Agricultural Holdings (Scotland) Act 1991
1991 c. 55 · Enacted 25 July 1991 · Extends to United Kingdom
An Act to consolidate the Agricultural Holdings (Scotland) Act 1949 and other enactments relating to agricultural holdings in Scotland.
[25th July 1991] I1
C1C2C3Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—C4
Annotations to the whole text
Modifications
- C1
[A table showing the derivation of the provisions of this Consolidation Act will be found at the end of the Act. The table has no official status.]
- C2
Act excluded (5.1.1994) by 1993 c. 44, ss. 29(1)(2), 64(2) (with ss. 30(5), 63(1), Sch. 6 para. 4)
- C3
Act excluded (3.2.1995) by 1994 c. 33, s. 106(3)(b); S.I. 1995/127, art. 3(4), Sch. 1.
Act excluded (1.8.2000) by 1999 c. 33, s. 149(3)(f), S.I. 2000/1985, art. 2, Sch.
- C4
Act restricted (27.11.2003) by Agricultural Holdings (Scotland) Act 2003 (asp 11), ss. 1(2), 95(3), 95(4) (with s. 95(2)); S.S.I. 2003/548, art. 2(a) (with Sch.)
Commencement
- I1
Act wholly in force at 25.9.1991, see s. 89(2)
Contents
- Part I: Agricultural Holdings
- 1Meaning of “agricultural holding” and “agricultural land”.
- 2Leases for less than year to year. Repealed
- 3Leases to be continued by tacit relocation.
- Part II: Terms of Leases and Variations Thereof
- 4Written leases and the revision of certain leases.
- 5Fixed equipment and insurance premiums.
- 6Sums recovered under fire insurance policy.
- 7Freedom of cropping and disposal of produce.
- 8Record of condition, etc., of holding.
- 9Arbitration as to permanent pasture.
- 10Power of landlord to enter on holding.
- 10AAssignation of tenancy
- 11Bequest of lease.
- 12Transfer of lease on intestacy
- 12ALandlord's objection to legatee or acquirer on intestacy: near relative
- 12BLandlord's objection to legatee or acquirer on intestacy: other persons
- 12CLandlord's objection to legatee or acquirer on intestacy: supplementary provision
- Rent review
- 13Rent review
- 14Determination by the Land Court under sections 4 and 5
- 14ALandlord improvement notices
- 14BObjection by tenant
- 14CReferral to Land Court
- 14DNotice of dates of improvement
- 14EImprovement by landlord without notice etc.
- 14FEmergency improvements
- 15Increase of rent for certain improvements by landlord.
- Tenant’s right to withhold rent
- 15ATenant’s right to withhold rent
- Termination of tenancy
- 16Leases not terminated by variation of terms, etc..
- 16ALeases not terminated on grounds of non-residence
- 17Prohibition of removal of manure, etc., after notice to quit,etc..
- 18Tenant’s right to remove fixtures and buildings.
- 19Payment for implements, etc., sold on quitting holding.
- 20Removal of tenant for non-payment of rent.
- Part III: Notice to Quit and Notice of Intention to Quit
- 21Notice to quit and notice of intention to quit.
- 22Restrictions on operation of notices to quit.
- 23Consent by Land Court or arbitration on notices to quit.
- 24Consents for purposes of section 22.
- 25Termination of tenancies acquired by succession. Repealed
- 26Certificates of bad husbandry.
- 27Penalty for breach of condition.
- 28Effect on notice to quit of sale of holding.
- 29Notice to quit part of holding to be valid in certain cases.
- 29AHolding to be restored in certain circumstances
- 30Tenant’s right to treat notice to quit part as notice to quit entire holding.
- 31Reduction of rent where tenant dispossessed of part of holding.
- 32Further restrictions on operation of certain notices to quit.
- Part 3A: Relinquishing and assignation of holdings
- Chapter 1: Tenant's offer to relinquish holding
- Application of Part and key terms
- 32AApplication of Part
- 32BNew entrants to farming and persons progressing in farming
- 32CTenant's offer to relinquish tenancy
- 32DForm and content of notice of intention to relinquish
- 32ERestrictions on serving notice of intention to relinquish
- 32FRestriction on notice to quit etc. where notice of intention to relinquish served
- Appointment of valuer
- 32GAppointment of valuer by Tenant Farming Commissioner
- 32HObjection to valuer appointed by Tenant Farming Commissioner
- 32IValuer's expenses
- Valuer's assessment
- 32JAssessment of value of land etc.
