- Latest available (Revised)
- Point in Time (01/11/2016)
- Original (As enacted)
Point in time view as at 01/11/2016.
Land Reform (Scotland) Act 2016,
PART 4
is up to date with all changes known to be in force on or before 17 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(1)The Scottish Ministers must issue guidance about engaging communities in decisions relating to land which may affect communities.
(2)In preparing guidance under subsection (1), the Scottish Ministers must have regard to the desirability of—
(a)promoting respect for, and observance of, relevant human rights,
(b)promoting respect for such internationally accepted principles and standards for responsible practices in relation to land as the Scottish Ministers consider to be relevant,
(c)encouraging equal opportunities (within the meaning of Section L2 of Part 2 of schedule 5 of the Scotland Act 1998),
(d)furthering the reduction of inequalities of outcome which result from socio-economic disadvantage, and
(e)furthering the achievement of sustainable development in relation to land.
(3)For the purposes of subsection (2)(a)––
(a)“relevant human rights” means such human rights as the Scottish Ministers consider to be relevant to the preparation of the guidance, and
(b)in considering what human rights are relevant human rights, Ministers may consult the Scottish Commission for Human Rights and such other persons or bodies as they consider appropriate.
(4)For the purposes of subsection (2)(b), “internationally accepted principles and standards for responsible practices in relation to land” include the principles and standards contained in the Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests in the context of National Food Security issued by the Food and Agriculture Organization of the United Nations and endorsed by the Committee on World Food Security on 11 May 2012.
(5)Guidance under subsection (1) must, in particular, include information about—
(a)the types of land and types of decision in relation to which community engagement should be carried out,
(b)the circumstances in which persons with control over land (for example, owners and occupiers) should carry out community engagement,
(c)the ways in which community engagement should be carried out (for example, by consulting or involving the community).
(6)Before issuing guidance under subsection (1), the Scottish Ministers must consult such persons as they consider appropriate.
(7)The Scottish Ministers must lay the first guidance issued under subsection (1) before the Scottish Parliament.
(8)The Scottish Ministers must prepare and lay before the Scottish Parliament reports—
(a)assessing the effectiveness of guidance under subsection (1), and
(b)setting out the Scottish Ministers' views on any further steps which should be taken to improve the effectiveness of the guidance.
(9)The first report under subsection (8) is to be laid before the Scottish Parliament no later than 3 years after the date on which guidance under subsection (1) is first issued.
(10)Subsequent reports under subsection (8) are to be laid before the Scottish Parliament no later than 5 years after the date on which the last such report was so laid.
(11)In this section “human rights” means—
(a)the Convention rights (within the meaning of section 1 of the Human Rights Act 1998), and
(b)other human rights contained in any international convention, treaty or other international instrument ratified by the United Kingdom, including the International Covenant on Economic, Social and Cultural Rights adopted and opened for signature, ratification and accession by General Assembly resolution 2200A (XXI) of 16 December 1966 subject to—
(i)any amendments in force in relation to the United Kingdom for the time being, and
(ii)any reservations, objections or interpretative declarations by the United Kingdom for the time being in force.
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: