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The Land Reform (Scotland) Act 2016 (Commencement No. 8 and Saving Provision) Regulations 2018

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Scottish Statutory Instruments

2018 No. 138 (C. 11)

Land Reform

The Land Reform (Scotland) Act 2016 (Commencement No. 8 and Saving Provision) Regulations 2018

Made

1st May 2018

Laid before the Scottish Parliament

2nd May 2018

Coming into force

17th May 2018

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 130(2), (3) and (4) of the Land Reform (Scotland) Act 2016(1) and all other powers enabling them to do so.

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Land Reform (Scotland) Act 2016 (Commencement No. 8 and Saving Provision) Regulations 2018 and come into force on 17th May 2018.

(2) In these Regulations—

“the 2003 Act” means the Land Reform (Scotland) Act 2003(2); and

“the 2016 Act” means the Land Reform (Scotland) Act 2016.

Appointed days

2.—(1) 17th May 2018 is the day appointed for the coming into force of the provisions of the 2016 Act specified in column 1 of the table in schedule 1 (the subject matter of which is described in column 2 of that table).

(2) Where a purpose is specified in column 3 of that table in relation to any provision specified in column 1, that provision comes into force on 17th May 2018 only for that purpose.

3.  27th June 2018 is the day appointed for the coming into force of the provisions of the 2016 Act specified in column 1 of the table in schedule 2 (the subject matter of which is described in column 2 of that table).

Saving provision: ballot procedure

4.  The modification made by paragraph 1(3) of schedule 1 of the 2016 Act(3) (right to buy land to further sustainable development: minor and consequential modifications) has no effect in relation to a ballot where a ballotter was appointed under section 51A(1) of the 2003 Act(4) (ballots under section 51 of the 2003 Act: appointment of ballotter, etc.) prior to 27th June 2018.

ROSEANNA CUNNINGHAM

A member of the Scottish Government

St Andrew’s House,

Edinburgh

1st May 2018

Regulation 2(1) and (2)

SCHEDULE 1PROVISIONS OF THE 2016 ACT COMING INTO FORCE ON 17TH MAY 2018

Column 1

Provisions of the 2016 Act

Column 2

Subject-matter

Column 3

Purpose

Section 39Information about persons with controlling interests in owners and tenants of landFor the purpose of consultation in accordance with section 41(1) and (2) of the 2016 Act.
Section 40Procedure for first regulations under section 39 of the 2016 ActFor the purpose of consultation in accordance with section 41(1) and (2) of the 2016 Act.
Section 41Procedure for first regulations under section 39 of the 2016 Act: consultation
Section 42Procedure for first regulations under section 39 of the 2016 Act: explanatory documentFor the purpose of consultation in accordance with section 41(1) and (2) of the 2016 Act.

Regulation 3

SCHEDULE 2PROVISIONS OF THE 2016 ACT COMING INTO FORCE ON 27TH JUNE 2018

Column 1

Provisions of the 2016 Act

Column 2

Subject-matter

Section 52(1), (10)(a), (10)(c), (11), (12) and (13)Register of Applications by Community Bodies to Buy Land
Section 52(10)(b) so far as it is not already in forceRegister of Applications by Community Bodies to Buy Land
Section 53Inclusion in the New Register of applications for right to buy abandoned, neglected or detrimental land
Section 129(1)Minor and consequential modifications
Schedule 1Right to buy land to further sustainable development: minor and consequential modifications

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make provision in relation to bringing into force particular provisions of the Land Reform (Scotland) Act 2016 (“the 2016 Act”). The Bill for the 2016 Act received Royal Assent on 22nd April 2016. Sections 125 to 127, 130 and 131 came into force on 23rd April 2016.

Section 39(1) of the 2016 Act requires the Scottish Ministers to make provision, by regulations, requiring information to be provided about persons who have controlling interests in owners and tenants of land, and about the publication of that information in a public register kept by the Keeper of the Registers of Scotland. Such regulations are subject to the affirmative procedure. In respect of the first regulations made under section 39(1), section 40 of the 2016 Act require the Scottish Ministers to have consulted in accordance with section 41 and, following that consultation, to have laid before the Scottish Parliament proposed draft regulations and an explanatory document prepared in accordance with section 42 of the 2016 Act.

