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.
EnactedThe Bill for this Act of the Scottish Parliament was passed by the Parliament on 16th March 2016 and received Royal Assent on 22nd April 2016
PART 1 Land rights and responsibilities statement¶
(1)The Scottish Ministers must prepare and publish a land rights and responsibilities statement.(2)A “land rights and responsibilities statement” is a statement of principles for land rights and responsibilities in Scotland.(3)In preparing the statement, 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,(e)supporting and facilitating community empowerment,(ea)promoting, facilitating and supporting the Gaelic language,(f)increasing the diversity of land ownership, and(g)furthering the achievement of sustainable development in relation to land.(4)For the purposes of subsection (3)(a)––(a)“relevant human rights” means such human rights as the Scottish Ministers consider to be relevant to the preparation of the statement, 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.(5)For the purposes of subsection (3)(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.(6)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.
I112 Publication and review of land rights and responsibilities statement¶
(1)The Scottish Ministers must publish the first land rights and responsibilities statement and lay it before the Scottish Parliament before the end of the period of 12 months beginning with the day on which this section comes into force.(2)Before complying with subsection (1), the Scottish Ministers must publish a draft of the statement and consult such persons as they consider appropriate.(3)The Scottish Ministers must lay before the Scottish Parliament a report setting out—(a)the consultation process undertaken in order to comply with subsection (2), and(b)the ways in which views expressed during that process have been taken account of in preparing the statement (or stating that no account has been taken of such views).(4)The Scottish Ministers must review the first statement before the end of the period of 5 years beginning with the day on which the Scottish Ministers published the statement.(5)In carrying out the review of the statement, the Scottish Ministers must consult such persons as they consider appropriate.(6)If, following the review under subsection (4), the Scottish Ministers consider that it is not appropriate to prepare a revised statement, they must lay before the Scottish Parliament a report setting out—(a)the consultation process undertaken in order to comply with subsection (5), and(b)the reasons why they consider that it is not appropriate to prepare a revised statement.(7)If, following the review under subsection (4), the Scottish Ministers consider that it is appropriate to prepare a revised statement, they must—(a)publish the revised statement and lay it before the Scottish Parliament, and(b)lay before the Scottish Parliament a report setting out—(i)the consultation process undertaken in order to comply with subsection (5), and(ii)the reasons why they consider that it is appropriate to prepare a revised statement.(8)The Scottish Ministers must review the statement, or revised statement, before the end of each period of 5 years beginning with the day on which they last laid before the Scottish Parliament the report under subsection (6) or, as the case may be, (7)(b).(9)Subsections (5) to (7) apply to the review of a statement, or revised statement, under subsection (8) as they apply to the review of the first statement under subsection (4).
I903 Duty to promote land rights and responsibilities statement¶
The Scottish Ministers must, in exercising their functions and so far as reasonably practicable, promote the principles set out in the land rights and responsibilities statement.
I12(1)The Scottish Land Commission (in Gaelic, Coimisean Fearainn na h-Alba) is established by this section.(2)In this Act, it is referred to as “the Commission”.(3)The Commission is a body corporate.(4)The Commission is to consist of the following members—(a)five Land Commissioners, and(b)the Tenant Farming Commissioner.I12(5)The Scottish Ministers may by regulations amend subsection (4)(a) so as to alter the number of Land Commissioners.I61(6)The Commission has the functions conferred by section 6.I61(7)The Land Commissioners have the functions conferred by section 22.I61(8)The Tenant Farming Commissioner has the functions conferred by section 24.
(1)The Commission is not a servant or agent of the Crown.(2)It does not enjoy any status, immunity or privilege of the Crown.(3)Its property is not property of, or property held on behalf of, the Crown.(4)Its members and staff—(a)are not servants or agents of the Crown,(b)have no status, immunity or privilege of the Crown,(c)are not to be regarded as civil servants.
The functions of the Commission are—(a)to provide the Land Commissioners and Tenant Farming Commissioner with the property, staff and services needed to perform their respective functions, and(b)to make such arrangements as are appropriate and practicable for the co-ordination of the performance of those respective functions.
(1)The Commission may do anything which it considers—(a)to be necessary or expedient for the purposes of, or in connection with, the exercise of—(i)its functions,(ii)the functions of the Land Commissioners,(iii)the functions of the Tenant Farming Commissioner,(b)to be conducive to the exercise of those respective functions.(2)In particular, the Commission may—(a)enter into contracts,(b)acquire and dispose of land,(c)co-operate with any person,(d)obtain advice or assistance from any person who is, in the Commission's opinion, qualified to give it,(e)pay any such person such fees, remuneration and allowances as the Commission may determine.
(1)The Commission must prepare a strategic plan setting out how the Commission, the Land Commissioners and the Tenant Farming Commissioner propose to exercise their respective functions for the period to which the plan relates.(2)A strategic plan must, in particular, set out—(a)the objectives and priorities of—(i)the Commission,(ii)the Land Commissioners,(iii)the Tenant Farming Commissioner,(b)estimates of the costs of the exercise of their respective functions of—(i)the Commission,(ii)the Land Commissioners,(iii)the Tenant Farming Commissioner.(3)The Commission must submit the strategic plan to the Scottish Ministers—(a)in the case of the first plan, before the end of the period of 6 months beginning with the day on which this section comes into force,(b)in the case of each subsequent plan, before the end of the period of 3 years beginning with the day on which the Commission last submitted its strategic plan.(4)The Scottish Ministers may—(a)approve the strategic plan,(b)approve the strategic plan with such modifications as they consider appropriate in consultation with the Commission,(c)reject the strategic plan and direct the Commission to submit a revised plan before the end of such period as the Scottish Ministers may determine.(5)Where the Scottish Ministers approve the strategic plan under subsection (4)(a) or (4)(b), the Commission must as soon as practicable—(a)publish the plan in such form as it considers appropriate, and(b)lay a copy of the plan before the Scottish Parliament.(6)The Commission—(a)must comply with any direction to submit a revised strategic plan under subsection (4)(c),(b)may from time to time submit a revised strategic plan.(7)Subsections (4) and (5) apply to a revised strategic plan as they apply to a strategic plan.
(1)The Land Commissioners must prepare a programme of work setting out—(a)information on any proposed reviews under section 22(1)(a),(b)information on any other activities,(c)timetables for the programme.(2)The Commission must submit the Land Commissioners' programme of work to the Scottish Ministers when it submits the strategic plan under section 8.(3)The Commission must—(a)publish the programme of work in such form as it considers appropriate, and(b)lay a copy of the programme before the Scottish Parliament.(4)The Commission may from time to time submit a revised programme of work.(5)Subsection (3) applies to a revised programme of work as it applies to a programme of work.
(1)The Scottish Ministers are to appoint the members of the Commission.(2)The Scottish Ministers may appoint a person as a member only if the Scottish Parliament has approved the appointment.(3)Each member is to be appointed for such period, not exceeding 5 years, as the Scottish Ministers may determine.(4)Subject to sections 11, 12 and 13, an appointed member holds and vacates office on such terms and conditions as the Commission may, with the approval of the Scottish Ministers, determine.(5)The Scottish Ministers may reappoint as a member a person who is or has been a member.(6)Subsections (2) and (3) apply to a reappointment under subsection (5) as they apply to an appointment under subsection (1).(7)The Scottish Ministers must select one of the Land Commissioners to chair the Commission.
(1)In appointing members to the Commission, the Scottish Ministers must—(a)have regard among other things to the desirability of the Commission (taken as a whole) having expertise or experience in—(i)land reform,(ii)law,(iii)finance,(iv)economic issues,(v)planning and development,(vi)land management,(vii)community empowerment,(viii)environmental issues,(ix)human rights,(x)equal opportunities,(xi)the reduction of inequalities of outcome which result from socio-economic disadvantage, and(b)encourage equal opportunities and in particular the observance of the equal opportunity requirements.(2)In appointing the Land Commissioners, the Scottish Ministers must take every reasonable step to ensure that at least one of the Commissioners is a speaker of the Gaelic language.(3)In appointing the Tenant Farming Commissioner, the Scottish Ministers must ensure that the person appointed has expertise or experience in agriculture.(4)When the Scottish Ministers refer an appointment to the Scottish Parliament for approval under section 10(2), they must lay before the Scottish Parliament a statement as to how they have complied with the duties in subsections (1) to (3).(5)In subsection (1) “equal opportunities” and “equal opportunity requirements” have the same meanings as in Section L2 of Part 2 of schedule 5 of the Scotland Act 1998.
I17(1)A person may not be appointed as a member of the Commission if that person is or has been at any time during the previous 12 months—(a)a member of the House of Commons,(b)a member of the Scottish Parliament,(c)a member of the European Parliament,(d)an officer-holder of the Scottish Administration,(e)a councillor of any local authority.I17(2)A person may not be appointed as the Tenant Farming Commissioner if that person is the owner or tenant of land subject to a relevant tenancy.(3)In this Part “relevant tenancy” means—I17(a)a tenancy to which the 1991 Act applies, orI18(b)a tenancy under sections 4, 5, 5A or 5C of the 2003 Act (new types of tenancy).I17(4)A person's appointment as a member ceases if, during the person's period of appointment, any of subsection (1)(a) to (e) applies to that person.I17(5)A person's appointment as the Tenant Farming Commissioner ceases if, during the person's period of appointment, subsection (2) applies to that person.
(1)A member of the Commission may resign at any time by giving notice in writing to the Scottish Ministers.(2)The Scottish Ministers may by giving notice in writing revoke the appointment of a person as a member if satisfied that the person—(a)is insolvent,(b)has been convicted of a criminal offence in relation to which the member has been sentenced to imprisonment for a period of 3 months or more,(c)is incapacitated by physical illness or mental disorder,(d)has been absent from meetings of the Commission for a period exceeding 6 months without the permission of the Commission, or(e)is otherwise unable or unfit to exercise any of the functions of a member or is unsuitable to continue as a member.(3)For the purposes of subsection (2)(a) a person becomes insolvent when—(a)the person's estate is sequestrated,(b)the person grants a trust deed for creditors or makes a composition or arrangement with creditors,(c)a voluntary arrangement proposed by the person is approved,(d)the person's application for a debt payment programme is approved under section 2 of the Debt Arrangement and Attachment (Scotland) Act 2002, or(e)the person becomes subject to any other kind of order or arrangement analogous to those described in paragraphs (a) to (d) anywhere in the world.
(1)The Commission may pay its members and employees—(a)such remuneration as the Commission may, with the approval of the Scottish Ministers, determine, and(b)such allowances in respect of expenses properly incurred in the exercise of the Commission's functions as may be so determined.(2)The Commission may, with the approval of the Scottish Ministers—(a)pay (or make arrangements for the payment of),(b)make payments towards the provision of,(c)provide and maintain schemes (whether contributory or not) for the payment of,such pensions, allowances or gratuities to any member or employee or former member or employee of the Commission as the Commission may determine.(3)Those pensions, allowances or gratuities may include pensions, allowances or gratuities by way of compensation for loss of office.
(1)The Commission is to employ a person as chief executive.(2)The first chief executive is to be appointed by the Scottish Ministers on such terms as they may determine.(3)Each subsequent chief executive is to be appointed—(a)by the Commission with the approval of the Scottish Ministers,(b)on such terms and conditions as the Commission may, with the approval of the Scottish Ministers, determine.(4)The Commission may employ any other staff necessary for the exercise of its functions.(5)The Commission's staff are to be employed on such terms and conditions as the Commission may, with the approval of the Scottish Ministers, determine.
The validity of anything done by the Commission is not affected by—(a)a vacancy in membership,(b)a defect in the appointment of a member,(c)a person's membership having ended under section 13.
(1)The Commission may establish committees for any purpose relating to—(a)its functions,(b)the functions of the Land Commissioners,(c)the functions of the Tenant Farming Commissioner.(2)The Commission may authorise any committee to exercise such of its functions, and to such extent, as it may determine.(3)Nothing in subsection (2) affects the responsibility of the Commission for the exercise of its functions.(4)The Commission may appoint a person who is not a member of the Commission to be a member of a committee.(5)The Commission may pay to a person who is not a member of the Commission and who is appointed to a committee—(a)such remuneration as the Commission may, with the approval of the Scottish Ministers, determine, and(b)such allowances in respect of expenses properly incurred in the exercise of the functions of the Commission, of the Land Commissioners or of the Tenant Farming Commissioner as may be so determined.(6)A committee must comply with any directions given to it by the Commission.
(1)The Commission must establish and maintain a register of interests.(2)Otherwise, the Commission may regulate its own procedure and those of its committees, including the quorum at any meeting.
(1)The Commission must—(a)keep proper accounts and accounting records,(b)prepare in respect of each financial year a statement of accounts.(2)The Commission must send a copy of the statement of accounts to the Scottish Ministers by such date as the Scottish Ministers may direct.(3)The Commission must comply with any other directions which the Scottish Ministers may give them in relation to the matters mentioned in subsection (1).(3A)The Scottish Ministers must, as soon as reasonably practicable after receiving a copy statement of accounts from the Commission, send it to the Auditor General for Scotland for auditing.(4)The Commission must make its audited statement of accounts and accounting records available so that they may be inspected by any person.
(1)As soon as practicable after the end of each financial year, the Commission must prepare a report setting out—(a)an assessment of its performance in carrying out its functions, including—(i)the functions of the Commission,(ii)the functions of the Land Commissioners,(iii)the functions of the Tenant Farming Commissioner,(b)an assessment of the performance by the Commission and its members in achieving the main objectives set out in any strategic plan having effect during that year,(c)an assessment of the performance by the Land Commissioners in relation to any programme of work having effect during that year,(d)such other information as the Commission considers appropriate.(2)The Commission must—(a)publish each annual report in such form as the Commission considers appropriate,(b)provide a copy of each annual report to the Scottish Ministers, and(c)lay a copy of each annual report before the Scottish Parliament.(3)The Commission—(a)may publish such other reports and information on matters relevant to its functions as it considers appropriate,(b)where it does so, must lay a copy of each report before the Scottish Parliament.
21 Application of legislation relating to public bodies¶
I27(1)In the Ethical Standards in Public Life etc. (Scotland) Act 2000, in schedule 3 (devolved public bodies), at the appropriate place in alphabetical order insert— “
The Scottish Land Commission
”.I27(2)In the Freedom of Information (Scotland) Act 2002, in Part 7 of schedule 1 (Scottish public authorities: others), after paragraph 90 insert—.I65(3)In the Public Services Reform (Scotland) Act 2010—(a)in schedule 5 (improvement of public functions: listed public bodies), at the appropriate place in alphabetical order insert— “
Scottish Land Commission
”,(b)in schedule 8 (information on exercise of public functions: listed public bodies), at the appropriate place in alphabetical order insert— “
Scottish Land Commission
”.
I82(1)The functions of the Land Commissioners are, on any matter relating to land in Scotland—(a)to review the impact and effectiveness of any law or policy,(b)to recommend changes to any law or policy,(c)to gather evidence,(d)to carry out research,(e)to prepare reports,(f)to provide information and guidance.I82(2)The Land Commissioners must consider and advise on any such matter as the Scottish Ministers may refer to them.(3)In exercising their functions the Land Commissioners must—(a)have regard to—I91(i)the land rights and responsibilities statement prepared under section 1 or revised under section 2,I82(ii)the strategic plan prepared under section 8,I82(iii)the programme of work prepared under section 9,I82(b)collaborate with the Tenant Farming Commissioner.I82(4)In so far as the exercise of their functions relates to agriculture and agricultural holdings, the Land Commissioners must have regard to the exercise of the Tenant Farming Commissioner's functions conferred by section 24.I82(5)In this section a “matter relating to land in Scotland” includes—(a)ownership and other rights in land,(b)management of land,(c)use of land,(d)the land use strategy prepared under section 57 of the Climate Change (Scotland) Act 2009 ,(e)the effects of natural capital markets in relation to other matters relating to land in Scotland,(f)the relationship between scale and concentrations of land holdings and local economic development,(g)the desirability of achieving a more diverse pattern of landownership comprising more landowners and different types of landowners,(h)measures to prevent depopulation and support the repopulation of land and the sustainability of communities.(6)In subsection (5) “natural capital market” means the trading of units or credits which are generated through a registration scheme for projects to restore or improve the natural environment.
I6623 Land Commissioners: delegation of functions¶
(1)The Land Commissioners may authorise the following to exercise such of their functions, and to such extent, as they may determine—(a)any committee,(b)any employee of the Commission,(c)any other person.(2)Nothing in subsection (1) affects the responsibility of the Land Commissioners for the exercise of their functions.
I6724 Functions of the Tenant Farming Commissioner¶
(1)The functions of the Tenant Farming Commissioner are—(a)to prepare codes of practice on agricultural holdings in accordance with section 27,(b)to promote the codes of practice in accordance with section 28,(c)to inquire into alleged breaches of the codes of practice in accordance with sections 29 to 34,(d)to prepare a report on the operation of agents of landlords and tenants in accordance with section 36,(e)to prepare recommendations for a modern list of improvements to agricultural holdings in accordance with section 37,(f)to refer for the opinion of the Land Court any question of law relating to agricultural holdings in accordance with section 38,(g)to collaborate with the Land Commissioners in the exercise of their functions to the extent that those functions relate to agriculture and agricultural holdings,(h)to exercise any other functions conferred on the Commissioner by any enactment.(2)The Tenant Farming Commissioner must exercise the Commissioner's functions with a view to encouraging good relations between landlords and tenants of agricultural holdings.(3)The Scottish Ministers must—(a)review the Tenant Farming Commissioner's functions before the end of the period of 3 years beginning with the day on which this section comes into force,(b)publish the findings of the review as soon as practicable.(4)In carrying out a review under subsection (3), the Scottish Ministers must—(a)invite the Tenant Farming Commissioner to give views on the operation of the Commissioner's functions and, in particular, on whether the Commissioner's powers are sufficient in relation to the Commissioner's duties,(b)invite such other persons appearing to Ministers to have an interest in the Commissioner's functions to give views on the operation of those functions, and(c)have regard to any such views.(5)Following review under subsection (3), the Scottish Ministers may by regulations modify subsection (1) to—(a)amend the functions of the Tenant Farming Commissioner,(b)remove functions from the Tenant Farming Commissioner,(c)confer new functions on the Tenant Farming Commissioner.
I6825 Tenant Farming Commissioner: delegation of functions¶
(1)The Tenant Farming Commissioner may authorise the following to exercise such of the Commissioner's functions, and to such extent, as the Commissioner may determine—(a)any Land Commissioner,(b)any committee,(c)any employee of the Commission,(d)any other person.(2)But the Tenant Farming Commissioner may not authorise the function under section 24(1)(f) to be exercised by any other person.(3)Nothing in subsection (1) affects the responsibility of the Tenant Farming Commissioner for the exercise of the Commissioner's functions.
