UK Act of Parliament 2016 Scotland

Land Reform (Scotland) Act 2016

An Act of the Scottish Parliament to make provision for a land rights and responsibilities statement; to establish the Scottish Land Commission, provide for its functions and the functions of the Land Commissioners and the Tenant Farming Commissioner; to make provision about access to, and provision of, information about owners …

Read the Act on legislation.gov.uk

Enforced by: Crown Estate Scotland
Status: Amended (in force with amendments)
Penalty ceiling: Imprisonment 1 of 34 obligations carry imprisonment (3 months). 1 carries different penalties and 32 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Any Person6 Landlord1

Plus 27 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Any Person — also bound by 2684 other Acts

Human Medicines Regulations 2012 184 duties

Merchant Shipping Act 1995 144 duties

Insolvency (England and Wales) Rules 2016 104 duties

Communications Act 2003 92 duties

Road Traffic Act 1988 92 duties

Landlord — also bound by 238 other Acts

Renting Homes (Wales) Act 2016 74 duties

Housing Act 1985 55 duties

Housing Act 1996 30 duties

The Service Charges (Consultation Requirements) (England) Regulations 2003 27 duties

The Service Charges (Consultation Requirements) (Wales) Regulations 2004 26 duties

What it requires

Sections creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

Part 1

Land rights and responsibilities statement

3 of 3 sections shown

s.001 Land rights and responsibilities statement Regulated

Other duties (1) — Crown / regulator

Scottish Ministers must publish a land rights and responsibilities statementCrown / Minister / Government department

s.002 Publication and review of land rights and responsibilities statement Regulated

Other duties (1) — Crown / regulator

Scottish Ministers must publish and review land rights and responsibilities statementCrown / Minister / Government department

s.003 Duty to promote land rights and responsibilities statement Regulated

Other duties (1) — Crown / regulator

Scottish Ministers must promote land rights and responsibilities principlesCrown / Minister / Government department

Part 2

The Scottish Land Commission

17 of 35 sections shown

s.008 Strategic plan Regulated

Other duties (1) — Crown / regulator

Scottish Land Commission must prepare and publish a 3-year strategic planStatutory regulator

s.009 Programme of work Regulated

Other duties (1) — Crown / regulator

Scottish Land Commission must prepare and publish a programme of workStatutory regulator

s.011 Eligibility for appointment Regulated

Other duties (1) — Crown / regulator

Scottish Ministers must ensure diverse expertise when appointing Land CommissionersCrown / Minister / Government department

s.015 Staff Regulated

Other duties (1) — Crown / regulator

Scottish Land Commission must appoint a chief executive and staffStatutory regulator

s.017 Committees Regulated

Other duties (1) — Crown / regulator

Scottish Land Commission may establish and delegate to committeesStatutory regulator

s.018 Regulation of procedure Regulated

Other duties (1) — Crown / regulator

Scottish Land Commission must maintain a register of interestsStatutory regulator

s.019 Accounts Regulated

Other duties (1) — Crown / regulator

Scottish Land Commission must maintain accounts and allow public inspectionStatutory regulator

s.020 Annual report Regulated

Other duties (1) — Crown / regulator

Scottish Land Commission must publish and lay annual performance reportsStatutory regulator

s.022 Functions of the Land Commissioners Regulated

Other duties (1) — Crown / regulator

Land Commissioners must review land law and provide guidanceStatutory regulator

s.024 Functions of the Tenant Farming Commissioner Regulated

Other duties (1) — Crown / regulator

Tenant Farming Commissioner must promote good agricultural landlord-tenant relationsStatutory regulator

s.027 Tenant Farming Commissioner: codes of practice Regulated

Other duties (1) — Crown / regulator

Tenant Farming Commissioner must create codes of practice for agricultural holdingsStatutory regulator

s.031 Enforcement powers Regulated

Provide information to the Tenant Farming Commissioner when requestedAny Person

s.032 Notice of non-compliance penalty Regulated

Other duties (1) — Crown / regulator

Tenant Farming Commissioner must provide specific details in penalty noticesStatutory regulator

s.033 Report on inquiry Regulated

Other duties (1) — Crown / regulator

Tenant Farming Commissioner must publish inquiry reports on code breachesStatutory regulator

s.034 Tenant Farming Commissioner: confidentiality of information Prosecution

Unlawfully disclose confidential Tenant Farming Commissioner informationAny Person

Unlimited fine

s.036 Report on operation of agents of landlords and tenants Regulated

Other duties (1) — Crown / regulator

Tenant Farming Commissioner must report on agents' operationStatutory regulator

s.037 Recommendations by Tenant Farming Commissioner for modern list of improvements Regulated

Other duties (1) — Crown / regulator

Tenant Farming Commissioner must recommend improvements for agricultural holdingsStatutory regulator

