Chamber and committees

This provision is to protect the interests of small groups of people whose activities and property would be affected by an application but who are not necessarily a party to the application. For example, it would protect the interests of an individual crofting township where an application is made in respect of a wider area of croft land which includes their land. Conversely it could also protect interests outwith the area of land covered by the application where a change in the ownership of the land covered by the application would have an adverse impact on them.

Salmon fishings which are "eligible croft land" for the purposes of section 67(4)(b) of the Land Reform (Scotland) Bill are those defined as such by section 65(2)(d) of that bill.

None. Such arrangements may enable those who currently control and manage the fishings to continue to do so. The crofting community may still be able to purchase the salmon fishings and if they do so may benefit as owners from any revenues to be derived in the form of rent etc. from such arrangements.

There has been no such research undertaken or commissioned by the Scottish Executive.

This is not a right which we would expect crofting communities to attempt to exercise frequently, but it will be there if they want it. It will also help to ensure that in future all landowners in the Highlands and Islands have a proper regard for the interests, needs and sustainable development of the fragile crofting communities in which their properties are located.

The definition of "inland waters" in part 1 of the Land Reform (Scotland) Bill does not apply to part 3.

The crofting community right to buy is intended to support the sustainable development of fragile crofting communities and has been created because we believe this is the only way to ensure the future of some communities. It is a means of removing a land based barrier to rural development.An application by a crofting community body to exercise the right to buy salmon fishings will not succeed unless the proposed acquisition will deliver sustainable development and be in the public interest. Each application will be considered on its merits and with reference to the criteria which ministers must take into account in reaching a decision. An application would not be considered to be in the public interest if granting that application would result in severe detriment to the sustainable development of other land. However, if a successful application results in severance and depreciation of other property section 85(6)(a)(ii) of the bill provides that the price paid should take account of this. It is, of course, also open to any owner of salmon fishings to seek to avoid problems of severance by negotiating a sale of all of his/her property to the crofting community.

The right to buy extends only to land which consists of salmon fishings as defined in section 65(2)(d). Where existing arrangements such as leases, timeshare or syndications are binding on the present owner, these arrangements will be binding on the new owner. Timeshare or syndication arrangements which constitute joint or common ownership would in theory be susceptible to purchase through the provisions of section 70(4). However, it may prove difficult to demonstrate that the purchase of fishings held under such arrangements would lead to sustainable development or be in the public interest. Furthermore, in many cases affordability is likely to be an issue for crofting community bodies. There is also a specific protection for tenancies in section 67(5).

As with any other crofting community right to buy application, an application for a right to buy salmon fishings would be required to include the information specified in section 70(5)(e), (f) and (g) of the bill and to succeed such an application must also meet criteria specified in section 71(1)(j), (k), (l) and (o). I am sure these requirements could not be successfully met without demonstrating how the on-going management of the salmon fishings is to be funded.

The objective of land reform is to remove land-based barriers to the sustainable development of rural communities. It is not expected that crofting communities will wish to exercise the crofting community right to buy unless the current ownership has proved to be just such a land based barrier. An application by a crofting community body to exercise the right to buy land will not succeed unless the proposed acquisition will deliver sustainable development and be in the public interest. Each application will be considered on its merits and with reference to the criteria which ministers must take into account in reaching a decision. An application would not be considered to be in the public interest if granting that application would result in severe detriment to the sustainable development of other land. It is, of course, open to any landowner to seek to avoid problems of severance by either utilising the provisions of section 76 of the bill or negotiating a sale of his/her property to the crofting community. In addition, if a successful application results in severance and depreciation of other property, section 85(6)(a)(ii) of the bill provides that the price paid should take account of this.