Transfer test to become part of large rural landholding
sales.
New land reform legislation will aim to change how land is owned
and managed in our rural and island communities for the better.
The Land Reform (Scotland) Bill, introduced to Parliament today,
includes measures that will apply to large landholdings of over
1,000 hectares, prohibiting sales in certain cases until
Ministers can consider the impact on the local community. This
could lead to some landholdings being lotted into smaller parts
if that may help local communities.
It will also help to empower communities with more
opportunities to own land through introducing advance notice of
certain sales from large landholdings. Large landholdings of over
1,000 hectares represent more than 50% of Scotland’s land.
The Bill will also places legal responsibilities on the owners of
the very largest landholdings to show how they use their
land and how that use contributes to key public policy
priorities, such as addressing climate change and protecting and
restoring nature. These owners will also have to engage with
local communities about how they use the land.
The Bill includes a duty on Scottish Ministers to publish a model
Land Management Tenancy which will support people to use and
manage land in a way that meets their, and the nation’s, needs.
It also includes a number of measures to reform tenant farming
and small landholding legislation, providing more opportunities
to improve land, to become more sustainable and productive and to
ensure that tenants are fairly rewarded for their investment of
time and resources in compensation at end of tenancy.
Rural Affairs Secretary said:
“We do not think it is right that ownership and control of much
of Scotland’s land is still in the hands of relatively few
people. We want Scotland to have a strong and dynamic
relationship between its land and people.
“We want to be a nation where rights and responsibilities in
relation to land and its natural capital are fully recognised and
fulfilled. That was our aim in 2016, and it remains our aim
today.
“So, this Bill sets out ambitious proposals to allow the benefits
and opportunities of Scotland’s land to be more widely shared.
“Too often, people and communities feel powerless when the land
they live on is sold with no prior warning – this Bill will help
to change that. We will introduce measures so that more
communities are be given information and the opportunity to take
on ownership before sales from landholdings over 1,000 hectares.
“Crucially, when one of these landholdings is being sold, we want
government to have the power to step in and require that it be
sold in smaller parcels to different people if that will help to
make local populations and communities more sustainable.”
Background
Land Reform (Scotland)
Bill
Scottish Land Rights and
Responsibilities Statement 2022 – gov.scot (www.gov.scot)
The Land Reform Bill proposals introduce a prohibition on
transfer of land over 1,000 hectares where that transfer is not
exempt. In line with community right to buy legislation,
this includes transfers for nil value, transfers in pursuance of
a court order, transfers between companies in the same group and
the other transfers set out in section 40(4) of the Land Reform (Scotland) 2003
Act.
