25 June 2015

Recently published by the Scottish Government, the Land Reform Bill has divided opinions across Scotland. Supporters of the Bill have praised its content while opponents have referred to it as “a Big Brother-style land grab".

The ideology behind the Bill is focused on ensuring land in Scotland is used in the public interest and to the benefit of the people of Scotland. But critics have argued that it is this very ideologically-driven agenda which will jeopardise the rural economy.

To summarise, the Bill is broken down into 10 parts:

1. A statement on land rights and responsibilities: This has not yet been published but the Bill imposes a duty on Scottish Ministers to prepare and publish such a statement every 5 years setting out their objectives for land reform.
   
   
2. The establishment of a Scottish Land Commission: The Commission is to be made up of five Land Commissioners and a Tenant Farming Commissioner. One of its main functions will be to review the impact and effectiveness of any law or policy relating to land, and recommend changes.
   
   
3. Access to information about who owns and controls land: The Bill proposes that regulations be made about access to information on “persons in control of land” by “persons affected” by that land. Registers of Scotland will also be empowered to request information relating to proprietors of land.
   
   
4. Engagement of communities in decisions relating to land: Formal guidance will be issued “about engaging communities in decisions relating to land which may affect communities”.
   
   
5. Right to buy land to further sustainable development: Introduction of provisions for community bodies to exercise the right to buy eligible land. The right to buy can only be exercised with the consent of the Scottish Ministers. Undoubtedly one of the most controversial and hotly debated sections of the Bill.
   
   
6. Removal of business rates exemption for sporting estates: This exemption, enjoyed by sporting estates since its introduction by John Major's Conservative government in 1994, will come to an end.
   
   
7. Common good: This section makes changes to local authorities’ power to take land out of the common good, provided consent of the court is granted. It is proposed that these rules will be extended to cover the circumstances where a local authority wants to use the land for a different purpose.
   
   
8. Deer Management: Proposals are included to encourage the engagement of communities in deer management. The functions of deer panels (appointed by Scottish Natural Heritage) will be extended.
   
   
9. Public access rights: Changes are proposed to the rules on the review and amendment of core paths.
   
   
10. Agricultural Holdings: Agricultural holdings reform is a significant aspect of the Bill. Highlights of this section include the introduction of Modern Limited Duration Tenancies (MLDTs). These are to be granted for 10 years with scope for a 5 year break option where the tenant is a new entrant. Short Limited Duration Tenancies survive, despite concerns they might be scrapped. There are also complex changes to rules on succession and assignation of holdings among other matters.

The Bill will now proceed to progress through Parliament before being officially adopted into law. bto will continue to comment as matters progress.

The Land Reform Bill in the press:

'Radical' Scottish land reform plan unveiled

'Radical' land reforms outlined

Information on the Land Reform Bill on the Scottish Parliament Website:

Land Reform (Scotland) Bill

Contact: Jane Steel Partner, js@bto.co.uk T. 0141 221 8012