A NEW discussion paper has proposed new legislative measures to modernise land ownership in Scotland.
Published yesterday, the proposals are designed to support a dynamic and productive economy by addressing the adverse effects of Scotland’s concentrated land ownership.
The measures follow the 2019 report by the Scottish Land Commission into the impact of concentrated land ownership – the most substantial investigation into the issue conducted. That had concluded that despite some benefits in economies of scale, there are significant risks with evidence that it is having adverse impacts in some places.
Now, three specific proposals for new legislative mechanisms have been examined in detail in the new paper, based on ideas that are seen as normal in other countries and economic sectors to help markets operate efficiently and safeguard the public interest.
The proposals are for the requirement of significant land holdings to publicly engage on and publish a management plan; a Land Rights and Responsibilities Review process, and a new Public Interest Test that could determine whether significant land acquisitions create risks of concentrated power.
Hamish Trench, chief executive of the Scottish Land Commission, said: “History has given us a pattern of land ownership in which localised ‘monopoly’ power can and does exist.
“This creates risks that run counter to the needs of a modern, dynamic economy. The measures explored in this paper are proposed as targeted and proportionate ways to address these risks.
“The proposals are based on measures that are quite normal in other sectors of the economy and have parallels across Europe in the ways countries regulate land ownership. Our research has shown that Scotland is unusual in not having similar measures to safeguard the public interest.”
Mark Tennant, chairman of Scottish Land & Estates, said: “We have now had 20 years of intensive land reform legislation in the Scottish Parliament. During that time, land businesses have embraced massive change and there are so many positive outcomes from multiple ownership models including public, private and community.
“This new discussion paper does not reflect the great changes that have taken place. The report is rich in emotive description but does not offer new thinking on its key findings.”
He added: “We wholeheartedly support community engagement over land use and have been actively engaged with the Scottish Land Commission in developing plans and protocols to encourage this.”
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