Land Reform (Scotland) Bill: business and regulatory impact assessment

Footnotes

1 https://www.parliament.scot/bills-and-laws/bills/land-reform-scotland-bill/

2 See Rural Scotland Key Facts 2021 - gov.scot (www.gov.scot)

3 See Community Ownership in Scotland 2022 - gov.scot (www.gov.scot)

4 See Section 9 - Extent of Public Land - The land of Scotland and the common good: report - gov.scot (www.gov.scot)

5 The total Scottish agricultural area excludes common grazing land.

6 Economic Contribution of Estates in Scotland.pdf (scottishlandandestates.co.uk)

7 Unlocking sasines - Registers of Scotland (ros.gov.uk)

8 Dave Miller and Keith Matthews (2024) Analysis of Counts of Large Land Holdings in Scotland, Methodology Note, Scotland’s Land Reform Futures project (JHI-E3-1)

9 Titles have been categorized as ‘island titles’ using the National Records of Scotland: Islands dataset where the title overlaps with an NRS island geometry and does not also intersect with the mainland geometry.

10 For the purposes of the Bill, landholdings located on islands that make up more than 25% of the land area of an inhabited island and are over 1,000 ha will also fall under the LMP duty in the Bill. This means titles below 3,000 ha may also be in scope.

11 See Land Ownership Map | Who Owns Scotland

12 Integrated Administration and Control System data support schemes covered by the Single Application Form and other farm subsidy applications

13 JHI concluded that the only readily usable source of land ownership data with both land parcels and owners attributed is Who Owns Scotland.

14 SLC Rural Land Market Insights 2023 (landcommission.gov.scot)

15 “Estate” is not a land classification in terms of land registration legislation. Estates were mainly identified in the report by conducting searches of registrations for the word “estate”, and by cross-checking published market analyses.

16 See SLC Rural Land Market Insights 2023 (landcommission.gov.scot)

17 See Scotland's Rural Land Market Insights Report April 2022 (landcommission.gov.scot)

18 See SLC Rural Land Market Insights 2023 (landcommission.gov.scot)

19 Land reform in a Net Zero Nation: consultation paper - gov.scot (www.gov.scot)

20 Scottish Government, Scottish Land Rights and Responsibilities Statement 2022, September 2022.

21 Scottish Land Commission, Land Rights and Responsibilities Protocols.

22 This will be more relevant under options 3 and 4, where it is proposed that the SLC will have statutory powers to place fines on non-compliance on

23 See 643 (forestry.gov.scot)

24 Land management plans for FLS landholdings are publicly available at Land management plan consultations - Forestry and Land Scotland. It should be noted that these plans go beyond the minimum requirements expected to be required for a LMP as set out in the Bill. It should also be noted that FLS plans exist for smaller landholdings (below 3,000 ha).

25 See Aims and expectations of LDPs - Local development planning guidance - gov.scot (www.gov.scot)

26 See Tenant Farming Commissioner functions: review - gov.scot (www.gov.scot)

27 Rural Land Market Report (landcommission.gov.scot)

28 Note, the land market analysis report uses the NUTS classification (Nomenclature of territorial units for statistics) 2013. A map of precise locations of sales can be viewed in the report

29 Sales of rural land may take several months to several years currently, depending on the type of landholding and ,market demand. Although it only applies to agricultural land (and not necessarily and from a large-scale landholding), Strutt & Parker report that over 80% of the farms publicly marketed in 2021 had concluded missives or were under offer by the end of the year.

30 JRC Publications Repository - Agricultural land market regulations in the EU Member States (europa.eu)

31 Glass, J., Bryce, R., Combe, M., Hutchison, N., Price, M. F., Schulz, L., & Valero, D. E. (2018). Research on interventions to manage land markets and limit the concentration of land ownership elsewhere in the world. Scottish Land Commission. https://landcommission.gov.scot/downloads/5dd6c67b34c9e_Land-ownership-restrictions-FINAL-March-2018.pdf

32 The Final Report can be found here.

33 TFAF includes the Scottish Tenant Farming Association, Scottish Land & Estates, National Farmers Union Scotland , Scottish Agricultural Arbiters & Valuers Association, Royal Institution of Chartered Surveyors, and Agriculture Law Association.

34 It is the role of the forum to advise on the priorities for the Codes of Practice issued by the TFC, priorities for the commissioning of research and investigative studies and identifying barriers to creating a thriving tenant farming sector.

35 Scottish Land Commission, A Review of the Conduct of Agents of Agricultural Landlords and Tenants, April 2018, p.8

36 637c8f743f4a4_5ddd55dfc5654_Final-Report-on-the-Conduct-of-Agents[1].pdf (landcommission.gov.scot)

37 Scottish farm business income: annual estimates 2020-2021 - gov.scot (www.gov.scot)