Land Reform-where are we now?

Similar documents
COMMUNITY EMPOWERMENT (SCOTLAND) BILL [AS AMENDED AT STAGE 2]

WHISTLEBLOWING: Legislative changes, possible reforms and case law update. Euan Smith

Challenges faced and practical techniques for managing a dispersed or virtual team

Health and Safety Legal Update. Laura Cameron

Big Data for Mutuals. Marc Dautlich 25 November 2013

ENA SHE12 Major Incident H&S Aspects a Lawyer s perspective. Kevin Bridges Partner and Chartered Safety and Health Practitioner

VORTRAGSREIHE. Transfer of Undertakings and Restructuring A View from both Sides of the Channel

Advice Note. An overview of civil proceedings in England. Introduction

BIG DATA. WHAT S YOUR STRATEGY?

The Most Innovative Law Firm in Europe. Corporate Seminar programme 2016

Financial Regulation. Consultation Paper 13/13: The FCA s regulatory approach to crowdfunding (and similar activities) November 2013

Financial Regulation: An overview of the FCA s proposal of the new Consumer Credit regime October 2013

Land Reform (Scotland) Bill [AS INTRODUCED]

Community Empowerment (Scotland) Bill

Theft, Fraud & Dishonest Employees. An Employee Fraud Case Study. Presented by Jon Coley, Partner, Employment

Land Reform (Scotland) Bill [AS AMENDED AT STAGE 2]

A Short Guide to: The New Public Contracts Regulations 2015

LEGISLATIVE CONSENT MEMORANDUM CARE BILL. 1. The draft motion, which will be lodged by the Cabinet Secretary for Health and Wellbeing, is:

Shared Services Toolkit

Corporate Governance. The benefits of good practice for private companies in the GCC February 2013

Supply Chain Opportunities and Management of Risk. Ian McCarlie

Draft Deregulation Bill The Law Society of Scotland s response September 2013

UK Services for Multinational Employers

Key Risks in Health & Safety - UK

2015 No DEREGULATION. The Deregulation Act 2015 (Insolvency) (Consequential Amendments and Transitional and Savings Provisions) Order 2015

Energy Act 2011 CHAPTER 1 CONTENTS PART 1 ENERGY EFFICIENCY GREEN DEAL

Standard conditions of the Electricity Distribution Licence

The Smoke and Carbon Monoxide Alarm (England) Regulations 2015

FOR CONSULTATION PURPOSES ONLY. November working draft text for The Electricity and Gas (Energy Companies Obligation) Order

House Sales incorporating Equity Sharing. A Tenant s Guide

A guide to investing. Appendix 10 Choice of business entity

Standard conditions of the Electricity Distribution Licence

- 2 - Q2. How effective and influential is the community engagement currently taking place with Community Planning?

2011 No TOWN AND COUNTRY PLANNING. The Town and Country Planning (Environmental Impact Assessment) Regulations 2011

Pinsent Masons. Competition Law Dawn Raid Checklist & Guidelines. What to do in the first hour of a dawn raid

FACTORING POLICY. This policy sets out the scope of and management arrangements for the Association s Factoring Service.

A trusted guide, counsel and expert for the things that matter over a lifetime.

HOUSING CORPORATION. Guide to the Right to Ac quire

Community Housing Providers (Adoption of National Law) Bill 2012

Fyne Homes Ltd. Common Factoring Policy

New UAE Commercial Companies Law: Legal reforms to strengthen the legal and regulatory landscape of doing business in the UAE

SCOTTISH EXECUTIVE Development Department PLANNING. Removal of Legal Impediments to E-Planning. Consultation Paper

2015 No PROFESSIONAL QUALIFICATIONS. The European Union (Recognition of Professional Qualifications) Regulations 2015

FSA paper on conflicts of interest between asset managers and their customers

Disability Discrimination Act 2005

Meat Industry (Meat Industry Levy) Regulation 2006

GUIDE TO INVESTING IN LONDON PROPERTY

Form APP2. Application. to Buy. Your Home. For landlords use only. Name. Ref. Address

China's New Company Registration Regime.

