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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

articles Not indexed

Reform history JSON API

(3) Where a landholder’s interest in buying land is, or has been, registered, the landholder may at any time apply under paragraph 58 (1) to have the interest registered again (with or without modification of the matters specified in the notice of interest).

(4) The Keeper must remove from the Register any registration of a landholder’s interest in buying land which no longer has effect.

61

(1) This paragraph applies where—

(a) a small landholder’s interest in buying the land comprising the landholder’s small landholding has been registered under paragraph 58 (4)(a), and

(b) the registration has not ceased to have effect.

(2) The owner of the land, and any eligible creditor in relation to the land, must, before transferring the land or any part of it to another person, give the landholder notice of any proposal by the owner or (as the case may be) the creditor to make such a transfer.

(3) But sub-paragraph (2) does not apply if the transfer is an exempt transfer for the purposes of this paragraph (see paragraph 62).

(4) Notice under sub-paragraph (2) must be given—

(a) in writing, and

(b) in accordance with such provision (including provision as to the form of the notice) as the Scottish Ministers may prescribe by regulations.

(5) An owner or creditor who gives a landholder notice under sub-paragraph (2) must give a copy of the notice to the Keeper.

(6) In this Part, “eligible creditor”, in relation to land, means a creditor in a standard security with a right to sell the land under—

(a) section 20(2) or 23(2) of the Conveyancing and Feudal Reform (Scotland) Act 1970, or

(b) a warrant granted under section 24(1) of that Act.

62

(1) A transfer of land is an exempt transfer for the purposes of paragraph 61 if the transfer is or (as the case may be) would be—

(a) otherwise than for value,

(b) in implement or pursuance of an order of a court, other than an order under section 24 of the Conveyancing and Feudal Reform (Scotland) Act 1970 or a decree in an action for the division and sale of land,

(c) between spouses or civil partners in pursuance of an arrangement between them entered into at any time after they have ceased living together,

(d) between companies in the same group,

(e) to a statutory undertaker for the purpose of carrying on the undertaking,

(f) a transfer—

(i) implementing the compulsory acquisition of land under any enactment,

(ii) by agreement, of land which could have been acquired compulsorily under any enactment,

(iii) implementing any right conferred by Part 2 (which provides for the community right to buy) of the Land Reform (Scotland) Act 2003 to buy land,

(iv) implementing missives for the sale and purchase of land concluded, or an option to acquire land which existed on a date on which no interest in buying the land was registered under paragraph 58,

(v) which requires, or which but for the provisions of section 14 of the Housing (Scotland) Act 1987 would require, the consent of the Scottish Ministers under subsection (5) or (7) of section 12 of that Act,

(vi) by a registered social landlord (within the meaning of the Housing (Scotland) Act 2010) in pursuance of the power conferred by section 107 of that Act,

(vii) vesting the land in a person for the purposes of any enactment relating to sequestration, bankruptcy, winding up or incapacity or to the purposes for which judicial factors may be appointed, or

(g) a transfer of land in consequence of—

(i) the assumption or resignation or death of one or more of the partners in a partnership, or

(ii) the assumption or resignation or death of one or more of the trustees of a trust.

(2) But, in the case of a transfer mentioned in any of paragraphs (a), (d) and (g) of sub-paragraph (1), the transfer is not an exempt transfer for the purposes of paragraph 61 if the transfer—

(a) is or forms part of a scheme or arrangement or is one of a series of transfers, and

(b) the main purpose or effect, or one of the main purposes or effects, of the scheme, arrangement or (as the case may be) series is the avoidance of the requirements or consequences of this Part.

(3) For the purposes of sub-paragraph (1)(d), companies are in the same group if they are, or are included in a number of, companies which, by virtue of section 170 of the Taxation of Chargeable Gains Act 1992, together form a group for the purposes of sections 171 to 181 of that Act.

(4) In sub-paragraph (1)(e), “statutory undertaker” is to be construed in accordance with section 214 of the Town and Country Planning (Scotland) Act 1997.

(5) The Scottish Ministers may by regulations modify (any or all of) sub-paragraphs (1) to (4).

(6) Before laying a draft of a Scottish statutory instrument containing regulations under sub-paragraph (5) before the Scottish Parliament, the Scottish Ministers must consult such persons as they consider appropriate.

63

(1) Sub-paragraph (2) applies where—

(a) the owner of land comprising a small landholding, or an eligible creditor in relation to the land comprising the holding, gives notice to the small landholder of the holding of a proposal to transfer land, or

(b) the owner or such a creditor takes steps with a view to the transfer of the land or any part of it and—

(i) the transfer is a transfer in respect of which notice of a proposal to transfer land is required to be given to the landholder, and

(ii) such notice has not been given.

(2) The landholder has the right to buy the land to which the proposed transfer relates (including any interest or rights comprised in the land) from the owner of the land or (as the case may be) the creditor.

(3) For the purposes of sub-paragraph (1)(b), an owner or eligible creditor takes steps with a view to a transfer of land when—

(a) the land is, by or with the authority of the owner or creditor, advertised or otherwise exposed for sale,

(b) the owner or the creditor, or a person acting on behalf of the owner or the creditor, enters into negotiations with another person with a view to the transfer of the land, or

(c) the owner or the creditor, or a person acting on behalf of the owner or the creditor, proceeds further with any proposed transfer of the land which was initiated prior to the date on which the landholder’s interest in buying the land was registered.

(4) References in sub-paragraph (3) to the owner of land include references to a person in whom the land has vested for the purposes of any such enactment as is mentioned in paragraph 62 (1)(f)(vii).

(5) Sub-paragraph (6) applies where—

(a) a landholder has a right to buy land under sub-paragraph (2), and

(b) despite the existence of that right, the owner or (as the case may be) the creditor transfers the land to a person other than the landholder.

(6) The landholder has the right to buy the land (including any interests or rights comprised in the land) from the person to whom the land is transferred or is subsequently transferred.

(7) The Scottish Ministers may by regulations modify sub-paragraphs (3) and (4).

(8) Before laying a draft of a Scottish statutory instrument containing regulations under sub-paragraph (7) before the Scottish Parliament, the Scottish Ministers must consult such persons as they consider appropriate.

