LegalizeReform history
Agricultural Holdings (Scotland) Act 2003
15 versions
· 2003-04-22
2021-02-28
Agricultural Holdings (Scotland) Act 2003
2019-02-28
Agricultural Holdings (Scotland) Act 2003
2017-11-30
Agricultural Holdings (Scotland) Act 2003
2016-12-23
Agricultural Holdings (Scotland) Act 2003
Changes on 2016-12-23
@@ -176,7 +176,7 @@
- (2) The tenant must give the landlord a notice in writing of any intention of the tenant to assign the lease; and the notice must include the particulars of the proposed assignee, the terms upon which the assignation is to be made and the date on which it is to take effect.
- (3) The landlord may withhold consent to the proposed assignation if there are reasonable grounds for doing so; and, in particular, the landlord may withhold consent if not satisfied that the proposed assignee—
- (3) Subject to subsection (3A), the landlord may withhold consent to the proposed assignation if there are reasonable grounds for doing so; and, in particular, the landlord may withhold consent if not satisfied that the proposed assignee—
- (a) would have the ability to pay—
@@ -186,6 +186,20 @@
- (b) has the skills or experience that would be required properly to manage and maintain the land in accordance with the rules of good husbandry.
- (3A) Where the tenant proposes to assign the lease to a person who is a near relative of the tenant, the only grounds on which the landlord can withhold consent to the proposed assignation are the following—
- (a) that the person is not of good character,
- (b) that the person does not have sufficient resources to enable the person to farm the land with reasonable efficiency,
- (c) subject to subsection (3B), that the person has neither sufficient training in agriculture nor sufficient experience in the farming of land to enable the person to farm the land with reasonable efficiency.
- (3B) The ground of objection in subsection (3A)(c) does not apply where the person—
- (a) is engaged in or will begin, before the expiry of the period of 6 months beginning with the date of the notice under subsection (2), a course of relevant training in agriculture which the person is expected to complete satisfactorily within 4 years from that date, and
- (b) has made arrangements to secure that the land is farmed with reasonable efficiency until the person completes that course.
- (4) Any such withholding of consent (and the grounds for withholding it) is to be intimated in writing to the tenant within 30 days of the giving of the notice under subsection (2); and, if no such intimation is made, the landlord is (except where the landlord exercises the right under subsection (5) to acquire the tenant’s interest in the lease) deemed to have consented to the proposed assignation.
- (5) Where the landlord has been given notice under subsection (2), the landlord is entitled to acquire the tenant’s interest in the lease provided that—
@@ -200,6 +214,34 @@
- (b) the terms upon which the landlord acquires that interest are no less favourable to the tenant than any reasonable terms upon which the proposed assignation was to have been made.
- (5A) For the purposes of subsection (3A), “*near relative*”, in relation to a tenant of an agricultural holding, means—
- (a) a parent of the tenant,
- (b) a spouse or civil partner of the tenant,
- (c) a child of the tenant,
- (d) a spouse or civil partner of such a child,
- (e) a grandchild of the tenant,
- (f) a brother or sister of the tenant,
- (g) a spouse or civil partner of such a brother or sister,
- (h) a child of a brother or sister of the tenant,
- (i) a grandchild of a brother or sister of the tenant,
- (j) a brother or sister of the tenant's spouse or civil partner,
- (k) a spouse or civil partner of such a brother or sister,
- (l) a child of such a brother or sister,
- (m) a grandchild of such a brother or sister.
- (6) For the purposes of subsection (3)(b), what is good husbandry is to be construed by reference to the Sixth Schedule to the Agriculture (Scotland) Act 1948 (c. 45).
- (7) A tenant may sublet the land comprised in a lease constituting a limited duration tenancy only on such basis as the lease expressly permits.
@@ -262,7 +304,7 @@
##### 9
- (A1) Where, by virtue of any provision, a review of rent due as payable under a lease constituting a limited duration tenancy—
- (A1) Where, by virtue of any provision, a review of rent due as payable under a lease constituting a limited duration tenancy , a modern limited duration tenancy or a repairing tenancy —
- (a) may be initiated only by the landlord; or
@@ -270,7 +312,9 @@
the provision concerned is void and the rent due as payable under the lease is instead to be reviewed and determined in accordance with this section.
- (1) Where a lease constituting a limited duration tenancy makes no provision for review of rent, the rent due as payable under the lease is to be reviewed and determined in accordance with this section.
- (1) Where a lease constituting a limited duration tenancy or a modern limited duration tenancy makes no provision for review of rent, the rent due as payable under the lease is to be reviewed and determined in accordance with this section.
- (1A) The rent due as payable under a lease constituting a repairing tenancy is to be reviewed and determined in accordance with this section.
- (2) A rent review is to take place on such date as the landlord or tenant may specify in a notice in writing to the other provided that—
@@ -330,6 +374,12 @@
- (8) The rent determined in accordance with this section is to take effect from the date of the rent review.
- (2) The landlord may initiate a review of the rent that is to be payable under the lease by serving a notice in writing on the tenant.
- (3) The tenant may initiate such a review by serving a notice in writing on the landlord.
- (4) A notice served under subsection (2) or (3) is a “rent review notice”.
#### Increase in rent: landlord’s improvements
##### 10
@@ -338,9 +388,15 @@
- (a) at the request of, or in agreement with, the tenant;
- (b) in pursuance of an undertaking given by the landlord by virtue of section 49(2) (as read with section 39(3) of the 1991 Act); or
- (c) in compliance with a direction given by the Scottish Ministers under powers conferred on them by or under any enactment,
- (b) in pursuance of an undertaking given by the landlord by virtue of section 49(2) (as read with section 39(3) of the 1991 Act); ...
- (c) in compliance with a direction given by the Scottish Ministers under powers conferred on them by or under any enactment, or
- (d) after giving a landlord improvement notice in accordance with section 10A and—
- (i) the tenant has not given notice of objection in accordance with section 10B, or
- (ii) the tenant has given such notice of objection but the Land Court has approved the improvement under section 10C,
subject to subsections (2) and (3), the rent payable is to be increased as from the completion of the improvement by an amount equal to the increase in the rental value of the land resulting from the carrying out of the improvement.
@@ -565,6 +621,12 @@
- (1) Without prejudice to any rule of law, it is for the landlord and tenant to provide in the lease constituting a short limited duration tenancy or a limited duration tenancy what grounds there are for irritancy of the lease.
- (2) Any term of such a lease or of an agreement in connection with the lease that provides for the lease to be irritated solely on the grounds that the tenant is not or has not been resident on the land is of no effect.
- (2A) Where such a lease may be irritated on the grounds that the rent is due and unpaid, notice as mentioned in subsection (7) may not be given unless—
- (a) the landlord has given the tenant a demand in writing requiring the tenant to pay the rent due before the expiry of the period of 2 months beginning with the date of the demand, and
- (b) the demand has not been complied with.
- (3) Where such a lease may be irritated on the grounds that the tenant is not using the land in accordance with the rules of good husbandry, what is good husbandry is to be construed, subject to subsections (4) and (5), by reference to the Sixth Schedule to the Agriculture (Scotland) Act 1948 (c. 45).
@@ -632,9 +694,45 @@
##### 21
- (1) Subject to subsections (2) and (3), the tenant of a short limited duration tenancy or a limited duration tenancy may, by will or other testamentary writing, bequeath the lease constituting the tenancy to the tenant’s son-in-law or daughter-in-law or to any one of the persons who would be, or would in any circumstances have been, entitled to succeed to the estate on intestacy by virtue of the 1964 Act.
- (2) Subsections (2) to (7) of section 11 (bequest of lease) of the 1991 Act apply in relation to subsection (1) as they do in relation to subsection (1) of that section, but as if, in subsection (2), the words “of a holding” were omitted.
- (1) Subject to subsections (2) and (3), the tenant of a short limited duration tenancy or a limited duration tenancy may, by will or other testamentary writing, bequeath the lease constituting the tenancy to any one of the persons mentioned in subsection (1A) .
- (1A) The persons referred to in subsection (1) are—
- (a) any person who would be, or would in any circumstances have been, entitled to succeed to the tenant's estate on intestacy by virtue of the Succession (Scotland) Act 1964,
- (b) a spouse or civil partner of a child of the tenant,
- (c) a spouse or civil partner of a grandchild of the tenant,
- (d) a spouse or civil partner of a brother or sister of the tenant,
- (e) a brother or sister of the tenant's spouse or civil partner,
- (f) a spouse or civil partner of such a brother or sister,
- (g) a child (including a step-child) of such a brother or sister,
- (h) a grandchild (including a step-grandchild) of such a brother or sister,
- (i) a step-child of the tenant,
- (j) a spouse or civil partner of such a step-child,
- (k) a descendant of such a step-child,
- (l) a step-brother or step-sister of the tenant,
- (m) a spouse or civil partner of such a step-brother or step-sister,
- (n) a descendant of such a step-brother or step-sister.
- (2) Sections 11(2) and (3), 12A, 12B and 12C(1) and (2) of the 1991 Act apply in relation to subsection (1) as they do in relation to section 11(1), subject to the following modifications—
- (a) in section 11(2), the words “of a holding” and “of the holding” are omitted,
- (b) in section 12A, in subsections (3)(b) and (c) and (4)(b), for “holding” substitute “ land comprised in the lease ”,
- (c) in section 12C, in subsection (1), for “holding” substitute “ land comprised in the lease ”.
- (3) If the person to whom the lease is so bequeathed does not accept the bequest, or if the bequest is declared null and void by virtue of subsection (2), the right to the lease is, subject to section 16(4A) to (4E) of the 1964 Act, to be treated as intestate estate of the deceased in accordance with Part I of that Act.
@@ -644,13 +742,17 @@
- (1) A person to whom a lease constituting a short limited duration tenancy or a limited duration tenancy is transferred under section 16 (provisions relating to leases) of the 1964 Act must give notice of the transfer to the landlord within 21 days of the transfer or (where that is not possible) as soon as practicable thereafter; and the lease is, subject to subsections (2) and (3), binding on the landlord and that person as landlord and tenant respectively as from the date of the transfer if such notice is given.
- (2) Subsections (2) to (4) of section 12 (right of landlord to object to acquirer of lease) of the 1991 Act apply in relation to subsection (1) as they do in relation to subsection (1) of that section, but as if—
- (a) in subsection (2), the reference to notice given under subsection (1) of that section were a reference to notice given under subsection (1) above;
- (b) in subsection (4), the reference to proceeding under that section were a reference to proceedings by virtue of this section; and
- (c) the references in those subsections to the acquirer were references to the person to whom the lease constituting the tenancy is transferred as mentioned in subsection (1) above.
- (2) Sections 12A, 12B and 12C(1), (2) and (5) of the 1991 Act apply in relation to subsection (1) as they do in relation to section 12(1), subject to the following modifications—
- (a) in section 12A—
- (i) in subsection (2), the reference to notice given under section 12(1) is to be read as a reference to notice given under subsection (1),
- (ii) in subsections (3)(b) and (c) and (4)(b), for “holding” substitute “ land comprised in the lease ”,
- (b) in section 12B(2), the reference to notice given under section 12(1) is to be read as a reference to notice given under subsection (1),
- (c) in section 12C, in subsection (1), for “holding” substitute “ land comprised in the lease ”.
- (3) Where a lease constituting a short limited duration tenancy or a limited duration tenancy is transferred to a person under subsections (4A) and (4B)(b) of section 16 of the 1964 Act, the landlord is entitled to acquire the person’s interest in the lease provided that—
@@ -828,11 +930,11 @@
- (v) implementing missives for the sale and purchase of land concluded, or an option to acquire land which existed on a date on which no notice of interest in acquiring the land was registered under section 25;
- (vi) conveying a house to a person who has purchased it in pursuance of the tenant’s right to buy it under Part III of the Housing (Scotland) Act 1987 (c. 26);
- (vi) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (vii) which requires, or which but for the provisions of section 14 of that Act would require, the consent of the Scottish Ministers under subsection (5) or (7) of section 12 of that Act;
- (viii) by a registered social landlord (within the meaning of the Housing (Scotland) Act [2010 (asp 17)](https://www.legislation.gov.uk/asp/2010/17)) in pursuance of the power conferred by section 107 of that Act;
- (viii) by a registered social landlord (within the meaning of the Housing (Scotland) Act [2010 (asp 17)](https://www.legislation.gov.uk/asp/2010/17) ) in pursuance of the power conferred by section 107 of that Act;
- (ix) vesting the land in a person for the purposes of any enactment relating to sequestration, bankruptcy, winding up or incapacity or to the purposes for which judicial factors may be appointed; or
@@ -1250,7 +1352,7 @@
##### 40
- (1) A tenant under a tenancy mentioned in section 39(1) who intends to use the land for a non-agricultural purpose must send a notice (in this section and section 41 referred to as a “*notice of diversification*”) to the landlord.
- (1) A tenant under a tenancy mentioned in section 39(1) who intends to use the land for a non-agricultural purpose must send a notice (in this section and in sections 40A and 41 referred to as a “*notice of diversification*”) to the landlord.
- (2) The notice of diversification must be given in writing not less than 70 days before the date on which the tenant proposes to commence using the land for that purpose and must specify—
@@ -1284,21 +1386,43 @@
- (a) the date specified under subsection (2)(d);
- (b) where the landlord has made—
- (i) a request for information under subsection (6), the date falling 70 days from the making of the request; or
- (ii) more than one such request, the date falling 70 days from making of the later or, as the case may be, latest request,
if later than the date so specified; or
- (b) where the landlord has made a request for information under subsection (6), the date falling 70 days from the making of the request, if later than the date so specified,
- (c) such earlier date as the landlord and tenant may agree to.
- (6) The landlord may—
- (a) within 30 days of the giving of the notice of diversification, request the tenant to provide the landlord with relevant information; and
- (b) within 30 days of the providing by the tenant of any relevant information, request the tenant to provide the landlord with further relevant information.
- (5A) Where the landlord objects to the notice of diversification, the land may be used for the purpose specified under paragraph (a), and as specified under paragraphs (b) and (c), of subsection (2)—
- (a) only if—
- (i) the landlord withdraws the objection,
- (ii) the landlord does not apply under section 40A for a determination in relation to the objection, or
- (iii) such an application having been made, the Land Court determines under section 41 that the objection is unreasonable,
- (b) from the relevant date, and
- (c) subject to any conditions imposed—
- (i) by the landlord under subsection (14), or
- (ii) by the Land Court under section 41(2) or (3).
- (5B) For the purposes of subsection (5A)(b), the relevant date is—
- (a) where no application is made under section 40A—
- (i) the date specified under subsection (2)(d),
- (ii) if the objection is withdrawn, the date of the withdrawal,
- (iii) the date the period mentioned in section 40A(3) expires,
whichever is the later,
- (b) where an application is made under section 40A, the date fixed by the Land Court under section 41(1)(b)(ii).
- (6) The landlord may, on one occasion within 30 days of the giving of the notice of diversification, request the tenant to provide the landlord with relevant information.
- (7) For the purposes of subsection (6), information is relevant if it—
@@ -1338,21 +1462,23 @@
- (12) The period is—
- (a) where the landlord has made—
- (i) a request for information under subsection (6), 60 days from the making of the request; or
- (ii) more than one such request, 60 days from the making of the later or, as the case may be, latest request; or
- (a) where the landlord has made a request for information under subsection (6), 60 days from the making of the request,
- (b) where the landlord has made no such request, 60 days from the giving of the notice of diversification.
- (13) If no notification is given in accordance with subsections (11) and (12), the landlord is, except where the non-agricultural purpose is the planting and cropping of trees, deemed not to have objected to the notice of diversification nor to have imposed any conditions in relation to use of, or changes to, the land.
- (14) Where the landlord withdraws the objection under subsection (9) before the expiry of the period mentioned in section 40A(3), the landlord—
- (a) must notify the tenant in writing of the withdrawal, and
- (b) may impose any conditions as mentioned in subsection (10) and, where such conditions are imposed, must, at the same time as notifying the tenant of the withdrawal of the objection, notify the tenant in writing of the conditions (and the reasons for imposing them).
#### Imposition of conditions by Land Court
##### 41
- (1) Where the Land Court determines that an objection by the landlord to a notice of diversification is unreasonable—
- (1) Where , on an application made by the landlord under section 40A(2), the Land Court determines that an objection by the landlord to a notice of diversification is unreasonable—
- (a) the objection is of no effect; and
@@ -1364,9 +1490,9 @@
subject to any conditions imposed under subsection (2).
- (2) Where, by virtue of subsection (1), the land may be used as mentioned in section 40(4)(a), the Land Court may impose on the tenant such reasonable conditions in relation to the use of the land as so mentioned as it considers appropriate.
- (3) Where the Land Court determines that a condition imposed by the landlord under section 40(10) is unreasonable, the Court may—
- (2) Where, by virtue of subsection (1), the land may be used as mentioned in section 40(4)(a) or (5A) , the Land Court may impose on the tenant such reasonable conditions in relation to the use of the land as so mentioned as it considers appropriate.
- (3) Where , on the application of the tenant, the Land Court determines that a condition imposed by the landlord under section 40(10) or, as the case may be, (14) is unreasonable, the Court may—
- (a) remove the condition; and
@@ -1452,6 +1578,8 @@
was in contravention of a term of the lease or any agreement made by the tenant as to the method of cropping the arable lands.
- (4) Where a tenant has remained in occupation of the land during two or more tenancies, the tenant is not deprived of any right to compensation under subsection (1) by reason only that the improvements were not carried out during the tenancy on the termination of which the tenant quits the land.
- (5) Nothing in any order made under section 73 of the 1991 Act which varies the provisions of schedule 5 to that Act affects the right of a tenant of a short limited duration tenancy, a limited duration tenancy or a modern limited duration tenancy to claim, in respect of an improvement made or begun before the date on which such order comes into force, any compensation to which, but for the making of the order, the tenant would have been entitled.
#### Payment of compensation by incoming tenant
@@ -2572,9 +2700,9 @@
- (3) A statutory instrument containing—
- (a) an order under section 18(4)(b)(ii), 25(7), 72(11) or, except where subsection (5) applies, section 92; or
- (b) regulations under section 25(3) or 26(2),
- (a) an order under section 18(4)(b)(ii)..., 72(11) or, except where subsection (5) applies, section 92; or
- (b) regulations under section 5B(3), 9A(3), 18A(4)(b)(ii), 26(2), 38A(4)(c), 38B(6)(e), 38L(4)(c) or 38P(2) ,
is subject to annulment in pursuance of a resolution of the Parliament.
@@ -2582,7 +2710,7 @@
- (a) an order under section 27(5), 28(5), 70(9), 71(4) or 83; or
- (b) regulations under section 36(7) or 74,
- (b) regulations under section 9B(3), 9C(6), 36(7) , 38C(1), 38D(4), 38M(1), 38O(4), 59A , 74 or 74A,
is not made unless a draft of the instrument has been laid before, and approved by resolution of, the Parliament.
@@ -2594,7 +2722,7 @@
- (1) The Scottish Ministers may by order make such incidental, supplemental, consequential, transitional, transitory or saving provision as they consider necessary or expedient for the purposes of or in consequence of this Act.
- (2) An order under subsection (1) may, in particular, amend provisions of any enactment which apply to 1991 Act tenancies or land held under 1991 Act tenancies so as to apply them to short limited duration tenancies and limited duration tenancies or land held under such tenancies.
- (2) An order under subsection (1) may, in particular, amend provisions of any enactment which apply to 1991 Act tenancies or land held under 1991 Act tenancies so as to apply them to short limited duration tenancies , limited duration tenancies, modern limited duration tenancies and repairing tenancies or land held under such tenancies.
#### Interpretation
@@ -2614,15 +2742,17 @@
- “*the Land Court*” means the Scottish Land Court;
- “*landlord*” means any person for the time being entitled to receive the rents under a lease constituting a tenancy and includes the executor, assignee, legatee, disponee, guardian, legal representative (within the meaning of Part I of the Children (Scotland) Act 1995 (c. 36)) or permanent or interim trustee (within the meaning of the Bankruptcy (Scotland) Act 1985 (c. 66)), of a landlord;
- “*landlord*” means any person for the time being entitled to receive the rents under a lease constituting a tenancy and includes the executor, assignee, legatee, disponee, guardian or legal representative (within the meaning of Part I of the Children (Scotland) Act 1995 (c. 36)) of a landlord or the trustee or interim trustee in the sequestration, under the Bankruptcy (Scotland) Act 2016, of a landlord's estate;
- “*limited duration tenancy*” is to be construed in accordance with section 5;
- “*the Parliament*” means the Scottish Parliament;
- “*repairing tenancy*” is to be construed in accordance with section 5C,
- “*short limited duration tenancy*” is to be construed in accordance with section 4;
- “*tenant*” means the holder of land under a tenancy constituted by a lease and includes the executor, assignee, legatee, disponee, guardian, legal representative (within the meaning of Part I of the Children (Scotland) Act 1995) or permanent or interim trustee (within the meaning of the Bankruptcy (Scotland) Act 1985), of a tenant;
- “*tenant*” means the holder of land under a tenancy constituted by a lease and includes the executor, assignee, legatee, disponee, guardian or legal representative (within the meaning of Part I of the Children (Scotland) Act 1995) of a tenant or the trustee or interim trustee in the sequestration, under the Bankruptcy (Scotland) Act 2016, of a tenant's estate;
- “*termination*”, in relation to a tenancy, means the termination of the lease constituting the tenancy.
