They suggested either repeat fines or a system of escalating penalties, potentially using cross-compliance.iiiWritten submissions including Andy Wightman, Development Trusts Association Scotland, Cosaig Growers, Wellbeing Economy Alliance Scotland CLS set out a “staged escalation process” in their written submission:
Stage 1 escalation – a fine of “considerably more than £5000”;
Stage 2 escalation – LCC can impose a LMP Order creating an obligation to produce a LMP, with failure to act leading to a public report from the LCC and the LCC being able to initiate action to impact landowner’s entitlement to public funds;
Stage 3 escalation – continued breach reported as a criminal offence or LCC given powers to order the sale of the land.Written submission of Community Land Scotland
Cross-compliance was considered a useful tool by a number of stakeholders.iNet Zero, Energy and Transport Committee, Official Report, 18 June 2024, cols 13-14; Net Zero, Energy and Transport Committee, Official Report, 5 November 2024, cols 18, 28, 42; Net Zero, Energy and Transport Committee, Official Report, 26 November 2024, col 49 The SLC recommended utilising cross-compliance penalties when a landowner is in breach of an obligation, including restricting access to public financial support such as agricultural payments or forestry grants.viiiScottish Land Commission, The Land Reform Bill - Part 1: Advice to Ministers (January 2025) Don Macleod (Turcan Connell) suggested cross-compliance “makes a lot of sense”: “If the state is paying out money to farmers or estate owners to do something, that is good, but if that person is not fulfilling their contract or other things that the state requires them to do, it makes a lot of sense for them not to get public money”.iNet Zero, Energy and Transport Committee, Official Report, 18 June 2024, col 13
When asked about how the £5,000 penalty had been arrived at, the Cabinet Secretary told the Committee that “the fines are set at a level that broadly mirrors the penalties in relation to the register of persons holding a controlling interest in land”.iNet Zero, Energy and Transport Committee, Official Report, 18 February 2025, col 22 Though that is a criminal penalty rather than civil, the maximum amount is £5,000.