64

(1) Where a small landholder has a right to buy land under paragraph 63 (2) by virtue of paragraph 63 (1)(a), the landholder may proceed in accordance with paragraph 66 to buy the land from the owner of the land or (as the case may be) the eligible creditor provided that notice is given under sub-paragraph (2).

(2) Notice is given under this sub-paragraph if—

(a) the landholder gives notice to the owner or (as the case may be) the creditor that the landholder intends to buy the land, and

(b) the notice is given within the period of 28 days beginning with the day on which the landholder is given a notice of a proposal to transfer land.

(3) Where a landholder has a right to buy under paragraph 63 (2) by virtue of paragraph 63 (1)(b), the landholder may proceed in accordance with paragraph 66 to buy the land from the owner or (as the case may be) the creditor provided that the landholder gives notice to the owner or, as the case may be, the creditor that the landholder intends to buy the land.

(4) Where a landholder has a right to buy land under paragraph 63 (6), the landholder may proceed in accordance with paragraph 66 to buy the land from the person to whom the land has been transferred or subsequently transferred provided that notice is given under sub-paragraph (5).

(5) Notice is given under this sub-paragraph if—

(a) the landholder gives notice to that person that the landholder intends to buy the land,

(b) the notice is given within the period of 3 years beginning with the day on which the land is transferred to that person, and

(6) If, at any time, the landholder does not intend to proceed, in accordance with paragraph 66, to buy the land, the landholder is to give notice of that fact to the person from whom the land would otherwise have been bought.

(7) The right to buy mentioned in—

(a) sub-paragraph (1) is extinguished if the landholder does not give notice in accordance with sub-paragraph (2),

(b) sub-paragraph (4) is extinguished if the landholder does not give notice in accordance with sub-paragraph (5),

(8) A landholder giving any notice under this paragraph must give a copy of the notice to the Keeper.

(9) The Scottish Ministers may by regulations make provision for a period within which any notice given by a landholder under sub-paragraph (3) is to be given.

(10) Regulations under sub-paragraph (9) may modify this paragraph.

65

Where a small landholder’s right to buy land is extinguished under paragraph 64 (7) or 66 (9), the landholder may acquire a subsequent right to buy the same land or any part of it under paragraph 63 (2), but only if—

(a) the period of 12 months beginning with the day on which the right to buy is extinguished has expired, or

(b) before that period has expired—

(i) the land is transferred to another person, and

(ii) that person requires to give notice of a proposal to transfer land in relation to a subsequent transfer.

66

(1) It is for the small landholder to make the offer to buy in exercise of the landholder’s right to buy under paragraph 63.

(2) The offer is to be at a price—

(a) agreed between the landholder and the person from whom the land is to be bought (in this Part, “the seller”), or

(b) where there is no such agreement—

(i) payable by the landholder in accordance with paragraph 68 (9), or

(ii) if the price is determined in an appeal under paragraph 70, as is so determined.

(3) The offer must specify the date of entry and of payment of the price in accordance with sub-paragraph (4).

(4) The date of entry and of payment of the price is to be—

(a) a date not later than 6 months after the date on which the landholder gave notice under paragraph 64 of the landholder’s intention to buy,

(b) where the price payable by the landholder is the subject of an appeal under paragraph 70 which has not, within the period of 4 months beginning with the day on which the landholder gave such notice, been—

(i) determined, or

(ii) abandoned following agreement between the landholder and the seller,

a date not later than 2 months after the appeal is so determined or (as the case may be) abandoned, or

(5) The offer may include such other reasonable conditions as are necessary or expedient to secure the efficient progress and completion of the transfer.

(6) If the landholder has not, within the period fixed by or agreed under sub-paragraph (4), done any of the things mentioned in sub-paragraph (7), the seller may apply to the Land Court for an order under sub-paragraph (8).

(7) The things are—

(a) concluding missives with the seller for the sale of the land to the landholder, or

(b) if the landholder has not so concluded missives, taking all steps which the landholder could reasonably have taken in the time available towards so concluding missives.

(8) An order under this sub-paragraph may—

(a) direct the landholder—

(i) to conclude missives with the seller within such period as may be specified in the order, and

(ii) to take such remedial action for the purpose of so concluding missives as may be so specified, and

(b) direct the landholder and seller to incorporate into the missives any term or condition in respect of the sale of the land as may be so specified.

(9) The right to buy mentioned in sub-paragraph (1) is extinguished if—

(a) the landholder fails to comply with an order under sub-paragraph (8), or

(b) where the seller has not applied for an order under that sub-paragraph, the landholder has not (having regard to the period fixed by or agreed under sub-paragraph (4)) within a reasonable period from the acquiring by the landholder of the right to buy otherwise concluded missives with the seller for the sale of the land to the landholder.

67

(1) Where the price to be paid for land is not agreed between the seller and the small landholder as mentioned in paragraph 66 (2)(a), the land is, except where sub-paragraph (2) applies, to be valued by a valuer appointed by agreement between the seller and the landholder or by a person nominated by them.

(2) This sub-paragraph applies where the land in respect of which the landholder is exercising a right to buy forms part of an estate comprising other land in respect of which any other landholder has given notice under paragraph 64 of the landholder’s intention to buy.

(3) Where sub-paragraph (2) applies, the land mentioned in that sub-paragraph is to be valued by—

(a) a valuer appointed by agreement between—

(i) the seller, and

(ii) at least half of the landholders mentioned in that sub-paragraph, or

(b) a person nominated by the persons mentioned in paragraph (a)(i) and (ii).

(4) Where there is no agreement as to the appointment of a valuer under sub-paragraph (1) or (3), the valuer is to be appointed by the Land Court or by a person nominated by the Court.

(5) In this Part, “valuer” includes two valuers with an overseer.

68

(1) A valuer appointed under paragraph 67 is to assess the value of the land in respect of which a small landholder’s right to buy under paragraph 63 is being exercised as at—

(a) the date of notice under paragraph 61 of the seller’s proposal to transfer the land, or

(b) where no such notice was given, the date on which the landholder gave notice under paragraph 64 of the landholder’s intention to buy the land.

