facilitate exercise of access rights

      5. 17. Core paths plan

      6. 18. Core paths plan: further procedure

      7. 19. Power to maintain core paths etc.

      8. 20. Review and amendment of core paths plan

      9. 20A. Review and amendment of core paths plan: further procedure

      10. 20B. Review and amendment of core paths plan: notice to owners and occupiers of land

      11. 20C. Single amendment of core paths plan: procedure

      12. 20D. Single amendment of core paths plan: further procedure

      13. 21. Delineation by agreement of paths in land in respect of which access rights exercisable

      14. 22. Compulsory powers to delineate paths in land in respect of which access rights exercisable

      15. 23. Ploughing etc.

      16. 24. Rangers

      17. 25. Local access forums

      18. 26. Power of entry

      19. 27. Guidance

   6. Chapter 6 General and miscellaneous provisions

      1. 28. Judicial determination of existence and extent of access rights and rights of way

      2. 29. Powers to protect natural and cultural heritage etc.

      3. 30. Existing byelaws providing for public access to land

      4. 31. Application of sections 14 and 15 to rights of way

      5. 32. Interpretation of Part 1

3. Part 2 The community right to buy

   1. Chapter 1 General extent of community right to buy

      1. 33. Land in respect of which community interest may be registered

      2. 34. Community bodies

      3. 35. Provisions supplementary to section 34

      4. 36. Register of Community Interests in Land

   2. Chapter 2 Registration of interests

      1. 37. Registration of interest in land

      2. 38. Criteria for registration

      3. 39. Procedure for late applications

      4. 39A. Evidence and notification of concluded missives or option agreements

      5. 40. Effect of registration

      6. 41. Provisions supplementary to and explanatory of section 40

      7. 42. Power to modify sections 40(4) and (5) and 41

      8. 43. Anti-avoidance provisions

      9. 44. Duration and renewal of registration

      10. 44A. Duty to notify changes to information relating to registered interest

      11. 45. Deletion of community interest in land

      12. 46. Re-registration of community interest

   3. Chapter 3 Activation of right to buy

      1. 47. Activation of right to buy

      2. 48. Duties on owner, or creditor, proposing to transfer land

      3. 49. Procedure following receipt of notice under section 48

      4. 50. Power to activate right to buy land where breach of this Part

   4. Chapter 4 Procedure after activation of right to buy

      1. 51. Exercise of right to buy: approval of community and consent of Ministers

      2. 51A. Ballots under section 51: appointment of ballotter, etc.

      3. 51B. Consent under section 51: duty to provide information

      4. 51C. Circumstances affecting result of ballot

      5. 52. Ballot procedure

      6. 53. Provisions supplementary to section 51: salmon fishings and minerals

      7. 54. Declinature or extinction of right to buy

      8. 55. Right to buy same land exercisable by only one community body

      9. 56. Procedure for buying

      10. 57. Powers of Lands Tribunal in event of failure or delay

      11. 58. Procedure where right to buy activated by virtue of notice under section 50(3)

   5. Chapter 5 Valuation of land

      1. 59. Assessment of value of land

      2. 60. Procedure for valuation

      3. 60A. Liability of owner of land for valuation expenses

   6. Chapter 6 Appeals

      1. 61. Appeals

      2. 62. Appeals to Lands Tribunal: valuation

      3. 63. Compensation

      4. 64. Compensation appeals

   7. Chapter 7 General and miscellaneous provisions

      1. 65. Effect of right to buy on other rights

      2. 66. Amendment of Land Registration (Scotland) Act 1979

      3. 67. Construction of references to land in which community interest registered

      4. 67A. Calculation of time periods

      5. 67B. Duty to provide information about community right to buy

4. Part 3 The crofting community right to buy

   1. Chapter 1 General extent of crofting community right to buy

      1. 68. Land which may be bought: eligible croft land

      2. 69. Land which may be bought: salmon fishings and mineral rights

      3. 69A. Land which may be bought: interest of tenant over land

      4. 70. Land which may be bought in addition to eligible croft land

      5. 71. Crofting community bodies

      6. 72. Provisions supplementary to section 71

   2. Chapter 2 Exercise of right to buy

      1. 73. Application by crofting community body for consent to buy croft land etc.

      2. 74. Criteria for consent by Ministers

      3. 75. Ballot to indicate approval for purposes of section 74(1)(m)

      4. 76. Right to buy same croft land exercisable by only one crofting community body

      5. 77. Reference to Land Court of purchase of eligible additional land without owner’s consent

      6. 78. Modification of section 77(3)(a) to (e)

      7. 79. Additional land included at request of owner

      8. 80. Consent conditions

      9. 81. Reference to Land Court of questions on applications

      10. 82. Notification of Ministers' decision on application

      11. 83. Leaseback to owner of sporting interests

      12. 84. Effect on other rights of Ministers' decision on right to buy

      13. 85. Confirmation of intention to proceed with purchase and withdrawal

      14. 86. Completion of purchase

      15. 87. Completion of transfer

   3. Chapter 3 Valuation of croft land

      1. 88. Assessment of value of croft land etc.

