LAND REFORM ACTION PLAN

Transcription

1 LAND REFORM ACTION PLAN Progress report at end August 2000 The Land Reform Action Plan, published in August 1999, set out a wide-ranging agenda for action, covering A. LAW REFORM LEGISLATION B. LAND REFORM LEGISLATION 1. LEGISLATION ON COUNTRYSIDE AND NATURAL HERITAGE ISSUES C. AGRICULTURAL HOLDINGS LEGISLATION D. CROFTING LEGISLATION E. ACTION WITHOUT LEGISLATION F. ISSUES FOR FURTHER STUDY. Here is the August 2000 progress report, showing what has been achieved to the end of that month. A LAW REFORM LEGISLATION A1 Legislation to abolish the feudal system and to replace it with a system of outright ownership of land. A2 Legislation to reform leasehold casualties. A3 Legislation to reform real burdens to do away with outdated conditions on properties and to modernise the basis on which remaining and new conditions should apply. introduced and enacted in the year. introduced when an opportunity arises. Legislation is expected to be introduced in mid ACHIEVED. Bill obtained Royal Assent on 9 June Bill introduced by Adam Ingram MSP on 11 May JHA Committee taking evidence in October. On track. The Scottish Law Commission are preparing their final proposals and a draft Bill. B LAND REFORM LEGISLATION B1 Legislation to allow time to assess the public interest when major properties change hands. B2 Legislation to give a community right to buy such land as and when it changes hands. B3 A back-up compulsory purchase power to deter evasion. B4 A reserve power to investigate beneficial ownership of land. introduced and enacted in the year. Revised target: to introduce legislation to Parliament by September If a practical solution can be identified, legislation will be brought forward. Development of draft proposals continues. Draft proposals will issue for consultation in February The need for such information will be covered in the proposed research on information about land (see

2 B5 Legislation to supplement action to create a publicly accessible nonauthoritative database on rural landholdings with data held by public bodies; and similar legislation to extend ScotLIS (Scottish Land Information Service) (in the event of that pilot being successful). New legislation will not be necessary for this purpose. F8). No further action required under this item (but see F8). C LEGISLATION ON COUNTRYSIDE AND NATURAL HERITAGE ISSUES C1 Legislation to reform access arrangements. C2 Legislation to revise the SSSI system. C3 Legislation to create National Parks. introduced and enacted in the year. Revised target: to introduce legislation to Parliament by September Publication during 1999 of detailed policy proposals followed by development of draft proposals. introduced and enacted in the year. Development of draft proposals continues. Draft proposals will issue for consultation in February Ms Boyack announced in June her intention to issue a policy statement, the purpose of which is to set out the Executive s overall proposals to deliver the Programme for Government commitment to introduce "a new system for nature conservation". Publication of the Policy Statement, which will cover SSSI reform, is expected Autumn ACHIEVED. National Parks (Scotland) Bill passed by Scottish Parliament 5 July D AGRICULTURAL HOLDINGS LEGISLATION D1 Legislation to provide more flexible tenancy arrangements. D2 Legislation to simplify and reduce the cost of dispute resolution and to extend the role of the Scottish Publication of detailed policy proposals by end April 2000 followed by development of draft proposals. White paper published for consultation on 17 May Consultation is now complete and responses are being considered, including

3 Land Court. D3 Legislation to permit wider diversification by farm tenants and to facilitate part-time farming by tenants. D4 Legislation to provide greater protection for tenants against the operation of contested notices to quit, where the landlord intends to use the land for non-agricultural purposes. D5 Legislation to introduce rights for tenants to develop woodland; to encourage good conservation practice by tenants; and to strengthen tenants rights to compensation for game damage and minerals. the implication of agreement between NFUS and SLF. E CROFTING LEGISLATION E1 Legislation to give all crofting communities a right to acquire their croft land. E2 Legislation to allow creation of new crofts. E3 Legislation to allow the extension of crofting tenure to new areas. E4 Legislation to devolve regulatory decisions to local bodies. E5 Legislation to update crofting legislation by tightening control over decrofting, curtailing control of subdivision, simplifying subletting, enabling owner occupiers to let their crofts without creating a crofting tenancy and simplifying assignations, re-lets and succession. E6 Legislation to remove the link between crofting grants and agricultural production. E7 Legislation to clarify the law on crofter forestry. Revised target: to introduce legislation to Parliament by September Publication of detailed policy proposals by end 2000 followed by development of draft proposals. Revised target: Publication of detailed policy proposals is expected in Summer As announced on 24 November 1999, this will be included in the Land Reform Bill. Draft proposals will issue for consultation in February Detailed consultation with the Crofting Consultative Panel is under way.

