Introductory Text
PART 1 Land rights and responsibilities statement
1.Land rights and responsibilities statement
2.Publication and review of land rights and responsibilities statement
3.Duty to promote land rights and responsibilities statement
PART 2 The Scottish Land Commission
CHAPTER 1 The Commission
Establishment
4.The Scottish Land Commission
5.Status
Functions of the Commission
6.Functions of the Commission
7.General powers
Strategic plan and programme of work
8.Strategic plan
9.Programme of work
Membership
10.Membership
11.Eligibility for appointment
12.Disqualification from membership
13.Resignation and removal
Remuneration and staff
14.Remuneration, allowances and pensions
15.Staff
Operational matters
16.Validity of things done
17.Committees
18.Regulation of procedure
Accounts and annual report
19.Accounts
20.Annual report
Application of public bodies legislation
21.Application of legislation relating to public bodies
CHAPTER 2 The Land Commissioners
Functions of the Land Commissioners
22.Functions of the Land Commissioners
Land Commissioners: delegation of functions
23.Land Commissioners: delegation of functions
CHAPTER 3 The Tenant Farming Commissioner
Functions of the Tenant Farming Commissioner
24.Functions of the Tenant Farming Commissioner
25.Tenant Farming Commissioner: delegation of functions
26.Acting Tenant Farming Commissioner
Tenant Farming Commissioner: codes of practice
27.Tenant Farming Commissioner: codes of practice
28.Tenant Farming Commissioner: promotion of codes of practice
Tenant Farming Commissioner: inquiry function
29.Application to inquire into breach of code of practice
30.Procedure for inquiry
31.Enforcement powers
32.Notice of non-compliance penalty
33.Report on inquiry
34.Tenant Farming Commissioner: confidentiality of information
35.Protection from actions for defamation
Tenant Farming Commissioner: review of operation of agents
36.Report on operation of agents of landlords and tenants
Tenant Farming Commissioner: modern list of improvements
37.Recommendations by Tenant Farming Commissioner for modern list of improvements
Tenant Farming Commissioner: power to refer questions of law to Land Court
38.Referral of questions of law by Tenant Farming Commissioner to Land Court
PART 3 Information about control of land etc.
Information about persons with controlling interests in relation to land
39.Information about persons with controlling interests in owners and tenants of land
Procedure for first regulations under section 39
40.Procedure for first regulations under section 39
41.Procedure for first regulations under section 39: consultation
42.Procedure for first regulations under section 39: explanatory document
Information relating to proprietors of land etc.
43.Power of Keeper to request or require information relating to proprietors of land etc.
PART 4 Engaging communities in decisions relating to land
44.Guidance on engaging communities in decisions relating to land
PART 5 Right to buy land to further sustainable development
Key terms
45.Meaning of “land”
46.Eligible land
47.Eligible land: salmon fishings and mineral rights
48.Eligible land: tenant's interests
49.Part 5 community bodies
50.Provisions supplementary to section 49
51.Interpretation of Part
Register of Applications by Community Bodies to Buy Land
52.Register of Applications by Community Bodies to Buy Land
53.Inclusion in New Register of applications for right to buy abandoned, neglected or detrimental land
Applications for consent
54.Right to buy: application for consent
55.Right to buy: application procedure
56.Right to buy: Ministers' decision on application
57.Ballot to indicate approval for purposes of section 56
58.Right to buy same land exercisable by only one Part 5 community body
59.Consent conditions
60.Notification of Ministers' decision on application
Procedure following consent
61.Effect of Ministers' decision on right to buy
62.Confirmation of intention to proceed with purchase and withdrawal
63.Completion of purchase
64.Completion of transfer
65.Assessment of value of land etc.
66.Acquisition of interest of tenant over land: allocation of rents etc.
