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Identifying The Solutions |
| 10 Summary of Options |
| 10.1 Here is a summary of the options assessed in Chapters 4 to 9: |
| Land ownership |
Vision for the future |
Possible legislation and other action to achieve this |
Provisional view |
| More local involvement, greater commitment and accountability by private landowners in rural Scotland | LO1 Encourage private owners to be more locally accountable and to be available or have accessible local representation | Probably yes |
| LO2 Introduce time for the assessment of the public interest in strategic sales | Probably yes | |
| LO3 Make more explicit Government support for use of compulsory purchase powers as a last resort to acquire land where this will assist implementation of local plans or other strategies | Probably yes | |
| LO4 Regulate all (or major) land sales | Probably not | |
| LO5 Abolish national non-domestic rate relief on sporting estates | Maybe | |
| LO6 Reduce or abolish national non-domestic rate relief on agriculture and forestry | Maybe but not yet | |
| LO7 Introduce land value taxation | Maybe but not yet | |
| More scope for community ownership and management of local land where this can be sustainable | LO8 Provide advice and support (including an enhanced Land Fund) for those considering community ownership or management | Probably yes |
| LO9 Introduce community right to buy at market value | Probably not | |
| More scope for releasing land for housing and local development where this is sustainable and secures the retention and if possible the expansion of fragile rural communities | LO10 Streamline compulsory purchase powers to make acquisition of key sites as a last resort more effective where this will assist imple-mentation of local plans or other strategies | Probably yes following review |
| More scope for smallholdings supporting a wide range of land-based and other economic activity where this is sustainable and secures the retention and if possible the expansion of fragile rural communities | LO11 Buy land on the open market for transfer to smallholders | Probably yes |
| LO12 Introduce compulsory leasing of land | Probably not | |
| About the same level of ownership by public bodies, but with more local involvement and accountability and more employment of local people | LO13 Issue guidance letters from Ministers to public bodies to require community involvement in management of all public estates and to maximise employment of local people | Probably yes |
| LO14 Encourage increased Crown Estate accountability in Scotland | Probably yes | |
| More local involvement and accountability and more employment of local people by non-Governmental organisations who own land in rural Scotland | LO15 Encourage non-Governmental organisations to secure community involvement and employment of local people | Probably yes |
| Law reform |
Vision for the future |
Possible legislation and other action to achieve this |
| Outdated and unfair feudal arrangements swept away | Scottish Law Commission will
bring forward proposals for feudal reform Scottish Law Commission has brought forward proposals for leasehold casualty reform |
| Conditionality of land ownership where appropriate to reflect modern circum-stances | Scottish Law Commission will bring forward proposals for reform of real burdens |
| A more constructive approach to problem cases, including those relating to the foreshore and the seabed | Scottish Law Commission to be invited to review and revise law of the foreshore and seabedInformation about land |
| Information about Land |
Vision for the future |
Possible legislation and other action to achieve this |
Provisional view |
| More definitive information readily available about land ownership | INF1 Require all holdings above given size to be registered in the Land Register, regardless of change in ownership | Probably yes in the longer term |
| INF2 Provide incentives for voluntary registration | Maybe but not yet | |
| INF3 Make access to public assistance conditional on registration | Probably yes but not yet | |
| More broad-brush information readily available about land ownership | INF4 Produce map-based (non-authoritative) information on land holdings based on information from the Register of Sasines, by combining and publishing all existing data held by public bodies, including relevant public utilities (unless of particular sensitivity), and encouraging rural landowners to assist by providing information about their holdings | Probably yes |
| INF5 Extend current ScotLIS (Scottish Land Information Service) project to include all public body datasets including those of relevant public utilities | Probably yes if pilot successful | |
| More information readily available about beneficial owners | INF6 Introduce a power to investigate beneficial ownership of land | Maybe |
| More information readily available about public support relating to land | INF7 Make existing information on recipients of public assistance available | Probably yes so far as possible |
| INF8 Make provision of public assistance conditional on agreement for information on such assistance to be made public | Probably yes so far as possibleLand use |
| Land Use |
Vision for the future |
Possible legislation and other action to achieve this |
Provisional view |
| Better integration of policy for rural land use at national level | LU1 Improve co-ordination of activity between public bodies responsible for conservation of the natural and cultural heritage, environmental, agricultural and other land use matters | Probably yes |
| LU2 Clarify and streamline public assistance and its objectives to achieve desirable land use | Probably yes so far as possible | |
| LU3 Make existing public assistance supporting land uses such as agriculture, forestry and conservation more user-friendly | Probably yes so far as possible | |
| LU4 Introduce a code of practice on rural land use | Probably yes | |
