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Land Reform (Scotland) Act 2025

Type Act of the Scottish Parliament

Publication 2025-12-16

Last updated 2026-03-16

State In force

Jurisdiction Scotland

Department Statute Law Database

Source legislation.gov.uk

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Part 1 — Land reform

Chapter 1 — Large land holdings: Management and transfer of ownership

Community-engagement obligations in relation to large land holding

1

(1) The Land Reform (Scotland) Act 2016 is modified as follows.

(2) The title of Part 4 becomes “Community engagement in relation to land”.

(3) Before section 44 insert—

(4) After section 44 insert—

(44A) (1) The Scottish Ministers may by regulations impose obligations on the owner of land for the purpose of promoting community engagement in relation to the land. (2) Without prejudice to the generality of the power conferred by this section, the Scottish Ministers must exercise it to impose obligations in accordance with sections 44C, 44D and 44E. (3) Regulations under this section may impose obligations only in connection with land to which section 44F applies. (4) Regulations under this section are to be informed by the land rights and responsibilities statement published in accordance with Part 1. (5) The Scottish Ministers must, before laying a draft of any regulations under this section, consult— (a) the Land and Communities Commissioner, and (b) such other persons as they consider appropriate. (44B) (1) The Scottish Ministers may by regulations make further provision in connection with obligations imposed by virtue of section 44A. (2) The further provision that may be made under subsection (1) includes— (a) the conferral of functions on public bodies, (b) provision requiring the payment of reasonable fees. (3) The Scottish Ministers must, before laying a draft of any regulations under this section, consult— (a) the Land and Communities Commissioner, and (b) such other persons as they consider appropriate. (44C) (1) Regulations under section 44A must require the owner of land to ensure that— (a) there is a publicly available land management plan in relation to the land, (b) there is engagement with communities and tenants (including, where relevant, crofters and small landholders) on the development of, and significant changes to, the plan, (c) the plan is reviewed and, where appropriate revised, before the end of each period of 5 years beginning with the day on which the latest version of it was made publicly available. (2) Subsection (1) does not require the obligation it describes to be imposed in connection with all land to which section 44F applies. (3) Regulations under section 44A must set out the information that a land management plan is to contain, which is to include— (a) details of the land to which the plan relates, including how the ownership is structured, (b) the owner’s long-term vision and objectives for managing the land, including its potential sale, (c) the steps taken by the owner to engage with communities and tenants (including, where relevant, crofters and small landholders) in relation to the development of the plan, (d) how that engagement influenced the development of the plan, (e) how, in relation to the land, the owner is complying or intends to comply with— (i) the obligations set out in the regulations, (ii) the Scottish Outdoor Access Code in operation in pursuance of section 10 of the Land Reform (Scotland) Act 2003, (iii) the code of practice on deer management in operation in pursuance of section 5A of the Deer (Scotland) Act 1996, (f) how the owner is managing or intends to manage the land in a way that contributes towards— (i) achieving the net-zero emissions target set by section A1 of the Climate Change (Scotland) Act 2009, (ii) adapting to climate change, (iii) increasing biodiversity, (g) how the owner is having regard to, or intends to have regard to, any local place plan in relation to the land (in whole or in part) registered with a planning authority in accordance with schedule 19 of the Town and Country Planning (Scotland) Act 1997. (4) Regulations under section 44A may, in particular, include provision about the manner in, and the period of time within, which the owner of land may or must comply with obligations imposed in accordance with subsection (1), for example— (a) provision requiring the owner to ensure that a land management plan is given to another person in order that all land management plans can be published on a single website, (b) provision about the timescales for compliance in circumstances where ownership of land is transferred. (5) Subsection (6) applies where— (a) in accordance with section 29(2) of the Interpretation and Legislative Reform (Scotland) Act 2010 a draft Scottish statutory instrument is laid before the Scottish Parliament containing either— (i) regulations imposing the obligation described in subsection (1), or (ii) regulations modifying the obligation imposed in accordance with that subsection, and (b) the effect of those regulations would be that the obligation imposed in accordance with subsection (1) would not apply in relation to all of the land to which section 44F applies. (6) At the same time as laying the draft instrument mentioned in subsection (5) before the Parliament, the Scottish Ministers must also lay before the Parliament a statement of their reasons for not imposing the obligation described in subsection (1) in relation to all of the land to which section 44F applies. (44D) (1) Regulations under section 44A must require the owner of land to give consideration to a reasonable request from a community body to lease the land or any part of it (including any building on it). (2) Subsection (1) does not require the obligation it describes to be imposed in connection with all land to which section 44F applies. (3) Subsection (4) applies where— (a) in accordance with section 29(2) of the Interpretation and Legislative Reform (Scotland) Act 2010 a draft Scottish statutory instrument is laid before the Scottish Parliament containing either— (i) regulations imposing the obligation described in subsection (1), or (ii) regulations modifying the obligation imposed in accordance with that subsection, and (b) the effect of those regulations would be that the obligation imposed in accordance with subsection (1) would not apply in relation to all of the land to which section 44F applies. (4) At the same time as laying the draft instrument mentioned in subsection (3) before the Parliament, the Scottish Ministers must also lay before the Parliament a statement of their reasons for not imposing the obligation described in subsection (1) in relation to all of the land to which section 44F applies. (5) In this section, “community body” means a community body within the meaning of section 34 of the Land Reform (Scotland) Act 2003. (44E) (1) Regulations under section 44A must require the owner of land to give consideration to a reasonable request from a community body for the landowner to apply under section 3A(1) of the 1993 Act to have constituted as a croft— (a) the whole of the land (provided it is all in a crofting area), or (b) any part of the land that is in a crofting area. (2) Subsection (1) does not require the obligation it describes to be imposed in connection with all land to which section 44F applies. (3) In this section— - “1993 Act” means the Crofters (Scotland) Act 1993, - “community body” means— a community body within the meaning of section 34 of the Land Reform (Scotland) Act 2003, or a crofting community body within the meaning of section 71 of that Act, - “crofting area” means— any of the crofting counties within the meaning of section 61 of the 1993 Act, or any area designated by virtue of section 3A(1)(b) of that Act. (44F) (1) This section applies to land that is— (a) a single holding, or (b) a composite holding, that exceeds 1,000 hectares in area. (2) For the purposes of this section— (a) a single holding is the whole of a contiguous area of land in the ownership of one person or set of persons, (b) two or more single holdings form a composite holding if the conditions in subsection (3) are met. (3) The conditions referred to in subsection (2)(b) are that— (a) each of the single holdings in question is contiguous with at least one of the others, and (b) the owner of one single holding (“holding A”)— (i) is an owner, or connected to the owner, of another single holding (“holding B”) with which holding A is contiguous, and (ii) where there are more than two single holdings, is also the owner of, or connected to the owner of, every other single holding. (4) For the purposes of subsection (2)(a), an area of land is to be treated as being contiguous with another if any part of the area is within 250 metres of any part of the other. (5) For the purposes of subsection (3)— (a) a holding is contiguous with another if a boundary of the holding is (wholly or partly) contiguous with a boundary of the other, (b) a boundary of a holding is to be treated as being contiguous with a boundary of another if any part of the boundary is within 250 metres of the other, (c) references to the owner of a holding, in a case where the holding is owned by more than one person (whether jointly or in common), are to be read as references to an owner of the holding, (d) whether a person is connected to another is to be determined in accordance with schedule A1. (6) In this section, “land” includes— (a) the foreshore, being the land between the high and low water marks of ordinary spring tides, and (b) other land covered with water except the seabed. (44G) (1) The Scottish Ministers must issue guidance about obligations imposed by regulations under section 44A. (2) Before issuing guidance under subsection (1), the Scottish Ministers must consult— (a) the Land and Communities Commissioner, and (b) such other persons as they consider appropriate. (3) The Scottish Ministers must make publicly available the latest version of any guidance issued under subsection (1) as soon as practicable after issuing it. (44H) (1) A person mentioned in subsection (2) may submit a report of an alleged breach of an obligation imposed by regulations under section 44A to the Land and Communities Commissioner. (2) The persons referred to in subsection (1) are— (a) a body that has registered an interest, or is eligible to register an interest, under Part 2 of the Land Reform (Scotland) Act 2003 in the land to which the report of the alleged breach relates, (b) a community council, if the land to which the report of the alleged breach relates falls wholly or partly within its area, (c) the Crofting Commission, if the land to which the report of the alleged breach relates falls (wholly or partly) within the crofting counties or an area that has been designated by order under section 3A(1)(b) of the Crofters (Scotland) Act 1993 by the Scottish Ministers, (d) a grazings committee or a grazings constable, if the land to which the report of the alleged breach relates falls (wholly or partly) within the common grazing in relation to which the committee or, as the case may be, the constable is appointed under section 47 of the Crofters (Scotland) Act 1993, (e) Highlands and Islands Enterprise, if the land to which the report of the alleged breach relates falls (wholly or partly) within the area in relation to which it exercises functions in accordance with section 21(1) of the Enterprise and New Towns (Scotland) Act 1990, (f) Historic Environment Scotland, (g) a local authority, if the land to which the report of the alleged breach relates falls (wholly or partly) within its area, (h) a National Park authority, if the land to which the report of the alleged breach relates falls (wholly or partly) within the National Park in relation to which it exercises its functions, (i) Scottish Enterprise, (j) the Scottish Environment Protection Agency, (k) Scottish Natural Heritage, (l) South of Scotland Enterprise, if the land to which the report of the alleged breach relates falls (wholly or partly) within the South of Scotland. (3) A report under subsection (1) must contain— (a) details of the person that submitted