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21/01/2025

SLC Proposes Key Changes To Strengthen Land Reform Bill

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The Scottish Land Commission has proposed key changes to the Land Reform Bill, currently under consideration by the Scottish Parliament, to ensure it effectively addresses the impacts of concentrated land ownership.

Building upon its previous evidence submitted to the Parliamentary committee, the Commission has outlined recommendations to simplify and strengthen the Bill's provisions.

The Land Reform Bill introduces measures to increase transparency, widen ownership opportunities, and regulate large landholdings in the public interest, including:

• Land Management Plans: Requiring greater transparency and community engagement through the implementation of Land Management Plans. 

• Prior Notification: Ending private off-market sales of large landholdings through a prior notification system. 

• Scrutiny of Land Sales: Introducing scrutiny of large landholding sales with the power to require land to be sold in lots. 

The Commission's recommendations include:

• Unified Threshold: Setting a consistent 1,000-hectare threshold for all proposed measures, simplifying the application of the legislation.
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• Simplified Prior Notification: Introducing a single 90-day notice period for all land sales, with exemptions for small transactions and a decentralised local notification system.

• Enhanced Community Involvement: Ensuring a wider range of public bodies and community councils are involved in ensuring the accountability of Land Management Plans.

• Strengthened Transfer Test: Focusing the Transfer Test explicitly on public interest considerations, enabling strategic public sector land acquisition for housing, community ownership, farming, and other opportunities.

These recommendations aim to ensure the Land Reform Bill effectively addresses the challenges of concentrated land ownership and delivers on the Scottish Government's objectives.

Hamish Trench, Chief Executive of the Scottish Land Commission, commented: "The Land Reform Bill is a significant step in addressing Scotland’s long-standing challenges with concentrated land ownership. For too long, the imbalance of power created by concentrated ownership has limited opportunities for some communities, businesses, and individuals to influence and benefit from how land is managed and used. This Bill introduces measures to increase transparency, regulate land sales, and ensure land is owned and managed in ways that benefit the wider public.

"Our recommendations aim to ensure the Bill delivers on its ambitions by making its provisions stronger, simpler, and easier to implement. With these changes, Scotland can move towards a fairer, more productive system of land ownership that is regulated in the public interest, moving Scotland closer to normal international practice in land governance."

The Land Reform Bill is currently being considered at Stage 1 in the Scottish Parliament. The Scottish Land Commission is providing advice to the Scottish Government and to inform parliamentary consideration, to support the development and implementation of an effective Land Reform Bill. The Commission will continue to advise on this alongside its work on a wider programme of reforms.

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