      2. 88A. Acquisition of interest of tenant over land: allocation of rents etc.

      3. 89. Compensation

      4. 90. Grants towards crofting community bodies' liabilities to pay compensation

   4. Chapter 4 Appeals

      1. 91. Appeals

      2. 92. Appeals to Land Court: valuation

      3. 93. Agreement as to matters referred or appealed

   5. Chapter 5 General and miscellaneous provisions

      1. 94. Register of Crofting Community Rights to Buy

      2. 95. Avoidance of disposal other than to crofting community body

      3. 96. Limitation on effect of this Part

      4. 97. Scottish Land Court

      5. 97ZA. Meaning of creditor in standard security with right to sell

      6. 97A. Construction of certain references to “tenant”

5. Part 3A Community right to buy abandoned, neglected or detrimental land

   1. 97B. Meaning of “land”

   2. 97C. Right to buy eligible land

   3. 97D. Part 3A community bodies

   4. 97E. Provisions supplementary to section 97D

   5. 97F. Inclusion of applications for right to buy in Register of Applications by Community Bodies to Buy Land

   6. 97G. Right to buy: application for consent

   7. 97H. Criteria for consent

   8. 97J. Ballot to indicate approval for purposes of section 97H

   9. 97K. Right to buy same land exercisable by only one Part 3A community body

   10. 97L. Consent conditions

   11. 97M. Notification of Ministers' decision on application

   12. 97N. Effect of Ministers' decision on right to buy

   13. 97P. Confirmation of intention to proceed with purchase and withdrawal

   14. 97Q. Completion of purchase

   15. 97R. Completion of transfer

   16. 97S. Assessment of value of land etc.

   17. 97T. Compensation

   18. 97U. Grants towards Part 3A community bodies' liabilities to pay compensation

   19. 97V. Appeals

   20. 97W. Appeals to Lands Tribunal: valuation

   21. 97X. Reference to Lands Tribunal of questions on applications

   22. 97Y. Agreement as to matters referred or appealed

   23. 97Z. Interpretation of Part 3A

6. Part 4 General and supplementary

   1. 97Z1. Mediation

   2. 98. General and supplementary provisions

   3. 99. Amendments, repeals and savings

   4. 100. Short title, Crown application and commencement

7. 1. SCHEDULE 1

      Path orders

      1. Procedure

         1. 1. Procedure

         2. 2. That notice shall specify— (a) a time, being not later...

         3. 3. If no such objections are made or any made are...

         4. 4. If, however, an objection is made and not withdrawn, the...

         5. 5. Ministers— (a) may; and (b) if any objection made is...

         6. 6. Ministers shall, after considering the report of that person, either...

         7. 7. On its confirmation, the path order shall have effect.

         8. 8. As soon as a path order has effect, the local...

      2. Statutory undertakings

         1. 9. Statutory undertakings

         2. 10. Such consent shall not be unreasonably withheld and any question...

         3. 11. The operator of any electronic communications code network for the...

         4. 12. Paragraph 108(2) of Schedule 3A to the Communications Act 2003...

         5. 13. Part 6 of the electronic communications code (rights to require...

   2. SCHEDULE 2

      Amendment and repeal of enactments

      1. Trespass (Scotland) Act 1865 (c. 56)

         1. 1. Section 3 (which creates the offence of occupying or camping...

      2. Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 (c. 42)

         1. 2. In section 1(1) of the Acquisition of Land (Authorisation Procedure)...

      3. Countryside (Scotland) Act 1967 (c. 86)

         1. 3. Countryside (Scotland) Act 1967 (c. 86)

         2. 4. Subject to paragraphs 6 and 7 below, the following provisions—...

         3. 5. In section 47 (interpretation of Part III which deals with...

         4. 6. The coming into force of the repeal of Part II...

         5. 7. Notwithstanding the repeal of section 30 to 38, those sections...

      4. Civic Government (Scotland) 1982 (c. 45)

         1. 8. The Civic Government (Scotland) Act 1982 is amended as follows—...

      5. Public Order Act 1986 (c. 64)

         1. 9. In section 14A (prohibiting trespassory assemblies) of the Public Order...

      6. Criminal Justice and Public Order Act 1994 (c. 33)

         1. 10. Criminal Justice and Public Order Act 1994 (c. 33)

         2. 11. After section 61(4) (circumstances in which persons who, although not...

         3. 12. In section 64 (which, amongst other things, confers powers on...

         4. 13. In section 68 (offence of aggravated trespass) after subsection (1)...

      7. The Conservation (Natural Habitats, Etc.) Regulations 1994 (S.I. 1994/2716)

         1. 14. The Conservation (Natural Habitats, Etc.) Regulations 1994 (S.I. 1994/2716)

         2. 15. In regulation 3(2) there is inserted at the end— “...

         3. 16. After regulation 69 there is inserted— Core and other paths...

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

         1. 17. After subsection (3) of section 208 of the Town and...