the report, (b) details of the alleged breach, (c) the provision of the regulations imposing the obligation that is alleged to have been breached. (4) In this section— - “community council” means a community council established by virtue of Part IV of the Local Government (Scotland) Act 1973, - “crofting counties” is to be construed in accordance with section 61 of the Crofters (Scotland) Act 1993, - “National Park authority” means an authority on which functions have been conferred by the National Parks (Scotland) Act 2000 in relation to an area designated as a National Park in an order made under section 7 of that Act, - “South of Scotland” is to be construed in accordance with section 21 of the South of Scotland Enterprise Act 2019, - “South of Scotland Enterprise” means the body corporate established by section 1 of the South of Scotland Enterprise Act 2019. (44I) (1) The Land and Communities Commissioner must investigate an alleged breach reported under section 44H if satisfied— (a) that— (i) the report contains sufficient information to proceed to an investigation, or (ii) sufficient information to proceed to an investigation has been provided in response to a request under subsection (2), and (b) that the report is not based on substantially the same facts as a previous report from the same person. (2) Where the Commissioner is not satisfied that the report contains sufficient information to proceed to an investigation, the Commissioner may require the person that submitted the report to provide such additional information as the Commissioner considers appropriate, by the end of such period as the Commissioner may specify. (3) The Commissioner may decline to investigate a report of an alleged breach by giving notice in writing to the person that submitted the report where— (a) the condition in subsection (1)(a) or, as the case may be, (1)(b) is not satisfied, (b) a request by the Commissioner under subsection (2) for additional information has been made and the period specified for providing the information has expired without the requested information being provided, (c) the Commissioner considers that a request under subsection (2) for additional information would not provide sufficient information to proceed to an investigation, or (d) the alleged breach is one in relation to which a fine has been imposed under section 44K. (4) Where the Commissioner must, in accordance with this section, investigate an alleged breach, the Commissioner must— (a) give notice in writing to the person that submitted the report that the Commissioner has decided to investigate the alleged breach, and (b) send to the person alleged to have committed the breach— (i) a copy of the report alleging the breach, and (ii) a request for the person’s response to the report within a period specified by the Commissioner. (5) Nothing in this section precludes the Commissioner, despite no report having been submitted under section 44H(1), from— (a) investigating whether an obligation imposed by regulations under section 44A might have been breached, (b) proceeding to investigate an alleged breach, where the Commissioner considers that it would be appropriate in the circumstances to do so. (6) Where subsection (5) applies and the Commissioner decides to investigate the alleged breach, the Commissioner must— (a) prepare a report setting out— (i) details of the alleged breach, (ii) the provision of the regulations imposing the obligation that is alleged to have been breached, and (b) send to the person alleged to have committed the breach— (i) a copy of that report, and (ii) a request for the person’s response to the report within a period specified by the Commissioner. (7) When complying with an obligation under subsection (4)(b)(i) or (6)(b)(i), the Commissioner may do so by providing the report in a redacted form if— (a) the report contains information about a person, other than the person that submitted the report, which is relevant to the investigation of the alleged breach to which the report relates, and (b) the disclosure of that personal information in the report could result in that person being identified. (44J) (1) The Land and Communities Commissioner may, at any time during an investigation under this Chapter, require any person to provide any information that the Commissioner considers appropriate for the purposes of the investigation. (2) The Commissioner may, by notice, impose a fine on a person for failing to comply with a requirement under subsection (1). (3) The amount of a fine imposed under this section is to be determined by the Commissioner, but must not exceed £1,000. (44K) (1) Having determined, following an investigation under this Chapter (other than an investigation under section 44M), that an obligation has been breached, the Land and Communities Commissioner may, by notice, impose a fine on the person that committed the breach. (2) But the Commissioner may impose a fine under this section only if— (a) the person that committed the breach has been given an opportunity to reach an agreement with the Commissioner about what the person must do to remedy the breach and the person either— (i) has refused to reach an agreement, or (ii) having reached an agreement, has failed to fulfil it, or (b) the Commissioner does not consider it appropriate to give the person that committed the breach an opportunity to remedy it, having regard to the person’s previous failure (or failures) to comply with an obligation imposed by regulations under section 44A. (3) The amount of a fine imposed under this section is to be determined by the Commissioner, but must not exceed £40,000. (44L) (1) A person on whom a fine is imposed under section 44J, 44K or 44M may appeal to the Lands Tribunal for Scotland against the fine on the ground that the decision to impose it— (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). (2) An appeal under subsection (1) must be made before the end of the period of 28 days beginning with the day on which the notice imposing the fine was received by the person making the appeal. (3) Where an appeal under subsection (1) is made, the fine is suspended from the day on which the appeal is made until the day on which it is determined or withdrawn. (4) On an appeal under subsection (1), the Tribunal may overturn, confirm or vary the fine. (5) In the case of an appeal against a fine imposed under section 44K, having overturned the fine, the Tribunal may remit the matter to the Land and Communities Commissioner to give the person concerned an opportunity to reach an agreement with the Commissioner about what the person must do to remedy the breach in relation to which the fine was imposed. (6) Where a matter is remitted to the Commissioner and the person concerned— (a) refuses to reach an agreement with the Commissioner about what the person must do to remedy the breach in question, or (b) reaches such an agreement but fails to fulfil it, the Commissioner may exercise again the power conferred by section 44K to impose a fine on the person in respect of the breach. (44M) (1) This section applies where a fine has been imposed under section 44K and either— (a) the period specified in section 44L(2) in respect of that fine has expired and no appeal has been made, or (b) if an appeal against that fine has been made under section 44L, either— (i) the appeal has been withdrawn, or (ii) the appeal has been determined, the existence of the breach has been upheld, and the Tribunal has not remitted the matter to the Land and Communities Commissioner under section 44L(5). (2) The Land and Communities Commissioner may investigate whether the breach in respect of which the fine was imposed has been remedied. (3) Having determined, following an investigation under subsection (2), that the breach has not been remedied, the Land and Communities Commissioner may serve notice (“an enforcement notice”) on the person that committed the breach specifying— (a) the obligation in relation to which the person remains in breach, (b) the steps that must be taken to remedy the breach, (c) the period within which those steps must be taken, which period must not be less than 28 days beginning with the day on which the enforcement notice is received, and (d) that a further fine may be imposed on the person if the breach is not remedied within that period. (4) Subject to section 44N, on expiry of the period specified in the enforcement notice in accordance with subsection (3)(c), the Land and Communities Commissioner may— (a) investigate whether the steps specified in the enforcement notice have been taken and the breach remedied, (b) if satisfied that the breach has not been remedied, impose, by notice, a fine on the person that committed the breach. (5) The amount of a fine imposed under this section is to be determined by the Commissioner, but must not exceed £40,000. (6) This section (apart from subsection (1)) applies where a fine has been imposed under subsection (4)(b) as it applies where a fine has been imposed under section 44K, and either— (a) the period specified in section 44L(2) in respect of that fine has expired and no appeal has been made, or (b) if an appeal has been made against that fine under section 44L, either— (i) the appeal has been withdrawn, or (ii) the appeal has been determined and the failure to remedy the breach has been upheld. (44N) (1) A person on whom an enforcement notice is served under section 44M may appeal to the Lands Tribunal for Scotland, on a ground specified in subsection (2), against— (a) the decision to serve the enforcement notice, (b) the steps specified in the enforcement notice, (c) the time period specified in the enforcement notice. (2) The grounds are that the matter being appealed against— (a) was based on an error of fact, (b) was wrong in law, (c) was unfair or unreasonable for any reason. (3) An appeal under subsection (1) must be made before the end of the period of 28 days beginning with the day on which the enforcement notice was received by the person making the appeal. (4) Where an appeal under subsection (1) is made, the enforcement notice is suspended from the day on which the appeal is made until the day on which it is determined or withdrawn. (5) On an appeal under subsection (1), the Tribunal may overturn, confirm, or vary the enforcement notice. (44O) (1) A notice imposing a fine under section 44J, 44K or 44M must be in writing and state— (a) the grounds for imposing the fine, (b) the amount of the fine, (c) the period within which the fine must be paid, which period must be not less than 28 days beginning with the day on which the notice imposing the fine is received, (d) how it must be paid, (e) information about the right to appeal under section 44L, and (f) the consequences of failure to make payment within the period specified. (2) For the purpose of subsection (1)(c), a notice is deemed to be received 48 hours after it is sent. (44P) (1) Money received by the Commission in payment of a fine imposed under section 44J, 44K or 44M must be paid into the Scottish Consolidated Fund. (2) The Commission may recover any fine imposed under any of those sections as a civil debt. (44Q) (1) A relevant person must not disclose any information which has been obtained by or on behalf of the Land and Communities Commissioner for the purposes of an investigation under this Chapter unless authorised to do so. (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 Commissioner of the Commissioner’s functions, (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), “relevant person” means any individual who is or was— (a) the Commissioner (or acting Land and Communities 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. (44R) (1) The Scottish Ministers may by regulations modify this Chapter and schedule A1 so as to change (or clarify)— (a) the land in relation to which obligations may be imposed by regulations under section 44A, (b) the list of persons in section 44H (2), (c) the maximum amount of a fine which may be imposed under section 44K(1) or 44M(4)(b). (2) The Scottish Ministers must, before laying a draft of any regulations under this section, consult such persons as they consider appropriate.

