Land Reform (Scotland) Bill: equality impact assessment

Recommendations and Conclusion

The Land Reform consultation highlighted the benefit that many rural communities could gain from the acquisition of relatively modest sites/land parcels (i.e., not all communities aspire to acquire extensive parcels of land). As a result, the provisions on pre-notification were extended to include the transfer of any portion of a parcel of land that meets the threshold. This provision will have the effect of preventing any off-market sales of properties that are in scope for this measure.

During the land reform consultation there was some criticism that existing Community Right to Buy (CRTB) procedures were quite challenging for communities to use. Some of this related to the difficulties often experienced by community groups in obtaining information related to title. For example, the identification of the precise boundaries of the land, or the correct name of the owner of the title of land that they may seek to buy using CRTB provisions. The pre-notification requirement in the Bill will place additional responsibilities on the owner to make available such information to community bodies who seek to register an interest and apply to exercise the CRTB. A wider review of CRTB is also taking place (separate to the Bill), which aims to address these issues.

In response to the small landholdings consultation, one organisation stated that the proposed changes could have a negative impact on those with protected characteristics by leading to a loss of small landholding tenancies out-with crofting areas, restricting opportunities for greater diversity in the small-scale agricultural sector and rural areas more widely. One respondent raised concerns around the potential for discrimination in asking landlords to judge the ‘character’ of landholders, and how this may impact the relationship between landlords and tenants with protected characteristics.

The measures in the Bill support small landholdings and agricultural holdings to participate in sustainable and regenerative practices but do not limit the number of small landholding tenancies out-with the crofting areas. The Bill makes provision for the Tenant Farming Commissioner to issue a Code of Practice on the creation of small landholdings to mitigate these concerns.

We recognise that agricultural and small landholdings legislation is complex and evidence gathering for this impact assessment highlighted that around 25% of Scotland’s farmers are estimated to have dyslexia, according to research undertaken in 2014 by Dyslexia Scotland working with farming organisations. In terms of mitigations, the Tenant Farming Commissioner will produce revised guidance and codes of practice to help in the overall accessibility of legislation and clarify respective roles and responsibilities.

Monitoring and Review

RESAS regularly publishes information about the total amount of land in community ownership. It also commissions research from time to time on progress with equalities, and the experiences of groups of people with protected characteristics, in rural areas. The Scottish Land Commission, including the Land and Communities Commissioner established through this Bill, it is expected to have a role in monitoring impacts of these proposals. The SLC already undertakes a range of research on land rights, responsible land ownership and use and land markets.

Detailed proposals to monitor the impact of the measures in the Bill will be set out in implementing regulations, and further impact assessment will be carried out in respect of these.

The impact on equalities will be kept under review in discussion with the Tenant Farming Commissioner and Tenant Farming Advisory Forum.