(2) The valuer is to assess the value of the land having regard to the value that would be likely to be agreed between a reasonable seller and buyer of such land—

(a) assuming that the seller and buyer are, as respects the transaction, willing, and

(b) where the buyer is a sitting small landholder.

(3) In assessing the value of the land under sub-paragraph (2), the valuer is to take account of—

(a) in so far as a seller and a buyer of the land (assuming that they are, as respects the transaction, willing) would do so, any factor attributable to the known existence of a person who (not being the landholder who is exercising a right to buy the land) would be willing to buy the land at a price higher than other persons because of a characteristic of the land which relates peculiarly to that person’s interest in buying it,

(b) when the seller would in the normal course of events have been likely to recover vacant possession of the land from the landholder,

(d) any moveable property belonging to the owner of the land which is, by agreement between the landholder and the owner, to be sold with, and valued along with, the land.

(4) In assessing the value of the land under sub-paragraph (2), the valuer is to take no account of—

(a) the absence of the period of time during which the land would, on the open market, be likely to be advertised and exposed for sale,

(b) any factor attributable to any use of the land which is or would be unlawful,

(c) any increase in the value of the land resulting from improvements to the extent that the landholder would be entitled to compensation in respect of those improvements upon renouncing the tenancy of the small landholding,

(d) any increase in the value of the land resulting from the use of any of the land, or changes to the land, for a purpose other than cultivation of the land,

(e) any reduction in the value of the land—

(i) as a result of any dilapidation or deterioration of, or damage to, fixed equipment or land caused or permitted by the landholder, or

(ii) resulting from the use of any of the land, or changes to the land, for a purpose other than cultivation of the land, or

(f) any fixed equipment owned by the landholder.

(5) Where land in respect of which the right to buy is being exercised forms part of an estate, the valuer is, in addition to assessing the value of the land under sub-paragraph (2), to assess the value representing the difference between—

(a) the value of the estate were the estate being sold by the seller to a person other than the landholder, and

(b) the value of the remainder of the estate (that is to say, the estate less the land in respect of which the right to buy is being exercised) were the remainder being sold by the seller to such a person.

(6) Where two or more parts of an estate are being bought in exercise of a right to buy under this Part—

(a) the valuer is to assess—

(i) the value of each of those parts under sub-paragraph (2), and

(ii) the difference between the values mentioned in paragraphs (a) and (b) of sub-paragraph (5),

as at the last date on which notice of intention to buy was given under paragraph 64 in respect of those parts of the estate,

(b) the valuer may, for the purpose of valuation under sub-paragraph (5), apportion to each such part of the estate (or re-apportion if for any reason the sale of any such part does not proceed) such amount representing the reduction in the value of the estate as the valuer considers equitable.

(7) The Scottish Ministers may issue guidance (either generally or in respect of a particular description of case) for the purposes of valuation under this paragraph.

(8) An estate is to be treated, for the purposes of sub-paragraphs (5) and (6) and paragraph 69, as comprising—

(a) any land forming part of the estate and which is being bought in exercise of a right to buy under this Part, and

(b) any other land forming part of the estate offered for sale by the seller at the same time as the land mentioned in paragraph (a).

(9) For the purposes of paragraph 66 (2)(b)(i), the price payable by a landholder is—

(a) the value assessed under sub-paragraph (2), or

(b) where the land forms part of an estate, the greater of the values assessed under—

(i) that sub-paragraph, and

(ii) sub-paragraph (5).

69

(1) A valuer appointed under paragraph 67 is—

(a) to invite the persons mentioned in sub-paragraph (2) to make written representations about the matters mentioned in sub-paragraph (3), and

(b) to have regard to any such representations.

(2) The persons are—

(a) the seller and the small landholder to whom the assessment under paragraph 68 relates, and

(b) where the land to which the assessment relates forms part of an estate, any other person the valuer considers to have an interest in the estate.

(3) The matters are—

(a) the valuation of the land under paragraph 68, and

(b) where the land forms part of an estate, any valuation of the estate (and any apportionment of a reduction in the value of the estate) under that paragraph.

(4) The valuer may, for the purposes of any assessment under paragraph 68—

(a) enter onto land, and

(b) make any reasonable request of the seller and landholder.

(5) The valuer must, within the period of 6 weeks beginning with the day on which the valuer is appointed, give the seller and the landholder a notice in writing specifying the price payable by the landholder under paragraph 68 (9) and setting out how the price was calculated.

(6) The expenses of the valuer accrued in carrying out the valuer’s functions under paragraph 68 and this paragraph are to be—

(a) met by the landholder, or

(b) where sub-paragraph (2) of paragraph 67 applies, shared equally between the landholders mentioned in that sub-paragraph.

(7) The seller is liable to the landholder for any expenses met by the landholder by virtue of sub-paragraph (6) where—

(a) the Land Court has made an order under paragraph 66 (8),

(b) the landholder to whom the order applies has complied with the order, and

(8) The Scottish Ministers may by regulations make further provision for or in connection with the matters provided for in this paragraph and paragraphs 67 and 68.

70

(1) The seller or the small landholder to whom a valuation carried out under paragraph 68 relates may appeal to the Lands Tribunal against the valuation.

(2) An appeal under this paragraph must—

(a) state the grounds on which it is being made, and

(b) be lodged within the period of 21 days beginning with the date of the notice under paragraph 69 (5).

(3) In an appeal under this paragraph, the Lands Tribunal may—

(a) reassess any value of the land (and any factor affecting the value) or of an estate (and how any reduction in the value of an estate is to be apportioned), and

(b) for the purposes of paragraph 66 (2)(b)(ii), determine the price.

(4) The valuer whose valuation is appealed against may be a witness in the appeal proceedings.

(5) In the appeal proceedings, in addition to the seller and the landholder, the following persons are entitled to be heard—

(a) where the seller is—

(i) a creditor in a standard security, the owner of the land,

(ii) the owner of the land, any creditor in a standard security over the land or any part of it,

(b) where the land forms part of an estate—

(i) any creditor in a standard security over any other land forming part of the estate,

(ii) any landholder, or other tenant, of any such land.