Regulation 2 and schedule 1 appoints 17th May 2018 for the coming into force of section 41 of the 2016 Act. Section 41 sets out the consultation requirements that the Scottish Ministers are required to follow under section 40(a) of the 2016 Act, in respect of the first regulations made under section 39(1).

Regulation 2 and schedule 1 also appoints 17th May 2018 for the coming into force of sections 39, 40 and 42 of the 2016 Act. However, those sections are commenced on that day only for the limited purpose of the Scottish Ministers undertaking consultation on the first proposed draft regulations and the associated proposed explanatory document, in accordance with section 41(1) and (2) of the 2016 Act.

Regulation 3 and schedule 2 appoints 27th June 2018 for the coming into force of the provisions specified in column 1 of the table in schedule 2.

Section 52 of the 2016 Act requires the Keeper to establish and keep a register to be known as the Register of Applications by Community Bodies to Buy Land.

Section 53 of the 2016 Act amends Section 97F of the Land Reform (Scotland) Act 2003 (“the 2003 Act”), which was inserted by section 74 of the Community Empowerment (Scotland) Act 2015, so as to include applications for the community right to buy abandoned, neglected or detrimental land in the register established under section 52.

Schedule 1 of the 2016 Act contains minor and consequential amendments to the Land Reform (Scotland) Act 2003.

Regulation 4 provides that the modification made by paragraph 1(3) of schedule 1 of the 2016 Act has no effect in respect of a ballot conducted by a community body where, prior to the coming into force of these Regulations on 27th June 2018, a ballotter has been appointed under section 51A(1) of the 2003 Act.

NOTE AS TO EARLIER COMMENCEMENT REGULATIONS

(This note is not part of the Regulations)

The following provisions of the Land Reform (Scotland) Act 2016 (“the 2016 Act”) have been brought into force by commencement regulations made before the date of these Regulations.

