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Land Reform (Scotland) Act 2016

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PART 1 — Land rights and responsibilities statement

Guidance on engaging communities in decisions relating to land

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Publication and review of land rights and responsibilities statement

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Duty to promote land rights and responsibilities statement

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The Scottish Ministers must, in exercising their functions and so far as reasonably practicable, promote the principles set out in the land rights and responsibilities statement.

PART 2 — The Scottish Land Commission

CHAPTER 1 — The Commission

Establishment

The Scottish Land Commission

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Status

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Functions of the Commission

Functions of the Commission

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The functions of the Commission are—

General powers

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Strategic plan and programme of work

Strategic plan

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Programme of work

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Membership

Membership

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Eligibility for appointment

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Disqualification from membership

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Resignation and removal

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Remuneration and staff

Remuneration, allowances and pensions

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such pensions, allowances or gratuities to any member or employee or former member or employee of the Commission as the Commission may determine.

Staff

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Operational matters

Validity of things done

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The validity of anything done by the Commission is not affected by—

Committees

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Regulation of procedure

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Accounts and annual report

Accounts

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Annual report

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Application of public bodies legislation

Application of legislation relating to public bodies

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(90A) The Scottish Land Commission.

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CHAPTER 2 — The Land Commissioners

Functions of the Land Commissioners

Functions of the Land Commissioners

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Land Commissioners: delegation of functions

Land Commissioners: delegation of functions

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CHAPTER 3 — The Tenant Farming Commissioner

Functions of the Tenant Farming Commissioner

Functions of the Tenant Farming Commissioner

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Tenant Farming Commissioner: delegation of functions

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Acting Tenant Farming Commissioner

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Tenant Farming Commissioner: codes of practice

Tenant Farming Commissioner: codes of practice

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Tenant Farming Commissioner: promotion of codes of practice

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The Tenant Farming Commissioner is to promote the observance of the codes of practice issued under section 27, including by—

Tenant Farming Commissioner: inquiry function

Application to inquire into breach of code of practice

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Procedure for inquiry

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Enforcement powers

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Notice of non-compliance penalty

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Report on inquiry

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Tenant Farming Commissioner: confidentiality of information

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Protection from actions for defamation

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Tenant Farming Commissioner: review of operation of agents

Report on operation of agents of landlords and tenants

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Tenant Farming Commissioner: modern list of improvements

Recommendations by Tenant Farming Commissioner for modern list of improvements

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Tenant Farming Commissioner: power to refer questions of law to Land Court

Referral of questions of law by Tenant Farming Commissioner to Land Court

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The Tenant Farming Commissioner may refer to the Land Court for determination any question of law which may competently be determined by the Land Court by virtue of any enactment.

PART 3 — Information about control of land etc.

Information about persons with controlling interests in relation to land

Information about persons with controlling interests in owners and tenants of land

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Procedure for first regulations under section 39

Procedure for first regulations under section 39

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The Scottish Ministers may not lay a draft of the first regulations under section 39(1) before the Scottish Parliament unless—

Procedure for first regulations under section 39: consultation

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Procedure for first regulations under section 39: explanatory document

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Information relating to proprietors of land etc.

Power of Keeper to request or require information relating to proprietors of land etc.

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(48A) (1) The Scottish Ministers may, by regulations, make provision enabling the Keeper to request or, as the case may be, require information relating to the category of person or body into which a person mentioned in subsection (2) falls. (2) The persons referred to in subsection (1) (“relevant persons”) are— (a) owners of plots of land, (b) proprietors of registered plots of land and registered leases, and (c) tenants of leases which are registered or registrable. (3) Regulations under subsection (1) may, in particular, make provision— (a) about the persons who are owners, proprietors and tenants for the purposes of subsection (2), (b) about the information, relating to the category of person or body into which a relevant person falls, provision of which may be requested or required, (c) about the form in which the information is to be provided, which may consist of (or include) declarations by, or on behalf of, relevant persons about the category of person or body into which a relevant person falls, (d) about the circumstances in which information may be requested, (e) about the circumstances in which information requires, and does not require, to be provided, (f) about the effect (if any) of providing (or not providing) information, (g) about the entry of the information in the register, (h) about whether the Keeper's warranty under Part 7 is to apply in relation to information obtained under the regulations, (i) about the circumstances in which information obtained under the regulations may be corrected or updated, (j) about the circumstances in which information obtained under the regulations may be provided to other persons, (k) about the circumstances in which information obtained under the regulations may be published, (l) for fees relating to the provision, correction or updating of information under the regulations. (4) Regulations under subsection (1) which make provision enabling the Keeper to require information may include provision relating to offences for failure to comply with requirements imposed by the regulations. (5) Where regulations under subsection (1) include provision creating offences— (a) they must provide for those offences to be triable summarily only, and (b) they must provide for the maximum penalty for those offences to be a fine, which must not exceed level 3 on the standard scale. (6) The Scottish Ministers must consult the Keeper before laying a draft of regulations under subsection (1) before the Scottish Parliament. (7) Regulations under subsection (1) may include such incidental, supplementary or consequential provision as the Scottish Ministers consider appropriate for the purposes of, or in connection with, the regulations. (8) Regulations under subsection (1) may modify any enactment (including this Act). (48B) (1) The Scottish Ministers may, by regulations, make provision enabling the Keeper to enter, in the register, information relating to the category of person or body into which a person mentioned in subsection (2) falls. (2) The persons referred to in subsection (1) (“relevant persons”) are— (a) owners of plots of land, (b) proprietors of registered plots of land and registered leases, and (c) tenants of leases which are registered or registrable. (3) Regulations under subsection (1) may, in particular, make provision— (a) about the persons who are owners, proprietors and tenants for the purposes of subsection (2), (b) about notification by the Keeper of the intention to enter the information, (c) about the circumstances in which the Keeper may enter the information, (d) for the information that may be entered and the form in which it is to be entered, (e) about the effect (if any) of entering the information, (f) about whether the Keeper's warranty under Part 7 is to apply in relation to information entered under the regulations, (g) about the circumstances in which information entered under the regulations may be corrected or updated, (h) about the circumstances in which information entered under the regulations may be provided to other persons, (i) about the circumstances in which information entered under the regulations may be published, (j) for fees relating to the correction or updating of information under the regulations. (4) The Scottish Ministers must consult the Keeper before laying a draft of regulations under subsection (1) before the Scottish Parliament. (5) Regulations under subsection (1) may include such incidental, supplementary or consequential provision as the Scottish Ministers consider appropriate for the purposes of, or in connection with, the regulations. (6) Regulations under subsection (1) may modify any enactment (including this Act).

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(ba) section 48A(1), (bb) section 48B(1),

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PART 4 — Engaging communities in decisions relating to land

Guidance on engaging communities in decisions relating to land

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PART 5 — Right to buy land to further sustainable development

Key terms

Meaning of “land”

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Eligible land

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Eligible land: salmon fishings and mineral rights

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to buy the land to which such fishings or rights relate, or

after the date on which the Part 5 community body or the third party purchaser bought that land.

Eligible land: tenant’s interests

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has been created over land at least part of which is eligible land.

to buy the principal subjects, or

Part 5 community bodies

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Provisions supplementary to section 49

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must, as soon as possible after such modification, notify the Scottish Ministers in writing of the modification.

Interpretation of Part

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Register of Applications by Community Bodies to Buy Land

Register of Applications by Community Bodies to Buy Land

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Inclusion in New Register of applications for right to buy abandoned, neglected or detrimental land

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(1) The Keeper must keep the Register of Applications by Community Bodies to Buy Land (the “New Register”), established under section 52 of the Land Reform (Scotland) Act 2016, so that there is contained in it a part for registering information and documents relating to applications for the right to buy in accordance with section 97G.

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Applications for consent

Right to buy: application for consent

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Right to buy: application procedure

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to send them, so as to be received not later than 60 days after the sending of the invitation, views in writing on the application,

and the Scottish Ministers are not required to comply with subsections (1) to (6) in relation to such an application.

Right to buy: Ministers’ decision on application

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Ballot to indicate approval for purposes of section 56

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Right to buy same land exercisable by only one Part 5 community body

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Consent conditions

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The Scottish Ministers may make their consent to an application made under section 54 subject to conditions.

Notification of Ministers’ decision on application

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Procedure following consent

Effect of Ministers’ decision on right to buy

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Confirmation of intention to proceed with purchase and withdrawal

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Completion of purchase

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it must refer that matter to the Scottish Ministers.

Completion of transfer

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must be consigned into the Lands Tribunal until that title is granted or assignation is effected or the Part 5 community body or, as the case may be, the third party purchaser gives notice to the Tribunal and to the Scottish Ministers of its decision not to proceed to complete the transaction.

ceases to do so on the registration in the Land Register of Scotland of the Part 5 community body's or third party purchaser's interest in the land.

the security does not, by virtue of subsection (8), cease to burden that other land.

Assessment of value of land etc.

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to assess the value of the land or tenant's interest to which the application relates.

to make representations in writing about the value of the land or tenant's interest, and

Acquisition of interest of tenant over land: allocation of rents etc.

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is to be determined by the valuer when, in pursuance of an appointment under section 65(1), the valuer assesses the value of the interest of the tenant.

Compensation

Compensation

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is entitled to recover the amount of that loss or expense from the Part 5 community body.

is entitled to recover the amount of that loss or expense from the third party purchaser,

Grants towards liabilities to pay compensation

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Appeals and references

Appeals to sheriff

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Appeals to Lands Tribunal: valuation

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Reference to Lands Tribunal of questions on applications

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Agreement as to matters appealed

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An appeal under section 69 or 70 does not prevent the parties from settling or otherwise agreeing the matter in respect of which the appeal was made between or among them.

Mediation

Mediation

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PART 6 — Entry in valuation roll of shootings and deer forests

Repeal of exclusion of shootings and deer forests from valuation roll

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Valuation of shootings and deer forests

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(1A) The assessor for each valuation area must, when making up or altering a valuation roll, enter separately any— (a) shootings relating to, (b) deer forests, in so far as situated in, that area.

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Net annual value of deer forests

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(8ZA) In arriving at the net annual value under subsection (8) of lands and heritages consisting of deer forests, regard may be had to such factors relating to deer management as the assessor considers appropriate.

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(10A) In subsection (8ZA), “assessor” means the assessor appointed under section 27(2) of the Local Government etc. (Scotland) Act 1994 for each valuation area.

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PART 7 — Common good land

Change of use of land forming part of the common good

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PART 8 — Deer management

Functions of deer panels

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In section 4 of the Deer (Scotland) Act 1996 (appointment of panels), after subsection (6) insert—

(7) The Scottish Ministers may by regulations make provision conferring further functions on panels. (8) Functions conferred under subsection (7) may include— (a) encouraging and facilitating the engagement of the local community in deer management in the locality of a panel, (b) looking into issues relating to deer management in the locality of a panel and communicating those issues to the local community, (c) communicating the views of the local community to those engaged in deer management in the locality of a panel. (9) Regulations under subsection (7) may modify any enactment (including this Act).

