Agricultural Holdings (Scotland) Act 2003
2003 asp 11 · Enacted 22 April 2003 · Extends to Scotland
An Act of the Scottish Parliament to amend the law relating to agricultural holdings under the Agricultural Holdings (Scotland) Act 1991; to provide for new forms of agricultural tenancies and to make provision in relation to these tenancies; to provide for the right of certain agricultural tenants to buy land; to provide for the use of certain agricultural land for non-agricultural purposes; to make special provision for certain agricultural tenancies where the tenant is a partnership; to make new provision for the resolution of disputes between landlords and tenants arising under agricultural tenancies; and for connected purposes.
The Bill for this Act of the Scottish Parliament was passed by the Parliament on 12th March 2003 and received Royal Assent on 22nd April 2003
Contents
- Part 1: Agricultural tenancies
- Chapter 1: Types of tenancy
- Tenancies under the 1991 Act
- 1Application of the 1991 Act to agricultural holdings
- 2Conversion from 1991 Act tenancy to limited duration tenancy Repealed
- 2AConversion from 1991 Act tenancy to modern limited duration tenancy
- 2BConversion from limited duration tenancy to modern limited duration tenancy
- Leases for grazing or mowing
- 3Leases for grazing or mowing
- New types of tenancy
- 4Short limited duration tenancies
- 5Limited duration tenancies Repealed
- 5AModern limited duration tenancies
- 5BModern limited duration tenancies: break clauses
- 5CRepairing tenancies: creation
- 5DRepairing tenancies: exemption from rules of good husbandry during repairing period
- Chapter 2: General provision as to new types of tenancy
- New types of tenancy: general provision
- 6Assignation, subletting and termination of short limited duration tenancies
- 7Assignation and subletting of limited duration tenancies
- 7ASubletting of modern limited duration tenancies
- 7BAssignation of modern limited duration tenancies
- 8Continuation and termination of limited duration tenancies
- 8ATermination of modern limited duration tenancies by agreement
- 8BTermination of modern limited duration tenancies by landlord
- 8CTermination of modern limited duration tenancies by tenant
- 8DTermination of modern limited duration tenancies subject to break clause
- 8EContinuation and extension of modern limited duration tenancies
- 9Review of rent under limited duration tenanciesReview of rent under limited duration tenancies, modern limited duration tenancies and repairing tenancies
- 9AForm and content of rent review notice
- 9BDetermination of rent
- 9CReview of rent under limited duration tenancies, modern limited duration tenancies and repairing tenancies: surplus residential accommodation
- 10Increase in rent: landlord’s improvements
- 10ALandlord improvement notices
- 10BObjection by tenant
- 10CReferral to Land Court
- 10DNotice of dates of improvement
- 10EImprovement by landlord without notice etc.
- 10FEmergency improvements
- 11Variation of rent by Land Court
- 12Right of tenant to withhold rent
- 13Written leases and the revision of certain leases
- 14Freedom of cropping and disposal of produce
- 15Permanent pasture
- 16Fixed equipment etc.
- 16AModern limited duration tenancies: fixed equipment etc.
- 17Resumption of land by landlord
- 18Irritancy of lease and good husbandry
- 18AIrritancy of lease and good husbandry: modern limited duration tenancies
- 19Resumption and irritancy: supplementary
- Succession to short limited duration tenancies and limited duration tenancies
- 20Section 16 of the Succession (Scotland) Act 1964
- 21Bequest of lease
- 22Right of landlord to object to acquirer of tenancy
- 23Effect of termination of tenancy where tenant deceased
- Part 2: Tenant’s right to buy land
- Registration of interest and the right to buy
- 24The Keeper and the Register
- 25Registration of tenant’s interest
- 26Notice of proposal to transfer land
- 27Transfers not requiring notice
- 28Right to buy
- 29Exercise of right to buy
- 30Meaning of “creditor in a standard security with a right to sell land”
- 31Effect of extinguishing of right to buy
- Procedure for buying and valuation
- 32Procedure for buying
- 33Appointment of valuer
- 34Valuation of the land
- 35Special provision where buyer is general partner in limited partnership
- 36Valuation etc.: further provision
- 37Appeal to Lands Tribunal against valuation
- 38Referral of certain matters by Lands Tribunal to Land Court
- Part 2A: Sale where landlord in breach
- Application to Land Court for order for sale
- 38AApplication to Land Court for order for sale
- 38BOrder for sale
- 38CEffect of order for sale: prohibition of transfer etc.