@@ -3270,7 +3400,7 @@
#### Variation of rent
#### Amount of compensation where grant made to tenant
#### Effect of termination of tenancy where tenant deceased
#### Compensation arising as a result of diversification etc.
@@ -3280,7 +3410,7 @@
#### Power of Land Court to grant remedies etc.
#### Ancillary provision
#### Interdict in certain cases
#### Agriculture Act 1986 (c. 49)
@@ -3298,11 +3428,11 @@
[^key-7d8dd0161e929c74c0d292cedb05f415]: S. 1 in force at 27.11.2003 by [S.S.I. 2003/548](https://www.legislation.gov.uk/ssi/2003/548), [art. 2(a)](https://www.legislation.gov.uk/ssi/2003/548/article/2/a) (with [Sch.](https://www.legislation.gov.uk/ssi/2003/548/schedule))
[^key-b0018885e2d4d1866146d7747ff08f19]: [S. 2](https://www.legislation.gov.uk/asp/2003/11/section/2) in force at 27.11.2003 by [S.S.I. 2003/548](https://www.legislation.gov.uk/ssi/2003/548), [art. 2(a)](https://www.legislation.gov.uk/ssi/2003/548/article/2/a) (with [Sch.](https://www.legislation.gov.uk/ssi/2003/548/schedule))
[^key-4aad99d7c75b475270473746959fb38f]: [S. 3](https://www.legislation.gov.uk/asp/2003/11/section/3) in force at 27.11.2003 by [S.S.I. 2003/548](https://www.legislation.gov.uk/ssi/2003/548), [art. 2(a)](https://www.legislation.gov.uk/ssi/2003/548/article/2/a) (with [Sch.](https://www.legislation.gov.uk/ssi/2003/548/schedule))
[^key-f39085cb2c40eafca49b754332d0a3be]: [S. 4](https://www.legislation.gov.uk/asp/2003/11/section/4) in force at 27.11.2003 by [S.S.I. 2003/548](https://www.legislation.gov.uk/ssi/2003/548), [art. 2(a)](https://www.legislation.gov.uk/ssi/2003/548/article/2/a) (with [Sch.](https://www.legislation.gov.uk/ssi/2003/548/schedule))
[^key-b0018885e2d4d1866146d7747ff08f19]: S. 2 in force at 27.11.2003 by [S.S.I. 2003/548](https://www.legislation.gov.uk/ssi/2003/548), [art. 2(a)](https://www.legislation.gov.uk/ssi/2003/548/article/2/a) (with [Sch.](https://www.legislation.gov.uk/ssi/2003/548/schedule))
[^key-4aad99d7c75b475270473746959fb38f]: S. 3 in force at 27.11.2003 by [S.S.I. 2003/548](https://www.legislation.gov.uk/ssi/2003/548), [art. 2(a)](https://www.legislation.gov.uk/ssi/2003/548/article/2/a) (with [Sch.](https://www.legislation.gov.uk/ssi/2003/548/schedule))
[^key-f39085cb2c40eafca49b754332d0a3be]: S. 4 in force at 27.11.2003 by [S.S.I. 2003/548](https://www.legislation.gov.uk/ssi/2003/548), [art. 2(a)](https://www.legislation.gov.uk/ssi/2003/548/article/2/a) (with [Sch.](https://www.legislation.gov.uk/ssi/2003/548/schedule))
[^key-518a01d674b323d5bd762866fe01c9e7]: S. 5 in force at 27.11.2003 by [S.S.I. 2003/548](https://www.legislation.gov.uk/ssi/2003/548), [art. 2(a)](https://www.legislation.gov.uk/ssi/2003/548/article/2/a) (with [Sch.](https://www.legislation.gov.uk/ssi/2003/548/schedule))
@@ -3334,87 +3464,87 @@
[^key-95e5e836035ef953596dd488e1887455]: S. 19 in force at 27.11.2003 by [S.S.I. 2003/548](https://www.legislation.gov.uk/ssi/2003/548), [art. 2(a)](https://www.legislation.gov.uk/ssi/2003/548/article/2/a) (with [Sch.](https://www.legislation.gov.uk/ssi/2003/548/schedule))
[^key-bc69b2c70ebbb490a51dbdefc6b60921]: [S. 20](https://www.legislation.gov.uk/asp/2003/11/section/20) in force at 27.11.2003 by [S.S.I. 2003/548](https://www.legislation.gov.uk/ssi/2003/548), [art. 2(a)](https://www.legislation.gov.uk/ssi/2003/548/article/2/a) (with [Sch.](https://www.legislation.gov.uk/ssi/2003/548/schedule))
[^key-b355b4e11c45926b703534e92c7aeef6]: [S. 21](https://www.legislation.gov.uk/asp/2003/11/section/21) in force at 27.11.2003 by [S.S.I. 2003/548](https://www.legislation.gov.uk/ssi/2003/548), [art. 2(a)](https://www.legislation.gov.uk/ssi/2003/548/article/2/a) (with [Sch.](https://www.legislation.gov.uk/ssi/2003/548/schedule))
[^key-bd6d293d2ce4a039d4078ed9627af0bc]: [S. 22](https://www.legislation.gov.uk/asp/2003/11/section/22) in force at 27.11.2003 by [S.S.I. 2003/548](https://www.legislation.gov.uk/ssi/2003/548), [art. 2(a)](https://www.legislation.gov.uk/ssi/2003/548/article/2/a) (with [Sch.](https://www.legislation.gov.uk/ssi/2003/548/schedule))
[^key-b8784fa6aa264ac67ddb9e4c86a30ea5]: [S. 23](https://www.legislation.gov.uk/asp/2003/11/section/23) in force at 27.11.2003 by [S.S.I. 2003/548](https://www.legislation.gov.uk/ssi/2003/548), [art. 2(a)](https://www.legislation.gov.uk/ssi/2003/548/article/2/a) (with [Sch.](https://www.legislation.gov.uk/ssi/2003/548/schedule))
[^key-bc69b2c70ebbb490a51dbdefc6b60921]: S. 20 in force at 27.11.2003 by [S.S.I. 2003/548](https://www.legislation.gov.uk/ssi/2003/548), [art. 2(a)](https://www.legislation.gov.uk/ssi/2003/548/article/2/a) (with [Sch.](https://www.legislation.gov.uk/ssi/2003/548/schedule))
[^key-b355b4e11c45926b703534e92c7aeef6]: S. 21 in force at 27.11.2003 by [S.S.I. 2003/548](https://www.legislation.gov.uk/ssi/2003/548), [art. 2(a)](https://www.legislation.gov.uk/ssi/2003/548/article/2/a) (with [Sch.](https://www.legislation.gov.uk/ssi/2003/548/schedule))
[^key-bd6d293d2ce4a039d4078ed9627af0bc]: S. 22 in force at 27.11.2003 by [S.S.I. 2003/548](https://www.legislation.gov.uk/ssi/2003/548), [art. 2(a)](https://www.legislation.gov.uk/ssi/2003/548/article/2/a) (with [Sch.](https://www.legislation.gov.uk/ssi/2003/548/schedule))
[^key-b8784fa6aa264ac67ddb9e4c86a30ea5]: S. 23 in force at 27.11.2003 by [S.S.I. 2003/548](https://www.legislation.gov.uk/ssi/2003/548), [art. 2(a)](https://www.legislation.gov.uk/ssi/2003/548/article/2/a) (with [Sch.](https://www.legislation.gov.uk/ssi/2003/548/schedule))
[^key-6903f8450eb9a048f954969bfaf51949]: S. 25(3)(7) in force at 27.11.2003 by [S.S.I. 2003/548](https://www.legislation.gov.uk/ssi/2003/548), [art. 2(b)(i)](https://www.legislation.gov.uk/ssi/2003/548/article/2/b/i) (with [Sch.](https://www.legislation.gov.uk/ssi/2003/548/schedule))
[^key-c0c12eead2a168ec7f4e905c8ca6836e]: [S. 26(2)](https://www.legislation.gov.uk/asp/2003/11/section/26/2) in force at 27.11.2003 by [S.S.I. 2003/548](https://www.legislation.gov.uk/ssi/2003/548), [art. 2(b)(ii)](https://www.legislation.gov.uk/ssi/2003/548/article/2/b/ii) (with [Sch.](https://www.legislation.gov.uk/ssi/2003/548/schedule))
[^key-c0c12eead2a168ec7f4e905c8ca6836e]: S. 26(2) in force at 27.11.2003 by [S.S.I. 2003/548](https://www.legislation.gov.uk/ssi/2003/548), [art. 2(b)(ii)](https://www.legislation.gov.uk/ssi/2003/548/article/2/b/ii) (with [Sch.](https://www.legislation.gov.uk/ssi/2003/548/schedule))
[^key-03175c31c176b4b41fa5376da8ddd619]: S. 27(5) in force at 27.11.2003 by [S.S.I. 2003/548](https://www.legislation.gov.uk/ssi/2003/548), [art. 2(b)(iii)](https://www.legislation.gov.uk/ssi/2003/548/article/2/b/iii) (with [Sch.](https://www.legislation.gov.uk/ssi/2003/548/schedule))
[^key-73b46776c5abbdfd7330c7abb474e322]: [S. 28(5)](https://www.legislation.gov.uk/asp/2003/11/section/28/5) in force at 27.11.2003 by [S.S.I. 2003/548](https://www.legislation.gov.uk/ssi/2003/548), [art. 2(b)(iv)](https://www.legislation.gov.uk/ssi/2003/548/article/2/b/iv) (with [Sch.](https://www.legislation.gov.uk/ssi/2003/548/schedule))
[^key-892ff715baf08ed2b3bc1a79f580446d]: [S. 34(6)](https://www.legislation.gov.uk/asp/2003/11/section/34/6) in force at 27.11.2003 by [S.S.I. 2003/548](https://www.legislation.gov.uk/ssi/2003/548), [art. 2(b)(v)](https://www.legislation.gov.uk/ssi/2003/548/article/2/b/v) (with [Sch.](https://www.legislation.gov.uk/ssi/2003/548/schedule))
[^key-2dbe8860eebeb4a8a75fac2c961c6eac]: [S. 36(7)](https://www.legislation.gov.uk/asp/2003/11/section/36/7) in force at 27.11.2003 by [S.S.I. 2003/548](https://www.legislation.gov.uk/ssi/2003/548), [art. 2(b)(vi)](https://www.legislation.gov.uk/ssi/2003/548/article/2/b/vi) (with [Sch.](https://www.legislation.gov.uk/ssi/2003/548/schedule))
[^key-ac6cb0896f0eb62fdb1e1bf9e171cce6]: [S. 39](https://www.legislation.gov.uk/asp/2003/11/section/39) in force at 27.11.2003 by [S.S.I. 2003/548](https://www.legislation.gov.uk/ssi/2003/548), [art. 2(c)](https://www.legislation.gov.uk/ssi/2003/548/article/2/c) (with [Sch.](https://www.legislation.gov.uk/ssi/2003/548/schedule))
[^key-dcd1c71a556c3209b3edd6a7d304c5ac]: [S. 40](https://www.legislation.gov.uk/asp/2003/11/section/40) in force at 27.11.2003 by [S.S.I. 2003/548](https://www.legislation.gov.uk/ssi/2003/548), [art. 2(c)](https://www.legislation.gov.uk/ssi/2003/548/article/2/c) (with [Sch.](https://www.legislation.gov.uk/ssi/2003/548/schedule))
[^key-9c287cf277153859294cda881264ea79]: [S. 41](https://www.legislation.gov.uk/asp/2003/11/section/41) in force at 27.11.2003 by [S.S.I. 2003/548](https://www.legislation.gov.uk/ssi/2003/548), [art. 2(c)](https://www.legislation.gov.uk/ssi/2003/548/article/2/c) (with [Sch.](https://www.legislation.gov.uk/ssi/2003/548/schedule))
[^key-8b84e24e6496985d0c815f569e5d2de6]: [S. 42](https://www.legislation.gov.uk/asp/2003/11/section/42) in force at 27.11.2003 by [S.S.I. 2003/548](https://www.legislation.gov.uk/ssi/2003/548), [art. 2(c)](https://www.legislation.gov.uk/ssi/2003/548/article/2/c) (with [Sch.](https://www.legislation.gov.uk/ssi/2003/548/schedule))
[^key-d3f39296d36eea92d3dac38a376e1ebb]: [S. 43](https://www.legislation.gov.uk/asp/2003/11/section/43) in force at 27.11.2003 by [S.S.I. 2003/548](https://www.legislation.gov.uk/ssi/2003/548), [art. 2(d)](https://www.legislation.gov.uk/ssi/2003/548/article/2/d) (with [Sch.](https://www.legislation.gov.uk/ssi/2003/548/schedule))
[^key-b4c0a317cc1d33bba362d532d8b5b823]: [S. 44](https://www.legislation.gov.uk/asp/2003/11/section/44) in force at 27.11.2003 by [S.S.I. 2003/548](https://www.legislation.gov.uk/ssi/2003/548), [art. 2(d)](https://www.legislation.gov.uk/ssi/2003/548/article/2/d) (with [Sch.](https://www.legislation.gov.uk/ssi/2003/548/schedule))
[^key-73b46776c5abbdfd7330c7abb474e322]: S. 28(5) in force at 27.11.2003 by [S.S.I. 2003/548](https://www.legislation.gov.uk/ssi/2003/548), [art. 2(b)(iv)](https://www.legislation.gov.uk/ssi/2003/548/article/2/b/iv) (with [Sch.](https://www.legislation.gov.uk/ssi/2003/548/schedule))
[^key-892ff715baf08ed2b3bc1a79f580446d]: S. 34(6) in force at 27.11.2003 by [S.S.I. 2003/548](https://www.legislation.gov.uk/ssi/2003/548), [art. 2(b)(v)](https://www.legislation.gov.uk/ssi/2003/548/article/2/b/v) (with [Sch.](https://www.legislation.gov.uk/ssi/2003/548/schedule))
[^key-2dbe8860eebeb4a8a75fac2c961c6eac]: S. 36(7) in force at 27.11.2003 by [S.S.I. 2003/548](https://www.legislation.gov.uk/ssi/2003/548), [art. 2(b)(vi)](https://www.legislation.gov.uk/ssi/2003/548/article/2/b/vi) (with [Sch.](https://www.legislation.gov.uk/ssi/2003/548/schedule))
[^key-ac6cb0896f0eb62fdb1e1bf9e171cce6]: S. 39 in force at 27.11.2003 by [S.S.I. 2003/548](https://www.legislation.gov.uk/ssi/2003/548), [art. 2(c)](https://www.legislation.gov.uk/ssi/2003/548/article/2/c) (with [Sch.](https://www.legislation.gov.uk/ssi/2003/548/schedule))
[^key-dcd1c71a556c3209b3edd6a7d304c5ac]: S. 40 in force at 27.11.2003 by [S.S.I. 2003/548](https://www.legislation.gov.uk/ssi/2003/548), [art. 2(c)](https://www.legislation.gov.uk/ssi/2003/548/article/2/c) (with [Sch.](https://www.legislation.gov.uk/ssi/2003/548/schedule))
[^key-9c287cf277153859294cda881264ea79]: S. 41 in force at 27.11.2003 by [S.S.I. 2003/548](https://www.legislation.gov.uk/ssi/2003/548), [art. 2(c)](https://www.legislation.gov.uk/ssi/2003/548/article/2/c) (with [Sch.](https://www.legislation.gov.uk/ssi/2003/548/schedule))
[^key-8b84e24e6496985d0c815f569e5d2de6]: S. 42 in force at 27.11.2003 by [S.S.I. 2003/548](https://www.legislation.gov.uk/ssi/2003/548), [art. 2(c)](https://www.legislation.gov.uk/ssi/2003/548/article/2/c) (with [Sch.](https://www.legislation.gov.uk/ssi/2003/548/schedule))
[^key-d3f39296d36eea92d3dac38a376e1ebb]: S. 43 in force at 27.11.2003 by [S.S.I. 2003/548](https://www.legislation.gov.uk/ssi/2003/548), [art. 2(d)](https://www.legislation.gov.uk/ssi/2003/548/article/2/d) (with [Sch.](https://www.legislation.gov.uk/ssi/2003/548/schedule))
[^key-b4c0a317cc1d33bba362d532d8b5b823]: S. 44 in force at 27.11.2003 by [S.S.I. 2003/548](https://www.legislation.gov.uk/ssi/2003/548), [art. 2(d)](https://www.legislation.gov.uk/ssi/2003/548/article/2/d) (with [Sch.](https://www.legislation.gov.uk/ssi/2003/548/schedule))
[^key-1a2066711dca46a5ee24bbcfb76d9313]: S. 45 in force at 27.11.2003 by [S.S.I. 2003/548](https://www.legislation.gov.uk/ssi/2003/548), [art. 2(d)](https://www.legislation.gov.uk/ssi/2003/548/article/2/d) (with [sch.](https://www.legislation.gov.uk/ssi/2003/548/schedule))
[^key-99ec722bfe493978ff8565bcf7ed401d]: [S. 46](https://www.legislation.gov.uk/asp/2003/11/section/46) in force at 27.11.2003 by [S.S.I. 2003/548](https://www.legislation.gov.uk/ssi/2003/548), [art. 2(d)](https://www.legislation.gov.uk/ssi/2003/548/article/2/d) (with [Sch.](https://www.legislation.gov.uk/ssi/2003/548/schedule))
[^key-99ec722bfe493978ff8565bcf7ed401d]: S. 46 in force at 27.11.2003 by [S.S.I. 2003/548](https://www.legislation.gov.uk/ssi/2003/548), [art. 2(d)](https://www.legislation.gov.uk/ssi/2003/548/article/2/d) (with [Sch.](https://www.legislation.gov.uk/ssi/2003/548/schedule))
[^key-c069bdab16e98352a8111880830cb67b]: S. 47 in force at 27.11.2003 by [S.S.I. 2003/548](https://www.legislation.gov.uk/ssi/2003/548), [art. 2(d)](https://www.legislation.gov.uk/ssi/2003/548/article/2/d) (with [sch.](https://www.legislation.gov.uk/ssi/2003/548/schedule))
[^key-c6db20176a8a0403e2e44761ce234ecf]: [S. 48](https://www.legislation.gov.uk/asp/2003/11/section/48) in force at 27.11.2003 by [S.S.I. 2003/548](https://www.legislation.gov.uk/ssi/2003/548), [art. 2(d)](https://www.legislation.gov.uk/ssi/2003/548/article/2/d) (with [Sch.](https://www.legislation.gov.uk/ssi/2003/548/schedule))
[^key-0ceda10235153e97250db596fb558635]: [S. 49](https://www.legislation.gov.uk/asp/2003/11/section/49) in force at 27.11.2003 by [S.S.I. 2003/548](https://www.legislation.gov.uk/ssi/2003/548), [art. 2(d)](https://www.legislation.gov.uk/ssi/2003/548/article/2/d) (with [Sch.](https://www.legislation.gov.uk/ssi/2003/548/schedule))
[^key-ee956ade55d247d07032b97182c8c7d2]: [S. 50](https://www.legislation.gov.uk/asp/2003/11/section/50) in force at 27.11.2003 by [S.S.I. 2003/548](https://www.legislation.gov.uk/ssi/2003/548), [art. 2(d)](https://www.legislation.gov.uk/ssi/2003/548/article/2/d) (with [Sch.](https://www.legislation.gov.uk/ssi/2003/548/schedule))
[^key-5ee25485e6caaa68178e01c82fabf5f8]: [S. 51](https://www.legislation.gov.uk/asp/2003/11/section/51) in force at 27.11.2003 by [S.S.I. 2003/548](https://www.legislation.gov.uk/ssi/2003/548), [art. 2(d)](https://www.legislation.gov.uk/ssi/2003/548/article/2/d) (with [Sch.](https://www.legislation.gov.uk/ssi/2003/548/schedule))
[^key-c6db20176a8a0403e2e44761ce234ecf]: S. 48 in force at 27.11.2003 by [S.S.I. 2003/548](https://www.legislation.gov.uk/ssi/2003/548), [art. 2(d)](https://www.legislation.gov.uk/ssi/2003/548/article/2/d) (with [Sch.](https://www.legislation.gov.uk/ssi/2003/548/schedule))
[^key-0ceda10235153e97250db596fb558635]: S. 49 in force at 27.11.2003 by [S.S.I. 2003/548](https://www.legislation.gov.uk/ssi/2003/548), [art. 2(d)](https://www.legislation.gov.uk/ssi/2003/548/article/2/d) (with [Sch.](https://www.legislation.gov.uk/ssi/2003/548/schedule))
[^key-ee956ade55d247d07032b97182c8c7d2]: S. 50 in force at 27.11.2003 by [S.S.I. 2003/548](https://www.legislation.gov.uk/ssi/2003/548), [art. 2(d)](https://www.legislation.gov.uk/ssi/2003/548/article/2/d) (with [Sch.](https://www.legislation.gov.uk/ssi/2003/548/schedule))
[^key-5ee25485e6caaa68178e01c82fabf5f8]: S. 51 in force at 27.11.2003 by [S.S.I. 2003/548](https://www.legislation.gov.uk/ssi/2003/548), [art. 2(d)](https://www.legislation.gov.uk/ssi/2003/548/article/2/d) (with [Sch.](https://www.legislation.gov.uk/ssi/2003/548/schedule))
[^key-dc43c61bd25d4ee08a3004bd46cf1856]: S. 52 in force at 27.11.2003 by [S.S.I. 2003/548](https://www.legislation.gov.uk/ssi/2003/548), [art. 2(d)](https://www.legislation.gov.uk/ssi/2003/548/article/2/d) (with [Sch.](https://www.legislation.gov.uk/ssi/2003/548/schedule))
[^key-f2fa700363899f760d7cb1dc50ba80e8]: S. 53 in force at 27.11.2003 by [S.S.I. 2003/548](https://www.legislation.gov.uk/ssi/2003/548), [art. 2(d)](https://www.legislation.gov.uk/ssi/2003/548/article/2/d) (with [Sch.](https://www.legislation.gov.uk/ssi/2003/548/schedule))
[^key-561fe7d9687a14b734a0fb42eaa6d9bb]: [S. 54](https://www.legislation.gov.uk/asp/2003/11/section/54) in force at 27.11.2003 by [S.S.I. 2003/548](https://www.legislation.gov.uk/ssi/2003/548), [art. 2(d)](https://www.legislation.gov.uk/ssi/2003/548/article/2/d) (with [Sch.](https://www.legislation.gov.uk/ssi/2003/548/schedule))
