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Agricultural Holdings (Scotland) Act 1991

Type Public General Act

Publication 1991-07-25

Last updated 2021-02-28

State In force

Department Statute Law Database

Source legislation.gov.uk

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(3) A claim for compensation by a landlord or tenant of an agricultural holding in a case for which this Act does not provide for compensation shall not be enforceable except under an agreement in writing.

Part VI — Additional Payments

Additional payments to tenants quitting holdings

54

(1) Where compensation for disturbance in respect of an agricultural holding or part of such a holding becomes payable—

(a) to a tenant, under this Act; or

(b) to a statutory small tenant, under section 13 of the 1931 Act;

subject to this Part of this Act, there shall be payable by the landlord to the tenant, in addition to the compensation, a sum to assist in the reorganisation of the tenant’s affairs of the amount referred to in subsection (2) below.

(2) The sum payable under subsection (1) above shall be equal to 4 times the annual rent of the holding or, in the case of part of a holding, 4 times the appropriate portion of that rent, at the rate at which the rent was payable immediately before the termination of the tenancy.

Provisions supplementary to s. 54

55

(1) Subject to subsection (2) below no sum shall be payable under section 54 of this Act in consequence of the termination of the tenancy of an agricultural holding or part of such a holding by virtue of a notice to quit where—

(a) the notice contains a statement that the carrying out of the purpose for which the landlord proposes to terminate the tenancy is desirable on any grounds referrred to in section 24(1)(a) to (c) of this Act and, if an application for consent in respect of the notice is made to the Land Court in pursuance of section 22(1) of this Act, the Court consent to its operation and state in the reasons for their decision that they are satisfied that termination of the tenancy is desirable on that ground;

(b) the notice contains a statement that the landlord will suffer hardship unless the notice has effect and, if an application for consent in respect of the notice is made to the Land Court in pursuance of section 22(1) of this Act, the Court consent to its operation and state in the reasons for their decision that they are satisfied that greater hardship would be caused by withholding consent than by giving it;

(d) section 22(1) of this Act does not apply to the notice by virtue of section 29(4) of the Agriculture Act 1967 (which relates to notices to quit given by the Secretary of State or a Rural Development Board with a view to boundary adjustments or an amalgamation).

(2) Subsection (1) above shall not apply in relation to a notice to quit where—

(a) the reasons given by the Land Court for their decision to consent to the operation of the notice include the reason that they are satisfied as to the matter referred to in section 24(1)(e) of this Act; or

(b) the reasons so given include the reason that the Court are satisfied as to the matter referred to in section 24(1)(b) of this Act ...; but the Court state in their decision that they would have been satisfied also as to the matter referred to in section 24(1)(e) of this Act if it had been specified in the application for consent.

(3) In assessing the compensation payable to the tenant of an agricultural holding in consequence of the compulsory acquisition of his interest in the holding or part of it or the compulsory taking of possession of the holding or part of it, no account shall be taken of any benefit which might accrue to the tenant by virtue of section 54 of this Act.

(4) Any sum payable in pursuance of section 54 of this Act shall be so payable notwithstanding any agreement to the contrary.

(5) The following provisions of this Act shall apply to sums claimed or payable in pursuance of section 54 of this Act as they apply to compensation claimed or payable under section 43 of this Act—

sections 43(6);

section 50;

section 74;

(6) No sum shall be payable in pursuance of section 54 of this Act in consequence of the termination of the tenancy of an agricultural holding or part of such a holding under section 12B where—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) the landlord is terminating the tenancy for the purpose of using the land for agriculture only; and

(c) the counter-notice under section 12B(2) contains a statement that the tenancy is being terminated for the said purpose.

(7) If any question arises between the landlord and the tenant as to the purpose for which a tenancy is being terminated, it shall be determined by the Land Court.

(8) In this section—

(a) references to section 54 of this Act do not include references to it as applied by section 56 of this Act; and

(b) for the purposes of subsection (1)(a) above, the reference in section 24(1)(c) of this Act to the purposes of the enactments relating to allotments shall be ignored.

Additional payments in consequence of compulsory acquisition etc. of agricultural holdings

56

(1) This section applies where, in pursuance of any enactment providing for the acquisition or taking of possession of land compulsorily, any person (referred to in this section and in sections 57 and 58 of and Schedule 8 to this Act as “an acquiring authority”) acquires the interest of the tenant in, or takes possession of, an agricultural holding or any part of an agricultural holding or the holding of a statutory small tenant.

(2) Subject to subsection (3) below and sections 57 and 58 of this Act, where this section applies section 54 of this Act shall apply as if the acquiring authority were the landlord of the holding and compensation for disturbance in respect of the holding or part in question had become payable to the tenant on the date of the acquisition or taking of possession.

(3) No compensation shall be payable by virtue of this section in respect of an agricultural holding held under a tenancy for a term of 2 years or more unless the amount of such compensation is less than the aggregate of the amounts which would have been payable by virtue of this section if the tenancy had been from year to year: and in such a case the amount of compensation payable by virtue of this section shall (subject to section 57(4) of this Act) be equal to the difference.

Provisions supplementary to s. 56

57

(1) For the purposes of section 56 of this Act, a tenant of an agricultural holding shall be deemed not to be a tenant of it in so far as, immediately before the acquiring of the interest or taking of possession referred to in that section, he was neither in possession, nor entitled to take possession, of any land comprised in the holding: and in determining, for those purposes, whether a tenant was so entitled, any lease relating to the land of a kind referred to in section 2(1) of this Act which has not taken effect as a lease of the land from year to year shall be ignored.

(2) Section 56(1) of this Act shall not apply—

(a) where the acquiring authority require the land comprised in the holding or part in question for the purposes of agricultural research or experiment or of demonstrating agricultural methods or for the purposes of the enactments relating to small holdings;

(b) where the Secretary of State acquires the land under section 57(1)(c) or 64 of the Agricultural (Scotland) Act 1948.

(3) Where an acquiring authority exercise, in relation to any land, power to acquire or take possession of land compulsorily which is conferred on the authority by virtue of section 189 of the Town and Country Planning (Scotland) Act 1997 or section 7 of the New Towns (Scotland) Act 1968, the authority shall be deemed for the purposes of subsection (2) above not to require the land for any of the purposes mentioned in that subsection.

(4) Schedule 8 to this Act shall have effect in relation to payments under section 56 of this Act.

Effect of early resumption clauses on compensation

58

(1) Where—

(a) the landlord of an agricultural holding resumes land under a provision in the lease entitling him to resume land for building, planting, feuing or other purposes (not being agricultural purposes); or

(b) the landlord of the holding of a statutory small tenant resumes the holding or part thereof on being authorised to do so by the Land Court under section 32(15) of the 1911 Act; and

(c) in either case, the tenant has not elected that section 55(2) of the Land Compensation (Scotland) Act 1973 (right to opt for notice of entry compensation) should apply to the notice;

compensation shall be payable by the landlord to the tenant (in addition to any other compensation so payable apart from this subsection) in respect of the land.

(2) The amount of compensation payable under subsection (1) above shall be equal to the value of the additional benefit (if any) which would have accrued to the tenant if the land had, instead of being resumed at the date of resumption, been resumed at the expiry of 12 months from the end of the current year of the tenancy.

(3) Section 55(4) and (5) of this Act shall apply to compensation claimed or payable under subsection (1) above with the substitution for references to section 54 of this Act of references to this section.

(4) In the assessment of the compensation payable by an acquiring authority to a statutory small tenant in the circumstances referred to in section 56(1) of this Act, any authorisation of resumption of the holding or part thereof by the Land Court under section 32(15) of the 1911 Act for any purpose (not being an agricultural purpose) specified therein shall—

(a) in the case of an acquisition, be treated as if it became operative only on the expiry of 12 months from the end of the year of the tenancy current when notice to treat in respect of the acquisition was served or treated as served on the tenant; and

(b) in the case of a taking of possession, be disregarded;

unless compensation assessed in accordance with paragraph (a) or (b) above would be less than would be payable but for this subsection.

