The Land Reform (Scotland) Act 2003 is an
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 successfu ...
which establishes statutory public rights of access to land and makes provisions under which bodies representing rural and
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 bette ...
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
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 l ...
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 the community right to buy, allowing communities with populations of up to 10,000 to register an interest in land, entitling them to first right of refusal should the owner put the land up for sale or intend to transfer ownership, provided a representative community body can be formed to carry out the purchase.
Finally, the third part establish the crofting community right to buy which allows crofting communities to purchase
crofts and associated land from existing landowners. It differs from the community right to buy in that it can be exercised at any time, regardless of whether the land has been put on the market, allowing crofting communities to purchase land even in the absence of a willing seller.
See also
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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, reformed and modernised by property and regulatory law.
Land ownership in Scotland
Scotland's land issue ...
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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 ne ...
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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 f ...
References
External links
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{{UK legislation
Acts of the Scottish Parliament 2003
Land reform in Scotland
Scottish culture
Outdoor recreation in Scotland
Scottish coast and countryside
Crofting