(6) The Lands Tribunal is to give reasons for its decision on an appeal under this paragraph and is to issue a written statement of these reasons.

(7) The decision of the Lands Tribunal in an appeal under this paragraph is final.

71

(1) This paragraph applies where, in an appeal before the Lands Tribunal under paragraph 70, an issue of law arises which may competently be determined by the Land Court by virtue of section 1(6) of the Scottish Land Court Act 1993 or this Act.

(2) The Tribunal is to refer the issue to the Land Court for determination unless the Tribunal considers that it is not appropriate to do so.

72

(1) The Scottish Ministers may by regulations make provision for or in connection with the registration under this Part of small landholders’ interests in buying the land comprised in their landholdings.

(2) In particular (but without limit to that generality), regulations under sub-paragraph (1) may—

(a) make provision about—

(i) the manner in which a small landholder notifies the owner of the land of the landholder’s interest in buying the land,

(ii) the procedure by which that interest is (or may be) registered,

(iii) how an application for registration and entry in the Register may be challenged,

(iv) the effect of registration,

(v) the Keeper’s functions in respect of registration,

(vi) the updating or correction of entries in the Register,

(vii) the consequences of an application for registration, or an entry in the Register, being inaccurate in a material regard,

(viii) the expiry or cancellation of an entry in the Register,

(b) modify paragraphs 57 to 63,

(c) if the Scottish Ministers consider it necessary or expedient, make consequential provision which modifies the other provisions in this Part.

(3) Before laying a draft of a Scottish statutory instrument containing regulations under sub-paragraph (1) before the Scottish Parliament, the Scottish Ministers must consult—

(a) the Keeper,

(b) such persons as the Scottish Ministers consider representative of the interests of small landholders and their landlords, and

(c) such other persons as the Scottish Ministers consider are likely to have an interest in the registration of interests to buy land under this Part.

73

In this Part—

“eligible creditor” has the meaning given by paragraph 61 (6),

“Keeper” has the meaning given by paragraph 57 (1),

“notice of a proposal to transfer land” means notice given under paragraph 61 (2),

“Register” has the meaning given by paragraph 57 (1),

“seller” has the meaning given by paragraph 66 (2)(a).

Part 9 — Alternative dispute resolution

74

(1) Where this schedule makes provision for any matter to be determined by the Land Court, the matter may, if the landlord and small landholder agree at or after the time when the matter arises, instead be determined by another method of resolving the matter (including arbitration).

(2) Sub-paragraph (1) does not apply in relation to any matter which may be determined by the Land Court—

(a) in pursuance of—

(i) paragraph 11(4) (whether a subsidiary or auxiliary purpose is reasonable and not inconsistent with the cultivation of the holding),

(ii) any question or difference between the landlord and landholder arising in relation to Part 5 (disposal of holding by the landholder: renunciation, assignation or succession),

(iii) any question or difference between the landlord and landholder arising in relation to Part 6 (removal of the landholder: breach of lease conditions, resumption by landlord),

(iv) paragraph 84 (whether a term of a contract or agreement contracting out of a provision of this schedule is to be approved), or

(b) on appeal.

75

(1) This paragraph applies to any arbitration to which a matter is referred by the landlord and small landholder under paragraph 74(1).

(2) The agreement of the parties to refer the matter to arbitration has the effect of depriving each party of the right to—

(a) have the matter heard (or any issue in relation to the matter determined) by the Land Court (other than on appeal), and

(b) agree under paragraph 74(1) to another method of resolving the matter.

(3) The landlord and landholder are to agree whether the arbitration is conducted by—

(a) a single arbitrator, or

(b) two arbitrators (with or without an overseer),

and the arbitrator or, as the case may be, each arbitrator, may be appointed by the parties or by a person nominated by them.

(4) The procedure to be followed at arbitration (including any matters to be taken into account by the arbitrator and the matters to be contained in the award) are, subject to sub-paragraph (5), to be as the parties agree or, in the absence of such agreement, as the arbitrator considers appropriate.

(5) Any provision of this schedule that would apply to the Land Court as respects its consideration or determination of any matter had the matter not been referred to arbitration applies as respects the consideration or determination of the matter by arbitration.

(6) Any party to the arbitration may appeal to the Land Court against the arbitrator’s award on a question of law within 28 days of the award.

(7) In an appeal under sub-paragraph (6) the Court may—

(a) quash, confirm or vary the award or any part of it, and

(b) where the Court quashes the award or any part of it—

(i) remit the case to the arbitrator for further procedure, and

(ii) direct the arbitrator on any question of law relevant to the case.

76

(1) Any person with an interest in a matter determined by an arbitration to which paragraph 75 applies that has reasonable grounds for believing that—

(a) there has been material misconduct by the arbitrator, or

(b) the arbitration has been improperly procured,

may make an application to the Land Court for an order under sub-paragraph (2).

(2) Where, on such an application, the Land Court is satisfied that—

(a) there has been material misconduct by the arbitrator, or the arbitration has been improperly procured, it may make an order setting aside the arbitrator’s award,

(b) there has been material misconduct by the arbitrator, it may make an order removing the arbitrator.

Part 10 — Consequential modifications

77

(1) The following enactments are repealed—

(a) in the Crofters Holdings (Scotland) Act 1886—

(i) sections 1 to 33,

(ii) the schedule,

(b) in the Crofters Holdings (Scotland) Act 1887, sections 3 and 4,

(i) section 2(2),

(ii) section 5,

(iii) section 7(1) to (18),

(iv) section 8(1) to (3),

(v) sections 9 and 10,

(vi) sections 12 and 13,

(vii) sections 15 to 23,

(viii) section 26(4) to (6), (8) and (9),

(ix) section 29,

(x) in section 31, the definition of “statutory successors”,

(xi) section 33,

(xii) section 35,

(xiii) section 39,

(xiv) the First Schedule,

(d) in the Land Settlement (Scotland) Act 1919—

(i) sections 9 to 12,

(ii) sections 15 and 16,

(e) in the Small Landholders and Agricultural Holdings (Scotland) Act 1931—

(i) sections 1 to 12,

(ii) sections 15 to 17,

(iii) sections 19 to 22,

(iv) section 25,

(v) in section 26, the definitions of “the Act of 1886”, “the Act of 1919” and “the Landholders Acts”.