(1)The Scottish Ministers may appoint a person to carry out the functions of the Tenant Farming Commissioner during a period in which the office is vacant (an “acting Tenant Farming Commissioner”).(2)A person who is disqualified for appointment as Tenant Farming Commissioner is also disqualified for appointment as acting Tenant Farming Commissioner.(3)A person appointed as acting Tenant Farming Commissioner—(a)may, by giving notice in writing to the Scottish Ministers, resign at any time,(b)may be dismissed by the Scottish Ministers at any time,(c)in other respects, holds appointment on such terms and conditions as the Scottish Ministers may determine.(4)While holding appointment as acting Tenant Farming Commissioner, a person is to be treated as the Commissioner for all purposes other than those of sections 13 and 14.
27 Tenant Farming Commissioner: codes of practice¶
I70(1)The Tenant Farming Commissioner must prepare codes of practice for the purpose of providing practical guidance to landlords and tenants of agricultural holdings and their agents.(2)The codes of practice may include, among other things, provision about—I70(a)negotiating and conducting rent reviews,I70(b)agreeing and recording improvements by tenants,I70(c)negotiating the fulfilment of the obligations of landlords and tenants,I70(d)the conduct of agents of landlords and tenants,I70(e)the process of succession and assignation,I70(f)determining compensation at waygo,(g)negotiating the terms of a modern limited duration tenancy and a repairing tenancy,(h)the management of sporting leases, and(i)game management.I70(3)The Tenant Farming Commissioner must from time to time—(a)review the codes of practice,(b)revise the codes if the Commissioner considers it appropriate.I70(4)Before the Tenant Farming Commissioner publishes a code of practice under this section, the Commissioner must consult any persons appearing to the Commissioner to have an interest in the draft code.I70(5)After complying with subsection (4), the Tenant Farming Commissioner must—(a)publish the code in such form as the Commissioner considers appropriate, and(b)lay a copy of the code before the Scottish Parliament.I70(6)Subsections (4) and (5) apply to a revised code of practice as they apply to a code of practice.I70(7)A code of practice published under this section is admissible in evidence in any proceedings before the Land Court.I70(8)If any provision of a code of practice published under this section appears to the Land Court conducting any proceedings to be relevant to any question arising in the proceedings the Land Court must take that provision of the code into account in determining that question.I70(9)Subsections (7) and (8) apply to arbitration proceedings under section 61 of the 1991 Act or section 78 of the 2003 Act as they apply to Land Court proceedings.
I7128 Tenant Farming Commissioner: promotion of codes of practice¶
The Tenant Farming Commissioner is to promote the observance of the codes of practice issued under section 27, including by—(a)educating and advising about the codes,(b)supporting best practice in accordance with the codes among landlords and tenants of agricultural holdings and their agents,(c)encouraging good relations among landlords and tenants of agricultural holdings and their agents,(d)working in collaboration with other persons (whether in partnership or in other ways),(e)contributing to the development and delivery of policies and strategies in relation to agricultural holdings.
I7229 Application to inquire into breach of code of practice¶
(1)A person may apply to the Tenant Farming Commissioner to inquire into an alleged breach of a code of practice (an “alleged breach”) if the person—(a)has an interest in a relevant tenancy, or(b)would have an interest in a relevant tenancy but for the alleged breach.(2)An application under subsection (1) must contain—(a)the applicant's details,(b)details of each other person having an interest in the relevant tenancy, so far as the applicant is aware of them,(c)details of the alleged breach,(d)the provision of the code of practice that the alleged breach relates to.(3)Subject to subsection (5), an application must be accompanied by the appropriate fee set by the Tenant Farming Commissioner.(4)When setting the appropriate fee, the Tenant Farming Commissioner must have regard to the likely impact of the fee on the number of applications under subsection (1).(5)The Tenant Farming Commissioner may waive payment of the appropriate fee if the Commissioner considers that payment is likely to result in undue hardship to the applicant.(6)An application under subsection (1) is without prejudice to any time limit for proceedings in the Land Court under any enactment.
(1)The Tenant Farming Commissioner may inquire into an alleged breach only if satisfied that—(a)the applicant has an interest in a relevant tenancy, or would do so but for the alleged breach,(b)the application contains sufficient information to proceed to an inquiry, and(c)the application is not based on substantially the same facts as a previous application from the same applicant.(2)Where the Tenant Farming Commissioner is not satisfied that the application contains sufficient information to proceed to an inquiry, the Commissioner may require the applicant to provide such additional information as the Commissioner considers appropriate, by the end of such period as the Commissioner may specify.(3)The Tenant Farming Commissioner may dismiss the application by giving notice in writing to the applicant where—(a)the application does not meet the conditions in subsection (1),(b)a request by the Commissioner under subsection (2) for additional information has been made and the period specified for providing such information has expired, or(c)the Commissioner considers that a request under subsection (2) for additional information would not provide sufficient information to proceed to an inquiry.(4)Where the Tenant Farming Commissioner is satisfied that the application meets the conditions in subsection (1) the Commissioner must—(a)give notice in writing to the applicant and each other person with an interest in the relevant tenancy,(b)send a copy of the application to each of those persons, and(c)require a response to the application from each of them by the end of such period as the Commissioner may specify.
(1)The Tenant Farming Commissioner may at any time during an inquiry into a breach of a code of practice require any person to provide such information as the Commissioner considers appropriate for the purposes of the inquiry.(2)The Tenant Farming Commissioner may by serving notice in writing impose a monetary penalty (a “non-compliance penalty”) on a person for failing to comply with a requirement under—(a)section 30(4)(c),(b)subsection (1).(3)The amount of a non-compliance penalty is to be determined by the Tenant Farming Commissioner, but must not exceed £1000.(4)A non-compliance penalty must be paid to the Commission.(5)The Commission may recover any non-compliance penalty as a civil debt.
(1)A notice under section 31(2) must include information as to—(a)the grounds for imposing the non-compliance penalty,(b)the amount of the penalty,(c)how payment may be made,(d)the period within which payment must be made, which must be not less than 28 days beginning with the day on which the notice imposing the penalty is received,(e)rights of appeal, and(f)the consequences of failure to make payment within the period specified.(2)A person served with a notice imposing a non-compliance penalty may appeal to the Land Court against the notice on the ground that the decision to serve the notice—(a)was based on an error of fact,(b)was wrong in law, or(c)was unfair or unreasonable for any reason (for example because the amount is unreasonable).(3)An appeal under subsection (2) must be made within the period of 28 days beginning with the day on which the notice under section 31(2) is received.(4)Where an appeal under subsection (2) is made, the non-compliance penalty is suspended from the day on which the appeal is made until the day on which the appeal is determined or withdrawn.(5)On an appeal under subsection (2) the Land Court may overturn, confirm or vary the non-compliance penalty.
(1)As soon as practicable after an inquiry into an alleged breach is complete the Tenant Farming Commissioner must publish a report setting out—(a)where there is sufficient information for the Commissioner to reach a decision on breach of the code of practice —(i)the Commissioner's decision as to whether or not the code has been breached,(ii)the reasons for the Commissioner's decision,(iii)the relevant facts on which the Commissioner's decision is based,(iv)such recommendations as the Commissioner considers appropriate,(b)where there is not sufficient information for the Commissioner to reach a decision on breach of the code of practice, that finding.(2)A report published under this section is admissible as evidence in any proceedings before the Land Court.(3)If a report published under this section appears to the Land Court conducting any proceedings to be relevant to any question arising in the proceedings the Land Court must take that report into account in determining that question.(4)Subsections (2) and (3) apply to arbitration proceedings under section 61 of the 1991 Act or section 78 of the 2003 Act as they apply to Land Court proceedings.
I7734 Tenant Farming Commissioner: confidentiality of information¶
(1)A relevant person must not disclose any information which has been obtained by or on behalf of the Tenant Farming Commissioner for the purposes of an inquiry into a breach of a code of practice unless authorised to do so by subsection (2).(2)Disclosure is authorised for the purposes of subsection (1) only so far as—(a)it is necessary for the purpose of enabling or assisting the exercise by the Tenant Farming Commissioner of the Commissioner's functions under this Act,(b)it is made with the consent of each person to whom the information relates,(c)it is made for the purposes of civil proceedings,(d)it is made for the purposes of a criminal investigation or criminal proceedings or for the purposes of the prevention or detection of crime,(e)it is made in pursuance of an order of a court or tribunal,(f)it is made in accordance with any other enactment requiring or permitting the disclosure.(3)A person who knowingly contravenes subsection (1) commits an offence.(4)A person guilty of an offence under subsection (3) is liable—(a)on summary conviction, to a fine not exceeding the statutory maximum, or(b)on conviction on indictment, to a fine.(5)It is a defence for a person charged with an offence under subsection (3) to prove that the person reasonably believed—(a)that the disclosure was authorised under subsection (2), or(b)that the information had already lawfully been made available to the public.(6)In subsection (1) a “relevant person” means any individual who is or was—(a)the Tenant Farming Commissioner (or acting Tenant Farming Commissioner),(b)a Land Commissioner,(c)a member of the Commission's staff,(d)a person exercising functions on behalf of the Commission or its members.
(1)For the purposes of the law of defamation, any statement made by the Tenant Farming Commissioner in pursuance of the Commissioner's inquiry function under section 24(1)(c) has qualified privilege.(2)In subsection (1) “statement” has the meaning given by section 17 of the Defamation Act 1996.
Tenant Farming Commissioner: review of operation of agents¶
I7936 Report on operation of agents of landlords and tenants¶
(1)The Tenant Farming Commissioner must—(a)prepare a report on the operation of agents of landlords and tenants in relation to agricultural holdings,(b)submit the report to the Scottish Ministers before the end of the period of 12 months beginning with the day on which this section comes into force.(2)The report submitted to the Scottish Ministers under this section—(a)must include such recommendations as the Commissioner considers necessary to improve the operation of agents of landlords and tenants in relation to agricultural holdings,(b)may include such other recommendations as the Commissioner considers appropriate.(3)In preparing the report to the Scottish Ministers under this section, the Commissioner must consult any persons appearing to the Commissioner to have an interest in the operation of agents of landlords and tenants.
Tenant Farming Commissioner: modern list of improvements¶
I8037 Recommendations by Tenant Farming Commissioner for modern list of improvements¶
(1)The Tenant Farming Commissioner must—(a)prepare a report setting out recommendations for a modern list of improvements to agricultural holdings,(b)submit the report to the Scottish Ministers.(2)Before submitting the report to the Scottish Ministers under this section, the Commissioner must consult any persons appearing to the Commissioner to have an interest in the draft recommendations.
Tenant Farming Commissioner: power to refer questions of law to Land Court¶
I8138 Referral of questions of law by Tenant Farming Commissioner to Land Court¶
The Tenant Farming Commissioner may refer to the Land Court for determination any question of law which may competently be determined by the Land Court by virtue of any enactment.
Information about persons with controlling interests in relation to land¶
I117I15639 Information about persons with controlling interests in owners and tenants of land¶
(1)The Scottish Ministers must by regulations make provision—(a)requiring information to be provided about persons who have controlling interests in owners and tenants of land, and(b)about the publication of that information in a public register kept by the Keeper of the Registers of Scotland.(2)Regulations under subsection (1) may, in particular, include provision about—(a)which owners and tenants of land the regulations apply to,(b)what constitutes a controlling interest in an owner or tenant,(c)which persons are to be treated as having a controlling interest in an owner or tenant,(d)what information must be provided under the regulations (and the manner in which it is to be provided),(e)the circumstances in which information must be provided under the regulations,(f)publication of information required under the regulations (including the form of the register and the entry of the information in it),(g)the circumstances in which the information entered in the register may be corrected or updated,(h)the circumstances in which a person who has a controlling interest in an owner or tenant can request that information about that person not be published (including, in particular, where the publication of that information might result in the person being at a serious risk of violence or abuse, threat of violence or abuse or intimidation),(i)the effect of providing (or failing to provide) information required under the regulations,(j)sanctions for failure to comply with requirements imposed under the regulations,(k)delegation of functions under the regulations,(l)fees payable in relation to the provision, publication or accessing of information under the regulations,(m)appeals against decisions made under the regulations.(3)Regulations under subsection (1) may include provision for offences and civil penalties (including fixed penalties) for failure to comply with requirements imposed under the regulations.(4)Where regulations under subsection (1) include provision creating offences—(a)they must provide for those offences to be triable summarily only, and(b)they must provide for the maximum penalty for those offences to be a fine, which must not exceed level 5 on the standard scale.(5)Where regulations under subsection (1) include provision for the imposition of civil penalties, they must include provision about appeals against decisions to impose those penalties.(6)Regulations under subsection (1) may modify any enactment (including this Act).(7)The Scottish Ministers must, before laying a draft of any regulations under subsection (1) before the Scottish Parliament, consult—(a)the Keeper, and(b)such other persons as they consider appropriate.(8)Subsection (7) does not apply if section 40 applies.
I118I12640 Procedure for first regulations under section 39¶
The Scottish Ministers may not lay a draft of the first regulations under section 39(1) before the Scottish Parliament unless—(a)they have consulted in accordance with section 41, and(b)following that consultation, they have laid before the Scottish Parliament—(i)proposed draft regulations, and(ii)an explanatory document prepared in accordance with section 42.
I11941 Procedure for first regulations under section 39: consultation¶
(1)Before laying a draft of the first regulations under section 39(1) before the Scottish Parliament, the Scottish Ministers must consult—(a)the Keeper, and(b)such other persons as they consider appropriate.(2)For the purposes of any consultation required by subsection (1), the Scottish Ministers must—(a)lay before the Scottish Parliament—(i)a copy of the proposed draft regulations, and(ii)a copy of the proposed explanatory document referred to in section 40(b)(ii) (except the details required by section 42(1)(b)),(b)send a copy of the proposed draft regulations and proposed explanatory document to any person to be consulted under subsection (1), and(c)have regard to any representations about the proposed draft regulations that are made to them within the period of 60 days beginning with the date on which the copy of the proposed draft regulations is laid before the Parliament under paragraph (a).(3)In calculating any period of 60 days for the purposes of subsection (2)(c), no account is to be taken of any time during which the Parliament is dissolved or is in recess for more than 4 days.
I120I12742 Procedure for first regulations under section 39: explanatory document¶
(1)The explanatory document referred to in section 40(b)(ii) must—(a)give reasons for the provisions contained in the proposed draft regulations,(b)give details of—(i)any consultation undertaken under section 41,(ii)any representations received as a result of the consultation, and(iii)the changes (if any) made to the proposed draft regulations as a result of those representations.(2)Where a person making representations in response to consultation under section 41 has not consented to the disclosure of the representations, the Scottish Ministers must not disclose them under subsection (1)(b)(ii).(3)If information in representations made by a person in response to consultation under section 41 relates to another person, the Scottish Ministers must not disclose that information under subsection (1)(b)(ii) if or to the extent that—(a)it appears to the Scottish Ministers that the disclosure of that information could adversely affect the interests of that other person, and(b)the Scottish Ministers have been unable to obtain the consent of that other person to the disclosure.(4)Subsections (2) and (3) do not affect any disclosure that is requested by, and made to, a committee of the Parliament charged with reporting on the proposed draft regulations.
43 Power of Keeper to request or require information relating to proprietors of land etc.¶
(1)The Land Registration etc. (Scotland) Act 2012 is amended as follows.(2)After section 48 insert—.(3)In section 116 (subordinate legislation), in subsection (3), after paragraph (b) insert—.(4)In section 121 (Crown application)—(a)in subsection (1), after first “Crown” insert “
of a requirement imposed by regulations under section 48A or
”,(b)in subsection (3)—(i)for “section 112 applies” substitute “
regulations under section 48A and section 112 apply
”,(ii)for “it applies” substitute “
they apply
”.
PART 4 Engaging communities in decisions relating to land¶
I2844 Guidance on engaging communities in decisions relating to land¶
(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.
PART 5 Right to buy land to further sustainable development¶
(1)In this Part “land”—(a)includes—(i)bridges and other structures built on or over land,(ii)inland waters,(iii)canals,(iv)the foreshore, being the land between the high and low water marks of ordinary spring tides, and(v)salmon fishings in inland waters or mineral rights which are owned separately from the land in respect of which they are exigible,(b)does not include land consisting of any other separate tenement which is owned separately from the land in respect of which it is exigible.(2)In paragraph (a)(v) of subsection (1) “mineral rights” does not include rights to oil, coal, gas, gold or silver.(3)In this Part “inland waters” has the meaning given by section 69(1) of the Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003.
(1)The land which may be bought under this Part (“eligible land”) is any land other than excluded land.(2)In subsection (1) “excluded land” means—(a)land on which there is a building or other structure which is an individual's home, unless the building or structure is occupied by an individual under a tenancy,(b)such land pertaining to land of the type mentioned in paragraph (a) as the Scottish Ministers may by regulations specify,(c)croft land within the meaning of section 68(2) of the Land Reform (Scotland) Act 2003,(d)land which is owned or occupied by the Crown by virtue of its having vested as bona vacantia in the Crown, or its having fallen to the Crown as ultimus haeres,(e)land of such other descriptions or classes as the Scottish Ministers may by regulations specify.(3)The Scottish Ministers may by regulations make provision about—(a)the buildings and structures which are, or are to be treated as, a home for the purposes of subsection (2)(a),(b)the types of occupation and possession of land that are, or are to be treated as, a tenancy for the purposes of subsection (2)(a).
I13147 Eligible land: salmon fishings and mineral rights¶
(1)A Part 5 community body (as defined in section 49) may apply, under section 54, to buy eligible land which consists of salmon fishings or mineral rights only—(a)where—(i)it is simultaneously applying, or(ii)it has made an application in respect of which the Scottish Ministers have not made a decision,to buy the land to which such fishings or rights relate, or(b)during the relevant period.(2)Such an application may be made during the relevant period only where the Part 5 community body or, as the case may be, the third party purchaser (as defined in section 54(1)(b))—(a)has provided confirmation under section 62(1) or, as the case may be, (2) of its intention to proceed to buy the land to which the fishings or rights relate, or(b)has bought and retained that related land in accordance with the provisions of this Part.(3)In this section “relevant period” means the period beginning with the date on which the Scottish Ministers consented to the application under section 54 to buy the land to which the fishings or rights relate and ending—(a)where the Part 5 community body or, as the case may be, the third party purchaser does not proceed to exercise its right to buy that related land, on the date—(i)on which it withdraws, under section 62(3)(b) or, as the case may be, (4)(b), its confirmation so to proceed, or(ii)of its failure otherwise to complete the purchase, or(b)where the Part 5 community body or, as the case may be, the third party purchaser has bought and retained that related land—(i)in relation to salmon fishings, 1 year, or(ii)in relation to mineral rights, 5 years,after the date on which the Part 5 community body or the third party purchaser bought that land.
(1)This section applies where a tenancy which is not—(a)a croft tenancy,(b)the tenancy of a dwelling-house, or(c)such other kind of tenancy as the Scottish Ministers may by regulations specify,has been created over land at least part of which is eligible land.(2)In this section—
“principal subjects” means eligible land any part of which is the tenanted land,
“tenanted land” means the land over which the tenancy has been created.