[^key-b1b760a85a22ab589c94e26b6b7428c2]: [S. 55](https://www.legislation.gov.uk/asp/2003/11/section/55) in force at 27.11.2003 by [S.S.I. 2003/548](https://www.legislation.gov.uk/ssi/2003/548), [art. 2(d)](https://www.legislation.gov.uk/ssi/2003/548/article/2/d) (with [Sch.](https://www.legislation.gov.uk/ssi/2003/548/schedule))
[^key-19e61e10b976f6d561614f910a62dec5]: [S. 56](https://www.legislation.gov.uk/asp/2003/11/section/56) in force at 27.11.2003 by [S.S.I. 2003/548](https://www.legislation.gov.uk/ssi/2003/548), [art. 2(d)](https://www.legislation.gov.uk/ssi/2003/548/article/2/d) (with [Sch.](https://www.legislation.gov.uk/ssi/2003/548/schedule))
[^key-df582f868f940e079929876f0e813d83]: [S. 57](https://www.legislation.gov.uk/asp/2003/11/section/57) in force at 27.11.2003 by [S.S.I. 2003/548](https://www.legislation.gov.uk/ssi/2003/548), [art. 2(d)](https://www.legislation.gov.uk/ssi/2003/548/article/2/d) (with [Sch.](https://www.legislation.gov.uk/ssi/2003/548/schedule))
[^key-b250bdeef494ac7fbd9f5faa05f1b1d7]: [S. 58](https://www.legislation.gov.uk/asp/2003/11/section/58) in force at 27.11.2003 by [S.S.I. 2003/548](https://www.legislation.gov.uk/ssi/2003/548), [art. 2(d)](https://www.legislation.gov.uk/ssi/2003/548/article/2/d) (with [Sch.](https://www.legislation.gov.uk/ssi/2003/548/schedule))
[^key-561fe7d9687a14b734a0fb42eaa6d9bb]: S. 54 in force at 27.11.2003 by [S.S.I. 2003/548](https://www.legislation.gov.uk/ssi/2003/548), [art. 2(d)](https://www.legislation.gov.uk/ssi/2003/548/article/2/d) (with [Sch.](https://www.legislation.gov.uk/ssi/2003/548/schedule))
[^key-b1b760a85a22ab589c94e26b6b7428c2]: S. 55 in force at 27.11.2003 by [S.S.I. 2003/548](https://www.legislation.gov.uk/ssi/2003/548), [art. 2(d)](https://www.legislation.gov.uk/ssi/2003/548/article/2/d) (with [Sch.](https://www.legislation.gov.uk/ssi/2003/548/schedule))
[^key-19e61e10b976f6d561614f910a62dec5]: S. 56 in force at 27.11.2003 by [S.S.I. 2003/548](https://www.legislation.gov.uk/ssi/2003/548), [art. 2(d)](https://www.legislation.gov.uk/ssi/2003/548/article/2/d) (with [Sch.](https://www.legislation.gov.uk/ssi/2003/548/schedule))
[^key-df582f868f940e079929876f0e813d83]: S. 57 in force at 27.11.2003 by [S.S.I. 2003/548](https://www.legislation.gov.uk/ssi/2003/548), [art. 2(d)](https://www.legislation.gov.uk/ssi/2003/548/article/2/d) (with [Sch.](https://www.legislation.gov.uk/ssi/2003/548/schedule))
[^key-b250bdeef494ac7fbd9f5faa05f1b1d7]: S. 58 in force at 27.11.2003 by [S.S.I. 2003/548](https://www.legislation.gov.uk/ssi/2003/548), [art. 2(d)](https://www.legislation.gov.uk/ssi/2003/548/article/2/d) (with [Sch.](https://www.legislation.gov.uk/ssi/2003/548/schedule))
[^key-a0583e45677c1c21b70f959408309fd6]: S. 59 in force at 27.11.2003 by [S.S.I. 2003/548](https://www.legislation.gov.uk/ssi/2003/548), [art. 2(d)](https://www.legislation.gov.uk/ssi/2003/548/article/2/d) (with [sch.](https://www.legislation.gov.uk/ssi/2003/548/schedule))
[^key-0f7972a24cb95bc0bc12dbc6a57bff29]: [S. 60](https://www.legislation.gov.uk/asp/2003/11/section/60) in force at 27.11.2003 by [S.S.I. 2003/548](https://www.legislation.gov.uk/ssi/2003/548), [art. 2(e)](https://www.legislation.gov.uk/ssi/2003/548/article/2/e) (with [Sch.](https://www.legislation.gov.uk/ssi/2003/548/schedule))
[^key-1d98cc3d4bab49241af2d30102ebcb25]: [S. 61](https://www.legislation.gov.uk/asp/2003/11/section/61) in force at 27.11.2003 by [S.S.I. 2003/548](https://www.legislation.gov.uk/ssi/2003/548), [art. 2(e)](https://www.legislation.gov.uk/ssi/2003/548/article/2/e) (with [Sch.](https://www.legislation.gov.uk/ssi/2003/548/schedule))
[^key-d6bf511cd9edfed82de91dfa09eaa974]: [S. 62](https://www.legislation.gov.uk/asp/2003/11/section/62) in force at 27.11.2003 by [S.S.I. 2003/548](https://www.legislation.gov.uk/ssi/2003/548), [art. 2(e)](https://www.legislation.gov.uk/ssi/2003/548/article/2/e) (with [Sch.](https://www.legislation.gov.uk/ssi/2003/548/schedule))
[^key-bbbffc1dcf27ccb3bf84c9e8426ad29e]: [S. 63](https://www.legislation.gov.uk/asp/2003/11/section/63) in force at 27.11.2003 by [S.S.I. 2003/548](https://www.legislation.gov.uk/ssi/2003/548), [art. 2(e)](https://www.legislation.gov.uk/ssi/2003/548/article/2/e) (with [Sch.](https://www.legislation.gov.uk/ssi/2003/548/schedule))
[^key-0ee5f9883830c9931364af2ba4b07a49]: [S. 64](https://www.legislation.gov.uk/asp/2003/11/section/64) in force at 27.11.2003 by [S.S.I. 2003/548](https://www.legislation.gov.uk/ssi/2003/548), [art. 2(e)](https://www.legislation.gov.uk/ssi/2003/548/article/2/e) (with [Sch.](https://www.legislation.gov.uk/ssi/2003/548/schedule))
[^key-a6c1e29e24716512303f2eb472f47677]: [S. 65](https://www.legislation.gov.uk/asp/2003/11/section/65) in force at 27.11.2003 by [S.S.I. 2003/548](https://www.legislation.gov.uk/ssi/2003/548), [art. 2(e)](https://www.legislation.gov.uk/ssi/2003/548/article/2/e) (with [Sch.](https://www.legislation.gov.uk/ssi/2003/548/schedule))
[^key-29ecee625865efcf3d64b315213f7e3c]: [S. 66](https://www.legislation.gov.uk/asp/2003/11/section/66) in force at 27.11.2003 by [S.S.I. 2003/548](https://www.legislation.gov.uk/ssi/2003/548), [art. 2(e)](https://www.legislation.gov.uk/ssi/2003/548/article/2/e) (with [Sch.](https://www.legislation.gov.uk/ssi/2003/548/schedule))
[^key-26ea5844c567faec8829a2a9d363c104]: [S. 67](https://www.legislation.gov.uk/asp/2003/11/section/67) in force at 27.11.2003 by [S.S.I. 2003/548](https://www.legislation.gov.uk/ssi/2003/548), [art. 2(e)](https://www.legislation.gov.uk/ssi/2003/548/article/2/e) (with [Sch.](https://www.legislation.gov.uk/ssi/2003/548/schedule))
[^key-775393752c84f332f7ef88a9113479a8]: [S. 68](https://www.legislation.gov.uk/asp/2003/11/section/68) in force at 27.11.2003 by [S.S.I. 2003/548](https://www.legislation.gov.uk/ssi/2003/548), [art. 2(e)](https://www.legislation.gov.uk/ssi/2003/548/article/2/e) (with [Sch.](https://www.legislation.gov.uk/ssi/2003/548/schedule))
[^key-d290821a86c468049c6506e53c7b3d8c]: [S. 69](https://www.legislation.gov.uk/asp/2003/11/section/69) in force at 27.11.2003 by [S.S.I. 2003/548](https://www.legislation.gov.uk/ssi/2003/548), [art. 2(e)](https://www.legislation.gov.uk/ssi/2003/548/article/2/e) (with [Sch.](https://www.legislation.gov.uk/ssi/2003/548/schedule))
[^key-0f7972a24cb95bc0bc12dbc6a57bff29]: S. 60 in force at 27.11.2003 by [S.S.I. 2003/548](https://www.legislation.gov.uk/ssi/2003/548), [art. 2(e)](https://www.legislation.gov.uk/ssi/2003/548/article/2/e) (with [Sch.](https://www.legislation.gov.uk/ssi/2003/548/schedule))
[^key-1d98cc3d4bab49241af2d30102ebcb25]: S. 61 in force at 27.11.2003 by [S.S.I. 2003/548](https://www.legislation.gov.uk/ssi/2003/548), [art. 2(e)](https://www.legislation.gov.uk/ssi/2003/548/article/2/e) (with [Sch.](https://www.legislation.gov.uk/ssi/2003/548/schedule))
[^key-d6bf511cd9edfed82de91dfa09eaa974]: S. 62 in force at 27.11.2003 by [S.S.I. 2003/548](https://www.legislation.gov.uk/ssi/2003/548), [art. 2(e)](https://www.legislation.gov.uk/ssi/2003/548/article/2/e) (with [Sch.](https://www.legislation.gov.uk/ssi/2003/548/schedule))
[^key-bbbffc1dcf27ccb3bf84c9e8426ad29e]: S. 63 in force at 27.11.2003 by [S.S.I. 2003/548](https://www.legislation.gov.uk/ssi/2003/548), [art. 2(e)](https://www.legislation.gov.uk/ssi/2003/548/article/2/e) (with [Sch.](https://www.legislation.gov.uk/ssi/2003/548/schedule))
[^key-0ee5f9883830c9931364af2ba4b07a49]: S. 64 in force at 27.11.2003 by [S.S.I. 2003/548](https://www.legislation.gov.uk/ssi/2003/548), [art. 2(e)](https://www.legislation.gov.uk/ssi/2003/548/article/2/e) (with [Sch.](https://www.legislation.gov.uk/ssi/2003/548/schedule))
[^key-a6c1e29e24716512303f2eb472f47677]: S. 65 in force at 27.11.2003 by [S.S.I. 2003/548](https://www.legislation.gov.uk/ssi/2003/548), [art. 2(e)](https://www.legislation.gov.uk/ssi/2003/548/article/2/e) (with [Sch.](https://www.legislation.gov.uk/ssi/2003/548/schedule))
[^key-29ecee625865efcf3d64b315213f7e3c]: S. 66 in force at 27.11.2003 by [S.S.I. 2003/548](https://www.legislation.gov.uk/ssi/2003/548), [art. 2(e)](https://www.legislation.gov.uk/ssi/2003/548/article/2/e) (with [Sch.](https://www.legislation.gov.uk/ssi/2003/548/schedule))
[^key-26ea5844c567faec8829a2a9d363c104]: S. 67 in force at 27.11.2003 by [S.S.I. 2003/548](https://www.legislation.gov.uk/ssi/2003/548), [art. 2(e)](https://www.legislation.gov.uk/ssi/2003/548/article/2/e) (with [Sch.](https://www.legislation.gov.uk/ssi/2003/548/schedule))
[^key-775393752c84f332f7ef88a9113479a8]: S. 68 in force at 27.11.2003 by [S.S.I. 2003/548](https://www.legislation.gov.uk/ssi/2003/548), [art. 2(e)](https://www.legislation.gov.uk/ssi/2003/548/article/2/e) (with [Sch.](https://www.legislation.gov.uk/ssi/2003/548/schedule))
[^key-d290821a86c468049c6506e53c7b3d8c]: S. 69 in force at 27.11.2003 by [S.S.I. 2003/548](https://www.legislation.gov.uk/ssi/2003/548), [art. 2(e)](https://www.legislation.gov.uk/ssi/2003/548/article/2/e) (with [Sch.](https://www.legislation.gov.uk/ssi/2003/548/schedule))
[^key-a77e754b0d944ac3652531d81a201713]: S. 70(1)-(6) (9) in force at 27.11.2003 by [S.S.I. 2003/548](https://www.legislation.gov.uk/ssi/2003/548), [art. 2(f)](https://www.legislation.gov.uk/ssi/2003/548/article/2/f) (with [Sch.](https://www.legislation.gov.uk/ssi/2003/548/schedule))
@@ -3426,9 +3556,9 @@
[^key-caf8267b3e9fe9da2e02a1d9abca7994]: S. 74 in force at 27.11.2003 by [S.S.I. 2003/548](https://www.legislation.gov.uk/ssi/2003/548), [art. 2(f)](https://www.legislation.gov.uk/ssi/2003/548/article/2/f) (with [Sch.](https://www.legislation.gov.uk/ssi/2003/548/schedule))
[^key-f67cef20d059d520a78fcaae6cdacd27]: [S. 75](https://www.legislation.gov.uk/asp/2003/11/section/75) in force at 27.11.2003 by [S.S.I. 2003/548](https://www.legislation.gov.uk/ssi/2003/548), [art. 2(g)](https://www.legislation.gov.uk/ssi/2003/548/article/2/g) (with [Sch.](https://www.legislation.gov.uk/ssi/2003/548/schedule))
[^key-7d207ed7a2058b9b913cc3ec956fdb9e]: [S. 76](https://www.legislation.gov.uk/asp/2003/11/section/76) in force at 27.11.2003 by [S.S.I. 2003/548](https://www.legislation.gov.uk/ssi/2003/548), [art. 2(g)](https://www.legislation.gov.uk/ssi/2003/548/article/2/g) (with [Sch.](https://www.legislation.gov.uk/ssi/2003/548/schedule))
[^key-f67cef20d059d520a78fcaae6cdacd27]: S. 75 in force at 27.11.2003 by [S.S.I. 2003/548](https://www.legislation.gov.uk/ssi/2003/548), [art. 2(g)](https://www.legislation.gov.uk/ssi/2003/548/article/2/g) (with [Sch.](https://www.legislation.gov.uk/ssi/2003/548/schedule))
[^key-7d207ed7a2058b9b913cc3ec956fdb9e]: S. 76 in force at 27.11.2003 by [S.S.I. 2003/548](https://www.legislation.gov.uk/ssi/2003/548), [art. 2(g)](https://www.legislation.gov.uk/ssi/2003/548/article/2/g) (with [Sch.](https://www.legislation.gov.uk/ssi/2003/548/schedule))
[^key-f7700ee45df34a1b7383505ea2ef894b]: S. 77 in force at 27.11.2003 by [S.S.I. 2003/548](https://www.legislation.gov.uk/ssi/2003/548), [art. 2(g)](https://www.legislation.gov.uk/ssi/2003/548/article/2/g) (with [Sch.](https://www.legislation.gov.uk/ssi/2003/548/schedule))
@@ -3436,29 +3566,29 @@
[^key-d2d534271fca1a01a8ef1b876d9bdccd]: S. 79 in force at 27.11.2003 by [S.S.I. 2003/548](https://www.legislation.gov.uk/ssi/2003/548), [art. 2(g)](https://www.legislation.gov.uk/ssi/2003/548/article/2/g) (with [Sch.](https://www.legislation.gov.uk/ssi/2003/548/schedule))
[^key-81ee6a0348b2584ae7ea6b15dbae3948]: [S. 80](https://www.legislation.gov.uk/asp/2003/11/section/80) in force at 27.11.2003 by [S.S.I. 2003/548](https://www.legislation.gov.uk/ssi/2003/548), [art. 2(g)](https://www.legislation.gov.uk/ssi/2003/548/article/2/g) (with [Sch.](https://www.legislation.gov.uk/ssi/2003/548/schedule))
[^key-81ee6a0348b2584ae7ea6b15dbae3948]: S. 80 in force at 27.11.2003 by [S.S.I. 2003/548](https://www.legislation.gov.uk/ssi/2003/548), [art. 2(g)](https://www.legislation.gov.uk/ssi/2003/548/article/2/g) (with [Sch.](https://www.legislation.gov.uk/ssi/2003/548/schedule))
[^key-f2ed0ff58b3e8bbc37e4f4d57f232feb]: S. 81 in force at 27.11.2003 by [S.S.I. 2003/548](https://www.legislation.gov.uk/ssi/2003/548), [art. 2(g)](https://www.legislation.gov.uk/ssi/2003/548/article/2/g) (with [Sch.](https://www.legislation.gov.uk/ssi/2003/548/schedule))
[^key-67cfe62dec1eda5a1dc4819ee3c95a35]: [S. 82](https://www.legislation.gov.uk/asp/2003/11/section/82) in force at 27.11.2003 by [S.S.I. 2003/548](https://www.legislation.gov.uk/ssi/2003/548), [art. 2(g)](https://www.legislation.gov.uk/ssi/2003/548/article/2/g) (with [Sch.](https://www.legislation.gov.uk/ssi/2003/548/schedule))
[^key-5552d8fbc577f478876d6f3a00138275]: [S. 83](https://www.legislation.gov.uk/asp/2003/11/section/83) in force at 27.11.2003 by [S.S.I. 2003/548](https://www.legislation.gov.uk/ssi/2003/548), [art. 2(g)](https://www.legislation.gov.uk/ssi/2003/548/article/2/g) (with [Sch.](https://www.legislation.gov.uk/ssi/2003/548/schedule))
[^key-a5a5724786de33bec1e5ffb86843a49b]: [S. 84](https://www.legislation.gov.uk/asp/2003/11/section/84) in force at 27.11.2003 by [S.S.I. 2003/548](https://www.legislation.gov.uk/ssi/2003/548), [art. 2(g)](https://www.legislation.gov.uk/ssi/2003/548/article/2/g) (with [Sch.](https://www.legislation.gov.uk/ssi/2003/548/schedule))
[^key-e65cc66869ddd6d3e9a581d738fc8389]: [S. 85](https://www.legislation.gov.uk/asp/2003/11/section/85) in force at 27.11.2003 by [S.S.I. 2003/548](https://www.legislation.gov.uk/ssi/2003/548), [art. 2(g)](https://www.legislation.gov.uk/ssi/2003/548/article/2/g) (with [Sch.](https://www.legislation.gov.uk/ssi/2003/548/schedule))
[^key-5924de31515983b7c9c9d68024896616]: [S. 86](https://www.legislation.gov.uk/asp/2003/11/section/86) in force at 27.11.2003 by [S.S.I. 2003/548](https://www.legislation.gov.uk/ssi/2003/548), [art. 2(g)](https://www.legislation.gov.uk/ssi/2003/548/article/2/g) (with [Sch.](https://www.legislation.gov.uk/ssi/2003/548/schedule))
[^key-670e70bb8adaffeea6f9401240b0a6c8]: [S. 87](https://www.legislation.gov.uk/asp/2003/11/section/87) in force at 27.11.2003 by [S.S.I. 2003/548](https://www.legislation.gov.uk/ssi/2003/548), [art. 2(g)](https://www.legislation.gov.uk/ssi/2003/548/article/2/g) (with [Sch.](https://www.legislation.gov.uk/ssi/2003/548/schedule))
[^key-6633c3cc1af5f257207eca427363172e]: [S. 88](https://www.legislation.gov.uk/asp/2003/11/section/88) in force at 27.11.2003 by [S.S.I. 2003/548](https://www.legislation.gov.uk/ssi/2003/548), [art. 2(g)](https://www.legislation.gov.uk/ssi/2003/548/article/2/g) (with [Sch.](https://www.legislation.gov.uk/ssi/2003/548/schedule))
[^key-c34151488b5a9203147e57e41c825a47]: [S. 89](https://www.legislation.gov.uk/asp/2003/11/section/89) in force at 27.11.2003 by [S.S.I. 2003/548](https://www.legislation.gov.uk/ssi/2003/548), [art. 2(g)](https://www.legislation.gov.uk/ssi/2003/548/article/2/g) (with [Sch.](https://www.legislation.gov.uk/ssi/2003/548/schedule))
[^key-5da1b8c9ea36bd3e658afb1f948df877]: [S. 90](https://www.legislation.gov.uk/asp/2003/11/section/90) in force at 27.11.2003 by [S.S.I. 2003/548](https://www.legislation.gov.uk/ssi/2003/548), [art. 2(g)](https://www.legislation.gov.uk/ssi/2003/548/article/2/g) (with [Sch.](https://www.legislation.gov.uk/ssi/2003/548/schedule))
[^key-20c7d46a3f846ed46fe64256c2b350ef]: [S. 94](https://www.legislation.gov.uk/asp/2003/11/section/94) in force at 27.11.2003 by [S.S.I. 2003/548](https://www.legislation.gov.uk/ssi/2003/548), [art. 2(h)](https://www.legislation.gov.uk/ssi/2003/548/article/2/h) (with [Sch.](https://www.legislation.gov.uk/ssi/2003/548/schedule))
[^key-67cfe62dec1eda5a1dc4819ee3c95a35]: S. 82 in force at 27.11.2003 by [S.S.I. 2003/548](https://www.legislation.gov.uk/ssi/2003/548), [art. 2(g)](https://www.legislation.gov.uk/ssi/2003/548/article/2/g) (with [Sch.](https://www.legislation.gov.uk/ssi/2003/548/schedule))
[^key-5552d8fbc577f478876d6f3a00138275]: S. 83 in force at 27.11.2003 by [S.S.I. 2003/548](https://www.legislation.gov.uk/ssi/2003/548), [art. 2(g)](https://www.legislation.gov.uk/ssi/2003/548/article/2/g) (with [Sch.](https://www.legislation.gov.uk/ssi/2003/548/schedule))
[^key-a5a5724786de33bec1e5ffb86843a49b]: S. 84 in force at 27.11.2003 by [S.S.I. 2003/548](https://www.legislation.gov.uk/ssi/2003/548), [art. 2(g)](https://www.legislation.gov.uk/ssi/2003/548/article/2/g) (with [Sch.](https://www.legislation.gov.uk/ssi/2003/548/schedule))
[^key-e65cc66869ddd6d3e9a581d738fc8389]: S. 85 in force at 27.11.2003 by [S.S.I. 2003/548](https://www.legislation.gov.uk/ssi/2003/548), [art. 2(g)](https://www.legislation.gov.uk/ssi/2003/548/article/2/g) (with [Sch.](https://www.legislation.gov.uk/ssi/2003/548/schedule))