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Review of compliance with code of practice on deer management

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(5B) (1) SNH must, before the expiry of the period mentioned in subsection (4), carry out a review into the extent to which the code of practice on deer management— (a) is being complied with by owners and occupiers of land, and (b) is effective in promoting sustainable deer management. (2) SNH must, following a review under subsection (1), submit a report to the Scottish Ministers— (a) setting out SNH's views on the extent to which the code— (i) has been complied with, and (ii) has been effective in promoting sustainable deer management, (b) including such recommendations as SNH consider appropriate. (3) The Scottish Ministers must lay before the Scottish Parliament a report submitted to them under subsection (2). (4) The period referred to in subsection (1) is— (a) the period of 3 years beginning with the day on which section 79 of the Land Reform (Scotland) Act 2016 comes into force, (b) each subsequent period of 3 years beginning with the day on which the Scottish Ministers lay, under subsection (3), the report submitted to them under subsection (2).

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Deer management plans

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(6A) (1) If SNH, having had regard to the code of practice on deer management, is satisfied that both Conditions A and B are met, it may give notice to such owners and occupiers of land as it considers to be substantially interested requiring them— (a) to prepare a plan (a “deer management plan”) setting out— (i) the measures that those owners and occupiers consider should be taken, (ii) the time limit for taking those measures, (iii) who is to take those measures, and (iv) any other matters which appear to SNH to be necessary, and (b) to submit the deer management plan to SNH for its approval. (2) Condition A is met if on any land— (a) deer or steps taken or not taken for the purposes of deer management have caused, are causing, or are likely to cause— (i) damage to woodland, to agricultural production, including any crops or foodstuffs, to the welfare of deer or, whether directly or indirectly, to the natural heritage generally, (ii) damage to public interests of a social, economic or environmental nature, or (iii) injury to livestock, whether by serious overgrazing of pastures, competing with any such livestock for supplementary feeding, or otherwise, or (b) deer have become a danger or a potential danger to public safety. (3) Condition B is met if measures require to be taken in relation to the management of deer— (a) for the prevention of further such damage or injury, (b) for the remedying of such damage, or (c) for the prevention of such danger or potential danger. (4) In subsection (2)(a)(i), “the natural heritage” has the same meaning as in section 7(2). (5) A deer management plan is to be submitted to SNH no later than— (a) 12 months after the date on which SNH gives notice under subsection (1), or (b) such later date as SNH may specify. (6) SNH may approve a deer management plan (with or without modification) or reject it. (7) Before approving a deer management plan with modifications, SNH must consult the owners and occupiers of land who submitted the plan on the proposed modifications. (8) A deer management plan may be amended until SNH decides to approve or reject it.

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(4A) Subsection (4) also applies where subsection (4B) applies. (4B) This subsection applies where— (a) SNH has given notice under section 6A(1) and either— (i) the date specified under section 6A(5) has passed and a deer management plan has not been submitted to SNH, (ii) a deer management plan has been submitted to SNH but SNH has rejected it, or (iii) a deer management plan has been approved by SNH but the measures set out in the plan have not been taken, and (b) SNH is satisfied that the conditions referred to in section 6A(1) continue to be met.

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Power to require return on number of deer planned to be killed

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(aa) fails without reasonable cause to submit a cull return within the meaning given by subsection (7)(b)(ii) in accordance with regulations made under subsection (1)(d) above, or

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(b) when required to be submitted by an owner or occupier of land, means— (i) a written statement showing the number of deer of each species and of each sex which to his knowledge has been taken or killed on the land, or (ii) a written statement showing the number of deer of each species and of each sex which are planned to be killed on the land in the following year.

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(40A) (1) SNH may, for the purposes of any of its deer functions, by notice served on the owner or occupier of any land require the owner or occupier to make a return, in such form as SNH may require, showing how many deer of each species and of each sex are planned to be killed on the land in the following year. (2) A notice served under subsection (1) must specify a period, of not more than 1 year immediately following the date of service of the notice, for which the return must be completed. (3) Any person on whom a notice under subsection (1) has been served who fails without reasonable cause to make the required return within 36 days after the service of the notice commits an offence.

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17A(6)(aa) Failure to submit cull return a fine of level 3 on the standard scale

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“40A(3) Failure to make return of number of deer planned to be killed. a fine of level 3 on the standard scale.

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Increase in penalty for failure to comply with control scheme

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In schedule 3 of the Deer (Scotland) Act 1996, in the entry relating to section 13(1) (failure to comply with control scheme), in column 3, for “level 4 on the standard scale” substitute “ £40,000 ”.

PART 9 — Access rights

Core paths

Core paths plans

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(1) A local authority— (a) must review the plan adopted under section 18 (or that plan as amended under this section or section 20C) if Ministers require them to do so, (b) may review such a plan if they consider it appropriate to do so for the purpose of ensuring that the core paths plan continues to give the public reasonable access throughout their area.

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(5) On adopting the amended plan under subsection (4), the local authority must— (a) amend the list of core paths compiled under section 18(8) to show the effect of the stopping up or diversion, (b) keep the amended plan, any maps it refers to and the list available for public inspection and for sale at a reasonable price, and (c) send a copy of each of those documents to Ministers.

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(20A) (1) Where, following a review of a plan under section 20(1), the local authority consider that a plan should be amended, the local authority must— (a) give public notice of the amended plan and any maps it refers to, (b) make the original plan and the amended plan and any such maps available for public inspection for a period of not less than 12 weeks, and (c) consult— (i) the local access forum for their area, (ii) persons representative of those who live, work, carry on business or engage (or would be likely to engage) in recreational activities on the land affected by the amendment to the plan, (iii) Scottish Natural Heritage, and (iv) such other persons as the local authority think fit, in each case inviting objections and representations in relation to the amendment to the plan to be made to them within such period as they specify. (2) If no objections are made or any made are withdrawn, the local authority must adopt the amended plan. (3) If an objection is made and not withdrawn, the local authority must not adopt the amended plan unless Ministers direct them to do so. (4) If, after complying with subsection (1), the local authority modify the amended plan, they must notify and consult such persons as they consider appropriate on the modified amended plan. (5) Where an objection remains unwithdrawn, Ministers must not make a direction without first causing a local inquiry to be held into whether the amended plan (or, as the case may be, the modified amended plan) will, if adopted, fulfil the purpose mentioned in section 17(1). (6) Ministers may, in any other case, cause such an inquiry to be held. (7) Subsections (2) to (13) of section 265 (local inquiries) of the Town and Country Planning (Scotland) Act 1997 apply to an inquiry held under subsection (5) or (6) as they apply to one held under that section. (8) Following the publication of the report by the person appointed to hold the inquiry, Ministers may (but need not) direct the local authority to adopt the amended plan (or, as the case may be, the modified amended plan) either as drawn up under section 20 or with such modification as Ministers specify in the direction. (9) On adopting the amended plan, the local authority must— (a) give public notice of the adoption of the amended plan, (b) amend the list of core paths compiled under section 18(8), (c) keep the amended plan, any maps it refers to and the list available for public inspection and for sale at a reasonable price, and (d) send a copy of each of those documents to Ministers. (10) Where Ministers decline to make a direction under subsection (8), the local authority must draw up a revised amended plan and must do so in accordance with such procedure and within such time limits as Ministers specify. (11) Such specification must include provision under which Ministers may (but need not) direct the local authority to adopt the revised amended plan. (20B) (1) Where, following a review of a plan under section 20(1), the local authority consider that a plan should be amended, the local authority must, at the same time as complying with section 20A(1), serve a written notice on the owner and occupier of any land which is, as a result of the amendment of the plan, being included in a plan for the first time (the “affected land”). (2) Notice under subsection (1) must— (a) explain the potential effect of the amended plan on the affected land, (b) set out where the original plan and the amended plan may be inspected, and (c) specify the period within which any objections and representations in relation to the amendment to the plan may be made. (3) Where it is not possible, after reasonable enquiry, to identify the owner or occupier of the affected land, notice under subsection (1) may be given instead by leaving a copy of the notice in a prominent place on the affected land. (20C) If the local authority consider that it would be appropriate to make a single amendment of a core paths plan, the local authority must— (a) consult such persons as the local authority think fit on the amendment, inviting objections and representations in relation to the amendment to be made to them within such period as they specify, and (b) give such notice of the amendment as the local authority think fit. (20D) (1) Section 17(3) applies to an amendment under section 20C which includes a further path, waterway or other means of crossing land such as is mentioned in section 17(2) as it applies to a plan drawn up under section 17(1). (2) Section 20(3) applies to an amendment under section 20C which removes a core path from the plan or diverts the line of a core path on the plan as it applies to an amendment of a plan under section 20(2). (3) The following provisions apply to an amendment under section 20C as they apply to an amendment of a plan under section 20(1)— (a) subsections (2) to (9) of section 20A, (b) section 20B, subject to the modification that the reference in section 20B(1) to section 20A(1) is to be read as a reference to section 20C.

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Court applications

Access rights: service of court applications

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(7A) Where a declaration is being sought under subsection (1)(b)(i), the person seeking the declaration must also serve the application on the person whose exercise or purported exercise of access rights is in question.

PART 10 — Agricultural holdings

CHAPTER 1 — Modern limited duration tenancies

Modern limited duration tenancies

Modern limited duration tenancies: creation

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(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.

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Modern limited duration tenancies: subletting

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(7A) A tenant may sublet the land comprised in a lease constituting a modern limited duration tenancy only on such basis as the lease expressly permits.

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Modern limited duration tenancies: termination and continuation

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(8A) A modern limited duration tenancy may be terminated by agreement between the landlord and tenant if the agreement is in writing and— (a) is entered into after the commencement of the tenancy, and (b) makes provision as to compensation payable by the landlord or the tenant to the other. (8B) (1) At the expiry of the term of a modern limited duration tenancy, the landlord may terminate the tenancy by giving a notice under this subsection to the tenant. (2) A notice under subsection (1) must— (a) be in writing and state that the tenant must quit the land on the expiry of the term of the tenancy, and (b) be given not less than 1 year nor more than 2 years before the expiry of the term of the tenancy, provided that not less than 90 days have elapsed from the date on which the intimation mentioned in subsection (3) is given. (3) A notice under subsection (1) is of no effect unless the landlord has given written intimation of the landlord's intention to terminate the tenancy to the tenant not less than 2 years nor more than 3 years before the expiry of the term of the tenancy. (8C) (1) At the expiry of the term of a modern limited duration tenancy, the tenant may terminate the tenancy by giving a notice under this subsection to the landlord. (2) A notice under subsection (1) must— (a) be in writing and state that the tenant intends to quit the land on the expiry of the term of the tenancy, and (b) be given not less than 1 year nor more than 2 years before the expiry of the term of the tenancy. (8D) (1) This section applies where the lease constituting a modern limited duration tenancy contains a break clause by virtue of section 5B. (2) The tenant may terminate the tenancy after 5 years by giving a notice under this subsection to the landlord. (3) A notice under subsection (2) must— (a) be in writing and state that the tenant intends to quit the land on the expiry of the period of 5 years beginning with the day the tenancy commenced, and (b) be given not less than 1 year nor more than 2 years before the expiry of that period. (4) The landlord may terminate the tenancy after 5 years by giving a notice under this subsection to the tenant. (5) A notice under subsection (4) must— (a) be in writing and state— (i) that the tenant must quit the land on the expiry of the period of 5 years beginning with the day the tenancy commenced, and (ii) the landlord's reasons for terminating the tenancy, and (b) be given not less than 1 year nor more than 2 years before the expiry of that period. (6) The landlord may give notice under subsection (4) only if the tenant— (a) is not using the land in accordance with the rules of good husbandry, or (b) is otherwise failing to comply with any other provision of the lease. (7) For the purposes of subsection (6)(a), what is good husbandry is to be construed by reference to schedule 6 of the Agriculture (Scotland) Act 1948. (8E) (1) At and after the expiry of the term of a modern limited duration tenancy, the tenancy continues to have effect for a further term of 7 years unless it is terminated in accordance with section 8A, 8B or 8C. (2) During the term of a modern limited duration tenancy, the term of the tenancy may be extended by the landlord and tenant by agreement in writing.