| LU5 Make provision of public assistance conditional on land uses such as agriculture, forestry, sporting and conservation being consistent with the code of practice | Probably yes so far as possible | |
| More integrated planning of rural land use at local level | LU6 Use rural development strategies to deal with rural land use on an integrated basis | Probably yes |
| LU7 Regulate local land use through local land councils | Probably not | |
| LU8 Make provision of public assistance conditional on rural land use being consistent with rural development strategies | Probably yes so far as possible | |
| LU9 Extend planning control to agricultural, forestry, sporting and conservation-related developments | Probably yes: consider scope and definition | |
| LU10 Provide for stronger enforcement of deer control measures | Probably yes | |
| More community involvement in decisions about rural land use | LU11 Require all public land owners to develop land management plans in consultation with the local community | Probably yes |
| LU12 Make provision of public assistance to landowners/tenants conditional on them consulting the community about the activities for which they are seeking assistance | Probably yes so far as possible | |
| More public access on a responsible basis | Scottish Natural Heritage will bring forward proposals for reform |
| Landlord and tenant |
Vision for the future |
Possible legislation and other action to achieve this |
Provisional view |
| More scope for diversity of agricultural tenancy arrangements | LT1 Introduce farm business tenancies as in the Agricultural Tenancies Act 1995 in England and Wales | Probably not |
| LT2 Abolish the Agricultural Holdings (Scotland) Act 1991 for new tenancies | Probably not | |
| LT3 Amend the 1991 Act to provide for limited duration tenancies, to include specific provisions to control the use of limited partnerships, and to reduce the restrictions on using short-term lets | Probably yes | |
| LT4 Introduce a right for secure tenants to buy their farms, including a provision to enable smallholders or tenants to acquire ownership of their farm buildings, and a right of pre-emptive purchase by the tenant when sale by the landowner is in prospect | Maybe in particular circumstances | |
| Simpler and cheaper arrangements for resolution of disputes between agricultural tenants and their landlords | LT5 Simplify the arbitration procedures, introducing stricter controls over the cost of arbitrations, and appointing a smaller, more experienced arbiters’ panel, with more training and general guidance | Probably yes |
| LT6 Extend the role of the Scottish Land Court (SLC) to cover appointment of arbiters, providing for all stated cases to go to the SLC, and introduce stricter time limits | Probably yes | |
| Wider opportunities for tenant farmers to diversify | LT7 Introduce a statutory provision into new leases to permit wider diversification, and provide model forms of agreement for tenants to obtain landowners’ consent | Probably yes |
| LT8 Amend the existing provisions for resumption and efficient farming to permit operation on a part-time basis | Probably yes | |
| LT9 Provide greater protection for tenants against resumption by landlords for non-agricultural land uses by restricting the operation of notices to quit and amending the rules of relevant public assistance schemes | Probably yes | |
| LT10 Introduce rights for tenants/ crofters to plant trees, to cut and sell timber, and to derive income from farm woodlands, and provide a clear and fair framework for payment of compensation at waygo | Probably yes | |
| LT11Amend the statutory rules of good husbandry to encourage management for nature conservation | Probably yes | |
| LT12 Introduce a pre-emption right for agricultural tenants to acquire vacant sporting leases | Maybe in particular circumstances | |
| LT13 Strengthen farm tenants’ rights to compensation for game damage and in respect of mineral developments | Probably yes | |
| LT14 Introduce provision for landlords and tenants to share the royalties in respect of mineral developments | Maybe | |
| Greater protection for those who own property built on leased land | LT15 Introduce legislation to provide security of tenure and rights of access plus mechanism for setting rents and for settling other disputes | Maybe |
| Crofting |
Vision for the future |
Possible legislation and other action to achieve this |
Provisional view |
| More sustainable crofting communities | CR1 Give all crofting communities the right to take control of the land | Probably yes |
| CR2 Encourage more community management of croft land | Probably yes | |
| CR3 Ensure there is no bias against newcomers in crofting administration | Probably yes | |
| CR4 Create new crofts | Maybe in particular circumstances | |
| CR5 Extend crofting tenure to other parts of Scotland | Maybe in particular circumstances | |
| More local involvement in and accountability for crofting administration | CR6 Transfer responsibility for crofting regulation to local authorities | Maybe |
| CR7 Devolve significant crofting regulation responsibilities to local communities | Maybe | |
| Much simplified crofting legislation and administration | CR8 End control over subdivision | Probably yes |
| CR9 Simplify controls over subletting | Probably yes | |
| CR10 Simplify control over most assignations and reduce control over relets | Maybe | |
| CR11 Reduce Crofters Commission involvement in succession matters | Probably yes | |
| More (or at least not fewer) active crofters | CR12 More rigorous action on absent-eeism by Crofters Commission | Probably yes |
| CR13 Restrict the size of multiple tenancy holdings | Probably not | |
| CR14 Reduce scope for resumption and decrofting of croft land | Probably yes | |
| CR15 End or modify right to buy croft or croft house and garden ground | Probably not | |
| Undertaking a wider range of land-based and other economic activity rather than predominantly agriculture | CR16 Decouple link between crofting grants and agricultural production | Probably yes |
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