(3)Where this section applies, a Part 5 community body may apply, under section 54, to buy the interest mentioned in subsection (4)—(a)where—(i)it is simultaneously applying, or(ii)it has made an application in respect of which the Scottish Ministers have not made a decision,to buy the principal subjects, or(b)if the conditions set out in subsection (5) are met, during the relevant period.(4)The interest is the interest of the tenant over so much of the tenanted land as is comprised within the principal subjects.(5)The conditions are that the Part 5 community body or, as the case may be, the third party purchaser—(a)has provided confirmation under section 62(1) or, as the case may be, (2) of its intention to proceed to buy the principal subjects, or(b)has bought and retained those subjects in accordance with the provisions of this Part.(6)In this section “relevant period” means the period beginning with the date on which the Scottish Ministers consented to the application under section 54 to buy the principal subjects and ending—(a)where the Part 5 community body or, as the case may be, the third party purchaser does not proceed to exercise its right to buy those subjects, on the date—(i)on which it withdraws, under section 62(3)(b) or, as the case may be, (4)(b), its confirmation so to proceed, or(ii)of its failure otherwise to complete the purchase, or(b)where the Part 5 community body or, as the case may be, the third party purchaser has bought and retained those subjects, 5 years after the date on which the Part 5 community body or the third party purchaser bought those subjects.(7)In this Part “tenant” includes sub-tenant.
(1)A Part 5 community body is, subject to subsection (7)—(a)where a body applies under section 54(1)(a) to exercise the right to buy itself, a body falling within subsection (2), (3) or (4),(b)where a body nominates a third party purchaser to exercise the right to buy under section 54(1)(b), a body falling within subsection (5),(c)a body of such other description as the Scottish Ministers may by regulations specify.(2)A body falls within this subsection if it is a company limited by guarantee the articles of association of which include the following—(a)a definition of the community to which the company relates,(b)provision enabling the company to exercise the right to buy land under this Part,(c)provision that the company must have not fewer than 10 members,(d)provision that at least three quarters of the members of the company are members of the community,(e)provision whereby the members of the company who consist of members of the community have control of the company,(f)provision ensuring proper arrangements for the financial management of the company,(g)provision that any surplus funds or assets of the company are to be applied for the benefit of the community, and(h)provision that, on the winding up of the company and after satisfaction of its liabilities, its property (including any land acquired by it under this Part) passes—(i)to such other community body as may be approved by the Scottish Ministers, or(ii)if no other community body is so approved, to the Scottish Ministers or to such charity as the Scottish Ministers may direct.(3)A body falls within this subsection if it is a Scottish charitable incorporated organisation (a “SCIO”) the constitution of which includes the following—(a)a definition of the community to which the SCIO relates,(b)provision enabling the SCIO to exercise the right to buy land under this Part,(c)provision that the SCIO must have not fewer than 10 members,(d)provision that at least three quarters of the members of the SCIO are members of the community,(e)provision under which the members of the SCIO who consist of members of the community have control of the SCIO,(f)provision ensuring proper arrangements for the financial management of the SCIO,(g)provision that, on the request of any person for a copy of the minutes of a meeting of the SCIO, the SCIO must, if the request is reasonable, give the person within 28 days of the request a copy of those minutes,(h)provision that, where a request of the type mentioned in paragraph (g) is made, the SCIO—(i)may withhold information contained in the minutes, and(ii)if it does so, must inform the person requesting a copy of the minutes of its reasons for doing so, and(i)provision that any surplus funds or assets of the SCIO are to be applied for the benefit of the community.(4)A body falls within this subsection if it is a community benefit society the registered rules of which include the following—(a)a definition of the community to which the society relates,(b)provision enabling the society to exercise the right to buy land under this Part,(c)provision that the society must have not fewer than 10 members,(d)provision that at least three quarters of the members of the society are members of the community,(e)provision under which the members of the society who consist of members of the community have control of the society,(f)provision ensuring proper arrangements for the financial management of the society,(g)provision that, on the request of any person for a copy of the minutes of a meeting of the society, the society must, if the request is reasonable, give the person within 28 days of the request a copy of those minutes,(h)provision that, where a request of the type mentioned in paragraph (g) is made, the society—(i)may withhold information contained in the minutes, and(ii)if it does so, must inform the person requesting a copy of the minutes of its reasons for doing so, and(i)provision that any surplus funds or assets of the society are to be applied for the benefit of the community.(5)A body falls within this subsection if it is a body corporate having a written constitution that includes the following—(a)a definition of the community to which the body relates,(b)provision that the majority of the members of the body are to be members of that community,(c)provision that the members of the body who consist of members of that community have control of the body,(d)provision that membership of the body is open to any member of that community,(e)a statement of the body's aims and purposes, including the promotion of a benefit for that community, and(f)provision that any surplus funds are to be applied for the benefit of that community.(6)The Scottish Ministers may, if they think it in the public interest to do so, disapply the requirement specified in subsection (2)(c), (3)(c) or (4)(c) in relation to any body they may specify.(7)A body is not a Part 5 community body unless the Scottish Ministers have given it written confirmation that they are satisfied that the main purpose of the body is consistent with furthering the achievement of sustainable development.(8)The Scottish Ministers may by regulations modify subsections (2), (3), (4), (5) and (6).(9)A community—(a)is defined for the purposes of subsection (2), (3), (4) and (5) by reference to a postcode unit or postcode units or a type of area as the Scottish Ministers may by regulations specify (or both such unit and type of area), and(b)comprises the persons from time to time—(i)resident in that postcode unit or in one of those postcode units or in that specified type of area, and(ii)entitled to vote, at a local government election, in a polling district which includes that postcode unit or those postcode units or that specified type of area (or part of it or them).(10)The articles of association of a company which is a Part 5 community body may, despite the generality of paragraph (h) of subsection (2), provide that its property may, in the circumstances mentioned in that paragraph, pass to another person only if that person is a charity.(11)In this section—
“charity” means a body entered in the Scottish Charity Register,
“community benefit society” means a registered society (within the meaning of section 1 of the Co-operative and Community Benefit Societies Act 2014) registered as a community benefit society under section 2 of that Act,
“company limited by guarantee” has the meaning given by section 3(3) of the Companies Act 2006,
“postcode unit” means an area in relation to which a single postcode is used to facilitate the identification of postal service delivery points within the area,
“registered rules” has the meaning given by section 149 of the Co-operative and Community Benefit Societies Act 2014 (as that meaning applies in relation to community benefit societies),
“Scottish charitable incorporated organisation” has the meaning given by section 49 of the Charities and Trustee Investment (Scotland) Act 2005.
(1)A Part 5 community body—(a)which has bought land under this Part, any part of which remains in its ownership, and(b)which modifies its memorandum, articles of association, constitution or registered rules (as defined in section 49(11)),must, as soon as possible after such modification, notify the Scottish Ministers in writing of the modification.(2)If the Scottish Ministers are satisfied that a Part 5 community body which has, under this Part, bought land would, had it not so bought that land, no longer be entitled to do so, they may acquire the land compulsorily.(3)Subsection (2) does not apply if the Part 5 community body would no longer be entitled to buy the land because the land is not eligible for the purposes of this Part.(4)Where the power conferred by subsection (2) is (or is to be) exercised in relation to land, the Scottish Ministers may by regulations make provision relating to, or to matters connected with, the acquisition of the land.(5)Regulations under subsection (4) may—(a)apply, modify or exclude any enactment which relates to any matter as to which regulations could be made under that subsection,(b)make such modifications of enactments as appear to the Scottish Ministers to be necessary or expedient in consequence of any provision of the regulations or otherwise in connection with the regulations.
(1)In this Part “Lands Tribunal” means the Lands Tribunal for Scotland.(2)Any reference in this Part to a creditor in a standard security with a right to sell land is a reference to a creditor who has such a right under—(a)section 20(2) or 23(2) of the Conveyancing and Feudal Reform (Scotland) Act 1970, or(b)a warrant granted under section 24(1) of that Act.(3)In calculating for the purposes of this Part any period of time within which an act requires to be or may be done, no account is to be taken of any public or local holidays in the place where the act is to be done.(4)Subsection (3) does not apply to a period of time specified in section 64(2), 69(7) or 70(3).
Register of Applications by Community Bodies to Buy Land¶
52 Register of Applications by Community Bodies to Buy Land¶
I121(1)The Keeper must set up and keep a register, to be known as the Register of Applications by Community Bodies to Buy Land (the “New Register”).I128(2)The New Register must be set up and kept so as to contain, in a manner and form convenient for public inspection, the following information and documents relating to each application to exercise the right to buy under this Part registered in it—(a)where the Part 5 community body which applied under section 54 is constituted by a company limited by guarantee, the name and address of the registered office of the company,(b)where the Part 5 community body which applied under section 54 is constituted by a Scottish charitable incorporated organisation (within the meaning given by section 49(11)), the name and address of the principal office of the Scottish charitable incorporated organisation,(c)where the Part 5 community body which applied under section 54 is constituted by a community benefit society (within the meaning given by section 49(11))—(i)the name of the society, and(ii)the address of the registered office of the society,(d)where the Part 5 community body which applied under section 54 is constituted by a body corporate having a written constitution, the name and address of the body corporate,(e)a copy of the application to exercise the right to buy under this Part,(f)a copy of any notification given under section 58(4)(b),(g)a copy of any notice given under section 60(1),(h)a copy of any notice given under section 61(2)(b),(i)a copy of any notice under section 62(1) or (2),(j)a copy of any notice under section 62(3)(a) or (b),(k)a copy of any notice under section 62(4)(a) or (b),(l)such other information as the Scottish Ministers consider appropriate.I128(3)Subject to subsection (4), any person who, under this Part, provides a document or other information, or makes a decision, which or a copy of which is to be registered in the New Register must, as soon as reasonably practicable after providing the document or other information or, as the case may be, making the decision, give it or a copy of it to the Keeper for the purpose of allowing it to be so registered.I128(4)If the Part 5 community body registering an application requires that any such information or document relating to that application and falling within subsection (5) as is specified in the requirement be withheld from public inspection, that information or document is to be kept by or on behalf of the Scottish Ministers separately from and not entered in the New Register.I128(5)Information or a document falls within this subsection if it relates to arrangements for the raising or expenditure of money to enable the land to which the application relates to be put to a particular use.I128(6)Nothing in subsection (4) or (5) requires an applicant Part 5 community body or a third party purchaser, or empowers the Scottish Ministers to require an applicant Part 5 community body or a third party purchaser, to submit to the Scottish Ministers any information or document within subsection (5).I128(7)The Scottish Ministers may by regulations modify—(a)paragraphs (a) to (k) of subsection (2),(b)subsection (4),(c)subsection (5).I128(8)Subsection (9) applies where—(a)a Part 5 community body changes its name,(b)a Part 5 community body which is constituted by a company limited by guarantee or by a community benefit society changes the address of its registered office,(c)a Part 5 community body which is constituted by a Scottish charitable incorporated organisation changes the address of its principal office, or(d)a Part 5 community body which is constituted by a body corporate having a written constitution changes its address.I128(9)The Part 5 community body must, as soon as reasonably practicable after the change is made, notify the Keeper of the change.(10)The Keeper must ensure—I121(a)that the New Register is, at all reasonable times, available for public inspection free of charge,I116I122(b)that members of the public are given facilities for getting copies of entries in the New Register on payment of such charges as the Scottish Ministers may by regulations specify, andI121(c)that any person requesting it is, on payment of such a charge, supplied with an extract entry certified to be a true copy of the original.I121(11)An extract so certified is sufficient evidence of the original.I121(12)In this Part “the Keeper” means—(a)the Keeper of the Registers of Scotland, or(b)such other person as the Scottish Ministers may appoint to carry out the Keeper's functions under this Part.I121(13)Different persons may be so appointed for different purposes.
I12353 Inclusion in New Register of applications for right to buy abandoned, neglected or detrimental land¶
(1)Section 97F of the Land Reform (Scotland) Act 2003 (as inserted by section 74 of the Community Empowerment (Scotland) Act 2015) is amended as follows.(2)For subsection (1) substitute—.(3)In subsection (2), for “Part 3A Register” substitute “
New Register
”.(4)In subsection (3), for “Part 3A” substitute “
New
”.(5)In subsection (4), before “Register” insert “
New
”.(6)Subsections (10) and (11) are repealed.(7)The title of the section becomes “
Inclusion of applications for right to buy in Register of Applications by Community Bodies to Buy Land
”.
(1)The right to buy under this Part may be exercised only by—(a)a Part 5 community body, or(b)where a Part 5 community body nominates in its application another person to exercise the right to buy, that person (a “third party purchaser”).(2)That right may be so exercised only with the consent of the Scottish Ministers given on the written application of the Part 5 community body.(3)That right may be exercised in relation to more than one holding of land or more than one tenancy but in order so to exercise the right an application must be made in respect of each such holding or tenancy and applications so made may be differently disposed of.(4)In subsection (3)—(a)a “holding” of land is land in the ownership of one person or in common or joint ownership, and(b)a “tenancy” is one where one person is entitled to the tenant's interest or there is a common or joint entitlement to that interest.(5)Such an application—(a)must be made in such form as the Scottish Ministers may by regulations require,(b)must specify—(i)the owner of the land,(ii)where the application is to buy a tenant's interest, the tenant, and(iii)any creditor in a standard security over the land or any part of it, and(c)must include or be accompanied by such information as the Scottish Ministers may by regulations specify including information (provided, where appropriate, by or by reference to maps or drawings) about the matters mentioned in subsection (6).(6)The matters are—(a)the reasons the Part 5 community body considers that its proposals for the land satisfy the sustainable development conditions set out in section 56(2) (or, where the application is to buy a tenant's interest, those conditions as modified by section 56(6)(a)),(b)the location and boundaries of the land in respect of which the right to buy is sought to be exercised (including, as the case may be, the land to which any tenant's interest relates),(c)all rights and interests in the land known to the Part 5 community body,(d)the proposed use, development and management of the land (including, as the case may be, the land to which any tenant's interest relates).(7)A Part 5 community body applying under this section must, at the same time as it applies—(a)send a copy of its application and the accompanying information to the owner of the land to which the application relates,(b)where its application is to buy a tenant's interest, send a copy of the application and the accompanying information to the tenant,(c)where the Part 5 community body nominates a third party purchaser, send a copy of the application and the accompanying information to the third party purchaser,(d)where there is a standard security in relation to the land or any part of it, send a copy of the application and the accompanying information to the creditor who holds the standard security and invite the creditor—(i)to notify the Part 5 community body and the Scottish Ministers, within 60 days of the sending of the invitation, if any of the circumstances set out in subsection (8) has arisen (or arises within 60 days of the sending of the invitation), and(ii)if such notice is given, to provide the Scottish Ministers, within that time, with the creditor's views in writing on the application.(8)Those circumstances are that—(a)a calling-up notice has been served by the creditor under section 19 of the Conveyancing and Feudal Reform (Scotland) Act 1970 in relation to the land which the Part 5 community body is seeking to exercise its right to buy or any part of the land and that notice has not been complied with,(b)a notice of default served by the creditor under section 21 of that Act in relation to the land or any part of the land has not been complied with and the person on whom the notice was served has not, within the period specified in section 22 of that Act, objected to the notice by way of application to the court,(c)where that person has so objected, the court has upheld or varied the notice of default,(d)the court has granted the creditor a warrant under section 24 of that Act in relation to the land or any part of the land.
(1)On receipt of an application under section 54, the Scottish Ministers must—(a)invite—(i)the owner of the land,(ii)where the application is to buy a tenant's interest, the tenant,(iii)any creditor in a standard security over the land or any part of it,(iv)where the application nominates a third party purchaser, the third party purchaser, and(v)any other person whom the Scottish Ministers consider to have an interest in the application,to send them, so as to be received not later than 60 days after the sending of the invitation, views in writing on the application,(b)take reasonable steps to invite the owners of all land contiguous to the land to which the application relates to send them, so as to be received not later than 60 days after the sending of the invitation, views in writing on the application, and(c)send copies of invitations given under paragraphs (a) and (b) to the Part 5 community body.(2)An invitation given under subsection (1)(a)(i) or (ii) must also invite the owner or, as the case may be, the tenant to give the Scottish Ministers information about—(a)the owner's or tenant's views on the likely impact on the owner or tenant of the proposals for the land or tenant's interest, including on the current use of the land or tenant's interest (and any intended use),(b)whether the owner or tenant considers that the proposals for the land or tenant's interest satisfy the sustainable development conditions set out in section 56(2) and, if not, the owner or tenant's reasons,(c)any rights or interests in the land of which the owner or tenant is aware that are not mentioned in the application, and(d)any other matter that the owner or tenant considers is relevant to the application.(3)The Scottish Ministers must, as soon as reasonably practicable after receiving an application, give public notice of it and of the date by which, under subsection (1)(a), views are to be received by them and, in that notice, invite persons to send to the Scottish Ministers, so as to be received by them not later than 60 days after the publication of the notice, views in writing on the application.(4)That public notice is to be given by advertisement in such manner as the Scottish Ministers may by regulations specify.(5)The Scottish Ministers must—(a)send copies of any views they receive under this section to the Part 5 community body, and(b)invite it to send them, so as to be received by them not later than 60 days after the sending of that invitation, its responses to these views.(6)The Scottish Ministers must, when considering whether to consent to an application under section 54, have regard to all views on it and responses to the views which they have received in answer to invitations under this section.(7)The Scottish Ministers must decline to consider an application which—(a)does not comply with the requirements of or imposed under section 54,(b)is otherwise incomplete, or(c)otherwise indicates that it is one which the Scottish Ministers would be bound to reject,and the Scottish Ministers are not required to comply with subsections (1) to (6) in relation to such an application.(8)The Scottish Ministers must not reach a decision on an application before—(a)the date which is 60 days after the last date on which the Part 5 community body may provide the Scottish Ministers with a response to the invitation given under subsection (5), or(b)if by that date the Lands Tribunal has not advised the Scottish Ministers of its finding on any question referred to it under section 71 in relation to the application, the date on which the Lands Tribunal provides the Scottish Ministers with that finding.(9)A Part 5 community body or, as the case may be, a third party purchaser may require the Scottish Ministers to treat as confidential any information or document relating to arrangements for the raising or expenditure of money to enable the land to be put to a particular use, being information or a document made available to the Scottish Ministers for the purposes of this section and section 54.
