The Land Reform (Scotland) Act 2016 (Commencement No. 4, Transitional and Saving Provisions) Regulations 2016

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make provision in relation to bringing into force sections 83 (core path plans) and 84 (access rights: service of court applications) of the Land Reform (Scotland) Act 2016 (“the 2016 Act”).

Section 83 modifies the existing procedure for the review and amendment of core path plans provided for by the Land Reform (Scotland) Act 2003 (“the 2003 Act”). It inserts section 20A (review and amendment of core paths plan: further procedure), section 20B (review and amendment of core paths plan: notice to owners and occupiers of land), section 20C (single amendment of core paths plan: procedure) and section 20D (single amendment of core paths plan: further procedure) into the 2003 Act. Section 84 amends the requirements as to service of an application under section 28 of the 2003 Act for the judicial determination of the existence and extent of access rights.

Regulation 2 appoints 31st December 2016 for the coming into force of these provisions of the 2016 Act.

Regulation 3 makes transitional provisions as regards the application of the modifications made by section 83 of the 2016 Act to a “relevant review”, which is defined in regulation 2 to mean a review and amendment of a core paths plan which has begun prior to 31st December 2016 but which is not complete by that date.

The effect of regulation 3(2) is that anything done under the old law before 31st December 2016 will have effect as if it had been done under the new law. Regulation 3(3), (4) and (5) make provision to adapt certain aspects of the new law to relevant reviews. Where a plan has already been made available for inspection under the old law, regulation 3(3) takes account of the fact that the old law did not require both the original and amended plans to be made available for inspection, and disapplies the requirement in the new law to make the original plan available. Where the consultation requirements under the old law have already been complied with by 31st December 2016, regulation 3(4) disapplies the requirement that the notice under section 20B of the 2003 Act must be served at the same time as the requirements of section 20A(1) are complied with. Regulation 3(5) disapplies the requirement for that notice to be served in the circumstances referred to in that paragraph.

Regulation 4 saves the old law for applications under section 28 of the 2003 Act which have been served prior to 31st December 2016.