[^key-5924de31515983b7c9c9d68024896616]: S. 86 in force at 27.11.2003 by [S.S.I. 2003/548](https://www.legislation.gov.uk/ssi/2003/548), [art. 2(g)](https://www.legislation.gov.uk/ssi/2003/548/article/2/g) (with [Sch.](https://www.legislation.gov.uk/ssi/2003/548/schedule))
[^key-670e70bb8adaffeea6f9401240b0a6c8]: S. 87 in force at 27.11.2003 by [S.S.I. 2003/548](https://www.legislation.gov.uk/ssi/2003/548), [art. 2(g)](https://www.legislation.gov.uk/ssi/2003/548/article/2/g) (with [Sch.](https://www.legislation.gov.uk/ssi/2003/548/schedule))
[^key-6633c3cc1af5f257207eca427363172e]: S. 88 in force at 27.11.2003 by [S.S.I. 2003/548](https://www.legislation.gov.uk/ssi/2003/548), [art. 2(g)](https://www.legislation.gov.uk/ssi/2003/548/article/2/g) (with [Sch.](https://www.legislation.gov.uk/ssi/2003/548/schedule))
[^key-c34151488b5a9203147e57e41c825a47]: S. 89 in force at 27.11.2003 by [S.S.I. 2003/548](https://www.legislation.gov.uk/ssi/2003/548), [art. 2(g)](https://www.legislation.gov.uk/ssi/2003/548/article/2/g) (with [Sch.](https://www.legislation.gov.uk/ssi/2003/548/schedule))
[^key-5da1b8c9ea36bd3e658afb1f948df877]: S. 90 in force at 27.11.2003 by [S.S.I. 2003/548](https://www.legislation.gov.uk/ssi/2003/548), [art. 2(g)](https://www.legislation.gov.uk/ssi/2003/548/article/2/g) (with [Sch.](https://www.legislation.gov.uk/ssi/2003/548/schedule))
[^key-20c7d46a3f846ed46fe64256c2b350ef]: S. 94 in force at 27.11.2003 by [S.S.I. 2003/548](https://www.legislation.gov.uk/ssi/2003/548), [art. 2(h)](https://www.legislation.gov.uk/ssi/2003/548/article/2/h) (with [Sch.](https://www.legislation.gov.uk/ssi/2003/548/schedule))
[^key-dbe9f2244e75f5068a95b34011184a4c]: Sch. para. 1 in force at 27.11.2003 by [S.S.I. 2003/548](https://www.legislation.gov.uk/ssi/2003/548), [art. 2(i)](https://www.legislation.gov.uk/ssi/2003/548/article/2/i) (with [Sch.](https://www.legislation.gov.uk/ssi/2003/548/schedule))
@@ -3564,37 +3694,37 @@
[^key-9c85100b0caa69b7934bc08a2dd8f256]: Sch. para. 52 in force at 27.11.2003 by [S.S.I. 2003/548](https://www.legislation.gov.uk/ssi/2003/548), [art. 2(i)](https://www.legislation.gov.uk/ssi/2003/548/article/2/i) (with [Sch.](https://www.legislation.gov.uk/ssi/2003/548/schedule))
[^key-bec468cd060aab3cfb256d8e920de1a2]: [S. 24](https://www.legislation.gov.uk/asp/2003/11/section/24) in force at 15.12.2004 by [S.S.I. 2004/511](https://www.legislation.gov.uk/ssi/2004/511), [art. 2](https://www.legislation.gov.uk/ssi/2004/511/article/2)
[^key-8bccae3d5460d15d839dd72a13c3ab50]: [S. 26(1)](https://www.legislation.gov.uk/asp/2003/11/section/26/1) in force at 15.12.2004 by [S.S.I. 2004/511](https://www.legislation.gov.uk/ssi/2004/511), [art. 2](https://www.legislation.gov.uk/ssi/2004/511/article/2)
[^key-bec468cd060aab3cfb256d8e920de1a2]: S. 24 in force at 15.12.2004 by [S.S.I. 2004/511](https://www.legislation.gov.uk/ssi/2004/511), [art. 2](https://www.legislation.gov.uk/ssi/2004/511/article/2)
[^key-8bccae3d5460d15d839dd72a13c3ab50]: S. 26(1) in force at 15.12.2004 by [S.S.I. 2004/511](https://www.legislation.gov.uk/ssi/2004/511), [art. 2](https://www.legislation.gov.uk/ssi/2004/511/article/2)
[^key-aa0f766d3ff9aa28c70faf6c7be9a5c0]: S. 27(1)-(4) in force at 15.12.2004 by [S.S.I. 2004/511](https://www.legislation.gov.uk/ssi/2004/511), [art. 2](https://www.legislation.gov.uk/ssi/2004/511/article/2)
[^key-4e7288c4d65aab334ef0fdd21187ed74]: [S. 28(1)-(4)](https://www.legislation.gov.uk/asp/2003/11/section/28/1) in force at 15.12.2004 by [S.S.I. 2004/511](https://www.legislation.gov.uk/ssi/2004/511), [art. 2](https://www.legislation.gov.uk/ssi/2004/511/article/2)
[^key-199159f729e120d91714443fd5f71cee]: [S. 29](https://www.legislation.gov.uk/asp/2003/11/section/29) in force at 15.12.2004 by [S.S.I. 2004/511](https://www.legislation.gov.uk/ssi/2004/511), [art. 2](https://www.legislation.gov.uk/ssi/2004/511/article/2)
[^key-f5164a9aef67edbcfa62a91db5d60c51]: [S. 30](https://www.legislation.gov.uk/asp/2003/11/section/30) in force at 15.12.2004 by [S.S.I. 2004/511](https://www.legislation.gov.uk/ssi/2004/511), [art. 2](https://www.legislation.gov.uk/ssi/2004/511/article/2)
[^key-b909c9e8dc79df39275341e00aed43ac]: [S. 31](https://www.legislation.gov.uk/asp/2003/11/section/31) in force at 15.12.2004 by [S.S.I. 2004/511](https://www.legislation.gov.uk/ssi/2004/511), [art. 2](https://www.legislation.gov.uk/ssi/2004/511/article/2)
[^key-7abcc7b9b98f7f4796db85122465d9c5]: [S. 32](https://www.legislation.gov.uk/asp/2003/11/section/32) in force at 15.12.2004 by [S.S.I. 2004/511](https://www.legislation.gov.uk/ssi/2004/511), [art. 2](https://www.legislation.gov.uk/ssi/2004/511/article/2)
[^key-d8a3e567940b9723b633d04491c23982]: [S. 33](https://www.legislation.gov.uk/asp/2003/11/section/33) in force at 15.12.2004 by [S.S.I. 2004/511](https://www.legislation.gov.uk/ssi/2004/511), [art. 2](https://www.legislation.gov.uk/ssi/2004/511/article/2)
[^key-cec8a2f4a22e6aa6087149bc9f232b86]: [S. 34(1)-(5)](https://www.legislation.gov.uk/asp/2003/11/section/34/1) [(7)](https://www.legislation.gov.uk/asp/2003/11/section/34/7) [(8)](https://www.legislation.gov.uk/asp/2003/11/section/34/8) in force at 15.12.2004 by [S.S.I. 2004/511](https://www.legislation.gov.uk/ssi/2004/511), [art. 2](https://www.legislation.gov.uk/ssi/2004/511/article/2)
[^key-13d2351fe95a970b94275bcb76564fb1]: [S. 35](https://www.legislation.gov.uk/asp/2003/11/section/35) in force at 15.12.2004 by [S.S.I. 2004/511](https://www.legislation.gov.uk/ssi/2004/511), [art. 2](https://www.legislation.gov.uk/ssi/2004/511/article/2)
[^key-9120c22ab3ed82f78b824eb7622f4f41]: [S. 36(1)-(6)](https://www.legislation.gov.uk/asp/2003/11/section/36/1) in force at 15.12.2004 by [S.S.I. 2004/511](https://www.legislation.gov.uk/ssi/2004/511), [art. 2](https://www.legislation.gov.uk/ssi/2004/511/article/2)
[^key-d1110de1f97574884ef11af659310e45]: [S. 37](https://www.legislation.gov.uk/asp/2003/11/section/37) in force at 15.12.2004 by [S.S.I. 2004/511](https://www.legislation.gov.uk/ssi/2004/511), [art. 2](https://www.legislation.gov.uk/ssi/2004/511/article/2)
[^key-dc0a64b2f8838e8e2a7461ab5898c13b]: [S. 38](https://www.legislation.gov.uk/asp/2003/11/section/38) in force at 15.12.2004 by [S.S.I. 2004/511](https://www.legislation.gov.uk/ssi/2004/511), [art. 2](https://www.legislation.gov.uk/ssi/2004/511/article/2)
[^key-f77bc8eee15b6c27ce9dd9ec59796c82]: [Pt. 2](https://www.legislation.gov.uk/asp/2003/11/part/2) modified (23.12.2004) by [Agricultural Holdings (Right to Buy Modifications) (Scotland) Regulations 2004 (S.S.I. 2004/557)](https://www.legislation.gov.uk/ssi/2004/557), [regs. 1](https://www.legislation.gov.uk/ssi/2004/557/regulation/1), [3](https://www.legislation.gov.uk/ssi/2004/557/regulation/3)
[^key-17c74ef8f31cb3200e7ae0016dfbd611]: [Pt. 2](https://www.legislation.gov.uk/asp/2003/11/part/2) applied (with modifications) (23.12.2004) by [Agricultural Holdings (Right to Buy Modifications) (Scotland) Regulations 2004 (S.S.I. 2004/557)](https://www.legislation.gov.uk/ssi/2004/557), [regs. 1](https://www.legislation.gov.uk/ssi/2004/557/regulation/1), [4](https://www.legislation.gov.uk/ssi/2004/557/regulation/4)
[^key-4e7288c4d65aab334ef0fdd21187ed74]: S. 28(1)-(4) in force at 15.12.2004 by [S.S.I. 2004/511](https://www.legislation.gov.uk/ssi/2004/511), [art. 2](https://www.legislation.gov.uk/ssi/2004/511/article/2)
[^key-199159f729e120d91714443fd5f71cee]: S. 29 in force at 15.12.2004 by [S.S.I. 2004/511](https://www.legislation.gov.uk/ssi/2004/511), [art. 2](https://www.legislation.gov.uk/ssi/2004/511/article/2)
[^key-f5164a9aef67edbcfa62a91db5d60c51]: S. 30 in force at 15.12.2004 by [S.S.I. 2004/511](https://www.legislation.gov.uk/ssi/2004/511), [art. 2](https://www.legislation.gov.uk/ssi/2004/511/article/2)
[^key-b909c9e8dc79df39275341e00aed43ac]: S. 31 in force at 15.12.2004 by [S.S.I. 2004/511](https://www.legislation.gov.uk/ssi/2004/511), [art. 2](https://www.legislation.gov.uk/ssi/2004/511/article/2)
[^key-7abcc7b9b98f7f4796db85122465d9c5]: S. 32 in force at 15.12.2004 by [S.S.I. 2004/511](https://www.legislation.gov.uk/ssi/2004/511), [art. 2](https://www.legislation.gov.uk/ssi/2004/511/article/2)
[^key-d8a3e567940b9723b633d04491c23982]: S. 33 in force at 15.12.2004 by [S.S.I. 2004/511](https://www.legislation.gov.uk/ssi/2004/511), [art. 2](https://www.legislation.gov.uk/ssi/2004/511/article/2)
[^key-cec8a2f4a22e6aa6087149bc9f232b86]: S. 34(1)-(5) (7) (8) in force at 15.12.2004 by [S.S.I. 2004/511](https://www.legislation.gov.uk/ssi/2004/511), [art. 2](https://www.legislation.gov.uk/ssi/2004/511/article/2)
[^key-13d2351fe95a970b94275bcb76564fb1]: S. 35 in force at 15.12.2004 by [S.S.I. 2004/511](https://www.legislation.gov.uk/ssi/2004/511), [art. 2](https://www.legislation.gov.uk/ssi/2004/511/article/2)
[^key-9120c22ab3ed82f78b824eb7622f4f41]: S. 36(1)-(6) in force at 15.12.2004 by [S.S.I. 2004/511](https://www.legislation.gov.uk/ssi/2004/511), [art. 2](https://www.legislation.gov.uk/ssi/2004/511/article/2)
[^key-d1110de1f97574884ef11af659310e45]: S. 37 in force at 15.12.2004 by [S.S.I. 2004/511](https://www.legislation.gov.uk/ssi/2004/511), [art. 2](https://www.legislation.gov.uk/ssi/2004/511/article/2)
[^key-dc0a64b2f8838e8e2a7461ab5898c13b]: S. 38 in force at 15.12.2004 by [S.S.I. 2004/511](https://www.legislation.gov.uk/ssi/2004/511), [art. 2](https://www.legislation.gov.uk/ssi/2004/511/article/2)
[^key-f77bc8eee15b6c27ce9dd9ec59796c82]: Pt. 2 modified (23.12.2004) by [Agricultural Holdings (Right to Buy Modifications) (Scotland) Regulations 2004 (S.S.I. 2004/557)](https://www.legislation.gov.uk/ssi/2004/557), [regs. 1](https://www.legislation.gov.uk/ssi/2004/557/regulation/1), [3](https://www.legislation.gov.uk/ssi/2004/557/regulation/3)
[^key-17c74ef8f31cb3200e7ae0016dfbd611]: Pt. 2 applied (with modifications) (23.12.2004) by [Agricultural Holdings (Right to Buy Modifications) (Scotland) Regulations 2004 (S.S.I. 2004/557)](https://www.legislation.gov.uk/ssi/2004/557), [regs. 1](https://www.legislation.gov.uk/ssi/2004/557/regulation/1), [4](https://www.legislation.gov.uk/ssi/2004/557/regulation/4)
[^key-5298da28eda51b4e42dbed6ce3d77ef8]: S. 72(2) modified (23.12.2004) by [Agricultural Holdings (Right to Buy Modifications) (Scotland) Regulations 2004 (S.S.I. 2004/557)](https://www.legislation.gov.uk/ssi/2004/557), [regs. 1](https://www.legislation.gov.uk/ssi/2004/557/regulation/1), [5(1)](https://www.legislation.gov.uk/ssi/2004/557/regulation/5/1)
@@ -3614,42 +3744,138 @@
[^key-68194f944d5a888ac3c028bac52fa884]: Word in s. 8(6) substituted (22.3.2011) by [The Public Services Reform (Agricultural Holdings) (Scotland) Order 2011 (S.S.I. 2011/232)](https://www.legislation.gov.uk/ssi/2011/232), [arts. 1(1)](https://www.legislation.gov.uk/ssi/2011/232/article/1/1), [7(2)](https://www.legislation.gov.uk/ssi/2011/232/article/7/2) (with [art. 10](https://www.legislation.gov.uk/ssi/2011/232/article/10))
[^key-b17914cf322eac285b3a1e87e21ffb36]: [S. 27(1)(g)(viii)](https://www.legislation.gov.uk/asp/2003/11/section/27/1/g/viii) substituted (1.4.2012) by [The Housing (Scotland) Act 2010 (Consequential Modifications) Order 2012 (S.S.I. 2012/38)](https://www.legislation.gov.uk/ssi/2012/38), [art. 1](https://www.legislation.gov.uk/ssi/2012/38/article/1), [Sch. para. 4](https://www.legislation.gov.uk/ssi/2012/38/schedule/paragraph/4)
[^key-b17914cf322eac285b3a1e87e21ffb36]: S. 27(1)(g)(viii) substituted (1.4.2012) by [The Housing (Scotland) Act 2010 (Consequential Modifications) Order 2012 (S.S.I. 2012/38)](https://www.legislation.gov.uk/ssi/2012/38), [art. 1](https://www.legislation.gov.uk/ssi/2012/38/article/1), [Sch. para. 4](https://www.legislation.gov.uk/ssi/2012/38/schedule/paragraph/4)
[^key-2e6113fa8ee49b4718be5e637bfd9b9e]: S. 9(A1) inserted (12.9.2012) by [Agricultural Holdings (Amendment) (Scotland) Act 2012 (asp 6)](https://www.legislation.gov.uk/asp/2012/6), [ss. 2](https://www.legislation.gov.uk/asp/2012/6/section/2), [5(2)](https://www.legislation.gov.uk/asp/2012/6/section/5/2) (with [s. 4(2)](https://www.legislation.gov.uk/asp/2012/6/section/4/2))
[^key-0e540367f4fa169657ef358d40a3b986]: S. 73 continues to apply (3.4.2014) by [The Agricultural Holdings (Scotland) Act 2003 Remedial Order 2014 (S.S.I. 2014/98)](https://www.legislation.gov.uk/ssi/2014/98), [arts. 1(2)](https://www.legislation.gov.uk/ssi/2014/98/article/1/2), [5](https://www.legislation.gov.uk/ssi/2014/98/article/5)
[^key-797b1b1885fb84add3c5761f49781c00]: [S. 72A](https://www.legislation.gov.uk/asp/2003/11/section/72A) inserted (3.4.2014) by [The Agricultural Holdings (Scotland) Act 2003 Remedial Order 2014 (S.S.I. 2014/98)](https://www.legislation.gov.uk/ssi/2014/98), [arts. 1(2)](https://www.legislation.gov.uk/ssi/2014/98/article/1/2), [2(3)](https://www.legislation.gov.uk/ssi/2014/98/article/2/3)
[^key-d02809ba8240a5f6892e6d6993034421]: Words in [s. 72(2)](https://www.legislation.gov.uk/asp/2003/11/section/72/2) repealed (3.4.2014) by [The Agricultural Holdings (Scotland) Act 2003 Remedial Order 2014 (S.S.I. 2014/98)](https://www.legislation.gov.uk/ssi/2014/98), [arts. 1(2)](https://www.legislation.gov.uk/ssi/2014/98/article/1/2), [2(2)(a)](https://www.legislation.gov.uk/ssi/2014/98/article/2/2/a)
[^key-eed48fbb3b5a9180e5a81dd2b414569d]: Words in [s. 72(3)](https://www.legislation.gov.uk/asp/2003/11/section/72/3) repealed (3.4.2014) by [The Agricultural Holdings (Scotland) Act 2003 Remedial Order 2014 (S.S.I. 2014/98)](https://www.legislation.gov.uk/ssi/2014/98), [arts. 1(2)](https://www.legislation.gov.uk/ssi/2014/98/article/1/2), [2(2)(b)](https://www.legislation.gov.uk/ssi/2014/98/article/2/2/b)
[^key-3fe5c6c2bf89dd326a75e63ba8c2ceef]: [S. 72(4)](https://www.legislation.gov.uk/asp/2003/11/section/72/4) repealed (3.4.2014) by [The Agricultural Holdings (Scotland) Act 2003 Remedial Order 2014 (S.S.I. 2014/98)](https://www.legislation.gov.uk/ssi/2014/98), [arts. 1(2)](https://www.legislation.gov.uk/ssi/2014/98/article/1/2), [2(2)(c)](https://www.legislation.gov.uk/ssi/2014/98/article/2/2/c), [3](https://www.legislation.gov.uk/ssi/2014/98/article/3)
[^key-4ea780d7add39b43feb9ef966d0477a0]: [S. 72(5)](https://www.legislation.gov.uk/asp/2003/11/section/72/5) repealed (3.4.2014) by [The Agricultural Holdings (Scotland) Act 2003 Remedial Order 2014 (S.S.I. 2014/98)](https://www.legislation.gov.uk/ssi/2014/98), [arts. 1(2)](https://www.legislation.gov.uk/ssi/2014/98/article/1/2), [2(2)(c)](https://www.legislation.gov.uk/ssi/2014/98/article/2/2/c), [3](https://www.legislation.gov.uk/ssi/2014/98/article/3)
[^key-35e76059197645a4fd76e2392d95bb86]: [S. 72(7)-(11)](https://www.legislation.gov.uk/asp/2003/11/section/72/7) repealed (3.4.2014) by [The Agricultural Holdings (Scotland) Act 2003 Remedial Order 2014 (S.S.I. 2014/98)](https://www.legislation.gov.uk/ssi/2014/98), [arts. 1(2)](https://www.legislation.gov.uk/ssi/2014/98/article/1/2), [2(2)(c)](https://www.legislation.gov.uk/ssi/2014/98/article/2/2/c), [3](https://www.legislation.gov.uk/ssi/2014/98/article/3)
[^key-797b1b1885fb84add3c5761f49781c00]: S. 72A inserted (3.4.2014) by [The Agricultural Holdings (Scotland) Act 2003 Remedial Order 2014 (S.S.I. 2014/98)](https://www.legislation.gov.uk/ssi/2014/98), [arts. 1(2)](https://www.legislation.gov.uk/ssi/2014/98/article/1/2), [2(3)](https://www.legislation.gov.uk/ssi/2014/98/article/2/3)
[^key-d02809ba8240a5f6892e6d6993034421]: Words in s. 72(2) repealed (3.4.2014) by [The Agricultural Holdings (Scotland) Act 2003 Remedial Order 2014 (S.S.I. 2014/98)](https://www.legislation.gov.uk/ssi/2014/98), [arts. 1(2)](https://www.legislation.gov.uk/ssi/2014/98/article/1/2), [2(2)(a)](https://www.legislation.gov.uk/ssi/2014/98/article/2/2/a)
[^key-eed48fbb3b5a9180e5a81dd2b414569d]: Words in s. 72(3) repealed (3.4.2014) by [The Agricultural Holdings (Scotland) Act 2003 Remedial Order 2014 (S.S.I. 2014/98)](https://www.legislation.gov.uk/ssi/2014/98), [arts. 1(2)](https://www.legislation.gov.uk/ssi/2014/98/article/1/2), [2(2)(b)](https://www.legislation.gov.uk/ssi/2014/98/article/2/2/b)
[^key-3fe5c6c2bf89dd326a75e63ba8c2ceef]: S. 72(4) repealed (3.4.2014) by [The Agricultural Holdings (Scotland) Act 2003 Remedial Order 2014 (S.S.I. 2014/98)](https://www.legislation.gov.uk/ssi/2014/98), [arts. 1(2)](https://www.legislation.gov.uk/ssi/2014/98/article/1/2), [2(2)(c)](https://www.legislation.gov.uk/ssi/2014/98/article/2/2/c), [3](https://www.legislation.gov.uk/ssi/2014/98/article/3)
[^key-4ea780d7add39b43feb9ef966d0477a0]: S. 72(5) repealed (3.4.2014) by [The Agricultural Holdings (Scotland) Act 2003 Remedial Order 2014 (S.S.I. 2014/98)](https://www.legislation.gov.uk/ssi/2014/98), [arts. 1(2)](https://www.legislation.gov.uk/ssi/2014/98/article/1/2), [2(2)(c)](https://www.legislation.gov.uk/ssi/2014/98/article/2/2/c), [3](https://www.legislation.gov.uk/ssi/2014/98/article/3)