18 other sections in this Part — procedural and definitional

s.004 The Scottish Land Commission

s.005 Status

s.006 Functions of the Commission

s.007 General powers

s.010 Membership

s.012 Disqualification from membership

s.013 Resignation and removal

s.014 Remuneration, allowances and pensions

s.016 Validity of things done

s.021 Application of legislation relating to public bodies

s.023 Land Commissioners: delegation of functions

s.025 Tenant Farming Commissioner: delegation of functions

s.026 Acting Tenant Farming Commissioner

s.028 Tenant Farming Commissioner: promotion of codes of practice

s.029 Application to inquire into breach of code of practice

s.030 Procedure for inquiry

s.035 Protection from actions for defamation

s.038 Referral of questions of law by Tenant Farming Commissioner to Land Court

Part 3

Information about control of land

2 of 5 sections shown

s.041 Procedure for first regulations under section 39: consultation Regulated

Other duties (1) — Crown / regulator

Scottish Ministers must consult on land ownership transparency regulationsCrown / Minister / Government department

s.042 Procedure for first regulations under section 39: explanatory document Regulated

Other duties (1) — Crown / regulator

Scottish Ministers must provide an explanatory document for land regulationsCrown / Minister / Government department

3 other sections in this Part — procedural and definitional

s.039 Information about persons with controlling interests in owners and tenants of land

s.040 Procedure for first regulations under section 39

s.043 Power of Keeper to request or require information relating to proprietors of land etc.

Part 4

Engaging communities in decisions relating to land

1 of 1 section shown

s.044 Guidance on engaging communities in decisions relating to land Regulated

Other duties (1) — Crown / regulator

Scottish Ministers must issue guidance on community engagement in land decisionsCrown / Minister / Government department

Part 5

Right to buy land to further sustainable development

8 of 29 sections shown

s.052 Register of Applications by Community Bodies to Buy Land Regulated

Community bodies must notify the Keeper of changes to contact detailsAny Person

s.056 Right to buy: Ministers' decision on application Regulated

Other duties (1) — Crown / regulator

Scottish Ministers must assess community land-buy applications against statutory criteriaCrown / Minister / Government department

s.058 Right to buy same land exercisable by only one Part 5 community body Regulated

Other duties (1) — Crown / regulator

Scottish Ministers must decide between competing community land-buy applicationsCrown / Minister / Government department

s.060 Notification of Ministers' decision on application Regulated

Other duties (1) — Crown / regulator

Scottish Ministers must notify all parties of land buy-out decisionsCrown / Minister / Government department

s.062 Confirmation of intention to proceed with purchase and withdrawal Regulated

Confirm your intention to buy the land within 21 daysAny Person

s.063 Completion of purchase Regulated

Provide documents and transfer title to community purchasersLandlord

s.065 Assessment of value of land etc. Regulated

Other duties (1) — Crown / regulator

Scottish Ministers must appoint an independent valuerCrown / Minister / Government department

s.066 Acquisition of interest of tenant over land: allocation of rents etc. Regulated

Other duties (1) — Crown / regulator

Valuer must determine rent allocation and notify partiesTribunal / Court

21 other sections in this Part — procedural and definitional

s.045 Meaning of “land”

s.046 Eligible land

s.047 Eligible land: salmon fishings and mineral rights

s.048 Eligible land: tenant's interests

s.049 Part 5 community bodies

s.050 Provisions supplementary to section 49

s.051 Interpretation of Part

s.053 Inclusion in New Register of applications for right to buy abandoned, neglected or detrimental land

s.054 Right to buy: application for consent

s.055 Right to buy: application procedure

s.057 Ballot to indicate approval for purposes of section 56

s.059 Consent conditions

s.061 Effect of Ministers' decision on right to buy

s.064 Completion of transfer

s.067 Compensation

s.068 Grants towards liabilities to pay compensation

s.069 Appeals to sheriff

s.070 Appeals to Lands Tribunal: valuation

s.071 Reference to Lands Tribunal of questions on applications

s.072 Agreement as to matters appealed

s.073 Mediation

Part 6

Entry in valuation roll of shootings and deer forests

0 of 3 sections shown

3 other sections in this Part — procedural and definitional

s.074 Repeal of exclusion of shootings and deer forests from valuation roll

s.075 Valuation of shootings and deer forests

s.076 Net annual value of deer forests

Part 7

Common good land

0 of 1 section shown

1 other section in this Part — procedural and definitional

s.077 Change of use of land forming part of the common good

Part 8

Deer management

1 of 5 sections shown

s.082 Increase in penalty for failure to comply with control scheme Imprisonment

Fail to comply with a deer control schemeAny Person

4 other sections in this Part — procedural and definitional

s.078 Functions of deer panels

s.079 Review of compliance with code of practice on deer management

s.080 Deer management plans

s.081 Power to require return on number of deer planned to be killed

Part 9

Access rights

0 of 2 sections shown

2 other sections in this Part — procedural and definitional

s.083 Core paths plans

s.084 Access rights: service of court applications

Part 10

Agricultural holdings

23 of 39 sections shown

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

amended 1 time (opens in a new tab)

s.101 1991 Act tenancies: rent review

amended 1 time (opens in a new tab)