(2) Except as provided in sub-paragraphs (3) and (4), nothing in the Landholders Acts applies in relation to small landholders, landlords of small landholders or small landholdings.

(3) The enactments mentioned in sub-paragraph (4) apply in relation to—

(a) small landholders as if they were landholders for the purposes of the Landholders Acts,

(b) rights held or to be held in pasture land or common grazings by small landholders as if they were rights held or to be held in such land or grazings by landholders under those Acts.

(4) The enactments are—

(a) the Crofters Common Grazings Regulation Act 1891,

(b) section 24 of the Small Landholders (Scotland) Act 1911,

78

(1) The Crofters Holdings (Scotland) Act 1887 is modified as follows.

(2) In section 2 (stay of proceedings for sale of crofter’s effects), the words from “The powers” to the end are repealed.

79

(1) The Small Landholders (Scotland) Act 1911 is modified as follows.

(2) In section 14 (adjustment of rights by Land Court)—

(a) the existing words become subsection (1),

(b) in that subsection—

(i) for the words “resumption by the landlord, or in the case of an existing yearly tenant or a qualified leaseholder or” substitute “the lease of a”,

(ii) for the words “a landholder” in the first place they appear substitute “a lease of a small landholding”,

(iii) after “as” in the second place it appears insert “at”,

(iv) for the words “such tenant or leaseholder becomes a landholder, as the case may be,” substitute “the lease becomes a lease of a small landholding”,

(2) For the purposes of subsection (1), a lease of a small landholding is a lease to which schedule 2 of the Land Reform (Scotland) Act 2025 (small landholdings) applies.

(3) In section 32 (provisions as to statutory small tenants)—

(a) in subsection (1), for the words “section sixteen of the Act of 1886” substitute “paragraph 31(2) and (3) of schedule 2 of the 2025 Act”,

(b) in subsection (11), for the words from “the tenant shall” to the end substitute “the lease giving rise to the tenancy will become, from the date specified in the finding, a lease to which schedule 2 of the 2025 Act applies”,

(i) the words “Subsection (4) of section six, section and section twenty of the Act of 1886, section 2 of the Act of 1887 down to the word “summarily,” and” and “section twelve, section twenty-five” are repealed,

(ii) for the word “apply” in the last place it appears substitute “applied”,

(d) after subsection (14) insert—

(14A) Paragraphs 8(7), 10(1), 14, 74, 75 and 76 of schedule 2 of the 2025 Act apply for the purposes of this section as they apply in relation to small landholders and small landholdings within the meaning of paragraph 86 of that schedule, subject to the following modifications— (a) in paragraph 8(7) for the words “the rent under sub-paragraph (1)” substitute “an equitable rent under section 32(7) of the Small Landholders (Scotland) Act 1911”, (b) in paragraph 74— (i) in sub-paragraph (1), for the words “this schedule makes” substitute “the Small Landholders (Scotland) Acts 1886 to 1931 make”, (ii) for sub-paragraph (2)(a) substitute— (a) in pursuance of— (i) section 32(4) of the Small Landholders (Scotland) Act 1911 (dispute about renewal of statutory small tenancy), (ii) section 32(11) of that Act (landlord’s failure to provide or maintain buildings or permanent improvements: whether lease is to become one to which this schedule applies), (iii) section 32(13) of that Act (whether a person is a statutory small tenant), (iv) section 32(15) of that Act (authorisation of resumption by landlord),

(e) in subsection (15), for the words “section nineteen of this Act” substitute “paragraph 38(2) of schedule 2 of the 2025 Act”,

(f) after subsection (15) insert—

(16) In this section— - “2025 Act” means the Land Reform (Scotland) Act 2025, - “permanent improvements” has the meaning given by paragraph 40(3) of schedule 2 of the 2025 Act.

80

(1) The Small Landholders and Agricultural Holdings (Scotland) Act 1931 is modified as follows.

(2) For section 14 substitute—

(14) (1) The lease which gives rise to a statutory small tenancy becomes a lease of a small landholding if— (a) not later than one month before the end of the period of the tenancy, the statutory small tenant gives the landlord written notice that the tenant wishes the lease to become a lease of a small landholding, and (b) the landlord does not, before the expiry of the period of one month beginning with the day on which the notice is given, give the tenant a counter-notice stating that paragraph 27 of that schedule (in relation to rights to compensation for permanent improvements) is to apply as if the lease were a lease of a small landholding. (2) Where a lease becomes a lease of a small landholding by virtue of subsection (1), it does so on the expiry of the period of the tenancy current when the notice mentioned in subsection (1)(a) is given. (3) Where the landlord gives the tenant a counter-notice referred to in subsection (1)(b), paragraph 40 of schedule 2 of the Land Reform (Scotland) Act 2025 (in relation to rights to compensation for permanent improvements) applies to the lease of the statutory small tenancy as if the lease were a lease of a small landholding. (4) For the purposes of this section, a lease of a small landholding is a lease to which schedule 2 of the Land Reform (Scotland) Act 2025 (small landholdings) applies.

81

(1) The Succession (Scotland) Act 1964 is modified as follows.

(2) In section 16 (provisions relating to leases)—

(a) in subsection (2)(c), for “section 16 of the Act of 1886” substitute “paragraph 33 or 34 of schedule 2 of the 2025 Act”,

(b) in subsection (2A), after “1991 Act tenancy” insert “or small landholding”,

(i) in paragraph (b)(i)—

(A) for the words from “a petition” to “that court,” substitute “an application or appeal to the Land Court under section 12A or 12B of the 1991 Act or paragraph 33 or 34 of schedule 2 of the 2025 Act,”,

(B) the words “the petition,” are repealed,

(ii) in the closing words, for “the next following subsection” substitute “subsection (4)”,

(d) in subsection (4), for “last foregoing subsection” substitute “subsection (3)”,

(e) in subsection (8)—

(i) the words “paragraphs (a) to (h) of section 16 of the Act of 1886,” are repealed,

(ii) after “2003 Act,” insert “paragraphs 32 (1), 33 and 34 of schedule 2 of the 2025 Act,”,

(f) in subsection (8A)(a), after “tenancy” insert “or small landholding”,

(g) in subsection (9)—

(i) the definition of “the Act of 1886” is repealed,

(ii) after the definition of “the 2003 Act” insert—

“the 2025 Act” means the Land Reform (Scotland) Act 2025;

(iii) after the definition of “lease” insert—

“small landholding” is to be construed in accordance with paragraph 86 of schedule 2 of the 2025 Act;

(3) In section 29 (right of tenant to bequeath interest under lease), in subsection (2)—

(a) the words “section 16 of the Crofters Holdings (Scotland) Act 1886 or” are repealed,

(b) after “(asp 11)” insert “or paragraph 33 or 34 of schedule 2 of the Land Reform (Scotland) Act 2025”.