- 32KValuation: further provision
- Calculation of compensation
- 32LCompensation payable by landlord to tenant
- Notice of assessment
- 32MNotice of assessment
- Appeal against valuer's assessment
- 32NAppeal to Lands Tribunal against valuer's assessment
- 32OReferral of certain matters by Lands Tribunal to Land Court
- Withdrawal of notice of intention to relinquish
- 32PWithdrawal of notice of intention to relinquish
- Landlord's response to tenant's offer to quit tenancy
- 32QLandlord's acceptance of notice of intention to relinquish
- 32RNotice of declinature
- 32SWithdrawal of notice of acceptance
- Payment of compensation ends tenancy
- 32TConsequences of landlord paying compensation to tenant
- Chapter 2: Assignation where landlord does not accept tenant's offer
- 32UAssignation where landlord does not accept notice of intention to relinquish
- 32VApplication of section 10A to assignation under this Part
- Chapter 3: Interpretation
- 32WInterpretation of Part
- Part IV: Compensation for Improvements
- 33Improvements.
- 33AAgreements as to compensation for improvements
- 34Right to compensation for improvements.
- 34AAmnesty under the Land Reform (Scotland) Act 2016
- 35Payment of compensation by incoming tenant.
- 36Amount of compensation under this Part.
- 37Consents necessary for compensation for some improvements.
- 38Notice required of certain improvements.
- 39Compensation for Sch. 5, Pt. II, improvements conditional on approval of Land Court in certain cases.
- Part V: Other Provisions Regarding Compensation
- Market gardens
- 40Market gardens.
- 41Direction by Land Court that holding be treated as market garden.
- 42Agreements as to compensation relating to market gardens.
- Miscellaneous
- 43Compensation for disturbance.
- 44Compensation for continuous adoption of special standard of farming.
- 45Compensation to landlord for deterioration etc. of holding.
- 45ACompensation arising as a result of diversification and cropping of trees
- 46Compensation for failure to repair or maintain fixed equipment.
- 47Provisions supplementary to ss. 45 and 46.
- 48Landlord not to have right to penal rent or liquidated damages.
- 49Compensation provisions to apply to parts of holdings in certain cases.
- 50Determination of claims for compensation where holding is divided.
- 51Compensation not to be payable for things done in compliance with this Act.
- 52Compensation for damage by game.
- 53Extent to which compensation recoverable under agreements.
- Part VI: Additional Payments
- 54Additional payments to tenants quitting holdings.
- 55Provisions supplementary to s. 54.
- 56Additional payments in consequence of compulsory acquisition etc. of agricultural holdings.
- 57Provisions supplementary to s. 56.
- 58Effect of early resumption clauses on compensation.
- 59Interpretation etc. of Part VI.
- Part VII: Arbitration and Other Proceedings
- 60Resolution of disputes by Land Court
- 61Agreement to refer matters to arbitration
- 61AArbitration: procedure etc.
- 61BClauses in leases as to resolution of disputes
- 62Claims on termination of tenancy.
- 63Panel of arbiters, and remuneration of arbiter. Repealed
- 64Appointment of arbiter in cases where Secretary of State is a party. Repealed
- 65Recovery of compensation and other sums due.
- 66Power to enable demand to remedy a breach to be modified on arbitration.
- 67Prohibition of appeal to sheriff principal.
- Sheep stock valuation
- 68Sheep stock valuation.
- 69Submission of questions of law for decision of sheriff. Repealed
- 70Determination by Land Court of questions as to value of sheep stock. Repealed
- 71Statement of sales of stock.
- 72Interpretation of sections 68 to 71.
- Part VIII: Miscellaneous
- 73Power of Secretary of State to vary Schedules 5 and 6.
- 74Power of limited owners to give consents, etc..
- 75Power of tenant and landlord to obtain charge on holding.
- 76Power of land improvement companies to advance money.
- 77Appointment of guardian to landlord or tenant.
- 78Validity of consents, etc..
- Part IX: Supplementary
- Crown and Secretary of State
- 79Application to Crown land.
- 80Determination of matters where Secretary of State is landlord or tenant.
- 81Expenses and receipts.