- 38DEffect of order for sale: suspension of rights
- 38ETenant's right to buy
- Procedure for buying and valuation
- 38FProcedure for buying
- 38GAppointment of valuer and valuation of the land
- 38HFailure of seller to complete transaction
- 38IFailure of tenant to complete transaction
- 38JCompletion of sale to tenant
- 38KEffect of extinguishing of right to buy
- Sale to third party
- 38LSale to third party
- 38MProcedure for sale to third party
- Post-sale obligations
- 38NRestriction on notice to quit etc. where sale to third party
- 38OPayment to former landlord where early resale
- 38PCompensation
- Part 3: Use of agricultural land: diversification
- 39Use of land for non-agricultural purposes
- 40Notice of and objection to diversification
- 40ALandlord's objection: application to Land Court
- 41Imposition of conditions by Land Court
- 42Tenant’s right to timber
- Part 4: Compensation under agricultural tenancies
- Chapter 1: Compensation for improvements
- 1991 Act tenancies
- 43Agreements as to compensation for improvements
- 44Amount of compensation where grant made to tenant
- New types of tenancy
- 45Right to compensation for improvements
- 45AAmnesty under the Land Reform (Scotland) Act 2016
- 46Payment of compensation by incoming tenant
- 47Amount of compensation
- 48Consent required for compensation in certain cases
- 49Notice required for certain improvements
- Chapter 2: Compensation for disturbance and diversification etc.
- 1991 Act tenancies
- 50Compensation for disturbance and for damage by game
- 51Compensation arising as a result of diversification etc.
- New types of tenancy
- 52Compensation for disturbance
- 53Compensation for other particular things
- Chapter 3: Compensation where compulsory acquisition of land
- 54Compensation where compulsory acquisition of land
- Chapter 4: Miscellaneous provision as to compensation
- 55Right to compensation for yielding vacant possession
- 56No right to penal rent etc.
- 57Provision as to parts of land and divided land
- 58Compensation not payable where direction as to permanent pasture
- 59Extent to which compensation recoverable under agreements
- 59ACompensation under repairing tenancies
- Part 5: Miscellaneous amendments to the 1991 Act
- 60Agreements as to fixed equipment
- 61Making of records
- 62Interdict in certain cases
- 63Variation of rent
- 64Tenant’s right to withhold rent
- 65Termination of tenancy
- 66Assignation and subletting of tenancy
- 67Notices to quit
- 68Restoration of agricultural holding following mineral exploitation
- 69Good husbandry and conservation activities
- Part 6: Rights of certain persons where tenant is a partnership
- 70Rights of certain persons where tenant is a partnership
- 71Meaning of “family”
- 72Rights of certain persons where tenant is a limited partnership
- 72AApplication of section 73
- 73Termination of tenancy continued under section 72
- 74Application of right to buy provisions
- 74AApplication of Part 3A of the 1991 Act
- Part 7: Jurisdiction of the Land Court and the resolution of disputes
- 1991 Act tenancies
- 75Jurisdiction of the Land Court
- 76Arbitrations etc.
- Short limited duration tenancies and limited duration tenancies etc.
- 77Resolution of disputes by Land Court
- 78Agreement to refer matters to arbitration
- 79Arbitration: procedure etc.
- 80Other provisions as to the resolution of disputes
- 81Clauses in leases as to resolution of disputes
- Jurisdiction of the Land Court: further provision
- 82Amendment of the Scottish Land Court Act 1993
- 83Power to amend Land Court’s jurisdiction
- 84Power of Land Court to grant remedies etc.
- 85Remit from Land Court to sheriff or Court of Session
- 86Remit to Land Court by sheriff or Court of Session
- 87Transmission of case where contingency
- 88Appeal from Land Court to Court of Session
- 89Expenses in sheriff court and Court of Session
- 90Conduct of arbiter and setting aside of arbiter’s award
- Part 8: General provisions
- 91Orders and regulations
- 92Ancillary provision
- 93Interpretation
- 94Amendments to enactments
- 95Short title, Crown application and commencement
- Schedule: Amendments to enactments
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Agriculture Act 1986 (c. 49) Repealed
- 9Paragraph 9 Repealed
- 10Paragraph 10 Repealed
- 11The 1991 Act
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- 23Paragraph 23
- 24Paragraph 24
- 25Paragraph 25
- 26Paragraph 26
- 27Paragraph 27
- 28Paragraph 28
- 29Paragraph 29
- 30Paragraph 30
- 31Paragraph 31
- 32Paragraph 32
- 33Paragraph 33
- 34Paragraph 34
- 35Paragraph 35
- 36Paragraph 36
- 37Paragraph 37
- 38Paragraph 38
- 39Paragraph 39
- 40Paragraph 40
- 41Paragraph 41
- 42Paragraph 42
- 43Paragraph 43
- 44Paragraph 44
- 45Paragraph 45
- 46Paragraph 46
- 47Paragraph 47
- 48Paragraph 48
- 49Paragraph 49
- 50Paragraph 50
- 51Paragraph 51
- 52Paragraph 52