82

(1) The Crofters (Scotland) Act 1993 is modified as follows.

(2) In section 3A (new crofts), for subsection (3)(a) substitute—

(a) the tenancy of the holding is— (i) one to which section 32 of the Small Landholders (Scotland) Act 1911 applies; or (ii) held under a lease to which schedule 2 of the Land Reform (Scotland) Act 2025 (small landholdings) applies; and

83

(1) The Scottish Land Court Act 1993 is modified as follows.

(2) In section 1 (the Land Court), in subsection (6), for the words “or the Small Landholders (Scotland) Acts 1886 to 1931” substitute “, the Small Landholders (Scotland) Acts 1886 to 1931 or schedule 2 of the Land Reform (Scotland) Act 2025 (small landholdings)”.

Part 11 — General and interpretation

84

Any term of a contract or agreement entered into by a small landholder purporting to deprive the small landholder of a right conferred on the small landholder by this schedule is void unless the contract or agreement is approved by the Land Court.

85

Any term of—

(a) a lease to which this schedule applies, or

(b) any agreement in connection with such a lease (other than an agreement under paragraph 74 (1)),

that makes provision restricting any right of the landlord or small landholder to apply to the Land Court by virtue of this schedule to have a matter determined by the Court is, so far as it makes that provision, of no effect.

86

In this schedule—

“cultivation” means the use of land for horticulture or husbandry and references to “cultivate” are to be construed accordingly,

“Land Court” means the Scottish Land Court,

“Landholders Acts” means the Small Landholders (Scotland) Acts 1886 to 1931,

“Lands Tribunal” means the Lands Tribunal for Scotland,

“small landholder” has the meaning given by paragraph 2(1),

“small landholding” has the meaning given by paragraph 1(1).

Community-engagement obligations in relation to large land holding

Community right to buy: registration of interest in large land holding

Modifications in connection with section 2

Lotting of large land holding

Modifications in connection with section 4

Modifications in connection with sections 2 and 4

Establishment of the Land and Communities Commissioner

Functions of the Land Commissioners: natural capital markets

Functions of the Land Commissioners: further provisions

Review of Part 1

Duty to publish model lease for environmental purposes

Duty to publish model lease for hutting

Small landholdings

Extension of Tenant Farming Commissioner’s functions

Registration of interest and right to buy

Assignation of tenancy

Assignation of limited duration tenancy

Assignation of modern limited duration tenancy

Assignation of repairing tenancy

Resumption in relation to 1991 Act tenancies

Resumption in respect of limited duration tenancies and repairing tenancies

Compensation for disturbance on resumption

Power to make provision about compensation on termination

Power to make provision about compensation on resumption

Compensation for improvements

Notice of and objection to diversification

Tenant extension notice

Determinations by Land Court

Compensation arising as a result of diversification

Resumption and termination of relevant tenancies and small landholdings

Use of land for non-agricultural purposes

Compensation for damage by game etc.

Standard claim procedure

Interest payable on compensation

Rent review: 1991 Act tenancies

Rent review: limited duration tenancies

Rent review: repairing tenancies

Rules of good estate management

Rules of good husbandry

Notice requirements: lease of 1991 Act holding

Landlord’s objection to legatee or acquirer on intestacy: near relatives and other persons

Legatee or acquirer on intestacy: supplementary provision

Succession to tenancy

Ancillary provision

Regulation-making powers

Further procedure for regulations under sections 23 and 24

Commencement

Short title

The following is the text referred to in sections 1(6) and 6(5)—

Leases of small landholdings

Persons who may be small landholders

Land which may not be, or be part of, a small landholding

Size of small landholding

Duration of lease of small landholding

Rent

Alteration of rent by agreement

Application to Land Court to fix the rent

Land Court’s power to fix the rent in connection with a ruling on diversification

Land Court’s powers in respect of rent arrears

Conditions of let

Dwelling-houses

Landlord’s right of access

Landlord’s right to use water rising on holding

Compensation for damage caused by game or game management

Diversification agreement

Notice of diversification

Request by landlord for information about proposed diversification

Landlord’s agreement or objection to notice of diversification

Negotiation of diversification agreement

Withdrawal of objection

Withdrawal or modification of conditions

Determination of Land Court in relation to objection to diversification

Diversification agreement entered into during proceedings under paragraph 23

Application by landholder to Land Court to remove conditions

Use of land other than for cultivation

Interpretation of Part

Renunciation of tenancy by small landholder

Ability to assign

Landlord’s objection to assignation

Bequest of holding

Intestate succession to holding

Landlord’s objection to successor: near relatives

Landlord’s objection to successor: other persons

Landlord’s objection to successor: right to temporary occupation

Security of tenure

Removal for breach of conditions

Resumption by landlord

Small landholder’s right to compensation

Small landholder’s right to compensation: improvements

Small landholder’s right to compensation: increase in value due to diversification

Landlord’s right to compensation

Landlord’s right to compensation: deterioration etc. of holding.

Landlord’s right to compensation: decrease in value due to diversification

Recovery of compensation: further provision

Outstanding rent

Compensation to outgoing landholder by incoming landholder

Record of condition

Application to Tenant Farming Commissioner

Appointment of valuer by Tenant Farming Commissioner

Objection to valuer appointed by Tenant Farming Commissioner

Valuer’s expenses

Assessment of compensation

Notice of assessment

Appeal against valuer’s assessment

Referral of certain matters by Lands Tribunal to Land Court

Register of Community Interests in Land: small landholders’ interests in buying land

Registration of small landholder’s interest in buying land

Owner’s challenge to registration

Duration of registration

Notice of proposal to transfer land

Transfers not requiring notice

Right to buy

Exercise of right to buy

Effect of extinguishing right to buy

Procedure for buying

Appointment of valuer

Valuation of the land

Valuation etc.: further provision

Appeal to Lands Tribunal against valuation

Referral of certain matters by Lands Tribunal to Land Court

Registration of small landholder’s interest: power to modify provisions

Interpretation of Part

Agreement to resolve matters other than by application to Land Court

Arbitration: procedure etc.

Conduct of arbitrator and setting aside of arbitrator’s award

Repeal and disapplication of existing law

Crofters Holdings (Scotland) Act 1887

Small Landholders (Scotland) Act 1911

Small Landholders and Agricultural Holdings (Scotland) Act 1931

Succession (Scotland) Act 1964

Crofters (Scotland) Act 1993

Scottish Land Court Act 1993

Restriction on contracting out of small landholders’ statutory rights

Restriction on contracting out of rights to apply to Land Court

Interpretation

Editorial notes

[^key-3ba8c3c8eb9c125923579ac5964d919a]: S. 1 not in force at Royal Assent, see s. 47(2)

[^key-c2eb5fd64b0841f8d451ccd0fa0a3c34]: S. 2 not in force at Royal Assent, see s. 47(2)

[^key-6770d02ce373724a871f6060ade13647]: S. 3 not in force at Royal Assent, see s. 47(2)

[^key-69ff0d6bfc42f2acee0afd252efc48d9]: S. 4 not in force at Royal Assent, see s. 47(2)

[^key-ec35ea86203b279abc2883b7ab3b8ac1]: S. 5 not in force at Royal Assent, see s. 47(2)

[^key-9d951906a6531e4457c81a9de430ddd1]: S. 6 not in force at Royal Assent, see s. 47(2)

[^key-4aed88ddaae59f67ac9f257518899a9b]: S. 7 not in force at Royal Assent, see s. 47(2)

[^key-920a972c9326af96b8e488451bde0a9f]: S. 8 not in force at Royal Assent, see s. 47(2)

[^key-0f3bb6cb0e04a7e42f562937053dc3fe]: S. 9 not in force at Royal Assent, see s. 47(2)

[^key-e231409b43bbb10fa4f2e269fc959757]: S. 10 not in force at Royal Assent, see s. 47(2)

[^key-5c8c21436d3199b9774bba851c36b38e]: S. 11 in force at 17.12.2025, see s. 47(1)

[^key-4f6f52233acb2b9a47719dc461ee63cc]: S. 12 not in force at Royal Assent, see s. 47(2)

[^key-2f497826a1dc01644c8f3cff06c2ebd3]: S. 13 not in force at Royal Assent, see s. 47(2)

[^key-ae1dc1addb58d8b9ed644e12281e9814]: S. 14 not in force at Royal Assent, see s. 47(2)

[^key-2f2c91dab82f966352224b9a2eb4011b]: S. 15 not in force at Royal Assent, see s. 47(2)

[^key-70fc6a43dea3441fd137d72082e9ad5c]: S. 16 not in force at Royal Assent, see s. 47(2)

[^key-f8c4842f14d2d11ecfde23cc8d72e637]: S. 17 not in force at Royal Assent, see s. 47(2)

[^key-b99796c0437c0c72cf64a2e20bcd1262]: S. 18 not in force at Royal Assent, see s. 47(2)

[^key-a38d28c47a7fe0c6af17073599de6386]: S. 19 not in force at Royal Assent, see s. 47(2)

[^key-1ac56e345d94004c69de16d8c81d998e]: S. 20 not in force at Royal Assent, see s. 47(2)

[^key-8703e025348fff6dce68677bace3fd22]: S. 21 not in force at Royal Assent, see s. 47(2)

[^key-c0061622857d111b02e7fa3d47ee69ee]: S. 22 not in force at Royal Assent, see s. 47(2)

[^key-cbb06116931cda52a177f245ecc7d3d6]: S. 23 not in force at Royal Assent, see s. 47(2)

[^key-2baf127a5a8a7f1d737356ea934dc670]: S. 24 not in force at Royal Assent, see s. 47(2)

[^key-447f1d6564931153d43053009cf6d467]: S. 25 not in force at Royal Assent, see s. 47(2)

[^key-d5cb25b369eb9f6facb73be2a6ee4fd7]: S. 26 not in force at Royal Assent, see s. 47(2)

[^key-3d2d3b51be17474f70e905e204f8848b]: S. 27 not in force at Royal Assent, see s. 47(2)

[^key-4aa89c9c02b01f58adddd79755a6395c]: S. 28 not in force at Royal Assent, see s. 47(2)

[^key-f390ca5804e651085d529e0e8f2e8d1c]: S. 29 not in force at Royal Assent, see s. 47(2)

[^key-38dac4d50452dda7a05c868a299979ea]: S. 30 not in force at Royal Assent, see s. 47(2)

[^key-efe8e1e2891288f0e421aa2478e085be]: S. 31 not in force at Royal Assent, see s. 47(2)

[^key-8e46843b5c339ecc557ffa4952a1e0b2]: S. 32 not in force at Royal Assent, see s. 47(2)

[^key-e6409587dda9b583ce276974230dacb3]: S. 33 not in force at Royal Assent, see s. 47(2)

[^key-ac18ef2b6dbbfb77519f8e0ac91c2086]: S. 34 not in force at Royal Assent, see s. 47(2)

[^key-8310468cc492274ef3cf45b60a55ba1c]: S. 35 not in force at Royal Assent, see s. 47(2)

[^key-cfc256be58e48f6b6dd80c6221e62f1e]: S. 36 not in force at Royal Assent, see s. 47(2)

[^key-d3aa1032ba1c58159710112df1b9f1f0]: S. 37 not in force at Royal Assent, see s. 47(2)

