Land Reform Scotland Bill

Land Reform (Scotland) Bill

The Bill aims to reform the law around large landholdings and certain types of leases of land.

This is a Government bill

The Bill was introduced on 13 March 2024 and is at Stage 2

Stage: Introduced Stage: Stage 1 Stage: Stage 2 Stage: Stage 3 Stage: Act

This Bill is at Stage 2 of the process to decide if it should become an Act.

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Overview

The Bill is in two main parts.

Part 1 deals with large landholdings.

This part of the Bill:

gives Ministers the power to make changes to the law that would require certain landowners to
- have a land management plan
- consider requests from a community body to lease land
gives community bodies the opportunity to be informed about certain sales and more time to register an interest in buying land
states that, in certain cases, ownership of a large landholding must be transferred in smaller ‘lots’, rather than as a whole, if it may make a community more sustainable
creates a new Land and Communities Commissioner, within the Scottish Land Commission, who would be responsible for:
- the enforcement of the new community engagement requirements on landowners
- providing reports for lotting decisions

Part 2 of the Bill deals with certain types of leases of land and has three chapters.

Chapter 1 requires Ministers to publish a model lease that can be used for letting land for an environmental purpose.

Chapter 2 makes changes to the law relating to small landholdings, including:

giving the Tenant Farming Commissioner functions in relation to small landholdings
making provision around how small landholdings are managed, such as rent, use of land for non-cultivation purposes, how a small landholder can transfer their tenancy, compensation for the landowner or small landholder at the end of a small landholding tenancy, and a small landholder’s right to buy land

Chapter 3 makes changes to the law relating to agricultural holdings, including:

allowing Ministers to make regulations about how a tenant registers an interest in using the current pre-emptive right to buy land
making arrangements for how agricultural holdings should be managed, such as:
- rent reviews
- use of land for non-agricultural purposes
- compensation
- what happens when a landlord wants to take back (resume) all or part of the land forming an agricultural holding
making changes to the rules of good estate management and the rules of good husbandry.

Why the Bill was created

This Bill is part of the Scottish Government’s ongoing programme of land reform.

Part 1 of the Bill is based on the Scottish Land Commission’s recommendations relating to the scale and concentration of land ownership.

Part 2 of the Bill supports the and its ambition to “become a global leader in sustainable and regenerative agriculture”.

All Bills introduced in the Parliament must be accompanied by specific documents. For most Bills, this includes:

Explanatory Notes: this document provides an overview of what the Bill does, plus a more detailed explanation of individual provisions.

Policy Memorandum: this sets out the objectives of the Bill. It also lists any alternatives considered, details of consultations, and an assessment of the effects of the Bill on a range of areas.

Financial Memorandum: this sets out estimates of costs, savings, and any changes to revenues expected to result from the Bill.

Delegated Powers Memorandum: this is needed if a Bill gives powers to make subordinate legislation or allows Scottish Ministers to issue directions, guidance or codes of practice.

Statements on legislative competence: two short statements, one by the Presiding Officer and one by the Member introducing the Bill. “Legislative competence” means the powers the Parliament has to make law.

Crown Consent

This Bill requires Crown consent. It is expected that this consent will be signified at Stage 3.

Crown consent is a process which requires Scottish Government ministers to seek the consent of the Crown in relation to certain Bills. You can find out more in About Bills.

Financial Resolution

The Presiding Officer has decided under Rule 9.12 of Standing Orders that a financial resolution is required for this Bill.

For each Bill, the Presiding Officer must decide if a 'Financial Resolution' is required. The main reasons a Bill would need a Financial Resolution are that:

it would be likely to increase public spending significantly
it would be likely to increase taxation, or would require certain payments to be made.

If a Bill requires a Financial Resolution:

only the Scottish Government can propose it, usually at the end of Stage 1
until a Financial Resolution is agreed, Stage 2 can’t get under way.

Research on the Bill

The Scottish Parliament's Information Centre (SPICe) prepares impartial research and analysis to assist ��˿�� in their examination of Bills and other parliamentary business.

The Bill was introduced on 13 March 2024

At Stage 1, the Bill is given to a lead committee. This is usually the committee whose remit most closely relates to the subject of the Bill. The lead committee will consider and report on the Bill. Other committees may also examine the Bill and report to the lead committee. Finally, there is a debate and vote by all ��˿�� on the general principles of the Bill. If the general principles are not agreed to, then the Bill ‘falls’ and can’t become law.

Timetable for Stage 1

Stage 1 deadline

On 30 October 2024, Parliament agreed motion S6M-15074, that consideration of the Land Reform (Scotland) Bill at Stage 1 be completed by 28 March 2025.

Lead committee examines the Bill

The lead committee for this Bill is the Net Zero, Energy and Transport Committee.

The lead committee will usually examine the Bill through evidence sessions. This will involve contributions from individuals and organisations, known as 'witnesses', with knowledge of the subject matter. The committee might also discuss the Bill in private sessions.

Call for views (closed)

The Net Zero, Energy and Transport Committee held a call for views to help inform its examination of the Bill.

The call for views closed on 21 May 2024.