Land Reform (Scotland) Act 2003

The Land Reform (Scotland) Act 2003 is an Act of the Scottish Parliament which establishes statutory public rights of access to land and makes provisions under which bodies representing rural and crofting communities may buy land.[1]

Land Reform (Scotland) Act 2003
Long titleAn Act of the Scottish Parliament to establish statutory public rights of access to land for recreational and other purposes, and to extend some of the provisions for that purpose to rights of way and other rights; to make provision under which bodies representing rural and crofting communities may buy the land with which those communities have a connection; and for connected purposes.
Citation2003 asp 2
Territorial extentScotland
Dates
Royal assent25 February 2003
Other legislation
Relates toCommunity Empowerment (Scotland) Act 2015, Land Reform (Scotland) Act 2016
Status: Current legislation
Text of statute as originally enacted
Revised text of statute as amended

Provisions

The 2003 Act includes three main provisions: the creation of a legal framework for land access, the community right to buy, and the crofting community right to buy. The first part of the act codifies into Scots law the right to universal access to land in Scotland. The act specifically establishes a right to be on land for recreational, educational and certain other purposes and a right to cross land. The rights exist only if they are exercised responsibly, as specified in the Scottish Outdoor Access Code. Access rights apply to any non-motorised activities, including walking, cycling, horse-riding and wild camping. They also allow access on inland water for canoeing, rowing, sailing and swimming.

The second part of the act establishes the community right to buy, allowing communities with populations of up to 10,000 to register an interest in land, entitling them to first right of refusal should the owner put the land up for sale or intend to transfer ownership, provided a representative community body can be formed to carry out the purchase.[2]

Finally, the third part establish the crofting community right to buy which allows crofting communities to purchase crofts and associated land from existing landowners. It differs from the community right to buy in that it can be exercised at any time, regardless of whether the land has been put on the market, allowing crofting communities to purchase land even in the absence of a willing seller.[3]

See also

References

  1. ^ "Land Reform (Scotland) Act 2003 asp 2" (PDF). Retrieved 4 March 2017.
  2. ^ "Land Reform (Scotland) Act 2003: Part 2: Community Right to Buy: Guidance" (PDF). The Scottish Executive. 2004. Retrieved 4 March 2017.
  3. ^ "Crofting Community Right to Buy". The Scottish Government. Retrieved 4 March 2017.

External links

Canoe Wales

Canoe Wales is the national governing body for canoeing and kayaking in Wales. It covers all branches of the sport from recreational activities to whitewater racing, slalom racing and wildwater racing; flatwater sprint racing and marathon racing; canoe sailing; canoe polo; surf kayaking and canoeing; and extreme racing. The organisation has over 1,800 individual members and a further 2,000 members through affiliated clubs and centres. Members of Canoe Wales are also by default members of the British Canoe Union.

Cheviot Hills

The Cheviot Hills () are a range of uplands straddling the Anglo-Scottish border between Northumberland and the Scottish Borders. The English section is within the Northumberland National Park. The range includes The Cheviot (the highest hill), plus Hedgehope Hill to the east, Windy Gyle to the west, and Cushat Law and Bloodybush Edge to the south.

The hills are sometimes considered a part of the Southern Uplands of Scotland as they adjoin the uplands to the north. Since the Pennine Way runs through the region, the hills are also considered a part of the northern Pennines although they are separated from the Cheviot Hills by the Tyne Gap, part of which lies within the southern extent of the Northumberland National Park.The Cheviot Hills are primarily associated with geological activity from approximately 480 to 360 million years ago, when the continents of Avalonia and Laurentia collided, resulting in extensive volcanic activity (the Caledonian orogeny) which created a granite outcrop surrounded by lava flows.

The area enjoys a general right to roam under both the English Countryside and Rights of Way Act 2000 and the Scottish Land Reform (Scotland) Act 2003.