(5) For the purposes of subsection (1) above, the current year of a tenancy for a term of 2 years or more is the year beginning with such day in the period of 12 months ending with a date 2 months before the resumption mentioned in that subsection as corresponds to the day on which the term would expire by the effluxion of time.

Interpretation etc. of Part VI

59

In sections 54 to 58 of and Schedule 8 to this Act—

“acquiring authority” has the meaning assigned to it by section 56(1) of this Act;

“statutory small tenant” and “holding” in relation to a statutory small tenant have the meanings given in section 32(1) of the 1911 Act; and

references to the acquisition of any property are references to the vesting of the property in the person acquiring it.

Part VII — Arbitration and Other Proceedings

Questions between landlord and tenant

60

(1) The Land Court shall have jurisdiction to hear and determine any of the matters referred to in subsection (2) below.

(2) Those matters are—

(a) whether a tenancy of an agricultural holding in relation to which this Act applies exists or has been terminated;

(b) any question or difference between the landlord and tenant of such a holding arising out of the tenancy or in connection with the holding, whether such question or difference arises during the currency of or on or after the termination of the tenancy;

(c) any claim by the landlord or tenant of such a holding against the other which arises, under this Act or under any rule of law, custom or agreement, on or out of the termination of the tenancy (or part thereof);

(d) any other issue of fact or law relating to—

(i) a tenancy of such a holding or any other type of agricultural tenancy; or

(ii) agriculture,

which the landlord or tenant reasonably require to have resolved.

(3) Such matters include, in particular (and without prejudice to the generality of subsection (2) above), any question or difference between the landlord and tenant arising in relation to Part 2 of the Agricultural Holdings (Scotland) Act 2003 (asp 11) except any question or difference of fact relating to the determination of the price payable by the tenant for the purposes of that Part of that Act.

(4) Such matters do not include any question as to—

(a) who is entitled to succeed to the estate of a deceased person on intestacy by virtue of the Succession (Scotland) Act 1964 (c. 41);

(b) the validity of—

(i) any bequest; or

(ii) any transfer,

of an interest under the lease; or

(5) The Land Court shall also have jurisdiction to hear and determine any question or difference, between the tenant and any person with whom he has in pursuance of section 10A(1) of this Act entered into a contract assigning his interest under the lease, which arises out of or in connection with the assignation.

(6) Any application to the Land Court for a matter to be determined by the Court under this Act may be made by either party or by them jointly.

(7) In the application of this section to any question or difference arising in relation to Part 2 of the Agricultural Holdings (Scotland) Act 2003 (asp 11), “landlord” shall be construed as including a creditor in a standard security with a right to sell land (that expression being construed by reference to that Part of that Act) which comprises or forms part of an agricultural holding.

(8) Any reference in this section to a landlord or tenant of an agricultural holding shall be construed as including a person who was formerly the landlord or tenant thereof.

(9) Any other provision of an enactment which provides for the determination of a matter by the Land Court is without prejudice to this section.

Arbitrations

61

(1) Subject to subsection (2) below, where this Act or section 116 of the Land Reform (Scotland) Act 2016 makes provision for any matter to be determined by the Land Court, the matter may, if the landlord and tenant so agree at or after the time when the matter arises, instead of being so determined, be determined by arbitration.

(2) Subsection (1) above does not apply in relation to any matter which may be determined by the Land Court—

(a) in pursuance of section ... 11, 12, 22, 26, 32, ... 41(1), 55(7) or 66(2) or (2A) of this Act; or

(b) on appeal.

(3) In this Act, other than in section 61A, “arbitration” includes any other method of resolving the matter; and “arbiter” shall be construed accordingly.

Claims on termination of tenancy

62

(1) This section applies to any claim referred to in section 60(2)(c) of this Act.

(2) Without prejudice to any other provision of this Act, no claim to which this section applies shall be enforceable unless before the expiry of 2 months after the termination of the tenancy the claimant has given notice in writing to his landlord or his tenant, as the case may be, of his intention to make the claim.

(3) A notice under subsection (2) above shall specify the nature of the claim, and it shall be a sufficient specification thereof if the notice refers to the statutory provision, custom, or term of an agreement under which the claim is made.

(4) The landlord and the tenant may within 4 months after the termination of the tenancy by agreement in writing settle any such claim and the Secretary of State may upon the application of the landlord or the tenant made within that period extend the said period by 2 months and, on a second such application made during these 2 months, by a further 2 months.

(5) Where before the expiry of the period referred to in subsection (4) above and any extension thereof under that subsection any such claim has not been settled, the claim shall cease to be enforceable unless before the expiry of one month after the end of the said period and any such extension, or such longer time as the Secretary of State may in special circumstances allow

(a) an application has been made to the Land Court; or

(b) an arbiter has been appointed or any application has been made for the appointment of an arbiter,.

to determine the claim

(6) Where a tenant lawfully remains in occupation of part of an agricultural holding after the termination of a tenancy, references in subsections (2) and (4) above to the termination of the tenancy thereof shall be construed as references to the termination of the occupation.

Panel of arbiters, and remuneration of arbiter

63

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Appointment of arbiter in cases where Secretary of State is a party

64

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Recovery of compensation and other sums due

65

Any award or agreement under this Act as to compensation, expenses or otherwise may, if any sum payable thereunder is not paid within one month after the date on which it becomes payable, be recorded for execution in the Books of Council and Session or in the sheriff court books, and shall be enforceable in like manner as a recorded decree arbitral.

Power to enable demand to remedy a breach to be modified on arbitration

66

(1) Where a question or difference required by section 60 of this Act to be determined by the Land Court relates to a demand in writing served on a tenant by a landlord requiring the tenant to remedy a breach of any term or condition of his tenancy by the doing of any work of provision, repair, maintenance or replacement of fixed equipment, the Land Court may

(a) in relation to all or any of the items specified in the demand, whether or not any period is specified as the period within which the breach should be remedied, specify such period for that purpose as appears in all the circumstances to the Land Court to be reasonable;

(b) delete from the demand any item or part of an item which, having due regard to the interests of good husbandry as respects the holding and of sound management of the estate of which the holding forms part or which the holding constitutes, the Land Court is satisfied is unnecessary or unjustified;

(c) substitute, in the case of any item or part of an item specified in the demand, a different method or material for the method or material which the demand would otherwise require to be followed or used where, having regard to the purpose which that item or part is intended to achieve, the Land Court is satisfied that—

(i) the latter method or material would involve undue difficulty or expense,

(ii) the first-mentioned method or material would be substantially as effective for the purpose, and

(iii) in all the circumstances the substitution is justified.

(2) Where under subsection (1)(a) above the Land Court specifies a period within which a breach should be remedied or the period for remedying a breach is extended by virtue of subsection (4) below, the Land Court may, on the application of ... the landlord, specify a date for the termination of the tenancy by notice to quit in the event of the tenant’s failure to remedy the breach within that period, being a date not earlier than whichever of the two following dates is the later, that is to say—

(a) the date on which the tenancy could have been terminated by notice to quit served on the expiry of the period originally specified in the demand, or if no such period is so specified, on the date of the giving of the demand, or

(b) 6 months after the expiry of the period specified ... or, as the case may be, of the extended period.

(2A) Where, by virtue of section 61(1) of this Act, an arbiter specifies under subsection (1)(a) above a period within which a breach should be remedied or the period for remedying a breach is extended by virtue of subsection (4) below, the Land Court may, on the application of the arbiter or the landlord, specify a date for the termination of the tenancy by notice to quit in the event of the tenant’s failure to remedy the breach within that period, being a date not earlier than whichever of the two dates referred to in subsection (2) above is the later.

(3) A notice to quit on a date specified in accordance with subsection (2)or (2A) above shall be served on the tenant within one month after the expiry of the period specified by the Land Court or the extended time, and shall be valid notwithstanding that it is served less than 12 months before the date on which the tenancy is to be terminated or that that date is not the end of a year of the tenancy.