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Modern limited duration tenancies: fixed equipment

88

(16A) (1) There is incorporated in every lease constituting a modern limited duration tenancy an undertaking by the landlord that the landlord will, within 6 months of the commencement of the tenancy or, where that is not reasonably practicable by virtue of any obligation on the landlord under any other enactment, as soon as reasonably practicable thereafter— (a) provide such fixed equipment as will enable the tenant to maintain efficient production as respects the use of the land as specified in the lease, and (b) put the fixed equipment so provided into the condition specified in the schedule of fixed equipment that is required by virtue of subsection (2). (2) Where a lease constituting a modern limited duration tenancy is entered into and fixed equipment is comprised in the lease, the parties must agree in writing a schedule of fixed equipment specifying— (a) the fixed equipment which the landlord will provide in terms of subsection (1)(a), and (b) the condition of the fixed equipment, and on being so agreed (or, failing such agreement, on being determined in accordance with section 77 or 78) the schedule of fixed equipment is deemed to form part of the lease. (3) The schedule of fixed equipment must be agreed before the expiry of the period of 90 days beginning with the commencement of the tenancy. (4) If at any time after the commencement of the tenancy the fixed equipment or its condition is varied, the landlord and tenant may agree to amend the schedule of fixed equipment accordingly or to substitute for it a new schedule. (5) Unless the lease makes provision to the contrary, there is also incorporated in every such lease— (a) an undertaking by the landlord that the landlord will, during the tenancy, effect such renewal or replacement of the fixed equipment provided as required by virtue of subsection (1) as may be rendered necessary by natural decay or by fair wear and tear, and (b) a provision that the liability of the tenant in relation to the maintenance of fixed equipment extends only to a liability to maintain the fixed equipment specified in the schedule of fixed equipment in as good a state of repair (natural decay and fair wear and tear excepted) as it was in— (i) immediately after it was put into the condition specified in the schedule of fixed equipment, or (ii) in the case of equipment improved, provided, renewed or replaced, during the tenancy, immediately after it was so improved, provided, renewed or replaced. (6) The cost of making and agreeing the schedule of fixed equipment under this section must, unless otherwise agreed, be borne by the landlord and tenant in equal shares. (7) Any agreement between the landlord and tenant which purports to provide for the tenant to bear any expense of any work which the landlord is required to execute in order to fulfil the landlord's obligations under the lease is of no effect. (8) Any term of a lease constituting a modern limited duration tenancy that requires the tenant to pay the whole or any part of the premium due under a fire insurance policy over any fixed equipment on the land is of no effect.

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Modern limited duration tenancies: irritancy

89

(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.

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Conversion of 1991 Act tenancies

Conversion of 1991 Act tenancies into modern limited duration tenancies

90

(2A) (1) The landlord and tenant under a 1991 Act tenancy may terminate the tenancy by agreement in writing provided that— (a) the agreement— (i) specifies the date on which the termination is to have effect, and (ii) is made not less than 30 days before that date, and (b) subsection (2) is complied with. (2) This subsection is complied with if the landlord and tenant enter into a lease constituting a modern limited duration tenancy for a term of not less than 25 years which— (a) comprises or includes the same land as that comprised in the tenancy being terminated under subsection (1), and (b) has effect from the date on which the termination under that subsection has effect. (3) The landlord or tenant is entitled, at any time before the date on which the termination under subsection (1) has effect, to revoke (without penalty)— (a) the agreement made under that subsection, and (b) the lease mentioned in subsection (2), by giving notice in writing to the other of the revocation. (4) On termination of a 1991 Act tenancy under subsection (1), the tenant is entitled to— (a) such compensation for improvements as the tenant would have been entitled to under Part 4 (compensation for improvements) of the 1991 Act (or, as the case may be, under the lease), and (b) such compensation as the tenant would have been entitled to under section 45A (compensation arising as a result of diversification and cropping of trees) of that Act, were the tenant quitting the holding as a result of the termination of the tenancy. (5) Where a 1991 Act tenancy is terminated under subsection (1), section 21 (notice to quit and notice of intention to quit) of the 1991 Act does not apply in respect of the tenancy. (6) Section 5B does not apply to a modern limited duration tenancy created under this section.

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Conversion of limited duration tenancies

Conversion of limited duration tenancies into modern limited duration tenancies

91

(2B) (1) The landlord and tenant under a limited duration tenancy may terminate the tenancy by agreement in writing provided that— (a) the agreement— (i) specifies the date on which the termination is to have effect, and (ii) is made not less than 30 days before that date, and (b) subsection (2) is complied with. (2) This subsection is complied with if the landlord and tenant enter into a lease constituting a modern limited duration tenancy for a term of not less than the term remaining under the limited duration tenancy which— (a) comprises or includes the same land as that comprised in the tenancy being terminated under subsection (1), and (b) has effect from the date on which the termination under that subsection has effect. (3) The landlord or tenant is entitled, at any time before the date on which the termination under subsection (1) has effect, to revoke (without penalty)— (a) the agreement made under that subsection, and (b) the lease mentioned in subsection (2), by giving notice in writing to the other of the revocation. (4) On termination of a limited duration tenancy under subsection (1), the tenant is not entitled to compensation for improvements under Part 4 (or, as the case may be, under the lease). (5) But any improvements for which the tenant would have been entitled to compensation under that Part but for subsection (4) are, for the purposes of that Part, to be regarded as improvements carried out during the modern limited duration tenancy. (6) Where a limited duration tenancy is terminated under subsection (1), section 8 does not apply in respect of the tenancy. (7) Section 5B does not apply to a modern limited duration tenancy created under this section.

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CHAPTER 2 — Repairing tenancies

Repairing tenancies: creation

92

(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.

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Repairing tenancies: subletting

93

(7C) (1) During the repairing period, a tenant may not sublet the land comprised in a lease constituting a repairing tenancy without the consent of the landlord. (2) After the expiry of the repairing period, a tenant may sublet the land comprised in a lease constituting a repairing tenancy only on such basis as the lease expressly permits.

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Repairing tenancies: termination, continuation and extension

94

(8F) (1) Subject to section 8G, sections 8A to 8C apply to the termination of a repairing tenancy as to the termination of a modern limited duration tenancy. (2) Section 8E applies to the continuation and extension of a repairing tenancy as to the continuation and extension of a modern limited duration tenancy. (8G) (1) This section applies where the lease constituting a repairing tenancy contains a break clause by virtue of section 5C(5). (2) At any time until the expiry of the repairing period, the tenant may terminate the tenancy by giving a notice under this subsection to the landlord. (3) A notice under subsection (2) must— (a) be in writing and state that the tenant intends to quit the land on a date specified in the notice, which is to be no later than the expiry of the repairing period, and (b) be given not less than 1 year nor more than 2 years before the date specified in the notice. (4) The landlord may terminate the tenancy on the expiry of the repairing period by giving a notice under this subsection to the tenant. (5) A notice under subsection (4) must— (a) be in writing and state— (i) that the tenant must quit the land on the expiry of the repairing period, and (ii) the landlord's reasons for terminating the tenancy, and (b) be given not less than 1 year nor more than 2 years before the expiry of the repairing period. (6) The landlord— (a) may not give notice under subsection (4) on the grounds that the tenant is not farming the land in accordance with the rules of good husbandry, (b) may give notice under subsection (4) if the tenant is otherwise failing to comply with any other provision of the lease. (7) For the purposes of subsection (6), what is good husbandry is to be construed by reference to schedule 6 of the Agriculture (Scotland) Act 1948.

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Repairing tenancies: fixed equipment

95

(16B) (1) Where a lease constituting a repairing tenancy is entered into and fixed equipment is comprised in the lease, the parties must agree in writing a schedule of fixed equipment specifying— (a) the fixed equipment which the landlord will provide during the repairing period as will enable the tenant to maintain efficient production, after the expiry of the repairing period, as respects the use of the land as specified in the lease, (b) the condition of such fixed equipment, and (c) any fixed equipment on the land which may be disregarded for the purposes of subsections (5) and (6), and on being so agreed (or, failing such agreement, on being determined in accordance with section 77 or 78) the schedule of fixed equipment is deemed to form part of the lease. (2) The schedule of fixed equipment must be agreed before the expiry of the period of 90 days beginning with the commencement of the tenancy. (3) If at any time after the commencement of the tenancy the fixed equipment or its condition is varied, the landlord and tenant may agree to amend the schedule of fixed equipment accordingly or to substitute for it a new schedule. (4) The cost of making and agreeing the schedule of fixed equipment under this section must, unless otherwise agreed, be borne by the landlord and tenant in equal shares. (5) Unless the lease makes provision to the contrary, there is incorporated in every such lease an undertaking by the tenant that the tenant will, during the repairing period— (a) provide such fixed equipment, and (b) effect such maintenance, renewal or replacement of the fixed equipment provided by the tenant by virtue of paragraph (a) and by the landlord by virtue of subsection (1)(a), as may be necessary to enable the tenant to maintain efficient production, after the expiry of the repairing period, as respects the use of the land as specified in the lease. (6) Unless the lease makes provision to the contrary, there is also incorporated in every such lease— (a) an undertaking by the landlord that the landlord will, after the expiry of the repairing period, effect such renewal or replacement of the fixed equipment specified in the schedule of fixed equipment as may be rendered necessary by natural decay or by fair wear and tear, and (b) a provision that the liability of the tenant in relation to the maintenance of fixed equipment, after the expiry of the repairing period, extends only to a liability to maintain the fixed equipment specified in the schedule of fixed equipment in as good a state of repair (natural decay and fair wear and tear excepted) as it was in— (i) at the expiry of the repairing period, or (ii) in the case of equipment improved, provided, renewed or replaced, after the expiry of the repairing period, immediately after it was so improved, provided, renewed or replaced. (7) Subsections (5) and (6) do not apply to any fixed equipment specified in the schedule of fixed equipment by virtue of subsection (1)(c). (8) Any agreement between the landlord and tenant which purports to provide for the tenant, whether during the repairing period or after its expiry, to bear any expense of any work which the landlord is required to execute in order to fulfil the landlord's obligations under the lease is of no effect. (9) Any term of a lease constituting a repairing tenancy that requires the tenant, whether during the repairing period or after its expiry, to pay the whole or any part of the premium due under a fire insurance policy over any fixed equipment on the land is of no effect.

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Repairing tenancies: resumption of land by landlord

96

(17A) (1) Until 5 years have elapsed from the date of expiry of the repairing period, the landlord may not resume the land or any part of the land comprised in the lease constituting the repairing tenancy. (2) After 5 years have elapsed from the date of expiry of the repairing period, section 17 applies to the resumption of the land or any part of the land comprised in a lease constituting a repairing tenancy as it applies to the resumption of the land or any part of the land comprised in a lease constituting a limited duration tenancy or a modern limited duration tenancy.

