The Land Reform (Scotland) Act 2016 (Commencement No. 11) Regulations 2020

Scottish Statutory Instruments

2020 No. 383 (C. 33)

Land Reform

The Land Reform (Scotland) Act 2016 (Commencement No. 11) Regulations 2020

Made

17th November 2020

Laid before the Scottish Parliament

19th November 2020

Coming into force

16th December 2020

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 130(2) of the Land Reform (Scotland) Act 2016(1).

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Land Reform (Scotland) Act 2016 (Commencement No. 11) Regulations 2020 and come into force on 16 December 2020.

(2) In these Regulations, “the Act” means the Land Reform (Scotland) Act 2016.

Appointed day

2.—(1) The day appointed for the coming into force of the provisions of the Act referred to in paragraph (2) is 16 December 2020.

(2) The provisions referred to in this paragraph are—

(a) section 39 (information about persons with controlling interests in owners and tenants of land), to the extent it is not already in force, and

(b) section 128 (Crown application).

MAIRI GOUGEON

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

17th November 2020

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make provision in relation to the bringing into force of sections 39 and 128 of the Land Reform (Scotland) Act 2016 (“the Act”). The Bill for the Act received Royal Assent on 22 April 2016. Sections 125 to 127, 130 and 131 came into force the following day.

Section 39 of the Act requires the Scottish Ministers to make provision, by regulations, requiring information to be provided about persons who have controlling interests in owners and tenants of land, and about the publication of that information in a public register kept by the Keeper of the Registers of Scotland.

Section 39 of the Act was partially brought into force by the Land Reform (Scotland) Act 2016 (Commencement No. 8 and Saving Provision) Regulations 2018, for the limited purpose of the Scottish Ministers undertaking a consultation on the first proposed draft regulations and the associated proposed explanatory document, in accordance with section 41(1) and (2) of the Act.

Section 128(1) and (2) of the Act makes provision about Crown application.

Regulation 2 appoints 16 December 2020 for the coming into force of section 39 of the Act for all remaining purposes and for the coming into force of section 128 of the Act.

NOTE AS TO EARLIER COMMENCEMENT REGULATIONS

(This note is not part of the Regulations)

The following provisions of the Act have been brought into force by commencement regulations made before the date of these Regulations.

Provisions of the Act	Date of Commencement	Instrument No.
Sections 1 and 2	1 October 2016	S.S.I. 2016/193
Section 3	1 October 2017	S.S.I. 2016/193
Section 4(1) to (5)	1 November 2016	S.S.I. 2016/250
Section 4(6) to (8)	1 April 2017	S.S.I. 2016/250
Section 5	1 November 2016	S.S.I. 2016/250
Section 6	1 April 2017	S.S.I. 2016/250
Section 7	1 November 2016	S.S.I. 2016/250
Sections 8 and 9	1 April 2017	S.S.I. 2016/250
Sections 10, 11, and 12(1), (2), (3)(a), (4) and (5)	1 November 2016	S.S.I. 2016/250
Section 12(3)(b) (partially)	1 November 2016	S.S.I. 2016/250
Sections 13 to 20	1 November 2016	S.S.I. 2016/250
Section 21(1) and (2)	1 November 2016	S.S.I. 2016/250
Sections 21(3), and 22(1), (2), (3)(a)(ii) and (iii) and (b), (4) and (5)	1 April 2017	S.S.I. 2016/250
Section 22(3)(a)(i)	1 October 2017	S.S.I. 2016/250
Sections 23 to 26	1 April 2017	S.S.I. 2016/250
Sections 27(1), (2)(a) to (f) and (h) to (i) and (3) to (9)	1 April 2017	S.S.I. 2016/250
Sections 28 to 38	1 April 2017	S.S.I. 2016/250
Section 39 (partially)	17 May 2018	S.S.I. 2018/138
Section 40 (partially)	17 May 2018	S.S.I. 2018/138
Section 40 (for all remaining purposes)	10 January 2020	S.S.I. 2019/420
Section 41	17 May 2018	S.S.I. 2018/138
Section 42 (partially)	17 May 2018	S.S.I. 2018/138
Section 42 (for all remaining purposes)	10 January 2020	S.S.I 2019/420
Section 44	1 November 2016	S.S.I. 2016/250
Sections 45 to 51	26 April 2020	S.S.I. 2020/20
Section 52 (partially)	23 April 2018	S.S.I. 2018/99
Sections 52(1), (10)(a), (10)(c), (11), (12) and (13)	27 June 2018	S.S.I. 2018/138
Section 52(2) to (9)	26 April 2020	S.S.I. 2020/20
Section 52(10)(b) (for all remaining purposes)	27 June 2018	S.S.I. 2018/138
Section 53	27 June 2018	S.S.I. 2018/138
Sections 54 to 73	26 April 2020	S.S.I. 2020/20
Sections 74 to 82	28 June 2016	S.S.I. 2016/193
Sections 83 and 84	31 December 2016	S.S.I. 2016/372
Section 85(1) and (3) (partially)	23 December 2016	S.S.I. 2016/365
Section 85 (for all remaining purposes)	30 November 2017	S.S.I. 2017/299
Sections 86 to 88	30 November 2017	S.S.I. 2017/299
Section 89 (partially)	23 December 2016	S.S.I. 2016/365
Section 89 (for all remaining purposes)	30 November 2017	S.S.I. 2017/299
Sections 90 and 91	30 November 2017	S.S.I. 2017/299
Section 92 (partially)	23 December 2016	S.S.I. 2016/365
Section 98 (partially)	23 December 2016	S.S.I. 2016/365
Section 100 (partially)	23 December 2016	S.S.I. 2016/365
Section 101 (partially)	23 December 2016	S.S.I. 2016/365
Section 102 (partially)	23 December 2016	S.S.I. 2016/365
Sections 103 and 104	23 December 2016	S.S.I. 2016/365
Section 105	30 November 2017	S.S.I. 2017/299
Sections 107 and 108(2) and (3)(a)(ii) and (b)	23 December 2016	S.S.I. 2016/365
Section 108 (for all remaining purposes)	30 November 2017	S.S.I. 2017/299
Section 109	23 December 2016	S.S.I. 2016/365
Section 110 (partially)	23 December 2016	S.S.I. 2016/365
Section 111(2) and (4) partially	23 December 2016	S.S.I. 2016/365
Sections 112 to 118	13 June 2017	S.S.I. 2017/20
Sections 119 to 124	23 December 2016	S.S.I. 2016/365
Section 129(1) and schedule 1	27 June 2018	S.S.I. 2018/138
Section 129(2) and schedule 2 so far as they relate to paragraphs 1 to 6, 8 and 9 of schedule 2	30 November 2017	S.S.I. 2017/299
Section 129(2) and schedule 2 so far as they relate to paragraph 7(1) of schedule 2 (partially).	23 December 2016	S.S.I. 2016/365
Section 129(2) and schedule 2 so far as they relate to paragraph 7(1) of schedule 2 (partially)	30 November 2017	S.S.I. 2017/299
Section 129(2) and schedule 2 so far as they relate to paragraph 7(2) to (16)(a) and (17) to (28) and (30)(a) of schedule 2	30 November 2017	S.S.I. 2017/299
Section 129(2) and schedule 2 so far as they relate to paragraphs 7(16)(b) and 14 to 19 of schedule 2	23 December 2016	S.S.I. 2016/365
Section 129(2) and schedule 2 so far as they relate to paragraph 7(29) and (30)(b) of schedule 2 (partially)	23 December 2016	S.S.I. 2016/365

(1)

2016 asp 18.