(4) Where—

(a) notice to quit to which 22(2)(d) of this Act applies is stated to be given by reason of the tenant’s failure to remedy within the period specified in the demand a breach of any term or condition of his tenancy by the doing of any work of provision, repair, maintenance or replacement of fixed equipment, or within that period as extended by the landlord or the Land Court; and

(b) it appears to the Land Court in a determination required under section 23(2) of this Act that, notwithstanding that the period originally specified or extended was reasonable, it would, in consequence of any happening before the expiry of that period, have been unreasonable to require the tenant to remedy the breach within that period;

the Land Court may treat the period as having been extended or further extended and make its determination as if the period had not expired; and where the breach has not been remedied at the date of the determination, the Land Court may extend the period as it considers reasonable, having regard to the length of period which has elapsed since the service of the demand.

Prohibition of appeal to sheriff principal

67

Where jurisdiction is conferred by this Act on the sheriff, there shall be no appeal to the sheriff principal.

Sheep stock valuation

68

(1) This section and sections 71 and 72 of this Act shall apply where, under a lease of an agricultural holding, the tenant is required at the termination of the tenancy to leave the stock of sheep on the holding to be taken over by the landlord or by the incoming tenant at a price or valuation to be fixed by any method, referred to in this section ... as a “sheep stock valuation”.

(1A) Where this section applies, the sheep stock valuation shall be determined by the Land Court in the manner provided for by virtue of this section.

(2) In a sheep stock valuation where the lease was entered into before or on 6th November 1946, the Land Court shall in its determination show the basis of valuation of each class of stock and state separately any amounts included in respect of acclimatisation or hefting or of any other consideration or factor for which it has made special allowance.

(3) In a sheep stock valuation where the lease was entered into after 6th November 1946, the Land Court shall fix the value of the sheep stock in accordance—

(a) in the case of a valuation made in respect of a tenancy terminating at Whitsunday in any year, with Part I of Schedule 9 to this Act if the lease was entered into before 1st December 1986, otherwise with Part I of Schedule 10 to this Act; or

(b) in the case of a valuation made in respect of a tenancy terminating at Martinmas in any year, with the provisions of Part II of Schedule 9 to this Act, if the lease was entered into before 1st December 1986, otherwise with Part II of Schedule 10 to this Act,

and subsection (2) above shall apply in such a case as if for the words from “show the basis” to the end of the subsection there were substituted the words “ state separately the particulars set forth in Part III of Schedule 9 (or, as the case may be, Schedule 10) to this Act ”.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) The Secretary of State may, by order made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament, vary the provisions of Schedule 10 to this Act, in relation to sheep stock valuations under leases entered into on or after the date of commencement of the order.

Submission of questions of law for decision of sheriff

69

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Determination by Land Court of questions as to value of sheep stock

70

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Statement of sales of stock

71

(1) Where any question as to the value of any sheep stock has been submitted for determination to the Land Court or, by virtue of section 61(1) of this Act, to an arbiter, the outgoing tenant shall, not less than 28 days before the determination of the question, submit to the Court or to the arbiter, as the case may be—

(a) a statement of the sales of sheep from such stock—

(i) in the case of a valuation made in respect of a tenancy terminating at Whitsunday during the preceding three years; or

(ii) in the case of a valuation made in respect of a tenancy terminating at Martinmas during the current year and in each of the two preceding years; and

(b) such sale-notes and other evidence as may be required by the Court or the arbiter to vouch the accuracy of such statement.

(2) Any document submitted by the outgoing tenant in pursuance of this section shall be open to inspection by the other party to the valuation proceedings.

Interpretation of sections 68 to 71

72

In sections 68 to 71 of this Act—

(a) “agricultural holding” means a piece of land held by a tenant which is wholly or in part pastoral, and which is not let to the tenant during and in connection with his continuance in any office, appointment, or employment held under the landlord;

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part VIII — Miscellaneous

Power of Secretary of State to vary Schedules 5 and 6

73

(1) The Secretary of State may, after consultation with persons appearing to him to represent the interests of landlords and tenants of agricultural holdings, by order vary the provisions of Schedules 5 and 6 to this Act.

(2) An order under this section may make such provision as to the operation of this Act in relation to tenancies current when the order takes effect as appears to the Secretary of State to be just having regard to the variation of the said Schedules effected by the order.

(3) Nothing in any order made under this section shall affect the right of a tenant 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, he would have been entitled.

(4) Orders under this section shall be made by statutory instrument which shall be of no effect unless approved by resolution of each House of Parliament.

Power of limited owners to give consents, etc.

74

The landlord of an agricultural holding, whatever may be his ... interest in the holding, may for the purposes of this Act give any consent, make any agreement, or do or have done to him any act which he might give or make or do or have done to him if he were the owner of the ... holding.

Power of tenant and landlord to obtain charge on holding

75

(1) Where any sum has become payable to the tenant of an agricultural holding in respect of compensation by the landlord and the landlord has failed to discharge his liability therefor within one month after the date on which the sum became payable, the Secretary of State may, on the application of the tenant and after giving not less than 14 days’ notice of his intention so to do to the landlord, create, where the landlord is the owner of the ... holding, a charge on the holding, or where the landlord is the lessee of the holding under a lease recorded or registered under the Registration of Leases (Scotland) Act 1857 a charge on the lease for the payment of the sum due.

(2) For the purpose of creating a charge of a kind referred to in subsection (1) above, the Secretary of State may make in favour of the tenant a charging order charging and burdening the holding or the lease, as the case may be, with an annuity to repay the sum due together with the expenses of obtaining the charging order and recording it in the General Register of Sasines or registering it in the Land Register of Scotland.

(3) Where the landlord of an agricultural holding, not being the owner of the ... holding, has paid to the tenant of the holding the amount due to him under this Act, or under custom or agreement, or otherwise, in respect of compensation for an improvement or in respect of compensation for disturbance, or has himself defrayed the cost of an improvement proposed to be executed by the tenant, the Secretary of State may, on the application of the landlord and after giving not less than 14 days notice to the ... owner of the holding, make in favour of the landlord a charging order charging and burdening the holding with an annuity to repay the amount of the compensation or of the cost of the improvement, as the case may be, together with the expenses of obtaining the charging order and recording it in the General Register of Sasines or registering it in the Land Register of Scotland.

(4) Section 65(2), (4) and (6) to (10) of the Water (Scotland) Act 1980 shall, with the following and any other necessary modifications, apply to any such charging order as is mentioned in subsection (2) or (3) above, that is to say—

(a) for any reference to an islands or district council there shall be substituted a reference to the Secretary of State;

(b) for any reference to the period of 30 years there shall be substituted—

(i) where subsection (1) above applies, a reference to such period (not exceeding 30 years) as the Secretary of State may determine;

(ii) in the case of a charging order made in respect of compensation for, or of the cost of, an improvement, a reference to the period within which the improvement will, in the opinion of the Secretary of State, have become exhausted;

(5) Where subsection (3) above applies, an annuity constituted a charge by a charging order recorded in the General Register of Sasines or registered in the Land Register of Scotland shall be a charge on the holding specified in the order and shall rank after all prior charges heritably secured thereon.

(6) The creation of a charge on a holding under this section shall not be deemed to be a contravention of any prohibition against charging or burdening contained in the deed or instrument under which the holding is held.

Power of land improvement companies to advance money

76

Any company incorporated by Parliament or formed and registered under the Companies Act 2006 and having power to advance money for the improvement of land, or for the cultivation and farming of land, may make an advance of money upon a charging order duly made and recorded or registered under this Act, on such terms and conditions as may be agreed upon between the company and the person entitled to the order.

Appointment of guardian to landlord or tenant

77

Where the landlord or the tenant of an agricultural holding is a pupil or a minor or is of unsound mind, not having a tutor, curator or other guardian, the sheriff, on the application of any person interested, may appoint to him, for the purposes of this Act, a tutor or a curator, and may recall the appointment and appoint another tutor or curator if and as occasion requires.

Validity of consents, etc.

78

It shall be no objection to any consent in writing or agreement in writing under this Act signed by the parties thereto or by any persons authorised by them that the consent or agreement has not been executed in accordance with the enactments regulating the execution of deeds in Scotland.

