Following on from myblogabout Royal Assentbeinggiven to the Land Reform (Scotland) Act 2016, the first of the Commencement Orders has now been laid before the Scottish Parliament.
The snappily titled The Land Reform (Scotland) Act 2016 (Commencement No. 1 and Transitional Provision) Regulations 2016was laid before the Scottish Parliament on 8 June and provides for various parts of the Act to be brought into force, at varying times, as follows:
28 June 2016
Part 6of the Act(sections 74-76) -the re-introduction of sporting rates for shootings and deer forests
Part 7 of the Act (section 77)- dealing with local authority common good land, extending the right to seek authorisation to use such land in a different manner, as well as the right to dispose of it
Part 8 of the Act (sections 78-82) - deer management provisions
1 October 2016
sections 1 and 2 of the Act- the "land rights and responsibilities statement". This means the statement must be published and laid before the Scottish Parliament before 1 October 2017 (i.e. within 12 months of these sections coming into force)
1 October 2017
section 3 of the Act - the duty on the Scottish Ministersto promote the principles of the land rights and responsibilities statementwhen exercising their functions(presumably thistimeframeis given because Scottish Ministerswon't publish the statement until the last minute, rather than any desire to exercise their functions in flagrant disregard for its terms if it is published earlier!)
These are some of the Act'seasier parts to bring into force, so it's not unexpected that they are first. Only the rates re-introduction required anyadditional provision to thewording of the Actitself(makingclear that the relevant interests will only enter the valuation roll from April 2017,which was as anticipated). The land rights and responsibilities statement also, of course, provides guiding principlesso, again, it makes sense it comes at the start.
More updates to come as further parts of the Act are brought into force. In the meantime, please get in touch with any queries.