The Land Reform (Scotland) Act 2016 (Commencement No. 2 and Transitory Provisions) Regulations 2016

JurisdictionScotland
CitationSSI 2016/250

2016 No. 250 (C. 21)

Land Reform

The Land Reform (Scotland) Act 2016 (Commencement No. 2 and Transitory Provisions) Regulations 2016

Made 1st September 2016

Laid before the Scottish Parliament 5th September 2016

Coming into force 1st November 2016

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 130(2), (3) and (4) of the Land Reform (Scotland) Act 20161and all other powers enabling them to do so.

S-1 Citation, commencement and interpretation

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Land Reform (Scotland) Act 2016 (Commencement No. 2 and Transitory Provisions) Regulations 2016 and come into force on 1st November 2016.

(2) In these Regulations—

“the Act” means the Land Reform (Scotland) Act 2016;

“the Commission” means the Scottish Land Commission.

S-2 Appointed days

Appointed days

2.—(1) 1st November 2016 is the day appointed for the coming into force of the provisions of the Act specified in column 1 of the table in schedule 1 (the subject matter of which is described in column 2 of that table).

(2) Where a purpose is specified in column 3 of that table in relation to any provision specified in column 1, that provision comes into force on 1st November 2016 only for that purpose.

(3) 1st April 2017 is the day appointed for the coming into force of the provisions of the Act specified in column 1 of the table in schedule 2 (the subject matter of which is described in column 2 of that table).

(4) 1st October 2017 is the day appointed for the coming into force of section 22(3)(a)(i) of the Act (functions of the Land Commissioners).

S-3 Transitory provision: function of the Commission and members of the Commission

Transitory provision: function of the Commission and members of the Commission

3.—(1) Paragraphs (2) to (4) apply for the period beginning with 1st November 2016 and ending with 31st March 2017.

(2) The function of the Commission is to make such preparations and arrangements as are appropriate and practicable so that the Commission may perform its functions under section 6 of the Act from 1st April 2017.

(3) The function of any member of the Commission appointed during the period referred to in paragraph (1) is to make such preparations and arrangements as are appropriate and practicable so that that member may perform his or her functions under section 22 or, as the case may be, 24 of the Act from 1st April 2017.

(4) For the purposes of—

(a)

(a) sections 7(1)(a)(i), 15(4) and 17(1)(a), (2) and (3) of the Act, the references to the functions of the Commission in those provisions are to be read as if they were to the function set out in paragraph (2);

(b)

(b) sections 7(1)(a)(ii) and (iii), 13(2)(e) and 17(1)(b) and (c) of the Act, the references to the functions of the members of the Commission in those provisions are to be read as if they were to the function set out in paragraph (3); and

(c)

(c) sections 14(1)(b) and 17(5)(b) of the Act, the references to the functions of the Commission and the members of the Commission in those provisions are to be read as if they were to the functions set out in paragraphs (2) and (3) respectively.

S-4 Transitory provision: first financial year

Transitory provision: first financial year

4.—(1) For the purposes of sections 19 and 20 of the Act, the first financial year of the Commission is the period beginning with 1st November 2016 and ending with 31st March 2018.

(2) For the purposes of section 20(1)(a) and (3) of the Act and the first financial year, the functions referred to in those provisions are to be read as if they referred to—

(a)

(a) in respect of the period beginning with 1st November 2016 and ending with 31st March 2017, the functions referred to in regulation 3(2) and(3); and

(b)

(b) in respect of the period beginning with 1st April 2017 and ending with 31st March 2018, the functions referred to in sections 6, 22 and 24 of the Act.

ROSEANNA CUNNINGHAM

A member of the Scottish Government

St Andrew’s House,

Edinburgh

1st September 2016

SCHEDULE 1

Regulation 2(1) and (2)

PROVISIONS OF THE ACT COMING INTO FORCE ON 1ST NOVEMBER 2016

Column 1

Provisions of the Act

Column 2

Subject matter

Column 3

Purpose

Section 4(1) to (5)

The Scottish Land Commission

Section 5

Status

Section 7

General powers

Section 10

Membership

Section 11

Eligibility for appointment

Section 12(1), (2), (3)(a), (4) and (5)

Disqualification from membership

Section 12(3)(b)

Disqualification from membership

For the purpose of a tenancy under sections 4 or 5 of the Agricultural Holdings (Scotland) Act 2003

Section 13

Resignation and removal

Section 14

Remuneration, allowances and pensions

Section 15

Staff

Section 16

Validity of things done

Section 17

Committees

Section 18

Regulation of procedure

Section 19

Accounts

Section 20

Annual report

Section 21(1)

Application of legislation relating to public bodies: ethical standards in public life

Section 21(2)

Application of legislation relating to public bodies: freedom of information

Section 44

Guidance on engaging communities in decisions relating to land

SCHEDULE 2

Regulation 2(3)

PROVISIONS OF THE ACT COMING INTO FORCE ON 1ST APRIL 2017

Column 1

...

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