Part IX — Supplementary

Crown and Secretary of State

Application to Crown land

79

(1) This Act shall apply to land belonging to Her Majesty in right of the Crown, with such modifications as may be prescribed; and for the purposes of this Act the Crown Estate Commissioners or other proper officer or body having charge of the land for the time being, or if there is no such officer or body, such person as Her Majesty may appoint in writing under the Royal Sign Manual, shall represent Her Majesty and shall be deemed to be the landlord.

(1A) In subsection (1), “proper officer of body” includes a person who manages any land to which section 90B(5) of the Scotland Act 1998 applies.

(2) This Act shall apply to land notwithstanding that the interest of the landlord or the tenant thereof belongs to a government department or is held on behalf of Her Majesty for the purposes of any government department with such modifications as may be prescribed.

Determination of matters where Secretary of State is landlord or tenant

80

(1) This section applies where the Secretary of State is the landlord or the tenant of an agricultural holding.

(2) Where this section applies, any provision of this Act (except section 8)—

(a) under which any matter relating to the holding is referred to the decision of the Secretary of State;...

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

shall have effect with the substitution for every reference to “the Secretary of State” of a reference to “ the Land Court ”, and any provision referred to in paragraph (a) above which provides for an appeal to an arbiter from the decision of the Secretary of State shall not apply.

(3) Where this section applies, section 8 of this Act shall have effect—

(a) with the substitution for “Scottish Ministers” in subsection (3) of “sheriff”;

(b) as if subsection (3A) were omitted.

Expenses and receipts

81

(1) All expenses incurred by the Secretary of State under this Act shall be paid out of moneys provided by Parliament.

(2) All sums received by the Secretary of State under this Act shall be paid into the Consolidated Fund.

Powers of entry and inspection

82

(1) Any person authorised by the Secretary of State in that behalf shall have power at all reasonable times to enter on and inspect any land for the purpose of determining whether, and if so in what manner, any of the powers conferred on the Secretary of State by this Act are to be exercised in relation to the land, or whether, and if so in what manner, any direction given under any such power has been complied with.

(2) Any person authorised by the Secretary of State who proposes to exercise any power of entry or inspection conferred by this Act shall, if so required, produce some duly authenticated document showing his authority to exercise the power.

(3) Admission to any land used for residential purposes shall not be demanded as of right in the exercise of any such power unless 24 hours notice of the intended entry has been given to the occupier of the land.

(4) Save as provided by subsection (3) above, admission to any land shall not be demanded as of right in the exercise of any such power unless notice has been given to the occupier of the land that it is proposed to enter during a period, specified in the notice, not exceeding 14 days and beginning at least 24 hours after the giving of the notice and the entry is made on the land during the period specified in the notice.

(5) Any person who obstructs a person authorised by the Secretary of State exercising any such power shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.

Land Court

Proceedings of the Land Court

83

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Service of notices

Service of notices, etc.

84

(1) Any notice or other document required or authorised by or under this Act to be given to or served on any person shall be duly given or served if it is delivered to him, or left at his proper address, or sent to him by registered post or recorded delivery.

(2) Any such document required or authorised to be given to or served on an incorporated company or body shall be duly given or served if it is delivered to or sent by registered post or recorded delivery to the registered office of the company or body.

(3) For the purposes of this section and of section 7 of the Interpretation Act 1978, the proper address of any person to or on whom any such document as aforesaid is to be given or served shall, in the case of the secretary or clerk of any incorporated company or body, be that of the registered or principal office of the company or body, and in any other case be the last known address of the person in question.

(4) Unless or until the tenant of an agricultural holding shall have received notice that the person previously entitled to receive the rents and profits of the holding (hereinafter referred to as “the original landlord”) has ceased to be so entitled, and also notice of the name and address of the person who has become so entitled, any notice or other document served on or delivered to the original landlord by the tenant shall be deemed to have been served on or delivered to the landlord of the holding.

Interpretation

85

(1) In this Act, unless the context otherwise requires—

“the 1911 Act” means the Small Landholders (Scotland) Act 1911;

“the 1949 Act” means the Agricultural Holdings (Scotland) Act 1949;

“agricultural holding” (except in sections 68 to 72 of this Act) and “agricultural land” have the meanings assigned to them by section 1 of this Act;

“agricultural unit” means land which is an agricultural unit for the purposes of the Agriculture (Scotland) Act 1948;

“agriculture” includes horticulture, fruit growing; seed growing; dairy farming; livestock breeding and keeping; the use of land as grazing land, meadow land, osier land, market gardens and nursery grounds; and the use of land for woodlands where that use is ancillary to the farming of land for other agricultural purposes: and “agricultural” shall be construed accordingly;

“building” includes any part of a building;

“enactment” includes an Act of the Scottish Parliament or an instrument made under an Act of the Scottish Parliament;

“fixed equipment” includes any building or structure affixed to land and any works on, in, over or under land, and also includes anything grown on land for a purpose other than use after severance from the land, consumption of the thing grown or of produce thereof, or amenity, and, without prejudice to the foregoing generality, includes the following things, that is to say—all permanent buildings, including farm houses and farm cottages, necessary for the proper conduct of the agricultural holding;all permanent fences, including hedges, stone dykes, gate posts and gates;all ditches, open drains and tile drains, conduits and culverts, ponds, sluices, flood banks and main water courses;stells, fanks, folds, dippers, pens and bughts necessary for the proper conduct of the holding;farm access or service roads, bridges and fords;water and sewerage systems;electrical installations including generating plant, fixed motors, wiring systems, switches and plug sockets;shelter belts,and references to fixed equipment on land shall be construed accordingly;

“improvement” shall be construed in accordance with section 33 of this Act, and “new improvement”, “old improvement”, “1923 Act improvement” and “1931 Act improvement” have the meanings there assigned to them;

“Land Court” means the Scottish Land Court;

“Lands Tribunal” means the Lands Tribunal for Scotland;

“landlord” means any person for the time being entitled to receive the rents and profits or to take possession of an agricultural holding, and includes the executor, assignee, legatee, disponee, guardian, curator bonis or tutor of a landlord or the trustee or interim trustee in the sequestration of a landlord's estate;

“lease” means a letting of land for a term of years, or for lives, or for lives and years, or from year to year;

“livestock” includes any creature kept for the production of food, wool, skins or fur, or for the purpose of its use in the farming of land;

“market garden” means a holding, cultivated, wholly or mainly, for the purpose of the trade or business of market gardening;

“prescribed” means prescribed by the Secretary of State by regulations made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament;

“produce” includes anything (whether live or dead) produced in the course of agriculture;

“tenant” means the holder of land under a lease of an agricultural holding and includes the executor, assignee, legatee, disponee, guardian, tutor or curator bonis of a tenant or the trustee or interim trustee in the sequestration of a tenant's estate;

“termination”, in relation to a tenancy, means the termination of the lease by reason of effluxion of time or from any other cause;

(2) Schedules 5 and 6 to the Agriculture (Scotland) Act 1948, (which have effect respectively for the purpose of determining for the purposes of that Act whether the owner of agricultural land is fulfilling his responsibilities to manage it in accordance with the rules of good estate management and whether the occupier of such land is fulfilling his responsibilities to farm it in accordance with the rules of good husbandry) shall , subject to subsections (2A) and (2B) below, have effect for the purposes of this Act as they have effect for the purposes of that Act.

(2A) For the purposes of this Act, 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 may be prescribed.

(2B) For the purposes of this Act, such use of the land or part of the land, or such change to the land, for a purpose that is not an agricultural purpose as has been permitted under section 40 or 41 of the Agricultural Holdings (Scotland) Act 2003 (asp 11) is to be treated as being in accordance with the rules of good husbandry.

(3) References in this Act to the farming of land include references to the carrying on in relation to the land of any agricultural activity.

(4) References to the terms, conditions, or requirements of a lease of or of an agreement relating to, an agricultural holding shall be construed as including references to any obligations, conditions or liabilities implied by the custom of the country in respect of the holding.

(5) Anything which by or under this Act is required or authorised to be done by, to or in respect of the landlord or the tenant of an agricultural holding may be done by, to or in respect of any agent of the landlord or of the tenant.