I13856 Right to buy: Ministers' decision on application¶
(1)The Scottish Ministers must not consent to an application to buy land under section 54 unless they are satisfied that—(a)the sustainable development conditions mentioned in subsection (2) are met, and(b)the procedural requirements mentioned in subsection (3) have been complied with.(2)The sustainable development conditions are met if—(a)the transfer of land is likely to further the achievement of sustainable development in relation to the land,(b)the transfer of land is in the public interest,(c)the transfer of land—(i)is likely to result in significant benefit to the relevant community (see subsection (11)) to which the application relates, and(ii)is the only practicable, or the most practicable, way of achieving that significant benefit, and(d)not granting consent to the transfer of land is likely to result in harm to that community.(3)The procedural requirements for an application to buy land have been complied with if—(a)before the period of 6 months ending with the day on which the application was made, the Part 5 community body has submitted a written request to the owner of the land to transfer the land to the community body or, as the case may be, to the third party purchaser named in the application and the owner has not responded or has not agreed to the request,(b)the land to which the application relates is eligible land,(c)the owner of the land is accurately identified in the application,(d)any creditor in a standard security over the land or any part of it is accurately identified in the application,(e)where the application nominates a third party purchaser, the third party purchaser—(i)is accurately identified in the application, and(ii)is shown to consent to the application,(f)the owner is not—(i)prevented from selling the land, or(ii)subject to any enforceable personal obligation (other than an obligation arising by virtue of any right suspended by regulations under section 61(3)) to sell the land otherwise than to the Part 5 community body or, as the case may be, the third party purchaser,(g)either—(i)a significant number of the members of the relevant community to which the application relates have a connection with the land,(ii)the land is sufficiently near to land with which those members of that community have a connection, or(iii)the land is in or sufficiently near to the area comprising that community,(h)the relevant community have approved the proposal to exercise the right to buy, and(i)the Part 5 community body complies with the provisions of section 49.(4)In determining whether an application to buy land meets the sustainable development conditions mentioned in subsection (2), the Scottish Ministers may take into account the extent to which, in relation to the relevant community, regard has been had to guidance issued under section 44.(5)Where an application relates to land which consists of salmon fishings or mineral rights only, the Scottish Ministers must not consent to the application unless they are also satisfied that the application complies with the requirements of section 47.(6)Where an application is to buy a tenant's interest, the Scottish Ministers must not consent to the application unless they are satisfied that—(a)the sustainable development conditions mentioned in subsection (2) are met in relation to the transfer of the tenant's interest (reading references in that subsection to “the transfer of land” as “the transfer of the tenant's interest”), and(b)the procedural requirements mentioned in subsection (7) have been complied with.(7)The procedural requirements for an application to buy a tenant's interest have been complied with if—(a)before the period of 6 months ending with the day on which the application was made, the Part 5 community body has submitted a written request to the tenant to assign the tenant's interest to the community body or, as the case may be, to the third party purchaser named in the application,(b)the application complies with the requirements of section 48,(c)the tenant whose interest the application relates to is accurately identified in the application,(d)the owner of the land is accurately identified in the application,(e)any creditor in a standard security over the land or any part of it is accurately identified in the application,(f)where the application nominates a third party purchaser, the third party purchaser—(i)is accurately identified in the application, and(ii)is shown to consent to the application,(g)either—(i)a significant number of the members of the relevant community to which the application relates have a connection with the land to which the tenancy relates,(ii)the land is sufficiently near to land with which those members of that community have a connection, or(iii)the land is in or sufficiently near to the area comprising that community,(h)the relevant community have approved the proposal to exercise the right to buy, and(i)the Part 5 community body complies with the provisions of section 49.(8)In determining whether an application to buy a tenant's interest meets the sustainable development conditions mentioned in subsection (2), the Scottish Ministers—(a)must take into account any related application under section 54 to buy the land to which the tenancy relates, and(b)may take into account the extent to which, in relation to the relevant community, regard has been had to guidance issued under section 44.(9)The Scottish Ministers may by regulations make provision about—(a)the form and content of requests referred to in subsections (3)(a) and (7)(a),(b)the form and content of responses to requests referred to in subsection (3)(a),(c)the circumstances in which owners of land are to be taken not to have responded or not to have agreed to requests referred to in subsection (3)(a).(10)In determining for the purposes of subsection (2)(b) whether a transfer of land or tenant's interest is in the public interest, the Scottish Ministers must—(a)take into account, in particular, any information given under section 55(2)(a),(b)consider the likely effect of granting (or not granting) consent to the transfer of land or tenant's interest on land use in Scotland.(11)For the purposes of subsections (2)(c)(i), (3)(g)(i), (4), (7)(g)(i) and (8)(b) “relevant community” means the community as defined in subsection (9) of section 49 (reading that subsection as if paragraph (b)(ii) were omitted).(12)In determining what constitutes significant benefit to the community for the purposes of subsection (2)(c) or harm to the community for the purposes of subsection (2)(d), the Scottish Ministers must consider the likely effect of granting (or not granting) consent to the transfer of land or tenant's interest on the lives of the persons comprising that community with reference to the following considerations—(a)economic development,(b)regeneration,(c)public health,(d)social wellbeing, and(e)environmental wellbeing.(13)In considering a decision under this section on an application under section 54, the Scottish Ministers must have regard to—(a)relevant non-Convention human rights, and(b)the desirability of encouraging equal opportunities (within the meaning of Section L2 of Part 2 of schedule 5 of the Scotland Act 1998).(14)In subsection (13)(a), “relevant non-Convention human rights” means such human rights other than the Convention rights (within the meaning of section 1 of the Human Rights Act 1998)—(a)as the Scottish Ministers consider to be relevant, and(b)which are 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 amendment 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.
I13957 Ballot to indicate approval for purposes of section 56¶
(1)The community, as defined in section 49 in relation to a Part 5 community body, are to be taken for the purposes of section 56(3)(h) and (7)(h) as having approved a proposal to exercise the right to buy if—(a)a ballot of the members of the community so defined has, during the period of 6 months which immediately preceded the date on which the application was made, been conducted by the Part 5 community body on the question whether the Part 5 community body or, as the case may be, the third party purchaser should buy the land or, as the case may be, the tenant's interest,(b)in the ballot—(i)at least half of the members of the community so defined have voted, or(ii)fewer than half of the members of the community so defined have voted but the proportion which voted is sufficient to justify the Part 5 community body's proceeding to buy the land or tenant's interest, and(c)the majority of those voting have voted in favour of the proposition that the Part 5 community body buy the land or tenant's interest.(2)The ballot is to be conducted as the Scottish Ministers may by regulations specify.(3)Regulations under subsection (2) must in particular include provision for—(a)the ascertainment and publication of—(i)the number of persons eligible to vote in the ballot,(ii)the number who did vote,(iii)the numbers of valid votes respectively cast for and against the proposition mentioned in subsection (1)(c), and(b)the form and manner in which the result of the ballot is to be published.(4)If the ballot is not conducted as specified by regulations under subsection (2), the right to buy is, so far as proceeding on that application, extinguished.(5)The Part 5 community body which conducts a ballot must, within 21 days of the ballot (or, if its application under section 54 is given before the expiry of that period, together with the application), and in the form of return specified by the regulations, notify the Scottish Ministers of—(a)the result,(b)the number of persons eligible to vote,(c)the number of persons who voted, and(d)the number of persons who voted in favour of the proposition mentioned in subsection (1)(c).(6)The Scottish Ministers may require the Part 5 community body—(a)to provide such information relating to the ballot as they think fit, and(b)to provide such information relating to any consultation with those eligible to vote in the ballot undertaken during the period in which the ballot was carried out as Ministers think fit.(7)Subject to subsection (8), the expense of conducting a ballot under this section is to be met by the Part 5 community body.(8)The Scottish Ministers may by regulations make provision enabling a Part 5 community body, in such circumstances as may be specified in the regulations, to apply to them to seek reimbursement of the expense of conducting a ballot under this section.(9)Regulations under subsection (8) may in particular make provision in relation to—(a)the circumstances in which a Part 5 community body may make an application by virtue of that subsection,(b)the method to be applied by the Scottish Ministers in calculating the expense of conducting the ballot,(c)the criteria to be applied by the Scottish Ministers in deciding whether to make a reimbursement to the applicant,(d)the procedure to be followed in connection with the making of—(i)an application to Ministers,(ii)an appeal against a decision made by Ministers in respect of an application,(e)persons who may consider such an appeal,(f)the powers of such persons.
I14058 Right to buy same land exercisable by only one Part 5 community body¶
(1)Only one Part 5 community body may apply under this Part in relation to the same land or tenant's interest.(2)Where two or more Part 5 community bodies apply under this Part in relation to the same land or tenant's interest, it is for the Scottish Ministers to decide which application is to proceed.(3)The Scottish Ministers may not make such a decision unless they have had regard to all views on each of the applications, and responses to the views, which they have received in answer to invitations under section 55.(4)On the Scottish Ministers so deciding—(a)any right to buy the land or tenant's interest which is the subject of the other body's application is, so far as proceeding on that application, extinguished, and(b)the Scottish Ministers must give notice in writing to—(i)the owner of the land,(ii)where the application is to buy a tenant's interest, the tenant,(iii)the Part 5 community bodies,(iv)where any application nominates a third party purchaser, the third party purchaser, and(v)every person who was invited, under section 55(1)(a), to send the Scottish Ministers views on the application.
The Scottish Ministers may make their consent to an application made under section 54 subject to conditions.
I14260 Notification of Ministers' decision on application¶
(1)The Scottish Ministers must give notice in writing of their decision on an application, and their reasons for it, to—(a)the applicant Part 5 community body,(b)the owner of the land to which the application relates,(c)where the application is to buy a tenant's interest, the tenant,(d)where the application nominates a third party purchaser, the third party purchaser,(e)every other person who was invited, under section 55(1)(a), to send them views on the application, and(f)the Keeper.(2)The notice must set out—(a)the land or, as the case may be, the tenant's interest to which the decision relates,(b)to whom the land is to be transferred or, as the case may be, to whom the tenant's interest is to be assigned,(c)where the Scottish Ministers' decision is to consent to the application, any conditions imposed under section 59,(d)information about the consequences of the decision notified and of the rights of appeal against it given by this Part, and(e)the date on which consent is given or refused.
I14361 Effect of Ministers' decision on right to buy¶
(1)The Scottish Ministers may by regulations make provision for or in connection with prohibiting, during such period as may be specified in the regulations, persons so specified from transferring or otherwise dealing with land or, as the case may be, a tenant's interest in respect of which a Part 5 community body has made an application under section 54.(2)Regulations under subsection (1) may in particular include provision—(a)specifying transfers or dealings which are not prohibited by the regulations,(b)requiring or enabling specified persons in specified circumstances to register specified notices in the New Register,(c)requiring, in such circumstances as may be specified in the regulations, such information as may be so specified to be incorporated into deeds relating to the land as may be so specified.(3)The Scottish Ministers may by regulations make provision for or in connection with suspending, during such period as may be specified in the regulations, such rights in or over land in respect of which a Part 5 community body has made an application under section 54 as may be so specified.(4)Regulations under subsection (3) may in particular include provision specifying—(a)rights to which the regulations do not apply,(b)rights to which the regulations do not apply in such circumstances as may be specified in the regulations.(5)Nothing in this Part—(a)affects the operation of an inhibition on the sale of the land,(b)prevents an action of adjudication from proceeding, or(c)affects the commencement, execution or operation of any other diligence.
I14462 Confirmation of intention to proceed with purchase and withdrawal¶
(1)Where an application made under section 54 does not nominate a third party purchaser, the right to buy of a Part 5 community body is exercisable only if, within 21 days of the date of receiving notice of assessed value under section 65(13), the Part 5 community body sends notice confirming intention to proceed to buy the land or, as the case may be, tenant's interest to—(a)the Scottish Ministers,(b)the owner of the land, and(c)where the application is to buy a tenant's interest, the tenant.(2)Where an application made under section 54 nominates a third party purchaser, the right to buy is exercisable only if, within 21 days of the date of receiving notice under section 65(13), both the third party purchaser and the Part 5 community body which nominated the third party purchaser send notice confirming intention to proceed to buy the land or, as the case may be, tenant's interest to—(a)the Scottish Ministers,(b)the owner of the land, and(c)where the application is to buy a tenant's interest, the tenant.(3)Where an application made under section 54 does not nominate a third party purchaser—(a)at any time until receiving notice under section 65(13) a Part 5 community body may withdraw an application under section 54 by giving the Scottish Ministers notice in writing to that effect,(b)at any time after receiving notice under section 65(13), the Part 5 community body may withdraw a confirmation of intention to proceed made under this section by giving the Scottish Ministers notice in writing to that effect.(4)Where an application nominates a third party purchaser—(a)at any time until receiving notice under section 65(13), only the Part 5 community body which nominated the third party purchaser may withdraw an application under section 54 by giving the Scottish Ministers notice in writing to that effect,(b)at any time after receiving notice under section 65(13), either the third party purchaser or the Part 5 community body which nominated the third party purchaser may withdraw a confirmation of intention to proceed made under this section by giving the Scottish Ministers notice in writing to that effect.(5)The Scottish Ministers must, within 7 days of receipt of notice under subsection (1), (2), (3)(a) or (b) or (4)(a) or (b), acknowledge receipt and send a copy of that acknowledgement to—(a)the Keeper,(b)the owner of the land, and(c)where the application is to buy a tenant's interest, the tenant.
(1)It is for the Part 5 community body or, as the case may be, the third party purchaser to secure the expeditious exercise of its right to buy and, in particular—(a)to prepare the documents necessary to—(i)effect the transfer to it of the land or, as the case may be, the assignation to it of the tenant's interest, and(ii)impose any conditions (including any real burdens or servitudes) which the Scottish Ministers, under section 59, require to be imposed upon the title to land, and(b)in so doing, to ensure—(i)that the land in the application to which the Scottish Ministers have consented is that to be transferred or assigned, and(ii)that the transfer or assignation is to be effected in accordance with any other conditions imposed by the Scottish Ministers under section 59.(2)Where the Part 5 community body or, as the case may be, the third party purchaser is unable to fulfil the duty imposed by subsection (1)(b) because the land or part of the land in respect of which the Scottish Ministers' consent was given is—(a)not owned by the person named as its owner in the application made under section 54, or(b)not tenanted by the person named as its tenant in the application made by virtue of section 48(3),it must refer that matter to the Scottish Ministers.(3)On a reference under subsection (2), the Scottish Ministers must direct that the right to buy of the Part 5 community body or, as the case may be, of the third party purchaser is, so far as proceeding on that application, extinguished.(4)The owner of the land being bought is obliged—(a)to make available to the Part 5 community body or, as the case may be, the third party purchaser such deeds and other documents as are sufficient to enable completion of its title to the land, and(b)to transfer title accordingly.(5)If the owner of the land refuses or fails to make those deeds and other documents available (or they cannot be found) within 6 weeks of the date on which the Scottish Ministers consent to an application to buy land, the Lands Tribunal may, on the application of the Part 5 community body or, as the case may be, the third party purchaser, order the owner or any other person appearing to the Lands Tribunal to have those deeds and documents to produce them.(6)If the owner of the land refuses or fails to effect such sufficient transfer as is mentioned in subsection (4), the Lands Tribunal may, on the application of the Part 5 community body or, as the case may be, the third party purchaser, authorise its clerk to adjust, execute and deliver such deeds or other documents as will complete such transfer to the same force and effect as if done by the owner or person entitled.(7)Where an application is to buy a tenant's interest, the tenant is obliged to make available to the Part 5 community body or, as the case may be, the third party purchaser such deeds and other documents as are sufficient to enable completion of its acquisition of the tenant's interest and the tenant is obliged to effect the assignation of the tenant's interest accordingly.(8)If the tenant refuses or fails to make those deeds and other documents available (or they cannot be found) within 6 weeks of the date on which the Scottish Ministers consent to an application to buy a tenant's interest, the Lands Tribunal may, on the application of the Part 5 community body or, as the case may be, the third party purchaser, order the tenant or any other person appearing to the Lands Tribunal to have those deeds and documents to produce them.(9)If the tenant refuses or fails to effect the assignation of the tenant's interest in accordance with subsection (7), the Lands Tribunal may, on the application of the Part 5 community body or, as the case may be, the third party purchaser, authorise its clerk to adjust, execute and deliver such deeds or other documents as will complete the assignation to the same force and effect as if done by the tenant.
(1)The consideration for the transfer of the land or for the assignation of the tenant's interest is its value as assessed under section 65.(2)Subject to subsections (3) to (5), that consideration must be paid not later than the date (the “final settlement date”) falling 6 months after the date (the “consent date”) when the Scottish Ministers consented to the application made under section 54.(3)Where—(a)the Part 5 community body or, as the case may be, the third party purchaser and the owner or, as the case may be, the tenant so agree, the consideration may be paid on a date later than the final settlement date,(b)the assessment of the valuation of the land or the tenant's interest under section 65 or, as the case may be, a determination under section 66 has not been completed by a date 4 months after the consent date, the consideration must be paid not later than 2 months after the date when that assessment is completed or the date when that determination is made, whichever occurs later,(c)that valuation or, as the case may be, determination under section 66 is the subject of an appeal which has not been decided within 4 months of the consent date, the consideration must be paid not later than 2 months after the date of the decision on the appeal against the valuation or, as the case may be, the determination, whichever occurs later.(4)The Scottish Ministers may, on the application of any of the parties, extend the final settlement date—(a)in relation to an application to buy land, where an appeal is made—(i)under section 69 in respect of the Scottish Ministers' decision on a related application to buy a tenant's interest,(ii)under section 70(1) in respect of a valuation of that tenant's interest, or(iii)under section 70(2) in respect of a determination carried out under section 66 concerning that related application,(b)in relation to an application to buy a tenant's interest, where an appeal is made—(i)under section 69 in respect of the Scottish Ministers' decision on a related application to buy land, or(ii)under section 70(1) in respect of a valuation of that land.(5)If, on the date the consideration is to be paid, the owner is not able to effect the grant of a good and marketable title or, as the case may be, the tenant is not able to assign the tenant's interest—(a)the consideration, or(b)if, for any reason, the consideration has not been ascertained, such sum as may be fixed by the valuer appointed under section 65 as a fair estimate of what the consideration might be,must be consigned into the Lands Tribunal until that title is granted or assignation is effected or the Part 5 community body or, as the case may be, the third party purchaser gives notice to the Tribunal and to the Scottish Ministers of its decision not to proceed to complete the transaction.(6)The Scottish Ministers must, within 7 days of receipt of notice of a decision not to proceed under subsection (5), acknowledge receipt and send a copy of that acknowledgement to—(a)the Keeper,(b)the owner of the land,(c)where the application is to buy a tenant's interest, the tenant, and(d)the Part 5 community body or, as the case may be, the third party purchaser.(7)Except where subsection (5) applies, if the consideration remains unpaid after the date not later than which it is to be paid, the Part 5 community body's or, as the case may be, the third party purchaser's confirmation of intention to proceed made under section 62 in relation to the land or the tenant's interest is to be treated as withdrawn.(8)Any heritable security which burdened the land or tenant's interest immediately before—(a)title is granted to the Part 5 community body or, as the case may be, to the third party purchaser, or(b)the tenant's interest is assigned to the Part 5 community body or, as the case may be, to the third party purchaser,ceases to do so on the registration in the Land Register of Scotland of the Part 5 community body's or third party purchaser's interest in the land.(9)Where such a security also burdens—(a)land other than the land in respect of which title is granted to the Part 5 community body or, as the case may be, to the third party purchaser, or(b)a tenant's interest other than the tenant's interest assigned to the Part 5 community body or, as the case may be, to the third party purchaser,the security does not, by virtue of subsection (8), cease to burden that other land.(10)Unless the creditors in right of any such security otherwise agree, the Part 5 community body or, as the case may be, the third party purchaser must pay to them according to their respective rights and preferences any sum which would, but for this subsection, be paid to the owner by the Part 5 community body or the third party purchaser as consideration for the land or the tenant's interest.(11)Any sum paid by a Part 5 community body or a third party purchaser under subsection (10) must be deducted from the sum which the Part 5 community body or third party purchaser is to pay to the owner as consideration for the land or, as the case may be, to the tenant as consideration for the tenant's interest.
