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The Land Reform (Scotland) Act 2003 is an
Act of the Scottish Parliament An Act of the Scottish Parliament ( gd, Achd PĂ rlamaid na h-Alba) is primary legislation made by the Scottish Parliament. The power to create Acts was conferred to the Parliament by section 28 of the Scotland Act 1998 following the success ...
which establishes statutory public rights of access to land and makes provisions under which bodies representing rural and
crofting Crofting is a form of land tenure and small-scale food production particular to the Scottish Highlands, the islands of Scotland, and formerly on the Isle of Man. Within the 19th century townships, individual crofts were established on the bett ...
communities may buy land.


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. 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.


See also

*
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. Land ownership in Scotland Scotland's land issue ...
* Community Empowerment (Scotland) Act 2015 * Land Reform (Scotland) Act 2016


References


External links

* {{UK legislation Acts of the Scottish Parliament 2003 Land reform in Scotland Scottish culture Outdoor recreation in Scotland Scottish coast and countryside Crofting