Section 111 Tenant's offer to relinquish 1991 Act tenancy: consequential modifications

In section 21(1) of the 1991 Act, after “section 20” insert “ and Part 3A ”.

The 2003 Act is amended as follows.

In section 55 (right to compensation for yielding vacant possession), in subsection (4), after “Where” insert “ the tenancy is a limited duration tenancy or a modern limited duration tenancy and ”.

After section 74 insert—

“Application of Part 3A of the 1991 Act

74A

(1)

The Scottish Ministers may by regulations provide that Part 3A of the 1991 Act does not apply in relation to such types of partnership who are tenants, and in such circumstances, as the regulations may specify.

(2)

The Scottish Ministers may by regulations—

(a)

provide that general partners, of such types of limited partnership as the regulations may specify, may, in such circumstances as may be so specified, exercise and enforce any rights of tenants conferred by Part 3A of that Act,

(b)

provide that Part 3A, in its application in relation to—

(i)

partnerships who are tenants, and

(ii)

such partners of partnerships as may exercise or enforce any rights of tenants conferred by that Part,

has effect with or subject to such modifications as the regulations may specify,

(c)

make such further provision in relation to such partnerships and partners as they consider appropriate for the purposes of that Part.

(3)

Regulations under subsection (2) may make different provision for different types of partnership.”.