Land Reform (Scotland) Act 2003
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Land Reform (Scotland) Act 2003
The Land Reform (Scotland) Act 2003 is an Act of the Scottish Parliament which establishes statutory public rights of access to land and makes provisions under which bodies representing rural and crofting communities may buy land. Provisions The 2003 Act includes three main provisions: the creation of a legal framework for land access, the community right to buy, and the crofting community right to buy. The first part of the act codifies into Scots law the right to universal access to land in Scotland. The act specifically establishes a right to be on land for recreational, educational and certain other purposes and a right to cross land. The rights exist only if they are exercised responsibly, as specified in the Scottish Outdoor Access Code. Access rights apply to any non-motorised activities, including walking, cycling, horse-riding and wild camping. They also allow access on inland water for canoeing, rowing, sailing and swimming. The second part of the act establishes t ...
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Freedom To Roam
The freedom to roam, or "everyman's right", is the general public's right to access certain public or privately owned land, lakes, and rivers for recreation and exercise. The right is sometimes called the right of public access to the wilderness or the "right to roam". In Scotland, Finland, Iceland, Norway, Sweden, Estonia, Latvia, Lithuania, Belarus, Austria, Czech Republic and Switzerland, the freedom to roam takes the form of general public rights which are sometimes codified in law. The access is ancient in parts of Northern Europe and has been regarded as sufficiently basic that it was not formalised in law until modern times. However, the right usually does not include any substantial economic exploitation, such as hunting or logging, or disruptive activities, such as making fires and driving offroad vehicles. In countries without such general rights, there may be a network of rights of way, or some nature reserves with footpaths. Europe Nordic countries Ancient traces p ...
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Community Empowerment (Scotland) Act 2015
The Community Empowerment (Scotland) Act 2015 is an Act of the Scottish Parliament. The act is notable for expanding the Community Right to Buy established by the Land Reform (Scotland) Act 2003 to include urban communities and for introducing new powers for Scottish Ministers to compel owners of abandoned or neglected to land to interested community bodies. Provisions Provisions of the act are spread over eleven parts, covering different areas relating to community empowerment and public participation in policy and planning. This content is available under th Open Government Licence v3.0 © Crown copyright. Part 1, National Outcomes, requires Scottish Ministers to continue the existing practice of setting national outcomes for Scotland, to which public authorities, people and organisations are to have regard when carrying out public functions. Ministers must regularly report progress toward them and to review them at least every five years. Part 2, Community Planning, creates ...
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Land Reform (Scotland) Act 2016
The Land Reform (Scotland) Act 2016 is an Act of the Scottish Parliament which continues the process of land reform in Scotland following the Community Empowerment (Scotland) Act 2015. It is notable for granting Scottish ministers the power to force the sale of private land to community bodies to further sustainable development in the absence of a willing seller. Provisions Under the provisions of the Act there is to be a ‘Land Rights and Responsibilities Statement’, setting out the Scottish Government's objectives for land reform, a Scottish Land Commission is to take forward the land reform process, preparing a strategic plan, for the approval of Scottish ministers. One of the new land commissioners is to be a Tenant Farming Commissioner who must be neither an agricultural landlord nor a tenant but who is to be responsible for reviewing issues relating to tenant farming. A further provision is the creation of the Community Right to Buy for Sustainable Development. This per ...
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Act Of The Scottish Parliament
An Act of the Scottish Parliament ( gd, Achd Pàrlamaid na h-Alba) is primary legislation made by the Scottish Parliament. The power to create Acts was conferred to the Parliament by section 28 of the Scotland Act 1998 following the successful 1997 referendum on devolution. Prior to the establishment of the Parliament under the 1998 Act, all post-union laws specific to Scotland were passed at the Westminster Parliament. Although the Westminster Parliament has retained the ability to legislate for Scotland, by convention it does not do so without the consent of the Scottish Parliament. Since the passing of the 1998 Act, the Westminster Parliament has passed five public general acts that apply only to Scotland. A draft Act is known as a Bill. Once it is passed by the Scottish Parliament and receives royal assent, the Bill becomes an Act and is then a part of Scots Law. Classification of legislation Public Bills A Public Bill is a Bill which is introduced by a Membe ...
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Crofting
Crofting is a form of land tenure and small-scale food production particular to the Scottish Highlands, the islands of Scotland, and formerly on the Isle of Man. Within the 19th century townships, individual crofts were established on the better land, and a large area of poorer-quality hill ground was shared by all the crofters of the township for grazing of their livestock. Practice Crofting is a traditional social system in Scotland defined by small-scale food production. Crofting is characterised by its common working communities, or "townships". Individual crofts are typically established on of in-bye for better quality forage, arable and vegetable production. Each township manages poorer-quality hill ground as common grazing for cattle and sheep. Land use in the crofting counties is constrained by climate, soils, and topography. Since the late 20th century, the government has classified virtually all of the agricultural land in the Highlands and Islands as Severely Dis ...
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Community Ownership
Community-Managed assets or organizations are those that are owned and controlled through some representative mechanisms that allow a community to influence their operation or use and to enjoy the benefits arising. Benefits of ownership in infrastructure projects such as dams and irrigation are claimed to include increased responsiveness to needs of that community and the community valuing the projects more highly. Community land buyouts Communities can sometimes buy the land they live on and manage them through locally-run trusts. There are many examples of this in Scotland including Eigg, Assynt and Ulva. Community owned enterprises In Saranac Lake, New York, after the local Ames Department Store closed due to bankruptcy and residents were forced to travel 50 miles to Plattsburgh for staples, the town was approached by Walmart which offered to build a 250,000 square foot supercenter, but it was felt by the community that Walmart would negatively impact local business and increas ...