(1)Where the Scottish Ministers consent to an application made under section 54 they must within 7 days of doing so appoint a valuer, being a person who appears to the Scottish Ministers—(a)to be suitably qualified to consider the matters arising under this section and, as the case may be, under section 66,(b)to be independent, and(c)to have knowledge and experience of valuing land or interests of a kind similar to the land or tenant's interest being bought,to assess the value of the land or tenant's interest to which the application relates.(2)The validity of anything done under this section is not affected by any failure by the Scottish Ministers to comply with the time limit specified in subsection (1).(3)In assessing the value of land or a tenant's interest in pursuance of an appointment under subsection (1), a valuer—(a)does not act on behalf of the owner of the land, the tenant, the Part 5 community body or, as the case may be, the third party purchaser, and(b)is to act as an expert and not as an arbiter.(4)The value to be assessed is the market value of the land or the tenant's interest as at the date when the Scottish Ministers consented to the application made under section 54 relating to the land or the tenant's interest.(5)The “market value” of land or a tenant's interest is the aggregate of—(a)the value the land or the tenant's interest would have on the open market as between a seller and a buyer both of whom are, as respects the transaction, willing,(b)any depreciation in the value of other land or interests belonging to the seller which may result from the transfer of the land or the tenant's interest, including depreciation caused by division of the land or interests by the transfer of land to the Part 5 community body or third party purchaser, and(c)the amount attributable to any disturbance to the seller which may arise in connection with the transfer of the land or the tenant's interest to the Part 5 community body or third party purchaser.(6)In determining the value which land or a tenant's interest would have on the open market in the circumstances mentioned in subsection (5)(a)—(a)the valuer may take account, in so far as a seller and buyer such as are mentioned in subsection (5) would do so, of any factor attributable to the known existence of a person who (not being the Part 5 community body or third party purchaser which is exercising its right to buy) would be willing to buy the land or the tenant's interest at a price higher than others would, because of a characteristic of the land or the tenant's interest which relates peculiarly to that person's interest in buying it,(b)the valuer may not take account of—(i)any depreciation of the type mentioned in subsection (5)(b),(ii)any disturbance of the type mentioned in subsection (5)(c),(iii)the absence of the period of time during which the land or the tenant's interest would, on the open market, be likely to be advertised and exposed for sale.(7)The expense of a valuation under this section is to be met by the Scottish Ministers.(8)In carrying out a valuation under this section, the valuer must—(a)invite—(i)the owner of the land,(ii)where the application is to buy a tenant's interest, the tenant,(iii)the Part 5 community body,(iv)where the application nominates a third party purchaser, the third party purchaser,to make representations in writing about the value of the land or tenant's interest, and(b)consider any representations made accordingly.(9)Where written representations under subsection (8) are received—(a)from the owner of the land or, as the case may be, the tenant, the valuer must invite the Part 5 community body and, as the case may be, the third party purchaser to send views on the representations in writing,(b)from the Part 5 community body or, as the case may be, the third party purchaser, the valuer must invite the owner of the land and, as the case may be, the tenant to send views on the representations in writing.(10)In carrying out a valuation under this section, the valuer must consider any views sent under subsection (9).(11)Where the Part 5 community body or, as the case may be, the third party purchaser and the owner of the land have agreed the valuation of the land they must notify the valuer in writing of that valuation.(12)Where the Part 5 community body or, as the case may be, the third party purchaser and the tenant have agreed the valuation of the tenant's interest, they must notify the valuer in writing of the valuation.(13)The valuer must, within the period set out in subsection (14), give notice of the assessed value of the land or tenant's interest to—(a)the Scottish Ministers,(b)the Part 5 community body,(c)where the application nominates a third party purchaser, the third party purchaser,(d)the owner of the land, and(e)where the application is to buy a tenant's interest, the tenant.(14)The period referred to in subsection (13) is the period of 8 weeks beginning with the date of appointment of the valuer or such longer period as the Scottish Ministers may, on an application by the valuer, determine.(15)The validity of anything done under this Part is not affected by any failure by a valuer to comply with the time limit specified in subsection (14).
I14866 Acquisition of interest of tenant over land: allocation of rents etc.¶
(1)Where an application to buy a tenant's interest does not relate to the entire tenanted land, any resultant question as to the allocation—(a)as between the tenant and the Part 5 community body or the third party purchaser of rents payable or receivable, or(b)as between them of rights and obligations generally,is to be determined by the valuer when, in pursuance of an appointment under section 65(1), the valuer assesses the value of the interest of the tenant.(2)Any determination under subsection (1) is to be such as the valuer considers equitable in all the circumstances.(3)Where a determination is made under subsection (1) the valuer must, within the period specified in section 65(14), notify—(a)the Part 5 community body,(b)where the application nominates a third party purchaser, the third party purchaser, and(c)the tenant.
(1)Where an application made under section 54 does not nominate a third party purchaser, any person (including an owner or former owner of land, and, where an application is to buy a tenant's interest, a tenant) who has incurred loss or expense—(a)in complying with the requirements of this Part following the making of the application by the Part 5 community body,(b)as a result of the withdrawal by the Part 5 community body of the application under section 62(3)(a),(c)as a result of the withdrawal by the Part 5 community body of its confirmation of intention to proceed under section 62(3)(b), or its failure otherwise to complete the purchase after having so confirmed its intention under that section, or(d)as a result of the failure of the Part 5 community body to complete the purchase,is entitled to recover the amount of that loss or expense from the Part 5 community body.(2)Where an application made under section 54 nominates a third party purchaser—(a)any person (including an owner or former owner of land, and, where an application is to buy a tenant's interest, a tenant) who has incurred loss or expense—(i)in complying with the requirements of this Part following the making of the application by the Part 5 community body,(ii)as a result of the withdrawal by the Part 5 community body or, as the case may be, third party purchaser of its confirmation of intention to proceed under section 62(4)(b) or its failure otherwise to complete the purchase after having so confirmed its intention under that section, or(iii)as a result of the failure of the Part 5 community body or, as the case may be, third party purchaser to complete the purchase,is entitled to recover the amount of that loss or expense from the third party purchaser,(b)any such person who has incurred loss or expense as a result of the withdrawal by the Part 5 community body of the application under section 62(4)(a) is entitled to recover the amount of that loss or expense from the Part 5 community body.(3)There is no such entitlement under subsections (1) and (2) where the application made under section 54 is refused.(4)Where such an application has been refused, an owner of the land or a tenant who has incurred loss or expense as mentioned in subsection (1)(a) or (2)(a)(i) is entitled to recover the amount of that loss or expense from the Scottish Ministers.(5)The Scottish Ministers may by regulations make provision for or in connection with specifying—(a)amounts payable in respect of loss or expense incurred as mentioned in subsections (1) and (2),(b)amounts payable in respect of loss or expense incurred by virtue of this Part by a person of such other description as may be specified,(c)the person who is liable to pay those amounts,(d)the procedure under which claims for compensation under this section are to be made.(6)Where, at the expiry of such period of time as may be fixed for the purposes of this subsection by regulations under subsection (5)(d), any question as to whether compensation is payable or as to the amount of any compensation payable has not been settled as between the parties, either of them may refer the question to the Lands Tribunal.(7)Where either of the parties refers a question to the Lands Tribunal as mentioned in subsection (6), the party so referring the question must (unless that party is the Scottish Ministers), within 7 days of the date of referring it, notify the Scottish Ministers in writing of—(a)the reference, and(b)the date of reference.(8)The Lands Tribunal must send a copy of its findings on a question referred to it under subsection (6) to the Scottish Ministers.(9)Failure to comply with subsection (7) or (8) has no effect on—(a)the right to buy of the Part 5 community body or, as the case may be, of the third party purchaser, or(b)the validity of the reference of the question under subsection (6).
I15068 Grants towards liabilities to pay compensation¶
(1)The Scottish Ministers may, in the circumstances set out in subsection (2), pay a grant to a Part 5 community body or a third party purchaser.(2)Those circumstances are—(a)that after settlement of its other liabilities connected with the exercise of its right to buy land or, as the case may be, a tenant's interest under this Part, the Part 5 community body or, as the case may be, the third party purchaser has insufficient money to pay, or to pay in full, the amount of compensation it has to pay under section 67,(b)that the Part 5 community body or, as the case may be, the third party purchaser has taken all reasonable steps to obtain money in order to pay, or to pay in full, that amount (other than applying for a grant under this section) but has been unable to obtain the money, and(c)that it is in the public interest that the Scottish Ministers pay the grant.(3)The fact that all the circumstances set out in subsection (2) are applicable in a particular case does not prevent the Scottish Ministers from refusing to pay a grant in that case.(4)A grant under this section may be made subject to conditions which may stipulate repayment in the event of breach.(5)The Scottish Ministers may pay a grant under this section only on the application of a Part 5 community body or third party purchaser.(6)An application for such a grant must be made in such form and in accordance with such procedure as the Scottish Ministers may by regulations specify.(7)The Scottish Ministers must issue their decision on an application under this section in writing accompanied by, in the case of a refusal, a statement of the reasons for it.(8)The Scottish Ministers' decision on an application under this section is final.
(1)An owner of land may appeal to the sheriff against a decision by the Scottish Ministers to give consent to an application made under section 54.(2)Where such an application is to buy a tenant's interest, the tenant may appeal to the sheriff against a decision by the Scottish Ministers to give consent to the application.(3)A Part 5 community body may appeal to the sheriff against a decision by the Scottish Ministers not to give consent to an application made under section 54.(4)Subsection (3) does not extend to the Scottish Ministers' decision under section 58 on which of two or more applications made under section 54 to buy the same land or tenant's interest is to proceed.(5)A person who is a member of a community (defined under section 49(9)) to which an application relates may appeal to the sheriff against a decision by the Scottish Ministers to give consent to an application made under section 54.(6)A creditor in a standard security with a right to sell land may appeal to the sheriff against a decision by the Scottish Ministers to give consent to an application made under section 54.(7)An appeal under this section must be lodged within 28 days of the date of the Scottish Ministers' decision on an application made under section 54.(8)The sheriff in whose sheriffdom the land which is the subject of the application (or, as the case may be, over which the tenancy has been created) or any part of it is situated has jurisdiction to hear an appeal under this section.(9)Where an appeal is made—(a)under subsection (1) the owner must intimate that fact to—(i)the Part 5 community body,(ii)where the application nominates a third party purchaser, the third party purchaser,(iii)where the application is to buy a tenant's interest, the tenant,(iv)the Scottish Ministers, and(v)any creditor in a standard security with a right to sell the land to which the appeal relates,(b)under subsection (2) the tenant must intimate that fact to—(i)the Part 5 community body,(ii)where the application nominates a third party purchaser, the third party purchaser,(iii)the owner,(iv)the Scottish Ministers, and(v)any creditor in a standard security with a right to sell the land to which the appeal relates,(c)under subsection (3) the Part 5 community body must intimate that fact to—(i)where the application nominates a third party purchaser, the third party purchaser,(ii)the owner,(iii)where the application is to buy a tenant's interest, the tenant,(iv)the Scottish Ministers, and(v)any creditor in a standard security with a right to sell the land to which the appeal relates,(d)under subsection (5) the member of the community must intimate that fact to—(i)the Part 5 community body,(ii)where the application nominates a third party purchaser, the third party purchaser,(iii)the owner,(iv)where the application is to buy a tenant's interest, the tenant,(v)the Scottish Ministers, and(vi)any creditor in a standard security with a right to sell the land to which the appeal relates,(e)under subsection (6) the creditor must intimate that fact to—(i)the Part 5 community body,(ii)where the application nominates a third party purchaser, the third party purchaser,(iii)the owner,(iv)where the application is to buy a tenant's interest, the tenant, and(v)the Scottish Ministers.(10)The decision of the sheriff in an appeal under this section—(a)may require rectification of the New Register,(b)may impose conditions upon the appellant,(c)is final.
(1)The following persons may appeal to the Lands Tribunal against a valuation carried out under section 65—(a)the owner of the land,(b)where the application is to buy a tenant's interest, the tenant,(c)the Part 5 community body,(d)where the application nominates a third party purchaser, the third party purchaser.(2)The following persons may appeal to the Lands Tribunal against a determination carried out under section 66—(a)the tenant,(b)the Part 5 community body,(c)where the application nominates a third party purchaser, the third party purchaser.(3)An appeal under this section must state the grounds on which it is being made and must be lodged within 21 days of the date of receiving notice of assessed value under section 65(13).(4)In an appeal under this section, the Lands Tribunal may—(a)reassess the value of the land or, as the case may be, the tenant's interest,(b)substitute its own determination for any determination under section 66.(5)The valuer whose valuation or determination is appealed against may be a witness in the appeal proceedings.(6)The Lands Tribunal must give reasons for its decision on an appeal under this section and must issue a written statement of those reasons—(a)within 8 weeks of the hearing of the appeal, or(b)where subsection (7) applies, by such later date referred to in paragraph (b)(ii) of that subsection.(7)This subsection applies where—(a)the Lands Tribunal considers that it is not reasonable to issue a written statement by the time limit specified in subsection (6)(a), and(b)before the expiry of that time limit, the Lands Tribunal has notified the parties to the appeal—(i)that the Lands Tribunal is unable to issue a written statement by that time limit, and(ii)of the date by which the Lands Tribunal will issue such a written statement.(8)The validity of anything done under this Part is not affected by any failure of the Lands Tribunal to issue a written statement by the date referred to in subsection (6)(a) or (7)(b)(ii).(9)Where a person appeals under subsection (1) or (2), the person must, within 7 days of the date on which the appeal is made, notify the Scottish Ministers in writing of—(a)the making of the appeal, and(b)the date of the making of the appeal.(10)The Lands Tribunal must send a copy of the written statement of reasons issued under subsection (6) to the Scottish Ministers.(11)Failure to comply with subsection (9) or (10) has no effect on—(a)the right to buy of the Part 5 community body or, as the case may be, of the third party purchaser, or(b)the validity of the appeal under this section.(12)The Scottish Ministers are not competent parties to any appeal under this section by reason only that they appointed the valuer whose valuation or determination is the subject of the appeal.(13)The Scottish Ministers' powers under the Lands Tribunal Act 1949 to make rules as respects that Tribunal extend to such rules as may be necessary or expedient to give full effect to this section.
I15371 Reference to Lands Tribunal of questions on applications¶
(1)At any time before the Scottish Ministers reach a decision on an application which has been made under section 54 the following persons may refer to the Lands Tribunal any question relating to the application—(a)the Scottish Ministers,(b)any person who is a member of the community as defined in section 49 in relation to the applicant Part 5 community body,(c)the owner of the land,(d)where the application is to buy a tenant's interest, the tenant,(e)any person who has any interest in the land giving rise to a right which is legally enforceable by that person, or(f)any person who is invited, under section 55(1)(a)(v), to send views to the Scottish Ministers on the application.(2)In considering any question referred to it under subsection (1), the Lands Tribunal may have regard to any representations made to it by—(a)the applicant Part 5 community body,(b)the owner of the land,(c)where the application is to buy a tenant's interest, the tenant, or(d)any other person who, in the opinion of the Lands Tribunal, appears to have an interest.(3)The Lands Tribunal—(a)must advise the Scottish Ministers of its finding on any question so referred, and(b)may, by order, provide that the Scottish Ministers may consent to the application only if they impose, under section 59, such conditions as the Lands Tribunal may specify.(4)If the Lands Tribunal considers any question referred to it under this section to be irrelevant to the Scottish Ministers' decision on the application to which it relates, it may decide to give no further consideration to the question and find accordingly.(5)Where a person refers a question to the Lands Tribunal under subsection (1), the person must, within 7 days of the date of referring it, notify the Scottish Ministers of—(a)the reference, and(b)the date of reference.(6)Failure to comply with subsection (3)(a) or (5) has no effect on—(a)the validity of the application under section 54 by the Part 5 community body,(b)the right to buy of the Part 5 community body or, as the case may be, of the third party purchaser, or(c)the validity of the reference under subsection (1).
An appeal under section 69 or 70 does not prevent the parties from settling or otherwise agreeing the matter in respect of which the appeal was made between or among them.
(1)The Scottish Ministers may, on being requested to do so by a person mentioned in subsection (2), take such steps as they consider appropriate for the purpose of arranging, or facilitating the arrangement of, mediation in relation to the proposed exercise of the right to buy land or a tenant's interest under this Part.(2)The persons are—(a)the owner of the land,(b)where the application is a request to buy a tenant's interest, the tenant,(c)any creditor in a standard security over the land or any part of it with a right to sell the land or any part of it,(d)the Part 5 community body,(e)where the application nominates a third party purchaser, the third party purchaser.(3)The steps mentioned in subsection (1) include—(a)appointing a mediator,(b)making payments to mediators in respect of services provided,(c)reimbursing reasonable expenses of mediators.
PART 6 Entry in valuation roll of shootings and deer forests¶
I174 Repeal of exclusion of shootings and deer forests from valuation roll¶
(1)The Local Government etc. (Scotland) Act 1994 is amended as follows.(2)In section 151(1) (exclusion from valuation roll of shootings, deer forests, fishings and fish counters), “shootings, deer forests,” is repealed.(3)The title of section 151 becomes “
Exclusion from valuation roll of fishings and fish counters
”.
(1)The Valuation and Rating (Scotland) Act 1956 is amended as follows.(2)In section 6 (ascertainment of gross annual value, net annual value and rateable value of lands and heritages)—(a)in subsection (8), after “provisions” insert “
of subsection (8ZA) and
”,(b)after subsection (8) insert—,(c)after subsection (10) insert—.
I477 Change of use of land forming part of the common good¶
(1)Section 75 of the Local Government (Scotland) Act 1973 (disposal, etc., of land forming part of the common good) is amended as follows.(2)In subsection (2), before “dispose” in each place insert “
appropriate or
”.(3)In subsection (3), before “disposed” insert “
appropriated or
”.
(1)The Deer (Scotland) Act 1996 is amended as follows.(2)In section 5A (code of practice on deer management), in subsection (2)(c), after “may” insert “
require a deer management plan to be prepared,
”.(3)The italic heading before section 6 becomes “
Deer management plans, control agreements and control schemes
”.(4)After section 6 insert—.(5)In section 7 (control agreements), after subsection (4) insert—.