[^key-35e76059197645a4fd76e2392d95bb86]: S. 72(7)-(11) repealed (3.4.2014) by [The Agricultural Holdings (Scotland) Act 2003 Remedial Order 2014 (S.S.I. 2014/98)](https://www.legislation.gov.uk/ssi/2014/98), [arts. 1(2)](https://www.legislation.gov.uk/ssi/2014/98/article/1/2), [2(2)(c)](https://www.legislation.gov.uk/ssi/2014/98/article/2/2/c), [3](https://www.legislation.gov.uk/ssi/2014/98/article/3)
[^key-ba59ceeeb4a56e72a89fb9133be7b0d3]: S. 27(1)(g)(vi) repealed (1.8.2016) by [Housing (Scotland) Act 2014 (asp 14)](https://www.legislation.gov.uk/asp/2014/14), [s. 104(3)](https://www.legislation.gov.uk/asp/2014/14/section/104/3), [sch. 2 para. 15](https://www.legislation.gov.uk/asp/2014/14/schedule/2/paragraph/15); [S.S.I. 2014/264](https://www.legislation.gov.uk/ssi/2014/264), [art. 2](https://www.legislation.gov.uk/ssi/2014/264/article/2), [sch.](https://www.legislation.gov.uk/ssi/2014/264/schedule) (with [art. 4](https://www.legislation.gov.uk/ssi/2014/264/article/4))
[^key-0daa84529db601ac8bc4f5e2a6def4c8]: Word in s. 93 inserted (30.11.2016) by [Bankruptcy (Scotland) Act 2016 (asp 21)](https://www.legislation.gov.uk/asp/2016/21), [s. 237(2)](https://www.legislation.gov.uk/asp/2016/21/section/237/2), [sch. 8 para. 19(a)(i)](https://www.legislation.gov.uk/asp/2016/21/schedule/8/paragraph/19/a/i) (with [ss. 232](https://www.legislation.gov.uk/asp/2016/21/section/232), [234(3)](https://www.legislation.gov.uk/asp/2016/21/section/234/3), [235](https://www.legislation.gov.uk/asp/2016/21/section/235), [236](https://www.legislation.gov.uk/asp/2016/21/section/236)); [S.S.I. 2016/294](https://www.legislation.gov.uk/ssi/2016/294), [reg. 2](https://www.legislation.gov.uk/ssi/2016/294/regulation/2)
[^key-7d7dbb844e400e6d7d03269aeb3fa8ac]: Words in s. 93 substituted (30.11.2016) by [Bankruptcy (Scotland) Act 2016 (asp 21)](https://www.legislation.gov.uk/asp/2016/21), [s. 237(2)](https://www.legislation.gov.uk/asp/2016/21/section/237/2), [sch. 8 para. 19(a)(ii)](https://www.legislation.gov.uk/asp/2016/21/schedule/8/paragraph/19/a/ii) (with [ss. 232](https://www.legislation.gov.uk/asp/2016/21/section/232), [234(3)](https://www.legislation.gov.uk/asp/2016/21/section/234/3), [235](https://www.legislation.gov.uk/asp/2016/21/section/235), [236](https://www.legislation.gov.uk/asp/2016/21/section/236)); [S.S.I. 2016/294](https://www.legislation.gov.uk/ssi/2016/294), [reg. 2](https://www.legislation.gov.uk/ssi/2016/294/regulation/2)
[^key-d78505504a27c92e04a2e0cc6a910a59]: Word in s. 93 inserted (30.11.2016) by [Bankruptcy (Scotland) Act 2016 (asp 21)](https://www.legislation.gov.uk/asp/2016/21), [s. 237(2)](https://www.legislation.gov.uk/asp/2016/21/section/237/2), [sch. 8 para. 19(b)(i)](https://www.legislation.gov.uk/asp/2016/21/schedule/8/paragraph/19/b/i) (with [ss. 232](https://www.legislation.gov.uk/asp/2016/21/section/232), [234(3)](https://www.legislation.gov.uk/asp/2016/21/section/234/3), [235](https://www.legislation.gov.uk/asp/2016/21/section/235), [236](https://www.legislation.gov.uk/asp/2016/21/section/236)); [S.S.I. 2016/294](https://www.legislation.gov.uk/ssi/2016/294), [reg. 2](https://www.legislation.gov.uk/ssi/2016/294/regulation/2)
[^key-ed355b9d39b7646cf683200de37c5f6b]: Words in s. 93 substituted (30.11.2016) by [Bankruptcy (Scotland) Act 2016 (asp 21)](https://www.legislation.gov.uk/asp/2016/21), [s. 237(2)](https://www.legislation.gov.uk/asp/2016/21/section/237/2), [sch. 8 para. 19(b)(ii)](https://www.legislation.gov.uk/asp/2016/21/schedule/8/paragraph/19/b/ii) (with [ss. 232](https://www.legislation.gov.uk/asp/2016/21/section/232), [234(3)](https://www.legislation.gov.uk/asp/2016/21/section/234/3), [235](https://www.legislation.gov.uk/asp/2016/21/section/235), [236](https://www.legislation.gov.uk/asp/2016/21/section/236)); [S.S.I. 2016/294](https://www.legislation.gov.uk/ssi/2016/294), [reg. 2](https://www.legislation.gov.uk/ssi/2016/294/regulation/2)
[^key-7b4a80d4d09ebec2dd21a1459d9116b0]: Ss. 5A, 5B inserted (23.12.2016 for specified purposes) by [Land Reform (Scotland) Act 2016 (asp 18)](https://www.legislation.gov.uk/asp/2016/18), [ss. 85(3)](https://www.legislation.gov.uk/asp/2016/18/section/85/3), [130(1)](https://www.legislation.gov.uk/asp/2016/18/section/130/1) (with [s. 128](https://www.legislation.gov.uk/asp/2016/18/section/128)); [S.S.I. 2016/365](https://www.legislation.gov.uk/ssi/2016/365), [reg. 2](https://www.legislation.gov.uk/ssi/2016/365/regulation/2), [sch.](https://www.legislation.gov.uk/ssi/2016/365/schedule)
[^key-cf4e98bbb51caea5611b93901052bcbc]: Ss. 5C, 5D inserted (23.12.2016 for specified purposes) by [Land Reform (Scotland) Act 2016 (asp 18)](https://www.legislation.gov.uk/asp/2016/18), [ss. 92(2)](https://www.legislation.gov.uk/asp/2016/18/section/92/2), [130(1)](https://www.legislation.gov.uk/asp/2016/18/section/130/1) (with [s. 128](https://www.legislation.gov.uk/asp/2016/18/section/128)); [S.S.I. 2016/365](https://www.legislation.gov.uk/ssi/2016/365), [reg. 2](https://www.legislation.gov.uk/ssi/2016/365/regulation/2), [sch.](https://www.legislation.gov.uk/ssi/2016/365/schedule)
[^key-1c7796b69e30fc3f8ee43ddf5f1f0e77]: Ss. 9A-9C inserted (23.12.2016 for specified purposes) by [Land Reform (Scotland) Act 2016 (asp 18)](https://www.legislation.gov.uk/asp/2016/18), [ss. 102(3)](https://www.legislation.gov.uk/asp/2016/18/section/102/3), [130(1)](https://www.legislation.gov.uk/asp/2016/18/section/130/1) (with [s. 128](https://www.legislation.gov.uk/asp/2016/18/section/128)); [S.S.I. 2016/365](https://www.legislation.gov.uk/ssi/2016/365), [reg. 2](https://www.legislation.gov.uk/ssi/2016/365/regulation/2), [sch.](https://www.legislation.gov.uk/ssi/2016/365/schedule)
[^key-b05e7b62e6cab1e664b0901e0b0d860f]: Ss. 10A-10F inserted (23.12.2016) by [Land Reform (Scotland) Act 2016 (asp 18)](https://www.legislation.gov.uk/asp/2016/18), [ss. 119(4)](https://www.legislation.gov.uk/asp/2016/18/section/119/4), [130(1)](https://www.legislation.gov.uk/asp/2016/18/section/130/1) (with [s. 128](https://www.legislation.gov.uk/asp/2016/18/section/128)); [S.S.I. 2016/365](https://www.legislation.gov.uk/ssi/2016/365), [reg. 2](https://www.legislation.gov.uk/ssi/2016/365/regulation/2), [sch.](https://www.legislation.gov.uk/ssi/2016/365/schedule) (with [regs. 10](https://www.legislation.gov.uk/ssi/2016/365/regulation/10), [11](https://www.legislation.gov.uk/ssi/2016/365/regulation/11))
[^key-e3238aa66216384f26a8f98395b91983]: S. 18A inserted (23.12.2016 for specified purposes, 30.11.2017 in so far as not already in force) by [Land Reform (Scotland) Act 2016 (asp 18)](https://www.legislation.gov.uk/asp/2016/18), [ss. 89(2)](https://www.legislation.gov.uk/asp/2016/18/section/89/2), [130(1)](https://www.legislation.gov.uk/asp/2016/18/section/130/1) (with [s. 128](https://www.legislation.gov.uk/asp/2016/18/section/128)); [S.S.I. 2016/365](https://www.legislation.gov.uk/ssi/2016/365), [reg. 2](https://www.legislation.gov.uk/ssi/2016/365/regulation/2), [sch.](https://www.legislation.gov.uk/ssi/2016/365/schedule); [S.S.I. 2017/299](https://www.legislation.gov.uk/ssi/2017/299), [reg. 2](https://www.legislation.gov.uk/ssi/2017/299/regulation/2), [sch.](https://www.legislation.gov.uk/ssi/2017/299/schedule)
[^key-2523e7bef0ebb2d09cd2ebeb80b18917]: [Pt. 2A](https://www.legislation.gov.uk/asp/2003/11/part/2A) inserted (23.12.2016 for specified purposes) by [Land Reform (Scotland) Act 2016 (asp 18)](https://www.legislation.gov.uk/asp/2016/18), [ss. 100(2)](https://www.legislation.gov.uk/asp/2016/18/section/100/2), [130(1)](https://www.legislation.gov.uk/asp/2016/18/section/130/1) (with [s. 128](https://www.legislation.gov.uk/asp/2016/18/section/128)); [S.S.I. 2016/365](https://www.legislation.gov.uk/ssi/2016/365), [reg. 2](https://www.legislation.gov.uk/ssi/2016/365/regulation/2), [sch.](https://www.legislation.gov.uk/ssi/2016/365/schedule)
[^key-5e222703f2048f4eadd79ab1034e5e38]: S. 9 heading substituted (23.12.2016 for the purpose of making regulations under s. 9A(3), 9B(3) and 9C(6) and otherwise prosp.) by [Land Reform (Scotland) Act 2016 (asp 18)](https://www.legislation.gov.uk/asp/2016/18), [ss. 102(2)(e)](https://www.legislation.gov.uk/asp/2016/18/section/102/2/e), [130(1)](https://www.legislation.gov.uk/asp/2016/18/section/130/1) (with [s. 128](https://www.legislation.gov.uk/asp/2016/18/section/128)); [S.S.I. 2016/365](https://www.legislation.gov.uk/ssi/2016/365), [reg. 2](https://www.legislation.gov.uk/ssi/2016/365/regulation/2), [sch.](https://www.legislation.gov.uk/ssi/2016/365/schedule)
[^key-655b7a881f67f1be57807c4fec43342d]: [S. 59A](https://www.legislation.gov.uk/asp/2003/11/section/59A) inserted (23.12.2016 for specified purposes) by [Land Reform (Scotland) Act 2016 (asp 18)](https://www.legislation.gov.uk/asp/2016/18), [ss. 98(2)](https://www.legislation.gov.uk/asp/2016/18/section/98/2), [130(1)](https://www.legislation.gov.uk/asp/2016/18/section/130/1) (with [s. 128](https://www.legislation.gov.uk/asp/2016/18/section/128)); [S.S.I. 2016/365](https://www.legislation.gov.uk/ssi/2016/365), [reg. 2](https://www.legislation.gov.uk/ssi/2016/365/regulation/2), [sch.](https://www.legislation.gov.uk/ssi/2016/365/schedule)
[^key-1f85410c76c1ff30312755cedb4e3cfa]: S. 74A inserted (23.12.2016 for specified purposes, 28.2.2021 in so far as not already in force) by [Land Reform (Scotland) Act 2016 (asp 18)](https://www.legislation.gov.uk/asp/2016/18), [ss. 111(4)](https://www.legislation.gov.uk/asp/2016/18/section/111/4), [130(1)](https://www.legislation.gov.uk/asp/2016/18/section/130/1) (with [s. 128](https://www.legislation.gov.uk/asp/2016/18/section/128)); [S.S.I. 2016/365](https://www.legislation.gov.uk/ssi/2016/365), [reg. 2](https://www.legislation.gov.uk/ssi/2016/365/regulation/2); [S.S.I. 2020/428](https://www.legislation.gov.uk/ssi/2020/428), [reg. 2](https://www.legislation.gov.uk/ssi/2020/428/regulation/2)
[^key-fd94a2219d194376314a13ab7e026339]: [S. 40A](https://www.legislation.gov.uk/asp/2003/11/section/40A) inserted (23.12.2016) by [Land Reform (Scotland) Act 2016 (asp 18)](https://www.legislation.gov.uk/asp/2016/18), [ss. 121(3)](https://www.legislation.gov.uk/asp/2016/18/section/121/3), [130(1)](https://www.legislation.gov.uk/asp/2016/18/section/130/1) (with [s. 128](https://www.legislation.gov.uk/asp/2016/18/section/128)); [S.S.I. 2016/365](https://www.legislation.gov.uk/ssi/2016/365), [reg. 2](https://www.legislation.gov.uk/ssi/2016/365/regulation/2), [sch.](https://www.legislation.gov.uk/ssi/2016/365/schedule) (with [reg. 12](https://www.legislation.gov.uk/ssi/2016/365/regulation/12))
[^key-505bd97e2d9cfb2d1ea5a346484ac652]: Word in s. 10(1) repealed (23.12.2016) by [Land Reform (Scotland) Act 2016 (asp 18)](https://www.legislation.gov.uk/asp/2016/18), [ss. 120(5)](https://www.legislation.gov.uk/asp/2016/18/section/120/5), [130(1)](https://www.legislation.gov.uk/asp/2016/18/section/130/1) (with [s. 128](https://www.legislation.gov.uk/asp/2016/18/section/128)); [S.S.I. 2016/365](https://www.legislation.gov.uk/ssi/2016/365), [reg. 2](https://www.legislation.gov.uk/ssi/2016/365/regulation/2), [sch.](https://www.legislation.gov.uk/ssi/2016/365/schedule)
[^key-008f781ccd3be9a4c50e3d95152d2388]: S. 10(1)(d) inserted (23.12.2016) by [Land Reform (Scotland) Act 2016 (asp 18)](https://www.legislation.gov.uk/asp/2016/18), [ss. 120(6)](https://www.legislation.gov.uk/asp/2016/18/section/120/6), [130(1)](https://www.legislation.gov.uk/asp/2016/18/section/130/1) (with [s. 128](https://www.legislation.gov.uk/asp/2016/18/section/128)); [S.S.I. 2016/365](https://www.legislation.gov.uk/ssi/2016/365), [reg. 2](https://www.legislation.gov.uk/ssi/2016/365/regulation/2), [sch.](https://www.legislation.gov.uk/ssi/2016/365/schedule)
[^key-27a886eeb6acde7e81ad42bf64b1731d]: S. 18(2A) inserted (23.12.2016) by [Land Reform (Scotland) Act 2016 (asp 18)](https://www.legislation.gov.uk/asp/2016/18), [ss. 123(2)](https://www.legislation.gov.uk/asp/2016/18/section/123/2), [130(1)](https://www.legislation.gov.uk/asp/2016/18/section/130/1) (with [s. 128](https://www.legislation.gov.uk/asp/2016/18/section/128)); [S.S.I. 2016/365](https://www.legislation.gov.uk/ssi/2016/365), [reg. 2](https://www.legislation.gov.uk/ssi/2016/365/regulation/2), [sch.](https://www.legislation.gov.uk/ssi/2016/365/schedule) (with [reg. 13](https://www.legislation.gov.uk/ssi/2016/365/regulation/13))
[^key-08a8c8ced3e05dc6c8c563513d472847]: [S. 21(1A)](https://www.legislation.gov.uk/asp/2003/11/section/21/1A) inserted (23.12.2016) by [Land Reform (Scotland) Act 2016 (asp 18)](https://www.legislation.gov.uk/asp/2016/18), [ss. 108(3)(b)](https://www.legislation.gov.uk/asp/2016/18/section/108/3/b), [130(1)](https://www.legislation.gov.uk/asp/2016/18/section/130/1) (with [s. 128](https://www.legislation.gov.uk/asp/2016/18/section/128)); [S.S.I. 2016/365](https://www.legislation.gov.uk/ssi/2016/365), [reg. 2](https://www.legislation.gov.uk/ssi/2016/365/regulation/2), [sch.](https://www.legislation.gov.uk/ssi/2016/365/schedule) (with [regs. 5-8](https://www.legislation.gov.uk/ssi/2016/365/regulation/5))
[^key-edc36d12cf5b949af172dbc543080681]: [S. 21(2)](https://www.legislation.gov.uk/asp/2003/11/section/21/2) substituted (23.12.2016) by [Land Reform (Scotland) Act 2016 (asp 18)](https://www.legislation.gov.uk/asp/2016/18), [s. 130(1)](https://www.legislation.gov.uk/asp/2016/18/section/130/1), [sch. 2 para. 16(2)](https://www.legislation.gov.uk/asp/2016/18/schedule/2/paragraph/16/2) (with [s. 128](https://www.legislation.gov.uk/asp/2016/18/section/128)); [S.S.I. 2016/365](https://www.legislation.gov.uk/ssi/2016/365), [reg. 2](https://www.legislation.gov.uk/ssi/2016/365/regulation/2), [sch.](https://www.legislation.gov.uk/ssi/2016/365/schedule) (with [regs. 5-8](https://www.legislation.gov.uk/ssi/2016/365/regulation/5))
[^key-e0cc0ec4ee314375f7e8718c264bf4f5]: Words in [s. 21(1)](https://www.legislation.gov.uk/asp/2003/11/section/21/1) substituted (23.12.2016) by [Land Reform (Scotland) Act 2016 (asp 18)](https://www.legislation.gov.uk/asp/2016/18), [ss. 108(3)(a)(ii)](https://www.legislation.gov.uk/asp/2016/18/section/108/3/a/ii), [130(1)](https://www.legislation.gov.uk/asp/2016/18/section/130/1) (with [s. 128](https://www.legislation.gov.uk/asp/2016/18/section/128)); [S.S.I. 2016/365](https://www.legislation.gov.uk/ssi/2016/365), [reg. 2](https://www.legislation.gov.uk/ssi/2016/365/regulation/2), [sch.](https://www.legislation.gov.uk/ssi/2016/365/schedule)
[^key-7595962322ac8846d1a7cd9a50c2e488]: [S. 22(2)](https://www.legislation.gov.uk/asp/2003/11/section/22/2) substituted (23.12.2016) by [Land Reform (Scotland) Act 2016 (asp 18)](https://www.legislation.gov.uk/asp/2016/18), [s. 130(1)](https://www.legislation.gov.uk/asp/2016/18/section/130/1), [sch. 2 para. 16(3)](https://www.legislation.gov.uk/asp/2016/18/schedule/2/paragraph/16/3) (with [s. 128](https://www.legislation.gov.uk/asp/2016/18/section/128)); [S.S.I. 2016/365](https://www.legislation.gov.uk/ssi/2016/365), [reg. 2](https://www.legislation.gov.uk/ssi/2016/365/regulation/2), [sch.](https://www.legislation.gov.uk/ssi/2016/365/schedule) (with [regs. 5-8](https://www.legislation.gov.uk/ssi/2016/365/regulation/5))
[^key-ab6b4d1b5b66fd6496965384d7c66469]: [S. 40(5A)](https://www.legislation.gov.uk/asp/2003/11/section/40/5A)[(5B)](https://www.legislation.gov.uk/asp/2003/11/section/40/5B) inserted (23.12.2016) by [Land Reform (Scotland) Act 2016 (asp 18)](https://www.legislation.gov.uk/asp/2016/18), [ss. 121(2)(b)](https://www.legislation.gov.uk/asp/2016/18/section/121/2/b), [130(1)](https://www.legislation.gov.uk/asp/2016/18/section/130/1) (with [s. 128](https://www.legislation.gov.uk/asp/2016/18/section/128)); [S.S.I. 2016/365](https://www.legislation.gov.uk/ssi/2016/365), [reg. 2](https://www.legislation.gov.uk/ssi/2016/365/regulation/2), [sch.](https://www.legislation.gov.uk/ssi/2016/365/schedule) (with [reg. 12](https://www.legislation.gov.uk/ssi/2016/365/regulation/12))
[^key-f3483998d0685c9505aca842c2c51481]: [S. 40(14)](https://www.legislation.gov.uk/asp/2003/11/section/40/14) inserted (23.12.2016) by [Land Reform (Scotland) Act 2016 (asp 18)](https://www.legislation.gov.uk/asp/2016/18), [ss. 121(2)(c)](https://www.legislation.gov.uk/asp/2016/18/section/121/2/c), [130(1)](https://www.legislation.gov.uk/asp/2016/18/section/130/1) (with [s. 128](https://www.legislation.gov.uk/asp/2016/18/section/128)); [S.S.I. 2016/365](https://www.legislation.gov.uk/ssi/2016/365), [reg. 2](https://www.legislation.gov.uk/ssi/2016/365/regulation/2), [sch.](https://www.legislation.gov.uk/ssi/2016/365/schedule) (with [reg. 12](https://www.legislation.gov.uk/ssi/2016/365/regulation/12))