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Repairing tenancies: irritancy

97

(18B) (1) Subject to subsection (2), section 18A applies to the irritancy of a lease constituting a repairing tenancy as it applies to the irritancy of a lease constituting a modern limited duration tenancy. (2) During the repairing period, section 18A has effect as if, after subsection (2), there were inserted— (2A) 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 using the land in accordance with the rules of good husbandry is of no effect.

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Repairing tenancies: compensation

98

(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.

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CHAPTER 3 — Tenant's right to buy

Tenant’s right to buy: removal of requirement to register

99

(1) This section applies where— (a) the owner of land comprised in a lease constituting a 1991 Act tenancy, or (b) a creditor in a standard security with a right to sell the land, proposes to transfer the land or any part of it to another person. (1A) The owner or, as the case may be, the creditor must, subject to section 27, give notice in writing of the proposed transfer to the tenant.

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(3) For the purposes of this Part, “tenant”— (a) where there are two or more tenants under the lease, means those tenants, and (b) does not include a sub-tenant.

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CHAPTER 4 — Sale where landlord in breach

Sale to tenant or third party where landlord in breach of order or award

100

(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. (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. (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). (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, (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. (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.

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CHAPTER 5 — Rent review

1991 Act tenancies: rent review

1991 Act tenancies: rent review

101

(13) Schedule 1A makes provision for review of the rent payable in respect of an agricultural holding.

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SCHEDULE 1A (1) (1) The landlord of an agricultural holding to which this paragraph applies may initiate a review of the rent that is to be payable in respect of the holding by serving a notice in writing on the tenant of the holding. (2) The tenant of such an agricultural holding may initiate such a review by serving a notice in writing on the landlord of the holding. (3) A notice served under sub-paragraph (1) or (2) is a “rent review notice”. (4) This paragraph applies to an agricultural holding in respect of which— (a) the lease was entered into before 27 November 2003, or (b) the lease— (i) was entered into in writing on or after that date but prior to the commencement of the tenancy, and (ii) expressly states that this Act is to apply in relation to the tenancy. (2) (1) A rent review notice must be dated and state the following— (a) the names and designations of the landlord and the tenant of the agricultural holding, (b) the name (if any) and the address of the holding or such other description of the holding as will identify it, (c) the rent currently payable in respect of the holding, (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) For the purposes of sub-paragraph (1)(e), the rent agreement date stated in the rent review notice must not fall— (a) earlier than 12 months from the date on which the notice is served, or (b) later than 2 years from that date. (4) 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. (5) Regulations under sub-paragraph (4) are subject to the negative procedure. (3) (1) A rent review notice may not be served under paragraph 1 if the rent agreement date stated in the notice would fall before the end of the period of 3 years beginning with the latest of— (a) the commencement of the tenancy, (b) the date as from which a previous variation of rent (under paragraph 7(2)(a) or otherwise) took effect, (c) the date as from which a previous determination under paragraph 7(2)(b) that the rent should continue unchanged took effect. (2) For the purposes of sub-paragraph (1)(b), the following are to be disregarded— (a) a variation of rent under section 14, (b) an increase of rent under section 15(1), (c) a reduction of rent under section 31, (d) a variation of rent arising under— (i) the exercise or revocation of an option to tax under schedule 10 of the Value Added Tax Act 1994, or (ii) a change in the rate of value added tax applicable to grants of interests in or rights over land in respect of which such an option has effect. (4) (1) This paragraph applies where— (a) a rent review notice is served under paragraph 1, (b) no agreement has been reached between the landlord and the tenant as to the rent that is to be payable in respect of the holding, and (c) no determination has been made by the Land Court under paragraph 7(2) as to the rent that is to be payable in respect of the holding. (2) The person who served the rent review notice may withdraw it but only with the consent of the recipient of the notice. (5) A rent review notice ceases to have effect on the earliest of the following— (a) the date it is withdrawn, (b) the date the landlord and the tenant reach agreement as to the rent that is to be payable in respect of the holding, (c) where no referral is made to the Land Court under paragraph 6(2), the day after the rent agreement date, (d) where a referral is made to the Land Court under paragraph 6(2), the date on which the Land Court determines under paragraph 7(2) the question of what the rent payable in respect of the holding is to be. (6) (1) This paragraph applies where— (a) a rent review notice is served under paragraph 1, and (b) no agreement has been reached between the landlord and the tenant as to the rent that is to be payable in respect of the holding. (2) The landlord or the tenant of the holding may (whether the sender of the notice or not) refer the question of what the rent payable in respect of the holding should be to the Land Court. (3) The landlord or the tenant may not make such a referral after the rent agreement date. (7) (1) This paragraph applies where a landlord or a tenant makes a referral to the Land Court under paragraph 6(2). (2) The Land Court must determine what the rent payable in respect of the holding is to be as from the rent agreement date and may— (a) vary the rent currently payable in respect of the holding, or (b) determine that the rent should continue unchanged. (3) The rent that is to be payable in respect of the holding is the rent that the Land Court, taking account of all the circumstances, considers is the fair rent for the holding. (4) In determining the fair rent for the holding, the Land Court must have regard, in particular, to— (a) the productive capacity of the holding, (b) the open market rent of any surplus residential accommodation on the holding provided by the landlord, and (c) the open market rent of— (i) any fixed equipment on the holding provided by the landlord, or (ii) any land forming part of the holding, used for a purpose that is not an agricultural purpose. (8) The rent agreed between the landlord and the tenant or, as the case may be, determined in accordance with paragraph 7 is to take effect from the rent agreement date. (9) (1) The Scottish Ministers may by regulations make provision for the purposes of paragraph 7(4)(a) about the productive capacity of agricultural holdings, including— (a) how the productive capacity of an agricultural holding is to be determined, (b) the information to be provided by the landlord and the tenant of a holding to the Land Court to enable the court to have regard to the productive capacity of the holding. (2) Regulations under sub-paragraph (1) are subject to the affirmative procedure. (10) (1) Residential accommodation on an agricultural holding is surplus to the extent that it exceeds what is necessary to provide accommodation for the standard labour requirement of the holding. (2) In determining, for the purposes of paragraph 7(4)(b), whether residential accommodation is surplus the Land Court— (a) may take into account whether the standard labour requirement of the holding varies (seasonally or otherwise), (b) must disregard — (i) any accommodation all or part of which is occupied by the tenant of the holding, (ii) any accommodation if the tenant is prohibited (by the lease or otherwise) from subletting it. (3) But any such prohibition as is mentioned in sub-paragraph (2)(b)(ii) is to be ignored if the tenant has sublet the accommodation by virtue of section 39(3) of the Agricultural Holdings (Scotland) Act 2003. (4) In having regard for the purposes of paragraph 7(4)(b) to the open market rent for any surplus residential accommodation, the Land Court— (a) must take into account all the circumstances, 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 of the holding, at no rent or at a rent that is below what the open market rent for that accommodation would otherwise be, that fact, (b) where the accommodation is not currently let, must disregard that fact. (5) Where regard is had to the open market rent for surplus residential accommodation for the purposes of paragraph 7(4)(b), that accommodation is to be disregarded for the purposes of paragraph 7(4)(c). (6) The Scottish Ministers may by regulations make provision about the standard labour requirement of agricultural holdings, including— (a) how the standard labour requirement of an agricultural holding is to be determined, (b) the information to be provided by the landlord and the tenant of a holding to the Land Court to enable the court to determine the standard labour requirement of the holding. (7) Regulations under sub-paragraph (6) are subject to the affirmative procedure. (11) For the purposes of paragraphs 7(4) and 10(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. (12) (1) This paragraph applies where the Land Court determines under paragraph 7(2) that the rent payable in respect of an agricultural holding (the “new rent”) is to be— (a) 30% or more higher, or (b) 30% or more lower, than the rent currently payable in respect of the holding (the “original rent”). (2) The tenant or the landlord may apply to the Land Court to have the new rent phased in. (3) The Land Court may, if it considers that it would cause the tenant or, as the case may be, the landlord undue hardship were the new rent to be payable from the rent agreement date, order that the new rent be phased in over a 3 year period in accordance with sub-paragraphs (4) to (6). (4) The rent payable in the first year after the rent agreement date is— (a) where sub-paragraph (1)(a) applies, the sum of the original rent and one third of the difference between the new rent and the original rent, or (b) where sub-paragraph (1)(b) applies, the original rent less one third of the difference between the original rent and the new rent. (5) The rent payable in the second year after the rent agreement date is— (a) where sub-paragraph (1)(a) applies, the sum of the original rent and two thirds of the difference between the new rent and the original rent, or (b) where sub-paragraph (1)(b) applies, the original rent less two thirds of the difference between the original rent and the new rent. (6) The rent payable from the third year after the rent agreement date is the new rent. (13) In this schedule— - “open market rent” has the meaning given by paragraph 11, - “rent agreement date” has the meaning given by paragraph 2(1)(e), - “rent review notice” has the meaning given by paragraph 1(3), - “surplus residential accommodation” has the meaning given by paragraph 10.

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Limited duration tenancies, modern limited duration tenancies and repairing tenancies: rent review

Limited duration tenancies, modern limited duration tenancies and repairing tenancies: rent review

102

(1A) The rent due as payable under a lease constituting a repairing tenancy is to be reviewed and determined in accordance with this section.

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(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”.

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(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.

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CHAPTER 6 — Assignation of and succession to agricultural tenancies

Assignation

Assignation of 1991 Act tenancies

103

(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.

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(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 holding 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 holding 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 holding is farmed with reasonable efficiency until the person completes that course.

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(6) In this section and in sections 12A and 12B, “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.

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Assignation of limited duration tenancies

104

(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.

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(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.

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Assignation of modern limited duration tenancies

105

(7B) (1) A lease constituting a modern limited duration tenancy may be assigned by the tenant if, following notice under subsection (2), the landlord consents to a proposed assignation. (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) Subject to subsection (4), 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— (i) the rent due under the lease, or (ii) for adequate maintenance of the land, or (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. (4) 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 (5), 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. (5) The ground of objection in subsection (4)(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. (6) 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 deemed to have consented to the proposed assignation. (7) For the purposes of subsection (3)(b), what is good husbandry is to be construed by reference to schedule 6 of the Agriculture (Scotland) Act 1948. (8) For the purposes of subsection (4), “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.

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Assignation of repairing tenancies

106

(7D) (1) During the repairing period, a lease constituting a repairing tenancy may be assigned by the tenant if, following notice under subsection (2), the landlord consents to a proposed assignation. (2) The tenant must give the landlord a notice in writing of any intention of the tenant to assign the lease during the repairing period; 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 during the repairing period 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— (i) the rent due under the lease, or (ii) for investment in the land 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, or (b) has the skills or experience that would be required properly to manage and improve the land 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. (4) The ground of objection in subsection (3)(b) 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. (5) Any such withholding of consent during the repairing period (and the grounds for withholding it) is to be intimated in writing to the tenant within 30 days of the giving of notice under subsection (2); and, if no such intimation is made, the landlord is deemed to have consented to the proposed assignation. (6) For the purposes of subsection (3), what is good husbandry is to be construed by reference to schedule 6 of the Agriculture (Scotland) Act 1948. (7) After the expiry of the repairing period, section 7B applies to the assignation of a lease constituting a repairing tenancy as to the assignation of a lease constituting a modern limited duration tenancy.

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Succession

Bequest of 1991 Act tenancies

107

In section 11 of the 1991 Act (bequest of lease)—

(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.

