The Scottish Government

This item was published during the term of a previous administration that ended in April 2007

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Land Reform Bill published

28/11/2001

The Land Reform Bill was published today by the Executive, promising to open access to the Scottish countryside and provide rural communities with the opportunity to turn their hopes of land ownership into reality.

Deputy First Minister Jim Wallace said:

"The Executive is committed to providing greater opportunities for everyone to enjoy the countryside, not only promoting healthy activity but also adding to our quality of life. This Bill promotes responsible access to land and also makes provisions for encouraging local business and tourism.

I said when the Draft Bill was launched that it was a working document and we were prepared to make changes and that is why we have devoted time to making sure these proposals are fair, workable and effective.

"The consultation has received one of the largest public responses in the short history of the Scottish Parliament and I am pleased tos ay that his Bill takes on many of those valid views.

"But the main principles of the Bill have not changed - and those are to create a right of responsible access to land, that rural communities should be able to buy land when it is put on the market and that crofting communities should be able to buy land at any time."

The new Bill is divided into three parts:

1. access
2. community right to buy
3. crofting community right to buy

Part 1: Access

• provision to allow temporary suspension of access rights by landowners has been removed
• no new criminal offence of trespass is created
• provision to allow local authorities to exclude people from land has been dropped
• the issue of liability has been revised to ensure that when determining duty of care on the part of the landowner, the fact that someone was exercising rights when injured will have no bearing
• the duties of local authorities to uphold access rights and to plan for and establish networks of core paths has been more clearly defined
• a right of responsible access is not applicable to land with growing crops and this has been widened to include grass intended for hay and silage, but not to pasture

Mr Wallace said:

"It is only right that people should be able to enjoy Scotland's countryside and it is important to encourage people from home and abroad to take better advantage of one of our greatest natural assets.

"I believe that this Bill strikes the right balance between encouraging wider, responsible access at the same time as ensuring that those who live and work on the land can do so without undue interference.

"The changes we have made strengthen the purpose of the Bill which is to provide certainty and security for those wishing to enjoy the pleasures of the countryside without constraining land operations. The Bill puts into law what responsible landowners have recognised and encouraged for years. It now establishes a clear, unambiguous right. Irresponsible landowners who sought to block responsible access will no longer be able to do so."

Part 2 Community Right to Buy

• Bill amended to reduce minimum size of community body from 30 to 20 people while retaining Ministerial discretion for very small communities. This should help more communities in setting up community bodies to register land
• Communities now able to buy just the land which is offered for sale without having to buy any other land which the landowner might wish to lot with it. To protect landowners against "cherry picking", the valuation of the land will take account of the effect of its sale on the value of the remaining land offered for sale
• Bill amended to broaden the scope for appeals. This is in line with current practice and ensures the Bill is ECR compliant

Mr Wallace said:

"One of the main principles of this Bill is providing the legal right to rural communities to buy the land on or near where they live and work. We want to encourage diversity in the way land is owned and used to make a real improvement to the sustainable development of our rural communities.

"Provision in Part 2 of the BIll mean communities can plan ahead and not be forced to react at short notice to any announcement of sale. Recent experience on Gigha shows how difficult it is to organise a community buy-out at very short notice. Our proposals will give the community time to consider their best course of action, secure the funding and organise for the moment a sale is announced.

"We have clarified and improved many aspects of the proposed legislation such as enabling smaller community groups to make a bid for land."

Part 3 Crofting Community Right to Buy

• Crofting communities should ahve the right to buy the salmon fishings associated with their croft land. safeguards to ensure the long-term conservation of salmon stocks are imrpoved by reducing to one year following the purchase of croft land the period during which a crofting community cannot use the right to buy without the support of the croft tenants
• The application to buy land can only go ahead if the majority of croft tenants who vote in the ballot agree. This means that the wider community cannot use the right to buy without the support of the croft tenants
• The requirement that more than 50 per cent of a community must vote in a ballot has been removed.The Bill now provides that the outcome of ballots will be determined by a simple majority for or against

Mr Wallace said:

"This legislation ensures that crofting communities will be given a guaranteed opportunity to purchase their land, protecting them from the occasional rogue landlord.

"It will allow communities to make the most of their land and develop the environment in which the live and work for the long term. We have also made that croft tenants have the power of veto in a right to buy ballot.

"This is landmark legislation. We have made important changes to this Bill and met many of the initial criticisms but we will not meet them all - indeed it would be impossible to do so. What I beleive we have done is improve the balance between the many interests this Bill has attracted and I look forward to seeing it become law next year once it has been through the Parliamentary stages."

First Minister Jack McConnell announced yesterday that Land Reform would become the responsibility of the Minister for Environment and Rural Development Ross Finnie.

Mr Finnie commented:

"The Land Reform Bill is of vital importance to Scotland's rural communities and all those who enjoy Scotland's countryside. I have worked very closely with the Justice Minister in making changes to the draft Bill and I believe the final Bill we now have strikes the right balance. I am delighted to have been given the job of taking this historic Bill through the Scottish Parliament."