Construction of references in other Acts to holdings as defined by earlier Acts

86

References, in whatever terms, in any enactment, other than an enactment contained in—

Savings

87

Schedule 12 to this Act, which exempts from the operation of this Act certain cases current at the commencement of this Act and contains other transitional provisions and savings shall have effect.

Consequential amendments and repeals

88

(1) The enactments specified in Schedule 11 to this Act shall be amended in accordance with that Schedule.

(2) The enactments specified in Schedule 13 to this Act are repealed to the extent there specified.

Citation, commencement and extent

89

(1) This Act may be cited as the Agricultural Holdings (Scotland) Act 1991.

(2) This Act shall come into force at the end of the period of 2 months beginning with the date on which it is passed.

(3) This Act shall extend to Scotland only, except for those provisions in Schedule 11 which amend enactments which extend to England and Wales or to Northern Ireland.

SCHEDULE 1

1

The names of the parties.

2

Particulars of the holding with sufficient description, by reference to a map or plan, of the fields and other parcels of land comprised therein to identify the extent of the holding.

3

The term or terms for which the holding or different parts thereof is or are agreed to be let.

4

The rent and the dates on which it is payable.

5

An undertaking by the landlord in the event of damage by fire to any building comprised in the holding to reinstate or replace the building if its reinstatement or replacement is required for the fulfilment of his responsibilities to manage the holding in accordance with the rules of good estate management, and (except where the interest of the landlord is held for the purposes of a government department or a person representing Her Majesty under section 79 of this Act is deemed to be the landlord, or where the landlord has made provision approved by the Secretary of State for defraying the cost of any such reinstatement or replacement) an undertaking by the landlord to insure to their full value all such buildings against damage by fire.

6

An undertaking by the tenant, in the event of the destruction by fire of harvested crops grown on the holding for consumption thereon, to return to the holding the full equivalent manurial value of the crops destroyed, in so far as the return thereof is required for the fulfilment of his responsibilities to farm in accordance with the rules of good husbandry, and (except where the interest of the tenant is held for the purposes of a government department or where the tenant has made provision approved by the Secretary of State in lieu of such insurance) an undertaking by the tenant to insure to their full value all dead stock on the holding and all such harvested crops against damage by fire.

SCHEDULE 2

Case 1

The tenant has neither sufficient training in agriculture nor sufficient experience in the farming of land to enable him to farm the holding with reasonable efficiency.

Case 2

Case 3

The tenant is the occupier (either as owner or tenant) of agricultural land which—

and the notice specifies the agricultural land.

Case 4

The tenant does not have sufficient financial resources to enable him to farm the holding with reasonable efficiency.

Case 5

The tenant has neither sufficient training in agriculture nor sufficient experience in the farming of land to enable him to farm the holding with reasonable efficiency:

Provided that this Case shall not apply where the tenant has been engaged, throughout the period from the date of death of the person from whom he acquired right to the lease, in a course of relevant training in agriculture which he is expected to complete satisfactorily within 4 years from the said date, and has made arrangements to secure that the holding will be farmed with reasonable efficiency until he completes that course.

Case 6

Case 7

The tenant is the occupier (either as owner or tenant) of agricultural land which—

and the notice specifies the land.

Part III — Supplementary

1

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2

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3

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SCHEDULE 3

Part I — Improvements For Which Consents Required

1

Erection, alteration, or enlargement of buildings.

2

Formation of silos.

3

Laying down of permanent pasture.

4

Making and planting of osier beds.

5

Making of water meadows or works of irrigation.

6

Making of gardens.

7

Making or improvement of roads or bridges.

8

Making or improvement of watercourses, ponds, wells, or reservoirs, or of works for the application of water power or for supply of water for agricultural or domestic purposes.

9

Making or removal of permanent fences.

10

Planting of hops.

11

Planting of orchards or fruit bushes.

12

Protecting young fruit trees.

13

Reclaiming of waste land.

14

Warping or weiring of land.

15

Embankments and sluices against floods.

16

Erection of wirework in hop gardens.

17

Provision of permanent sheep dipping accommodation.

18

In the case of arable land, the removal of bracken, gorse, tree roots, boulders, or other like obstructions to cultivation.

Part II — Improvements For Which Notice Required

19

Drainage.

Part III — Improvements For Which No Consents Or Notice Required

20

Chalking of land.

21

Clay-burning.

22

Claying of land or spreading blaes upon land.

23

Liming of land.

24

Marling of land.

25

Application to land of purchased artificial or other manure.

26

Consumption on the holding by cattle, sheep, or pigs, or by horses other than those regularly employed on the holding, of corn, cake, or other feeding stuff not produced on the holding.

27

Consumption on the holding by cattle, sheep, or pigs, or by horses other than those regularly employed on the holding, of corn proved by satisfactory evidence to have been produced and consumed on the holding.

28

Laying down temporary pasture with clover, grass, lucerne, sainfoin, or other seeds, sown more than 2 years prior to the termination of the tenancy, in so far as the value of the temporary pasture on the holding at the time of quitting exceeds the value of the temporary pasture on the holding at the commencement of the tenancy for which the tenant did not pay compensation.

29

Repairs to buildings, being buildings necessary for the proper cultivation or working of the holding, other than repairs which the tenant is himself under an obligation to execute.

SCHEDULE 4

1

Erection, alteration, or enlargement of buildings.

2

Laying down of permanent pasture.

3

Making and planting of osier beds.

4

Making of water meadows or works of irrigation.

5

Making of gardens.

6

Planting of orchards or fruit bushes.

7

Protecting young fruit trees.

8

Warping or weiring of land.

9

Making of embankments and sluices against floods.

Part II — Improvements Of Which Notice Required

10

Drainage.

11

Formation of silos.

12

Making or improvement of roads or bridges.

13

Making or improvement of watercourses, ponds or wells, or of works for the application of water power or for the supply of water for agricultural or domestic purposes.

14

Making or removal of permanent fences.

15

Reclaiming of waste land.

16

Repairing or renewal of embankments and sluices against floods.

17

Provision of sheep dipping accommodation.

18

Provision of electrical equipment other than moveable fittings and appliances.

19

Chalking of land.

20

Clay-burning.

21

Claying of land or spreading blaes upon land.

22

Liming of land.

23

Marling of land.

24

Eradication of bracken, whins, or gorse growing on the holding at the commencement of a tenancy and in the case of arable land the removal of tree roots, boulders, stones or other like obstacles to cultivation.

25

Application to land of purchased artificial or other manure.

26

Consumption on the holding by cattle, sheep, or pigs, or by horses other than those regularly employed on the holding, of corn, cake, or other feeding stuff not produced on the holding.

27

28

29

Repairs to buildings, being buildings necessary for the proper cultivation or working of the holding, other than repairs which the tenant is himself under an obligation to execute.

SCHEDULE 5

1

Laying down of permanent pasture.

2

Making of water-meadows or works of irrigation.

3

Making of gardens.

4

Planting of orchards or fruit bushes.

5

Warping or weiring of land.

6

Making of embankments and sluices against floods.

7

Making or planting of osier beds.

8

Haulage or other work done by the tenant in aid of the carrying out of any improvement made by the landlord for which the tenant is liable to pay increased rent.

Part II — Improvements For Which Notice Is Required

9

Land drainage.

10

Construction of silos.

11

Making or improvement of farm access or service roads, bridges and fords.

12

Making or improvement of watercourses, ponds or wells, or of works for the application of water power for agricultural or domestic purposes or for the supply of water for such purposes.

13

Making or removal of permanent fences, including hedges, stone dykes and gates.

14

Reclaiming of waste land.

15

Renewal of embankments and sluices against floods.

16

Provision of stells, fanks, folds, dippers, pens and bughts necessary for the proper conduct of the holding.

17

Installation, provision, distribution or storage of electricity, gas, power, heat orlight.

18

Erection, alteration or enlargement of buildings, making or improvement of permanent yards, loading banks and stocks ...

19

Erection of hay or sheaf sheds, sheaf or grain drying racks, and implement sheds.