2015 No. 595 TOWN AND COUNTRY PLANNING, ENGLAND. The Town and Country Planning (Development Management Procedure) (England) Order 2015

Holyrood and Westminster who does what?

18 August Amendments to the participation exemption regime

ELECTRICITY DISTRIBUTION LICENCE: STANDARD CONDITIONS

introduction to GLSS who we are

Large Print (18 point) Holyrood and Westminster who does what?

Local Government in Scotland Act 2003

The Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Amendment Order 2015 Draft

DIRECT ACCESS RIGHT HOLDERS

Residential Tenancies Act 1995

Final Business and Regulatory Impact Assessment

Hong Kong IPO Sponsor Reforms.

RURAL AFFAIRS, CLIMATE CHANGE AND ENVIRONMENT COMMITTEE AGENDA. 5th Meeting, 2012 (Session 4) Wednesday 22 February 2012

New board pay rules are they working? Key statistics

Elements Of Scottish Legal Documents And Their Purpose

How To Make Money In Indonesia

H.M. TREASURY HELP TO BUY: ISA SCHEME RULES

COMPULSORY PURCHASE PROCESS AND COMPENSATION

Marriage (Same Sex Couples) Act 2013

Application to transfer shares in a limited liability company holding a lease or a licence over Crown Pastoral Land

Mineral, Oil and Gas Companies - Listing on SGX.

Notice claiming the Right to Buy (RTB1 form)

Scotland s Place in the Renewable Energy World

CONSENT TO LET APPLICATION FORM

Protecting Americans from Tax Hikes Act of 2015: Effects on Taxation of Investment in US Real Estate

HOW TO HANDLE A WHISTLEBLOWER REPORT IN THE EU

Corporate Reputation Management

2013 No. 233 ENVIRONMENTAL PROTECTION. The Timber and Timber Products (Placing on the Market) Regulations 2013

2012 No. 637 TOWN AND COUNTRY PLANNING, ENGLAND. The Neighbourhood Planning (General) Regulations 2012

New Supply Shared Equity Scheme Information Brochure

Energy Act 2013 CHAPTER 32. Explanatory Notes have been produced to assist in the understanding of this Act and are available separately

Schedule of Fees. for the Suffolk Life MasterSIPP. From 1 June 2015

Our Home Reversion Plan. Enjoy your retirement by unlocking the value of your home

Trading Halt Conclusions from the Hong Kong Stock Exchange s Consultation

Directors and Officers Liability Insurance Proposal Form

Wales Bill EXPLANATORY NOTES. Explanatory notes to the Bill, prepared by the Wales Office, are published separately as Bill 5 EN.

Knowhow briefs The Brussels regulation at a glance

Health Administration Act 1982 No 135

Major Changes Introduced by the New Companies Ordinance Companies Limited by Guarantee 1

2015 No LANDLORD AND TENANT, ENGLAND. The Assured Shorthold Tenancy Notices and Prescribed Requirements (England) Regulations 2015

Appendix 1 Legislation administered by our department

Guidance to Licensing Authorities 3rd Edition

Connectivity in the Automotive Sector

Health and Social Care Act 2012

MAJOR INFRASTRUCTURE DEVELOPMENT APPROVALS AMENDMENT BILL 2003

2015 No PUBLIC SECTOR INFORMATION. The Re-use of Public Sector Information Regulations 2015

LEGAL INDEMNITY POLICY OF TITLE INSURANCE FOR COMMERCIAL PROPERTY COVERAGE FOR KNOWN RISK

Namibia. Koep & Partners. Introduction

Foreign investment in the United Arab Emirates.

Scottish and Southern Energy plc s proposed acquisition of Midlands Electricity plc A consultation paper

Section 1: Our assessment of the importance of housing for wellbeing in Scotland

Transcription:

Land Reform-where are we now? An overview of the new community rights to buy and of proposals for further community engagement in land use. Rachel Oliphant Senior Practice Development Lawyer Pinsent Masons LLP

Background Scotland's land must be an asset that benefits the many, not the few Nicola Sturgeon 2014

Who owns Scotland?

Land Reform The Story so far 19 th Century Rights for crofters and agricultural tenants 1976 crofters right to buy Scottish Parliament established 1999 Abolition of Feudal Tenure etc (Scotland) Act 2000 Title Conditions (Scotland) Act 2005 Land Reform (Scotland) Act 2003 Agricultural Holdings (Scotland) Act 2003 Crofting Reform etc Acts 2007 and 2010 Land Registration (Scotland) Act 2012 Long Leases (Scotland) Act 2012 Community Empowerment (Scotland) Act 2015

Community Empowerment (Scotland) Act 2015 How might this affect you? Public bodies: National Outcomes Community Planning Participation Requests Participation in public decision making

Community Empowerment (Scotland) Act 2015 Property related issues: Changes to the community right to buy Introduction of right to buy abandoned or neglected land Crofting right to buy simplified Asset transfer requests and football clubs Common good land Allotments Non-domestic rates

Community right to buy gives right of first refusal to community when owner puts property on market registration lasts 5 years and can be renewed cannot be exercised if contract to buy the land or option to buy the land entered in to before right to buy registered registered in Register of Community Interests in Land (RCIL) purchase price calculated by District Valuer if not agreed

Community right to buy From 15 April 2016: extended to cover all land in Scotland (not just rural areas) includes salmon fishings and minerals (other than oil, coal, gas, gold and silver) procedures for exercising right to buy and making late application simplified ballot carried out by ballotter appointed and paid for by Scottish Ministers changes to Community Bodies

Community right to buy Community body needs to show that: Main purpose is to achieve sustainable development of the land Significant number of community members have a connection with the land Level of community support to justify giving community right to buy It is in the public interest

Community right to buy Pros Greater community involvement benefitting people of Scotland Cons Frustrating development proposals Time consuming Reduction in value of land Liability of property ownership

Right to buy "wholly or mainly abandoned or neglected" land and "detrimental land"

Detrimental land Land of which the use or management is such that it results in or causes harm to the environmental wellbeing of a community

Land Reform (Scotland) Bill Headline grabbing The Scottish Government are aiming for the most radical and ambitious land reform legislation possible

Who controls land in Scotland? Completion of Land Register Register of who controls land in Scotland

Land Reform (Scotland) Bill Part 1: Land Rights and Responsibilities Statement Part 2: The Scottish Land Commission Part 4: Engaging communities in decisions relating to land Part 6: Non-domestic rates imposed on shootings and deer forests

Land Reform Part 5: Right to buy land to further sustainable development Scottish Ministers need to be satisfied that transfer of the land is: Likely to achieve sustainable development In the public interest Likely to result in significant benefit to the community and Not granting consent is likely to result in significant harm to the community

Land Reform Part 10 Agricultural holdings Changes to the agricultural tenants right to buy No need to register an interest No exemption for options or missives concluded prior to the tenant registering an interest Absolute right to buy for tenants whose tenancy has continued for more than 50 years

Any questions? Rachel.oliphant@pinsentmasons.com 0131 777 7036

Pinsent Masons LLP is a limited liability partnership registered in England & Wales (registered number: OC333653) authorised and regulated by the Solicitors Regulation Authority, and by the appropriate regulatory body in the other jurisdictions in which it operates. The word partner, used in relation to the LLP, refers to a member of the LLP or an employee or consultant of the LLP or any affiliated firm of equivalent standing. A list of the members of the LLP, and of those non-members who are designated as partners, is displayed at the LLP s registered office: 30 Crown Place, London EC2A 4ES, United Kingdom. We use 'Pinsent Masons' to refer to Pinsent Masons LLP, its subsidiaries and any affiliates which it or its partners operate as separate businesses for regulatory or other reasons. Reference to 'Pinsent Masons' is to Pinsent Masons LLP and/or one or more of those subsidiaries or affiliates as the context requires. Pinsent Masons LLP 2016 For a full list of our locations around the globe please visit our websites: www.pinsentmasons.com and www.out-law.com