Communities Committee, 08 Oct 2003

Meeting date: Wednesday, October 8, 2003

Official Report 188KB pdf

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Subordinate Legislation

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Compulsory Purchase of Land (Scotland) Regulations 2003 (SSI 2003/446)

The committee will now consider, under the negative procedure, the Compulsory Purchase of Land (Scotland) Regulations 2003. The instrument is subject to annulment under rule 10.4 of the standing orders. No motions to annul the instrument have been lodged with the chamber desk. The committee has been sent copies of the instrument and the accompanying documentation. Are there any comments?

It is clear from the Executive note that the changes that are being made under the Scottish statutory instrument derive from the passage of the Title Conditions (Scotland) Act 2003. I do not seek to oppose the progress of this SSI, but it raises one or two questions that I suggest the committee writes to the appropriate minister to get answers on. Specifically, the compulsory purchase of land will interact with two acts that the Parliament passed in 2003. Part 2 of the Land Reform (Scotland) Act 2003 creates a community right to buy and part 3 of the same act creates the crofting counties right to buy. The Agricultural Holdings (Scotland) Act 2003 creates a right to buy for tenant farmers under certain circumstances.

The triggers for the right to buy on those two acts are basically the same—at least, the part 2 right to buy and the agricultural holdings right to buy are the same—in that it is when the owner of the land is selling it that the opportunity to buy arises. I wonder how the Compulsory Purchase of Land (Scotland) Regulations 2003 interact with those acts. Do they pre-empt the right of a farmer to buy land under the Agricultural Holdings (Scotland) Act 2003? Do they pre-empt the right of a community to buy land under part 2 of the Land Reform (Scotland) Act 2003 or the right of a crofting community to buy land under part 3 of that act? The area is complex and it is important that we understand the interactions of the various rights that exist. Otherwise, the good work that has been done on those two acts could be undone.

I recognise that the SSI that is before us today is not making changes in that area, but I think that it gives us a useful opportunity to ask those questions. It might be useful if the committee were to write to the Minister for Communities about that.

I put to the committee Stewart Stevenson's suggestion that we ask those questions of the appropriate minister. Do members agree that we should write in those terms?

Members indicated agreement.

As there are no other comments, is the committee content with the SSI?

Members indicated agreement.

In that case, we conclude that the committee does not wish to make any recommendation in its report to the Parliament. Do members agree that we report to the Parliament with our decision on the instrument?

Members indicated agreement.

Meeting closed at 12:03.