The Southern Cheviots include the Otterburn Training Area, the UK's largest firing range, where the Ministry of Defence train up to 30,000 soldiers a year.

Climate change in Scotland

The mitigation of anthropogenic climate change in the nation of Scotland is a matter for the devolved Scottish Parliament.

Community Empowerment (Scotland) Act 2015

The Community Empowerment (Scotland) Act 2015 is an Act of the Scottish Parliament. The act is notable for expanding the Community Right to Buy established by the Land Reform (Scotland) Act 2003 to include urban communities and for introducing new powers for Scottish Ministers to compel owners of abandoned or neglected to land to interested community bodies.

Countryside and Rights of Way Act 2000

The Countryside and Rights of Way Act 2000 (c 37), known as the CRoW Act is a United Kingdom Act of Parliament affecting England and Wales which came into force on 30 November 2000.

Croft (land)

A croft is a fenced or enclosed area of land, usually small and arable, and usually, but not always, with a crofter's dwelling thereon. A crofter is one who has tenure and use of the land, typically as a tenant farmer, especially in rural areas.

Forum for Renewable Energy Development in Scotland

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Hunterston Castle

Hunterston Castle, West Kilbride, North Ayrshire, Scotland is the historic home of the lairds of Clan Hunter. The keep dates from the late 15th, or early 16th centuries, while the attached manor house is of the 17th century. The estate was granted to the Hunters by David I of Scotland in the 12th century, and the heads of the clan have lived on the estate for the following 900 years. The castle is a Category A listed building.

Tours of the Castle can be booked using the Clan Hunter website https://clanhunterscotland.com/

Hunterston Castle and surrounding grounds are exempt Statutory Access Rights , under The Land Reform (Scotland) Act 2003.https://www.scotways.com/faq/law-on-statutory-access-rights/230-where-do-access-rights-not-apply There is a public/cycle/bridle path , clearly marked, adjacent to the private entrance. This path passes next to the castle and gives fine views. As seen by the photo to the right.

Land Reform (Scotland) Act 2016

The Land Reform (Scotland) Act 2016 is an Act of the Scottish Parliament which continues the process of land reform in Scotland following the Community Empowerment (Scotland) Act 2015. It is notable for granting Scottish ministers the power to force the sale of private land to community bodies to further sustainable development in the absence of a willing seller.

Land Reform Ordinance

Land Reform Ordinance may refer to:

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Land Reform (Scotland) Act 2003,

Zimbabwe's 1992 Land Acquisition Act, Land reform in Zimbabwe#Compulsory acquisition

Land reform in Scotland

Land reform in Scotland is the ongoing process by which the ownership of land, its distribution and the law which governs it is modified, reformed and modernised by property and regulatory law.

List of community buyouts in Scotland

This is a list of areas of land under community ownership in Scotland. It includes areas purchased in community buyouts, as well as land gifted or transferred for a nominal fee.

The Land Reform (Scotland) Act 2003 introduced rights for communities to purchase land in their area. Funding for buying land has been provided by the Scottish Government through the Scottish Land Fund.

MV Hallaig

MV Hallaig is a pioneering Diesel Electric Hybrid ferry built for the Caledonian MacBrayne service between Skye and Raasay.

National parks of Scotland

The national parks of Scotland are managed areas of outstanding landscape where some forms of development are restricted to preserve the landscape and natural environment. At present, Scotland has two national parks: Loch Lomond and The Trossachs National Park, created in 2002, and the Cairngorms National Park, created in 2003.Unlike the national parks of many other countries, the national parks of Scotland are not areas of uninhabited land owned by the state. The majority of the land is in the ownership of private landowners (including conservation bodies such as the National Trust for Scotland), and people continue to live and work in the parks. Although the landscapes often appear "wild" in character, the land is not wilderness, as it has been worked by humans for thousands of years. Like their English and Welsh counterparts the national parks of Scotland are effectively "managed landscapes", and are classified as IUCN Category V Protected Landscapes because of this. National parks are only one of a number of designations used to protect and conserve the landscape and natural environment of Scotland.Public access to all land in Scotland is governed by the Land Reform (Scotland) Act 2003, which grants the public a right of responsible access to most land (and water) for activities such as walking, camping, cycling, canoeing, swimming and climbing; this right applies to land regardless of ownership or whether or not it is in a national park, providing it is exercised responsibly (as defined by the Scottish Outdoor Access Code).

