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 39 | Information about persons with controlling interests in owners and tenants of land | For the purpose of consultation in accordance with section 41(1) and (2) of the 2016 Act. |
| Section 40 | Procedure for first regulations under section 39 of the 2016 Act | For the purpose of consultation in accordance with section 41(1) and (2) of the 2016 Act. |
| Section 41 | Procedure for first regulations under section 39 of the 2016 Act: consultation | |
| Section 42 | Procedure for first regulations under section 39 of the 2016 Act: explanatory document | For 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 force | Register of Applications by Community Bodies to Buy Land |
| Section 53 | Inclusion in the New Register of applications for right to buy abandoned, neglected or detrimental land |
| Section 129(1) | Minor and consequential modifications |
| Schedule 1 | Right 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 Act | Date of Commencement | Instrument No. |
|---|---|---|
| Section 1 | 1st October 2016 | S.S.I. 2016/193 |
| Section 2 | 1st October 2016 | S.S.I. 2016/193 |
| Section 3 | 1st October 2017 | S.S.I. 2016/193 |
| Section 4(1) to (5) | 1st November 2016 | S.S.I. 2016/250 |
| Section 4(6) to (8) | 1st April 2017 | S.S.I. 2016/250 |
| Section 5 | 1st November 2016 | S.S.I. 2016/250 |
| Section 6 | 1st April 2017 | S.S.I. 2016/250 |
| Section 7 | 1st November 2016 | S.S.I. 2016/250 |
| Section 8 | 1st April 2017 | S.S.I. 2016/250 |
| Section 9 | 1st April 2017 | S.S.I. 2016/250 |
| Section 10 | 1st November 2016 | S.S.I. 2016/250 |
| Section 11 | 1st November 2016 | S.S.I. 2016/250 |
| Section 12(1), (2), (3)(a), (4) and (5) | 1st November 2016 | S.S.I. 2016/250 |
| Section 12(3)(b) (partially) | 1st November 2016 | S.S.I. 2016/250 |
| Section 13 | 1st November 2016 | S.S.I. 2016/250 |
| Section 14 | 1st November 2016 | S.S.I. 2016/250 |
| Section 15 | 1st November 2016 | S.S.I. 2016/250 |
| Section 16 | 1st November 2016 | S.S.I. 2016/250 |
| Section 17 | 1st November 2016 | S.S.I. 2016/250 |
| Section 18 | 1st November 2016 | S.S.I. 2016/250 |
| Section 19 | 1st November 2016 | S.S.I. 2016/250 |
| Section 20 | 1st November 2016 | S.S.I. 2016/250 |
| Section 21(1) and (2) | 1st November 2016 | S.S.I. 2016/250 |
| Section 21(3) | 1st April 2017 | S.S.I. 2016/250 |
| Section 22(1), (2), (3)(a)(ii) and (iii) and (b), (4) and (5) | 1st April 2017 | S.S.I. 2016/250 |
| Section 22(3)(a)(i) | 1st October 2017 | S.S.I. 2016/250 |
| Section 23 | 1st April 2017 | S.S.I. 2016/250 |
| Section 24 | 1st April 2017 | S.S.I. 2016/250 |
| Section 25 | 1st April 2017 | S.S.I. 2016/250 |
| Section 26 | 1st April 2017 | S.S.I. 2016/250 |
| Section 27(1), (2)(a) to (f) and (h) to (i) and (3) to (9) | 1st April 2017 | S.S.I. 2016/250 |
| Section 28 | 1st April 2017 | S.S.I. 2016/250 |
| Section 29 | 1st April 2017 | S.S.I. 2016/250 |
| Section 30 | 1st April 2017 | S.S.I. 2016/250 |
| Section 31 | 1st April 2017 | S.S.I. 2016/250 |
| Section 32 | 1st April 2017 | S.S.I. 2016/250 |
| Section 33 | 1st April 2017 | S.S.I. 2016/250 |
| Section 34 | 1st April 2017 | S.S.I. 2016/250 |
| Section 35 | 1st April 2017 | S.S.I. 2016/250 |
| Section 36 | 1st April 2017 | S.S.I. 2016/250 |
| Section 37 | 1st April 2017 | S.S.I. 2016/250 |
| Section 38 | 1st April 2017 | S.S.I. 2016/250 |
| Section 44 | 1st November 2016 | S.S.I. 2016/250 |