- 82Powers of entry and inspection.
- Land Court
- 83Proceedings of the Land Court. Repealed
- Service of notices
- 84Service of notices, etc..
- Interpretation
- 85Interpretation.
- 86Construction of references in other Acts to holdings as defined by earlier Acts.
- 87Savings.
- Consequential amendments and repeals
- 88Consequential amendments and repeals.
- Citation, commencement and extent
- 89Citation, commencement and extent.
- Schedule 1: Provisions Required in Leases
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- Schedule 1A: Rent Review
- Rent review: service of rent review notice
- 1Paragraph 1
- Form and content of rent review notice
- 2Paragraph 2
- Timing of rent review notice
- 3Paragraph 3
- Withdrawal of rent review notice
- 4Paragraph 4
- Termination of rent review notice
- 5Paragraph 5
- Referral of rent to the Land Court
- 6Paragraph 6
- Powers of Land Court on referral under paragraph 6
- 7Paragraph 7
- New rent to take effect from rent agreement date
- 8Paragraph 8
- Productive capacity
- 9Paragraph 9
- Surplus residential accommodation
- 10Paragraph 10
- Open market rent
- 11Paragraph 11
- Power of Land Court to phase in new rent
- 12Paragraph 12
- Interpretation
- 13Paragraph 13
- Schedule 2: Grounds for Consent to Operation of Notices to Quit a Tenancy Where Section 25(3) Applies Repealed
- Part I: Grounds For Consent to Operation of Notice to Quit a Tenancy Let Before 1 January 1984 Repealed
- Case 1 Repealed
- Case 2 Repealed
- Case 3 Repealed
- Part II: Grounds for Consent to Operation of Notice to Quit a Tenancy Let on or After 1 January 1984 Repealed
- Case 4 Repealed
- Case 5 Repealed
- Case 6 Repealed
- Case 7 Repealed
- Part III: Supplementary Repealed
- 1Paragraph 1 Repealed
- 2Paragraph 2 Repealed
- 3Paragraph 3 Repealed
- Schedule 3: 1923 Act Improvements For Which Compensation May Be Payable
- Part I: Improvements For Which Consents Required
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- Part II: Improvements For Which Notice Required
- 19Paragraph 19
- Part III: Improvements For Which No Consents Or Notice Required
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- 23Paragraph 23
- 24Paragraph 24
- 25Paragraph 25
- 26Paragraph 26
- 27Paragraph 27
- 28Paragraph 28
- 29Paragraph 29
- Schedule 4: 1931 Act Improvements For Which Compensation May Be Payable
- Part I: Improvements For Which Consent Required
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- Part II: Improvements Of Which Notice Required
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- Part III: Improvements For Which No Consent Or Notice Required
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- 23Paragraph 23
- 24Paragraph 24
- 25Paragraph 25
- 26Paragraph 26
- 27Paragraph 27
- 28Paragraph 28
- 29Paragraph 29
- Schedule 5: New Improvements For Which Compensation May Be Payable
- Part I: Improvements For Which Consent Is Required
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- Part II: Improvements For Which Notice Is Required
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- 23Paragraph 23
- 23AParagraph 23A
- 23BParagraph 23B
- 23CParagraph 23C
- Part III: Improvements For Which No Consent Or Notice Required
- 24Paragraph 24
- 25Paragraph 25
- 26Paragraph 26
- 27Paragraph 27
- 28Paragraph 28
- 29Paragraph 29
- 29AParagraph 29A
- 30Paragraph 30
- 31Paragraph 31
- 32Paragraph 32
- Schedule 6: Market Garden Improvements
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- Schedule 7: Arbitrations
- Appointment of Arbiters Repealed
- 1Paragraph 1 Repealed
- 2Paragraph 2 Repealed
- 3Paragraph 3 Repealed
- 4Paragraph 4 Repealed
- Particulars of Claim Repealed
- 5Paragraph 5 Repealed
- Evidence Repealed
- 6Paragraph 6 Repealed
- 7Paragraph 7 Repealed
- Award Repealed
- 8Paragraph 8 Repealed
- 9Paragraph 9 Repealed
- 10Paragraph 10 Repealed
