Land Reform (Scotland) Act 2016

1. Introductory Text

2. PART 1 Land rights and responsibilities statement

   1. 1. Land rights and responsibilities statement

   2. 2. Publication and review of land rights and responsibilities statement

   3. 3. Duty to promote land rights and responsibilities statement

3. PART 2 The Scottish Land Commission

   1. CHAPTER 1 The Commission

      1. Establishment

         1. 4. The Scottish Land Commission

         2. 5. Status

      2. Functions of the Commission

         1. 6. Functions of the Commission

         2. 7. General powers

      3. Strategic plan and programme of work

         1. 8. Strategic plan

         2. 9. Programme of work

      4. Membership

         1. 10. Membership

         2. 11. Eligibility for appointment

         3. 12. Disqualification from membership

         4. 13. Resignation and removal

      5. Remuneration and staff

         1. 14. Remuneration, allowances and pensions

         2. 15. Staff

      6. Operational matters

         1. 16. Validity of things done

         2. 17. Committees

         3. 18. Regulation of procedure

      7. Accounts and annual report

         1. 19. Accounts

         2. 20. Annual report

      8. Application of public bodies legislation

         1. 21. Application of legislation relating to public bodies

   2. CHAPTER 2 The Land Commissioners

      1. Functions of the Land Commissioners

         1. 22. Functions of the Land Commissioners

      2. Land Commissioners: delegation of functions

         1. 23. Land Commissioners: delegation of functions

   3. CHAPTER 3 The Tenant Farming Commissioner

      1. Functions of the Tenant Farming Commissioner

         1. 24. Functions of the Tenant Farming Commissioner

         2. 25. Tenant Farming Commissioner: delegation of functions

         3. 26. Acting Tenant Farming Commissioner

      2. Tenant Farming Commissioner: codes of practice

         1. 27. Tenant Farming Commissioner: codes of practice

         2. 28. Tenant Farming Commissioner: promotion of codes of practice

      3. Tenant Farming Commissioner: inquiry function

         1. 29. Application to inquire into breach of code of practice

         2. 30. Procedure for inquiry

         3. 31. Enforcement powers

         4. 32. Notice of non-compliance penalty

         5. 33. Report on inquiry

         6. 34. Tenant Farming Commissioner: confidentiality of information

         7. 35. Protection from actions for defamation

      4. Tenant Farming Commissioner: review of operation of agents

         1. 36. Report on operation of agents of landlords and tenants

      5. Tenant Farming Commissioner: modern list of improvements

         1. 37. Recommendations by Tenant Farming Commissioner for modern list of improvements

      6. Tenant Farming Commissioner: power to refer questions of law to Land Court

         1. 38. Referral of questions of law by Tenant Farming Commissioner to Land Court

4. PART 3 Information about control of land etc.

   1. Information about persons with controlling interests in relation to land

      1. 39. Information about persons with controlling interests in owners and tenants of land

   2. Procedure for first regulations under section 39

      1. 40. Procedure for first regulations under section 39

      2. 41. Procedure for first regulations under section 39: consultation

      3. 42. Procedure for first regulations under section 39: explanatory document

   3. Information relating to proprietors of land etc.

      1. 43. Power of Keeper to request or require information relating to proprietors of land etc.

5. PART 4 Engaging communities in decisions relating to land

   1. 44. Guidance on engaging communities in decisions relating to land

6. PART 5 Right to buy land to further sustainable development

   1. Key terms

      1. 45. Meaning of “land”

      2. 46. Eligible land

      3. 47. Eligible land: salmon fishings and mineral rights

      4. 48. Eligible land: tenant's interests

      5. 49. Part 5 community bodies

      6. 50. Provisions supplementary to section 49

      7. 51. Interpretation of Part

   2. Register of Applications by Community Bodies to Buy Land

      1. 52. Register of Applications by Community Bodies to Buy Land

      2. 53. Inclusion in New Register of applications for right to buy abandoned, neglected or detrimental land

   3. Applications for consent

      1. 54. Right to buy: application for consent

      2. 55. Right to buy: application procedure

      3. 56. Right to buy: Ministers' decision on application

      4. 57. Ballot to indicate approval for purposes of section 56

      5. 58. Right to buy same land exercisable by only one Part 5 community body

      6. 59. Consent conditions

      7. 60. Notification of Ministers' decision on application

   4. Procedure following consent

      1. 61. Effect of Ministers' decision on right to buy

      2. 62. Confirmation of intention to proceed with purchase and withdrawal

      3. 63. Completion of purchase

      4. 64. Completion of transfer

      5. 65. Assessment of value of land etc.

