Scottish Statutory Instruments
Land Reform
Made
1st September 2016
Laid before the Scottish Parliament
5th September 2016
Coming into force
1st November 2016
The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 130(2), (3) and (4) of the Land Reform (Scotland) Act 2016(1) and all other powers enabling them to do so.
1.—(1) These Regulations may be cited as the Land Reform (Scotland) Act 2016 (Commencement No. 2 and Transitory Provisions) Regulations 2016 and come into force on 1st November 2016.
(2) In these Regulations—
“the Act” means the Land Reform (Scotland) Act 2016;
“the Commission” means the Scottish Land Commission.
2.—(1) 1st November 2016 is the day appointed for the coming into force of the provisions of the Act specified in column 1 of the table in schedule 1 (the subject matter of which is described in column 2 of that table).
(2) Where a purpose is specified in column 3 of that table in relation to any provision specified in column 1, that provision comes into force on 1st November 2016 only for that purpose.
(3) 1st April 2017 is the day appointed for the coming into force of the provisions of the Act specified in column 1 of the table in schedule 2 (the subject matter of which is described in column 2 of that table).
(4) 1st October 2017 is the day appointed for the coming into force of section 22(3)(a)(i) of the Act (functions of the Land Commissioners).
3.—(1) Paragraphs (2) to (4) apply for the period beginning with 1st November 2016 and ending with 31st March 2017.
(2) The function of the Commission is to make such preparations and arrangements as are appropriate and practicable so that the Commission may perform its functions under section 6 of the Act from 1st April 2017.
(3) The function of any member of the Commission appointed during the period referred to in paragraph (1) is to make such preparations and arrangements as are appropriate and practicable so that that member may perform his or her functions under section 22 or, as the case may be, 24 of the Act from 1st April 2017.
(4) For the purposes of—
(a)sections 7(1)(a)(i), 15(4) and 17(1)(a), (2) and (3) of the Act, the references to the functions of the Commission in those provisions are to be read as if they were to the function set out in paragraph (2);
(b)sections 7(1)(a)(ii) and (iii), 13(2)(e) and 17(1)(b) and (c) of the Act, the references to the functions of the members of the Commission in those provisions are to be read as if they were to the function set out in paragraph (3); and
(c)sections 14(1)(b) and 17(5)(b) of the Act, the references to the functions of the Commission and the members of the Commission in those provisions are to be read as if they were to the functions set out in paragraphs (2) and (3) respectively.
4.—(1) For the purposes of sections 19 and 20 of the Act, the first financial year of the Commission is the period beginning with 1st November 2016 and ending with 31st March 2018.
(2) For the purposes of section 20(1)(a) and (3) of the Act and the first financial year, the functions referred to in those provisions are to be read as if they referred to—
(a)in respect of the period beginning with 1st November 2016 and ending with 31st March 2017, the functions referred to in regulation 3(2) and(3); and
(b)in respect of the period beginning with 1st April 2017 and ending with 31st March 2018, the functions referred to in sections 6, 22 and 24 of the Act.
ROSEANNA CUNNINGHAM
A member of the Scottish Government
St Andrew’s House,
Edinburgh
1st September 2016
Regulation 2(1) and (2)
Column 1 Provisions of the Act | Column 2 Subject matter | Column 3 Purpose |
|---|---|---|
| Section 4(1) to (5) | The Scottish Land Commission | |
| Section 5 | Status | |
| Section 7 | General powers | |
| Section 10 | Membership | |
| Section 11 | Eligibility for appointment | |
| Section 12(1), (2), (3)(a), (4) and (5) | Disqualification from membership | |
| Section 12(3)(b) | Disqualification from membership | For the purpose of a tenancy under sections 4 or 5 of the Agricultural Holdings (Scotland) Act 2003 |
| Section 13 | Resignation and removal | |
| Section 14 | Remuneration, allowances and pensions | |
| Section 15 | Staff | |
| Section 16 | Validity of things done | |
| Section 17 | Committees | |
| Section 18 | Regulation of procedure | |
| Section 19 | Accounts | |
| Section 20 | Annual report | |
| Section 21(1) | Application of legislation relating to public bodies: ethical standards in public life | |
| Section 21(2) | Application of legislation relating to public bodies: freedom of information | |
| Section 44 | Guidance on engaging communities in decisions relating to land |
Regulation 2(3)
Column 1 Provisions of the Act | Column 2 Subject matter |
|---|---|
| Section 4(6) to (8) | The Scottish Land Commission |
| Section 6 | Functions of the Commission |
| Section 8 | Strategic plan |
| Section 9 | Programme of work |
| Section 21(3) | Application of legislation relating to public bodies: public services reform |
| Section 22(1), (2), (3)(a)(ii) and (iii) and (b), (4) and (5) | Functions of the Land Commissioners |
| Section 23 | Land Commissioners: delegation of functions |
| Section 24 | Functions of the Tenant Farming Commissioner |
| Section 25 | Tenant Farming Commissioner: delegation of functions |
| Section 26 | Acting Tenant Farming Commissioner |
| Section 27(1), (2)(a) to (f) and (h) to (i) and (3) to (9) | Tenant Farming Commissioner: codes of practice |
| Section 28 | Tenant Farming Commissioner: promotion of codes of practice |
| Section 29 | Application to inquire into breach of code of practice |
| Section 30 | Procedure for inquiry |
| Section 31 | Enforcement powers |
| Section 32 | Notice of non-compliance penalty |
| Section 33 | Report on inquiry |
| Section 34 | Tenant Farming Commissioner: confidentiality of information |
| Section 35 | Protection from actions for defamation |
| Section 36 | Report on agents of landlords and tenants |
| Section 37 | Recommendations by Tenant Farming Commissioner for modern list of improvements |
| Section 38 | Referral of questions of law by Tenant Farming Commissioner to Land Court |
(This note is not part of the Regulations)
These Regulations make provision in relation to bringing into force particular sections of the Land Reform (Scotland) Act 2016 (“the Act”).
Regulation 2(1) and schedule 1 appoint 1st November 2016 for the coming into force of the provisions listed there. Regulation 2(2) provides that where a purpose is specified in the third column of the table in schedule 1 the associated provision comes into force only for that purpose. The subject matter of the provisions commenced by schedule 1 are: partial commencement of the Scottish Land Commission and commencement of section 44 of the Act on engaging communities in decisions relating to land.
Regulation 2(3) and schedule 2 appoint 1st April 2017 for the coming into force of the sections listed there, which relate to the Scottish Land Commission. Regulation 2(4) appoints 1st October 2017 for the coming into force of section 22(3)(a)(i) as this is the date when the Land Rights and Responsibilities Statement under Part 1 of the Act must be published and laid before the Scottish Parliament.
Regulation 3 makes provision so that during the period before the Scottish Land Commission is fully commenced the Commission and any Commissioners appointed have the function of getting ready for the point at which they are required to perform their respective full functions under the Act.
Regulation 4 provides that the first financial year runs from 1st November 2016 until 31st March 2018 so that accounting and reporting includes the period during which the Commission is setting up.
(This note is not part of the Regulations)
The following provisions of the Land Reform (Scotland) Act 2016 have been brought into force by commencement regulations made before the date of these Regulations.