20

Provision of fixed threshing mills, barn machinery and fixed dairying plant.

21

Improvement of permanent pasture by cultivation and re-seeding.

22

Provision of means of sewage, waste or pollutant disposal, or provision of means of managing water on land.

23

Repairs to fixed equipment, being equipment reasonably required for the efficient farming of the holding, other than repairs which the tenant is under an obligation to carry out.

24

Protecting fruit trees against animals.

25

Clay burning.

26

Claying of land.

27

Liming (including chalking) of land.

28

Marling of land.

29

Eradication of bracken, whins or broom growing on the holding at the commencement of the tenancy.

30

Application to land of soil improvers, conditioners, digestates, manure or fertiliser, whether organic or inorganic.

31

Consumption on the holding of corn (whether produced on the holding or not) or of cake or other feeding stuff not produced on the holding by horses, cattle, sheep, pigs or poultry.

32

SCHEDULE 6

1

Planting of fruit trees or bushes permanently set out.

2

Planting of strawberry plants.

3

Planting of asparagus, rhubarb, and other vegetable crops which continue productive for 2 or more years.

4

Erection, alteration or enlargement of buildings for the purpose of the trade or business of a market gardener.

SCHEDULE 7

Appointment of Arbiters

1

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2

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3

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4

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Particulars of Claim

5

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Evidence

6

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7

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Award

8

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9

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10

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11

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12

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13

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14

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15

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16

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Expenses

17

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18

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19

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Statement of Case

20

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21

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22

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Removal of Arbiter and Setting Aside of Award

23

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24

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Forms

25

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SCHEDULE 8

1

Subject to paragraph 4 of this Schedule, any dispute with respect to any sum which may be or become payable by virtue of section 56(1) of this Act shall be referred to and determined by the Lands Tribunal for Scotland.

2

If in any case the sum to be paid by virtue of the said section 56(1) to the tenant of an agricultural holding or to a statutory small tenant by an acquiring authority would, apart from this paragraph and paragraph 3 of this Schedule, fall to be ascertained in pursuance of section 54(2) of this Act by reference to the rent of the holding at a rate which was not—

(a) determined by the Land Court under section 13 or 15 of this Act;

(b) determined by arbitration by virtue of section 61(1) of this Act; or

(c) in the case of a statutory small tenant, fixed by the Scottish Land Court in pursuance of section 32(7) and (8) of the 1911 Act;

and which the authority consider is unduly high, the authority may make an application to the Lands Tribunal for Scotland for the rent to be considered by the tribunal;

3

Where, on an application under paragraph 2 above, the tribunal are satisfied that—

(a) the rent to which the application relates is not substantially higher than the rent which in their opinion would be determined for the holding in question by the Land Court or on a reference to arbitration duly made in pursuance of—

(i) section 13 of this Act; or

(ii) in the case of a statutory small tenancy, the equitable rent which in their opinion would be fixed by the Land Court under section 32 (7) and (8) of the 1911 Act;

(hereafter in this paragraph referred to as “the appropriate rent”); or

(b) the rent to which the application relates is substantially higher than the appropriate rent but was not fixed by the parties to the relevant lease with a view to increasing the amount of any compensation payable, or of any sum to be paid by virtue of section 56(1) of this Act, in consequence of the compulsory acquisition or taking of possession of any land included in the holding,

they shall dismiss the application; and if the tribunal do not dismiss the application in pursuance of the foregoing provisions of this paragraph they shall determine that, in the case to which the application relates, the sum to be paid by virtue of section 56(1) of this Act shall be ascertained in pursuance of the said section 13 by reference to the appropriate rent instead of by reference to the rent to which the application relates.

4

For the purposes of paragraph 3(a) above, section 13(1) of this Act shall have effect as if for the reference therein to the next ensuing day there were substituted a reference to the date of the application referred to in paragraph 3(a) above.

5

The enactments mentioned in paragraph 6 of this Schedule shall, subject to any necessary modifications, have effect in their application to such an acquiring of an interest or taking of possession as is referred in section 56(1) of this Act (hereafter in this paragraph referred to as “the relevant event”)—

(a) in so far as those enactments make provision for the doing, before the relevant event, of any thing connected with compensation (including in particular provision for determining the amount of the liability to pay compensation or for the deposit of it in a Scottish bank or otherwise), as if references to compensation, except compensation for damage or injurious affection, included references to any sum which will become payable by virtue of section 56 of this Act in consequence of the relevant event; and

(b) subject to sub-paragraph (a) above, as if references to compensation (except compensation for damage or injurious affection) included references to sums payable or, as the context may require, to sums paid by virtue of section 56 of this Act in the consequence of the relevant event.

6

The enactments aforesaid are—

(a) sections 56 to 60, 62, 63 to 65, 67 to 70, 72, 74 to 79, 83 to 87, 114, 115 and 117 of the Lands Clauses (Scotland) Act 1845;

(b) paragraph 3 of Schedule 2 to the Acquisition of Land (Authorisation Procedure)(Scotland) Act 1947;

(d) paragraph 4 of Schedule 6 to the New Towns (Scotland) Act 1968;

(e) any provision in any local or private Act, in any instrument having effect by virtue of an enactment, or in any order or scheme confirmed by Parliament or brought into operation in accordance with special parliamentary procedure, corresponding to a provision mentioned in sub-paragraph (a), (b) or (d) above.

SCHEDULE 9

Part I — Valuation Made in Respect of a Tenancy Terminating at Whitsunday

1

The Land Court or, by virtue of section 61(1) of this Act, the arbiter (in Part I and Part II of this Schedule referred to as “the valuer”) shall ascertain the number of, and the prices realised for, the ewes and the lambs sold off the hill from the stock under valuation at the autumn sales in each of the 3 preceding years, and shall determine by inspection the number of shotts present in the stock at that time of the valuation.

2

The valuer shall calculate an average price per ewe, and an average price per lamb, for the ewes and lambs sold as aforesaid for each of the 3 preceding years. In calculating the average price for any year the valuer shall disregard such number of ewes and lambs so sold in that year, being the ewes or lambs sold at the lowest prices, as bears the same proportion to the total number of ewes or lambs so sold in that year as the number of shotts as determined bears to the total number of ewes or lambs in the stock under valuation.

3

The valuer shall then ascertain the mean of the average prices so calculated for the 3 preceding years for ewes and for lambs, respectively. The figures so ascertained or ascertained, in a case to which paragraph 4 below applies, in accordance with that paragraph, are in this Part of this Schedule referred to as the “3-year average price for ewes” and the “3-year average price for lambs”.

4

In the case of any sheep stock in which the number of ewes or the number of lambs sold off the hill at the autumn sales during the preceding 3 years has been less than half the total number of ewes or of lambs sold, the 3-year average price for ewes or the 3-year average price for lambs, as the case may be, shall,where the valuer is the Land Court (and not an arbiter by virtue of section 61(1) of this Act), on the application of the parties, in lieu of being ascertained by the valuer as aforesaid, be determined ... by reference to the prices realised at such sales for ewes and for lambs respectively from similar stocks kept in the same district and under similar conditions.

5

The 3-year average price for ewes shall be subject to adjustment by the valuer within the limits of 20 per cent (in the case of leases entered into before 15th May 1963, 50 pence) upwards or downwards as he may think proper having regard to the general condition of the stock under valuation and to the profit which the purchaser may reasonably expect it to earn. The resultant figure shall be the basis of the valuation of the ewes, and is in this Part of this Schedule referred to as the “basic ewe value”.

6

In making his award the valuer shall value the respective classes of stock in accordance with the following rules, that is to say—

(a) ewes of all ages (including gimmers) shall be valued at the basic ewe value with the addition of 30 per cent (in the case of leases entered into before 15th May 1963, 75 pence) of such value per head;

(b) lambs shall be valued at the basic lamb value; so however that twin lambs shall be valued at such price as the valuer thinks proper;

(c) ewe hoggs shall be valued at two-thirds of the combined basic values of a ewe and a lamb subject to adjustment by the valuer within the limits of 10 per cent (in the case of leases entered into before 15th May 1963, 25 pence) per head upwards or downwards as he may think proper, having regard to their quality and condition;

(d) tups shall be valued at such price as in the opinion of the valuer represents their value on the farm having regard to acclimatisation or any other factor for which he thinks it proper to make allowance;

(e) eild sheep shall be valued at the value put upon the ewes subject to such adjustment as the valuer may think proper having regard to their quality and condition; and

(f) shotts shall be valued at such value not exceeding two-thirds of the value put upon good sheep of the like age and class on the farm as the valuer may think proper.