I881 Power to require return on number of deer planned to be killed¶
(1)The Deer (Scotland) Act 1996 is amended as follows.(2)In section 16 (service of notices), in subsection (1A), for “and 40(1)” substitute “
, 40(1) and 40A(1)
”.(3)In section 17A (register of persons competent to shoot deer)—(a)in subsection (2)(a)(xiii), for “section 40” substitute “
sections 40 and 40A
”,(b)in subsection (6)—(i)in paragraph (a), after “return” insert “
within the meaning given by subsection (7)(a) or (b)(i)
”,(ii)“or” immediately after paragraph (a) is repealed,(iii)after paragraph (a) insert—,(iv)in paragraph (b), for “so submitted” substitute “
referred to in paragraph (a)
”,(c)in subsection (7), for paragraph (b) substitute—.(4)After section 40 insert—.(5)In schedule 3 (penalties)—(a)in the entry relating to section 17A(6), in column 1, for “17A(6)” substitute “
17A(6)(a) or (b)
”,(b)after that entry, insert—,(c)after the entry relating to section 40(4), insert—.
I982 Increase in penalty for failure to comply with control scheme¶
In schedule 3 of the Deer (Scotland) Act 1996, in the entry relating to section 13(1) (failure to comply with control scheme), in column 3, for “level 4 on the standard scale” substitute “
£40,000
”.
I6084 Access rights: service of court applications¶
(1)Section 28 of the Land Reform (Scotland) Act 2003 (judicial determination of existence and extent of access rights and rights of way) is amended as follows.(2)In subsection (6), at the end insert “
unless subsection (7A) applies
”.(3)After subsection (7), insert—
99 Tenant's right to buy: removal of requirement to register¶
(1)The 2003 Act is amended as follows.(2)Sections 24 (register of tenants' interests in acquiring land) and 25 (registration of such interests) are repealed.(3)Before section 26 insert as an italic heading “
The right to buy
”.(4)In section 26 (notice of proposal to transfer land)—(a)for subsection (1) substitute—,(b)in subsection (2), for “subsection (1)” substitute “
subsection (1A)
”,(c)after that subsection insert—.(5)In section 27 (transfers not requiring notice), subsection (1)(g)(v) is repealed.(6)In section 28 (right to buy)—(a)in subsection (1)—(i)“a tenant's interest in acquiring land is for the time being registered under section 25 and” is repealed,(ii)in paragraph (a), for first “the land” substitute “
land comprised in a lease constituting a 1991 Act tenancy,
”,(b)in subsection (3)—(i)after paragraph (a) insert “
or
”,(ii)paragraph (c) is repealed (together with the “or” immediately before it).(7)In section 29 (exercise of right to buy), subsection (7) is repealed.
(1)The 1991 Act is amended as follows.(2)For section 13 (variation of rent) substitute—.(3)After schedule 1 insert—.
Limited duration tenancies, modern limited duration tenancies and repairing tenancies: rent review¶
I35102 Limited duration tenancies, modern limited duration tenancies and repairing tenancies: rent review¶
(1)The 2003 Act is amended as follows.(2)In section 9 (review of rent under limited duration tenancies)—(a)in subsection (A1), after “tenancy” insert “
, a modern limited duration tenancy or a repairing tenancy
”,(b)in subsection (1), after “tenancy” insert “
or a modern limited duration tenancy
”,(c)after subsection (1) insert—,(d)for subsections (2) to (8) substitute—,(e)the title of the section becomes “
Review of rent under limited duration tenancies, modern limited duration tenancies and repairing tenancies
”.(3)After section 9 insert—.
CHAPTER 6 Assignation of and succession to agricultural tenancies¶
(1)Section 10A of the 1991 Act (assignation and subletting of tenancy) is amended as follows.(2)In subsection (1), for “any of the persons who would be entitled to succeed to his estate on intestacy by virtue of the Succession (Scotland) Act 1964 (c.41)” substitute “
any one of the persons mentioned in subsection (1A)
”.(3)After that subsection insert—.(4)In subsection (3), for “The” substitute “
Subject to subsection (3A), the
”.(5)After that subsection insert—.(6)After subsection (5) insert—.
(1)The 2003 Act is amended as follows.(2)In section 7 (assignation and subletting of limited duration tenancies)—(a)in subsection (3), for “The” substitute “
Subject to subsection (3A), the
”,(b)after that subsection insert—,(c)after subsection (5) insert—.
I100105 Assignation of modern limited duration tenancies¶
(1)The 2003 Act is amended as follows.(2)After section 7A (as inserted by section 86) insert—.
In section 11 of the 1991 Act (bequest of lease)—(a)in subsection (1), for “his son-in-law or daughter-in-law or to any one of the persons who would be, or would in any circumstances have been, entitled to succeed to the estate on intestacy by virtue of the Succession (Scotland) Act 1964” substitute “
any one of the persons mentioned in subsection (1A)
”,(b)after that subsection insert—.
108 Limited duration tenancies, modern limited duration tenancies and repairing tenancies: succession¶
I101(1)Section 16 of the Succession (Scotland) Act 1964 (provisions relating to leases) is amended as follows—(a)in subsection (4A), for “or a limited duration tenancy” substitute “
, a limited duration tenancy, a modern limited duration tenancy or a repairing tenancy
”,(b)in subsection (4C), for “or a limited duration tenancy” substitute “
, a limited duration tenancy, a modern limited duration tenancy or a repairing tenancy
”,(c)in subsection (9)—(i)in the definition of “agricultural lease”, for “or a limited duration tenancy” substitute “
, a limited duration tenancy, a modern limited duration tenancy or a repairing tenancy
”,(ii)for “and “limited duration tenancy”” substitute “, “limited duration tenancy”, “modern limited duration tenancy” and “repairing tenancy””.I39(2)The 2003 Act is amended as follows.(3)In section 21 (bequest of lease)—(a)in subsection (1)—I101(i)for “or a limited duration tenancy” substitute “
, a limited duration tenancy, a modern limited duration tenancy or a repairing tenancy
”,I39(ii)for “the tenant's son-in-law or daughter-in-law or to any one of the persons who would be, or would in any circumstances have been, entitled to succeed to the estate on intestacy by virtue of the 1964 Act” substitute “
any one of the persons mentioned in subsection (1A)
”,I39(b)after that subsection insert—.
I40109 Objection by landlord to legatee or acquirer on intestacy¶
(1)The 1991 Act is amended as follows.(2)In section 11 (bequest of lease)—(a)in subsection (1), for “subsections (2) to (8) below” substitute “
subsections (2) and (3) and to sections 12A to 12C
”,(b)in subsection (2), after “this section” insert “
and in sections 12A to 12C
”,(c)in subsection (3), for “subsection (4) below” substitute “
section 12A(2) or 12B(2)
”,(d)subsections (4) to (7) are repealed,(e)in subsection (8), “, or if the bequest is declared null and void under subsection (6) above,” is repealed.(3)In section 12 (right of landlord to object to acquirer of lease)—(a)in subsection (1)—(i)after “this section” insert “
and in sections 12A to 12C
”,(ii)for “subsection (2) below” substitute “
section 12A(2) or 12B(2)
”,(b)subsections (2) to (5) are repealed,(c)the title of the section becomes “
Transfer of lease on intestacy
”.(4)After section 12 insert—.(5)Section 25 (termination of tenancies acquired by succession) is repealed.
CHAPTER 7 Relinquishing and assignation of 1991 Act tenancies¶
I41I158110 Tenant's offer to relinquish 1991 Act tenancy¶
(1)The 1991 Act is amended as follows.(2)After section 32 insert—.
111 Tenant's offer to relinquish 1991 Act tenancy: consequential modifications¶
I160(1)In section 21(1) of the 1991 Act, after “section 20” insert “
and Part 3A
”.I42I159(2)The 2003 Act is amended as follows.I160(3)In section 55 (right to compensation for yielding vacant possession), in subsection (4), after “Where” insert “
the tenancy is a limited duration tenancy or a modern limited duration tenancy and
”.I42I159(4)After section 74 insert—.
I83112 Amnesty for certain improvements by tenant¶
(1)This Chapter applies where, in respect of a relevant improvement—(a)a tenant of an agricultural holding to which the 1991 Act applies intends to claim compensation under section 34 of that Act, or(b)a tenant—(i)under a short limited duration tenancy within the meaning of section 4 of the 2003 Act,(ii)under a limited duration tenancy within the meaning of section 5 of that Act, or(iii)under a modern limited duration tenancy within the meaning of section 5A of that Act,intends to claim compensation under section 45 of that Act.(2)A “relevant improvement” is a Part 1, Part 2 or Part 3 improvement completed before the beginning of the amnesty period.(3)In this Chapter the “amnesty period” means the period of 3 years and 6 months beginning with the day on which this section comes into force.(4)A tenant may give notice of the relevant improvement to the landlord in accordance with section 114.(5)A tenant may not give such notice where—(a)in relation to a Part 1 improvement—(i)the tenant carried out the improvement without the landlord's consent, or(ii)the landlord gave consent, whether orally or in writing, and the tenant carried out the improvement in a manner substantially different to the manner consented to,(b)in relation to a Part 2 improvement, the tenant had given notice under section 38(1) of the 1991 Act or, as the case may be, under section 49(1) of the 2003 Act and—(i)the tenant carried out the improvement in a manner substantially different to the manner proposed in the notice,(ii)the landlord objected to the improvement under section 39(1) of the 1991 Act or, as the case may be, under section 49(2) of the 2003 Act (as read with section 39(1) of the 1991 Act), or(iii)the tenant carried out the improvement in breach of any decision of the Land Court under section 39(2) of the 1991 Act or, as the case may be, under section 49(2) of the 2003 Act (as read with section 39(2) of the 1991 Act),(c)in relation to a Part 3 improvement, the tenant had given notice under section 34(8) of the 1991 Act and the tenant carried out the improvement in a manner substantially different to the manner proposed in the notice.(6)Nothing in this section affects the extent to which compensation for a relevant improvement is recoverable by a tenant under custom, agreement or otherwise by virtue of the 1991 Act or 2003 Act in lieu of any compensation by virtue of this Chapter.(7)In this section—(a)a “Part 1 improvement” means—(i)an improvement specified in Part 1 of schedule 3 of the 1991 Act and begun before 31 July 1931,(ii)an improvement specified in Part 1 of schedule 4 of the 1991 Act and begun on or after 31 July 1931 and before 1 November 1948, or(iii)an improvement specified in Part 1 of schedule 5 of the 1991 Act, and begun on or after 1 November 1948,(b)a “Part 2 improvement” means—(i)an improvement specified in Part 2 of schedule 3 of the 1991 Act and begun before 31 July 1931,(ii)an improvement specified in Part 2 of schedule 4 of the 1991 Act and begun on or after 31 July 1931 and before 1 November 1948, or(iii)an improvement specified in Part 2 of schedule 5 of the 1991 Act and begun on or after 1 November 1948,(c)a “Part 3 improvement” means—(i)an improvement specified in paragraph 29 of schedule 3 of the 1991 Act and begun before 31 July 1931, or(ii)an improvement specified in paragraph 29 of schedule 4 of the 1991 Act and begun on or after 31 July 1931 and before 1 November 1948.
I84113 Amendment of the Agricultural Holdings (Scotland) Acts¶
(1)After section 34 of the 1991 Act insert—.(2)After section 45 of the 2003 Act insert—.
(1)A notice given in accordance with this section is an “amnesty notice”.(2)An amnesty notice must be in writing and given to the landlord within the amnesty period.(3)An amnesty notice must be dated and state the following—(a)the names and designations of the landlord and the tenant,(b)the name (if any) and the address or such other description of the holding as will identify it,(c)details of the relevant improvement, including the manner in which the improvement was carried out,(d)the tenant's reasons as to why it is fair and equitable for compensation to be payable for the improvement on the tenant quitting the holding at the termination of the tenancy.(4)Section 84(4) of the 1991 Act applies to the giving of an amnesty notice as it applies to the giving of a notice under that Act.(5)In this Chapter the “holding”, in the case of a short limited duration tenancy, limited duration tenancy or modern limited duration tenancy, means the land comprised in the lease.
Objection to amnesty notice and referral to Land Court¶
(1)Compensation under section 34 of the 1991 Act or, as the case may be, under section 45 of the 2003 Act is not payable to the tenant if, before the end of the period of 2 months beginning with the day on which the landlord receives an amnesty notice under section 114, the landlord objects to the relevant improvement or to part of it by giving notice in writing to the tenant.(2)A notice given under subsection (1) must be dated and must state the landlord's reasons for objecting to the relevant improvement or, as the case may be, to part of the relevant improvement.(3)The landlord's reasons for objecting must be one or more of the following—(a)that it is not fair and equitable for compensation to be payable for the relevant improvement on the tenant quitting the holding at the termination of the tenancy,(b)that the landlord carried out the improvement in whole or in part, or(c)the landlord gave or allowed a benefit to the tenant (under the lease or otherwise) in consideration of the tenant carrying out the improvement, whether or not the landlord agreed such benefit in writing.
(1)Where the landlord has given notice of objection under section 115(1), the tenant may, before the end of the period of 2 months beginning with the day on which the tenant received the notice of objection, apply to the Land Court for approval of the relevant improvement for the purposes of section 34 of the 1991 Act or, as the case may be, section 45 of the 2003 Act.(2)The Land Court may—(a)approve the carrying out of the relevant improvement—(i)unconditionally, or(ii)upon such terms, as to reduction of the compensation which would otherwise be payable or as to other matters, as appears to it to be appropriate, or(b)withhold its approval.(3)Before approving a relevant improvement, the Land Court must be satisfied that—(a)the landlord has benefited or would benefit from the improvement, and(b)in all the circumstances it is just and equitable for compensation to be payable by the landlord for the improvement on the tenant quitting the holding at the termination of the tenancy.(4)No compensation is payable to the tenant to the extent that the Land Court determines that—(a)the landlord carried out the improvement, or(b)the landlord gave or allowed a benefit to the tenant (under the lease or otherwise) in consideration of the tenant carrying out the improvement, whether or not the landlord agreed such benefit in writing.
(1)Where no compensation is payable for a relevant improvement under section 34 of the 1991 Act or, as the case may be, under section 45 of the 2003 Act because a relevant requirement has not been met, the landlord and tenant may nonetheless enter into an agreement in writing during the amnesty period (an “amnesty agreement”) that the landlord will compensate the tenant for the improvement on the tenant quitting the holding at the termination of the tenancy.(2)Section 53 of the 1991 Act and section 59 of the 2003 Act do not apply where an amnesty agreement has been entered into.(3)The amount of compensation payable under an amnesty agreement must be as set out in section 36 of the 1991 Act or, as the case may be, in section 47 of the 2003 Act.(4)In subsection (1) a “relevant requirement” is a requirement, imposed by virtue of Part 4 of the 1991 Act or by virtue of Chapter 1 of Part 4 of the 2003 Act, compliance with which would entitle a tenant to compensation under section 34 of the 1991 Act or, as the case may be, under section 45 of the 2003 Act.
(1)In the 1991 Act—(a)in section 61 (agreement to refer matters to arbitration)—(i)in subsection (1), after “this Act” insert “
or section 116 of the Land Reform (Scotland) Act 2016
”,(ii)in subsection (2)—(A)“8(6),” is repealed,(B)“39,” is repealed,(b)in section 61A(5) (arbitration: procedure etc.), after “this Act” insert “
or of section 116 of the Land Reform (Scotland) Act 2016
”,(c)in section 61B (clauses in leases as to resolution of disputes), after “under this Act” insert “
or under section 116 of the Land Reform (Scotland) Act 2016
”.(2)In section 1(7A) of the Scottish Land Court Act 1993, for “or the Agricultural Holdings (Scotland) Act 2003” substitute “
, the Agricultural Holdings (Scotland) Act 2003 or section 116 of the Land Reform (Scotland) Act 2016
”.(3)In the 2003 Act—(a)in section 78 (agreement to refer matters to arbitration)—(i)in subsection (1), after “this Act” insert “
or by virtue of section 116 of the Land Reform (Scotland) Act 2016
”,(ii)in subsection (2), for “section 21, 22 or 49(2)” substitute “
section 21 or 22
”,(b)in section 79(5) (arbitration: procedure etc.), after “this Act” insert “
or by virtue of section 116 of the Land Reform (Scotland) Act 2016
”,(c)in section 81 (clauses in leases as to resolution of disputes), after “this Act” insert “
or by virtue of section 116 of the Land Reform (Scotland) Act 2016
”.
I43119 Notice required for certain improvements by landlord¶
(1)The 1991 Act is amended as follows.(2)After section 14 insert—.(3)The 2003 Act is amended as follows.(4)After section 10 insert—.
I44120 Rent increase for certain improvements by landlord¶
(1)Section 15 of the 1991 Act (increase of rent for certain improvements by landlord) is amended as follows.(2)After subsection (1)(b), “or” is repealed.(3)After subsection (1)(c), insert.(4)Section 10 of the 2003 Act (increase in rent: landlord's improvements) is amended as follows.(5)After subsection (1)(b), “or” is repealed.(6)After subsection (1)(c), insert.
I45121 Use of land for non-agricultural purposes: objection to notice of diversification¶
(1)The 2003 Act is amended as follows.(2)In section 40—(a)in subsection (1), for “section 41” substitute “
in sections 40A and 41
”,(b)after subsection (5) insert—,(c)after subsection (13) insert—.(3)After that section insert—.(4)In section 41—(a)in subsection (1), after “Where” insert “
, on an application made by the landlord under section 40A(2),
”,(b)in subsection (2), for “40(4)(a)” substitute “
40(4)(a) or (5A)
”,(c)in subsection (3)—(i)after “Where” insert “
, on the application of the tenant,
”,(ii)after “section 40(10)” insert “
or, as the case may be, (14)
”.
I46122 Use of land for non-agricultural purposes: requests for information¶
(1)The 2003 Act is amended as follows.(2)In section 40—(a)in subsection (5), for paragraph (b) substitute—,(b)for subsection (6) substitute—,(c)in subsection (12), for paragraph (a) substitute—.
(1)The Scottish Ministers must––(a)review the legislation governing small landholdings, and(b)lay a report of that review before the Scottish Parliament no later than 31 March 2017.(2)The Scottish Ministers must, in carrying out the review under subsection (1), consult—(a)small landholders, and(b)such other persons as they consider appropriate.(3)In this section, a “small landholding” is a landholding the tenancy of which is one to which––(a)section 32 of the Small Landholders (Scotland) Act 1911 applies, or(b)any of the provisions of the Small Landholders (Scotland) Acts 1886 to 1931 applies,and “small landholders” is to be construed accordingly.
(1)Each power of the Scottish Ministers to make regulations under this Act includes power—(a)to make different provision for different purposes,(b)to make any incidental, supplementary, consequential, transitional, transitory or saving provision which they consider appropriate.(2)Regulations under—(a)section 4(5),(b)section 52(10)(b),(c)section 54(5)(a) or (c),(d)section 55(4),(e)section 56(9),(f)section 57(2),(g)section 57(8),(h)section 67(5),(i)section 68(6),(j)subject to subsection (3)(m), section 127(1),are subject to the negative procedure.(3)Regulations under—(a)section 24(5),(b)section 39(1),(c)section 46(2)(b) or (e),(d)section 46(3),(e)section 48(1)(c),(f)section 49(1)(c),(g)section 49(8),(h)section 49(9)(a),(i)section 50(4),(j)section 52(7),(k)section 61(1),(l)section 61(3),(m)section 127(1) which add to, replace or omit the text of an Act,are subject to the affirmative procedure.(4)This section does not apply to regulations under section 130(2).
