Skip to Main Content
Lawyers in Edinburgh
Solicitors in Edinburgh
Family Solicitors/Lawyers in Edinburgh

Latest news and insights

Immigration changes – The impact on rural businesses

Fraser Vandal discusses changes to the UK's work visa rules and how these changes will impact rural businesses.

Long awaited Housing Bill introduced to Scottish Parliament

The long- awaited Housing (Scotland) Bill was introduced to the Scottish Parliament on 26 March 2024.

Land Reform (Scotland) Bill introduced March 2024

An overview of the content in Part 1 & 2 of the Land Reform (Scotland) Bill introduced to Parliament on 13 March 2024.

Latest news and insights

13 May 2024 | Time to read: 5 mins

Immigration changes – The impact on rural businesses

By Fraser Vandal

Fraser Vandal discusses changes to the UK's work visa rules and how these changes will impact rural businesses.

13 May 2024 | Time to read: 5 mins

Long awaited Housing Bill introduced to Scottish Parliament

By Stephen Gamba

The long- awaited Housing (Scotland) Bill was introduced to the Scottish Parliament on 26 March 2024.

05 April 2024 | Time to read: 3 mins

Land Reform (Scotland) Bill introduced March 2024

By Robert Scott-Dempster

An overview of the content in Part 1 & 2 of the Land Reform (Scotland) Bill introduced to Parliament on 13 March 2024.

05 April 2024 | Time to read: 3 mins

Gillespie Macandrew announced as Great Glen 2024 sponsor

By Lois Newton

Gillespie Macandrew is delighted to announce its sponsorship of the RSABI Great Glen Challenge 2024.

Land Reform (Scotland) Bill introduced March 2024

Published: 05 April 2024
Time to read: 3 mins

The latest Land Reform (Scotland) Bill was introduced to Parliament on 13 March 2024. It is a substantial tome which builds on earlier Land Reform Acts and introduces significant amendments to the Agricultural Holdings legislation.

The proposed new legislation is complex and will take time for parties to get to grips with in order to come forward with proposed amendments.  It is anticipated that the parliamentary process may take up to a year and it is likely there will be delayed implementation of certain parts of the Act, not least because secondary legislation is required in several areas.

The Bill is split into two parts:

Part 1 – Large Land Holdings: Management and Transfer of Ownership

The key elements of Part 1 of the Bill are:

    1. Large Landholdings – Management

  • Imposition of community engagement obligations and requirement to publish a management plan on all landholdings of 3000+ ha on the mainland or 1000+ ha and > 25% of land area on inhabited islands.
  • A new role of Land and Communities Commissioner (LCC) to investigate alleged breaches of management obligations, with the power to require information and issue fines.

   2. Large Landholdings – Transfers of Ownership

  • Owners of land that is, or forms part of, a landholding of 1000+ ha are prohibited from transferring or taking any action with view to transfer until the prohibition is lifted by Ministers to allow time for a late registration by Community bodies.

3. Large Landholdings – Lotting of Land

  • Transfers of land of 1000+ ha will require a lotting decision from Ministers and will need to comply with the lotting decision in order to complete the transfer.

We have prepared a detailed summary of Part 1 of the bill – Land Landholdings: Management and Transfer of Ownership at the link below.

Land Reform Part 1

 

Part 2 – Leasing Land

The key elements of Part 2 of the Bill are:

   1. Model Lease for Environmental Purposes

  • A new form of lease is to be introduced by secondary legislation to allow land to be leased for the purpose of environmental land management.  ​

   2. Small Landholdings

  • This contains a number of provisions to bring Small Land Holdings more into line with the rest of agricultural holdings legislation and under the remit of the Tenant Farming Commissioner.

   3. Agricultural Holdings

  • The Bill introduces a number of provisions to enhance the position for agricultural tenants in the context of improvements, diversification and environmental land management as well as compensation due on resumption or waygo and a wider basis for compensation for game damage. There is also a new rent review regime to allow additional factors to be taken into account.

We have prepared a detailed summary of Part 2 of the Bill – Leasing Land at the link below.

Land Reform Part 2

We will be conducting a more detailed consideration of the specific provisions to assist and inform parties’ responses. We will also continue to monitor progress and provide further updates on the Land Reform (Scotland) Bill when suitable.

You can view the Land Reform (Scotland) Bill in full at the link here.

If you have any questions about the Land Reform (Scotland) Bill, please do get in touch with a member of our Land & Rural Business team. 

Go Back

SUBSCRIBE

To receive regular updates like this one, you can sign up to our bulletins, and we will provide updates on the issues that matter to you.

SUBSCRIBE NOW

Get in touch

Contact us to find out how we can help you.

Get in touch

Lawyers in Edinburgh
Solicitors in Edinburgh
Family Solicitors/Lawyers in Edinburgh

Find a lawyer

If you are looking for a specific member of our team, you can search for them by their name here. You can also search for your regular contact by their area of expertise using the buttons below.

Visit the ‘Our People’ page for more ways to search if you can’t find who you’re looking for.