Park, Lewis

Park (Scottish Gaelic: A' Phàirc), also known as South Lochs, is a huge area of land connected to the rest of Lewis only by a narrow neck between Loch Seaforth and Loch Erisort. This had a wall called Gàrradh an Tighearna ("The Laird's Dyke") built across it by the Earl of Seaforth in the early 17th century, the outline of which can still be seen.

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Scoraig

Scoraig (Scottish Gaelic: Sgoraig) is a settlement located on a remote peninsula between Little Loch Broom and Loch Broom, north-west of Ullapool in Ross and Cromarty, Highland, Scotland.

The 1871 census recorded more than 380 Gaelic-speaking inhabitants of Scoraig. Today it is known for its remoteness (reachable only by boat or about five miles' walk), its somewhat "alternative" atmosphere, organic food production, and its pioneering use of wind power.

There is a primary school, which in 2015 had five pupils, and in 2018, seven. Most children over the age of 14 go to Ullapool High School, which because of the distance requires living there at least during the week. There is postal service three times a week, and a sea-ferry and a community boat serve the settlement in addition to private boats.

Scottish Outdoor Access Code

The Scottish Outdoor Access Code provides detailed guidance on the exercise of the ancient tradition of universal access to land in Scotland, which was formally codified under the Land Reform (Scotland) Act 2003. Under Scots law everyone has the right to be on most land and inland water for recreation, education and going from

place to place providing they act responsibly. The basis of access rights in Scotland is one of shared responsibilities, in that those exercising such rights have to act responsibly, whilst landowners and managers have a reciprocal responsibility to respect the interests of those who exercise their rights. The code provides detailed guidance on these responsibilities.

Access rights apply to any non-motorised activities, including walking, cycling, horse-riding and wild camping. They also allow access on inland water for canoeing, rowing, sailing and swimming.

The rights confirmed in the Scottish legislation are greater than the limited rights of access created in England and Wales by the Countryside and Rights of Way Act 2000 (CRoW).This Code has been approved by both the Scottish Government and the Scottish Parliament. It is expected to provide sufficient guidance to ensure that most access problems can be resolved by reference to it. Failure to comply with the Code is not, in of itself, an offence, however where a dispute cannot be resolved and is referred to the Sheriff for determination, the court will consider whether the guidance in the Code has been disregarded by any of the parties.

Trespass (Scotland) Act 1865

The Trespass (Scotland) Act 1865 (28 & 39 Vict. c. 56) is an Act of Parliament in the United Kingdom granted Royal Assent on 29 June 1865 and entitled An Act to provide for the better Prevention of Trespass in Scotland.

The Act creates a criminal offence of trespass in Scotland in certain circumstances and applies a penalty which has been amended by the Criminal Justice Act 1982 to that of a fine not exceeding Level 1 on the standard scale for violation.The Act applies to a wide variety of private property, although only to lodging, occupation and encampment on such property.

Walking in the United Kingdom

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Walking is used in the United Kingdom to describe a range of activity, from a walk in the park to trekking in the Alps. The word "hiking" is used in the UK, but less often than walking; the word rambling (akin to roam) is also used, and the main organisation that supports walking is called The Ramblers. Walking in mountainous areas in the UK is called hillwalking, or in Northern England, including the Lake District and Yorkshire Dales, fellwalking, from the dialect word fell, for high, uncultivated land. Mountain walking can sometimes involve scrambling.

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