Search Legislation

Forestry and Land Management (Scotland) Act 2018

Status:

This is the original version (as it was originally enacted).

Acquisition and disposal of land

18Power to acquire land by agreement

(1)The Scottish Ministers may, if they consider it appropriate to do so, acquire by agreement land for the purpose of exercising their functions under—

(a)section 11,

(b)section 15.

(2)The power in subsection (1) includes, in particular, the power—

(a)to purchase, or enter into a lease for, land,

(b)to accept land as a gift,

(c)to acquire any right or interest in or over land.

19Compulsory purchase of land

(1)The Scottish Ministers may compulsorily acquire land that they require for the purpose of exercising their functions under section 11.

(2)But the Scottish Ministers may not compulsorily acquire land if—

(a)the land is subject to an arrangement under section 17(1),

(b)the land is—

(i)subject to a forestry dedication agreement, and

(ii)being managed in accordance with a plan of operations that has been approved by the Scottish Ministers, or

(c)the land is held or used by a Minister of the Crown or a department of the Government of the United Kingdom.

(3)The power in subsection (1) includes, in particular, the power—

(a)to acquire any right or interest in or over land,

(b)to acquire a servitude or other right in or over land by the creation of a new right.

20Power to dispose of land

(1)The Scottish Ministers may, if they consider it appropriate to do so, dispose of land mentioned in subsection (2).

(2)The land is—

(a)land in the national forest estate,

(b)land within the meaning of section 12(1)(b)(i),

(c)land within the meaning of section 15(2)(b)(i).

(3)The Scottish Ministers must ensure that any funds received by them as a result of the disposal of land under subsection (1) are—

(a)separately recorded, and

(b)used by them solely for the purposes of or in connection with the carrying out of their functions under this Act.

(4)In subsection (1), “dispose of land” includes—

(a)the sale, gift or lease of the land,

(b)the grant of any right or interest in or over the land.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources