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Land Reform (Scotland) Act 2003

Status:

This is the original version (as it was originally enacted).

  1. Introductory Text

  2. Part 1 Access rights

    1. Chapter 1 Nature and extent of access rights

      1. 1.Access rights

      2. 2.Access rights to be exercised responsibly

      3. 3.Reciprocal obligations of owners

      4. 4.Modification of sections 9, 14 and 23

      5. 5.Access rights, reciprocal obligations and other rules and rights

    2. Chapter 2 Nature and extent of access rights: further provisions

      1. 6.Land over which access rights not exercisable

      2. 7.Provisions supplementing and qualifying section 6

      3. 8.Adjustment of land excluded from access rights

      4. 9.Conduct excluded from access rights

    3. Chapter 3 The Scottish Outdoor Access Code

      1. 10.The Scottish Outdoor Access Code

    4. Chapter 4 Regulation and protection of access rights

      1. 11.Power to exempt particular land from access rights

      2. 12.Byelaws in relation to land over which access rights are exercisable

    5. Chapter 5 Local authority functions: access and other rights

      1. 13.Duty of local authority to uphold access rights

      2. 14.Prohibition signs, obstructions, dangerous impediments etc.

      3. 15.Measures for safety, protection, guidance and assistance

      4. 16.Acquisition by local authority of land to enable or facilitate exercise of access rights

      5. 17.Core paths plan

      6. 18.Core paths plan: further procedure

      7. 19.Power to maintain core paths etc.

      8. 20.Review and amendment of core paths plan

      9. 21.Delineation by agreement of paths in land in respect of which access rights exercisable

      10. 22.Compulsory powers to delineate paths in land in respect of which access rights exercisable

      11. 23.Ploughing etc.

      12. 24.Rangers

      13. 25.Local access forums

      14. 26.Power of entry

      15. 27.Guidance

    6. Chapter 6 General and miscellaneous provisions

      1. 28.Judicial determination of existence and extent of access rights and rights of way

      2. 29.Powers to protect natural and cultural heritage etc.

      3. 30.Existing byelaws providing for public access to land

      4. 31.Application of sections 14 and 15 to rights of way

      5. 32.Interpretation of Part 1

  3. Part 2 The community right to buy

    1. Chapter 1 General extent of community right to buy

      1. 33.Registrable land

      2. 34.Community bodies

      3. 35.Provisions supplementary to section 34

      4. 36.Register of Community Interests in Land

    2. Chapter 2 Registration of interests

      1. 37.Registration of interest in land

      2. 38.Criteria for registration

      3. 39.Procedure for late applications

      4. 40.Effect of registration

      5. 41.Provisions supplementary to and explanatory of section 40

      6. 42.Power to modify sections 40(4) and (5) and 41

      7. 43.Anti-avoidance provisions

      8. 44.Duration and renewal of registration

      9. 45.Deletion of community interest in land

      10. 46.Re-registration of community interest

    3. Chapter 3 Activation of right to buy

      1. 47.Activation of right to buy

      2. 48.Duties on owner, or creditor, proposing to transfer land

      3. 49.Procedure following receipt of notice under section 48

      4. 50.Power to activate right to buy land where breach of this Part

    4. Chapter 4 Procedure after activation of right to buy

      1. 51.Exercise of right to buy: approval of community and consent of Ministers

      2. 52.Ballot procedure

      3. 53.Provisions supplementary to section 51: salmon fishings and minerals

      4. 54.Declinature or extinction of right to buy

      5. 55.Right to buy same land exercisable by only one community body

      6. 56.Procedure for buying

      7. 57.Powers of Lands Tribunal in event of failure or delay

      8. 58.Procedure where right to buy activated by virtue of notice under section 50(3)

    5. Chapter 5 Valuation of land

      1. 59.Assessment of value of land

      2. 60.Procedure for valuation

    6. Chapter 6 Appeals

      1. 61.Appeals

      2. 62.Appeals to Lands Tribunal: valuation

      3. 63.Compensation

      4. 64.Compensation appeals

    7. Chapter 7 General and miscellaneous provisions

      1. 65.Effect of right to buy on other rights

      2. 66.Amendment of Land Registration (Scotland) Act 1979

      3. 67.Construction of references to land in which community interest registered

  4. Part 3 The crofting community right to buy

    1. Chapter 1 General extent of crofting community right to buy

      1. 68.Land which may be bought: eligible croft land

      2. 69.Land which may be bought: salmon fishings and mineral rights

      3. 70.Land which may be bought in addition to eligible croft land

      4. 71.Crofting community bodies

      5. 72.Provisions supplementary to section 71

    2. Chapter 2 Exercise of right to buy

      1. 73.Application by crofting community body for consent to buy croft land etc.

