Part 1Land reform

Chapter 1Large land holdings: Management and transfer of ownership

7Establishment of the Land and Communities Commissioner

(1)

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

(2)

In section 4 (the Scottish Land Commission)—

(a)

in subsection (4)—

(i)

the word “and” immediately preceding paragraph (b) is repealed,

(ii)

after paragraph (b) insert “, and

(c)

the Land and Communities Commissioner.”,

(b)

after subsection (8) insert—

“(9)

The Land and Communities Commissioner has the functions conferred by section 38A.”.

(3)

In section 6 (functions of the Commission), for “and Tenant Farming Commissioner” substitute “, Tenant Farming Commissioner and Land and Communities Commissioner”.

(4)

In section 7 (general powers of the Commission), after subsection (1)(a)(iii) insert—

“(iv)

the functions of the Land and Communities Commissioner,”.

(5)

In section 8 (the Commission’s strategic plan)—

(a)

in subsection (1), for “and the Tenant Farming Commissioner” substitute “, the Tenant Farming Commissioner and the Land and Communities Commissioner”,

(b)

in subsection (2)—

(i)

after paragraph (a)(iii) insert—

“(iv)

the Land and Communities Commissioner,”,

(ii)

after paragraph (b)(iii) insert—

“(iv)

the Land and Communities Commissioner.”.

(6)

In section 11 (eligibility for appointment), after subsection (3) insert—

“(3A)

In appointing the Land and Communities Commissioner, the Scottish Ministers must ensure that the person appointed has expertise or experience in—

(a)

land management, and

(b)

community empowerment.”.

(7)

In section 12 (disqualification from membership)—

(a)

after subsection (2) insert—

“(2A)

A person may not be appointed as the Land and Communities Commissioner if that person is or, within the year preceding the date on which the appointment is to take effect, has been the owner of land in relation to which section 67H of the Land Reform (Scotland) Act 2003 applies.”,

(b)

after subsection (5) insert—

“(6)

A person’s appointment as the Land and Communities Commissioner ceases if, during the person’s period of appointment, subsection (2A) applies to that person.”.

(8)

In section 17 (committees of the Commission)—

(a)

in subsection (1), after paragraph (c) insert—

“(d)

the functions of the Land and Communities Commissioner.”,

(b)

in subsection (5)(b), for “or of the Tenant Farming Commissioner” substitute “, of the Tenant Farming Commissioner or of the Land and Communities Commissioner”.

(9)

In section 20 (annual report), after subsection (1)(a)(iii) insert—

“(iv)

the functions of the Land and Communities Commissioner,”.

(10)

In section 22 (functions of the Land Commissioners)—

(a)

in subsection (3), for paragraph (b) substitute—

“(b)

collaborate with—

(i)

the Tenant Farming Commissioner,

(ii)

the Land and Communities Commissioner.”,

(b)

after subsection (4) insert—

“(4A)

In so far as the exercise of their functions relates to large landholdings, the Land Commissioners must have regard to the exercise of the Land and Communities Commissioner’s functions conferred by section 38A.”.

(11)

After section 38 insert—

“Chapter 4The Land and Communities Commissioner

38AFunctions of the Land and Communities Commissioner

The functions of the Land and Communities Commissioner are—

(a)

to enforce, in accordance with sections 44H to 44L, obligations imposed by regulations under section 44A,

(b)

to exercise the function conferred on the Commissioner by Part 2A of the Land Reform (Scotland) Act 2003,

(c)

to collaborate with the Land Commissioners in the exercise of their functions to the extent that those functions relate to the functions of the Commissioner,

(d)

to exercise any other functions conferred on the Commissioner by any enactment.

38BDelegation of functions

(1)

The Land and Communities Commissioner may authorise the following to exercise such of the Commissioner’s functions, and to such extent, as the Commissioner may determine—

(a)

any committee,

(b)

any employee of the Commission,

(c)

any other person.

(2)

Nothing in subsection (1) affects the responsibility of the Land and Communities Commissioner for the exercise of the Commissioner’s functions.

38CActing Land and Communities Commissioner

(1)

The Scottish Ministers may appoint a person to carry out the functions of the Land and Communities Commissioner during a period in which the office is vacant (an “acting Land and Communities Commissioner”).

(2)

A person who is disqualified for appointment as Land and Communities Commissioner is also disqualified for appointment as acting Land and Communities Commissioner.

(3)

A person appointed as acting Land and Communities Commissioner—

(a)

may, by giving notice in writing to the Scottish Ministers, resign at any time,

(b)

may be dismissed by the Scottish Ministers at any time,

(c)

in other respects, holds appointment on such terms and conditions as the Scottish Ministers may determine.

(4)

While holding appointment as acting Land and Communities Commissioner, a person is to be treated as the Commissioner for all purposes other than those of sections 13 and 14.”.