Part II — Valuation Made in Respect of a Tenancy Terminating at Martinmas

7

The valuer shall ascertain the number of, and the prices realised for, the ewes sold off the hill from the stock under valuation at the autumn sales in the current year and in each of the 2 preceding years, and shall calculate an average price per ewe so sold for each of the said years. In calculating the average price for any year the valuer shall disregard one-tenth of the total number of ewes so sold in that year being the ewes sold at the lowest price.

8

The mean of the average prices so calculated shall be subject to adjustment by the valuer within the limits of 10 per cent (in the case of leases entered into before 15th May 1963, 25 pence) upward or downwards as he may think proper having regard to the general condition of the stock under valuation and to the profit which the purchaser may reasonably expect it to earn. The resultant figure shall be the basis of the valuation of the ewes and is in this Part of this Schedule referred to as the “basic ewe value”.

9

In making his award the valuer shall assess the respective classes of stock in accordance with the following rules, that is to say—

(a) ewes of all ages (including gimmers) shall be valued at the basic ewe value with the addition of 30 per cent (in the case of leases entered into before 15th May 1963, 75 pence) of such value per head;

(b) ewe lambs shall be valued at the basic ewe value subject to adjustment by the valuer within the limits of 10 per cent (in the case of leases entered into before 15th May 1963, 25 pence) per head upwards or downwards as he may think proper having regard to their quality and condition; and

(c) tups shall be valued at such price as in the opinion of the valuer represents their value on the farm having regard to acclimatisation or any other factor for which he thinks it proper to make allowance.

Part III

10

The 3-year average price for ewes and the 3-year average price for lambs ascertained under Part I, or the mean of the average prices calculated under Part II, of this Schedule, as the case may be.

11

Any amount added or taken away by way of adjustment for the purpose of fixing the basic ewe value or the basic lamb value, and the grounds on which such adjustment was made.

12

The number of each class of stock valued (ewes and gimmers of all ages with lambs being taken as one class, and eild ewes and eild gimmers being taken as separate classes at a Whitsunday valuation, and ewes and gimmers of all ages being taken as one class at a Martinmas valuation) and the value placed on each class.

13

Any amount added to or taken away by way of adjustment in fixing the value of ewe hoggs at a Whitsunday valuation, or the value of ewe lambs at a Martinmas valuation, and the grounds on which such adjustment was made.

Part IV — Interpretation

14

In this Schedule the expressions “ewe”, “gimmer”, “eild ewe”, “eild gimmer”, “lamb”, “ewe hogg”, “eild sheep” and “tup” shall be construed as meaning respectively sheep of the classes customarily known by those designations in the locality in which the flock under valuation is maintained.

SCHEDULE 10

Part I — Valuation Made in Respect of a Tenancy Terminating at Whitsunday

1

The Land Court or, by virtue of section 61(1) of this Act, the arbiter (in Part I and Part II of this Schedule referred to as “the valuer”) shall ascertain the number of, and the prices realised for, the regular cast ewes and the lambs sold off the hill from the stock under valuation at the autumn sales in each of the 3 preceding years, and shall determine by inspection the number of shotts present in the stock at that time of the valuation.

2

The valuer shall calculate an average price per ewe, and an average price per lamb, for the regular cast ewes and lambs sold as aforesaid for each of the 3 preceding years. In calculating the average price for any year the valuer shall disregard such number of regular cast ewes and lambs so sold in that year, being the ewes or lambs sold at the lowest prices, as bears the same proportion to the total number of regular cast ewes or lambs so sold in that year as the number of shotts as determined bears to the total number of ewes or lambs in the stock under valuation.

3

The valuer shall then ascertain the mean of the average prices so calculated for the 3 preceding years for regular cast ewes and for lambs, respectively. The figures so ascertained or ascertained, in a case to which paragraph 4 below applies, in accordance with that paragraph, are in this Part of this Schedule referred to as the “3-year average price for regular cast ewes” and the “3-year average price for lambs”.

4

In the case of any sheep stock in which the number of regular cast ewes or the number of lambs sold off the hill at the autumn sales during the preceding 3 years has been less than half the total number of regular cast ewes or of lambs sold, the 3-year average price for regular cast ewes or the 3-year average price for lambs, as the case may be shall where the valuer is the Land Court (and not an arbiter appointed by virtue of section 61(1) of this Act), on the application of the parties,, in lieu of being ascertained by the valuer as aforesaid, be determined ... by reference to the prices realised at such sales for regular cast ewes and for lambs respectively from similar stocks kept in the same district and under similar conditions.

5

The 3-year average price for regular cast ewes shall be subject to adjustment by the valuer within the limits of 30 per cent upwards or downwards as he may think proper having regard to the general condition of the stock under valuation and to the profit which the purchaser may reasonably expect it to earn. The resultant figure shall be the basis of the valuation of the ewes, and is in this Part of this Schedule referred to as the “basic ewe value”.

6

In making his award the valuer shall value the respective classes of stock in accordance with the following rules, that is to say—

(a) ewes of all ages (including gimmers) shall be valued at the basic ewe value with the addition of 30 per cent of such value per head;

(b) lambs shall be valued at the basic lamb value but twin lambs shall be valued at such price as the valuer thinks proper;

(c) ewe hoggs shall be valued at three quarters of the combined basic values of a ewe and a lamb subject to adjustment by the valuer within the limits of 25 per cent per head upwards or downwards as he may think proper, having regard to their quality and condition;

(d) tups shall be valued at such price as in the opinion of the valuer represents their value on the farm having regard to acclimatisation or any other factor for which he thinks it proper to make allowance;

(e) eild sheep shall be valued at the value put upon the ewes subject to such adjustment as the valuer may think proper having regard to their quality and condition; and

(f) shotts shall be valued at such value not exceeding two-thirds of the value put upon good sheep of the like age and class on the farm as the valuer may think proper.

Part II — Valuation Made in Respect of a Tenancy Terminating at Martinmas

7

The valuer shall ascertain the number of, and the prices realised for, the regular cast ewes sold off the hill from the stock under valuation at the autumn sales in the current year and in each of the 2 preceding years, and shall calculate an average price per ewe so sold for each of the said years. In calculating the average price for any year the valuer shall disregard one-fifth of the total number of regular cast ewes so sold in that year being the ewes sold at the lowest price.

8

The mean of the average prices so calculated shall be subject to adjustment by the valuer within the limits of 30 per cent upward or downwards as he may think proper having regard to the general condition of the stock under valuation and to the profit which the purchaser may reasonably expect it to earn. The resultant figure shall be the basis of the valuation of the ewes and is in this Part of this Schedule referred to as the “basic ewe value”.

9

In making his award the valuer shall assess the respective classes of stock in accordance with the following rules, that is to say—

(a) ewes of all ages (including gimmers) shall be valued at the basic ewe value with the addition of 30 per cent of such value per head;

(b) ewe lambs shall be valued at the basic ewe value subject to adjustment by the valuer within the limits of 20 per cent per head upwards or downwards as he may think proper having regard to their quality and condition; and

(c) tups shall be valued at such price as in the opinion of the valuer represents their value on the farm having regard to acclimatisation or any other factor for which he thinks it proper to make allowance.

Part III

10

The 3-year average price for regular cast ewes and the 3-year average price for lambs ascertained under Part I, or the mean of the average prices calculated under Part II, of this Schedule, as the case may be.

11

Any amount added or taken away by way of adjustment for the purpose of fixing the basic ewe value or the basic lamb value, and the grounds on which such adjustment was made.

