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Land Reform (Scotland) Act 2016

Type Act of the Scottish Parliament

Publication 2016-04-22

State In force

Jurisdiction Scotland

Department Statute Law Database

Source legislation.gov.uk

Reform history JSON API

PART 1 — Land rights and responsibilities statement

Guidance on engaging communities in decisions relating to land

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(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,

(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.

Publication and review of land rights and responsibilities statement

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(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).

Duty to promote land rights and responsibilities statement

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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.

PART 2 — The Scottish Land Commission

CHAPTER 1 — The Commission

Establishment

The Scottish Land Commission

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(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.

(5) The Scottish Ministers may by regulations amend subsection (4)(a) so as to alter the number of Land Commissioners.

(6) The Commission has the functions conferred by section 6.

(7) The Land Commissioners have the functions conferred by section 22.

(8) The Tenant Farming Commissioner has the functions conferred by section 24.

Status

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(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,

Functions of the Commission

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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.

General powers

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(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,

(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.

Strategic plan and programme of work

Strategic plan

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(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.

Programme of work

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(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,

(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.

Membership

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(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.

Eligibility for appointment

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(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.

Disqualification from membership

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(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,

(d) an officer-holder of the Scottish Administration,

(e) a councillor of any local authority.

(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—

(a) a tenancy to which the 1991 Act applies, or

(b) a tenancy under sections 4, 5, 5A or 5C of the 2003 Act (new types of tenancy).

(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.

(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.

Resignation and removal

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(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,

(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,

(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.

Remuneration and staff

Remuneration, allowances and pensions

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(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,

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.

Staff

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(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.

Operational matters

Validity of things done

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