4 F ACTION WITHOUT NEW LEGISLATION F1 New requirements for all public bodies with rural landholdings answerable to the Secretary of State should be set so that they increase local community involvement in the management of their land. Other public bodies should also be invited to do likewise. F2 A Code of Good Practice for rural landownership (including non- Governmental organisations) should be developed. F3 An enhanced Land Fund is needed. Scottish Enterprise should set up a Community Land Unit. F4 The Government should give explicit support for the use of compulsory purchase powers as a last resort where this will assist implementation of local plans or other strategies. F5 The integrated planning of rural land use at local level should be taken forward in the context of community planning. Series of announcements over Summer 1999: Forest Enterprise 27 July Scottish Natural Heritage 3 August Ministers estates 19 August Also, Crown Estate 8 September. Final document to be published by September Land Fund open for applications by early Revised target: open for applications from Autumn ACHIEVED Scottish Enterprise ACHIEVED Community Land Unit set up in March Guidance on use of existing ACHIEVED compulsory purchase powers issued by end September. All councils to prepare community plans by January Revised target: Autumn Considering outcome of a second consultation with the Landownership Consultative Panel. New Opportunities Fund on track for revised target. Funding of 10.78m announced by NOF for the Land Fund on 24 January. Scottish Land Fund Committee appointed in May. Decision on Award Partner to be finalised in the Autumn. The Scottish Executive and CoSLA jointly published an evaluation report of the community planning pathfinder councils on 18 January. All councils are working on developing partnerships with other bodies in their areas through the production of community plans.

5 F6 A Code of Good Practice on rural land use should be developed. F7 Steps should be taken to improve co-ordination of activity between public bodies responsible for land use matters and rural development. F8 A new (non-authoritative) database on rural landholdings should be set up. F9 Some initial action to simplify agricultural arbitration can and should be taken; also action to provide wider opportunities for diversification by farm tenants; and action to amend rules of the Woodland Grant Scheme to make land taken back from a tenant ineligible for scheme payments. F10 The Crofters Commission should act to encourage more community management of croft land, Final document to be published by end Revised target: Final document to be published by 31 May In place by end For further consideration. A framework draft is being developed by an externallyled consensus group for consideration in due course by the Land Use Consultative Panel. Will be taken forward with the Land Use Consultative Panel in due course in the light of work on F6 and G1. The Deputy Minister for Justice announced on 11 May that a research project would be set up to establish the possible need for improved information and advise on how that need could best be met. This research will also now cover the need for information on beneficial ownership. A specification is now being drafted. In place by end The proposals of the Scottish Law Commission on dispute resolution do not envisage a future role for compulsory arbitration and foresee no need for action to simplify procedures. In place by end Unlikely that any more than is already being proposed within the Agricultural Holdings Legislation will be needed. WGS rules amended in June In place by Spring ACHIEVED On track. The Crofters Commission issued a consultation paper in February A booklet on how best to encourage community management will be issued by end of August. to ensure that there is no bias In place by Autumn The Crofters Commission

6 against newcomers in crofting administration and to tackle absenteeism vigorously. Absentee programme ACHIEVED started in May Programme is intended to be ongoing but will be reviewed in August issued a booklet in February 2000 and are following this up with publicity opportunities. G ISSUES FOR FURTHER STUDY G1 The scope for streamlining public assistance supporting land uses; the scope for making schemes more usefriendly; the scope for making more information readily available about public assistance relating to land; and the scope for attaching certain conditions to such public assistance should be studied systematically. G2 Evaluation of the impact of new planning guidance on rural development. G3 Consideration of the implications for Scotland following current comprehensive review of compulsory purchase and compensation legislation. Proposals for changes will come forward in stages from Summer to end Evaluation complete by end Proposals for change by Autumn On track. The specification for (a) collating all relevant data and (b) identifying where there is scope for change has been developed; and the research project is now nearing completion. Development plans are being, and will continue to be, monitored. Research project envisaged in due course. On track. In July, the Department of the Environment, Transport and the Regions published the final recommendations of the Advisory Group set up in June 1998 to undertake a fundamental Review of Compulsory Purchase Laws, Procedures and Compensation. The Scottish Ministers have seen the report and will give the Advisory Group s recommendations careful consideration in light of the Scottish dimension and of the research commissioned on distinctive Scottish aspects of the operation of the compulsory purchase

7 G4 Investigation of the legal scope and nature of possible legislation to give greater protection for those who own property built on leased land. G5 Comprehensive review of the law of the foreshore and seabed, with a view to reform. G6 How best and most costeffectively to make information about land ownership as comprehensive as possible. G7 The economic impact of abolishing national non-domestic rate relief on sporting rights and reducing or abolishing national non-domestic rate relief on agriculture and forestry should be thoroughly evaluated. G8 A comprehensive economic evaluation of the possible impact of moving to a land value taxation basis. G9 Research on bringing crofting regulation into local community control. Both stages of the factfinding research should be completed by the Autumn. Decisions on the need for legislation and possible changes will be taken in the light of the research findings. Sixth Programme will begin in January 2000 and be complete by January Revised target: complete by end framework in Scotland, which is due to be completed shortly. The summary research report was published on 6 July 2000, the same day as the Executive responded to the report of the Justice and Home Affairs Committee on petition PE14 from the Carbeth Hutters. The Executive undertook, in its response, to consult on the principle and detail of possible legislative proposals to assist the Carbeth Hutters. The consultation paper will be issued in due course. On track. Rather than inclusion in the Scottish Law Commission's Sixth Programme of Law Reform, this has now been the subject of a special reference. For further consideration. The Scottish Law Commission are considering a review of the Land Register (Scotland) Act 1979 as part of their Sixth Programme. Proposals by end No action as yet. Proposals by end Complete by end No action as yet. On track. The Crofters Commission is working with a range of different communities to test different approaches to greater devolution G10 Review in due course of the Evaluation complete by end No action as yet.

8 need for stronger enforcement of deer control measures