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Limited duration tenancies, modern limited duration tenancies and repairing tenancies: succession

108

(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.

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Landlord's objection to tenant's successor

Objection by landlord to legatee or acquirer on intestacy

109

(12A) (1) This section applies where the person who gives notice to the landlord under section 11(2) or 12(1) is a near relative of the deceased. (2) The landlord may, within 1 month after the notice is given under section 11(2) or 12(1), give to the person a counter-notice intimating that the landlord objects to receiving the person as tenant under the lease. (3) The only grounds on which the landlord can object to receiving the person as tenant under the lease 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 holding with reasonable efficiency, (c) subject to subsection (4), that the person has neither sufficient training in agriculture nor sufficient experience in the farming of land to enable the person to farm the holding with reasonable efficiency. (4) The ground of objection in subsection (3)(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 section 11(2) or 12(1), 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 holding is farmed with reasonable efficiency until the person completes that course. (5) If the landlord gives a counter-notice under subsection (2), the landlord may, within 1 month after the counter-notice is given, apply to the Land Court for an order— (a) in the case of a legatee, declaring the bequest to be null and void, (b) in the case of an acquirer, terminating the lease. (6) If, on the hearing of such an application, any ground of objection stated by the landlord is established to the satisfaction of the Land Court, it must make an order— (a) in the case of a legatee, declaring the bequest to be null and void, (b) in the case of an acquirer, terminating the lease with effect as from such term of Whitsunday or Martinmas as the court specifies. (7) In any other case, the Land Court must make an order declaring the legatee or, as the case may be, the acquirer to be the tenant under the lease and the lease to be binding on the landlord and on the legatee or acquirer, as landlord and tenant respectively, as from the date of the death of the deceased tenant. (8) Where the landlord does not apply to the Land Court under subsection (5)— (a) the counter-notice ceases to have effect on the expiry of the period of 1 month mentioned in that subsection, and (b) the lease is to be binding on the landlord and on the legatee or acquirer, as landlord and tenant respectively, as from the date of the death of the deceased tenant. (12B) (1) This section applies where the person who gives notice to the landlord under section 11(2) or 12(1) is not a near relative of the deceased. (2) The landlord may, within 1 month after notice is given under section 11(2) or 12(1), give to the person a counter-notice intimating that the landlord objects to receiving the person as tenant under the lease and— (a) in the case of a legatee, declaring the bequest to be null and void, (b) in the case of an acquirer, terminating the lease with effect as from such term of Whitsunday or Martinmas as the landlord specifies, being a term at least 1 year but no more than 2 years from the date of the counter-notice. (3) If the landlord gives a counter-notice under subsection (2), the person may, within 1 month after the counter-notice is given, appeal to the Land Court. (4) If, on the hearing of such an appeal, any reasonable ground stated by the person— (a) in the case of a legatee, for not declaring the bequest to be null and void, (b) in the case of an acquirer, for not terminating the lease, is established to the satisfaction of the Land Court, it must make an order quashing the counter-notice. (5) In any other case, the Land Court must make an order confirming the counter-notice. (12C) (1) Pending any proceedings under section 12A or 12B, the legatee or acquirer is to have possession of the holding provided the executor in whom the lease is vested under section 14 of the Succession (Scotland) Act 1964 consents. (2) Subsection (1) does not apply where the Land Court, on the application of the landlord and on cause shown, directs otherwise. (3) In the case of a legatee, if the bequest is declared null and void— (a) under section 12A(6)(a), (b) by virtue of a counter-notice under section 12B(2), no appeal to the Land Court having been made under section 12B(3), or (c) by virtue of the Land Court confirming such a counter-notice on such an appeal, the right to the lease is to be treated as intestate estate of the deceased tenant in accordance with Part 1 of the Succession (Scotland) Act 1964. (4) In the case of an acquirer, if the lease is terminated— (a) under section 12A(6)(b), (b) by virtue of a counter-notice under section 12B(2), no appeal to the Land Court having been made under section 12B(3), or (c) by virtue of the Land Court confirming such a counter-notice on such an appeal, that termination is to be treated, for the purposes of Parts 4 and 5 of this Act (compensation), as termination of the acquirer's tenancy of the holding. (5) But nothing in this section is to entitle the acquirer to compensation for disturbance.

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CHAPTER 7 — Relinquishing and assignation of 1991 Act tenancies

