Tenant Farming Commissioner functions: review

1. Introduction

This report is a statutory review of the functions of the Tenant Farming Commissioner. The office of Tenant Farming Commissioner was established by the Land Reform (Scotland) Act 2016 which took effect on 1 April 2017. It was established with the policy aim of improving relations between landlords and tenants. The first, and current, officeholder is Dr Bob McIntosh.

Section 24 (1) of the Act comprises a list of specific functions of the Tenant Farming Commissioner. These include: preparing and promoting codes of practice for tenanted agricultural holdings and making inquiries into, and reporting on, breaches of these codes. The Commissioner's functions must be carried out in a way which encourages 'good relations between landlords and tenants of agricultural holdings'. Six codes of practice, eleven guides, and two reviews have been produced and a Tenant Farming Advisory Forum established.

Section 24 (3) of the Land Reform (Scotland) Act 2016 states that Scottish Ministers must 'review the Tenant Farming Commissioner's functions before the end of the period of 3 years' from which the Act took effect and 'publish the findings of the review as soon as practicable'.

Section 24 (4) states that when carrying out the review, Scottish minsters must:

1. Invite the Tenant Farming Commissioner to give views on the operation of the Commissioner's functions and, in particular, on whether the Commissioner's powers are sufficient in relation to the Commissioner's duties;

2. Invite such other persons appearing to Ministers to have an interest in the Commissioner's functions to give views on the operation of those functions, and;

3. Have regard to any such views.

Section 24 (5) states that following the review, the Scottish Ministers may:

1. Amend the functions of the Tenant Farming Commissioner;

2. Remove functions from the Tenant Farming Commissioner; and

3. Confer new functions on the Tenant Farming Commissioner.

In order to support Scottish Ministers in executing their duties under Section 24 of the Act, this report reviews the functions of the Tenant Farming Commissioner. In accordance with the Act, the report outlines the views of the Tenant Farming Commissioner and other stakeholders, and makes recommendations on the functions of the Tenant Farming Commissioner.