- 11Paragraph 11 Repealed
- 12Paragraph 12 Repealed
- 13Paragraph 13 Repealed
- 14Paragraph 14 Repealed
- 15Paragraph 15 Repealed
- 16Paragraph 16 Repealed
- Expenses Repealed
- 17Paragraph 17 Repealed
- 18Paragraph 18 Repealed
- 19Paragraph 19 Repealed
- Statement of Case Repealed
- 20Paragraph 20 Repealed
- 21Paragraph 21 Repealed
- 22Paragraph 22 Repealed
- Removal of Arbiter and Setting Aside of Award Repealed
- 23Paragraph 23 Repealed
- 24Paragraph 24 Repealed
- Forms Repealed
- 25Paragraph 25 Repealed
- Schedule 8: Supplementary Provisions with Respect to Payments Under Section 56
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- Schedule 9: Valuation of Sheep Stock in Scotland in Respect of Old Leases
- Part I: Valuation Made in Respect of a Tenancy Terminating at Whitsunday
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- Part II: Valuation Made in Respect of a Tenancy Terminating at Martinmas
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- IIIPart III
- Part iculars to be Shown in an Arbiter’s Award
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- Part IV: Interpretation
- 14Paragraph 14
- Schedule 10: Valuation of Sheep Stock in Scotland in Respect of Leases Entered into after 1st December 1986
- Part I: Valuation Made in Respect of a Tenancy Terminating at Whitsunday
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- Part II: Valuation Made in Respect of a Tenancy Terminating at Martinmas
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- IIIPart III
- Part iculars to be Shown in an Arbiter’s Award
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- Part IV: Interpretation
- 14Paragraph 14
- Schedule 11: Consequential Amendments of Enactments
- Hill Farming Act 1946 (c. 73)
- 1Paragraph 1
- Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (c. 65)
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- Crofters (Scotland) Act 1955 (c. 21)
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- Agriculture (Safety, Health and Welfare Provisions) Act 1956 (c.49)
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- Coal Mining (Subsidence) Act 1957 (c.59)
- 11Paragraph 11
- Opencast Coal Act 1958 (c.69)
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- Horticulture Act 1960 (c. 22)
- 22Paragraph 22 Repealed
- Crofters (Scotland) Act 1961 (c. 58)
- 23Paragraph 23
- Succession (Scotland) Act 1964 (c. 41)
- 24Paragraph 24
- 25Paragraph 25
- Agriculture Act 1967 (c. 22)
- 26Paragraph 26
- 27Paragraph 27
- 28Paragraph 28
- 29Paragraph 29
- 30Paragraph 30
- 31Paragraph 31
- Conveyancing and Feudal Reform (Scotland) Act 1970 (c. 35)
- 32Paragraph 32
- Land Compensation (Scotland) Act 1973 (c. 56)
- 33Paragraph 33
- 34Paragraph 34
- 35Paragraph 35
- 36Paragraph 36
- 37Paragraph 37
- Land Tenure Reform (Scotland) Act 1974 (c. 38)
- 38Paragraph 38
- Control of Pollution Act 1974 (c. 40)
- 39Paragraph 39
- Matrimonial Homes (Family Protection)(Scotland) Act 1981 (c.59)
- 40Paragraph 40
- Rent (Scotland) Act 1984 (c. 58)
- 41Paragraph 41
- Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73)
- 42Paragraph 42
- Agriculture Act 1986 (c.49)
- 43Paragraph 43 Repealed
- 44Paragraph 44 Repealed
- 45Paragraph 45
- 46Paragraph 46
- 47Paragraph 47
- 48Paragraph 48 Repealed
- 49Paragraph 49 Repealed
- 50Paragraph 50 Repealed
- 51Paragraph 51 Repealed
- 52Paragraph 52 Repealed
- 53Paragraph 53 Repealed
- Housing (Scotland) Act 1987 (c. 26)
- 54Paragraph 54 Repealed
- 55Paragraph 55
- 56Paragraph 56
- Housing (Scotland) Act 1988 (c. 43)
- 57Paragraph 57
- Schedule 12: TRANSITIONALS AND SAVINGS
- Continuation of savings
- 1Paragraph 1
- Construction of references to old and new law
- 2Paragraph 2
- Savings for specific enactments
- 3Paragraph 3
- 4Paragraph 4
- Compensation
- 5Paragraph 5
- Schedule 13: Repeals and Revocations
- IRepeals
- IIPart II
- Table of Derivations