(5) In section 126 (subordinate legislation), in subsection (3), after paragraph (b) insert—

(ba) section 44A, (bb) section 44B, (bc) section 44R,

(6) Insert—

(a) the following before schedule 1 as schedule A1—

Schedule A1 (1) This schedule makes provision for determining whether one person is connected to another for the purposes of section 44F(3)(b).

(b) after paragraph 1 of schedule A1, the text set out in schedule 1.

2

(1) The Land Reform (Scotland) Act 2003 is modified as follows.

(2) In section 39 (procedure for late applications), for subsection (1) substitute—

(1) This section (other than subsections (4A) and (5)) applies in relation to an application to register a community interest in land if— (a) it satisfies— (i) the conditions mentioned in subsection (1A), or (ii) the condition mentioned in subsection (1B), and (b) it is not an application to which section 39ZA applies.

(3) After section 39 insert—

(39ZA) (1) This section applies in relation to an application to register a community interest in land if it— (a) is made by a community body that Ministers invited to make an application in accordance with section 46G, (b) relates to the land in respect of which Ministers invited the community body to make an application, (c) is made within the period that the invitation explained the application had to be made within for it to be considered in accordance with this section, and (d) is the only application that the community body has made within the period in relation to the land. (2) Where this section applies in relation to an application, the procedure for registering community interests in land set out in section 37 is, for the purposes of the application, subject to the following modifications— (a) paragraph (b) of subsection (9) does not apply, and (b) in subsection (17), for “63” there is substituted “30”. (3) Where this section applies in relation to an application, Ministers may not decide that a community interest is to be entered in the register unless they are (additionally to the matters as to which they are to be satisfied under section 38) satisfied— (a) that the level of support within the community for such registration is significantly greater than that which Ministers would, by virtue of subsection (2) of section 38, have considered sufficient for the purposes of subsection (1)(d) of that section, and (b) that the factors bearing on whether it is or is not in the public interest that the community interest be registered are strongly indicative that it is. (4) Where a community interest in land is registered in pursuance of an application in relation to which this section applies— (a) the owner of the land is, for the purposes of this Part of this Act (other than section 59(4)), deemed to have, on the date on which that interest is so registered, given notice under section 48(1) that a transfer is proposed, (b) section 49 does not apply in so far as it relates to that interest, (c) for the purposes of sections 55(2) and (4), 56(3), 59(1), 60A(1) and 65(1)(a), the community body is deemed to have sent the confirmation which Ministers would, had section 49 applied, have required to seek under subsection (2)(a) of that section on the date on which the interest is registered.

