Land Reform (Scotland) Act 2016

46 Eligible land

(1) The land which may be bought under this Part (“eligible land”) is any land other than excluded land.

(2) In subsection (1) “excluded land” means—

(a) land on which there is a building or other structure which is an individual’s home, unless the building or structure is occupied by an individual under a tenancy,

(b) such land pertaining to land of the type mentioned in paragraph (a) as the Scottish Ministers may by regulations specify,

(c) croft land within the meaning of section 68(2) of the Land Reform (Scotland) Act 2003,

(d) land which is owned or occupied by the Crown by virtue of its having vested as bona vacantia in the Crown, or its having fallen to the Crown as ultimus haeres,

(e) land of such other descriptions or classes as the Scottish Ministers may by regulations specify.

(3) The Scottish Ministers may by regulations make provision about—

(a) the buildings and structures which are, or are to be treated as, a home for the purposes of subsection (2)(a),

(b) the types of occupation and possession of land that are, or are to be treated as, a tenancy for the purposes of subsection (2)(a).