Forestry and Land Management (Scotland) Act 2018

Acquisition and disposal of land

18 Power 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.

19 Compulsory 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.

20 Power 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.