      2. 74.Criteria for consent by Ministers

      3. 75.Ballot to indicate approval for purposes of section 74(1)(m)

      4. 76.Right to buy same croft land exercisable by only one crofting community body

      5. 77.Reference to Land Court of purchase of eligible additional land without owner’s consent

      6. 78.Modification of section 77(3)(a) to (e)

      7. 79.Additional land included at request of owner

      8. 80.Consent conditions

      9. 81.Reference to Land Court of questions on applications

      10. 82.Notification of Ministers' decision on application

      11. 83.Leaseback to owner of sporting interests

      12. 84.Effect on other rights of Ministers' decision on right to buy

      13. 85.Confirmation of intention to proceed with purchase and withdrawal

      14. 86.Completion of purchase

      15. 87.Completion of transfer

    3. Chapter 3 Valuation of croft land

      1. 88.Assessment of value of croft land etc.

      2. 89.Compensation

      3. 90.Grants towards crofting community bodies' liabilities to pay compensation

    4. Chapter 4 Appeals

      1. 91.Appeals

      2. 92.Appeals to Land Court: valuation

      3. 93.Agreement as to matters referred or appealed

    5. Chapter 5 General and miscellaneous provisions

      1. 94.Register of Crofting Community Rights to Buy

      2. 95.Avoidance of disposal other than to crofting community body

      3. 96.Limitation on effect of this Part

      4. 97.Scottish Land Court

  5. Part 4 General and supplementary

    1. 98.General and supplementary provisions

    2. 99.Amendments, repeals and savings

    3. 100.Short title, Crown application and commencement

    1. SCHEDULE 1

      Path orders

      1. 1.Procedure

      2. 2.That notice shall specify— (a) a time, being not later...

      3. 3.If no such objections are made or any made are...

      4. 4.If, however, an objection is made and not withdrawn, the...

      5. 5.Ministers— (a) may; and (b) if any objection made is...

      6. 6.Ministers shall, after considering the report of that person, either...

      7. 7.On its confirmation, the path order shall have effect.

      8. 8.As soon as a path order has effect, the local...

      9. 9.Statutory undertakings

      10. 10.Such consent shall not be unreasonably withheld and any question...

      11. 11.The operator of any telecommunications code system for the purposes...

      12. 12.Paragraph 1(2) of the telecommunications code (alteration of apparatus to...

      13. 13.Paragraph 21 of that code (restriction on removal of apparatus)...

    2. SCHEDULE 2

      Amendment and repeal of enactments

      1. 1.Trespass (Scotland) Act 1865 (c. 56)

      2. 2.Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 (c. 42)

      3. 3.Countryside (Scotland) Act 1967 (c. 86)

      4. 4.Subject to paragraphs 6 and 7 below, the following provisions—...

      5. 5.In section 47 (interpretation of Part III which deals with...

      6. 6.The coming into force of the repeal of Part II...

      7. 7.Notwithstanding the repeal of section 30 to 38, those sections...

      8. 8.Civic Government (Scotland) 1982 (c. 45)

      9. 9.Public Order Act 1986 (c. 64)

      10. 10.Criminal Justice and Public Order Act 1994 (c. 33)

      11. 11.After section 61(4) (circumstances in which persons who, although not...

      12. 12.In section 64 (which, amongst other things, confers powers on...

      13. 13.In section 68 (offence of aggravated trespass) after subsection (1)...

      14. 14.The Conservation (Natural Habitats, Etc.) Regulations 1994 (S.I. 1994/2716)

      15. 15.In regulation 3(2) there is inserted at the end— Part...

      16. 16.After regulation 69 there is inserted— Core and other paths...

      17. 17.Town and Country Planning (Scotland) Act 1997 (c. 8)

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