http://www.legislation.gov.uk/id/asp/2016/18

http://www.legislation.gov.uk/asp/2016/18/section/128/2016-12-23

Land Reform (Scotland) Act 2016

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.

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Statute Law Database

2022-01-25

Expert Participation

2016-12-23

Land Reform (Scotland) Act 2016

specified provision(s)

The Land Reform (Scotland) Act 2016 (Commencement No. 6, Transitory and Saving Provisions) (Modern Limited Duration Tenancies) Miscellaneous Amendments Regulations 2017

reg. 3

PART 12General and miscellaneous

128Crown application

1

The Crown is not criminally liable in respect of any contravention of provision made in regulations under section 39.

2

But the Court of Session may, on an application by the Lord Advocate, declare unlawful any act or omission of the Crown which constitutes such a contravention.

3

Despite subsection (2), this Act applies to persons in the public service of the Crown as it applies to other persons.