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Scots Law
Scots law () is the legal system of Scotland. It is a hybrid or mixed legal system containing civil law and common law elements, that traces its roots to a number of different historical sources. Together with English law and Northern Ireland law, it is one of the three legal systems of the United Kingdom.Stair, General Legal Concepts (Reissue), para. 4 (Online) Retrieved 2011-11-29 Early Scots law before the 12th century consisted of the different legal traditions of the various cultural groups who inhabited the country at the time, the Gaels in most of the country, with the Britons and Anglo-Saxons in some districts south of the Forth and with the Norse in the islands and north of the River Oykel. The introduction of feudalism from the 12th century and the expansion of the Kingdom of Scotland established the modern roots of Scots law, which was gradually influenced by other, especially Anglo-Norman and continental legal traditions. Although there was some indirect Roman la ...
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Scottish Outdoor Access Code
The Scottish Outdoor Access Code provides detailed guidance on the exercise of the ancient tradition of universal access to land in Scotland, which was formally codified by the Land Reform (Scotland) Act 2003. Under Scots law everyone has the right to be on most land and inland water for recreation, education and going from place to place providing they act responsibly. The basis of access rights in Scotland is one of shared responsibilities, in that those exercising such rights have to act responsibly, whilst landowners and managers have a reciprocal responsibility to respect the interests of those who exercise their rights. The code provides detailed guidance on these responsibilities. Access rights apply to most land regardless of whether it is owned by the state, private individuals, companies, or voluntary and charitable bodies. The rights covers any non-motorised activity, including walking, cycling, horse-riding and wild camping, and also allow access on inland water for c ...
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Croft (land)
A croft is a fenced or enclosed area of land, usually small and arable, and usually, but not always, with a crofter's dwelling thereon. A crofter is one who has tenure and use of the land, typically as a tenant farmer, especially in rural areas. Etymology The word ''croft'' is West Germanic in etymology and is now most familiar in Scotland, most crofts being in the Highlands and Islands area. Elsewhere the expression is generally archaic. In Scottish Gaelic, it is rendered (, plural ). Legislation in Scotland The Scottish croft is a small agricultural landholding of a type that has been subject to special legislation applying to the Scottish Highlands since 1886. The legislation was largely a response to the complaints and demands of tenant families who were victims of the Highland Clearances. The modern crofters or tenants appear very little in evidence before the beginning of the 18th century. They were tenants at will underneath the tacksman and wadsetters, but practi ...
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Land Reform In Scotland
Land reform in Scotland is the ongoing process by which the ownership of land, its distribution and the law which governs it is modified, Land reform, reformed and modernised by Property law, property and Regulatory law, regulatory law. Land ownership in Scotland Scotland's land issues are rooted in two processes that happened in the 18th and 19th centuries, especially in the Scottish Highlands: * Enclosures: landlords took control of the common lands under their regime, made them their private property, and excluded their tenants from using them. * Highland Clearances: many landlords forcibly evicted their tenant farmers from their lands, in order to use their lands for more profitable businesses. Other Gaels were transplanted to smaller plots on less productive land, or forced to leave by increasing rents. The Clearances created strong anti-landlord sentiments among the displaced and remaining inhabitants. * A result of these processes was a severe concentration of land owners ...
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Acts Of The Scottish Parliament 2003
The Acts of the Apostles ( grc-koi, Πράξεις Ἀποστόλων, ''Práxeis Apostólōn''; la, Actūs Apostolōrum) is the fifth book of the New Testament; it tells of the founding of the Christian Church and the spread of its message to the Roman Empire. It gives an account of the ministry and activity of Christ's apostles in Jerusalem and other regions, after Christ's death, resurrection, and ascension. Acts and the Gospel of Luke make up a two-part work, Luke–Acts, by the same anonymous author. It is usually dated to around 80–90 AD, although some scholars suggest 90–110. The first part, the Gospel of Luke, tells how God fulfilled his plan for the world's salvation through the life, death, and resurrection of Jesus of Nazareth. Acts continues the story of Christianity in the 1st century, beginning with the ascension of Jesus to Heaven. The early chapters, set in Jerusalem, describe the Day of Pentecost (the coming of the Holy Spirit) and the growth of the chur ...
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Scottish Culture
The culture of Scotland refers to the patterns of human activity and symbolism associated with Scotland and the Scottish people. The Scottish flag is blue with a white saltire, and represents the cross of Saint Andrew. Scots law Scotland retains Scots Law, its own unique legal system, based on Roman law, which combines features of both civil law and common law. The terms of union with England specified the retention of separate systems. The barristers are called advocates, and the judges of the high court for civil cases are also the judges for the high court for criminal cases. Scots Law differs from England's common law system. Formerly, there were several regional law systems in Scotland, one of which was Udal Law (also called ''allodail'' or ''odal law'') in Shetland and Orkney. This was a direct descendant of Old Norse Law, but was abolished in 1611. Despite this, Scottish courts have acknowledged the supremacy of udal law in some property cases as recently as the 1990s. V ...
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