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1.1 The Scottish Executive has made it clear that land reform is an essential element of their wide-ranging plans for a modern Scotland. Now that the Scottish Parliament is in being, the way ahead is clear.
Background
1.2 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."
1.3 The Group recognised the need to consult extensively on what should be done. In February 1998 the Group issued a first consultation paper on identifying the problems and opportunities which land reform should address, attracting 364 responses. Then in September the Group issued a second consultation paper on identifying the solutions, assessing possible options for action in terms of what would be achieved by the proposed change; the legislative implications; the administrative implications; and the cost. 846 responses were received to this second consultation phase. The Group's final recommendations, published in January 1999, set out a comprehensive agenda for action. This agenda has been enthusiastically endorsed on all sides.
1.4 As a parallel exercise, the then Secretary of State for Scotland asked Scottish Natural Heritage (SNH) in October 1997 to consult with interested parties and advise on changes necessary in the law relating to access in order to provide people with greater freedom to enjoy the Scottish countryside. SNH issued a general invitation to contribute to this exercise, and received some 200 responses.
In addition, SNH sought the views of the Access Forum, a grouping representative of all interests relevant to access. SNH published its advice in December 1998 along with the proposals of the Access Forum which SNH generally endorsed. There exists, therefore, wide consensus on the way forward in respect of access issues.
The overall land reform agenda
1.5 Land reform has many dimensions; and so the Land Reform Policy Group recommendations covered a wide spectrum of action. It is clear that land reform is not a matter of a few isolated changes. Overall, what will be delivered will be an integrated programme of action and legislation over the next 4 or 5 years. A good deal of that action can be taken forward without having to enact new legislation. Much is already under way. In the light of the success of the Highlands and Islands Enterprise's Community Land Unit, Scottish Enterprise has now set up a Community Land Unit of its own. Landowning public bodies that are answerable to Scottish Ministers will shortly be responding to new requirements for local community involvement in the management of their land. By the end of the year, there will be a substantially enhanced Scottish Land Fund, funded from the National Lottery. And, most importantly, a start is about to be made on developing codes of good practice for landownership and for land use: these will clearly define the standards expected to apply throughout Scotland.
1.6 But a range of new land reform legislation is also needed. So in due course the Scottish Executive will bring forward a wide range of law reform measures, new conservation measures, reforming legislation on agricultural holdings and new crofting legislation. And most immediately the Scottish Executive hopes that legislation covering community ownership and access will be amongst the first fruits of this Parliament.
Land reform legislation
1.7 The proposed legislation will create new opportunities for community ownership and for access to the Scottish countryside. The proposed legislation will:
1.8 Details of these proposals for legislation are set out in the Chapters which follow.
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