(4) After section 46 insert—

(46A) (1) Ministers are to keep a list of the contact details of persons who wish to be notified under section 46D (2)(b) about any possible transfer of land to which section 46L applies in a particular area. (2) A person’s details are to be added to, changed on, and removed from, the list at the person’s request. (3) The reference in subsection (2) to a person’s details includes the specification of the area in relation to which the person wishes to be notified of possible transfers of land. (4) Ministers must issue guidance in relation to the making of a request under subsection (2). (5) Ministers must make publicly available the latest version of any guidance issued under subsection (4) as soon as practicable after issuing it. (46B) (1) The owner of land to which section 46L applies, and any creditor in a standard security having a right to sell the land, is prohibited from— (a) transferring the land, or (b) taking any action with a view to a transfer of the land, until Ministers give notice under section 46E that the prohibition under this section is lifted (but see section 46H(2)). (2) A notice under section 46E lifts the prohibition under subsection (1) until— (a) the land is transferred, or (b) if the land is not transferred within the period of 2 years beginning with the day that the notice is sent, the expiry of that period. (46C) (1) An owner of land, or a creditor in a standard security with the right to sell land, may make a request to Ministers to lift the prohibition under section 46B (1) so that the land can be transferred. (2) A request under subsection (1) is to be made by notice in the prescribed manner. (46D) (1) Having received notification under section 46C or 48 of an intention to transfer land to which section 46L applies, Ministers are to publicise— (a) that the owner or, as the case may be, the creditor intends to transfer the land, and (b) how a community body can register an interest in some or all of the land under Chapter 2. (2) In order to comply with their duty under subsection (1), Ministers must— (a) arrange for prescribed information about the possible transfer of the land to be made publicly available on a website, (b) send prescribed information about the possible transfer of the land to every— (i) person whose contact details they hold on the list kept under section 46A so that the person can be notified about any possible transfer of land in an area that (wholly or partly) subsumes or is subsumed by the area of the land, (ii) community council whose area includes the land, (iii) local authority whose area includes the land, (iv) National Park authority whose area includes the land. (3) In this section, “local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994. (46E) (1) Ministers are to give notice to a person who notified them under section 46C or 48 of an intention to transfer land that the prohibition on transferring the land under section 46B (1) is lifted once the period of 30 days beginning with the day that Ministers fulfilled their duty under section 46D to publicise the possible transfer of the land has expired. (2) If, when that period expires, Ministers are considering whether to impose a prohibition on the transfer of the land under section 46F (1), they are not to give notice under subsection (1) until they have decided whether they are or are not required to impose such a prohibition. (3) If Ministers decide that they are required to impose a prohibition on the transfer of the land under section 46F, they must not give notice under subsection (1) before giving notice under section 46F(2) intimating the imposition of that prohibition. (4) The giving of notice under subsection (1) is not to be delayed by virtue of subsection (2) beyond the period of 60 days beginning with the day that Ministers fulfilled their duty under section 46D to publicise the possible transfer of the land. (5) Any failure to comply with the time limit specified in subsection (4) does not affect the validity of anything done under this section. (46F) (1) In the circumstances mentioned in subsection (3), Ministers are to prohibit the owner of land, and any creditor in a standard security over an interest in the land, from— (a) transferring the land, or (b) taking any action with a view to a transfer of the land, until the expiry of the period mentioned in subsection (2)(b). (2) A prohibition on a person under subsection (1)— (a) is imposed when Ministers give notice intimating that it is imposed, and (b) expires at the end of the period of 70 days beginning with the day it is imposed. (3) The circumstances referred to in subsection (1) are that— (a) Ministers have publicised the possible transfer of the land, or a larger area of land of which it forms part, in accordance with section 46D, (b) a person has submitted to Ministers a note, containing prescribed information, expressing an intention on the part of the person, or another person, to register a community interest in the land (“note of intention to register”), (c) Ministers receive the note of intention to register within the period of 30 days beginning with the day that they sent information about the possible transfer in accordance with section 46D (2)(b), (d) Ministers are satisfied that— (i) before any prohibition they impose under subsection (1) in respect of the land would have expired, it is likely that an application to register a community interest in the land would be made by the person on the part of whom the note of intention to register expresses an intention to register a community interest, and (ii) there is a reasonable prospect of that application resulting in a community interest in the land being registered. (4) For the purpose of subsection (3)— (a) the person on the part of whom a note of intention to register expresses an intention to register a community interest in land need not be a legal person at the time the note is submitted, (b) where Ministers sent the information mentioned in subsection (3)(c) on different days, the reference to the information being sent is to its being sent on the last of those days. (46G) (1) Where, following receipt of a note of intention to register, Ministers impose a prohibition under section 46F (1), they must also send a notice to the person who submitted the note of intention to register that— (a) invites the person said in the note to have an intention to register a community interest in land to make an application under section 37 in relation to the land, and (b) explains that if the person makes the application before the expiry of the period of the prohibition, the application will be considered in accordance with section 39ZA. (2) In this section, “note of intention to register” has the meaning given by section 46F (3)(b). (46H) (1) A transfer of land is of no effect if it is in breach of— (a) section 46B (1), or (b) a prohibition imposed under section 46F (1). (2) Section 46B (1) and a prohibition imposed under section 46F (1) do not apply in relation to— (a) excluded land within the meaning of section 33(1), (b) a transfer to which subsection (1) of section 40 does not apply by virtue of subsection (4) of that section, or (c) a transfer of a kind exempted by section 46M(2). (3) Action is taken with a view to a transfer of land for the purposes of sections 46B and 46F if it would be regarded as having been taken for the purpose of section 40. (46I) (1) Ministers may disapply the prohibition under section 46B (1), or a prohibition imposed under section 46F (1), in relation to any area of land if they are satisfied that— (a) the owner of the land (or any part of it) wants to transfer it in order to alleviate, or avoid, financial hardship, and (b) having to wait for the prohibition to be lifted in accordance with section 46E or, as the case may be, 46F (2)(b) is likely to cause, or worsen, financial hardship for the owner. (2) Ministers may disapply a prohibition in relation to land by virtue of subsection (1) only if a request to do so is made— (a) by the owner of the land, and (b) in the prescribed manner. (3) The disapplication of a prohibition in relation to land by virtue of subsection (1)— (a) begins when the owner of the land receives a notice from Ministers intimating that it is disapplied, and (b) ends on a date specified in the notice. (46J) (1) Where land to which section 46L applies is being transferred, the transferor is to incorporate in the deed giving effect to the transfer a declaration in prescribed form confirming that the transfer is not in contravention of any prohibition under this Chapter. (2) A declaration under subsection (1) is not required if a declaration under section 46K is required in relation to the land being transferred. (46K) Where land is being transferred and that would be in breach of a prohibition but for section 46H (2)(b), the transferor is to incorporate in the deed giving effect to the transfer a declaration— (a) specifying which provision of subsection (4) of section 40 operates so as to make the transfer one to which subsection (1) of that section does not apply, and (b) where the provision so specified is paragraph (a), (e) or (h) of that subsection, stating that the transfer does not form part of a scheme or arrangement, and is not one of a series, the main purpose or effect, or one of the main purposes or effects, of which is the avoidance of the requirements or consequences of this Part of this Act. (46L) (1) This section applies to land that is, or forms part of, a large holding of land. (2) In subsection (1), a “large holding of land” means— (a) a single holding, or (b) a composite holding, that exceeds 1,000 hectares in area. (3) For the purposes of this section— (a) a single holding is the whole of a contiguous area of land in the ownership of one person or set of persons, (b) two or more single holdings form a composite holding if the conditions in subsection (4) are met. (4) The conditions referred to in subsection (3)(b) are that— (a) each of the single holdings in question is contiguous with at least one of the others, and (b) the owner of one single holding (“holding A”)— (i) is an owner, or connected to the owner, of another single holding (“holding B”) with which holding A is contiguous, and (ii) where there are more than two single holdings, is also the owner of, or connected to the owner of, every other single holding. (5) For the purposes of subsection (3)(a), an area of land is to be treated as being contiguous with another if any part of the area is within 250 metres of any part of the other. (6) For the purposes of subsection (4)— (a) a holding is contiguous with another if a boundary of the holding is (wholly or partly) contiguous with a boundary of the other, (b) a boundary of a holding is to be treated as being contiguous with a boundary of another if any part of the boundary is within 250 metres of the other, (c) references to the owner of a holding, in a case where the holding is owned by more than one person (whether jointly or in common), are to be read as references to an owner of the holding, (d) whether a person is connected to another is to be determined in accordance with schedule 1A. (7) In this section, “land” includes— (a) the foreshore, that is to say, the land between the high and low water marks of ordinary spring tides, and (b) other land covered with water except the seabed. (46M) (1) Ministers may by regulations modify this Chapter and schedule 1A so as to change (or clarify)— (a) the period specified in section 46F (2)(b), (b) the land to which section 46L applies. (2) Ministers may by regulations— (a) specify transfers of land to which section 46B(1) and a prohibition imposed under section 46F(1) do not apply, and (b) in consequence of provision made by paragraph (a), modify sections 46J and 46K. (3) Ministers must, before laying a draft of any regulations under this section, consult such persons as they consider appropriate.

3

(1) The Conveyancing and Feudal Reform (Scotland) Act 1970 is modified by subsection (2).

