The Land Reform (Scotland) Act 2016 (Commencement No. 5 and Transitory Provisions) Regulations 2017

Made: 24th January 2017

Laid before the Scottish Parliament: 26th January 2017

Coming into force: 13th March 2017

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 130(2) and (4) of the Land Reform (Scotland) Act 2016[^f00001] and all other powers enabling them to do so.

Citation, commencement and interpretation

1

• (1) These Regulations may be cited as the Land Reform (Scotland) Act 2016 (Commencement No. 5 and Transitory Provisions) Regulations 2017 and come into force on 13th March 2017.

• (2) In these Regulations “the Act” means the Land Reform (Scotland) Act 2016.

Appointed day

2

13th June 2017 is the day appointed for the coming into force of the provisions of the Act specified in column 1 of the table in the schedule (the subject matter of which is described in column 2 of that table).

Transitory provision: amnesty for certain improvements by tenant

3

Until the coming into force of section 85 of the Act (modern limited duration tenancies: creation) for all purposes, section 112(1) of the Act (amnesty for certain improvements by tenant) is to be read as if for paragraph (b) there were substituted—

(b) a tenant— (i) under a short limited duration tenancy within the meaning of section 4 of the 2003 Act, or (ii) under a limited duration tenancy within the meaning of section 5 of that Act, intends to claim compensation under section 45 of that Act.

Transitory provision: section 45A of the Agricultural Holdings (Scotland) Act 2003

4

Until the coming into force of section 85 of the Act for all purposes, section 45A of the Agricultural Holdings (Scotland) Act 2003[^f00002] (amnesty under the Land Reform (Scotland) Act 2016) is to be read as if for “, a limited duration tenancy or a modern limited duration tenancy” there were substituted “or a limited duration tenancy”.

Transitory provision: amnesty notice

5

Until the coming into force of section 85 of the Act for all purposes, section 114(5) of the Act (amnesty notice) is to be read as if for “, limited duration tenancy or modern limited duration tenancy” there were substituted “or limited duration tenancy”.

SCHEDULE — PROVISIONS OF THE ACT COMING INTO FORCE ON 13TH JUNE 2017

Signed

FERGUS EWING — A member of the Scottish Government — 24th January 2017

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations make provision in relation to bringing into force particular sections of the Land Reform (Scotland) Act 2016 (“the Act”).

Regulation 2 and the schedule appoint 13th June 2017 for the coming into force of the provisions specified in column 1 of the table in the schedule. The sections of the Act which are being commenced relate to compensation for certain improvements by tenants.

Regulation 3 makes transitory provision so that the reference in section 112(1)(b)(iii) of the Act to a modern limited duration tenancy (“MLDT”) is to be ignored until section 85 of the Act (modern limited duration tenancies: creation) comes into force for all purposes.

Regulation 4 makes transitory provision so that the reference in section 45A of the Agricultural Holdings (Scotland) Act 2003 (inserted by section 113 of the Act) to an MLDT is to be ignored until section 85 of the Act comes into force for all purposes.

Regulation 5 makes transitory provision so that the reference in section 114(5) of the Act to an MLDT is to be ignored until section 85 of the Act comes into force for all purposes.

The Bill for the Act received Royal Assent on 22nd April 2016. Sections 125 to 127, 130 and 131 came into force on 23rd April 2016.

Footnotes

[^f00001]: 2016 asp 18.

[^f00002]: 2003 asp 11; section 45A is inserted by section 113(2) of the Land Reform (Scotland) Act 2016. Section 113(2) is commenced by these Regulations.