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DRAFT LAND REFORM (SCOTLAND) BILL: Consultation Paper

7 THE DRAFT LAND REFORM BILL WITH EXPLANATORY NOTES

CONTENTS

Section

PART 1 ACCESS RIGHTS

CHAPTER 1 GENERAL EXTENT OF ACCESS RIGHTS
1 Creation of access rights
2 Limitations on access rights
3 Access rights and other rules and rights

CHAPTER 2 LIMITATIONS ON ACCESS RIGHTS
4 Land over which access rights not exercisable
5 Conduct excluded from access rights
6 Adjustment of land and conduct excluded from access rights

CHAPTER 3 THE SCOTTISH OUTDOOR ACCESS CODE
7 The Scottish Outdoor Access Code

CHAPTER 4 REGULATION OF ACCESS RIGHTS
8 Emergency suspension of access rights
9 Suspension of access rights by owner of land
10 Power to exempt particular land and exclude particular conduct from access rights
11 Byelaws in relation to land over which access rights are exercisable
12 Byelaws about inland waters, including access to them
13 Procedure for making byelaws under section 12
14 Prohibition signs, obstructions, dangerous impediments etc.
15 Expulsion and exclusion: offence provisions

16 Exclusion orders

CHAPTER 5 LOCAL AUTHORITY FUNCTIONS
17 General power to uphold access rights
18 Measures for safety, protection, guidance and assistance
19 Acquisition by local authority of land to enable or facilitate exercise of access rights

20 Delineation by agreement of paths in land over which access rights exercisable
21 Compulsory powers to delineate paths in land over which access rights exercisable

22 Ploughing of paths
23 Pasturing of bulls in land crossed by paths
24 List of core paths

25 Rangers
26 Local access forums

27 Register of land in respect of which access rights are not exercisable
28 Certificates of status of land

CHAPTER 6 GENERAL AND MISCELLANEOUS PROVISIONS
29 Judicial determination of existence and extent of access rights
30 Existing byelaws providing for public access to land
31 Constables' powers of entry

32 Application of section 18 to rights of way
33 Repeal, with savings, of sections 30 to 38 of the Countryside (Scotland) Act 1967
34 Repeal of section 55 of the Countryside (Scotland) Act 1967
35 Repeal of Part II of Countryside (Scotland) Act 1967
36 Access rights and rights of way covered by Part III of Countryside (Scotland) Act 1967

37 Amendment of Civic Government (Scotland) Act 1982
38 Amendment of Criminal Justice and Public Order Act 1994 and Public Order Act 1986

39 Interpretation

PART 2 THE COMMUNITY RIGHT TO BUY

CHAPTER 1 GENERAL EXTENT OF COMMUNITY RIGHT TO BUY
40 Right of community to buy rural land
41 Registrable land

42 Community bodies
43 Provisions supplementary to section 42

44 Register of Community Interests in Land

CHAPTER 2 REGISTRATION OF INTERESTS
45 Registration of interest in land
46 Criteria for registration
47 Time limit for registration: late registration
48 Action by Ministers following application for registration
49 Effect of registration
50 Duration and renewal of registration

51 Deletion of community interest in land

CHAPTER 3 ACTIVATION OF RIGHT TO BUY
52 Right to buy activated when transfer of land is proposed
53 Provisions supplementary to and explanatory of section 52
54 Power to modify sections 52(4) and (5) and 53
55 Anti-avoidance provisions
56 Duties on owner proposing to transfer land

57 Procedure following receipt of notice under section 56

CHAPTER 4 PROCEDURE AFTER ACTIVATION OF RIGHT TO BUY
58 Exercise of right to buy: approval of community and consent of Ministers
59 Ballot procedure
60 Declinature of right to buy
61 Right to buy same land exercisable only by one community body
62 Procedure for buying

CHAPTER 5 VALUATION OF LAND
63 Assessment of value of land
64 Procedure for valuation
65 Provisions supplementary to section 58: salmon fishings and minerals

66 Effect of right to buy on other rights
67 Powers of Lands Tribunal in event of failure or delay

CHAPTER 6 APPEALS
68 Appeals
69 Appeals to Lands Tribunal: valuation
70 Compensation
71 Compensation appeals

CHAPTER 7 GENERAL AND MISCELLANEOUS PROVISIONS
72 Compulsory purchase of land transferred in breach of this Part
73 Disposal of land by a community body
74 Construction of references to land in which community interest registered

PART 3 THE CROFTING COMMUNITY RIGHT TO BUY

CHAPTER 1 GENERAL EXTENT OF CROFTING COMNIUNITY RIGHT TO BUY
75 Right of crofting community to buy croft land: general purposes and limitation
76 Land which may be bought: eligible croft land
77 Land which may be bought: eligible additional land and sporting interests

78 Crofting community bodies
79 Provisions supplementary to section 78

CHAPTER 2 EXERCISE OF RIGHT TO BUY
80 Application by crofting community body for consent to buy croft land
81 Criteria for consent by Ministers
82 Ballot to indicate approval for purposes of section 81(1)
83 Right to buy same eligible land exercisable by only one crofting community body

84 Reference to Land Court of purchase of eligible additional land without owners consent
85 Modification of section 84(2) (a) to (d)

86 Additional land included at request of owner
87 Consent conditions
88 Notification of Ministers' decision on application

89 Leaseback to owner of sporting interests
90 Effect on other rights of Ministers' decision on right to buy

91 Confirmation of intention to proceed with purchase and withdrawal
92 Completion of purchase

93 Completion of transfer

CHAPTER 3 VALUATION OF CROFT LAND
94 Assessment of value of croft land etc.
95 Compensation
96 Grants towards crofting community bodies' liabilities to pay compensation

CHAPTER 4 REFERENCES AND APPEALS
97 Reference to Land Court of questions on applications
98 Appeals against consent
99 Appeals to Land Court against valuation
100 Agreement as to matters referred or appealed

CHAPTER 5 GENERAL AND MISCELLANEOUS PROVISIONS
101 Register of Crofting Community Rights to Buy
102 Avoidance of disposal other than to crofting community body
103 Disposal of land by crofting community body

PART 4 GENERAL AND SUPPLEMENTARY

104 General and supplementary provisions
105 Short title and commencement

Schedule-Path orders

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