Part 2Leasing land

Chapter 2Small landholdings

14Extension of Tenant Farming Commissioner’s functions

(1)

The Land Reform (Scotland) Act 2016 is modified as follows.

(2)

In section 11 (eligibility for appointment), in subsection (3), after “agriculture” insert “and rural land tenure”.

(3)

In section 12 (disqualification from membership), in subsection (3)—

(a)

the word “or” immediately preceding paragraph (b) is repealed,

(b)

after paragraph (b) insert “, or

(c)

a tenancy of a small landholding (see schedule 2 of the Land Reform (Scotland) Act 2025).”.

(4)

In section 22 (functions of the Land Commissioners), in subsection (4), for “and agricultural holdings” substitute “, agricultural holdings and small landholdings”.

(5)

In section 24 (functions of the Tenant Farming Commissioner)—

(a)

in subsection (1)—

(i)

in paragraph (a), after “agricultural holdings” insert “and small landholdings”,

(ii)

in paragraph (d), after “tenants” insert “of agricultural holdings”,

(iii)

in paragraph (f), after “agricultural holdings” insert “or small landholdings”,

(iv)

in paragraph (g), for “and agricultural holdings” substitute “, agricultural holdings and small landholdings”,

(b)

in subsection (2), for “agricultural holdings.” substitute “—

(a)

agricultural holdings,

(b)

small landholdings.”,

(c)

after subsection (5) insert—

“(6)

Regulations under subsection (5) which make provision about the functions of the Tenant Farming Commissioner as they relate to agricultural holdings may make equivalent provision about the Commissioner’s functions as they relate to small landholdings.”.

(6)

In section 27 (Tenant Farming Commissioner: codes of practice)—

(a)

in subsection (1), for “landlords and tenants of agricultural holdings and their agents.” substitute “—

(a)

landlords and tenants of agricultural holdings,

(b)

landlords and tenants of small landholdings,

(c)

agents of a person mentioned in paragraph (a) or (b).”,

(b)

in subsection (2)—

(i)

in paragraph (a), after “negotiating” insert “rent”,

(ii)

in paragraph (f), after “waygo” insert “or removal”,

(iii)

after paragraph (g) insert—

“(ga)

creating small landholdings,

(gb)

converting small landholdings to crofts,”,

(iv)

in paragraph (j) (inserted by section 31), after “purposes” insert “or for non-cultivation activities”,

(c)

in subsection (9)—

(i)

for “section 61 of the 1991 Act or section 78 of the 2003 Act” substitute “the following provisions”,

(ii)

after “proceedings” insert “—

(a)

section 61 of the 1991 Act,

(b)

section 78 of the 2003 Act,

(c)

paragraph 74 of schedule 2 of the Land Reform (Scotland) Act 2025.”.

(7)

In section 28 (Tenant Farming Commissioner: promotion of codes of practice)—

(a)

in paragraph (b), for “landlords and tenants of agricultural holdings and their agents,” substitute “—

(i)

landlords and tenants of agricultural holdings,

(ii)

landlords and tenants of small landholdings,

(iii)

agents of a person mentioned in sub-paragraph (i) or (ii),”,

(b)

in paragraph (c), for “landlords and tenants of agricultural holdings and their agents,” substitute “—

(i)

landlords and tenants of agricultural holdings,

(ii)

landlords and tenants of small landholdings,

(iii)

agents of a person mentioned in sub-paragraph (i) or (ii),”,

(c)

in paragraph (e), after “agricultural holdings” insert “and small landholdings”.

(8)

In section 33 (report on inquiry), in subsection (4)—

(a)

for “section 61 of the 1991 Act or section 78 of the 2003 Act” substitute “the following provisions”,

(b)

after “proceedings” insert “—

(a)

section 61 of the 1991 Act,

(b)

section 78 of the 2003 Act,

(c)

paragraph 74 of schedule 2 of the Land Reform (Scotland) Act 2025.”.

(9)

The heading of section 36 becomes “Report on operation of agents in relation to agricultural holdings”.

(10)

The heading of section 37 becomes “Recommendations for modern list of improvements to agricultural holdings”.