(2) In section 25 (exercise of power of sale) for the words from “sections” to “provisions)” substitute “the prohibitions on transferring land provided for in the Land Reform (Scotland) Act 2003”.

(3) The Land Reform (Scotland) Act 2003 is modified by subsections (4) to (7).

(4) In section 36 (register of community interests in land), after subsection (6) insert—

(6A) Ministers may by regulations— (a) modify this section to change the information and documents required to be in the Register, (b) modify this Part to impose duties on themselves to provide information and documents to the Keeper for the purposes of entering them in the Register.

(5) In section 37 (registration of interest in land), in subsection (19), after “39(2)(b)” insert “or 39ZA (2)(b)”.

(6) In section 63 (compensation), for subsection (1)(c) substitute—

(c) attributable to— (i) the prohibition under section 46B; or (ii) a prohibition imposed under section 37(5)(e) or 46F;

(7) In section 98 (general and supplementary provisions)—

(a) in subsection (1), in the definition of “prescribed”, after “Ministers” insert “and related expressions are to be construed accordingly”,

(b) in subsection (5)—

(i) for “36” substitute “36(6)”,

(ii) after “(4B),” in the first place in which it appears, insert “36(6A),”,

(iii) after “38(2B),” insert “46M,”.

(8) The Land Registration etc. (Scotland) Act 2012 is modified by subsection (9).

(9) In section 42 (notification to Scottish Ministers of certain applications)—

(a) in subsection (1)—

(i) the word “or” immediately preceding paragraph (b) is repealed,

(ii) after paragraph (b) insert—

(c) under section 46B of that Act (prohibition to allow time to register community interest in large land holding), or (d) under section 46F (1) of that Act (prohibition to allow time for invited application to register community interest).

(b) in subsection (2), after “43(2)” insert “or 46K”.

4

(1) The Land Reform (Scotland) Act 2003 is modified as follows.

