
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.
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).
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) 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) 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) 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.
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) 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) 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)


Column 1Provisions of the Act Column 2Subject matter Column 3Purpose
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)


Column 1Provisions of the Act Column 2Subject matter
Section 4(6) to (8) The Scottish Land Commission
Section 6 Functions of the Commission
Section 8 Strategic plan
Section 9 Programme of work
Section 21(3) Application of legislation relating to public bodies: public services reform
Section 22(1), (2), (3)(a)(ii) and (iii) and (b), (4) and (5) Functions of the Land Commissioners
Section 23 Land Commissioners: delegation of functions
Section 24 Functions of the Tenant Farming Commissioner
Section 25 Tenant Farming Commissioner: delegation of functions
Section 26 Acting Tenant Farming Commissioner
Section 27(1), (2)(a) to (f) and (h) to (i) and (3) to (9) Tenant Farming Commissioner: codes of practice
Section 28 Tenant Farming Commissioner: promotion of codes of practice
Section 29 Application to inquire into breach of code of practice
Section 30 Procedure for inquiry
Section 31 Enforcement powers
Section 32 Notice of non-compliance penalty
Section 33 Report on inquiry
Section 34 Tenant Farming Commissioner: confidentiality of information
Section 35 Protection from actions for defamation
Section 36 Report on agents of landlords and tenants
Section 37 Recommendations by Tenant Farming Commissioner for modern list of improvements
Section 38 Referral of questions of law by Tenant Farming Commissioner to Land Court