Tenant’s offer to relinquish 1991 Act tenancy

110

(32A) (1) This Part applies where the tenant of an agricultural holding to which subsection (2) applies wishes to quit the tenancy before the date on which the tenancy could otherwise be brought to an end by notice of intention to quit or, failing which, assign the lease to an individual who is a new entrant to, or who is progressing in, farming. (2) This subsection applies to an agricultural holding in respect of which— (a) the lease was entered into before 27 November 2003, or (b) the lease— (i) was entered into in writing on or after that date but prior to the commencement of the tenancy, and (ii) expressly states that this Act is to apply to the tenancy. (32B) (1) The Scottish Ministers may by regulations make further provision about the individuals who are new entrants to, or who are progressing in, farming for the purposes of this Part. (2) Regulations under subsection (1) are subject to the negative procedure. Notice of intention to relinquish (32C) (1) The tenant may serve notice in writing on the landlord of the holding indicating that the tenant will quit the tenancy provided the landlord pays to the tenant an amount, calculated in accordance with section 32L, as compensation for so doing. (2) A notice served under subsection (1) is a “notice of intention to relinquish”. (3) The tenant must, at the same time as serving a notice of intention to relinquish, send a copy of the notice to the Tenant Farming Commissioner. (32D) (1) The Scottish Ministers may by regulations prescribe the form and content of notices of intention to relinquish. (2) Regulations under subsection (1) may, in particular, include provision for— (a) such notices to be dated, (b) such notices to state— (i) the names and designations of the landlord and the tenant of the agricultural holding, (ii) the name (if any) and the address of the holding or such other description of the holding as will identify it, (iii) the rent currently payable in respect of the holding, (iv) the date on which the rent for the holding was last varied or, as the case may be, continued unchanged (whether by agreement or by determination of the Land Court), (v) the improvements (if any) carried out to the holding by the tenant, (c) the information that must or may accompany such notices (which may include maps or plans of the holding). (3) Regulations under subsection (1) are subject to the negative procedure. (32E) (1) A tenant may not serve a notice of intention to relinquish if, at the date of service, any of subsections (2) to (7) apply. (2) This subsection applies where the tenant has served notice of intention to quit. (3) This subsection applies where the tenant has failed to comply with a written demand, served on the tenant by the landlord, requiring the tenant— (a) to pay rent due in respect of the holding within 2 months from the date of service of the demand, or (b) to remedy a relevant breach within a reasonable time. (4) In subsection (3)(b), a “relevant breach” is a breach by the tenant of a condition of the tenancy which— (a) is capable of being remedied, and (b) is not inconsistent with the fulfilment of the tenant's responsibilities to farm in accordance with the rules of good husbandry. (5) This subsection applies where the landlord has served notice to quit to which section 22(2) applies. (6) This subsection applies where the landlord has served notice to quit to which section 22(2) does not apply and— (a) the period mentioned in section 23(1) within which the landlord may apply to the Land Court for consent to the operation of the notice has not expired, (b) the landlord has applied in accordance with that section and the Land Court has yet to reach a decision, or (c) the Land Court has, on such an application, consented to the notice and— (i) any period within which an appeal may be made against that decision has not expired, (ii) such a period has expired without an appeal having been made, or (iii) an appeal having been made, the decision of the Land Court to consent to the notice has been upheld. (7) This subsection applies where, in relation to a notice to quit to which section 22(2) does not apply, the Land Court has, following an application under section 23(1), refused consent to its operation and— (a) any period within which an appeal may be made against that decision has not expired, (b) an appeal has been made but not determined, or (c) the decision of the Land Court to refuse consent to the notice has been quashed. (32F) (1) This section applies where a tenant serves a notice of intention to relinquish. (2) During the relevant period, sections 22 to 24 and 43 have effect in relation to the tenancy subject to the following modifications. (3) The relevant period is the period beginning with the date of service of the notice of intention to relinquish and ending with— (a) the date the tenancy is terminated under section 32T(2), or (b) the date on which the period of 1 year mentioned in section 32U(2) expires. (4) Section 22(2) has effect as if— (a) paragraphs (a) and (b) were omitted, and (b) for “any of paragraphs (a) to (f)” there were substituted “ any of paragraphs (c) to (f) ”. (5) Section 24(1) has effect as if paragraph (e) were omitted. (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. (32G) (1) This section applies where the Tenant Farming Commissioner receives a copy of a notice of intention to relinquish. (2) The Commissioner must, before the expiry of the period mentioned in subsection (3), appoint a person, who meets the requirements mentioned in subsection (4), to— (a) carry out the assessment mentioned in section 32J(1), and (b) calculate the amount to be payable by the landlord to the tenant as compensation for the tenant quitting the tenancy were the landlord to accept the notice of intention to relinquish. (3) The period is— (a) the period of 14 days beginning with the date on which the notice is served, or (b) such other period specified by the Scottish Ministers by regulations. (4) The requirements referred to in subsection (2) are that the person appears to the Commissioner— (a) to be independent of the landlord and the tenant, and (b) to possess qualifications, knowledge and experience suitable for assessing the— (i) value of agricultural land, both with vacant possession and where subject to agricultural holdings, and (ii) compensation that may be payable to tenants and landlords of such holdings. (5) A person appointed under subsection (2) is the “valuer”. (6) The Tenant Farming Commissioner must give notice in writing to the tenant and the landlord of the name and address of the valuer appointed under subsection (2). (7) Regulations under subsection (3)(b) are subject to the negative procedure. (32H) (1) This section applies where the tenant or the landlord objects to the person appointed under section 32G(2) by the Tenant Farming Commissioner on one or more of the grounds mentioned in subsection (2). (2) Those grounds are that the person— (a) is not independent of the landlord or, as the case may be, the tenant, or (b) does not possess the qualifications, knowledge and experience mentioned in section 32G(4)(b). (3) The tenant or, as the case may be, the landlord may apply to the Land Court to appoint a person as the valuer in place of the person appointed by the Tenant Farming Commissioner. (4) An application under subsection (3)— (a) must— (i) be made before the expiry of the period of 14 days beginning with the date of the notice under section 32G(6), and (ii) state the ground of objection to the person appointed by the Tenant Farming Commissioner, and (b) may propose a person to be appointed as the valuer in place of that person. (5) The Land Court may, on an application under subsection (3)— (a) reject the objection, or (b) appoint a person as the valuer (whether a person proposed in the application or not). (6) The decision of the Land Court on an application under subsection (3) is final. (32I) (1) The tenant is responsible for meeting the expenses, incurred in carrying out functions under this Part, of a valuer appointed— (a) by the Tenant Farming Commissioner under section 32G(2), or (b) by the Land Court under section 32H(5)(b). (2) Where, in the case of a valuer appointed under section 32G(2), those expenses have been met by the Tenant Farming Commissioner, the Commissioner is entitled to recover them from the tenant. (32J) (1) The valuer is to assess— (a) the value of the land to which the holding relates— (i) if sold with vacant possession, (ii) if sold with the tenant still in occupation, and (b) the amount of compensation— (i) to which the tenant would be entitled, by virtue of Part 4, sections 40 and 41 or any agreement applying in place of that Part or those sections, in relation to any improvements to the holding, (ii) to which the tenant would be entitled under section 44, and (iii) to which the landlord would be entitled under sections 45 and 45A. (2) In assessing the value of the land under subsection (1)(a)(i) or (ii), the valuer— (a) is to have regard to the value that would be likely to be agreed between a reasonable seller and buyer of such land assuming the seller and buyer are, as respects the transaction, willing, (b) is to take account— (i) of when the landlord would in the normal course of events have been likely to recover vacant possession of the land from the tenant, (ii) of the terms and conditions of any lease, other than the lease of the holding, affecting the land, (c) is to take no account of— (i) the existence of any person to whom the tenant could assign the lease of the holding under section 10A or to whom the lease could be bequeathed under section 11, (ii) the absence of the period of time during which the land would, on the open market, be likely to be advertised and exposed for sale, (iii) any factor attributable to any use of the land which is or would be unlawful, (iv) any increase in the value of the land resulting from improvements in relation to which the tenant would be entitled to compensation as mentioned in subsection (1)(b)(i) and (ii), (v) any increase in the value of the land resulting from the use of any of the land, or changes to the land, for a purpose that is not one permitted by the lease of the holding, (vi) any reduction in the value of the land resulting from any dilapidation or deterioration of, or damage to, fixed equipment or land caused or permitted by the tenant in relation to which the landlord would be entitled to compensation as mentioned in subsection (1)(b)(iii), (vii) any reduction in the value of the land resulting from the use of any of the land, or changes to the land, for a purpose that is not one permitted by the lease of the holding. (3) For the purposes of subsection (2)(c)(iv)— (a) subject to paragraph (b), “improvements” is to be construed by reference to schedule 5, and (b) the continuous adoption by the tenant of a standard of farming more beneficial to the land than the standard or system required by the lease or, in so far as no system of farming is so required, than the system of farming normally practised on comparable agricultural land in the district, is to be treated as an improvement executed at the tenant's expense. (4) The valuer is to calculate, in accordance with section 32L, the amount to be payable by the landlord to the tenant as compensation were the landlord to accept the notice of intention to relinquish. (5) The Scottish Ministers may by regulations amend subsections (2) and (3) so as to— (a) add, (b) remove, (c) vary the description of, a matter which the valuer must have regard to, take account of or take no account of in assessing the value of the land under subsection (1)(a)(i) or (ii). (6) Regulations under subsection (5) are subject to the affirmative procedure. (32K) (1) The valuer is— (a) to invite the landlord and the tenant to make written representations about the assessment under section 32J(1), and (b) to have regard to any such representations. (2) The valuer may— (a) enter onto land, and (b) make any reasonable request of the landlord and tenant, for the purposes of any assessment under section 32J(1). (32L) The amount to be payable by the landlord to the tenant as compensation were the landlord to accept the notice of intention to relinquish is to be calculated as follows: - Step 1 Deduct from the value of the land to which the holding relates if sold with vacant possession the value of the land if sold with the tenant still in occupation (both as assessed under section 32J(1) or, as the case may be, 32N(3)(a)). - Step 2 Divide the amount calculated under Step 1 by 2. - Step 3 Add to the amount of compensation to which the tenant would be entitled in relation to improvements the amount of compensation to which the tenant would be entitled under section 44 (as so assessed). - Step 4 Deduct from the amount calculated under Step 3 the amount of compensation to which the landlord would be entitled under sections 45 and 45A (as so assessed). - Step 5 Add to the amount calculated under Step 2 the amount calculated under Step 4. (32M) (1) The valuer must, before the expiry of the period mentioned in subsection (2), serve a notice in writing, specifying the matters mentioned in subsection (3), on— (a) the tenant, and (b) the landlord. (2) The period is the period of 8 weeks beginning with— (a) the date on which the period, within which an application under section 32H(3) may be made, expires, or (b) where such an application is made, the date of the Land Court's decision on it. (3) The matters are— (a) the value, assessed under section 32J(1)(a), of the land to which the holding relates— (i) if sold with vacant possession, and (ii) if sold with the tenant still in occupation, (b) the amount, assessed under section 32J(1)(b), of compensation— (i) to which the tenant would be entitled in relation to any improvements to the holding, (ii) to which the tenant would be entitled under section 44, (iii) to which the landlord would be entitled under section 45 and 45A, and (c) the amount, calculated in accordance with section 32L, to be payable by the landlord to the tenant as compensation were the landlord to accept the tenant's notice of intention to relinquish. (4) The notice must also— (a) be dated, (b) state the date of valuation of each of the values and amounts mentioned in subsection (3), and (c) set out how the valuer arrived at each of those values and amounts. (5) The notice may also contain or be accompanied by any other information that the valuer considers appropriate. (6) A notice served under subsection (1) is a “notice of assessment”. (7) The valuer must, at the same time as serving a notice of assessment, send a copy of the notice to the Tenant Farming Commissioner. (32N) (1) The tenant or the landlord may appeal to the Lands Tribunal against a notice of assessment. (2) An appeal under this section must— (a) state the grounds on which it is being made, and (b) be lodged before the expiry of the period of 21 days beginning with the date the notice of assessment was served. (3) The Lands Tribunal may— (a) reassess any value or amount of compensation mentioned in section 32J(1) (and any factor affecting the value or amount), (b) determine the amount to be payable by the landlord to the tenant as compensation, calculated in accordance with section 32L, were the landlord to accept the tenant's notice of intention to relinquish. (4) The valuer whose assessment is appealed against may be a witness in the appeal proceedings. (5) In the appeal proceedings, in addition to the landlord and the tenant, the following persons are entitled to be heard— (a) where the landlord is a creditor in a standard security, the owner of the land, (b) where the landlord is the owner of the land, any creditor in a standard security over the land or any part of it. (6) The Lands Tribunal is to give written reasons for its decision on an appeal under this section. (7) The decision of the Lands Tribunal in an appeal under this section is final. (32O) Where, in an appeal before the Lands Tribunal under section 32N, an issue of law arises which may competently be determined by the Land Court by virtue of this Act or the 2003 Act, the Tribunal is to refer the issue to the Land Court for determination unless the Tribunal considers that it is not appropriate to do so. (32P) (1) The tenant may, before the expiry of the period mentioned in subsection (2), withdraw a notice of intention to relinquish by serving notice on the landlord. (2) The period is— (a) the period of 35 days beginning with the day the notice of assessment is served, or (b) if an appeal is made to the Lands Tribunal under section 32N, the period of 14 days beginning with the date of the Tribunal's decision. (3) The tenant must, at the same time as serving notice under subsection (1), send a copy of the notice to— (a) the Tenant Farming Commissioner, (b) any valuer appointed under section 32G(2) or, as the case may be, 32H(5)(b). (4) Where the tenant serves notice under subsection (1)— (a) if no person has been appointed as the valuer under section 32G(2), the Tenant Farming Commissioner need not so appoint a person, (b) if a valuer has been appointed under section 32G(2) or, as the case may be, 32H(5)(b), the valuer's appointment comes to an end. (32Q) (1) The section applies where the landlord wishes to accept the tenant's notice of intention to relinquish. (2) The landlord must— (a) serve notice on the tenant which complies with subsection (3), and (b) pay the amount of compensation calculated under section 32L before the expiry of the period mentioned in subsection (5). (3) A notice complies with this subsection if it— (a) is served before the expiry of the period mentioned in subsection (4), and (b) states that the landlord will, in exchange for the tenant quitting the tenancy, pay to the tenant— (i) the amount of compensation assessed by the valuer and specified in the notice of assessment, or (ii) where the Lands Tribunal has determined under section 32N(3)(b) that the compensation should be a different amount, that amount. (4) The period referred to in subsection (3)(a) is the period of 28 days beginning with the date on which the period, within which the tenant may, under section 32P, withdraw the notice of intention to relinquish, expires. (5) The period referred to in subsection (2)(b) is the period of 6 months beginning with the date on which the period, within which the tenant may, under section 32P, withdraw the notice of intention to relinquish, expires. (6) A notice served under subsection (2)(a) is a “notice of acceptance”. (7) The landlord must, at the same time as serving a notice of acceptance, send a copy of the notice to the Tenant Farming Commissioner. (8) The Scottish Ministers may by regulations specify the form and content of notices of acceptance. (9) Regulations under subsection (8) are subject to the negative procedure. (32R) (1) The landlord may, at any time before the expiry of the period of 28 days mentioned in section 32Q(4), serve notice on the tenant stating that the landlord does not wish to accept the notice of intention to relinquish. (2) A notice served under subsection (1) is a “notice of declinature”. (3) The landlord must, at the same time as serving a notice of declinature, send a copy of the notice to— (a) the Tenant Farming Commissioner, (b) any valuer appointed under section 32G(2) or, as the case may be, 32H(5)(b). (4) Where the landlord serves notice of declinature— (a) if no person has been appointed as the valuer under section 32G(2), the Tenant Farming Commissioner need not so appoint a person, (b) if a valuer has been appointed under section 32G(2) or, as the case may be, 32H(5)(b), the valuer's appointment comes to an end. (32S) (1) A landlord may, at any time before the expiry of the period of 6 months mentioned in section 32Q(5), withdraw a notice of acceptance by serving notice in writing on the tenant. (2) A notice served under subsection (1) is a “notice of withdrawal”. (3) The landlord must, at the same time as serving notice of withdrawal, send a copy of the notice to the Tenant Farming Commissioner. (4) The tenant is entitled to recover from the landlord any loss or expense incurred in reliance on the landlord's notice of acceptance. (32T) (1) This section applies where, on or before the expiry of the period mentioned in section 32Q(5), the landlord pays to the tenant the amount of compensation in accordance with section 32Q(2)(b). (2) The tenancy comes to an end— (a) on the expiry of that period, or (b) on such earlier date as the tenant and landlord may agree. (3) Where a tenancy is terminated under subsection (2), section 21 does not apply in respect of the tenancy. (4) Any claim or entitlement to compensation or any other payment, other than to the compensation mentioned in section 32J(1)(b), is preserved despite the payment of compensation in accordance with section 32Q(2)(b). (32U) (1) This section applies where the tenant serves notice of intention to relinquish and the landlord— (a) serves notice of declinature, (b) fails to serve notice of acceptance before the expiry of the period of 28 days mentioned in section 32Q(4), or (c) serves notice of acceptance but— (i) serves notice of withdrawal before the expiry of the period of 6 months mentioned in section 32Q(5), or (ii) fails to pay the amount of compensation required before the expiry of that period in accordance with section 32Q(2)(b). (2) The tenant may, before the expiry of the period of 1 year beginning with the date mentioned in subsection (3), assign the lease of the holding to an individual who is a new entrant to, or who is progressing in, farming. (3) That date is— (a) the date notice of declinature is served, (b) where the landlord fails to serve notice of acceptance before the expiry of the period of 28 days mentioned in section 32Q(4), the date falling at the end of that period, (c) the date notice of withdrawal is served, or (d) where the landlord fails to pay the amount of compensation required before the expiry of the period of 6 months mentioned in section 32Q(5), the date falling at the end of that period. (32V) Section 10A has effect in relation to an assignation by virtue of section 32U(2)— (a) as if subsections (1), (1A) and (6) were omitted, (b) as if, for subsections (3), (3A) and (3B) there were substituted— (3) The landlord may withhold consent to the proposed assignation if— (a) the proposed assignee is not an individual who is a new entrant to farming or who is progressing in farming, or (b) there are reasonable grounds for doing so. (3A) In subsection (3)(b), reasonable grounds include, in particular, that the landlord is not satisfied that the proposed assignee— (a) would have the ability to pay— (i) the rent due under the lease, or (ii) for adequate maintenance of the land, or (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. (3B) The ground of objection in subsection (3A)(b) does not apply where the proposed assignee is a new entrant to farming and— (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 holding is farmed with reasonable efficiency until the person completes that course. (32W) In this Part— - “new entrant to farming” and “person progressing in farming” are to be construed in accordance with section 32B, - “notice of acceptance” has the meaning given by section 32Q(6), - “notice of assessment” has the meaning given by section 32M(6), - “notice of declinature” has the meaning given by section 32R(2), - “notice of intention to relinquish” has the meaning given by section 32C(2), - “notice of withdrawal” has the meaning given by section 32S(2), - “Tenant Farming Commissioner” means the person appointed under section 10(1) of the Land Reform (Scotland) Act 2016, - “valuer” means the person appointed under section 32G(2) or, as the case may be, 32H(5)(b).

