Royal Arms Land Reform (Scotland) Act 2003

2003 asp 2


 

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Land Reform (Scotland) Act 2003

2003 asp 2

 
 
 
CONTENTS

PART 1
ACCESS RIGHTS
CHAPTER 1
NATURE AND EXTENT OF ACCESS RIGHTS
Section 
1Access rights
2Access rights to be exercised responsibly
3Reciprocal obligations of owners
4Modification of sections 9, 14 and 23
5Access rights, reciprocal obligations and other rules and rights

CHAPTER 2
NATURE AND EXTENT OF ACCESS RIGHTS: FURTHER PROVISIONS
6Land over which access rights not exercisable
7Provisions supplementing and qualifying section 6
8Adjustment of land excluded from access rights
9Conduct excluded from access rights

CHAPTER 3
THE SCOTTISH OUTDOOR ACCESS CODE
10The Scottish Outdoor Access Code

CHAPTER 4
REGULATION AND PROTECTION OF ACCESS RIGHTS
11Power to exempt particular land from access rights
12Byelaws in relation to land over which access rights are exercisable

CHAPTER 5
LOCAL AUTHORITY FUNCTIONS: ACCESS AND OTHER RIGHTS
13Duty of local authority to uphold access rights
14Prohibition signs, obstructions, dangerous impediments etc.
15Measures for safety, protection, guidance and assistance
16Acquisition by local authority of land to enable or facilitate exercise of access rights
17Core paths plan
18Core paths plan: further procedure
19Power to maintain core paths etc.
20Review and amendment of core paths plan
21Delineation by agreement of paths in land in respect of which access rights exercisable
22Compulsory powers to delineate paths in land in respect of which access rights exercisable
23Ploughing etc.
24Rangers
25Local access forums
26Power of entry
27Guidance

CHAPTER 6
GENERAL AND MISCELLANEOUS PROVISIONS
28Judicial determination of existence and extent of access rights and rights of way
29Powers to protect natural and cultural heritage etc.
30Existing byelaws providing for public access to land
31Application of sections 14 and 15 to rights of way
32Interpretation of Part 1

PART 2
THE COMMUNITY RIGHT TO BUY
CHAPTER 1
GENERAL EXTENT OF COMMUNITY RIGHT TO BUY
33Registrable land
34Community bodies
35Provisions supplementary to section 34
36Register of Community Interests in Land

CHAPTER 2
REGISTRATION OF INTERESTS
37Registration of interest in land
38Criteria for registration
39Procedure for late applications
40Effect of registration
41Provisions supplementary to and explanatory of section 40
42Power to modify sections 40(4) and (5) and 41
43Anti-avoidance provisions
44Duration and renewal of registration
45Deletion of community interest in land
46Re-registration of community interest

CHAPTER 3
ACTIVATION OF RIGHT TO BUY
47Activation of right to buy
48Duties on owner, or creditor, proposing to transfer land
49Procedure following receipt of notice under section 48
50Power to activate right to buy land where breach of this Part

CHAPTER 4
PROCEDURE AFTER ACTIVATION OF RIGHT TO BUY
51Exercise of right to buy: approval of community and consent of Ministers
52Ballot procedure
53Provisions supplementary to section 51: salmon fishings and minerals
54Declinature or extinction of right to buy
55Right to buy same land exercisable by only one community body
56Procedure for buying
57Powers of Lands Tribunal in event of failure or delay
58Procedure where right to buy activated by virtue of notice under section 50(3)

CHAPTER 5
VALUATION OF LAND
59Assessment of value of land
60Procedure for valuation

CHAPTER 6
APPEALS
61Appeals
62Appeals to Lands Tribunal: valuation
63Compensation
64Compensation appeals

CHAPTER 7
GENERAL AND MISCELLANEOUS PROVISIONS
65Effect of right to buy on other rights
66Amendment of Land Registration (Scotland) Act 1979
67Construction of references to land in which community interest registered

PART 3
THE CROFTING COMMUNITY RIGHT TO BUY
CHAPTER 1
GENERAL EXTENT OF CROFTING COMMUNITY RIGHT TO BUY
68Land which may be bought: eligible croft land
69Land which may be bought: salmon fishings and mineral rights
70Land which may be bought in addition to eligible croft land
71Crofting community bodies
72Provisions supplementary to section 71

CHAPTER 2
EXERCISE OF RIGHT TO BUY
73Application by crofting community body for consent to buy croft land etc.
74Criteria for consent by Ministers
75Ballot to indicate approval for purposes of section 74(1)(m)
76Right to buy same croft land exercisable by only one crofting community body
77Reference to Land Court of purchase of eligible additional land without owner's consent
78Modification of section 77(3)(a) to (e)
79Additional land included at request of owner
80Consent conditions
81Reference to Land Court of questions on applications
82Notification of Ministers' decision on application
83Leaseback to owner of sporting interests
84Effect on other rights of Ministers' decision on right to buy
85Confirmation of intention to proceed with purchase and withdrawal
86Completion of purchase
87Completion of transfer

CHAPTER 3
VALUATION OF CROFT LAND
88Assessment of value of croft land etc.
89Compensation
90Grants towards crofting community bodies' liabilities to pay compensation

CHAPTER 4
APPEALS
91Appeals
92Appeals to Land Court: valuation
93Agreement as to matters referred or appealed

CHAPTER 5
GENERAL AND MISCELLANEOUS PROVISIONS
94Register of Crofting Community Rights to Buy
95Avoidance of disposal other than to crofting community body
96Limitation on effect of this Part
97Scottish Land Court

PART 4
GENERAL AND SUPPLEMENTARY
98General and supplementary provisions
99Amendments, repeals and savings
100Short title, Crown application and commencement
 

 
    Schedule 1-Path orders
    Schedule 2-Amendment and repeal of enactment
 


  continue
 
 
 
 

Explanatory Note
 
 
 
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Prepared 5 March 2003