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Paragraph 2

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

In determining whether the manner in which a unit is being farmed is such as aforesaid regard shall be had, but without prejudice to the generality of the provisions of the last foregoing paragraph, to the following:—

(a)

the maintenance of permanent grassland (whether meadow or pasture) properly mown or grazed and in a good state of cultivation and fertility;

(b)

the handling or cropping of the arable land, including the treatment of temporary grass, so as to maintain it clean and in a good state of cultivation and fertility;

(c)

where the system of farming practised requires the keeping of livestock, the proper stocking of the holding;

(d)

the maintenance of an efficient standard of management of livestock;

(e)

as regards hill sheep farming in particular:—

(i)

the maintenance of a sheep stock of a suitable breed and type in regular ages (so far as is reasonably possible) and the keeping and management thereof in accordance with the recognised practices of hill sheep farming;

(ii)

the use of lug, horn or other stock marks for the purpose of determining ownership of stock sheep;

(iii)

The regular selection and retention of the best female stock for breeding;

(iv)

the regular selection and use of tups possessing the qualities most suitable and desirable for the flock;

(v)

the extent to which regular muirburn is made;

(f)

the extent to which the necessary steps are being taken—

(i)

to secure and maintain the freedom of crops and livestock from disease and from infestation by insects and other pests;

(ii)

to exercise systematic control of vermin and of bracken, whins, broom and injurious weeds;

(iii)

to protect and preserve crops harvested or in course of being harvested;

(iv)

to carry out necessary work of maintenance and repair of the fixed and other equipment.

Notes on Schedule SIXTH

Modifications

C1

Sch. 6 applied by Agricultural Holdings (Scotland) Act 1949 (c. 75), s. 93(2) and Opencast Coal Act 1958 (c. 69), s. 22(3), Sch. 3 para. 7(4)(5); restricted by Crofters (Scotland) Act 1955 (3 & 4 Eliz. 2 c. 21), s. 38(3), Sch. 6, Pt. I

C2

Sch. 6 extended (25. 9. 1991) by Agricultural Holdings (Scotland) Act 1991 (c. 55), ss. 85(2) , 89(2) (with s. 45(3), Sch. 12 para. 3)

C3

Sch. 6 applied by Agricultural Holdings (Scotland) Act 2003 (asp. 11), s. 18A(3) (as inserted (23.12.2016 for specified purposes, 30.11.2017 in so far as not already in force) by Land Reform (Scotland) Act 2016 (asp 18), ss. 89(2), 130(1) (with s. 128); S.S.I. 2016/365, reg. 2, sch.; S.S.I. 2017/299, reg. 2, sch.)

C4

Sch. 6 applied by Agricultural Holdings (Scotland) Act 2003 (asp. 11), s. 8D(7) (as inserted (30.11.2017) by Land Reform (Scotland) Act 2016 (asp 18), ss. 87(2), 130(1) (with s. 128); S.S.I. 2017/299, reg. 2, sch.)

C5

Sch. 6 applied by Agricultural Holdings (Scotland) Act 2003 (asp. 11), s. 7B(7) (as inserted (30.11.2017) by Land Reform (Scotland) Act 2016 (asp 18), ss. 105(2), 130(1) (with s. 128); S.S.I. 2017/299, reg. 2, sch.)

C6

Sch. 6 applied by Agricultural Holdings (Scotland) Act 2003 (asp. 11), s. 2A(5) (as inserted (30.11.2017) by Land Reform (Scotland) Act 2016 (asp 18), ss. 90(3), 130(1) (with s. 128); S.S.I. 2017/299, reg. 2, sch. (with reg. 3))