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

amended 1 time (opens in a new tab)

s.103 Assignation of 1991 Act tenancies

amended 1 time (opens in a new tab)

s.104 Assignation of limited duration tenancies

amended 1 time (opens in a new tab)

s.105 Assignation of modern limited duration tenancies

amended 1 time (opens in a new tab)

s.107 Bequest of 1991 Act tenancies

amended 1 time (opens in a new tab)

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

amended 5 times (opens in a new tab)

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

amended 1 time (opens in a new tab)

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

amended 2 times (opens in a new tab)

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

amended 6 times (opens in a new tab)

s.112 Amnesty for certain improvements by tenant

amended 2 times (opens in a new tab)

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

amended 1 time (opens in a new tab)

s.114 Amnesty notice Regulated

Provide a formal amnesty notice for agricultural land improvementsAny Person

amended 1 time (opens in a new tab)

s.115 Objection by landlord

amended 1 time (opens in a new tab)

s.116 Referral to Land Court

amended 1 time (opens in a new tab)

s.117 Amnesty agreements

amended 1 time (opens in a new tab)

s.118 Arbitration and other dispute resolution

amended 1 time (opens in a new tab)

s.119 Notice required for certain improvements by landlord

amended 1 time (opens in a new tab)

s.120 Rent increase for certain improvements by landlord

amended 1 time (opens in a new tab)

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

amended 1 time (opens in a new tab)

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

amended 1 time (opens in a new tab)

s.123 Irritancy for non-payment of rent

amended 1 time (opens in a new tab)

16 other sections in this Part — procedural and definitional

s.085 Modern limited duration tenancies: creation

s.086 Modern limited duration tenancies: subletting

s.087 Modern limited duration tenancies: termination and continuation

s.088 Modern limited duration tenancies: fixed equipment

s.089 Modern limited duration tenancies: irritancy

s.090 Conversion of 1991 Act tenancies into modern limited duration tenancies

s.091 Conversion of limited duration tenancies into modern limited duration tenancies

s.092 Repairing tenancies: creation

s.093 Repairing tenancies: subletting

s.094 Repairing tenancies: termination, continuation and extension

s.095 Repairing tenancies: fixed equipment

s.096 Repairing tenancies: resumption of land by landlord

s.097 Repairing tenancies: irritancy

s.098 Repairing tenancies: compensation

s.099 Tenant's right to buy: removal of requirement to register

s.106 Assignation of repairing tenancies

Part 11

Small landholdings

1 of 1 section shown

s.124 Review of small landholdings legislation Regulated

Other duties (1) — Crown / regulator

Scottish Ministers must review and report on small landholdings legislationCrown / Minister / Government department

amended 1 time (opens in a new tab)

Part 12

General and miscellaneous

2 of 7 sections shown

s.128 Crown application

amended 1 time (opens in a new tab)

s.129 Minor and consequential modifications

amended 3 times (opens in a new tab)

5 other sections in this Part — procedural and definitional

s.125 General interpretation

s.126 Subordinate legislation

s.127 Ancillary provision

s.130 Commencement

s.131 Short title

Schedules

0 of 22 shown

22 other schedules

s.001 RIGHT TO BUY LAND TO FURTHER SUSTAINABLE DEVELOPMENT: MINOR AND CONSEQUENTIAL MODIFICATIONS

s.sch001 (1) The Land Reform (Scotland) Act 2003 is amended as...

s.sch002 AGRICULTURAL HOLDINGS: MINOR AND CONSEQUENTIAL MODIFICATIONS

s.sch002 (1) The Sheriff Courts (Scotland) Act 1907 is amended as...

s.sch002 (1) The 2003 Act is amended as follows.

s.sch002 (1) The 1991 Act is amended as follows.

s.sch002 (1) The 2003 Act is amended as follows.

s.sch002 (1) The Agricultural Holdings (Amendment) (Scotland) Act 2012 is amended...

s.sch002 (1) The Succession (Scotland) Act 1964 is amended as follows....

s.sch002 (1) The 1991 Act is amended as follows.

s.sch002 (1) The 2003 Act is amended as follows.

s.sch002 (1) The Agricultural Holdings (Amendment) (Scotland) Act 2012 is amended...

s.sch002 (1) The 1991 Act is amended as follows.

s.sch002 (1) The 2003 Act is amended as follows.

s.sch002 (1) The Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 is...

s.sch002 (1) The 1991 Act is amended as follows.

s.sch002 (1) The Crofters (Scotland) Act 1993 is amended as follows....

s.sch002 (1) The Children (Scotland) Act 1995 is amended as follows....

s.sch002 (1) The Town and Country Planning (Scotland) Act 1997 is...

s.sch002 (1) The 2003 Act is amended as follows.

s.sch002 (1) The Antisocial Behaviour etc. (Scotland) Act 2004 is amended...

s.sch002 (1) The Housing (Scotland) Act 2006 is amended as follows....

Help complying

Guvnor’s practical routes through this instrument.

Regulations that apply to your farm

A quick decision-tree navigator that helps you identify which regulations apply to your specific farm based on what you keep, grow, and …

Check which type of agricultural tenancy you have in Scotland

Whether your Scottish farm tenancy falls under the 1991 Act or the 2003 Act depends on when the lease was entered into. …

Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.