Land Reform (Scotland) Act 2016 facts for kids
| Act of the Scottish Parliament | |
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| Long title | An Act of the Scottish Parliament to make provision for a land rights and responsibilities statement; to establish the Scottish Land Commission, provide for its functions and the functions of the Land Commissioners and the Tenant Farming Commissioner; to make provision about access to, and provision of, information about owners and controllers of land; to make provision about engaging communities in decisions relating to land; to enable certain persons to buy land to further sustainable development; to make provision for non-domestic rates to be levied on shootings and deer forests; to make provision about the change of use of common good land; to make provision about the management of deer on land; to make provision about access rights to land; to amend the law on agricultural holdings to provide for new forms of agricultural tenancy, to remove the requirement to register before tenants of certain holdings can exercise a right to buy, to provide a new power of sale where a landlord is in breach of certain obligations, to provide about rent reviews, to expand the list of the persons to whom holdings can be assigned or bequeathed and to whom holdings can be transferred on intestacy and to make provision about landlords’ objections to such successor tenants, to provide for certain holdings to be relinquished where landlords agree or assigned to persons new to or progressing in farming, to provide for a 3 year amnesty period in relation to certain improvements carried out by tenants, and to provide for notice of certain improvements proposed by landlords; and for connected purposes. |
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| Citation | 2016 asp 18 |
| Introduced by | Richard Lochhead, Cabinet Secretary for Rural Affairs, Food and Environment |
| Territorial extent | Scotland |
| Dates | |
| Royal assent | 22 April 2016 |
| Commencement | 1 November 2016 |
| Other legislation | |
| Relates to | Agricultural Holdings (Scotland) Act 1991, Land Reform (Scotland) Act 2003, Community Empowerment (Scotland) Act 2015 |
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Status: Current legislation
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| History of passage through Parliament | |
| Text of statute as originally enacted | |
| Revised text of statute as amended | |
The Land Reform (Scotland) Act 2016 is a law passed by the Scottish Parliament. It aims to make land ownership in Scotland fairer and more useful for everyone. This Act builds on earlier laws, like the Community Empowerment (Scotland) Act 2015.
One important part of this Act gives Scottish ministers the power to help communities buy private land. This can happen even if the current owner doesn't want to sell. The goal is to help with sustainable development projects that benefit local areas.
Contents
Key Changes from the Act
The Land Reform (Scotland) Act 2016 brought in several important changes. These changes help to make land ownership more transparent and give communities more say. They also support farming and protect natural areas.
Land Rights and Responsibilities
The Act created a 'Land Rights and Responsibilities Statement'. This statement explains what the Scottish Government wants to achieve with land reform. It sets out goals for how land should be owned, used, and managed in Scotland.
Scottish Land Commission
To help with land reform, the Act set up the Scottish Land Commission. This group works to improve how land is owned and used in Scotland. They create plans that need to be approved by Scottish ministers.
One special member of the Commission is the Tenant Farming Commissioner. This person helps with issues related to tenant farming. They are not a landlord or a tenant themselves, which helps them be fair.
Community Right to Buy for Sustainable Development
A major new rule in the Act is the 'Community Right to Buy for Sustainable Development'. This allows community groups to buy privately owned land. They must have a registered interest in the land.
- How it works: Unlike some older laws, this right does not need the landowner to agree to sell. Scottish ministers can approve the purchase if they believe it will help with sustainable development in the area. Sustainable development means meeting today's needs without harming the ability of future generations to meet their own needs.
- Similar rights: This is similar to other laws that allow communities to buy land that is abandoned or derelict. It also resembles the right for crofting communities to buy croft land. These rights also do not require the owner to be a "willing seller."
Other Important Provisions
The Act also includes other rules to make land ownership clearer and to manage Scotland's natural resources.
- Identifying Land Owners: New rules require people who control land to be identified. This information is then added to the Land Register of Scotland. This makes it easier to know who owns or controls land.
- Sporting Rights: The Act changed how certain sporting rights are taxed. For example, land used for shooting or deer forests now has to pay non-domestic rates, which are like local taxes.
- Deer Management: The Act gives more powers to Scottish Natural Heritage. This organization can now better control how deer are managed on land. This helps protect the environment and other animals.
- Core Paths: The Act also makes rules about changing 'core paths'. These are important routes that people use for walking and enjoying the outdoors. If changes are planned, there must be notice and discussion with the community.
See also
- Land Reform in Scotland
- Community Empowerment (Scotland) Act 2015
- Land Reform (Scotland) Act 2003