      6. 66. Acquisition of interest of tenant over land: allocation of rents etc.

   5. Compensation

      1. 67. Compensation

      2. 68. Grants towards liabilities to pay compensation

   6. Appeals and references

      1. 69. Appeals to sheriff

      2. 70. Appeals to Lands Tribunal: valuation

      3. 71. Reference to Lands Tribunal of questions on applications

      4. 72. Agreement as to matters appealed

   7. Mediation

      1. 73. Mediation

7. PART 6 Entry in valuation roll of shootings and deer forests

   1. 74. Repeal of exclusion of shootings and deer forests from valuation roll

   2. 75. Valuation of shootings and deer forests

   3. 76. Net annual value of deer forests

8. PART 7 Common good land

   1. 77. Change of use of land forming part of the common good

9. PART 8 Deer management

   1. 78. Functions of deer panels

   2. 79. Review of compliance with code of practice on deer management

   3. 80. Deer management plans

   4. 81. Power to require return on number of deer planned to be killed

   5. 82. Increase in penalty for failure to comply with control scheme

10. PART 9 Access rights

    1. Core paths

       1. 83. Core paths plans

    2. Court applications

       1. 84. Access rights: service of court applications

11. PART 10 Agricultural holdings

    1. CHAPTER 1 Modern limited duration tenancies

       1. Modern limited duration tenancies

          1. 85. Modern limited duration tenancies: creation

          2. 86. Modern limited duration tenancies: subletting

          3. 87. Modern limited duration tenancies: termination and continuation

          4. 88. Modern limited duration tenancies: fixed equipment

          5. 89. Modern limited duration tenancies: irritancy

       2. Conversion of 1991 Act tenancies

          1. 90. Conversion of 1991 Act tenancies into modern limited duration tenancies

       3. Conversion of limited duration tenancies

          1. 91. Conversion of limited duration tenancies into modern limited duration tenancies

    2. CHAPTER 2 Repairing tenancies

       1. 92. Repairing tenancies: creation

       2. 93. Repairing tenancies: subletting

       3. 94. Repairing tenancies: termination, continuation and extension

       4. 95. Repairing tenancies: fixed equipment

       5. 96. Repairing tenancies: resumption of land by landlord

       6. 97. Repairing tenancies: irritancy

       7. 98. Repairing tenancies: compensation

    3. CHAPTER 3 Tenant's right to buy

       1. 99. Tenant's right to buy: removal of requirement to register

    4. CHAPTER 4 Sale where landlord in breach

       1. 100. Sale to tenant or third party where landlord in breach of order or award

    5. CHAPTER 5 Rent review

       1. 1991 Act tenancies: rent review

          1. 101. 1991 Act tenancies: rent review

       2. Limited duration tenancies, modern limited duration tenancies and repairing tenancies: rent review

          1. 102. Limited duration tenancies, modern limited duration tenancies and repairing tenancies: rent review

    6. CHAPTER 6 Assignation of and succession to agricultural tenancies

       1. Assignation

          1. 103. Assignation of 1991 Act tenancies

          2. 104. Assignation of limited duration tenancies

          3. 105. Assignation of modern limited duration tenancies

          4. 106. Assignation of repairing tenancies

       2. Succession

          1. 107. Bequest of 1991 Act tenancies

          2. 108. Limited duration tenancies, modern limited duration tenancies and repairing tenancies: succession

       3. Landlord's objection to tenant's successor

          1. 109. Objection by landlord to legatee or acquirer on intestacy

    7. CHAPTER 7 Relinquishing and assignation of 1991 Act tenancies

       1. 110. Tenant's offer to relinquish 1991 Act tenancy

       2. 111. Tenant's offer to relinquish 1991 Act tenancy: consequential modifications