[^key-a05cb1dce5fda93d4d95469e903aae3a]: S. 38 not in force at Royal Assent, see s. 47(2)

[^key-26808df892a01c7006ceb9edbe0e0e51]: S. 39 not in force at Royal Assent, see s. 47(2)

[^key-a634b461b5cd0bcd4a6f36aacf96aa32]: S. 40 not in force at Royal Assent, see s. 47(2)

[^key-6e3f1e1461c3eb7d0da977195628b746]: S. 41 not in force at Royal Assent, see s. 47(2)

[^key-00ff473fc11762993b92ead914939cb7]: S. 42 not in force at Royal Assent, see s. 47(2)

[^key-47518f6a09cf1f7f2486edf993192491]: S. 43 not in force at Royal Assent, see s. 47(2)

[^key-eaba2af0ab0945a462208a6d7f17cc70]: S. 44 in force at 17.12.2025, see s. 47(1)

[^key-6a261cf1e882e8ce4cd9818d2065cdd8]: S. 45 in force at 17.12.2025, see s. 47(1)

[^key-aa7c49a5b0e42d62a371f51afe8f6045]: S. 46 in force at 17.12.2025, see s. 47(1)

[^key-57c164eaa35e10c7e81ba7a4af811a9e]: S. 47 in force at 17.12.2025, see s. 47(1)

[^key-9313ad4bf11348554a6a643f6ca3b64f]: S. 48 in force at 17.12.2025, see s. 47(1)

[^key-409a7c5882d07115f7c81f3ca84d38a2]: Sch. 2 para. 1 not in force at Royal Assent, see s. 47(2)

[^key-1f932134a825eb2361f762d7b022b077]: Sch. 2 para. 2 not in force at Royal Assent, see s. 47(2)

[^key-4c5a9ba770600d0d36640aea955610c8]: Sch. 2 para. 3 not in force at Royal Assent, see s. 47(2)

[^key-9a62465e4e99dec6b793377f0f9776bf]: Sch. 2 para. 4 not in force at Royal Assent, see s. 47(2)

[^key-3b25bdc9a2c9f0d5a0432717dbc67223]: Sch. 2 para. 5 not in force at Royal Assent, see s. 47(2)

[^key-a8e7be7c4eaf00bedfebbbd5010c8f84]: Sch. 2 para. 6 not in force at Royal Assent, see s. 47(2)

[^key-8f2ea7879eeaf7cff5750c02884558cd]: Sch. 2 para. 7 not in force at Royal Assent, see s. 47(2)

[^key-8c4ae1c97024c557eb08d3d7092ec400]: Sch. 2 para. 8 not in force at Royal Assent, see s. 47(2)

[^key-27b7b8d1415e9100a0683622e42238d6]: Sch. 2 para. 9 not in force at Royal Assent, see s. 47(2)

[^key-127767831282f1fe512b7a26bd400403]: Sch. 2 para. 10 not in force at Royal Assent, see s. 47(2)

[^key-e9e8f702cdac8914b0eb72f23c0acbd7]: Sch. 2 para. 11 not in force at Royal Assent, see s. 47(2)

[^key-1bcd3110ec0c1a41ec363df87204b2a5]: Sch. 2 para. 12 not in force at Royal Assent, see s. 47(2)

[^key-18b3dcc28f96a2a255b63cfaeeeede9e]: Sch. 2 para. 13 not in force at Royal Assent, see s. 47(2)

[^key-7c976ac3fa9cbf61b3a6d68a7f7a5991]: Sch. 2 para. 14 not in force at Royal Assent, see s. 47(2)

[^key-19814ad5ff0cd1dcf8471786ad6475d7]: Sch. 2 para. 15 not in force at Royal Assent, see s. 47(2)

[^key-8a852adbe40be8fee6c6085e1590f5b0]: Sch. 2 para. 16 not in force at Royal Assent, see s. 47(2)

[^key-84ba2f474b634e69054cc27e2094bde1]: Sch. 2 para. 17 not in force at Royal Assent, see s. 47(2)

[^key-5dfe2f6dadf3c63e317b5da2bef9bc0e]: Sch. 2 para. 18 not in force at Royal Assent, see s. 47(2)

[^key-ca2b59cc9b6008e9a0d9321adca8b046]: Sch. 2 para. 19 not in force at Royal Assent, see s. 47(2)

[^key-31295ec9a11405517d08fd0504974823]: Sch. 2 para. 20 not in force at Royal Assent, see s. 47(2)

[^key-a1429bb6c7ab66d48e78d23bcf9b3cfc]: Sch. 2 para. 21 not in force at Royal Assent, see s. 47(2)

[^key-976e6a57c9230f109bb18623607ee27d]: Sch. 2 para. 22 not in force at Royal Assent, see s. 47(2)

[^key-93193ce841748d7085042352ee0edc71]: Sch. 2 para. 23 not in force at Royal Assent, see s. 47(2)

[^key-b661fdc6c312c288e0f86d58f949dbd1]: Sch. 2 para. 24 not in force at Royal Assent, see s. 47(2)

[^key-66895f47731fcbe4a431962373f3b86e]: Sch. 2 para. 25 not in force at Royal Assent, see s. 47(2)

[^key-850a88ef6563cb14362025b5fc5cb9ef]: Sch. 2 para. 26 not in force at Royal Assent, see s. 47(2)

[^key-1ed876b5f4b3a9ea40122a64937cbc0b]: Sch. 2 para. 27 not in force at Royal Assent, see s. 47(2)

[^key-d21bd249afd80d26dbdfba3a31860602]: Sch. 2 para. 28 not in force at Royal Assent, see s. 47(2)

[^key-78f22528f74f510fddf86bd5dfaf9f10]: Sch. 2 para. 29 not in force at Royal Assent, see s. 47(2)

[^key-6eeab737643319b045b617d05f63d87d]: Sch. 2 para. 30 not in force at Royal Assent, see s. 47(2)

[^key-3656834c513f82aca68ea66763a664e2]: Sch. 2 para. 31 not in force at Royal Assent, see s. 47(2)

[^key-008869a246e8794ba0477c819650b126]: Sch. 2 para. 32 not in force at Royal Assent, see s. 47(2)

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