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Tenant’s offer to relinquish 1991 Act tenancy: consequential modifications

111

(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.

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CHAPTER 8 — Compensation for tenant's improvements

Amnesty for tenant's improvements

Amnesty for certain improvements by tenant

112

intends to claim compensation under section 45 of that Act.

Amendment of the Agricultural Holdings (Scotland) Acts

113

(34A) A tenant of an agricultural holding is entitled to compensation under section 34 if Chapter 8 of Part 10 of the Land Reform (Scotland) Act 2016 applies.

.

(45A) A tenant under a short limited duration tenancy, a limited duration tenancy or a modern limited duration tenancy is entitled to compensation under section 45 if Chapter 8 of Part 10 of the Land Reform (Scotland) Act 2016 applies.

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Amnesty notice

114

Objection to amnesty notice and referral to Land Court

Objection by landlord

115

Referral to Land Court

116

Agreements made during amnesty period

Amnesty agreements

117

Resolution of disputes

Arbitration and other dispute resolution

118

CHAPTER 9 — Improvements by landlord

Notice required for certain improvements by landlord

119

(14A) (1) This section applies where the landlord of an agricultural holding intends to carry out a relevant improvement. (2) A “relevant improvement” is an improvement specified in schedule 5 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 39(3), or (c) in pursuance of a direction given by the Scottish Ministers under powers conferred on them by or under any enactment. (3) The landlord must give notice in writing to the tenant before carrying out the relevant improvement, unless section 14F applies. (4) A notice served in accordance with this section is a “landlord improvement notice”. (5) 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 holding or such other description of the holding 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 holding in accordance with the rules of good husbandry. (14B) (1) Where the landlord has given a landlord improvement notice under section 14A, 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 holding in accordance with the rules of good husbandry. (14C) (1) Where the tenant has given notice of objection under section 14B 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 holding in accordance with the rules of good husbandry. (14D) (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 39(3), (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 14A and— (i) the tenant has not given notice of objection in accordance with section 14B, or (ii) the tenant has given such notice of objection but the Land Court has approved the improvement under section 14C(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 14F on emergency improvements. (14E) (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 14A, (b) the tenant objected to the improvement under section 14B and the Land Court has not approved the improvement under section 14C(2)(a), (c) the improvement is in breach of any decision of the Land Court under section 14C, (d) the improvement was not an emergency improvement as defined in section 14F. (2) Any such improvement is to be disregarded for the purposes of— (a) assessing the tenant's responsibilities— (i) in relation to farming the holding in accordance with the rules of good husbandry, (ii) in relation to fixed equipment under section 5(2)(b)(ii). (b) any subsequent rent review under schedule 1A. (14F) (1) Where a landlord or a tenant considers that an emergency improvement is required, sections 14A(3) and 14D(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.

.

(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.

.

Rent increase for certain improvements by landlord

120

, or (d) after giving a landlord improvement notice in accordance with section 14A and— (i) the tenant has not given notice of objection in accordance with section 14B, or (ii) the tenant has given such notice of objection but the Land Court has approved the improvement under section 14C,

.

, 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,

.

CHAPTER 10 — Diversification

Use of land for non-agricultural purposes: objection to notice of diversification

121

(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).

,

(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).

.

(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.

.

Use of land for non-agricultural purposes: requests for information

122

(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,

,

(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.

,

(a) where the landlord has made a request for information under subsection (6), 60 days from the making of the request,

.

CHAPTER 11 — Irritancy for non-payment of rent

Irritancy for non-payment of rent

123

(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.

.

PART 11 — Small landholdings

Review of small landholdings legislation

124

and “small landholders” is to be construed accordingly.

PART 12 — General and miscellaneous

General interpretation

125

In this Act—

Subordinate legislation

126

are subject to the negative procedure.

are subject to the affirmative procedure.

Ancillary provision

127

Crown application

128

Minor and consequential modifications

129

Commencement

130

Short title

131

The short title of this Act is the Land Reform (Scotland) Act 2016.

SCHEDULE 1

Land Reform (Scotland) Act 2003

1

(A1) During the relevant period, a community body which modifies its memorandum, articles of association, constitution or registered rules (as defined in section 34(8)) must, as soon as possible after such modification, notify the Scottish Ministers in writing of the modification.

,

(1) A community body— (a) which— (i) has registered a community interest in land under this Part and remains so registered, or (ii) has bought land under this Part, any part of which remains in its ownership, and (b) which modifies its memorandum, articles of association, constitution or registered rules (as defined in section 34(8)), must, as soon as possible after such modification, notify the Scottish Ministers in writing of the modification.

.

(4) The period referred to in subsection (3) above is— (a) the period of 12 weeks beginning with the date on which a valuer is appointed under section 59(1) in respect of the land in relation to which the community body has confirmed it will exercise its right to buy, or (b) where— (i) the ballotter receives notification under section 60(3C), and (ii) the date notified under paragraph (c) of that subsection is after the end of the 12 week period beginning with the date on which a valuer is appointed under section 59(1), the period beginning with the date on which a valuer is appointed under section 59(1) and ending with the day after the date notified to the ballotter under section 60(3C).

.

(1) A crofting community body— (a) which has bought land under this Part, any part of which remains in its ownership, and (b) which modifies its memorandum, articles of association, constitution or registered rules (as defined in section 71(8)), must, as soon as possible after such modification, notify the Scottish Ministers in writing of the modification.

.

(1) A Part 3A community body— (a) which has bought land under this Part, any part of which remains in its ownership, and (b) which modifies its memorandum, articles of association, constitution or registered rules (as defined in section 97D(12)), must, as soon as possible after such modification, notify the Scottish Ministers in writing of the modification.

.

SCHEDULE 2

PART 1 — Modern limited duration tenancies and repairing tenancies

Sheriff Courts (Scotland) Act 1907

1

Law Reform (Miscellaneous Provisions) (Scotland) Act 1985

2

1991 Act

3

Crofters (Scotland) Act 1993

4

(iv) a modern limited duration tenancy within the meaning of that Act, or (v) a repairing tenancy within the meaning of that Act.

.

Children (Scotland) Act 1995

5

Town and Country Planning (Scotland) Act 1997

6

2003 Act

7

(c) tenancy under a lease constituting a modern limited duration tenancy, or (d) tenancy under a lease constituting a repairing tenancy,

.

(c) a modern limited duration tenancy, or (d) a repairing tenancy,

.

(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.

.

, and (c) a modern limited duration tenancy.

,

(iia) a modern limited duration tenancy, or (iib) a repairing tenancy,

,

“limited duration tenancy” means a tenancy— (a) created by virtue of section 5(1), or (b) converted by virtue of section 5(2), (3) or (4), before the repeal of that section by section 85(2) of the Land Reform (Scotland) Act 2016, “modern limited duration tenancy” is to be construed in accordance with section 5A,

,

“repairing tenancy” is to be construed in accordance with section 5C,

.

Antisocial Behaviour etc. (Scotland) Act 2004

8

Housing (Scotland) Act 2006

9

(D) a modern limited duration tenancy (within the meaning of that Act), or (E) a repairing tenancy (within the meaning of that Act),

.

PART 2 — Sale where landlord in breach

2003 Act

10

PART 3 — Rent reviews

1991 Act

11

2003 Act

12

Agricultural Holdings (Amendment) (Scotland) Act 2012

13

PART 4 — Assignation and succession

Succession (Scotland) Act 1964

14

1991 Act

15

2003 Act

16

(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 ”.

.

(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 ”.

.

Agricultural Holdings (Amendment) (Scotland) Act 2012

17

PART 5 — General modifications

1991 Act

18

2003 Act

19

Land rights and responsibilities statement

The Scottish Land Commission

Functions of the Land Commissioners

Information about persons with controlling interests in owners and tenants of land

Meaning of “land”

Right to buy: application for consent

Repeal of exclusion of shootings and deer forests from valuation roll

Valuation of shootings and deer forests

Change of use of land forming part of the common good

Functions of deer panels

Power to require return on number of deer planned to be killed

Increase in penalty for failure to comply with control scheme

Core paths plans

Access rights: service of court applications

Modern limited duration tenancies: creation

Sale to tenant or third party where landlord in breach of order or award

1991 Act tenancies: rent review

Limited duration tenancies, modern limited duration tenancies and repairing tenancies: rent review

Assignation of 1991 Act tenancies

Assignation of limited duration tenancies

Assignation of modern limited duration tenancies

Limited duration tenancies, modern limited duration tenancies and repairing tenancies: succession

Objection by landlord to legatee or acquirer on intestacy

Tenant's offer to relinquish 1991 Act tenancy

Tenant's offer to relinquish 1991 Act tenancy: consequential modifications

Amnesty for certain improvements by tenant

Notice required for certain improvements by landlord

Use of land for non-agricultural purposes: objection to notice of diversification

Use of land for non-agricultural purposes: requests for information

Review of small landholdings legislation

General interpretation

Land Reform (Scotland) Act 2003

Sheriff Courts (Scotland) Act 1907

Law Reform (Miscellaneous Provisions) (Scotland) Act 1985

1991 Act

Crofters (Scotland) Act 1993

Children (Scotland) Act 1995

Town and Country Planning (Scotland) Act 1997

2003 Act

Antisocial Behaviour etc. (Scotland) Act 2004

Housing (Scotland) Act 2006

2003 Act

1991 Act

2003 Act

Agricultural Holdings (Amendment) (Scotland) Act 2012

Succession (Scotland) Act 1964

1991 Act

2003 Act

Agricultural Holdings (Amendment) (Scotland) Act 2012

1991 Act

2003 Act

Editorial notes

[^key-3c6ecebbd92733c46c828ccb7f974517]: S. 74 in force at 28.6.2016 by S.S.I. 2016/193, reg. 2(1), Sch. (with art. 3)

[^key-e928bafa90a44588bb10a7468e935ded]: S. 75 in force at 28.6.2016 by S.S.I. 2016/193, reg. 2(1), Sch. (with art. 3)

[^key-3ea39aa9511733b7896bf54122943fbe]: S. 76 in force at 28.6.2016 by S.S.I. 2016/193, reg. 2(1), Sch. (with art. 3)

[^key-06e2b5894b350f23f6c2321598f80f80]: S. 77 in force at 28.6.2016 by S.S.I. 2016/193, reg. 2(1), Sch.