    8. CHAPTER 8 Compensation for tenant's improvements

       1. Amnesty for tenant's improvements

          1. 112. Amnesty for certain improvements by tenant

          2. 113. Amendment of the Agricultural Holdings (Scotland) Acts

          3. 114. Amnesty notice

       2. Objection to amnesty notice and referral to Land Court

          1. 115. Objection by landlord

          2. 116. Referral to Land Court

       3. Agreements made during amnesty period

          1. 117. Amnesty agreements

       4. Resolution of disputes

          1. 118. Arbitration and other dispute resolution

    9. CHAPTER 9 Improvements by landlord

       1. 119. Notice required for certain improvements by landlord

       2. 120. Rent increase for certain improvements by landlord

    10. CHAPTER 10 Diversification

        1. 121. Use of land for non-agricultural purposes: objection to notice of diversification

        2. 122. Use of land for non-agricultural purposes: requests for information

    11. CHAPTER 11 Irritancy for non-payment of rent

        1. 123. Irritancy for non-payment of rent

12. PART 11 Small landholdings

    1. 124. Review of small landholdings legislation

13. PART 12 General and miscellaneous

    1. 125. General interpretation

    2. 126. Subordinate legislation

    3. 127. Ancillary provision

    4. 128. Crown application

    5. 129. Minor and consequential modifications

    6. 130. Commencement

    7. 131. Short title

14. 1. SCHEDULE 1

       RIGHT TO BUY LAND TO FURTHER SUSTAINABLE DEVELOPMENT: MINOR AND CONSEQUENTIAL MODIFICATIONS

       1. Land Reform (Scotland) Act 2003

          1. 1. (1) The Land Reform (Scotland) Act 2003 is amended as...

    2. SCHEDULE 2

       AGRICULTURAL HOLDINGS: MINOR AND CONSEQUENTIAL MODIFICATIONS

       1. PART 1 Modern limited duration tenancies and repairing tenancies

          1. Sheriff Courts (Scotland) Act 1907

             1. 1. (1) The Sheriff Courts (Scotland) Act 1907 is amended as...

          2. Law Reform (Miscellaneous Provisions) (Scotland) Act 1985

             1. 2. (1) The Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 is...

          3. 1991 Act

             1. 3. (1) The 1991 Act is amended as follows.

          4. Crofters (Scotland) Act 1993

             1. 4. (1) The Crofters (Scotland) Act 1993 is amended as follows....

          5. Children (Scotland) Act 1995

             1. 5. (1) The Children (Scotland) Act 1995 is amended as follows....

          6. Town and Country Planning (Scotland) Act 1997

             1. 6. (1) The Town and Country Planning (Scotland) Act 1997 is...

          7. 2003 Act

             1. 7. (1) The 2003 Act is amended as follows.

          8. Antisocial Behaviour etc. (Scotland) Act 2004

             1. 8. (1) The Antisocial Behaviour etc. (Scotland) Act 2004 is amended...

          9. Housing (Scotland) Act 2006

             1. 9. (1) The Housing (Scotland) Act 2006 is amended as follows....

       2. PART 2 Sale where landlord in breach

          1. 2003 Act

             1. 10. (1) The 2003 Act is amended as follows.

       3. PART 3 Rent reviews

          1. 1991 Act

             1. 11. (1) The 1991 Act is amended as follows.

          2. 2003 Act

             1. 12. (1) The 2003 Act is amended as follows.

          3. Agricultural Holdings (Amendment) (Scotland) Act 2012

             1. 13. (1) The Agricultural Holdings (Amendment) (Scotland) Act 2012 is amended...

       4. PART 4 Assignation and succession

          1. Succession (Scotland) Act 1964

             1. 14. (1) The Succession (Scotland) Act 1964 is amended as follows....

          2. 1991 Act

             1. 15. (1) The 1991 Act is amended as follows.

          3. 2003 Act

             1. 16. (1) The 2003 Act is amended as follows.

          4. Agricultural Holdings (Amendment) (Scotland) Act 2012

             1. 17. (1) The Agricultural Holdings (Amendment) (Scotland) Act 2012 is amended...

       5. PART 5 General modifications

          1. 1991 Act

             1. 18. (1) The 1991 Act is amended as follows.

          2. 2003 Act

             1. 19. (1) The 2003 Act is amended as follows.