(2) After Part 2 insert—

(67C) A purported transfer of land by the owner, or a creditor in a standard security having a right to sell the land, is of no effect if— (a) section 67H applies to the land, (b) the purported transfer is not an exempt transfer, and (c) no lotting decision is in effect in relation to the land. (67D) (1) A purported transfer of land by the owner, or a creditor in a standard security having a right to sell the land, is of no effect if— (a) a lotting decision is in effect in relation to the land which states that the land (or any part of it) may only be transferred in lots specified in the decision, (b) the purported transfer is not an exempt transfer, and (c) either— (i) the purported transfer is of an area that does not correspond to a lot specified in the lotting decision, or (ii) the purported transfer would result in the same person or connected persons owning more than one of the lots specified in the lotting decision. (2) But subsection (1) does not prevent the transfer of a part of a lot specified in a lotting decision if Ministers give their approval to the transfer. (67E) (1) Where land to which section 67H applies is being transferred, the transferor is to incorporate in the deed giving effect to the transfer a declaration in prescribed form confirming that the transfer is not in contravention of any prohibition under this Part. (2) A declaration under subsection (1) is not required if a declaration under section 67F is required in relation to the land being transferred. (67F) (1) A deed giving effect to a transfer of land is to include a declaration in accordance with this section where the transfer would be of no effect by virtue of section 67C or 67D but for its being an exempt transfer. (2) A declaration in accordance with this section is one that— (a) specifies which provision of subsection (4) of section 40 operates so as to make the transfer one to which section 67C or, as the case may be, 67D does not apply, and (b) where the provision so specified is paragraph (a), (e) or (h) of that subsection, stating that the transfer does not form part of a scheme or arrangement, and is not one of a series, the main purpose or effect, or one or the main purposes or effects, of which is the avoidance of the requirements or consequences of this Part. (67G) (1) In this Part— (a) a reference to a lotting decision is to a decision by Ministers under section 67N, 67O or 67T about whether land is to be transferred in lots, (b) a reference to the land to which a lotting decision relates refers not only to the whole area of land that the decision states need not be lotted or, as the case may be, may only be transferred in lots, but also to any part of that area. (2) A lotting decision stating that land need not be lotted comes into effect on the day after the day it is made. (3) A lotting decision stating that land may only be transferred in lots comes into effect— (a) where no appeal against it is made under section 67W, on the day after the expiry of the period specified in section 67W (3), (b) where an appeal against it is made under section 67W, on the day the appeal is finally determined or withdrawn. (4) A lotting decision ceases to have effect in relation to an area of land when any of the following occurs— (a) ownership of the area is transferred to a person who is not connected to the person transferring it, (b) the applicable period expires, (c) the decision is withdrawn under section 67R (2)(a), (d) the decision is quashed following an appeal under section 67W. (5) In subsection (4), “the applicable period” means a period beginning with the lotting decision coming into effect and ending— (a) in the case of a lotting decision under section 67N, 1 year later, (b) in the case of a lotting decision under section 67O or 67T, 5 years later. (67H) (1) This section applies to land to which subsection (2) or (3) applies. (2) This subsection applies to land that exceeds 1,000 hectares in area. (3) This subsection applies to land if— (a) it exceeds 50 hectares in area, (b) it forms part of a large holding of land, (c) notice of intention to transfer another part, or parts, of the large holding has been given, and (d) the total area of the following exceeds 1,000 hectares— (i) the area of the land in question, and (ii) the area of the other part, or parts, of the large holding in respect of which notice of intention to transfer has been given, disregarding any area in respect of which missives have concluded since notice of intention to transfer the area (or an area of which it forms part) was given. (4) In this section— - “land” includes— the foreshore, that is to say, the land between the high and low water marks of ordinary spring tides, and other land covered with water except the seabed, - “notice of intention to transfer” means a notice under section 46C or 48. (67I) (1) In section 67H (3), a “large holding of land” means— (a) a single holding, or (b) a composite holding, that exceeds 1,000 hectares in area. (2) For the purposes of this section— (a) a single holding is the whole of a contiguous area of land in the ownership of one person or set of persons, (b) two or more single holdings form a composite holding if the conditions in subsection (3) are met. (3) The conditions referred to in subsection (2)(b) are that— (a) each of the single holdings in question is contiguous with at least one of the others, and (b) the owner of one single holding (“holding A”)— (i) is an owner, or connected to the owner, of another single holding (“holding B”) with which holding A is contiguous, and (ii) where there are more than two single holdings, is also the owner of, or connected to the owner of, every other single holding. (4) For the purposes of subsection (2)(a), an area of land is to be treated as being contiguous with another if any part of the area is within 250 metres of any part of the other. (5) For the purposes of subsection (3)— (a) a holding is contiguous with another if a boundary of the holding is (wholly or partly) contiguous with a boundary of the other, (b) a boundary of a holding is to be treated as being contiguous with a boundary of another if any part of the boundary is within 250 metres of the other, (c) references to the owner of a holding, in a case where the holding is owned by more than one person (whether jointly or in common), are to be read as references to an owner of the holding. (67J) (1) Whether a person is connected to another for the purposes of the provisions mentioned in subsection (2) is to be determined in accordance with schedule 1A. (2) The provisions referred to in subsection (1) are sections 67D(1)(c), 67G(4) and 67I(3)(b). (67K) A transfer of a kind mentioned in section 40(4) is an exempt transfer for the purposes of sections 67C and 67D. (67L) (1) Ministers are to make a lotting decision in respect of land under section 67N or 67O where— (a) they receive a valid application asking them to make one, (b) a lotting decision in respect of the land is quashed following an appeal under section 67W. (2) For the purposes of this section, an application is valid if— (a) it is made by— (i) the owner of the land in respect of which the application asks for a lotting decision, (ii) the owner of part of that land where it forms part of a composite holding for the purposes of section 67I, or (iii) a creditor in a standard security having a right to sell the land in respect of which the application asks for a lotting decision, (b) it is made in the prescribed manner, and (c) it does not ask for a lotting decision to be made in respect of land that is (in whole or in part) land in respect of which— (i) a lotting decision is in effect, or (ii) another application asking for a lotting decision is being considered. (67M) (1) Ministers’ duty to make a lotting decision in respect of land under section 67L ceases to apply if they receive a valid request asking them not to make a lotting decision in respect of the land. (2) If, when Ministers cease to be required to make a lotting decision in respect of land by virtue of subsection (1), they had requested but not yet received a report in relation to the land under section 67P, they are to instruct the Commissioner to stop preparing it. (3) For the purposes of this section, a request asking Ministers not to make a lotting decision is valid if— (a) it is made by— (i) the owner of the land in respect of which the application asks for a lotting decision, (ii) the owner of part of that land where it forms part of a composite holding for the purposes of section 67I, or (iii) a creditor in a standard security having a right to sell the land in respect of which the application asks for a lotting decision, and (b) it is made in the prescribed manner. (67N) (1) Ministers may make a lotting decision under this section stating that land need not be transferred in lots if they are satisfied that— (a) the owner of the land (or any part of it) wants to transfer it in order to alleviate, or avoid, financial hardship, and (b) having to wait for a lotting decision under section 67O is likely to cause, or worsen, financial hardship for the owner. (2) A lotting decision may be made under this section only if a valid request to consider doing so has been made to Ministers. (3) If, when Ministers make a lotting decision in respect of land under this section, they had requested but not yet received a report in relation to the land under section 67P, they are to instruct the Commissioner to stop preparing it. (4) For the purposes of this section, a request to consider making a lotting decision under this section is valid if— (a) it is made by the owner, and (b) it is made in the prescribed manner. (67O) (1) Ministers may make a lotting decision under this section stating that land may only be transferred in lots only if they consider that it is in the public interest to do so. (2) A lotting decision will not be in the public interest for the purpose of subsection (1) unless Ministers are satisfied that ownership of the land being transferred in accordance with the decision would be more likely to lead to its being used (in whole or in part) in ways that might make a community in the vicinity of the land more sustainable than would be the case if all of the land were transferred to the same person. (3) A lotting decision under this section stating that land may only be transferred in lots must— (a) specify those lots, (b) provide a statement of reasons as to why Ministers consider the decision is in the public interest. (4) If Ministers decide not to make a lotting decision stating that land may only be transferred in lots, they must make a lotting decision under this section stating that the land need not be transferred in lots. (5) Ministers may not make any lotting decision in respect of land under this section without requesting, and taking into account, a report under section 67P in relation to the land. (6) In considering for the purposes of this section the effect that a decision stating that land may only be transferred in lots might have on a community in the vicinity of the land, Ministers must have particular regard to the extent to which ownership of land in the community’s vicinity is concentrated. (7) Ministers must make a lotting decision under this section before the expiry of the period of 6 months beginning with the day on which a valid application under section 67L is received. (8) Any failure to comply with the time limit specified in subsection (7) does not affect the validity of anything done by Ministers under this section. (67P) (1) The Land and Communities Commissioner must, when requested to do so by Ministers, prepare and provide them with a report to inform their making of a lotting decision in respect of land under section 67O. (2) The Commissioner is to prepare the report in accordance with any instructions given by Ministers. (3) As well as to Ministers, the Commissioner must send a copy of a report prepared under this section to— (a) the person who applied for the lotting decision in connection with which the report is prepared, or (b) in a case where the report is prepared in connection with a lotting decision that is to be made because a previous lotting decision was quashed, the person who applied for the previous decision. (4) In this section, “the Land and Communities Commissioner” means the person appointed to that office under section 10(1) of the Land Reform (Scotland) Act 2016. (67Q) (1) Ministers must issue guidance about making lotting decisions under section 67O. (2) Guidance issued under subsection (1) must, in particular, include information about— (a) how Ministers expect the process of making a lotting decision to operate in practice, (b) how Ministers will take land being occupied as a croft or a tenancy for agricultural or cultivational purposes into consideration in making a lotting decision, (c) circumstances in which Ministers are to instruct the Land and Communities Commissioner to carry out an initial review of an application and provide a report as soon as is practicable, (d) other circumstances in which a report is to be provided by the Commissioner on the basis of an initial review of an application when instructed by Ministers. (3) In preparing guidance under subsection (1), Ministers must have regard to the public interest. (4) For the purposes of subsection (3), “the public interest” includes the desirability of— (a) achieving a more diverse ownership of land, including more community ownership of land, (b) furthering sustainable development, (c) securing a greater proportion of community owned energy, (d) advancing community wealth building, (e) ensuring an adequate supply of affordable housing and of workspace for employment. (5) Before issuing guidance under subsection (1), Ministers must consult— (a) the Land and Communities Commissioner, and (b) such other persons as they consider appropriate. (6) Ministers must make publicly available the latest version of any guidance issued under subsection (1) as soon as practicable after issuing it. (67R) (1) Ministers are to review a lotting decision that is in effect in relation to land where they receive a valid application asking them to do so. (2) Following a review, Ministers— (a) must, before the expiry of the period of 3 months beginning with the day the application asking for the review was received, either— (i) confirm the lotting decision, or (ii) withdraw the lotting decision and make a new one under section 67T, and (b) may offer to buy, in accordance with section 67U and any regulations made under it, one or more of the lots specified in the lotting decision. (3) Any failure to comply with the time limit specified in subsection (2)(a) does not affect the validity of anything done by Ministers under this section or section 67T. (4) For the purposes of this section, an application is valid if— (a) it is made by the owner of, or a creditor in a standard security having a right to sell, land to which the lotting decision relates, (b) it is made in the prescribed manner, and (c) it is made— (i) in the case of the first application to ask for a review of the lotting decision, more than one year after the decision was made, or (ii) in any other case, more than one year after Ministers received the last application to review the lotting decision. (67S) (1) Ministers’ duty to review a lotting decision in respect of land under section 67R ceases to apply if they receive a valid request asking them to stop the review. (2) For the purposes of this section, a request asking Ministers to stop reviewing a lotting decision is valid if— (a) it is made by the owner of, or a creditor in a standard security having a right to sell, the land to which the lotting decision relates, and (b) it is made in the prescribed manner. (67T) (1) A new lotting decision under this section is to relate to the land to which the original lotting decision relates at the time the new decision is made. (2) The original lotting decision is to be treated as withdrawn on the day that the new decision comes into effect. (3) In subsections (1) and (2), “the original lotting decision” means the decision that is the subject of the review following which the decision under this section is made. (4) A lotting decision under this section may state either that land— (a) may only be transferred in lots, or (b) need not be transferred in lots. (5) Subsections (1), (2), (3) and (6) of section 67O apply to the making of a lotting decision under this section as they do to the making of a lotting decision under that section. (7) Before making a lotting decision under this section, Ministers are to consider whether it would be appropriate to seek advice from a person who appears to them to be suitably qualified, independent and to have knowledge and experience of the transfer of land of a kind which is similar to the land to which the lotting decision would relate. (67U) (1) Ministers may offer to buy land under section 67R (2)(b) following a review of a lotting decision only if they are satisfied that it is likely that the fact that the land has not been transferred since the lotting decision was made is attributable to the land being less commercially attractive than it would have been had the lotting decision not prevented its being transferred along with other land. (2) If Ministers offer to buy land under section 67R (2)(b) it may only be at the price determined to be appropriate— (a) by the appointed valuer, or (b) by the Lands Tribunal on an appeal against the appointed valuer’s determination of the appropriate price by a person to whom Ministers made an offer at that price. (3) An appeal under subsection (2)(b) may not be made after the expiry of the period of 21 days beginning with the day after the day on which Ministers made the offer to buy at the price determined by the appointed valuer. (4) If, in an appeal under subsection (2)(b), the Tribunal determines a higher appropriate price than the appointed valuer did, Ministers must make another offer to buy at the price determined by the Tribunal. (5) In this section, “the appointed valuer” means a person appointed by Ministers who appears to them to be suitably qualified, independent and to have knowledge and experience of valuing land of a kind that is similar to the land in respect of which the offer would be made. (6) Ministers may by regulations make further provision about buying land under section 67R (2)(b), including about how land is to be valued for the purpose of subsection (2). (7) Ministers must, before laying a draft of any regulations under this section, consult such persons as they consider appropriate. (67V) (1) During a review of a lotting decision, a request to Ministers to consider offering to buy land to which the lotting decision relates may be made in a prescribed manner by the owner of the land or a creditor in a standard security with a right to sell the land. (2) Having received such a request in relation to land, Ministers must— (a) decide whether they are satisfied about the matter mentioned in section 67U (1) in relation to the land, and (b) if they decide that they are not, give reasons for that decision in writing to the person who made the request. (3) A person to whom Ministers give reasons for a decision in accordance with subsection (2) may appeal to the Lands Tribunal against the decision. (4) An appeal under subsection (3) may not be made after the expiry of the period of 21 days beginning with the day after the day on which the person making it is given the Ministers’ reasons for the decision in question. (5) If, in an appeal under subsection (3), the Tribunal determines that Ministers are entitled to be satisfied about the matter mentioned in section 67U (1) in relation to an area of land, Ministers are deemed to be satisfied about the matter and (on that basis) must consider making an offer to buy the land under section 67R (2)(b). (67W) (1) The owner of land or a creditor in a standard security with a right to sell land may appeal to the Court of Session against a lotting decision stating that the land (or land of which it forms part) may only be transferred in lots. (2) An appeal under this section may be made on the ground that the lotting decision— (a) is based on an error of fact, (b) is based on an error of law, or (c) is unreasonable. (3) An appeal under this section may not be made after the expiry of the period of 28 days beginning with the day after the day on which the lotting decision was made. (4) In an appeal under this section, the Court may— (a) uphold the lotting decision, or (b) quash the lotting decision (in which event Ministers are to make another in accordance with section 67L). (67X) (1) An owner of land or a creditor in a standard security with a right to sell land is entitled to compensation from Ministers for loss or expense that is— (a) incurred in complying with the procedural requirements of this Part in connection with the land, (b) attributable to a potential transfer of the land being prevented by section 67C, or (c) attributable to a lotting decision stating that the land may only be transferred in lots. (2) The amount of compensation payable under this section to fully compensate a person for loss or expense of a kind mentioned in subsection (1) is to be determined by— (a) Ministers, or (b) the Lands Tribunal on an appeal against Ministers’ determination by the person seeking compensation. (3) An appeal under subsection (2)(b) against a determination by Ministers must be made before the expiry of the period of 28 days beginning with the day that the appellant receives Ministers’ determination. (4) Ministers are by regulations to make further provision about compensation under this section, including about— (a) how claims for compensation to them are to be made, and (b) how the amount of compensation payable is to be determined by them or on their behalf. (5) Ministers must, before laying a draft of regulations under this section, consult such persons as they consider appropriate. (67Y) Having made a lotting decision, Ministers must— (a) give a copy of it to— (i) the owner of the land to which it relates, and (ii) any creditor in a standard security over an interest in the land, (b) inform of the decision any person whose wish to be notified of possible transfers of the land (or any area it wholly or partly subsumes or is subsumed by) is recorded in the list kept in accordance with section 46A. (67Z) A reference in this Part to a creditor in a standard security with a right to sell land is to be construed in accordance with section 67(3). (67Z1) (1) Ministers may by regulations modify this Part and schedule 1A so as to change (or clarify)— (a) what constitutes an exempt transfer for the purposes of sections 67C and 67D, (b) the land to which section 67H applies, (c) the duration of “the applicable period” as defined by section 67G (5), (d) the period mentioned in section 67O(7), (e) the period mentioned in section 67T(8), (f) the period specified in section 67R (4)(c). (2) Ministers must, before laying a draft of any regulations under this section, consult such persons as they consider appropriate.

