Contents
Part 1 · Land reform
Chapter 2 · Functions of the Land Commissioners
8Functions of the Land Commissioners: natural capital markets#
(1)The Land Reform (Scotland) Act 2016 is modified as follows.
(2)In section 22 (functions of the Land Commissioners)—
(a)in subsection (5), after paragraph (d) insert “,e the effects of natural capital markets in relation to other matters relating to land in Scotland.”
(b)after subsection (5) insert—“6 In subsection (5) “natural capital market” means the trading of units or credits which are generated through a registration scheme for projects to restore or improve the natural environment.”
9Functions of the Land Commissioners: further provisions#
(1)The Land Reform (Scotland) Act 2016 is modified as follows.
(2)In section 22 (functions of the Land Commissioners), in subsection (5), after paragraph (e) (as inserted by section 8(2) of this Act) insert “,f the relationship between scale and concentrations of land holdings and local economic development,g the desirability of achieving a more diverse pattern of landownership comprising more landowners and different types of landowners,h measures to prevent depopulation and support the repopulation of land and the sustainability of communities.”
Part 2 · Leasing land
Chapter 1 · Model leases
11Duty to publish model lease for environmental purposes#
(1)The Scottish Ministers are to make publicly available a model lease designed for letting land so that it can be used (wholly or partly) for an environmental purpose.
(2)The Scottish Ministers must fulfil their duty under this section before the end of the period of 2 years beginning with the day that the Bill for this Act receives Royal Assent.
(3)The Scottish Ministers may by regulations modify subsection (2) to change the date by which their duty under this section is to be fulfilled.
(4)For the purpose of this section, land is used for an environmental purpose if it is used—
(a)for sustainable and regenerative agriculture,
(b)in a way that contributes towards achieving the net-zero emissions target set by section A1 of the Climate Change (Scotland) Act 2009,
(c)in a way that contributes towards adaptation to climate change,
(d)in a way that contributes towards increasing or sustaining biodiversity.
12Duty to publish model lease for hutting#
(1)The Scottish Ministers are to make publicly available a model lease designed for letting public land so that it can be used for the purpose of building or occupying huts.
(2)The Scottish Ministers must fulfil their duty under this section before the end of the period of 3 years beginning with the day that the Bill for this Act receives Royal Assent.
(3)The Scottish Ministers may by regulations modify subsection (2) to change the date by which their duty under this section is to be fulfilled.
(4)For the purpose of this section, a hut—
(a)is a simple building used intermittently as recreational accommodation,
(b)has an internal floor area of no more than 30 square metres,
(c)is constructed from low impact materials,
(d)is generally not connected to mains water, electricity or sewerage,
(e)is built in such a way that it is removable with little or no trace at the end of its life.
Part 3 · Final provisions
44Ancillary provision#
(1)The Scottish Ministers may by regulations make any incidental, supplementary, consequential, transitional, transitory or saving provision they consider appropriate for the purposes of, or in connection with, or for giving full effect to this Act or any provision made under it.
(2)Regulations under this section may modify any enactment (including this Act).
45Regulation-making powers#
(1)A power to make regulations conferred by this Act includes the power to make different provision for different purposes and areas.
(2)Regulations under the following provisions are subject to the affirmative procedure: sections 23(1) (see also sections 23(3) and 46) and 24 (see also sections 24(3) and 46) and, in schedule 2, paragraphs 4(3), 17(5), 19(8)(a), 53(4), 62(5), 63(7), 64(9), 69(8) and 72(1).
(3)Regulations under the following provisions are subject to the negative procedure: section 11(3) and, in schedule 2, paragraphs 15(3)(a) and (c), 17(4)(b), 19(8)(b), 49(3), 50(6), 58(2) and (6) and 61(4)(b).
(4)Regulations under section 44—
(a)are subject to the affirmative procedure if they add to, replace or omit any part of the text of an Act, but
(b)otherwise, are subject to the negative procedure.
46Further procedure for regulations under sections 23 and 24#
(1)The Scottish Ministers may not lay before the Scottish Parliament for approval by resolution a draft Scottish statutory instrument containing regulations in relation to which this section applies—
(a)until they have consulted on proposals for the regulations in accordance with subsection (3) for the 60 day period described by subsection (4), and
(b)without laying before the Parliament, at the same time as the draft instrument, an explanatory document fulfilling the requirements set out in subsection (6).
(2)For the purposes of subsection (1)(a), proposals for regulations must take the form of—
(a)a draft of the regulations, and
(b)an explanatory document containing reasons for the draft regulations’ content.
(3)To consult on proposals for regulations, the Scottish Ministers must—
(a)lay the proposals before the Scottish Parliament, and
(b)send a copy of them to any other person they consider it appropriate to consult.
(4)The 60 day period referred to in subsection (1)(a) begins with the day that the Scottish Ministers lay the proposals before the Parliament in accordance with subsection (3)(a).
(5)In calculating the 60 day period, no account is to be taken of any time during which the Parliament is dissolved or is in recess for more than 4 days.
(6)The requirements for the explanatory document referred to in subsection (1)(b) are that the document contain—
(a)reasons for the provisions contained in the draft instrument alongside which the document is laid before the Parliament,
(b)details of what was done to consult in relation to the proposals for the regulations,
(c)details of the representations received in relation to the proposals for the regulations during the 60 day period described by subsection (4),
(d)details of what changes (if any) were made as a result of those representations in turning the draft of the regulations that comprised the proposals into the regulations contained in the draft instrument.
(7)In complying with subsection (6)(c), the Scottish Ministers must not disclose—
(a)representations received from a person who has not consented to their being disclosed,
(b)information about a person (“person A”) contained in representations received from another person if and to the extent that—
(i)it appears to the Scottish Ministers that disclosure of the information could adversely affect the interests of person A, and
(ii)the Scottish Ministers have been unable to obtain person A’s consent to the disclosure of the information.
47Commencement#
(1)This Part, and section 11, come into force on the day after Royal Assent.
(2)The other provisions of this Act come into force on such day as the Scottish Ministers may by regulations appoint.
(3)Regulations under subsection (2) may include transitional, transitory or saving provision.
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