12

13

Part IV — Interpretation

14

In this Schedule the expressions “regular cast ewes”, “ewe”, “gimmer”, “eild ewe”, “eild gimmer”, “lamb”, “ewe hogg”, “eild sheep” and “tup” shall be construed as meaning respectively sheep of the classes customarily known by those designations in the locality in which the flock under valuation is maintained.

SCHEDULE 11

Hill Farming Act 1946 (c. 73)

1

In section 9, as substituted by the Seventh Schedule to the 1949 Act,—

(a) in subsection (1), for “Agricultural Holdings (Scotland) Act 1949” substitute “ Agricultural Holdings (Scotland) Act 1991 ”, referred to in subsections (2) and (4) below as “the 1991 Act”;

(b) in subsections (2) and (4), for “the said Act of 1949” substitute “ the 1991 Act ”;

(i) for “Part I or Part II of the First Schedule” substitute “ Part I or II of Schedule 5 ”;

(ii) in paragraph (a), for “section fifty of that Act” substitute “ section 37 of the 1991 Act ”;

(iii) in paragraph (b), for “section fifty-one of that Act” substitute “ section 38 of the 1991 Act ”;

(iv) in paragraph (b), for “section fifty-two of that Act” substitute “ section 39 of the 1991 Act ”;

(v) for “the said section fifty or the said fifty-one” substitute “ section 37 or 38 of the 1991 Act ”;

(d) in subsection (3), for “section eight of the Agricultural Holdings (Scotland) Act 1949” substitute “ section 15 of the 1991 Act ”.

Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (c. 65)

2

In section 21—

(a) in subsection (2) for “Subsection (1) of section twenty-five of the Agricultural Holdings (Scotland) Act 1949” substitute “ section 22 of the Agricultural Holdings (Scotland) Act 1991 ”, and for “section twenty-six of that Act” substitute “ section 24 of that Act ”;

(b) in subsection (3) for “section twenty-five” in both places where it occurs substitute “ section 22 ”, and for “section twenty-six” substitute “ section 24 ”;

3

In section 22(4)(a), for “subsection (1) of section twenty five of the Agricultural Holdings (Scotland) Act 1949” substitute “ section 22(1) of the Agricultural Holdings (Scotland) Act 1991 ”.

4

In section 38(6)(a)(i), for “Agricultural Holdings (Scotland) Act 1949” substitute “ Agricultural Holdings (Scotland) Act 1991 ”.

Crofters (Scotland) Act 1955 (c. 21)

5

In section 14(10), for “Agricultural Holdings (Scotland) Act 1949” substitute “ Agricultural Holdings (Scotland) Act 1991 ”.

6

In section 37(1), in the definition of “fixed equipment”, for “Agricultural Holdings (Scotland) Act 1949” substitute “ Agricultural Holdings (Scotland) Act 1991 ”.

7

In Schedule 2, paragraph 10, for “section 15 of the Agricultural Holdings (Scotland) Act 1949” substitute “ section 52 of the Agricultural Holdings (Scotland) Act 1991 ”.

Agriculture (Safety, Health and Welfare Provisions) Act 1956 (c. 49)

8

In section 25(4), for the words from “the provisions” to “section eighteen” substitute “ section 5(2), (3) and (5) of the Agricultural Holdings (Scotland) Act 1991 (liabilities of landlord and tenant of agricultural holding regarding fixed equipment) and section 10 ”.

9

In section 25(5), for “section eight of the Agricultural Holdings (Scotland) Act 1949” substitute “ section 15 of the Agricultural Holdings (Scotland) Act 1991 ”.

10

In section 25(10), in the definition of “agricultural holding”, “fixed equipment” and “landlord”, for “the Agricultural Holdings (Scotland) Act, 1949” substitute “ the Agricultural Holdings (Scotland) Act 1991 ”.

Coal Mining (Subsidence) Act 1957 (c. 59)

11

In section 10(1)(a), for “Agricultural Holdings (Scotland) Act 1949” substitute “ Agricultural Holdings (Scotland) Act 1991 ”.

Opencast Coal Act 1958 (c. 69)

12

In section 14A—

(a) in subsection (3), for the words “Agricultural Holdings (Scotland) Act 1949 in this Act referred to as the Scottish Act of 1949” substitute “ the Scottish Act of 1991 ”;

(b) in subsection (4), for “the Scottish Act of 1949” substitute “ the Scottish Act of 1991 ”;

(d) in subsection (6)—

(i) for “section 25(2) of the Scottish Act of 1949” substitute “ section 22(2) of the Scottish Act of 1991 ”; and

(ii) for “(c)” substitute “ (b) ”;

(e) in subsection (7), for the words from “For the purposes” to “paragraph (e) of subsection (1)” substitute “ The condition specified in section 24(1)(e) of the Scottish Act of 1991 (consent of Land Court to notice to quit where land to be used for purposes other than agriculture) ”;

(f) in subsection (8), for “section 7 of the Scottish Act of 1949” substitute “ section 13 of the Scottish Act of 1991 ”;

(g) in subsection (9), for “section 8 of the Scottish Act of 1949” substitute “ section 15 of the Scottish Act of 1991 ”.

13

For section 24(10) substitute—

(10) In the application of this section to Scotland, for references— (a) to the Act of 1986 and to sections 70 and 83(4) of that Act there shall be substituted respectively references to the Scottish Act of 1991 and to sections 44 and 62(3) of that Act; (b) to subsections (1), (2) and (3) of section 69 of the Act of 1986 there shall be substituted respectively references to sections 34(5) and 35(4) and (5) of the Scottish Act of 1991 (as they apply to new improvements); (c) to Parts I and II of Schedule 7 to the Act of 1986 and to the first day of March 1948 there shall be substituted respectively references to Parts I and II of Schedule 5 to the Scottish Act of 1991 and to the first day of November 1948; and (d) to sub-paragraphs (1) and (2) of paragraph 5 of Part I of Schedule 9 to the 1986 Act there shall be substituted respectively references to sections 34(5) and 35(4) of the Scottish Act of 1991 (as they apply to old improvements).

14

For section 25(3) substitute—

(3) In the application of this section to Scotland, for paragraphs (a) and (b) of subsection (1) above there shall be substituted the words “under section 45 of the Scottish Act of 1991 (which relates to compensation for deterioration of a holding or part thereof for which a tenant is responsible).”.

15

In section 26(6) after “Scotland” insert “ (a) ” and for the words from “in subsection (3)” to the end substitute—

(b) in subsection (3) of this section for the reference to the Act of 1986 there shall be substituted a reference to the Scottish Act of 1991; and (c) in subsection (5) of this section there shall be substituted— (i) for the reference to section 91 of the Act of 1986 a reference to section 73 of the Scottish Act of 1991; (ii) for the reference to Schedule 8 to the Act of 1986 a reference to Part III of Schedule 5 to the Scottish Act of 1991; (iii) for the reference to Parts I, II and III of the Fourth Schedule to this Act a reference to Parts IV and V of that Schedule.

16

In section 27(4), for “section fourteen of the Scottish Act of 1949” substitute “ section 18 of the Scottish Act of 1991 ”.

17

In section 28(6)—

(a) for “to section sixty-five of the Scottish Act of 1949 and to paragraph (b) of subsection (1) of that section” substitute “ section 40 of the Scottish Act of 1991 and to subsection (4)(a) of that section ”;

(b) for “to subsection (1) of section sixty-six of the Scottish Act of 1949 and to section 14 of that Act” substitute “ to section 41(1) and to section 18 of the Scottish Act of 1991 ”;

(c) for “to section seventy-nine of the Scottish Act of 1949 and to the Fourth Schedule to that Act” substitute “ to section 73 of the Scottish Act of 1991 and to Schedule 6 thereto ”.

18

In section 52(2)—

(a) in the definition of “agricultural holding”, for “1949” substitute “ 1991 ”;

(b) for the definition of “the Scottish Act of 1949” substitute “the Scottish Act of 1991” means the Agricultural Holdings (Scotland) Act 1991; ”.

19

In section 52(5)(a)—

(a) for “the Scottish Act of 1949” where it first occurs substitute “ the Scottish Act of 1991 ”; and

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