[^key-c4d90a106ddb52f92cc0a9aecde3d52b]: Words in [s. 40(1)](https://www.legislation.gov.uk/asp/2003/11/section/40/1) substituted (23.12.2016) by [Land Reform (Scotland) Act 2016 (asp 18)](https://www.legislation.gov.uk/asp/2016/18), [ss. 121(2)(a)](https://www.legislation.gov.uk/asp/2016/18/section/121/2/a), [130(1)](https://www.legislation.gov.uk/asp/2016/18/section/130/1) (with [s. 128](https://www.legislation.gov.uk/asp/2016/18/section/128)); [S.S.I. 2016/365](https://www.legislation.gov.uk/ssi/2016/365), [reg. 2](https://www.legislation.gov.uk/ssi/2016/365/regulation/2), [sch.](https://www.legislation.gov.uk/ssi/2016/365/schedule) (with [reg. 12](https://www.legislation.gov.uk/ssi/2016/365/regulation/12))
[^key-f3a958adeb932fb2d44a6b66107b07fd]: [S. 40(5)(b)](https://www.legislation.gov.uk/asp/2003/11/section/40/5/b) substituted (23.12.2016) by [Land Reform (Scotland) Act 2016 (asp 18)](https://www.legislation.gov.uk/asp/2016/18), [ss. 122(2)(a)](https://www.legislation.gov.uk/asp/2016/18/section/122/2/a), [130(1)](https://www.legislation.gov.uk/asp/2016/18/section/130/1) (with [s. 128](https://www.legislation.gov.uk/asp/2016/18/section/128)); [S.S.I. 2016/365](https://www.legislation.gov.uk/ssi/2016/365), [reg. 2](https://www.legislation.gov.uk/ssi/2016/365/regulation/2), [sch.](https://www.legislation.gov.uk/ssi/2016/365/schedule) (with [reg. 12](https://www.legislation.gov.uk/ssi/2016/365/regulation/12))
[^key-729f5bfb4e3ac90eb97fc0783743381c]: [S. 40(6)](https://www.legislation.gov.uk/asp/2003/11/section/40/6) substituted (23.12.2016) by [Land Reform (Scotland) Act 2016 (asp 18)](https://www.legislation.gov.uk/asp/2016/18), [ss. 122(2)(b)](https://www.legislation.gov.uk/asp/2016/18/section/122/2/b), [130(1)](https://www.legislation.gov.uk/asp/2016/18/section/130/1) (with [s. 128](https://www.legislation.gov.uk/asp/2016/18/section/128)); [S.S.I. 2016/365](https://www.legislation.gov.uk/ssi/2016/365), [reg. 2](https://www.legislation.gov.uk/ssi/2016/365/regulation/2), [sch.](https://www.legislation.gov.uk/ssi/2016/365/schedule) (with [reg. 12](https://www.legislation.gov.uk/ssi/2016/365/regulation/12))
[^key-a065cdcea7e717286dcdfb0b58829668]: [S. 40(12)(a)](https://www.legislation.gov.uk/asp/2003/11/section/40/12/a) substituted (23.12.2016) by [Land Reform (Scotland) Act 2016 (asp 18)](https://www.legislation.gov.uk/asp/2016/18), [ss. 122(2)(c)](https://www.legislation.gov.uk/asp/2016/18/section/122/2/b), [130(1)](https://www.legislation.gov.uk/asp/2016/18/section/130/1) (with [s. 128](https://www.legislation.gov.uk/asp/2016/18/section/128)); [S.S.I. 2016/365](https://www.legislation.gov.uk/ssi/2016/365), [reg. 2](https://www.legislation.gov.uk/ssi/2016/365/regulation/2), [sch.](https://www.legislation.gov.uk/ssi/2016/365/schedule) (with [reg. 12](https://www.legislation.gov.uk/ssi/2016/365/regulation/12))
[^key-f75fe12b1e0703d74f7610b96047d646]: Words in [s. 41(1)](https://www.legislation.gov.uk/asp/2003/11/section/41/1) inserted (23.12.2016) by [Land Reform (Scotland) Act 2016 (asp 18)](https://www.legislation.gov.uk/asp/2016/18), [ss. 121(4)(a)](https://www.legislation.gov.uk/asp/2016/18/section/121/4/a), [130(1)](https://www.legislation.gov.uk/asp/2016/18/section/130/1) (with [s. 128](https://www.legislation.gov.uk/asp/2016/18/section/128)); [S.S.I. 2016/365](https://www.legislation.gov.uk/ssi/2016/365), [reg. 2](https://www.legislation.gov.uk/ssi/2016/365/regulation/2), [sch.](https://www.legislation.gov.uk/ssi/2016/365/schedule) (with [reg. 12](https://www.legislation.gov.uk/ssi/2016/365/regulation/12))
[^key-02da37da083d7cc341bf58baf202df0b]: Words in [s. 41(2)](https://www.legislation.gov.uk/asp/2003/11/section/41/2) substituted (23.12.2016) by [Land Reform (Scotland) Act 2016 (asp 18)](https://www.legislation.gov.uk/asp/2016/18), [ss. 121(4)(b)](https://www.legislation.gov.uk/asp/2016/18/section/121/4/b), [130(1)](https://www.legislation.gov.uk/asp/2016/18/section/130/1) (with [s. 128](https://www.legislation.gov.uk/asp/2016/18/section/128)); [S.S.I. 2016/365](https://www.legislation.gov.uk/ssi/2016/365), [reg. 2](https://www.legislation.gov.uk/ssi/2016/365/regulation/2), [sch.](https://www.legislation.gov.uk/ssi/2016/365/schedule) (with [reg. 12](https://www.legislation.gov.uk/ssi/2016/365/regulation/12))
[^key-1d1cd26dce53adbeebb5da834e6d8a57]: Words in [s. 41(3)](https://www.legislation.gov.uk/asp/2003/11/section/41/3) inserted (23.12.2016) by [Land Reform (Scotland) Act 2016 (asp 18)](https://www.legislation.gov.uk/asp/2016/18), [ss. 121(4)(c)(i)](https://www.legislation.gov.uk/asp/2016/18/section/121/4/c/i), [130(1)](https://www.legislation.gov.uk/asp/2016/18/section/130/1) (with [s. 128](https://www.legislation.gov.uk/asp/2016/18/section/128)); [S.S.I. 2016/365](https://www.legislation.gov.uk/ssi/2016/365), [reg. 2](https://www.legislation.gov.uk/ssi/2016/365/regulation/2), [sch.](https://www.legislation.gov.uk/ssi/2016/365/schedule) (with [reg. 12](https://www.legislation.gov.uk/ssi/2016/365/regulation/12))
[^key-02c1e6e1f14be120c8031594bda2b958]: Words in [s. 41(3)](https://www.legislation.gov.uk/asp/2003/11/section/41/3) inserted (23.12.2016) by [Land Reform (Scotland) Act 2016 (asp 18)](https://www.legislation.gov.uk/asp/2016/18), [ss. 121(4)(c)(ii)](https://www.legislation.gov.uk/asp/2016/18/section/121/4/c/ii), [130(1)](https://www.legislation.gov.uk/asp/2016/18/section/130/1) (with [s. 128](https://www.legislation.gov.uk/asp/2016/18/section/128)); [S.S.I. 2016/365](https://www.legislation.gov.uk/ssi/2016/365), [reg. 2](https://www.legislation.gov.uk/ssi/2016/365/regulation/2), [sch.](https://www.legislation.gov.uk/ssi/2016/365/schedule) (with [reg. 12](https://www.legislation.gov.uk/ssi/2016/365/regulation/12))
[^key-6218a285c65a41f8d9b36ac6e0c28088]: S. 45(5) inserted (23.12.2016) by [Land Reform (Scotland) Act 2016 (asp 18)](https://www.legislation.gov.uk/asp/2016/18), [s. 130(1)](https://www.legislation.gov.uk/asp/2016/18/section/130/1), [sch. 2 para. 7(16)(b)](https://www.legislation.gov.uk/asp/2016/18/schedule/2/paragraph/7/16/b) (with [s. 128](https://www.legislation.gov.uk/asp/2016/18/section/128)); [S.S.I. 2016/365](https://www.legislation.gov.uk/ssi/2016/365), [reg. 2](https://www.legislation.gov.uk/ssi/2016/365/regulation/2), [sch.](https://www.legislation.gov.uk/ssi/2016/365/schedule) (with [reg. 14](https://www.legislation.gov.uk/ssi/2016/365/regulation/14))
[^key-ab0d09794630b35eaf54eaf08d8cdc18]: S. 7(5A) inserted (23.12.2016) by [Land Reform (Scotland) Act 2016 (asp 18)](https://www.legislation.gov.uk/asp/2016/18), [ss. 104(2)(c)](https://www.legislation.gov.uk/asp/2016/18/section/104/2/c), [130(1)](https://www.legislation.gov.uk/asp/2016/18/section/130/1) (with [s. 128](https://www.legislation.gov.uk/asp/2016/18/section/128)); [S.S.I. 2016/365](https://www.legislation.gov.uk/ssi/2016/365), [reg. 2](https://www.legislation.gov.uk/ssi/2016/365/regulation/2), [sch.](https://www.legislation.gov.uk/ssi/2016/365/schedule) (with [reg. 4](https://www.legislation.gov.uk/ssi/2016/365/regulation/4))
[^key-729e134f87f83b5dd2d0e6a8f4c03d1c]: Words in s. 7(3) substituted (23.12.2016) by [Land Reform (Scotland) Act 2016 (asp 18)](https://www.legislation.gov.uk/asp/2016/18), [ss. 104(2)(a)](https://www.legislation.gov.uk/asp/2016/18/section/104/2/a), [130(1)](https://www.legislation.gov.uk/asp/2016/18/section/130/1) (with [s. 128](https://www.legislation.gov.uk/asp/2016/18/section/128)); [S.S.I. 2016/365](https://www.legislation.gov.uk/ssi/2016/365), [reg. 2](https://www.legislation.gov.uk/ssi/2016/365/regulation/2), [sch.](https://www.legislation.gov.uk/ssi/2016/365/schedule) (with [reg. 4](https://www.legislation.gov.uk/ssi/2016/365/regulation/4))
[^key-5d5bf2774f263334b351ad2154b759ea]: S. 7(3A)(3B) inserted (23.12.2016) by [Land Reform (Scotland) Act 2016 (asp 18)](https://www.legislation.gov.uk/asp/2016/18), [ss. 104(2)(b)](https://www.legislation.gov.uk/asp/2016/18/section/104/2/b), [130(1)](https://www.legislation.gov.uk/asp/2016/18/section/130/1) (with [s. 128](https://www.legislation.gov.uk/asp/2016/18/section/128)); [S.S.I. 2016/365](https://www.legislation.gov.uk/ssi/2016/365), [reg. 2](https://www.legislation.gov.uk/ssi/2016/365/regulation/2), [sch.](https://www.legislation.gov.uk/ssi/2016/365/schedule) (with [reg. 4](https://www.legislation.gov.uk/ssi/2016/365/regulation/4))
[^key-d9c4cec7ea90b56f0aeb7e58237a8f42]: S. 9(1A) inserted (23.12.2016 for the purpose of making regulations under s. 9A(3), 9B(3) and 9C(6) and otherwise prosp.) by [Land Reform (Scotland) Act 2016 (asp 18)](https://www.legislation.gov.uk/asp/2016/18), [ss. 102(2)(c)](https://www.legislation.gov.uk/asp/2016/18/section/102/2/c), [130(1)](https://www.legislation.gov.uk/asp/2016/18/section/130/1) (with [s. 128](https://www.legislation.gov.uk/asp/2016/18/section/128)); [S.S.I. 2016/365](https://www.legislation.gov.uk/ssi/2016/365), [reg. 2](https://www.legislation.gov.uk/ssi/2016/365/regulation/2), [sch.](https://www.legislation.gov.uk/ssi/2016/365/schedule)
[^key-42d30eea556989cafd4fd78e9025bd5f]: S. 9(2)-(4) substituted for s. 9(2)-(8) (23.12.2016 for the purpose of making regulations under s. 9A(3), 9B(3) and 9C(6) and otherwise prosp.) by [Land Reform (Scotland) Act 2016 (asp 18)](https://www.legislation.gov.uk/asp/2016/18), [ss. 102(2)(d)](https://www.legislation.gov.uk/asp/2016/18/section/102/2/d), [130(1)](https://www.legislation.gov.uk/asp/2016/18/section/130/1) (with [s. 128](https://www.legislation.gov.uk/asp/2016/18/section/128)); [S.S.I. 2016/365](https://www.legislation.gov.uk/ssi/2016/365), [reg. 2](https://www.legislation.gov.uk/ssi/2016/365/regulation/2), [sch.](https://www.legislation.gov.uk/ssi/2016/365/schedule)
[^key-8032b1a50bdf43f814a47004677577f2]: Words in s. 9(A1) inserted (23.12.2016 for the purpose of making regulations under s. 9A(3), 9B(3) and 9C(6) and otherwise prosp.) by [Land Reform (Scotland) Act 2016 (asp 18)](https://www.legislation.gov.uk/asp/2016/18), [ss. 102(2)(a)](https://www.legislation.gov.uk/asp/2016/18/section/102/2/a), [130(1)](https://www.legislation.gov.uk/asp/2016/18/section/130/1) (with [s. 128](https://www.legislation.gov.uk/asp/2016/18/section/128)); [S.S.I. 2016/365](https://www.legislation.gov.uk/ssi/2016/365), [reg. 2](https://www.legislation.gov.uk/ssi/2016/365/regulation/2), [sch.](https://www.legislation.gov.uk/ssi/2016/365/schedule)
[^key-a6956a1519db07a1f31ced4d2da764fc]: Words in s. 9(1) inserted (23.12.2016 for the purpose of making regulations under s. 9A(3), 9B(3) and 9C(6) and otherwise prosp.) by [Land Reform (Scotland) Act 2016 (asp 18)](https://www.legislation.gov.uk/asp/2016/18), [ss. 102(2)(b)](https://www.legislation.gov.uk/asp/2016/18/section/102/2/b), [130(1)](https://www.legislation.gov.uk/asp/2016/18/section/130/1) (with [s. 128](https://www.legislation.gov.uk/asp/2016/18/section/128)); [S.S.I. 2016/365](https://www.legislation.gov.uk/ssi/2016/365), [reg. 2](https://www.legislation.gov.uk/ssi/2016/365/regulation/2), [sch.](https://www.legislation.gov.uk/ssi/2016/365/schedule)
[^key-0f152c958cd0d792c186564c1fef984c]: Word in [s. 91(3)(a)](https://www.legislation.gov.uk/asp/2003/11/section/91/3/a) repealed (23.12.2016) by [Land Reform (Scotland) Act 2016 (asp 18)](https://www.legislation.gov.uk/asp/2016/18), [s. 130(1)](https://www.legislation.gov.uk/asp/2016/18/section/130/1), [sch. 2 para. 19(2)(a)](https://www.legislation.gov.uk/asp/2016/18/schedule/2/paragraph/19/2/a) (with [s. 128](https://www.legislation.gov.uk/asp/2016/18/section/128)); [S.S.I. 2016/365](https://www.legislation.gov.uk/ssi/2016/365), [reg. 2](https://www.legislation.gov.uk/ssi/2016/365/regulation/2), [sch.](https://www.legislation.gov.uk/ssi/2016/365/schedule)
[^key-b6ba4dee65c1d22ba478503c6fefa89b]: Words in [s. 91(3)(b)](https://www.legislation.gov.uk/asp/2003/11/section/91/3/b) inserted (23.12.2016) by [Land Reform (Scotland) Act 2016 (asp 18)](https://www.legislation.gov.uk/asp/2016/18), [s. 130(1)](https://www.legislation.gov.uk/asp/2016/18/section/130/1), [sch. 2 para. 19(2)(b)(i)](https://www.legislation.gov.uk/asp/2016/18/schedule/2/paragraph/19/2/b/i) (with [s. 128](https://www.legislation.gov.uk/asp/2016/18/section/128)); [S.S.I. 2016/365](https://www.legislation.gov.uk/ssi/2016/365), [reg. 2](https://www.legislation.gov.uk/ssi/2016/365/regulation/2), [sch.](https://www.legislation.gov.uk/ssi/2016/365/schedule)
[^key-f4775da387e570fee6bde56172a2e846]: Words in [s. 91(3)(b)](https://www.legislation.gov.uk/asp/2003/11/section/91/3/b) substituted (23.12.2016) by [Land Reform (Scotland) Act 2016 (asp 18)](https://www.legislation.gov.uk/asp/2016/18), [s. 130(1)](https://www.legislation.gov.uk/asp/2016/18/section/130/1), [sch. 2 para. 19(2)(b)(ii)](https://www.legislation.gov.uk/asp/2016/18/schedule/2/paragraph/19/2/b/ii) (with [s. 128](https://www.legislation.gov.uk/asp/2016/18/section/128)); [S.S.I. 2016/365](https://www.legislation.gov.uk/ssi/2016/365), [reg. 2](https://www.legislation.gov.uk/ssi/2016/365/regulation/2), [sch.](https://www.legislation.gov.uk/ssi/2016/365/schedule)
[^key-35a577a8648030e2e65266680b430c4e]: Words in [s. 91(4)(b)](https://www.legislation.gov.uk/asp/2003/11/section/91/4/b) inserted (23.12.2016) by [Land Reform (Scotland) Act 2016 (asp 18)](https://www.legislation.gov.uk/asp/2016/18), [s. 130(1)](https://www.legislation.gov.uk/asp/2016/18/section/130/1), [sch. 2 para. 19(2)(c)(i)](https://www.legislation.gov.uk/asp/2016/18/schedule/2/paragraph/19/2/c/i) (with [s. 128](https://www.legislation.gov.uk/asp/2016/18/section/128)); [S.S.I. 2016/365](https://www.legislation.gov.uk/ssi/2016/365), [reg. 2](https://www.legislation.gov.uk/ssi/2016/365/regulation/2), [sch.](https://www.legislation.gov.uk/ssi/2016/365/schedule)
[^key-7f9fe8cdd94424dde400619ceb89d774]: Words in [s. 91(4)(b)](https://www.legislation.gov.uk/asp/2003/11/section/91/4/b) inserted (23.12.2016) by [Land Reform (Scotland) Act 2016 (asp 18)](https://www.legislation.gov.uk/asp/2016/18), [s. 130(1)](https://www.legislation.gov.uk/asp/2016/18/section/130/1), [sch. 2 para. 19(2)(c)(ii)](https://www.legislation.gov.uk/asp/2016/18/schedule/2/paragraph/19/2/c/ii) (with [s. 128](https://www.legislation.gov.uk/asp/2016/18/section/128)); [S.S.I. 2016/365](https://www.legislation.gov.uk/ssi/2016/365), [reg. 2](https://www.legislation.gov.uk/ssi/2016/365/regulation/2), [sch.](https://www.legislation.gov.uk/ssi/2016/365/schedule)
[^key-ab0c5f352a38b554c0ad2eeaa5ce867c]: Words in [s. 91(4)(b)](https://www.legislation.gov.uk/asp/2003/11/section/91/4/b) substituted (23.12.2016) by [Land Reform (Scotland) Act 2016 (asp 18)](https://www.legislation.gov.uk/asp/2016/18), [s. 130(1)](https://www.legislation.gov.uk/asp/2016/18/section/130/1), [sch. 2 para. 19(2)(c)(iii)](https://www.legislation.gov.uk/asp/2016/18/schedule/2/paragraph/19/2/c/iii) (with [s. 128](https://www.legislation.gov.uk/asp/2016/18/section/128)); [S.S.I. 2016/365](https://www.legislation.gov.uk/ssi/2016/365), [reg. 2](https://www.legislation.gov.uk/ssi/2016/365/regulation/2), [sch.](https://www.legislation.gov.uk/ssi/2016/365/schedule)
[^key-1f5d8c73ef803a1bdd24435b246f0fad]: Words in [s. 92(2)](https://www.legislation.gov.uk/asp/2003/11/section/92/2) substituted (23.12.2016 for specified purposes) by [Land Reform (Scotland) Act 2016 (asp 18)](https://www.legislation.gov.uk/asp/2016/18), [s. 130(1)](https://www.legislation.gov.uk/asp/2016/18/section/130/1), [sch. 2 para. 7(29)](https://www.legislation.gov.uk/asp/2016/18/schedule/2/paragraph/7/29) (with [s. 128](https://www.legislation.gov.uk/asp/2016/18/section/128)); [S.S.I. 2016/365](https://www.legislation.gov.uk/ssi/2016/365), [reg. 2](https://www.legislation.gov.uk/ssi/2016/365/regulation/2), [sch.](https://www.legislation.gov.uk/ssi/2016/365/schedule) (with [reg. 15](https://www.legislation.gov.uk/ssi/2016/365/regulation/15))
[^key-abaeed92f9206885086e164c05a740e4]: Words in [s. 93](https://www.legislation.gov.uk/asp/2003/11/section/93) inserted (23.12.2016 for specified purposes) by [Land Reform (Scotland) Act 2016 (asp 18)](https://www.legislation.gov.uk/asp/2016/18), [s. 130(1)](https://www.legislation.gov.uk/asp/2016/18/section/130/1), [sch. 2 para. 7(30)(b)](https://www.legislation.gov.uk/asp/2016/18/schedule/2/paragraph/7/30/b) (with [s. 128](https://www.legislation.gov.uk/asp/2016/18/section/128)); [S.S.I. 2016/365](https://www.legislation.gov.uk/ssi/2016/365), [reg. 2](https://www.legislation.gov.uk/ssi/2016/365/regulation/2), [sch.](https://www.legislation.gov.uk/ssi/2016/365/schedule)
