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Rural Affairs, Climate Change and Environment Committee 27 January 2016

27 Jan 2016 · S4 · Rural Affairs, Climate Change and Environment Committee

Item of business

Land Reform (Scotland) Bill: Stage 2

McLeod, Aileen SNP South Scotland Watch on SPTV

I am grateful to Mr Hume for raising the issue, which gives us the opportunity to reflect further on the role of third parties in the right to buy under part 5. I also welcome the comments from Sarah Boyack and the convener. The ability for a community body to nominate a third party purchaser—for example, a housing association or local business partner—to buy land under part 5 adds flexibility to the right to buy process. There has been strong support for the provisions from a number of stakeholders, such as Community Land Scotland, and the committee’s stage 1 report acknowledged that, in certain circumstances, it may be beneficial for a community to be able to nominate a third party purchaser. Enabling communities to access the resources and expertise of other parties could help to deliver real benefits to the community that is at the heart of an application. I understand that a small number of stakeholders have expressed concern that third party purchasers may exercise undue influence. In response to the committee’s request in the stage 1 report for the Government to consider what safeguards were needed, we noted that, in considering a part 5 application, the Scottish ministers will have to be satisfied that sustainable development conditions are met and that procedural requirements are complied with. That will include consideration of the community body and the third party purchaser’s ability to deliver the proposals in their application. That may include scrutinising the arrangements between the community body and third party purchasers—for example, the legal agreement setting out delivery timescales, rights, liabilities and maintenance arrangements. 12:15 Ministers would not be able to consent to an application if they were not satisfied that the transfer to the third party purchaser would be likely to deliver significant benefit to the community and that the other sustainable development tests were met. Any concerns that were raised by a landowner or any other person that a third party purchaser was wielding undue influence, or any evidence that an arrangement between the community body and a third party purchaser would not deliver the significant benefits that would be necessary to meet the sustainable development conditions or even prevent harm to the community, would be considered very seriously by ministers in deciding whether to consent to an application. The Scottish Government already supports organisations such as the community ownership support service to provide support and advice to communities on the issues of asset transfer and land ownership. That means that communities will have access to advice and support from an independent party when they are deciding whether to work with a third party on a right-to-buy application. In addition, we are happy to reassure Mr Hume that we will not allow part 5 to be used for reasons other than those for which it is intended. For those reasons, I ask Mr Hume to withdraw amendment 85.

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Rural Affairs, Climate Change and Environment Committee 27 January 2016

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