5

(1) The Land Reform (Scotland) Act 2003 is modified as follows.

(2) In section 98 (general and supplementary provisions)—

(a) in subsection (5), before “71(A1)(b)” insert “67U (6), 67X(4), 67Z1,”,

(b) in subsection (5A), after “51(1)(b),” insert “67O, 67T,”.

6

(1) The Land Reform (Scotland) Act 2003 is modified as follows.

(2) After schedule 1 insert the following as schedule 1A—

Schedule 1A (1) This schedule makes provision for determining whether one person is connected to another for the purposes of the relevant provisions.

(3) If, in the title of schedule 1A, the words “the relevant provisions”—

(a) appear, then for those words—

(i) in paragraph 1 of the schedule substitute “section 46L(4)(b)”,

(ii) in the title of the schedule substitute “Chapter 2A of Part 2”,

(b) do not appear, then—

(i) in paragraph 1 of the schedule after “of” insert “section 46L(4)(b) and”,

(ii) in the title of the schedule after “in” insert “Chapter 2A of Part 2 and”.

(4) If, in the title of schedule 1A, the words “the relevant provisions”—

(a) appear, then for those words—

(i) in paragraph 1 of the schedule substitute “the provisions mentioned in section 67J(2)”,

(ii) in the title of the schedule substitute “Part 2A”,

(b) do not appear, then—

(i) in paragraph 1 of the schedule after “46L(4)(b)” insert “and the provisions mentioned in section 67J(2)”,

(ii) in the title of the schedule after “Chapter 2A of Part 2” insert “and Part 2A”.

(5) After paragraph 1 of schedule 1A insert the text set out in schedule 1.

7

(1) The Land Reform (Scotland) Act 2016 is modified as follows.

(2) In section 4 (the Scottish Land Commission)—

(a) in subsection (4)—

(i) the word “and” immediately preceding paragraph (b) is repealed,

(ii) after paragraph (b) insert

, and (c) the Land and Communities Commissioner.

(b) after subsection (8) insert—

(9) The Land and Communities Commissioner has the functions conferred by section 38A.

(3) In section 6 (functions of the Commission), for “and Tenant Farming Commissioner” substitute “, Tenant Farming Commissioner and Land and Communities Commissioner”.

(4) In section 7 (general powers of the Commission), after subsection (1)(a)(iii) insert—

(iv) the functions of the Land and Communities Commissioner,

(5) In section 8 (the Commission’s strategic plan)—

(a) in subsection (1), for “and the Tenant Farming Commissioner” substitute “, the Tenant Farming Commissioner and the Land and Communities Commissioner”,

(b) in subsection (2)—

(i) after paragraph (a)(iii) insert—

(iv) the Land and Communities Commissioner,

(ii) after paragraph (b)(iii) insert—

(iv) the Land and Communities Commissioner.

(6) In section 11 (eligibility for appointment), after subsection (3) insert—

(3A) In appointing the Land and Communities Commissioner, the Scottish Ministers must ensure that the person appointed has expertise or experience in— (a) land management, and (b) community empowerment.

(7) In section 12 (disqualification from membership)—

(a) after subsection (2) insert—

(2A) A person may not be appointed as the Land and Communities Commissioner if that person is or, within the year preceding the date on which the appointment is to take effect, has been the owner of land in relation to which section 67H of the Land Reform (Scotland) Act 2003 applies.

(b) after subsection (5) insert—

(6) A person’s appointment as the Land and Communities Commissioner ceases if, during the person’s period of appointment, subsection (2A) applies to that person.