(1)The Scottish Ministers may by regulations make such incidental, supplementary, consequential, transitional, transitory or saving provision as they consider appropriate for the purposes of or in connection with this Act or any provision made under it.(2)Regulations under subsection (1) may modify any enactment (including this Act).
(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.
I124(1)Schedule 1, which contains minor amendments and amendments consequential upon the provisions of Part 5, has effect.I49I102(2)Schedule 2, which contains minor amendments and repeals, and amendments and repeals consequential upon the provisions of Part 10, has effect.
(1)This section and sections 125 to 127 and 131 come into force on the day after Royal Assent.(2)The other provisions of this Act come into force on such day as the Scottish Ministers may by regulations appoint.(3)Different days may be appointed for different purposes.(4)Regulations under subsection (2) may include transitional, transitory or saving provision.
I1251(1)The Land Reform (Scotland) Act 2003 is amended as follows.(2)In section 35 (provisions supplementary to section 34)—(a)for subsection (A1) substitute—,(b)for subsection (1) substitute—.(3)In section 52 (ballot procedure), for subsection (4) substitute—.(4)In section 72 (provisions supplementary to section 71), for subsection (1) substitute—.(5)In section 97E (provisions supplementary to section 97D), for subsection (1) substitute—.(6)In section 97N (effect of Ministers' decision on right to buy), in subsection (2)(b), for “Register of Community Rights in Abandoned, Neglected or Detrimental Land” substitute “
New Register
”.(7)In section 97V (appeals), in subsection (9)(a), for Register of Community Interests in Abandoned, Neglected or Detrimental Land” substitute New Register”.
I1031(1)The Sheriff Courts (Scotland) Act 1907 is amended as follows.(2)In section 37A (removings: exception for certain tenancies), for “or limited duration tenancies” substitute “
, limited duration tenancies, modern limited duration tenancies or repairing tenancies
”.
Law Reform (Miscellaneous Provisions) (Scotland) Act 1985¶
I1042(1)The Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 is amended as follows.(2)In section 7(2) (interpretation of sections 4 to 6), in the definition of “agricultural lease”, for “or a limited duration tenancy” substitute “
, a limited duration tenancy, a modern limited duration tenancy or a repairing tenancy
”.
I1064(1)The Crofters (Scotland) Act 1993 is amended as follows.(2)In section 3A (new crofts), in subsection (9)(a)(ii), for “or limited duration tenancy” substitute “
, limited duration tenancy, modern limited duration tenancy or repairing tenancy
”.(3)In section 29 (miscellaneous provisions regarding subleases of crofts), in subsection (1)(b), for “or a limited duration tenancy” substitute “
, a limited duration tenancy, a modern limited duration tenancy or a repairing tenancy
”.(4)In section 29B (status of tenant under a short lease), in paragraph (b)—(a)“or” immediately after sub-paragraph (ii) is repealed,(b)after sub-paragraph (iii) insert––.
I1075(1)The Children (Scotland) Act 1995 is amended as follows.(2)In section 76 (exclusion orders), in subsection (11)(a), for “or a limited duration tenancy” substitute “
, a limited duration tenancy, a modern limited duration tenancy or a repairing tenancy
”.
I1086(1)The Town and Country Planning (Scotland) Act 1997 is amended as follows.(2)In section 35 (notice etc. of applications to owners and agricultural tenant), in subsection (7), in the definition of “agricultural land”, for “or a limited duration tenancy” substitute “
, a limited duration tenancy, a modern limited duration tenancy or a repairing tenancy
”.
7I50I109(1)The 2003 Act is amended as follows.I110(2)The italic heading before section 6 becomes “
New types of tenancy: general provision
”.I110(3)In section 10 (increase in rent: landlord's improvements), in subsection (1), after “tenancy” insert “
, a modern limited duration tenancy or a repairing tenancy
”.I110(4)In section 11 (variation of rent by Land Court)—(a)after “tenancy” insert “
, a modern limited duration tenancy or a repairing tenancy
”,(b)for “or 16” substitute “
, 16, 16A or 16B
”.I110(5)In section 12 (right of tenant to withhold rent), in subsection (1)(b), for “or a limited duration tenancy” substitute “
, a limited duration tenancy, a modern limited duration tenancy or a repairing tenancy
”.I110(6)In section 13 (written leases and the revision of certain leases)—(a)in subsection (1)—(i)for “or a limited duration tenancy” substitute “
, a limited duration tenancy, a modern limited duration tenancy or a repairing tenancy
”,(ii)in paragraph (b)(ii), after “Act)” insert “
, section 16A or, as the case may be, section 16B
”,(b)in subsection (2)(b), after “16” insert “
, 16A or, as the case may be, 16B
”,(c)in subsection (4)(a), after “Act)” insert “
, section 16A or, as the case may be, section 16B,
”,(d)in subsection (5), after “16” insert “
, 16A or, as the case may be, 16B
”.I110(7)In section 14 (freedom of cropping and disposal of produce), for “and limited duration tenancies” substitute “
, limited duration tenancies, modern limited duration tenancies and repairing tenancies
”.I110(8)In section 15 (permanent pasture), for “and limited duration tenancies” substitute “
, limited duration tenancies, modern limited duration tenancies and repairing tenancies
”.I110(9)In section 17 (resumption of land by landlord), in subsection (1)—(a)for “or a limited duration tenancy” substitute “
, a limited duration tenancy or a modern limited duration tenancy
”,(b)in sub-paragraph (ii), after “tenancy” insert “
or a modern limited duration tenancy
”.I110(10)In section 19 (resumption and irritancy: supplementary)––(a)for “or a limited duration tenancy” substitute “
, a limited duration tenancy, a modern limited duration tenancy or a repairing tenancy
”,(b)in paragraph (a), after “17” insert “
or 17A
”.I110(11)In section 22 (right of landlord to object to acquirer of tenancy)—(a)in subsection (1), for “or a limited duration tenancy” substitute “
, a limited duration tenancy, a modern limited duration tenancy or a repairing tenancy
”,(b)in subsection (3), for “or a limited duration tenancy” substitute “
, a limited duration tenancy, a modern limited duration tenancy or a repairing tenancy
”.I110(12)In section 23 (effect of termination of tenancy where tenant deceased), for “or a limited duration tenancy” substitute “
, a limited duration tenancy, a modern limited duration tenancy or a repairing tenancy
”.I110(13)In section 39 (use of land for non-agricultural purposes), in subsection (1)—(a)“or” immediately after paragraph (a) is repealed,(b)after paragraph (b) insert––.I110(14)In section 42 (tenant's right to timber), in subsection (1)—(a)“or” immediately after paragraph (a) is repealed,(b)after paragraph (b) insert––.I110(15)The italic heading before section 45 becomes “
New types of tenancy
”.(16)In section 45 (right to compensation for improvements)—I111(a)in subsection (1), for “or a limited duration tenancy” substitute “
, a limited duration tenancy or a modern limited duration tenancy
”,I51(b)after subsection (4) insert—.I112(17)In section 46 (payment of compensation by incoming tenant), for “or a limited duration tenancy” substitute “
, a limited duration tenancy or a modern limited duration tenancy
”.I112(18)The italic heading before section 52 becomes “
New types of tenancy
”.I112(19)In section 52 (compensation for disturbance)—(a)in subsection (1)(b), for “or a limited duration tenancy” substitute “
, a limited duration tenancy or a modern limited duration tenancy
”,(b)in subsection (2)(b)(i), for “or limited duration tenancy” substitute “
, limited duration tenancy or modern limited duration tenancy
”.I112(20)In section 53 (compensation for other particular things)––(a)in subsection (1)—(i)for “and limited duration tenancies” substitute “
, limited duration tenancies and modern limited duration tenancies
”,(ii)in paragraph (b), after “16” insert “
or 16A
”,(b)in subsection (2), after first “tenancies” insert “
and to modern limited duration tenancies
”,(c)in subsection (3), for “and limited duration tenancies” substitute “
, limited duration tenancies and modern limited duration tenancies
”.I112(21)In section 54 (compensation where compulsory acquisition of land), in subsection (1), for “or limited duration tenancy” substitute “
, a limited duration tenancy or a modern limited duration tenancy
”.I112(22)In section 55 (right to compensation for yielding vacant possession)—(a)in subsection (1)—(i)“and” immediately after paragraph (a) is repealed,(ii)after paragraph (b) insert,(b)in subsection (8)(a), after second “tenancy” insert “
or a modern limited duration tenancy
”.I112(23)In section 56 (no right to penal rent etc.), for “or limited duration tenancy” substitute “
, a limited duration tenancy or a modern limited duration tenancy
”.I112(24)In section 57 (provision as to parts of land and divided land)—(a)in subsection (1), for “or a limited duration tenancy” substitute “
, a limited duration tenancy or a modern limited duration tenancy
”,(b)in subsection (3), for “or a limited duration tenancy” substitute “
, a limited duration tenancy or a modern limited duration tenancy
”.I112(25)In section 59 (extent to which compensation recoverable under agreements)—(a)in subsection (1), for “or a limited duration tenancy” substitute “
, a limited duration tenancy or a modern limited duration tenancy
”,(b)in subsection (3), for “or a limited duration tenancy” substitute “
, a limited duration tenancy or a modern limited duration tenancy
”.I112(26)In section 70 (rights of certain persons where tenant is a partnership), in subsection (1)(b), for “or a limited duration tenancy” substitute “
, a limited duration tenancy, a modern limited duration tenancy or a repairing tenancy
”.I112(27)In section 77 (resolution of disputes by Land Court)—(a)in subsection (2)(a)—(i)“or” immediately after sub-paragraph (ii) is repealed,(ii)after sub-paragraph (ii) insert—,(b)in subsection (4)—(i)after first “tenancy” insert “
, a modern limited duration tenancy or a repairing tenancy
”,(ii)after “7(1)” insert “
or, as the case may be, 7B(1), 7D(1) or 7D(7)
”.I112(28)In section 81 (clauses in leases as to resolution of disputes), in paragraph (a), after second “tenancy” insert “
, a modern limited duration tenancy, a repairing tenancy
”.I58(29)In section 92 (ancillary provision), in subsection (2), for “and limited duration tenancies” substitute “
, limited duration tenancies, modern limited duration tenancies and repairing tenancies
”.(30)In section 93 (interpretation)—I113(a)for the definition of “limited duration tenancy” substitute—,I58(b)after the definition of “the Parliament” insert—.
I1148(1)The Antisocial Behaviour etc. (Scotland) Act 2004 is amended as follows.(2)In section 83 (registration of certain landlords: application for registration), in subsection (6)(f)(i), for “or limited duration tenancy” substitute “
, limited duration tenancy, modern limited duration tenancy or repairing tenancy
”.
I1159(1)The Housing (Scotland) Act 2006 is amended as follows.(2)In section 12 (tenancies to which repairing standard duty applies), in subsection (1)—(a)“or” immediately after paragraph (c)(i)(B) is repealed,(b)after paragraph (c)(i)(C) insert––.
10(1)The 2003 Act is amended as follows.(2)In section 32 (tenant's right to buy: procedure for buying), in subsection (6)(b), “if the tenant has not so concluded missives,” is repealed.(3)In section 84 (power of Land Court to grant remedies etc.), in subsection (2), “in respect of fixed equipment” is repealed.
11(1)The 1991 Act is amended as follows.(2)In section 5 (fixed equipment and insurance premiums), in subsection (4B)(b), for “section 13” substitute “
paragraph 7 of schedule 1A
”.(3)In schedule 8 (supplementary provisions with respect to payments under section 56)—(a)in paragraph 2(a)—(i)“13 or” is repealed,(ii)after “Act” insert “
or paragraph 7 of schedule 1A
”,(b)in paragraph 3—(i)in paragraph (a)(i), for “section 13 of this Act” substitute “
paragraph 7 of schedule 1A
”,(ii)for “the said section 13” substitute “
paragraph 7(2) to (4) of schedule 1A
”,(c)in paragraph 4, for “section 13(1) of this Act shall have effect as if for the reference therein to the next ensuing day” substitute “
paragraph 7(2) of schedule 1A is to have effect as if for the reference to the effective date
”.
12(1)The 2003 Act is amended as follows.(2)In section 54 (compensation where compulsory acquisition of land), in subsection (6)(b)—(a)for “sections 13 and 15 of that Act” substitute “
paragraph 7 of schedule 1A and section 15 of that Act
”,(b)for “sections 9 and 10” substitute “
sections 9B and 10
”.(3)Section 63 (variation of rent) is repealed.(4)In the schedule, paragraph 15 is repealed.
13(1)The Agricultural Holdings (Amendment) (Scotland) Act 2012 is amended as follows.(2)Section 3 (effect of VAT changes on determination of rent) is repealed.
I5214(1)The Succession (Scotland) Act 1964 is amended as follows.(2)In section 16 (provisions relating to leases)—(a)in subsection (2)(c), for “section 11” substitute “
section 12A or 12B
”,(b)in subsection (2A)(b), after “other than” insert “
the lease of a 1991 Act tenancy or
”,(c)in subsection (3)(b)(i)—(i)for “or an application to that court under section 11 of the 1991 Act” substitute “
, an application under section 12A of the 1991 Act or an appeal under section 12B of that Act to that court
”,(ii)for “or, as the case may be, the application” substitute “
, the application or, as the case may be, the appeal
”,(d)in subsection (8), for “, or, as the case may be, section 11(2) to (8) of the 1991 Act, or, as the case may be,” substitute “
, sections 11(8), 12A and 12B of the 1991 Act,
”.(3)In section 29 (right of tenant to bequeath interest under lease), in subsection (2), for “section 11” substitute “
sections 11 or 12A to 12C
”.
I5315(1)The 1991 Act is amended as follows.(2)In section 22 (restrictions on operation of notices to quit)—(a)in subsection (1), “and to section 25 of this Act” is repealed,(b)in subsection (2), paragraph (g) is repealed.(3)In section 24 (consents for the purposes of section 22)—(a)in subsection (1), “and to section 25(3) of this Act” is repealed,(b)in subsection (3), “(subject to section 25(4) of this Act)” is repealed.(4)In section 55 (additional payments to tenants quitting holdings: supplementary provision)—(a)in subsection (1), paragraph (c) is repealed,(b)in subsection (2), in paragraph (b), “or, where the tenant has succeeded to the tenancy as the near relative of a deceased tenant, as to the matter referred to in any of Cases 1, 3, 5 and 7 in Schedule 2 to this Act” is repealed,(c)in subsection (6)—(i)for “by virtue of a notice to quit” substitute “
under section 12B
”,(ii)paragraph (a) is repealed,(iii)in paragraph (c), for “notice” substitute “
counter-notice under section 12B(2)
”.(5)Schedule 2 (grounds for consent to operation of notices to quit a tenancy where section 25(3) applies) is repealed.
I5416(1)The 2003 Act is amended as follows.(2)In section 21 (bequest of lease), for subsection (2) substitute—.(3)In section 22 (right of landlord to object to acquirer of tenancy), for subsection (2) substitute—.
I5719(1)The 2003 Act is amended as follows.(2)In section 91 (orders and regulations)—(a)in subsection (3)(a), “, 25(7)” is repealed,(b)in subsection (3)(b)—(i)after “section” insert “
5B(3), 9A(3),
”,(ii)for “25(3) or 26(2)” substitute “
18A(4)(b)(ii), 26(2), 38A(4)(c), 38B(6)(e), 38L(4)(c) or 38P(2)
”,(c)in subsection (4)(b)—(i)after “section” insert “
9B(3), 9C(6),
”,(ii)after “36(7)” insert “
, 38C(1), 38D(4), 38M(1), 38O(4), 59A
”,(iii)for “or 74,” substitute “
, 74 or 74A,
”.
