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1.1 In preparation for the advent of the Scottish Parliament, the Land Reform Policy Group, chaired by Lord Sewel, then Minister for Agriculture, the Environment and Fisheries, was set up in October 1997 with the remit:
"to identify and assess proposals for land reform in rural Scotland, taking account of their cost, legislative and administrative implications and their likely impact on the social and economic development of rural communities and on the natural heritage."
1.2 The Land Reform Policy Group's final recommendations, published in January 1999, covered a wide spectrum of action. These were accepted in full by the Scottish Executive, as set out in the Land Reform Action Plan in August 1999, and have been followed up since with regular progress reports. Overall, what is being delivered is an integrated programme of action and legislation over a period of several years. A key element of that programme is legislation to create new rights of access, of community ownership and of crofting community ownership.
Access
1.3 In October 1997 the then Secretary of State, Donald Dewar, asked Scottish Natural Heritage to review the legal arrangements for access to the countryside and to advise on the need for change. Scottish Natural Heritage decided to involve the Access Forum, enlarged to include a wide range of recreational and land management interests, in this task.
1.4 In December 1998 Scottish Natural Heritage published its advice, along with the recommendations of the Access Forum, in a document entitled 'Access to the Countryside for Open-Air Recreation'. In February 1999 the then Secretary of State accepted Scottish Natural Heritage's advice as the basis for drawing up detailed legislative proposals for consideration by the Scottish Parliament. Scottish Natural Heritage recommended the creation of a right of access for informal recreation and passage, subject to responsible exercise of that right, to protection of the privacy of individuals, to safeguards for the operational needs of land managers, and subject to any necessary constraints for conservation needs.
1.5 The provisions on access in the Bill reflect much of the Scottish Natural Heritage advice. The policy aim is to create greater opportunities for people to enjoy the countryside. In so doing, the policy is designed to promote social inclusion by improving people's health and their quality of life. The Bill creates a right of responsible access to land for recreation and passage. Guidance on responsible exercise of the right is set out in the draft Scottish Outdoor Access Code that Scottish Natural Heritage has prepared in conjunction with the Access Forum. The legislation also gives local authorities new powers and duties in respect of the provision of access. It provides for the creation and maintenance of core path networks; for the establishment of local access forums; and for limitations on the right of access on grounds of health and safety, security, privacy and land management. Throughout the Bill, a balance is struck between the desire of recreational users to enjoy the countryside and the need of those who earn their living from the countryside to continue to do so.
Community ownership
1.6 The Land Reform Policy Group concluded (and this was widely endorsed) that the objective of land reform is to remove the land-based barriers to the sustainable development of rural communities. To achieve this, there needs to be:
1.7 There are many ways of helping to achieve increased diversity and increased community involvement without legislation. But giving communities a right to buy their land will add impetus to the drive for greater diversity and community involvement.
1.8 There are 4 separate parts of the proposals:
1.9 The Bill will allow community bodies to register an interest in land with which they can demonstrate a direct connection. To be successful in registering an interest, community bodies will have to be properly constituted; be representative of the local community; demonstrate that the bid has community support; and demonstrate that registration of their interest would be in the public interest. Registration of community interest will, in most cases, be a necessary first step for community bodies being able to exercise the right to buy. This approach will encourage communities to think through the implications of community ownership and take time to get ready. It will also ensure that only land in which a community interest has been specifically notified will be subject to the right to buy provisions. Community bodies who have registered their interest in an area of land have the security of knowing that the land cannot now be sold without their interest being taken into account. Here is a flow chart showing how this process will work:
1.10 Once the landowner decides to sell (or otherwise transfer) land in which a community interest is registered, there will be a 30-day period for the community body to confirm to Ministers that it wishes to exercise its right to buy the land offered for sale. The aim of this is to give the community body a breathing space to think things through now that the land is actually available. It also ensures that the landowner is able to clarify the community body's intentions before he/she puts the property on the market. Here is a flow chart showing how this process will work:
1.11 The purpose of the right to buy provisions is to enable local communities to buy the land as and when it comes to be sold. The legislation creates an opportunity: it is up to communities themselves whether they choose to take it. To gain consent for their right to buy, community bodies will have to be properly constituted; be representative of the local community; have majority community support for the purchase; have plans for the land that are compatible with its sustainable development; demonstrate that purchase would be in the public interest; and pay a fair price.
Here is a flow chart showing how this process will work:
1.12 The intention is that the new compulsory purchase power will introduce a deterrent to evasion of this legislation. It is hoped that the very existence of this power will in most cases be enough to discourage evasion: it is certainly not intended for general use.
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