#### Assignation and subletting of limited duration tenancies
#### Registration of tenant’s interest
#### Right of landlord to object to acquirer of tenancy
#### Notice of and objection to diversification
#### Payment of compensation by incoming tenant
#### Compensation for other particular things
#### Interdict in certain cases
#### Right to buy
#### Right to compensation for improvements
#### Compensation arising as a result of diversification etc.
#### Termination of tenancy
#### Variation of rent
#### Termination of tenancy
#### Good husbandry and conservation activities
#### Jurisdiction of the Land Court
#### Jurisdiction of the Land Court
@@ -3709,3 +3935,951 @@
#### Agriculture Act 1986 (c. 49)
#### The 1991 Act
#### Application of the 1991 Act to agricultural holdings
#### Modern limited duration tenancies
##### 5A
- (1) Where—
- (a) agricultural land is let under a lease entered into on or after the coming into force of this section for a term of not less than 10 years,
- (b) the land comprised in the lease is not let to the tenant during the tenant's continuance in any office, appointment or employment held under the landlord, and
- (c) the lease does not constitute a 1991 Act tenancy or a repairing tenancy,
the tenancy under the lease is, by virtue of this subsection, a modern limited duration tenancy.
- (2) Where—
- (a) at any time before the expiry of the term of a short limited duration tenancy, the landlord and the tenant agree in writing to convert the tenancy to a modern limited duration tenancy, or
- (b) the tenant remains in occupation of the land after the expiry of the term of a short limited duration tenancy of 5 years (including such a term fixed by virtue of section 4(2) or (3)) with the consent of the landlord,
the tenancy has effect as if it were for a term of 10 years commencing at the start of the term of the short limited duration tenancy, and the tenancy is, by virtue of this subsection, a modern limited duration tenancy.
- (3) Where subsection (5) of section 4 results in a short limited duration tenancy purporting to be for a term of more than 5 years, the tenancy has effect as if it were for a term of 10 years; and the tenancy is, by virtue of this subsection, a modern limited duration tenancy.
- (4) Without prejudice to subsections (2) and (3), where a lease constituting a tenancy of agricultural land, as described in paragraphs (b) and (c) of subsection (1), purports to be for a term of more than 5 years and less than 10 years, the tenancy has effect as if it were for a term of 10 years; and the tenancy is, by virtue of this subsection, a modern limited duration tenancy.
- (5) Section 5B does not apply to a modern limited duration tenancy created under subsection (2), (3) or (4).
##### 5B
- (1) This section applies where the tenant under a lease constituting a modern limited duration tenancy is a new entrant to farming.
- (2) The lease may contain a provision that the tenancy may be terminated after 5 years in accordance with section 8D (a “break clause”).
- (3) The Scottish Ministers may by regulations make further provision about the tenants who are new entrants for the purposes of this section.
##### 5C
- (1) Where—
- (a) agricultural land is let under a lease entered into on or after the coming into force of this section for a term of not less than 35 years,
- (b) the land comprised in the lease is not let to the tenant during the tenant's continuance in any office, appointment or employment held under the landlord,
- (c) the lease does not constitute a 1991 Act tenancy,
- (d) the lease requires the tenant, during the repairing period, to improve the land comprised in the lease in order to bring it into a state capable of being farmed, after the expiry of the repairing period, in accordance with the rules of good husbandry, and
- (e) the lease expressly states that this section is to apply to the tenancy,
the tenancy is, by virtue of this subsection, a repairing tenancy.
- (2) In this Part, the “repairing period” is the period, beginning with the commencement of the tenancy, of—
- (a) 5 years, or
- (b) such longer period—
- (i) as the landlord and tenant may agree under this paragraph or, as the case may be, under subsection (3)(a), or
- (ii) as the Land Court may determine under subsection (3)(b).
- (3) The repairing period may be extended at any time before its expiry—
- (a) by the landlord and tenant by agreement, or
- (b) by the Land Court on the application of either the landlord or the tenant.
- (4) On an application under subsection (3)(b), the Land Court may extend the repairing period—
- (a) if it considers it appropriate in all the circumstances to do so, and
- (b) by such period as it determines necessary in all the circumstances.
- (5) A lease constituting a repairing tenancy may contain a provision that the tenancy may be terminated in accordance with section 8G (a “break clause”).
- (6) In this section and section 5D, what is good husbandry is to be construed by reference to schedule 6 of the Agriculture (Scotland) Act 1948.
##### 5D
- (1) Where a lease constituting a repairing tenancy does not include provision mentioned in subsection (2), such provision is incorporated.
- (2) The provision is that during the repairing period the tenant cannot be held liable for not farming the land comprised in the lease in accordance with the rules of good husbandry.
##### 9A
- (1) A rent review notice must be dated and state the following—
- (a) the names and designations of the landlord and the tenant,
- (b) the name (if any) and the address of the land comprised in the lease or such other description of the land as will identify it,
- (c) the rent currently payable in respect of the land,
- (d) the rent that the person serving the notice proposes should be payable,
- (e) the date by which the landlord and the tenant must reach agreement as to what the rent payable should be (the “rent agreement date”).
- (2) The rent review notice must be accompanied by information in writing explaining the basis on which the rent proposed by the person serving the notice has been calculated.
- (3) The Scottish Ministers may by regulations make further provision about—
- (a) the form and content of rent review notices,
- (b) the information that must or may accompany them.
##### 9B
- (1) On review, the rent payable is the fair rent for the tenancy taking account of all the circumstances and having regard, in particular, to—
- (a) the productive capacity of the land comprised in the lease,
- (b) the open market rent of any surplus residential accommodation on the land provided by the landlord, and
- (c) the open market rent of—
- (i) any fixed equipment on the land provided by the landlord, or
- (ii) any land comprised in the lease,
used for a purpose that is not an agricultural purpose.
- (2) In this section and section 9C(4)(a)(ii), the “*open market rent*” means the rent at which—
- (a) any surplus residential accommodation, or
- (b) any fixed equipment or land used for a purpose that is not an agricultural purpose,
might reasonably be expected to be let on the open market by a willing landlord to a willing tenant.
- (3) The Scottish Ministers may by regulations make provision for the purposes of this section about the productive capacity of land comprised in leases of limited duration tenancies, modern limited duration tenancies and repairing tenancies, including how the productive capacity of such land is to be determined.
- (4) The rent determined in accordance with this section is to take effect from the rent agreement date.
##### 9C
- (1) Residential accommodation on land comprised in the lease of a limited duration tenancy, a modern limited duration tenancy or a repairing tenancy is surplus to the extent that it exceeds what is necessary to provide accommodation for the standard labour requirement of the land.
- (2) In determining whether residential accommodation is surplus—
- (a) whether the standard labour requirement of the holding varies (seasonally or otherwise) may be taken into account,
- (b) any accommodation—
- (i) all or part of which is occupied by the tenant, or
- (ii) which the tenant is prohibited (by the lease or otherwise) from subletting,
is to be disregarded.
- (3) But any such prohibition as is mentioned in subsection (2)(b)(ii) is to be ignored if the tenant has sublet the accommodation by virtue of section 39(3).
- (4) In having regard for the purposes of section 9B(1)(b) to the open market rent for any surplus residential accommodation—
- (a) all the circumstances must be taken into account, including—
- (i) the condition of the accommodation and its location, and
- (ii) where accommodation is occupied by a retired agricultural worker, under an arrangement or agreement between the landlord and the tenant, at no rent or at a rent that is below what the open market rent for that accommodation would otherwise be, that fact,
- (b) the fact that the accommodation is not currently let is to be disregarded.
- (5) Where regard is had to the open market rent for surplus residential accommodation for the purposes of section 9B(1)(b), that accommodation is to be disregarded for the purposes of section 9B(1)(c).
- (6) The Scottish Ministers may by regulations make provision about the standard labour requirement of land comprised in leases of limited duration tenancies, modern limited duration tenancies or repairing tenancies, including how the standard labour requirement of such land is to be determined.
##### 10A
- (1) This section applies where the landlord of—
- (a) a short limited duration tenancy within the meaning of section 4,
- (b) a limited duration tenancy within the meaning of section 5,
- (c) a modern limited duration tenancy within the meaning of section 5A, or
- (d) subject to subsection (2), a repairing tenancy within the meaning of section 5C,
intends to carry out a relevant improvement.
- (2) Subsection (1) does not apply in respect of the landlord of a repairing tenancy in relation to which the repairing period has not expired.
- (3) A “relevant improvement” is an improvement specified in schedule 5 of the 1991 Act which is not intended to be carried out—
- (a) at the request of or in agreement with the tenant,
- (b) in pursuance of an undertaking given by landlord under section 49(2) (as read with section 39(3) of the 1991 Act), or
- (c) in pursuance of a direction given by the Scottish Ministers under powers conferred on them by or under any enactment.
- (4) The landlord must give notice in writing to the tenant before carrying out the relevant improvement, unless section 10F applies.
- (5) A notice served in accordance with this section is a “landlord improvement notice”.
- (6) A landlord improvement notice must be dated and state the following—
- (a) the names and designations of the landlord and the tenant,
- (b) the name (if any) and the address of the land comprised in the lease or such other description of the land as will identify it,
- (c) details of the intended improvement, including the manner of the improvement,
- (d) the landlord's reasons as to why the improvement is necessary to enable the tenant to fulfil the tenant's responsibilities to farm the land comprised in the lease in accordance with the rules of good husbandry.
- (7) In this section and in sections 10B to 10F, what is good husbandry is to be construed by reference to schedule 6 of the Agriculture (Scotland) Act 1948.
##### 10B
- (1) Where the landlord has given a landlord improvement notice under section 10A, the tenant may object to the improvement or to part of it by giving notice in writing to the landlord before the end of the period of 2 months beginning with the day on which the tenant received the landlord improvement notice.
- (2) A notice under subsection (1) must be dated and must state the tenant's reasons as to why the improvement is not necessary to enable the tenant to fulfil the tenant's responsibilities to farm the land comprised in the lease in accordance with the rules of good husbandry.
##### 10C
- (1) Where the tenant has given notice of objection under section 10B the landlord may, before the end of the period of 2 months beginning with the day on which the landlord received the notice of objection, apply to the Land Court for approval of the relevant improvement.
- (2) The Land Court may—
- (a) approve the carrying out of the relevant improvement—
- (i) unconditionally, or
- (ii) upon such terms as appear to it to be appropriate, or
- (b) withhold its approval.
- (3) Before approving a relevant improvement, the Land Court must be satisfied that the improvement is necessary to enable the tenant to fulfil the tenant's responsibilities to farm the land comprised in the lease in accordance with the rules of good husbandry.
##### 10D
- (1) This section applies where an improvement is to be carried out by the landlord—
- (a) at the request of or in agreement with the tenant,
- (b) in pursuance of an undertaking given by the landlord under section 49(2),
- (c) in pursuance of a direction given by the Scottish Ministers under powers conferred on them by or under any enactment, or
- (d) after the landlord has given a landlord improvement notice in accordance with section 10A and—
- (i) the tenant has not given notice of objection in accordance with section 10B, or
- (ii) the tenant has given such notice of objection but the Land Court has approved the improvement under section 10C(2)(a).
- (2) The landlord must give notice in writing to the tenant stating the period during which the landlord intends to carry out the improvement.
- (3) Unless the landlord and tenant agree otherwise, that period must not commence earlier than the expiry of 2 weeks beginning with the day on which the landlord gives notice under subsection (2).
- (4) Where the landlord has not begun to carry out an improvement, notice of which has been given under subsection (2), and there is a good reason for postponing the carrying out of the improvement, the landlord may give a new notice under subsection (2).
- (5) Subsection (6) applies where the landlord has begun to carry out an improvement, notice of which has been given under subsection (2), and there is a good reason for extending the period during which the improvement is to be carried out.
- (6) The landlord may, at any time before the expiry of the period stated in the notice under subsection (2), extend the period by giving notice in writing to the tenant stating the extended period during which the landlord intends to carry out the improvement.
- (7) See section 10F on emergency improvements.
##### 10E
- (1) Subsection (2) applies where a landlord has carried out an improvement and—
- (a) the landlord did not give notice of the improvement to the tenant in accordance with section 10A,
- (b) the tenant objected to the improvement under section 10B and the Land Court has not approved the improvement under section 10C(2)(a),
- (c) the improvement is in breach of any decision of the Land Court under section 10C,
- (d) the improvement was not an emergency improvement as defined in section 10F.
- (2) Any such improvement is to be disregarded for the purposes of—
- (a) assessing the tenant's responsibilities—
- (i) in relation to farming the land comprised in the lease in accordance with the rules of good husbandry,
- (ii) in relation to fixed equipment under sections 16(4)(b) and 16A(5)(b)(ii),
- (b) any subsequent rent review under section 9.
##### 10F
- (1) Where a landlord or a tenant considers that an emergency improvement is required, sections 10A(4) and 10D(2), (3), (5) and (6) do not apply.
- (2) In this section an “*emergency improvement*” means a relevant improvement that is necessary for the purposes of—
- (a) protecting public health from infectious diseases, contamination or other hazards which constitute a danger to human health,
- (b) preventing a danger or potential danger to public safety,
- (c) enabling the tenant to comply with the requirements of the Animal Health and Welfare (Scotland) Act 2006,
- (d) securing the provision of essential services including electricity and water supply services, or
- (e) remedying an accident or natural cause or force majeure which was exceptional and could not reasonably have been foreseen.
#### Resumption of land by landlord
##### 18A
- (1) Without prejudice to any rule of law, it is for the landlord and tenant to provide in the lease constituting a modern limited duration tenancy what grounds there are for irritancy of the lease.
- (2) Any term of such a lease or of an agreement in connection with the lease that provides for the lease to be irritated solely on the grounds that the tenant is not or has not been resident on the land is of no effect.
- (3) Where such a lease may be irritated on the grounds that the tenant is not using the land in accordance with the rules of good husbandry, what is good husbandry is to be construed, subject to subsections (4) and (5), by reference to schedule 6 of the Agriculture (Scotland) Act 1948.
- (4) Conservation activities are to be treated as being in accordance with the rules of good husbandry if they are carried out in accordance with—
- (a) an agreement entered into under any enactment by the tenant, or
- (b) the conditions of—
- (i) any grant for the purpose of such activities paid out of the Scottish Consolidated Fund, or
- (ii) such other grant of a public nature as the Scottish Ministers may by regulations specify.
- (5) Such use of any of the land, or such change to the land, for a non-agricultural purpose as has been permitted under section 40 or 41 is to be treated as being in accordance with the rules of good husbandry.
- (6) Where the landlord intends to irritate the lease, the landlord must give the tenant notice in writing specifying—
- (a) the breach of the tenant's obligations under the lease which form the grounds on which the landlord intends to irritate the lease, and
- (b) the period before the expiry of which the tenant must remedy that breach, which period must be not less than 12 months beginning with the date of the notice.
- (7) The period mentioned in subsection (6)(b) may be extended—
- (a) by the landlord and the tenant by agreement, or
- (b) by the Land Court on the application of the tenant.
- (8) The landlord may not enforce any right to remove the tenant on grounds of irritancy unless—
- (a) the period specified in the notice under subsection (6)(b), or such extended period as mentioned in subsection (7), has expired without the tenant having remedied the breach specified in the notice, and
- (b) the landlord has given notice in writing of the intention so to enforce the right to remove the tenant not less than 2 months before the date on which the tenant is to be removed.
#### Bequest of lease
## PART 2A — Sale where landlord in breach
### Application to Land Court for order for sale
#### Application to Land Court for order for sale
##### 38A
- (1) This section applies where—
- (a) the Land Court has made an order (but not an interim order) under section 84(1)(b) requiring the landlord of a 1991 Act tenancy to remedy a material breach of the landlord's obligations in relation to the tenant, or
- (b) an arbiter appointed under section 61A(3) of the 1991 Act has by virtue of section 61A(5) made an award having the same effect as such an order.
- (2) Subject to subsection (5), the tenant may apply to the Land Court for an order for sale if the landlord fails to comply with the order or award mentioned in subsection (1)—
- (a) in a material regard, and
- (b) by the date specified in the order or award by virtue of section 84(2) or, as the case may be, section 61A(5) of the 1991 Act.
- (3) An “order for sale” is an order that the tenant has the right to buy the land comprised in the lease.
- (4) The tenant must give notice of the application—
- (a) to the landlord,
- (b) where there is a heritable security over an interest in the land comprised in the lease, to the creditor who holds the security,
- (c) to such other persons as the Scottish Ministers may prescribe by regulations.
- (5) Where—
- (a) the tenant acquired a right to buy the land comprised in the lease under section 28, and
- (b) the right to buy was extinguished under section 29(6) or 32(8),
the tenant may apply for an order for sale only if the period of 12 months, beginning with the date on which the right to buy was extinguished, has expired.
##### 38B
- (1) The Land Court may make an order for sale if satisfied that—
- (a) the landlord has failed to comply with the order or award mentioned in section 38A(1)—
- (i) in a material regard, and
- (ii) by the date specified in the order or, as the case may be, the award,
- (b) the failure substantially and adversely affects the tenant's ability to fulfil the tenant's responsibilities to farm the holding in accordance with the rules of good husbandry,
- (c) greater hardship would be caused by not making the order than by making it, and
- (d) in all the circumstances it is appropriate.
- (2) The Land Court may make an order for sale despite the fact that the owner is subject to a legal incapacity or disability which would affect the owner's ability to transfer or otherwise deal with the land in respect of which the order is made.
- (3) Where the owner is subject to an enforceable personal obligation to transfer the land to a person other than the tenant, the Land Court may not make an order for sale unless—
- (a) the transfer is a transfer mentioned in subsection (4), and
- (b) the transfer—
- (i) is or forms part of a scheme or arrangement or is one of a series of transfers, and
- (ii) the main purpose or effect, or one of the main purposes or effects, of the scheme, arrangement or, as the case may be, series is the avoidance of the making of an order for sale.
- (4) The transfer referred to in subsection (3) is a transfer—
- (a) otherwise than for value,
- (b) between spouses in pursuance of an arrangement between them entered into at any time after they have ceased living together,
- (c) between companies in the same group, or
- (d) in consequence of—
- (i) the assumption, resignation or death of one or more of the partners in a partnership, or
- (ii) the assumption, resignation or death of one or more of the trustees of a trust.
- (5) For the purposes of subsection (4)(c), companies are in the same group if they are, or are included in a number of, companies which, by virtue of section 170 of the Taxation of Chargeable Gains Act 1992, together form a group for the purposes of sections 171 to 181 of that Act.