Footnotes
I1
S. 74 in force at 28.6.2016 by S.S.I. 2016/193, reg. 2(1), Sch. (with art. 3)
I2
S. 75 in force at 28.6.2016 by S.S.I. 2016/193, reg. 2(1), Sch. (with art. 3)
I3
S. 76 in force at 28.6.2016 by S.S.I. 2016/193, reg. 2(1), Sch. (with art. 3)
I4
S. 77 in force at 28.6.2016 by S.S.I. 2016/193, reg. 2(1), Sch.
I5
S. 78 in force at 28.6.2016 by S.S.I. 2016/193, reg. 2(1), Sch.
I6
S. 79 in force at 28.6.2016 by S.S.I. 2016/193, reg. 2(1), Sch.
I7
S. 80 in force at 28.6.2016 by S.S.I. 2016/193, reg. 2(1), Sch.
I8
S. 81 in force at 28.6.2016 by S.S.I. 2016/193, reg. 2(1), Sch.
I9
S. 82 in force at 28.6.2016 by S.S.I. 2016/193, reg. 2(1), Sch.
I10
S. 1 in force at 1.10.2016 by S.S.I. 2016/193, reg. 2(2)
I11
S. 2 in force at 1.10.2016 by S.S.I. 2016/193, reg. 2(2)
I12
S. 4(1)(5) in force at 1.11.2016 by S.S.I. 2016/250, reg. 2(1)(2), sch. 1 (with reg. 3)
I13
S. 5 in force at 1.11.2016 by S.S.I. 2016/250, reg. 2(1)(2), sch. 1 (with reg. 3)
I14
S. 7 in force at 1.11.2016 by S.S.I. 2016/250, reg. 2(1)(2), sch. 1 (with reg. 3)
I15
S. 10 in force at 1.11.2016 by S.S.I. 2016/250, reg. 2(1)(2), sch. 1 (with reg. 3)
I16
S. 11 in force at 1.11.2016 by S.S.I. 2016/250, reg. 2(1)(2), sch. 1 (with reg. 3)
I17
S. 12(1)(2)(3)(a)(4)(5) in force at 1.11.2016 by S.S.I. 2016/250, reg. 2(1)(2), sch. 1 (with reg. 3)
I18
S. 12(3)(b) in force at 1.11.2016 for specified purposes by S.S.I. 2016/250, reg. 2(1)(2), sch. 1 (with reg. 3)
I19
S. 13 in force at 1.11.2016 by S.S.I. 2016/250, reg. 2(1)(2), sch. 1 (with reg. 3)
I20
S. 14 in force at 1.11.2016 by S.S.I. 2016/250, reg. 2(1)(2), sch. 1 (with reg. 3)
I21
S. 15 in force at 1.11.2016 by S.S.I. 2016/250, reg. 2(1)(2), sch. 1 (with reg. 3)
I22
S. 16 in force at 1.11.2016 by S.S.I. 2016/250, reg. 2(1)(2), sch. 1 (with reg. 3)
I23
S. 17 in force at 1.11.2016 by S.S.I. 2016/250, reg. 2(1)(2), sch. 1 (with reg. 3)
I24
S. 18 in force at 1.11.2016 by S.S.I. 2016/250, reg. 2(1)(2), sch. 1 (with reg. 3)
I25
S. 19 in force at 1.11.2016 by S.S.I. 2016/250, reg. 2(1)(2), sch. 1 (with regs. 3, 4)
I26
S. 20 in force at 1.11.2016 by S.S.I. 2016/250, reg. 2(1)(2), sch. 1 (with regs. 3, 4)
I27
S. 21(1)(2) in force at 1.11.2016 by S.S.I. 2016/250, reg. 2(1)(2), sch. 1 (with reg. 3)
I28
S. 44 in force at 1.11.2016 by S.S.I. 2016/250, reg. 2(1)(2), sch. 1 (with reg. 3)
I29
S. 85(1)(3) in force at 23.12.2016 for specified purposes by S.S.I. 2016/365, reg. 2, sch. (with regs. 3-15)
I30
S. 89 in force at 23.12.2016 for specified purposes by S.S.I. 2016/365, reg. 2, sch. (with regs. 3-15)
I31
S. 92 in force at 23.12.2016 for specified purposes by S.S.I. 2016/365, reg. 2, sch. (with regs. 3-15)
I32
S. 98 in force at 23.12.2016 for specified purposes by S.S.I. 2016/365, reg. 2, sch. (with regs. 3-15)
I33
S. 100 in force at 23.12.2016 for specified purposes by S.S.I. 2016/365, reg. 2, sch. (with regs. 3-15)
I34
S. 101 in force at 23.12.2016 for specified purposes by S.S.I. 2016/365, reg. 2, sch. (with regs. 3-15)
I35
S. 102 in force at 23.12.2016 for specified purposes by S.S.I. 2016/365, reg. 2, sch. (with regs. 3-15)
I36
S. 103 in force at 23.12.2016 by S.S.I. 2016/365, reg. 2, sch. (with regs. 3-15)
I37
S. 104 in force at 23.12.2016 by S.S.I. 2016/365, reg. 2, sch. (with regs. 3-15)
I38
S. 107 in force at 23.12.2016 by S.S.I. 2016/365, reg. 2, sch. (with regs. 3-15)
I39
S. 108(2)(3)(a)(ii)(b) in force at 23.12.2016 by S.S.I. 2016/365, reg. 2, sch. (with regs. 3-15)
I40
S. 109 in force at 23.12.2016 by S.S.I. 2016/365, reg. 2, sch. (with regs. 3-15)
I41
S. 110 in force at 23.12.2016 for specified purposes by S.S.I. 2016/365, reg. 2, sch. (with regs. 3-15)
I42
S. 111(2)(4) in force at 23.12.2016 for specified purposes by S.S.I. 2016/365, reg. 2, sch. (with regs. 3-15)
I43
S. 119 in force at 23.12.2016 by S.S.I. 2016/365, reg. 2, sch. (with regs. 3-15)
I44
S. 120 in force at 23.12.2016 by S.S.I. 2016/365, reg. 2, sch. (with regs. 3-15)
I45
S. 121 in force at 23.12.2016 by S.S.I. 2016/365, reg. 2, sch. (with regs. 3-15)
I46
S. 122 in force at 23.12.2016 by S.S.I. 2016/365, reg. 2, sch. (with regs. 3-15)
I47
S. 123 in force at 23.12.2016 by S.S.I. 2016/365, reg. 2, sch. (with regs. 3-15)
I48
S. 124 in force at 23.12.2016 by S.S.I. 2016/365, reg. 2, sch. (with regs. 3-15)
I49
S. 129(2) in force at 23.12.2016 for specified purposes by S.S.I. 2016/365, reg. 2, sch. (with regs. 3-15)
I50
Sch. 2 para. 7(1) in force at 23.12.2016 for specified purposes by S.S.I. 2016/365, reg. 2, sch. (with regs. 3-15)
I51
Sch. 2 para. 7(16)(b) in force at 23.12.2016 by S.S.I. 2016/365, reg. 2, sch. (with regs. 3-15)
I52
Sch. 2 para. 14 in force at 23.12.2016 by S.S.I. 2016/365, reg. 2, sch. (with regs. 3-15)
I53
Sch. 2 para. 15 in force at 23.12.2016 by S.S.I. 2016/365, reg. 2, sch. (with regs. 3-15)
I54
Sch. 2 para. 16 in force at 23.12.2016 by S.S.I. 2016/365, reg. 2, sch. (with regs. 3-15)
I55
Sch. 2 para. 17 in force at 23.12.2016 by S.S.I. 2016/365, reg. 2, sch. (with regs. 3-15)
I56
Sch. 2 para. 18 in force at 23.12.2016 by S.S.I. 2016/365, reg. 2, sch. (with regs. 3-15)
I57
Sch. 2 para. 19 in force at 23.12.2016 by S.S.I. 2016/365, reg. 2, sch. (with regs. 3-15)
I58
Sch. 2 para. 7(29)(30)(b) in force at 23.12.2016 for specified purposes by S.S.I. 2016/365, reg. 2, sch. (with regs. 3-15)
I59
S. 83 in force at 31.12.2016 by S.S.I. 2016/372, reg. 2 (with regs. 3, 4)
I60
S. 84 in force at 31.12.2016 by S.S.I. 2016/372, reg. 2 (with regs. 3, 4)
I61
S. 4(6)-(8) in force at 1.4.2017 by S.S.I. 2016/250, reg. 2(3), sch. 2
I62
S. 6 in force at 1.4.2017 by S.S.I. 2016/250, reg. 2(3), sch. 2
I63
S. 8 in force at 1.4.2017 by S.S.I. 2016/250, reg. 2(3), sch. 2
I64
S. 9 in force at 1.4.2017 by S.S.I. 2016/250, reg. 2(3), sch. 2
I65
S. 21(3) in force at 1.4.2017 by S.S.I. 2016/250, reg. 2(3), sch. 2
I66
S. 23 in force at 1.4.2017 by S.S.I. 2016/250, reg. 2(3), sch. 2
I67
S. 24 in force at 1.4.2017 by S.S.I. 2016/250, reg. 2(3), sch. 2
I68
S. 25 in force at 1.4.2017 by S.S.I. 2016/250, reg. 2(3), sch. 2
I69
S. 26 in force at 1.4.2017 by S.S.I. 2016/250, reg. 2(3), sch. 2
I70
S. 27(1)(2)(a)-(f)(h)(i)(3)-(9) in force at 1.4.2017 by S.S.I. 2016/250, reg. 2(3), sch. 2
I71
S. 28 in force at 1.4.2017 by S.S.I. 2016/250, reg. 2(3), sch. 2
I72
S. 29 in force at 1.4.2017 by S.S.I. 2016/250, reg. 2(3), sch. 2
I73
S. 30 in force at 1.4.2017 by S.S.I. 2016/250, reg. 2(3), sch. 2
I74
S. 31 in force at 1.4.2017 by S.S.I. 2016/250, reg. 2(3), sch. 2
I75
S. 32 in force at 1.4.2017 by S.S.I. 2016/250, reg. 2(3), sch. 2
I76
S. 33 in force at 1.4.2017 by S.S.I. 2016/250, reg. 2(3), sch. 2
I77
S. 34 in force at 1.4.2017 by S.S.I. 2016/250, reg. 2(3), sch. 2
I78
S. 35 in force at 1.4.2017 by S.S.I. 2016/250, reg. 2(3), sch. 2
I79
S. 36 in force at 1.4.2017 by S.S.I. 2016/250, reg. 2(3), sch. 2
I80
S. 37 in force at 1.4.2017 by S.S.I. 2016/250, reg. 2(3), sch. 2
I81
S. 38 in force at 1.4.2017 by S.S.I. 2016/250, reg. 2(3), sch. 2
I82
S. 22(1)(2)(3)(a)(ii)(iii)(b)(4)(5) in force at 1.4.2017 by S.S.I. 2016/250, reg. 2(3), sch. 2
I83
S. 112 in force at 13.6.2017 by S.S.I. 2017/20, reg. 2, sch. (with reg. 3)
I84
S. 113 in force at 13.6.2017 by S.S.I. 2017/20, reg. 2, sch. (with reg. 4)
I85
S. 114 in force at 13.6.2017 by S.S.I. 2017/20, reg. 2, sch. (with reg. 5)
I86
S. 115 in force at 13.6.2017 by S.S.I. 2017/20, reg. 2, sch.
I87
S. 116 in force at 13.6.2017 by S.S.I. 2017/20, reg. 2, sch.
I88
S. 117 in force at 13.6.2017 by S.S.I. 2017/20, reg. 2, sch.
I89
S. 118 in force at 13.6.2017 by S.S.I. 2017/20, reg. 2, sch.
I90
S. 3 in force at 1.10.2017 by S.S.I. 2016/193, reg. 2(3)
I91
S. 22(3)(a)(i) in force at 1.10.2017 by S.S.I. 2016/250, reg. 2(4)
F1
Words in s. 19(2) substituted (22.11.2017) by The Land Reform (Scotland) Act 2016 (Supplemental Provision) Regulations 2017 (S.S.I. 2017/400), regs. 1, 2(2)(a)
F2
S. 19(3A) inserted (22.11.2017) by The Land Reform (Scotland) Act 2016 (Supplemental Provision) Regulations 2017 (S.S.I. 2017/400), regs. 1, 2(2)(b)
I92
S. 85(1)(3) in force at 30.11.2017 in so far as not already in force by S.S.I. 2017/299, reg. 2, sch. (with reg. 5) (as amended by S.S.I. 2017/370, regs. 1, 3, 4)
I93
S. 85(2) in force at 30.11.2017 by S.S.I. 2017/299, reg. 2, sch. (with reg. 4)
I94
S. 86 in force at 30.11.2017 by S.S.I. 2017/299, reg. 2, sch.
I95
S. 87 in force at 30.11.2017 by S.S.I. 2017/299, reg. 2, sch.
I96
S. 88 in force at 30.11.2017 by S.S.I. 2017/299, reg. 2, sch.
I97
S. 89 in force at 30.11.2017 in so far as not already in force by S.S.I. 2017/299, reg. 2, sch.
I98
S. 90 in force at 30.11.2017 by S.S.I. 2017/299, reg. 2, sch. (with reg. 3)
I99
S. 91 in force at 30.11.2017 by S.S.I. 2017/299, reg. 2, sch.
I100
S. 105 in force at 30.11.2017 by S.S.I. 2017/299, reg. 2, sch.
I101
S. 108(1)(3)(a)(i) in force at 30.11.2017 by S.S.I. 2017/299, reg. 2, sch. (with regs. 7, 12) (as amended by S.S.I. 2017/370, regs. 1, 3, 4)
I102
S. 129(2) in force at 30.11.2017 for specified purposes by S.S.I. 2017/299, reg. 2, sch.
I103
Sch. 2 para. 1 in force at 30.11.2017 by S.S.I. 2017/299, reg. 2, sch. (with reg. 6) (as amended by S.S.I. 2017/370, regs. 1, 3, 4)
I104
Sch. 2 para. 2 in force at 30.11.2017 by S.S.I. 2017/299, reg. 2, sch. (with reg. 8) (as amended by S.S.I. 2017/370, regs. 1, 3, 4)
I105
Sch. 2 para. 3 in force at 30.11.2017 by S.S.I. 2017/299, reg. 2, sch.
I106
Sch. 2 para. 4 in force at 30.11.2017 by S.S.I. 2017/299, reg. 2, sch. (with reg. 9) (as amended by S.S.I. 2017/370, regs. 1, 3, 4)
I107
Sch. 2 para. 5 in force at 30.11.2017 by S.S.I. 2017/299, reg. 2, sch. (with reg. 10) (as amended by S.S.I. 2017/370, regs. 1, 3, 4)
I108
Sch. 2 para. 6 in force at 30.11.2017 by S.S.I. 2017/299, reg. 2, sch. (with reg. 11) (as amended by S.S.I. 2017/370, regs. 1, 3, 4)
I109
Sch. 2 para. 7(1) in force at 30.11.2017 for specified purposes by S.S.I. 2017/299, reg. 2, sch.
I110
Sch. 2 para. 7(2)-(15) in force at 30.11.2017 by S.S.I. 2017/299, reg. 2, sch. (with reg. 12) (as amended by S.S.I. 2017/370, regs. 1, 3, 4)
I111
Sch. 2 para. 7(16)(a) in force at 30.11.2017 by S.S.I. 2017/299, reg. 2, sch.
I112
Sch. 2 para. 7(17)-(28) in force at 30.11.2017 by S.S.I. 2017/299, reg. 2, sch. (with reg. 12) (as amended by S.S.I. 2017/370, regs. 1, 3, 4)
I113
Sch. 2 para. 7(30)(a) in force at 30.11.2017 by S.S.I. 2017/299, reg. 2, sch.
I114
Sch. 2 para. 8 in force at 30.11.2017 by S.S.I. 2017/299, reg. 2, sch. (with reg. 13) (as amended by S.S.I. 2017/370, regs. 1, 3, 4)
I115
Sch. 2 para. 9 in force at 30.11.2017 by S.S.I. 2017/299, reg. 2, sch. (with reg. 14) (as amended by S.S.I. 2017/370, regs. 1, 3, 4)
I116
S. 52(10)(b) in force at 23.4.2018 for specified purposes by S.S.I. 2018/99, reg. 2
I117
S. 39 in force at 17.5.2018 for specified purposes by S.S.I. 2018/138, art. 2, sch. 1
I118
S. 40 in force at 17.5.2018 for specified purposes by S.S.I. 2018/138, art. 2, sch. 1
I119
S. 41 in force at 17.5.2018 by S.S.I. 2018/138, art. 2, sch. 1
I120
S. 42 in force at 17.5.2018 for specified purposes by S.S.I. 2018/138, art. 2, sch. 1
I121
S. 52(1)(10)(a)(c) (11)-(13) in force at 27.6.2018 by S.S.I. 2018/138, art. 3, sch. 2
I122
S. 52(10)(b) in force at 27.6.2018 in so far as not already in force by S.S.I. 2018/138, art. 3, sch. 2
I123
S. 53 in force at 27.6.2018 by S.S.I. 2018/138, art. 3, sch. 2
I124
S. 129(1) in force at 27.6.2018 by S.S.I. 2018/138, art. 3, sch. 2
I125
Sch. 1 para. 1 in force at 27.6.2018 by S.S.I. 2018/138, art. 3, sch. 2 (with reg. 4)
I126
S. 40 in force at 10.1.2020 in so far as not already in force by S.S.I. 2019/420, reg. 2(a)
I127
S. 42 in force at 10.1.2020 in so far as not already in force by S.S.I. 2019/420, reg. 2(b)
I128
S. 52(2)-(9) in force at 26.4.2020 by S.S.I. 2020/20, reg. 2, sch.
I129
S. 45 in force at 26.4.2020 by S.S.I. 2020/20, reg. 2, sch.
I130
S. 46 in force at 26.4.2020 by S.S.I. 2020/20, reg. 2, sch.
I131
S. 47 in force at 26.4.2020 by S.S.I. 2020/20, reg. 2, sch.
I132
S. 48 in force at 26.4.2020 by S.S.I. 2020/20, reg. 2, sch.
I133
S. 49 in force at 26.4.2020 by S.S.I. 2020/20, reg. 2, sch.
I134
S. 50 in force at 26.4.2020 by S.S.I. 2020/20, reg. 2, sch.
I135
S. 51 in force at 26.4.2020 by S.S.I. 2020/20, reg. 2, sch.
I136
S. 54 in force at 26.4.2020 by S.S.I. 2020/20, reg. 2, sch.
I137
S. 55 in force at 26.4.2020 by S.S.I. 2020/20, reg. 2, sch.
I138
S. 56 in force at 26.4.2020 by S.S.I. 2020/20, reg. 2, sch.
I139
S. 57 in force at 26.4.2020 by S.S.I. 2020/20, reg. 2, sch.
I140
S. 58 in force at 26.4.2020 by S.S.I. 2020/20, reg. 2, sch.
I141
S. 59 in force at 26.4.2020 by S.S.I. 2020/20, reg. 2, sch.
I142
S. 60 in force at 26.4.2020 by S.S.I. 2020/20, reg. 2, sch.
I143
S. 61 in force at 26.4.2020 by S.S.I. 2020/20, reg. 2, sch.
I144
S. 62 in force at 26.4.2020 by S.S.I. 2020/20, reg. 2, sch.
I145
S. 63 in force at 26.4.2020 by S.S.I. 2020/20, reg. 2, sch.
I146
S. 64 in force at 26.4.2020 by S.S.I. 2020/20, reg. 2, sch.
I147
S. 65 in force at 26.4.2020 by S.S.I. 2020/20, reg. 2, sch.
I148
S. 66 in force at 26.4.2020 by S.S.I. 2020/20, reg. 2, sch.
I149
S. 67 in force at 26.4.2020 by S.S.I. 2020/20, reg. 2, sch.
I150
S. 68 in force at 26.4.2020 by S.S.I. 2020/20, reg. 2, sch.
I151
S. 69 in force at 26.4.2020 by S.S.I. 2020/20, reg. 2, sch.
I152
S. 70 in force at 26.4.2020 by S.S.I. 2020/20, reg. 2, sch.
I153
S. 71 in force at 26.4.2020 by S.S.I. 2020/20, reg. 2, sch.
I154
S. 72 in force at 26.4.2020 by S.S.I. 2020/20, reg. 2, sch.
I155
S. 73 in force at 26.4.2020 by S.S.I. 2020/20, reg. 2, sch.
F3
Words in s. 112(3) inserted (12.6.2020) by The Land Reform (Scotland) Act 2016 (Supplementary Provision) (Coronavirus) Regulations 2020 (S.S.I. 2020/174), regs. 1(1), 2
I156
S. 39 in force at 16.12.2020 in so far as not already in force by S.S.I. 2020/383, reg. 2
I157
S. 128 in force at 16.12.2020 by S.S.I. 2020/383, reg. 2
I158
S. 110 in force at 28.2.2021 in so far as not already in force by S.S.I. 2020/428, reg. 2
I159
S. 111(2)(4) in force at 28.2.2021 in so far as not already in force by S.S.I. 2020/428, reg. 2
I160
S. 111(1)(3) in force at 28.2.2021 by S.S.I. 2020/428, reg. 2
F4
S. 1(3)(ea) inserted (30.11.2025) by Scottish Languages Act 2025 (asp 10), ss. 14(2), 48(2); S.S.I. 2025/348, reg. 2, sch.
F5
S. 22(6) inserted (16.3.2026) by Land Reform (Scotland) Act 2025 (asp 15), ss. 8(2)(b), 47(2); S.S.I. 2026/119, reg. 2(1)(2)(a)
F6
S. 22(5)(e) inserted (16.3.2026) by Land Reform (Scotland) Act 2025 (asp 15), ss. 8(2)(a), 47(2); S.S.I. 2026/119, reg. 2(1)(2)(a)
F7
S. 22(5)(f)-(h) inserted (16.3.2026) by Land Reform (Scotland) Act 2025 (asp 15), ss. 9(2), 47(2); S.S.I. 2026/119, reg. 2(1)(2)(b)