(8) In section 17 (committees of the Commission)—

(a) in subsection (1), after paragraph (c) insert—

(d) the functions of the Land and Communities Commissioner.

(b) in subsection (5)(b), for “or of the Tenant Farming Commissioner” substitute “, of the Tenant Farming Commissioner or of the Land and Communities Commissioner”.

(9) In section 20 (annual report), after subsection (1)(a)(iii) insert—

(iv) the functions of the Land and Communities Commissioner,

(10) In section 22 (functions of the Land Commissioners)—

(a) in subsection (3), for paragraph (b) substitute—

(b) collaborate with— (i) the Tenant Farming Commissioner, (ii) the Land and Communities Commissioner.

(b) after subsection (4) insert—

(4A) In so far as the exercise of their functions relates to large landholdings, the Land Commissioners must have regard to the exercise of the Land and Communities Commissioner’s functions conferred by section 38A.

(11) After section 38 insert—

(38A) The functions of the Land and Communities Commissioner are— (a) to enforce, in accordance with sections 44H to 44L, obligations imposed by regulations under section 44A, (b) to exercise the function conferred on the Commissioner by Part 2A of the Land Reform (Scotland) Act 2003, (c) to collaborate with the Land Commissioners in the exercise of their functions to the extent that those functions relate to the functions of the Commissioner, (d) to exercise any other functions conferred on the Commissioner by any enactment. (38B) (1) The Land and Communities Commissioner may authorise the following to exercise such of the Commissioner’s functions, and to such extent, as the Commissioner 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 and Communities Commissioner for the exercise of the Commissioner’s functions. (38C) (1) The Scottish Ministers may appoint a person to carry out the functions of the Land and Communities Commissioner during a period in which the office is vacant (an “acting Land and Communities Commissioner”). (2) A person who is disqualified for appointment as Land and Communities Commissioner is also disqualified for appointment as acting Land and Communities Commissioner. (3) A person appointed as acting Land and Communities 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 Land and Communities Commissioner, a person is to be treated as the Commissioner for all purposes other than those of sections 13 and 14.

Chapter 2 — Functions of the Land Commissioners

8

(1) The Land Reform (Scotland) Act 2016 is modified as follows.

(2) In section 22 (functions of the Land Commissioners)—

(a) in subsection (5), after paragraph (d) insert

, (e) the effects of natural capital markets in relation to other matters relating to land in Scotland.

(b) after subsection (5) insert—

(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.

9

(1) The Land Reform (Scotland) Act 2016 is modified as follows.

(2) In section 22 (functions of the Land Commissioners), in subsection (5), after paragraph (e) (as inserted by section 8(2) of this Act) insert

, (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.

Chapter 3 — Review of part

10

(1) The Land Commissioners must, in pursuance of their function under section 22(1)(a) of the Land Reform (Scotland) Act 2016, review the impact and effectiveness of this Part.

(2) The review must evaluate the impact and effect of this Part on islands and island communities (within the meaning of the Islands (Scotland) Act 2018).

(3) The review must consider the appropriateness of this Part’s application to land as described in section 44F of the Land Reform (Scotland) Act 2016 and sections 46L and 67H of the Land Reform (Scotland) Act 2003, having particular regard to the size of the areas of land, and whether the size of the areas needs to be reduced.

(4) The review must consider the appropriateness of this Part’s application to land as described in section 44F of the Land Reform (Scotland) Act 2016 and sections 46L and 67H of the Land Reform (Scotland) Act 2003, having particular regard to what land is to be treated as contiguous and what land forms a composite holding.

(5) The review must consider—

(a) whether there is greater transparency of land ownership and management as a result of this Part,

(b) whether communities are experiencing greater involvement in decisions about the land on which they live and work as a result of this Part,

(d) whether there is a greater diversification of land ownership as a result of this Part and, if so, the impact this has had on community sustainability,

(e) whether the thresholds for the land to which section 44F of the 2016 Act and sections 46L and 67H of the 2003 Act apply should be amended,

(f) whether there are any loopholes that have been identified in the application of this Part,

(g) any negative unintended consequences of this Part.

(6) The review must be completed no later than 5 years after the day on which this section comes into force.

(7) As soon as reasonably practicable after completing the review, the Land Commissioners must—

(a) prepare a report of the review’s findings,

(b) lay a copy of the report before the Scottish Parliament, and

(8) Within 1 year of a report being laid before the Parliament in accordance with subsection (7)(b), the Scottish Ministers must—

(a) prepare a response to the report which includes—

(i) a statement of any action the Scottish Ministers intend to take as a result of the review’s findings, and

(ii) where the Scottish Ministers do not intend to take any action, a statement of their reasons for that,

(b) lay a copy of the response before the Parliament, and

Part 2 — Leasing land

Chapter 1 — Model leases

11

(1) The Scottish Ministers are to make publicly available a model lease designed for letting land so that it can be used (wholly or partly) for an environmental purpose.

(2) The Scottish Ministers must fulfil their duty under this section before the end of the period of 2 years beginning with the day that the Bill for this Act receives Royal Assent.

(3) The Scottish Ministers may by regulations modify subsection (2) to change the date by which their duty under this section is to be fulfilled.

(4) For the purpose of this section, land is used for an environmental purpose if it is used—

(a) for sustainable and regenerative agriculture,

(b) in a way that contributes towards achieving the net-zero emissions target set by section A1 of the Climate Change (Scotland) Act 2009,

(d) in a way that contributes towards increasing or sustaining biodiversity.

12

(1) The Scottish Ministers are to make publicly available a model lease designed for letting public land so that it can be used for the purpose of building or occupying huts.

(2) The Scottish Ministers must fulfil their duty under this section before the end of the period of 3 years beginning with the day that the Bill for this Act receives Royal Assent.

(3) The Scottish Ministers may by regulations modify subsection (2) to change the date by which their duty under this section is to be fulfilled.

(4) For the purpose of this section, a hut—

(a) is a simple building used intermittently as recreational accommodation,

(b) has an internal floor area of no more than 30 square metres,

(d) is generally not connected to mains water, electricity or sewerage,

(e) is built in such a way that it is removable with little or no trace at the end of its life.

Chapter 2 — Small landholdings

13

Schedule 2 makes provision in respect of certain aspects of the law relating to small landholdings.

14

(1) The Land Reform (Scotland) Act 2016 is modified as follows.

(2) In section 11 (eligibility for appointment), in subsection (3), after “agriculture” insert “and rural land tenure”.

(3) In section 12 (disqualification from membership), in subsection (3)—

(a) the word “or” immediately preceding paragraph (b) is repealed,

(b) after paragraph (b) insert

, or (c) a tenancy of a small landholding (see schedule 2 of the Land Reform (Scotland) Act 2025).

(4) In section 22 (functions of the Land Commissioners), in subsection (4), for “and agricultural holdings” substitute “, agricultural holdings and small landholdings”.

(5) In section 24 (functions of the Tenant Farming Commissioner)—

(a) in subsection (1)—

(i) in paragraph (a), after “agricultural holdings” insert “and small landholdings”,

(ii) in paragraph (d), after “tenants” insert “of agricultural holdings”,

(iii) in paragraph (f), after “agricultural holdings” insert “or small landholdings”,

(iv) in paragraph (g), for “and agricultural holdings” substitute “, agricultural holdings and small landholdings”,

(b) in subsection (2), for “agricultural holdings.” substitute

— (a) agricultural holdings, (b) small landholdings.

(6) Regulations under subsection (5) which make provision about the functions of the Tenant Farming Commissioner as they relate to agricultural holdings may make equivalent provision about the Commissioner’s functions as they relate to small landholdings.

(6) In section 27 (Tenant Farming Commissioner: codes of practice)—

(a) in subsection (1), for “landlords and tenants of agricultural holdings and their agents.” substitute

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