Compensation
67.Compensation
68.Grants towards liabilities to pay compensation
Appeals and references
69.Appeals to sheriff
70.Appeals to Lands Tribunal: valuation
71.Reference to Lands Tribunal of questions on applications
72.Agreement as to matters appealed
Mediation
73.Mediation
PART 6 Entry in valuation roll of shootings and deer forests
74.Repeal of exclusion of shootings and deer forests from valuation roll
75.Valuation of shootings and deer forests
76.Net annual value of deer forests
PART 7 Common good land
77.Change of use of land forming part of the common good
PART 8 Deer management
78.Functions of deer panels
79.Review of compliance with code of practice on deer management
80.Deer management plans
81.Power to require return on number of deer planned to be killed
82.Increase in penalty for failure to comply with control scheme
PART 9 Access rights
Core paths
83.Core paths plans
Court applications
84.Access rights: service of court applications
PART 10 Agricultural holdings
CHAPTER 1 Modern limited duration tenancies
Modern limited duration tenancies
85.Modern limited duration tenancies: creation
86.Modern limited duration tenancies: subletting
87.Modern limited duration tenancies: termination and continuation
88.Modern limited duration tenancies: fixed equipment
89.Modern limited duration tenancies: irritancy
Conversion of 1991 Act tenancies
90.Conversion of 1991 Act tenancies into modern limited duration tenancies
Conversion of limited duration tenancies
91.Conversion of limited duration tenancies into modern limited duration tenancies
CHAPTER 2 Repairing tenancies
92.Repairing tenancies: creation
93.Repairing tenancies: subletting
94.Repairing tenancies: termination, continuation and extension
95.Repairing tenancies: fixed equipment
96.Repairing tenancies: resumption of land by landlord
97.Repairing tenancies: irritancy
98.Repairing tenancies: compensation
CHAPTER 3 Tenant's right to buy
99.Tenant's right to buy: removal of requirement to register
CHAPTER 4 Sale where landlord in breach
100.Sale to tenant or third party where landlord in breach of order or award
CHAPTER 5 Rent review
1991 Act tenancies: rent review
101.1991 Act tenancies: rent review
Limited duration tenancies, modern limited duration tenancies and repairing tenancies: rent review
102.Limited duration tenancies, modern limited duration tenancies and repairing tenancies: rent review
CHAPTER 6 Assignation of and succession to agricultural tenancies
Assignation
103.Assignation of 1991 Act tenancies
104.Assignation of limited duration tenancies
105.Assignation of modern limited duration tenancies
106.Assignation of repairing tenancies
Succession
107.Bequest of 1991 Act tenancies
108.Limited duration tenancies, modern limited duration tenancies and repairing tenancies: succession
Landlord's objection to tenant's successor
109.Objection by landlord to legatee or acquirer on intestacy
CHAPTER 7 Relinquishing and assignation of 1991 Act tenancies
110.Tenant's offer to relinquish 1991 Act tenancy
111.Tenant's offer to relinquish 1991 Act tenancy: consequential modifications
CHAPTER 8 Compensation for tenant's improvements
Amnesty for tenant's improvements
112.Amnesty for certain improvements by tenant
113.Amendment of the Agricultural Holdings (Scotland) Acts
114.Amnesty notice
Objection to amnesty notice and referral to Land Court
115.Objection by landlord
116.Referral to Land Court
Agreements made during amnesty period
117.Amnesty agreements
Resolution of disputes
118.Arbitration and other dispute resolution
CHAPTER 9 Improvements by landlord
119.Notice required for certain improvements by landlord
120.Rent increase for certain improvements by landlord
CHAPTER 10 Diversification
121.Use of land for non-agricultural purposes: objection to notice of diversification
122.Use of land for non-agricultural purposes: requests for information
CHAPTER 11 Irritancy for non-payment of rent
123.Irritancy for non-payment of rent
PART 11 Small landholdings
124.Review of small landholdings legislation
PART 12 General and miscellaneous
125.General interpretation
126.Subordinate legislation
127.Ancillary provision
128.Crown application
129.Minor and consequential modifications
130.Commencement
131.Short title
SCHEDULE 1
RIGHT TO BUY LAND TO FURTHER SUSTAINABLE DEVELOPMENT: MINOR AND CONSEQUENTIAL MODIFICATIONS
Land Reform (Scotland) Act 2003
1.(1) The Land Reform (Scotland) Act 2003 is amended as...
SCHEDULE 2
AGRICULTURAL HOLDINGS: MINOR AND CONSEQUENTIAL MODIFICATIONS
PART 1 Modern limited duration tenancies and repairing tenancies
Sheriff Courts (Scotland) Act 1907
1.(1) The Sheriff Courts (Scotland) Act 1907 is amended as...
Law Reform (Miscellaneous Provisions) (Scotland) Act 1985
2.(1) The Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 is...
1991 Act
3.(1) The 1991 Act is amended as follows.
Crofters (Scotland) Act 1993
4.(1) The Crofters (Scotland) Act 1993 is amended as follows....
Children (Scotland) Act 1995
5.(1) The Children (Scotland) Act 1995 is amended as follows....
Town and Country Planning (Scotland) Act 1997
6.(1) The Town and Country Planning (Scotland) Act 1997 is...
2003 Act
7.(1) The 2003 Act is amended as follows.
Antisocial Behaviour etc. (Scotland) Act 2004
8.(1) The Antisocial Behaviour etc. (Scotland) Act 2004 is amended...
Housing (Scotland) Act 2006
9.(1) The Housing (Scotland) Act 2006 is amended as follows....
PART 2 Sale where landlord in breach
10.(1) The 2003 Act is amended as follows.
PART 3 Rent reviews
11.(1) The 1991 Act is amended as follows.
12.(1) The 2003 Act is amended as follows.
Agricultural Holdings (Amendment) (Scotland) Act 2012
13.(1) The Agricultural Holdings (Amendment) (Scotland) Act 2012 is amended...
PART 4 Assignation and succession
Succession (Scotland) Act 1964
14.(1) The Succession (Scotland) Act 1964 is amended as follows....
15.(1) The 1991 Act is amended as follows.
16.(1) The 2003 Act is amended as follows.
17.(1) The Agricultural Holdings (Amendment) (Scotland) Act 2012 is amended...
PART 5 General modifications
18.(1) The 1991 Act is amended as follows.
19.(1) The 2003 Act is amended as follows.