Provisions of the 2016 ActDate of CommencementInstrument No.
Section 11st October 2016S.S.I. 2016/193
Section 21st October 2016S.S.I. 2016/193
Section 31st October 2017S.S.I. 2016/193
Section 4(1) to (5)1st November 2016S.S.I. 2016/250
Section 4(6) to (8)1st April 2017S.S.I. 2016/250
Section 51st November 2016S.S.I. 2016/250
Section 61st April 2017S.S.I. 2016/250
Section 71st November 2016S.S.I. 2016/250
Section 81st April 2017S.S.I. 2016/250
Section 91st April 2017S.S.I. 2016/250
Section 101st November 2016S.S.I. 2016/250
Section 111st November 2016S.S.I. 2016/250
Section 12(1), (2), (3)(a), (4) and (5)1st November 2016S.S.I. 2016/250
Section 12(3)(b) (partially)1st November 2016S.S.I. 2016/250
Section 131st November 2016S.S.I. 2016/250
Section 141st November 2016S.S.I. 2016/250
Section 151st November 2016S.S.I. 2016/250
Section 161st November 2016S.S.I. 2016/250
Section 171st November 2016S.S.I. 2016/250
Section 181st November 2016S.S.I. 2016/250
Section 191st November 2016S.S.I. 2016/250
Section 201st November 2016S.S.I. 2016/250
Section 21(1) and (2)1st November 2016S.S.I. 2016/250
Section 21(3)1st April 2017S.S.I. 2016/250
Section 22(1), (2), (3)(a)(ii) and (iii) and (b), (4) and (5)1st April 2017S.S.I. 2016/250
Section 22(3)(a)(i)1st October 2017S.S.I. 2016/250
Section 231st April 2017S.S.I. 2016/250
Section 241st April 2017S.S.I. 2016/250
Section 251st April 2017S.S.I. 2016/250
Section 261st April 2017S.S.I. 2016/250
Section 27(1), (2)(a) to (f) and (h) to (i) and (3) to (9)1st April 2017S.S.I. 2016/250
Section 281st April 2017S.S.I. 2016/250
Section 291st April 2017S.S.I. 2016/250
Section 301st April 2017S.S.I. 2016/250
Section 311st April 2017S.S.I. 2016/250
Section 321st April 2017S.S.I. 2016/250
Section 331st April 2017S.S.I. 2016/250
Section 341st April 2017S.S.I. 2016/250
Section 351st April 2017S.S.I. 2016/250
Section 361st April 2017S.S.I. 2016/250
Section 371st April 2017S.S.I. 2016/250
Section 381st April 2017S.S.I. 2016/250
Section 441st November 2016S.S.I. 2016/250
Section 52 (partially)23rd April 2018S.S.I. 2018/99
Section 7428th June 2016S.S.I. 2016/193
Section 7528th June 2016S.S.I. 2016/193
Section 7628th June 2016S.S.I. 2016/193
Section 7728th June 2016S.S.I. 2016/193
Section 7828th June 2016S.S.I. 2016/193
Section 7928th June 2016S.S.I. 2016/193
Section 8028th June 2016S.S.I. 2016/193
Section 8128th June 2016S.S.I. 2016/193
Section 8228th June 2016S.S.I. 2016/193
Section 8331st December 2016S.S.I. 2016/372
Section 8431st December 2016S.S.I. 2016/372
Section 85(1) and (3) (partially)23rd December 2016S.S.I. 2016/365
Section 85 (for all remaining purposes)30th November 2017S.S.I. 2017/299
Section 8630th November 2017S.S.I. 2017/299
Section 8730th November 2017S.S.I. 2017/299
Section 8830th November 2017S.S.I. 2017/299
Section 89 (partially)23rd December 2016S.S.I. 2016/365
Section 89 (for all remaining purposes)30th November 2017S.S.I. 2017/299
Section 9030th November 2017S.S.I. 2017/299
Section 9130th November 2017S.S.I. 2017/299
Section 92 (partially)23rd December 2016S.S.I. 2016/365
Section 98 (partially)23rd December 2016S.S.I. 2016/365
Section 100 (partially)23rd December 2016S.S.I. 2016/365
Section 101 (partially)23rd December 2016S.S.I. 2016/365
Section 102 (partially)23rd December 2016S.S.I. 2016/365
Section 10323rd December 2016S.S.I. 2016/365
Section 10423rd December 2016S.S.I. 2016/365
Section 10530th November 2017S.S.I. 2017/299
Section 10723rd December 2016S.S.I. 2016/365
Section 108(2) and (3)(a)(ii) and (b)23rd December 2016S.S.I. 2016/365
Section 108 (for all remaining purposes)30th November 2017S.S.I. 2017/299
Section 10923rd December 2016S.S.I. 2016/365
Section 110 (partially)23rd December 2016S.S.I. 2016/365
Section 111(2) and (4) (partially)23rd December 2016S.S.I. 2016/365
Section 11213th June 2017S.S.I. 2017/20
Section 11313th June 2017S.S.I. 2017/20
Section 11413th June 2017S.S.I. 2017/20
Section 11513th June 2017S.S.I. 2017/20
Section 11613th June 2017S.S.I. 2017/20
Section 11713th June 2017S.S.I. 2017/20
Section 11813th June 2017S.S.I. 2017/20
Section 11923rd December 2016S.S.I. 2016/365
Section 12023rd December 2016S.S.I. 2016/365
Section 12123rd December 2016S.S.I. 2016/365
Section 12223rd December 2016S.S.I. 2016/365
Section 12323rd December 2016S.S.I. 2016/365
Section 12423rd December 2016S.S.I. 2016/365
Section 129(2) and schedule 2 so far as they relate to paragraphs 1 to 6, 8 and 9 of schedule 2.30th November 2017S.S.I. 2017/299
Section 129(2) and schedule 2 so far as they relate to paragraph 7(1) of schedule 2 (partially)23rd December 2016S.S.I. 2016/365
Section 129(2) and schedule 2 so far as they relate to paragraph 7(1) of schedule 2 (partially)30th November 2017S.S.I. 2017/299
Section 129(2) and schedule 2 so far as they relate to paragraph 7(2) to (16)(a) and (17) to (28) and (30)(a) of schedule 230th November 2017S.S.I. 2017/299
Section 129(2) and schedule 2 so far as they relate to paragraphs 7(16)(b) and 14 to 19 of schedule 223rd December 2016S.S.I. 2016/365
Section 129(2) and schedule 2 so far as they relate to paragraph 7(29) and (30)(b) of schedule 2 (partially)23rd December 2016S.S.I. 2016/365
(1)

2016 asp 18 (“the 2016 Act”).

(3)

Schedule 1 of the 2016 Act is commenced by these Regulations.

(4)

Section 51A was inserted by section 49 of the Community Empowerment (Scotland) Act 2015 (asp 6).

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