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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 1

Introduced: the Bill and its documents

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 Scottish Government’s Vision for Agriculture and its ambition to “become a global leader in sustainable and regenerative agriculture”.

Bill as Introduced

Land Reform (Scotland) Bill as introduced (6MB, pdf) posted 13 March 2024

Accompanying Documents

Explanatory Notes (512KB, pdf) posted 14 March 2024

Policy Memorandum (496KB, pdf) posted 14 March 2024

Financial Memorandum (619KB, pdf) posted 14 March 2024

Delegated Powers Memorandum (468KB, pdf) posted 14 March 2024

Statements on legislative competence (109KB, pdf) posted 14 March 2024

Accompanying Documents (print versions)

Explanatory Notes (595KB, pdf) posted 13 March 2024

Policy Memorandum (674KB, pdf) posted 13 March 2024

Financial Memorandum (932KB, pdf) posted 13 March 2024

Delegated Powers Memorandum (456KB, pdf) posted 13 March 2024

Statements on legislative competence (159KB, pdf) posted 13 March 2024

Crown Consent

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

Financial Resolution

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

Research on the Bill

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

Research briefing on the Land Reform (Scotland) Bill

The Bill was introduced on 13 March 2024

Stage 1: general principles

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 MSPs on the general principles of the Bill. If the general principles are not agreed to, then the Bill ‘falls’ and can’t become law.

Lead committee examines the Bill

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

Call for views (closed)

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

Read the call for views

The call for views closed on 21 May 2024.

Meetings

Correspondence: lead committee

Stage 2 Government amendments to Part 2 of the Land Reform (Scotland) Bill

Letter from Cabinet Secretary for Rural Affairs, Land Reform and Islands, 26 July 2024

SLC follow up to evidence session on Land Reform (Scotland) Bill

Letter from Scottish Land Commission, 27 June 2024

Further information following the informal Scottish Government briefing on the Land Reform Bill

Letter from the Cabinet Secretary for Rural Affairs, Land Reform and Islands, 14 May 2024

Land Reform (Scotland) Bill: Scottish Government view on protected subject-matter

Letter from the Minister for Parliamentary Business, 28 March 2024

See a full list of Stage 1 correspondence

Stage 1 report by the lead committee

The lead committee will publish its Stage 1 report before the debate on the general principles of the Bill.

Work by other committees

Delegated Powers and Law Reform Committee

Meetings

Delegated Powers and Law Reform Committee Correspondence

Scottish Government response on the Land Reform (Scotland) Bill

Letter from the Cabinet Secretary for Rural Affairs, Land Reform and Islands to the Convener, 26 September 2024

Land Reform (Scotland) Bill

Letter to the Cabinet Secretary for Rural Affairs, Land Reform and Islands from the Convener, 18 September 2024

Letter from the Scottish Land & Estates on the Scottish Governments response on the Land Reform (Scotland) Bill

Letter from the Scottish Land & Estates to the Convener, 14 August 2024

Land Reform (Scotland) Bill response from the Scottish Government

Letter from the Cabinet Secretary for Rural Affairs, Land Reform and Islands to the Convener, 31 July 2024

Land Reform (Scotland) Bill

Letter from the Convener to the Cabinet Secretary for Rural Affairs, Land Reform and Islands, 21 June 2024

See a full list of Stage 1 correspondence


Finance and Public Administration Committee