[^key-efe6770ba26e88df7e84a28cc3c8e05a]: S. 78 in force at 28.6.2016 by S.S.I. 2016/193, reg. 2(1), Sch.

[^key-0150f28bb8f2d0401c1924335c2d82d7]: S. 79 in force at 28.6.2016 by S.S.I. 2016/193, reg. 2(1), Sch.

[^key-071521cf8f2e1113891ecd233f4798a5]: S. 80 in force at 28.6.2016 by S.S.I. 2016/193, reg. 2(1), Sch.

[^key-8f5f9c7409a648510a28939fac39c33c]: S. 81 in force at 28.6.2016 by S.S.I. 2016/193, reg. 2(1), Sch.

[^key-6705f9cfdf32dd1d71c27b9aa2e15350]: S. 82 in force at 28.6.2016 by S.S.I. 2016/193, reg. 2(1), Sch.

[^key-9d06d775785e973139e9a1d4058ef685]: S. 1 in force at 1.10.2016 by S.S.I. 2016/193, reg. 2(2)

[^key-e01cd608d477e7f570951da2975ad2a9]: S. 2 in force at 1.10.2016 by S.S.I. 2016/193, reg. 2(2)

[^key-1b643caff8dfe676c220cfecd12f1f90]: S. 4(1)(5) in force at 1.11.2016 by S.S.I. 2016/250, reg. 2(1)(2), sch. 1 (with reg. 3)

[^key-c47b479cac48f5725ebe23f940956707]: S. 5 in force at 1.11.2016 by S.S.I. 2016/250, reg. 2(1)(2), sch. 1 (with reg. 3)

[^key-5f2d23709e4bed4916fc22799929c853]: S. 7 in force at 1.11.2016 by S.S.I. 2016/250, reg. 2(1)(2), sch. 1 (with reg. 3)

[^key-396b3b4f83dbdc839645407a85888f15]: S. 10 in force at 1.11.2016 by S.S.I. 2016/250, reg. 2(1)(2), sch. 1 (with reg. 3)

[^key-3f1139f1aec296ed8a26f0f7c9493147]: S. 11 in force at 1.11.2016 by S.S.I. 2016/250, reg. 2(1)(2), sch. 1 (with reg. 3)

[^key-e2dc39c941cbf765acccafa14a85914e]: S. 12(1)(2)(3)(a)(4)(5) in force at 1.11.2016 by S.S.I. 2016/250, reg. 2(1)(2), sch. 1 (with reg. 3)

[^key-0326f3d081df216de91850c9f47ae912]: S. 12(3)(b) in force at 1.11.2016 for specified purposes by S.S.I. 2016/250, reg. 2(1)(2), sch. 1 (with reg. 3)

[^key-9e0f9a08ed0d1f4f7d19ae94196f0380]: S. 13 in force at 1.11.2016 by S.S.I. 2016/250, reg. 2(1)(2), sch. 1 (with reg. 3)

[^key-ba99a88500962a23a456742469e5067d]: S. 14 in force at 1.11.2016 by S.S.I. 2016/250, reg. 2(1)(2), sch. 1 (with reg. 3)

[^key-504803d16b6472642a3d20a9456e2dd0]: S. 15 in force at 1.11.2016 by S.S.I. 2016/250, reg. 2(1)(2), sch. 1 (with reg. 3)

[^key-738d65999c9d4eaf9b90285a98092ca1]: S. 16 in force at 1.11.2016 by S.S.I. 2016/250, reg. 2(1)(2), sch. 1 (with reg. 3)

[^key-62105e156a87e83198d58e511dad22fa]: S. 17 in force at 1.11.2016 by S.S.I. 2016/250, reg. 2(1)(2), sch. 1 (with reg. 3)

[^key-a46d0edf2f53140adec3b9b7df913d2e]: S. 18 in force at 1.11.2016 by S.S.I. 2016/250, reg. 2(1)(2), sch. 1 (with reg. 3)

[^key-15b81a007b602412afe1d6a1031e7ade]: S. 19 in force at 1.11.2016 by S.S.I. 2016/250, reg. 2(1)(2), sch. 1 (with regs. 3, 4)

[^key-29a995782827b4f4f4f897f32853ce5e]: S. 20 in force at 1.11.2016 by S.S.I. 2016/250, reg. 2(1)(2), sch. 1 (with regs. 3, 4)

[^key-60b9e2e2ea777cffd06cdff6e5bc00f9]: S. 21(1)(2) in force at 1.11.2016 by S.S.I. 2016/250, reg. 2(1)(2), sch. 1 (with reg. 3)

[^key-6b98435b1e340398366ac4c6b1be67d5]: S. 44 in force at 1.11.2016 by S.S.I. 2016/250, reg. 2(1)(2), sch. 1 (with reg. 3)

[^key-b023cf0ec3bf12be8721595fd6f9bbb8]: S. 85(1)(3) in force at 23.12.2016 for specified purposes by S.S.I. 2016/365, reg. 2, sch. (with regs. 3-15)

[^key-3542801d63bb9a7462392c795d76afe9]: S. 89 in force at 23.12.2016 for specified purposes by S.S.I. 2016/365, reg. 2, sch. (with regs. 3-15)

[^key-e0451a94360eda96e21806c359ac63ad]: S. 92 in force at 23.12.2016 for specified purposes by S.S.I. 2016/365, reg. 2, sch. (with regs. 3-15)

[^key-711b62d9d09531c80d707e357ff4965a]: S. 98 in force at 23.12.2016 for specified purposes by S.S.I. 2016/365, reg. 2, sch. (with regs. 3-15)

[^key-311e61bab71eb2e9d163492878ecc133]: S. 100 in force at 23.12.2016 for specified purposes by S.S.I. 2016/365, reg. 2, sch. (with regs. 3-15)

[^key-7e1129561f1cf0ebe0378f7c6d43ef24]: S. 101 in force at 23.12.2016 for specified purposes by S.S.I. 2016/365, reg. 2, sch. (with regs. 3-15)

[^key-eee3280ed1c3127d483af22ae08c5d44]: S. 102 in force at 23.12.2016 for specified purposes by S.S.I. 2016/365, reg. 2, sch. (with regs. 3-15)

[^key-41829d94e3dd88b0ecf92f3206fe2aa9]: S. 103 in force at 23.12.2016 by S.S.I. 2016/365, reg. 2, sch. (with regs. 3-15)

[^key-09a42471e4cc2a9e97ba0d0ae5097b32]: S. 104 in force at 23.12.2016 by S.S.I. 2016/365, reg. 2, sch. (with regs. 3-15)

[^key-a06720add484ce885d27acd0a5d8df59]: S. 107 in force at 23.12.2016 by S.S.I. 2016/365, reg. 2, sch. (with regs. 3-15)

[^key-2ba3bed64405334d60823522c301e8c1]: S. 108(2)(3)(a)(ii)(b) in force at 23.12.2016 by S.S.I. 2016/365, reg. 2, sch. (with regs. 3-15)

[^key-91188ec547cf4d6dc35de825db8961f4]: S. 109 in force at 23.12.2016 by S.S.I. 2016/365, reg. 2, sch. (with regs. 3-15)

[^key-10f1859e0863e28799a18ded3be1d0cd]: S. 110 in force at 23.12.2016 for specified purposes by S.S.I. 2016/365, reg. 2, sch. (with regs. 3-15)

[^key-f7a28c646b793a73ba8c4a583a8188e6]: S. 111(2)(4) in force at 23.12.2016 for specified purposes by S.S.I. 2016/365, reg. 2, sch. (with regs. 3-15)

[^key-9a927e5a64125538ae49288219943f57]: S. 119 in force at 23.12.2016 by S.S.I. 2016/365, reg. 2, sch. (with regs. 3-15)

[^key-065ecb86baf2c81c05a2ad461783f556]: S. 120 in force at 23.12.2016 by S.S.I. 2016/365, reg. 2, sch. (with regs. 3-15)

[^key-afc7d834da3fe408a2775c9520c37c63]: S. 121 in force at 23.12.2016 by S.S.I. 2016/365, reg. 2, sch. (with regs. 3-15)

[^key-6bb72c0958c31853fbc26482c3298451]: S. 122 in force at 23.12.2016 by S.S.I. 2016/365, reg. 2, sch. (with regs. 3-15)

[^key-e45e997afa9876d4b1f40951dfc51299]: S. 123 in force at 23.12.2016 by S.S.I. 2016/365, reg. 2, sch. (with regs. 3-15)

[^key-c5ae0e3ebb4fb3ea53d238b5c3a4471b]: S. 124 in force at 23.12.2016 by S.S.I. 2016/365, reg. 2, sch. (with regs. 3-15)

[^key-a3702beb680c12392e51cc1416d9a6d2]: S. 129(2) in force at 23.12.2016 for specified purposes by S.S.I. 2016/365, reg. 2, sch. (with regs. 3-15)

[^key-5fcd4254f2e463b88e45229359cf502d]: Sch. 2 para. 7(1) in force at 23.12.2016 for specified purposes by S.S.I. 2016/365, reg. 2, sch. (with regs. 3-15)

[^key-3bace25469f3eda663590b88d774609e]: Sch. 2 para. 7(16)(b) in force at 23.12.2016 by S.S.I. 2016/365, reg. 2, sch. (with regs. 3-15)

[^key-a4a24e96834fa08cac88a7a7d08af5fa]: Sch. 2 para. 14 in force at 23.12.2016 by S.S.I. 2016/365, reg. 2, sch. (with regs. 3-15)

[^key-008c9b96e4faa4e669cc43d765b3e460]: Sch. 2 para. 15 in force at 23.12.2016 by S.S.I. 2016/365, reg. 2, sch. (with regs. 3-15)

[^key-d2c5d125bab883f30fffe9ef20505497]: Sch. 2 para. 16 in force at 23.12.2016 by S.S.I. 2016/365, reg. 2, sch. (with regs. 3-15)

[^key-c00644b9a3c1e346601f679976a55bb4]: Sch. 2 para. 17 in force at 23.12.2016 by S.S.I. 2016/365, reg. 2, sch. (with regs. 3-15)

[^key-aca5071e02c6a918650ff5d2e78cbed5]: Sch. 2 para. 18 in force at 23.12.2016 by S.S.I. 2016/365, reg. 2, sch. (with regs. 3-15)

[^key-a9ed22b13cdb4f41d1e44356d0e7d121]: Sch. 2 para. 19 in force at 23.12.2016 by S.S.I. 2016/365, reg. 2, sch. (with regs. 3-15)

[^key-0d72051287926e3f8d046c998681457c]: Sch. 2 para. 7(29)(30)(b) in force at 23.12.2016 for specified purposes by S.S.I. 2016/365, reg. 2, sch. (with regs. 3-15)

[^key-0587f51da5ab5bdf8dda9895af298fb3]: S. 83 in force at 31.12.2016 by S.S.I. 2016/372, reg. 2 (with regs. 3, 4)

[^key-ec27016e7bb691531b3e5e86da49854a]: S. 84 in force at 31.12.2016 by S.S.I. 2016/372, reg. 2 (with regs. 3, 4)

[^key-e593d2a72a8ba8b8aac7292f097011fe]: S. 27(1)(2)(a)-(f)(h)(i)(3)-(9) in force at 1.4.2017 by S.S.I. 2016/250, reg. 2(3), sch. 2