Proposals for land reform need to be coherent, clear and workable, according to the Law Society of Scotland which is concerned by some measures being considered by ministers.
The professional body of Scotland's lawyers has submitted its response to the Scottish Government's consultation on the subject.
The consultation document addresses the difficulty often experienced in tracing the owners of Scottish land, who may end up being a company registered in a foreign tax haven. So it is proposed that in future land should only be owned by individuals or by a legal entity formed in accordance with the "law of a Member State of the EU."
But Paul Connolly, convener of the Society's property and land law committee said: "We are concerned about this proposal. Restrictions such as these could be easily by-passed by non-EU companies setting up shell companies in the EU, for example a non-EU company could set up a UK registered company. This would not necessarily fulfil the Scottish Government's policy objectives of achieving greater transparency regarding the real land owner. It could also affect not only commercial land, but residential and agricultural land as well, thus having a potentially serious impact on business, and reducing investment."
Ministers also want to address the considerable amounts of land owned by trusts enjoying charitable status, but which can comprise members of the family who have been the historical landowners.
So the Scottish Government is proposing that a trustee of a charity should be "required" to engage with the local community before taking a decision on the management, use or transfer of land under the charity's control.
But Stephen Phillips, convener of the Law Society's charity law committee said: "There are already a number of regulatory obligations that are imposed on charities, and we see no reason why further obligations should be imposed on them. Under the proposals, a high street charity shop, for example, may be under an obligation to consult with the local community before it undertakes everyday repairs, such a roof repairs. This just seems wholly unnecessary and cumbersome in practice, and potentially expensive for charities without proportionate benefit to local communities."
The soicety says the proposed Scottish Land Reform Commission seemed an appropriate way forward but it would have to "ensure that it remains independent from executive influence and represents the interest of all stakeholders, such as agricultural tenants, crofters and charities."
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