| Section 52 (partially) | 23rd April 2018 | S.S.I. 2018/99 |
| Section 74 | 28th June 2016 | S.S.I. 2016/193 |
| Section 75 | 28th June 2016 | S.S.I. 2016/193 |
| Section 76 | 28th June 2016 | S.S.I. 2016/193 |
| Section 77 | 28th June 2016 | S.S.I. 2016/193 |
| Section 78 | 28th June 2016 | S.S.I. 2016/193 |
| Section 79 | 28th June 2016 | S.S.I. 2016/193 |
| Section 80 | 28th June 2016 | S.S.I. 2016/193 |
| Section 81 | 28th June 2016 | S.S.I. 2016/193 |
| Section 82 | 28th June 2016 | S.S.I. 2016/193 |
| Section 83 | 31st December 2016 | S.S.I. 2016/372 |
| Section 84 | 31st December 2016 | S.S.I. 2016/372 |
| Section 85(1) and (3) (partially) | 23rd December 2016 | S.S.I. 2016/365 |
| Section 85 (for all remaining purposes) | 30th November 2017 | S.S.I. 2017/299 |
| Section 86 | 30th November 2017 | S.S.I. 2017/299 |
| Section 87 | 30th November 2017 | S.S.I. 2017/299 |
| Section 88 | 30th November 2017 | S.S.I. 2017/299 |
| Section 89 (partially) | 23rd December 2016 | S.S.I. 2016/365 |
| Section 89 (for all remaining purposes) | 30th November 2017 | S.S.I. 2017/299 |
| Section 90 | 30th November 2017 | S.S.I. 2017/299 |
| Section 91 | 30th November 2017 | S.S.I. 2017/299 |
| Section 92 (partially) | 23rd December 2016 | S.S.I. 2016/365 |
| Section 98 (partially) | 23rd December 2016 | S.S.I. 2016/365 |
| Section 100 (partially) | 23rd December 2016 | S.S.I. 2016/365 |
| Section 101 (partially) | 23rd December 2016 | S.S.I. 2016/365 |
| Section 102 (partially) | 23rd December 2016 | S.S.I. 2016/365 |
| Section 103 | 23rd December 2016 | S.S.I. 2016/365 |
| Section 104 | 23rd December 2016 | S.S.I. 2016/365 |
| Section 105 | 30th November 2017 | S.S.I. 2017/299 |
| Section 107 | 23rd December 2016 | S.S.I. 2016/365 |
| Section 108(2) and (3)(a)(ii) and (b) | 23rd December 2016 | S.S.I. 2016/365 |
| Section 108 (for all remaining purposes) | 30th November 2017 | S.S.I. 2017/299 |
| Section 109 | 23rd December 2016 | S.S.I. 2016/365 |
| Section 110 (partially) | 23rd December 2016 | S.S.I. 2016/365 |
| Section 111(2) and (4) (partially) | 23rd December 2016 | S.S.I. 2016/365 |
| Section 112 | 13th June 2017 | S.S.I. 2017/20 |
| Section 113 | 13th June 2017 | S.S.I. 2017/20 |
| Section 114 | 13th June 2017 | S.S.I. 2017/20 |
| Section 115 | 13th June 2017 | S.S.I. 2017/20 |
| Section 116 | 13th June 2017 | S.S.I. 2017/20 |
| Section 117 | 13th June 2017 | S.S.I. 2017/20 |
| Section 118 | 13th June 2017 | S.S.I. 2017/20 |
| Section 119 | 23rd December 2016 | S.S.I. 2016/365 |
| Section 120 | 23rd December 2016 | S.S.I. 2016/365 |
| Section 121 | 23rd December 2016 | S.S.I. 2016/365 |
| Section 122 | 23rd December 2016 | S.S.I. 2016/365 |
| Section 123 | 23rd December 2016 | S.S.I. 2016/365 |
| Section 124 | 23rd December 2016 | S.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 2017 | S.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 2016 | S.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 2017 | S.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 2 | 30th November 2017 | S.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 2 | 23rd December 2016 | S.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 2016 | S.S.I. 2016/365 |
2016 asp 18 (“the 2016 Act”).
Schedule 1 of the 2016 Act is commenced by these Regulations.
Section 51A was inserted by section 49 of the Community Empowerment (Scotland) Act 2015 (asp 6).