- (6) The Land Court must give notice of the making of the order to—
- (a) the landlord,
- (b) the owner (where the owner is not the landlord),
- (c) where there is a heritable security over an interest in the land comprised in the lease, the creditor who holds the security,
- (d) the Keeper of the Registers of Scotland,
- (e) such other persons as the Scottish Ministers may prescribe by regulations.
- (7) In subsection (1)(b), what is good husbandry is to be construed by reference to schedule 6 of the Agriculture (Scotland) Act 1948.
- (8) In this Part, “*owner*” includes a person in whom the land is vested for the purposes of any enactment relating to—
- (a) sequestration, bankruptcy, winding-up or incapacity, or
- (b) the purposes for which judicial factors may be appointed.
##### 38C
- (1) The Scottish Ministers may by regulations make provision prohibiting persons from transferring or otherwise dealing with land in respect of which an order for sale has been made under section 38B.
- (2) Regulations under subsection (1) may in particular include provision—
- (a) specifying the persons to whom the prohibition is to apply,
- (b) specifying the period during which the prohibition is to apply,
- (c) specifying transfers or dealings which are and are not prohibited by the regulations,
- (d) requiring information to be incorporated in deeds relating to the land (including specifying the information that is to be incorporated, the circumstances in which it is to be incorporated and the deeds in which it is to be incorporated),
- (e) requiring such information to be removed and the circumstances in which it is to be so removed.
##### 38D
- (1) Where an order for sale is made under section 38B, the rights mentioned in subsection (3) are—
- (a) suspended as from the date when the Land Court makes the order, and
- (b) revived—
- (i) when a transfer by virtue of the order is completed, or
- (ii) if such a transfer is not completed before the end of the period mentioned in subsection (2), or if the order for sale ceases to have effect, on the end of that period or on the order ceasing to have effect, whichever occurs first.
- (2) The period referred to in subsection (1)(b)(ii) is whichever of the following periods ends later—
- (a) the period of 12 months beginning with the day on which notice under section 38E(3) is given, or
- (b) such longer period fixed by or agreed under section 38F(4) or, as the case may be, specified in an order under section 38I(4)(b)(ii).
- (3) The rights referred to in subsection (1) are any rights—
- (a) of pre-emption, redemption or reversion, or
- (b) deriving from any other option to purchase,
exercisable over the land in respect of which the order for sale has been made.
- (4) The Scottish Ministers may by regulations make provision about the suspension and revival of other rights in or over land in respect of which an order for sale has been made.
- (5) Regulations under subsection (4) may in particular include provision specifying—
- (a) the rights to which the regulations do and do not apply,
- (b) the period during which such rights are suspended,
- (c) the circumstances in which the rights are revived (which may include the ending of a period as specified in the regulations).
- (6) Nothing in this section—
- (a) affects the operation of an inhibition on the sale of the land,
- (b) prevents an action of adjudication from proceeding, or
- (c) affects the commencement, execution or operation of any other diligence.
##### 38E
- (1) Where—
- (a) an order for sale is made under section 38B, and
- (b) the period within which an appeal against the making of the order may be brought has expired without an appeal being brought or, where such an appeal has been brought, it has been abandoned or dismissed,
the tenant has the right to buy the land in respect of which the order has been made from the owner.
- (2) Where a tenant has a right to buy under subsection (1), the tenant may proceed in accordance with section 38F to buy the land from the owner provided that notice is given under subsection (3).
- (3) Notice is given under this subsection if, before the period mentioned in subsection (4) has expired, the tenant gives notice that the tenant intends to buy the land to—
- (a) the owner,
- (b) the Keeper of the Registers of Scotland, and
- (c) the Land Court.
- (4) That period is the period of 28 days beginning with—
- (a) the day after the last day on which an appeal may be brought (no appeal having been brought), or
- (b) an appeal having been brought, the day after the day on which the appeal was abandoned or dismissed.
- (5) If at any time the tenant does not intend to proceed in accordance with section 38F to buy the land, the tenant must give notice of that fact to—
- (a) the owner,
- (b) the Keeper of the Registers of Scotland, and
- (c) the Land Court.
- (6) Where the tenant—
- (a) does not give notice under subsection (3), or
- (b) gives notice under subsection (5),
the tenant's right to buy is extinguished.
### Procedure for buying and valuation
##### 38F
- (1) It is for the tenant to make the offer to buy in exercise of the tenant's right to buy under section 38E.
- (2) The offer is to be at a price—
- (a) agreed between the tenant and the person from whom the land is to be bought (“the seller”), or
- (b) where there is no such agreement—
- (i) payable by the tenant in accordance with section 34(8), or
- (ii) if the price is determined in an appeal under section 37, as is so determined.
- (3) The offer must specify the date of entry and of payment of the price in accordance with subsection (4).
- (4) The date of entry and of payment of the price are to be—
- (a) a date not later than 6 months from the date when the tenant gave notice under section 38E(3) of the tenant's intention to buy,
- (b) where the price payable by the tenant is the subject of an appeal under section 37 which has not, before the expiry of the period of 4 months beginning with the date when the tenant gave such notice, been—
- (i) determined, or
- (ii) abandoned following agreement between the tenant and the seller,
a date not later than 2 months after the appeal is so determined or, as the case may be, abandoned, or
- (c) such later date as may be agreed between the tenant and the seller.
- (5) The offer may include such other reasonable conditions as are necessary or expedient to secure the efficient progress and completion of the transfer.
- (6) The seller must—
- (a) make available to the tenant such deeds and other documents as are sufficient to enable the tenant to proceed to complete title to the land,
- (b) transfer title accordingly.
##### 38G
- (1) The provisions mentioned in subsection (2) apply to a sale implementing a tenant's right to buy by virtue of an order for sale as they apply to a sale implementing a tenant's right to buy under section 28, subject to the modifications mentioned in that subsection.
- (2) Those provisions are—
- (a) section 33 (appointment of valuer), subject to the modifications that—
- (i) in subsection (2), the reference to section 29(2) or (4) is to be read as a reference to section 38E(3),
- (ii) subsection (5) does not apply,
- (b) section 34 (valuation of land), subject to the modifications that—
- (i) in subsection (1), the reference to the date of notice under section 26 of the seller's proposal to transfer the land is to be read as a reference to the date of notice under section 38E(3),
- (ii) in subsection (8), the reference to section 32(2)(b)(i) is to be read as a reference to section 38F(2)(b)(i),
- (c) section 35 (special provision where buyer is general partner in limited partnership), subject to the modification that the reference to section 28 is to be read as a reference to section 38E,
- (d) section 36 (further provision on valuation), subject to the modifications that—
- (i) in subsection (6)(a), the reference to section 32(7) is to be read as a reference to section 38I(3),
- (ii) the following subsection is to be inserted after subsection (6)—
> (6A) Where—
> (a) the Land Court has made an order under section 38H(3),
> (b) the seller to whom the order applies has complied with the order, and
> (c) the tenant does not proceed with the purchase of the land from the seller,
> the tenant is liable to the seller for any expenses met by the seller by virtue of subsection (5).
,
- (e) section 37 (appeal to the Lands Tribunal against valuation), subject to the modification that, in subsection (3)(b), the reference to section 32(2)(b)(ii) is to be read as a reference to section 38F(2)(b)(ii), and
- (f) section 38 (referral of certain matters by the Lands Tribunal to the Land Court).
##### 38H
- (1) If the seller has not, within the period fixed by or agreed under section 38F(4)—
- (a) complied with section 38F(6)(a), or
- (b) done any of the things mentioned in subsection (2),
the tenant may apply to the Land Court for an order under subsection (3).
- (2) The things are—
- (a) concluding missives for the sale of the land, or
- (b) taking all steps which the seller could reasonably have taken in the time available towards so concluding missives.
- (3) An order under this subsection may—
- (a) direct the seller to comply with section 38F(6)(a) within such period as the order may specify,
- (b) direct the seller—
- (i) to conclude missives, and
- (ii) to take such remedial action for the purpose of so concluding missives,
within such period as the order may specify, and
- (c) direct the tenant and seller to incorporate into the missives any term or condition in respect of the sale of the land as the order may specify.
- (4) If the seller fails to comply—
- (a) with an order under subsection (3), or
- (b) with section 38F(6)(b),
the Land Court may, on the application of the tenant, authorise its principal clerk to adjust, execute and deliver such deeds or other documents as will complete the transfer of ownership of the land to the tenant to the same force and effect as if done by the seller.
##### 38I
- (1) If the tenant has not, within the period fixed by or agreed under section 38F(4), done any of the things mentioned in subsection (2), the seller may apply to the Land Court for an order under subsection (3).
- (2) The things are—
- (a) concluding missives for the sale of the land, or
- (b) taking all steps which the tenant could reasonably have taken in the time available towards so concluding missives.
- (3) An order under this subsection may—
- (a) direct the tenant—
- (i) to conclude missives, and
- (ii) to take such remedial action for the purpose of so concluding missives,
within such period as the order may specify, and
- (b) direct the tenant and seller to incorporate into the missives any term or condition in respect of the sale of the land as the order may specify.
- (4) The right to buy is extinguished if—
- (a) the tenant fails to comply with an order under subsection (3), or
- (b) no order having been applied for under section 38H(3) or under subsection (3), missives have not been concluded before the end of—
- (i) the period of 12 months beginning with the date when the tenant gave notice under section 38E(3) of the tenant's intention to buy, or
- (ii) such longer period as the Land Court may, on the application of the tenant, order.
##### 38J
- (1) The price paid for the transfer of ownership of the land to the tenant is to be paid not later than the final settlement date.
- (2) The “final settlement date” is the date on which the period, fixed or agreed under section 38F(4) or, as the case may be, specified in an order under section 38I(4)(b)(ii), expires.
- (3) Where, on the final settlement date, the seller is not able to effect the grant of a good and marketable title to the tenant—
- (a) the price, or
- (b) if, for any reason, the price has not been ascertained, such sum as may be fixed by the valuer appointed under section 33,
is to be consigned into the Land Court until that title is granted, the tenant gives notice under section 38E(5) to the court of the tenant's decision not to proceed to complete the transaction or, as the case may be, the Land Court orders its release.
- (4) Except where subsection (3) applies, where the price remains unpaid after the date not later than which it is to be paid, the tenant's right to buy is extinguished.
- (5) Any heritable security which burdened the land immediately before title is granted to the tenant in pursuance of this section ceases to do so on the registration of that title in the Land Register of Scotland.
- (6) Where such a security also burdens land other than the land in respect of which title is granted to the tenant, the security does not, by virtue of subsection (5), cease to burden that other land.
- (7) Unless the creditors holding any such security otherwise agree, the tenant must pay to them according to their respective rights and preferences any sum which would, but for this subsection, be paid to the seller by the tenant as the price for the land.
- (8) Any sum paid by a tenant under subsection (7) is to be deducted from the sum which the tenant is to pay to the seller as the price for the land.
- (9) Any legal incapacity or disability of an owner has no effect on the title passed to a tenant to which land has been sold in accordance with this Part.
##### 38K
- (1) Where a right to buy is extinguished under section 38E(6), 38I(4) or 38J(4), the tenant may acquire a subsequent right to buy the same land or any part of it under section 28(1) but only if the conditions mentioned in subsection (2) are met.
- (2) Those conditions are that—
- (a) the period of 12 months from the extinguishing of the right to buy under section 38E(6), 38I(4) or 38J(4) has expired, or
- (b) before that period has expired—
- (i) the land is transferred to another person whether under an order for sale or otherwise, and
- (ii) that person requires to give notice under section 26 in relation to a subsequent transfer.
### Sale to third party
##### 38L
- (1) This section applies where a tenant's right to buy land in respect of which an order for sale has been made is extinguished under section 38E(6), 38I(4) or 38J(4).
- (2) The tenant may, before the expiry of the period mentioned in subsection (3), apply to the Land Court for the order for sale to be varied to allow the land in respect of which the order has been made to be offered for sale on the open market.
- (3) That period is the period of 28 days beginning with the date on which the right to buy was extinguished.
- (4) The tenant must give notice of the application—
- (a) to the owner,
- (b) where there is a heritable security over an interest in the land to which the application relates, to the creditor who holds the security,
- (c) to such other persons as the Scottish Ministers may prescribe by regulations.
- (5) The Land Court may, if it considers it appropriate in all the circumstances, grant the application and vary the order for sale to require the land to be offered for sale on the open market.
- (6) Where—
- (a) no application is made under subsection (2), or
- (b) the Land Court refuses such an application,
the order for sale ceases to have effect.
##### 38M
- (1) The Scottish Ministers may by regulations make further provision about the sale of land in relation to which the Land Court has, under section 38L, varied an order for sale to allow the land to be offered for sale on the open market.
- (2) Regulations under subsection (1) may in particular include provision about—
- (a) the appointment of a person to sell the land,
- (b) the valuation of the land (including the appointment of a valuer, who need not be a different person to the person appointed to sell the land),
- (c) the procedure for the sale of the land (including sale by private bargain or by public roup),
- (d) the period within which the land is to be sold (including provision for applications to the Land Court to extend such a period),
- (e) the persons to whom the land cannot be sold,
- (f) the powers of the person appointed to sell the land, including powers to adjust, execute or deliver any deeds or other documents necessary to complete the transfer of ownership of the land,
- (g) the duties of the person appointed to sell the land, which must include—
- (i) a duty to ensure that the price at which the land is sold is the best that can reasonably be obtained, and
- (ii) a duty to compensate any person who incurs a loss caused as a result of the appointed person's negligence in the sale of the land,
- (h) the distribution of the proceeds of sale,
- (i) liability for any expenses incurred by the person appointed to sell or value the land,
- (j) reports by the person appointed to sell the land to the Land Court,
- (k) the effect on any rights such as are mentioned in section 38D(3),
- (l) the effect on any heritable securities which burden the land in respect of which the order for sale has been made,
- (m) what happens if the land is not sold within a period specified in the regulations.
- (3) Regulations under subsection (1) may apply the provisions of this Act, that apply to the sale of land comprised in a lease to a tenant by virtue of an order for sale, to the sale of such land on the open market, with or without modifications.
- (4) Regulations under subsection (1) may modify any enactment (including this Act).
### Post-sale obligations
##### 38N
- (1) This section applies where a third party buys the land comprised in the lease of a 1991 Act tenancy by virtue of an order for sale varied under section 38L.
- (2) During the period of 10 years beginning with the date the third party acquired title to the land, sections 22 to 24, 26 and 43 of the 1991 Act have effect in relation to the tenancy subject to the following modifications.
- (3) Section 22(2) has effect as if—
- (a) paragraphs (a) and (b) were omitted,
- (b) for paragraph (c) there were substituted—
> (c) the Land Court, on an application made—
> (i) by a landlord who bought the land constituting the tenancy by virtue of an order for sale varied under section 38L of the Agricultural Holdings (Scotland) Act 2003 Act,
> (ii) not more than 9 months before the giving of the notice to quit,
> granted a certificate under section 26(1) that the tenant was not fulfilling the tenant's responsibilities to farm the holding in accordance with the rules of good husbandry,
, and
- (c) for “any of paragraphs (a) to (f)” there were substituted “ any of paragraphs (c) to (f) ”.
- (4) Section 24(1)(e) has effect as if, for “not falling within section 22(2)(b) of this Act”, there were substituted “ and, in a case where the use requires permission under the enactments relating to town and country planning, such permission has been obtained ”.
- (5) Section 26 has effect as if, after subsection (1), there were inserted—
> (1A) The Land Court must not grant a certificate under subsection (1) where subsection (1B) applies.
> (1B) This subsection applies where—
> (a) the application under subsection (1) is made by a landlord who bought the land constituting the tenancy by virtue of an order for sale varied under section 38L of the Agricultural Holdings (Scotland) Act 2003 Act (the “*2003 Act*”), and
> (b) the tenant's failure to farm in accordance with the rules of good husbandry is attributable to a material breach of the former landlord's obligations in relation to the tenant on the basis of which the Land Court made the order under section 84(1)(b) of the 2003 Act referred to in section 38A(1)(a) of that Act.
.
- (6) Section 43 has effect as if, for subsection (2), there were substituted—
> (2) Compensation is not payable under this section where—
> (a) the notice to quit relates to land being permanent pasture which the landlord has been in the habit of letting annually for seasonal grazing or of keeping in the landlord's own occupation and which has been let to the tenant for a definite and limited period for cultivation as arable land on condition that the tenant must, along with the last or waygoing crop, sow permanent grass seeds, or
> (b) the application of section 22(1) to the notice to quit is excluded by any of paragraphs (c) to (f) of subsection (2) of that section.
.
#### Payment to former landlord where early resale
##### 38O
- (1) This section applies where—
- (a) a tenant or, as the case may be, a third party (the “original buyer”) buys land under an order for sale made in respect of the land, and
- (b) the land is subsequently sold—
- (i) before the end of the period of 10 years beginning with the date on which the original buyer acquired title to the land (the “original date”),
- (ii) at a price higher than the price paid by the original buyer to the person from whom the land was bought (the “original seller”).
- (2) The original buyer must pay to the original seller a proportion of the difference between the price at which the land is subsequently sold and the price paid by the original buyer to the original seller.
- (3) The proportion of the difference which must be paid to the original seller is to be—
- (a) 100 per cent where the subsequent sale occurs before the end of the period of 5 years beginning with the original date,
- (b) 66 per cent where it occurs after the end of that period but before the end of the period of 8 years beginning with that date,
- (c) 33 per cent where it occurs after the end of the period of 8 years beginning with that date.
- (4) The Scottish Ministers may by regulations make further provision about the payment that the original buyer must make to the original seller.
- (5) Regulations under subsection (4) may in particular include provision about—
- (a) the exclusion, for the purposes of subsection (2), of so much of the price at which the land is subsequently sold as is attributable to an increase in the value of the land resulting from such causes as may be specified in the regulations (which may include improvements of the kind mentioned in schedule 5 of the 1991 Act),
- (b) payment where part only of the land bought under the order for sale is subsequently sold within the period of 10 years mentioned in subsection (1)(b),
- (c) the granting of standard securities over the land in relation to the liability to make a payment under this section (including the priority of such securities in relation to any other securities over the land),
- (d) circumstances in which no liability to make a payment under this section arises.
##### 38P
- (1) Any person, including an owner or former owner of land comprised in the lease of a 1991 Act tenancy, who has incurred loss or expense—
- (a) in complying with the requirements of this Part following the making of an application by a tenant under section 38A(2) or 38L(2), or
- (b) where the tenant gave notice under section 38E(3) of the tenant's intention to buy the land, as a result of the failure of the tenant or the seller to complete the purchase,
is entitled to recover the amount of that loss or expense from the Scottish Ministers.
- (2) The Scottish Ministers may by regulations make provision about—
- (a) the losses and expenses which may and may not be compensated,
- (b) the procedure for claiming compensation (including who determines whether compensation is payable),
- (c) the amount of compensation payable (including the manner in which such compensation is calculated).
- (3) Where, at the expiry of such period of time as may be fixed for the purposes of this subsection by regulations under subsection (2)(b), any question as to whether compensation is payable or as to the amount of any compensation payable has not been settled as between the parties, either of them may refer the question to the Lands Tribunal for Scotland.
##### 40A
- (1) This section applies where the landlord gives notice of an objection under section 40(11)(a) to a notice of diversification.
- (2) The landlord may, before the expiry of the period mentioned in subsection (3), apply to the Land Court for a determination under section 41 that the objection is reasonable.
- (3) That period is 60 days from the giving of notice of the objection under section 40(11)(a).
- (4) The objection ceases to have effect—
- (a) on the expiry of the period mentioned in subsection (3) unless the landlord applies, before the expiry of that period, to the Land Court under subsection (2), or
- (b) if it is withdrawn before the expiry of that period, no such application having been made.
#### Compensation for disturbance
##### 59A
The Scottish Ministers may by regulations provide that Part 4, in its application to repairing tenancies, has effect with such modifications as the regulations may specify.
#### Tenant’s right to withhold rent
#### Restoration of agricultural holding following mineral exploitation
#### Rights of certain persons where tenant is a partnership
##### 74A
- (1) The Scottish Ministers may by regulations provide that Part 3A of the 1991 Act does not apply in relation to such types of partnership who are tenants, and in such circumstances, as the regulations may specify.
- (2) The Scottish Ministers may by regulations—
- (a) provide that general partners, of such types of limited partnership as the regulations may specify, may, in such circumstances as may be so specified, exercise and enforce any rights of tenants conferred by Part 3A of that Act,
- (b) provide that Part 3A, in its application in relation to—
- (i) partnerships who are tenants, and
- (ii) such partners of partnerships as may exercise or enforce any rights of tenants conferred by that Part,
has effect with or subject to such modifications as the regulations may specify,
- (c) make such further provision in relation to such partnerships and partners as they consider appropriate for the purposes of that Part.
- (3) Regulations under subsection (2) may make different provision for different types of partnership.
#### Power to amend Land Court’s jurisdiction
#### Agriculture Act 1986 (c. 49)
#### The 1991 Act
2014-04-03
Agricultural Holdings (Scotland) Act 2003
2012-09-12
Agricultural Holdings (Scotland) Act 2003
2012-04-01
Agricultural Holdings (Scotland) Act 2003
2011-03-22
Agricultural Holdings (Scotland) Act 2003
2005-12-05
Agricultural Holdings (Scotland) Act 2003
2004-12-23
Agricultural Holdings (Scotland) Act 2003
2004-12-15
Agricultural Holdings (Scotland) Act 2003
2003-11-27
Agricultural Holdings (Scotland) Act 2003
2003-07-01
Agricultural Holdings (Scotland) Act 2003
2003-05-22
Agricultural Holdings (Scotland) Act 2003
2003-04-22
Agricultural Holdings (Scotland) Act 2003
original version
Text at this date