Explanatory Notes

Land Reform (Scotland) Act 2016

2016 asp 18

22 April 2016

Commentary on Sections

Part 1 – Land Rights and Responsibilities Statement

Section 2 - Publication and review of land rights and responsibilities statement

7.The first statement must be published within 12 months of the commencement of section 2 (subsection (1)). The first statement must be reviewed within five years of it being published (subsection (4)). The statement must be further reviewed within the five years of the revised statement being laid before the Scottish Parliament (subsection (5)), or if no revised statement was published as a result of the review, within 5 years of the consultation report being laid before Parliament following the reviews (subsection (6)). The first statement, and any revised statement, must be laid before the Scottish Parliament (subsections (1), (7) and (9)).

8.Before the first statement is published, a draft statement must be published and consulted on (subsection (2)). Consultation must also take place as part of the review process (subsections (5) and (9)). A report on the consultation process must be laid before the Scottish Parliament when the first statement is laid (subsection (3)) and as part of the review process (subsections (6), (7) and (9)).

9.After undertaking a review of the statement, Scottish Ministers may decide a revised statement is not necessary. Scottish Ministers must set out their reasoning for revising or not revising the statement in the report laid before Parliament (subsections (6), (7) and (9)).