Stakeholders called for these regards and disregards from the 1991 Act to be incorporated into the new provisions in the Bill to ensure a fair review process.iNet Zero, Energy and Transport Committee, Official Report, 25 June 2024, cols 33-36; Net Zero, Energy and Transport Committee, Official Report, 17 December 2024, col 51 Christopher Nicholson stated that he thought the absence of these in the Bill was "just an omission" as he did not consider this a controversial or difficult amendment to make.iNet Zero, Energy and Transport Committee, Official Report, 25 June 2024, col 33
This recommendation is also made by the SLC in their advice on Part 2 of the Bill, which states: "the proposed legislation does not carry forward some of the important provisions currently included in s.13 of the 91 Act such as those relating to regards and disregards and recommend that these are included in any new provisions".iiiScottish Land Commission, Advice on Part 2 of the Land Reform Bill, 4 February 2025
The Cabinet Secretary's response to questions on this point was that: "Parliament has of course already agreed the changes made by the 2016 Act.