{
  "url": "https://openlegislation.uk/land-reform-scotland-act-2025/schedule-2/paragraph-19",
  "json_url": "https://openlegislation.uk/land-reform-scotland-act-2025/schedule-2/paragraph-19.json",
  "legislation": "asp/2025/15",
  "legislation_title": "Land Reform (Scotland) Act 2025",
  "legislation_url": "https://openlegislation.uk/land-reform-scotland-act-2025",
  "path": "schedule/2/paragraph/19",
  "kind": "paragraph",
  "number": "19",
  "heading": "Landlord’s agreement or objection to notice of diversification",
  "text": "(1) A landlord who is given a notice of diversification by a small landholder must notify the landholder in writing within the period mentioned in sub-paragraph (2) of whether the landlord—\n(a) agrees to the diversification proposal set out in the notice, or\n(b) objects to the proposal.\n(2) The period is—\n(a) where the landlord has made a request for information under paragraph 18(1), the period of 60 days beginning with the day on which the request is made,\n(b) where the landlord has made no such request, the period of 60 days beginning with the day on which the notice of diversification is given.\n(3) The landlord may object to the proposal only if—\n(a) the landlord reasonably considers that implementation of the proposal would—\n(i) lessen significantly the amenity of the land or the surrounding area,\n(ii) substantially prejudice the use of the whole of the land comprising the small landholding for cultivation in the future,\n(iii) be substantially detrimental to the sound management of the estate of which the land consists or forms part, or\n(iv) cause the landlord to suffer undue hardship,\n(b) where the notice specifies a matter mentioned in paragraph 17(3)(b)(ii) or (iii), the landlord reasonably considers that it fails to demonstrate that the proposed changes are, or, as the case may be, the business (so far as relating to the land) is, viable, or\n(c) the landholder has failed to comply with paragraph 18(3).\n(4) Where the landlord agrees to the proposal, the landlord may impose on the landholder any reasonable conditions in relation to the implementation of the proposal.\n(5) Notification under sub-paragraph (1) must—\n(a) where the landlord objects to the proposal, set out the grounds for the objection,\n(b) where the landlord imposes conditions under sub-paragraph (4), set out the conditions and the reasons for imposing them, and\n(c) explain why the landlord considers the grounds or (as the case may be) conditions are reasonable.\n(6) The landlord is to be treated as having agreed to the proposal (without imposing any conditions on the landholder) if the landlord does not notify the landholder in accordance with sub-paragraph (1).\n(7) Where the landlord agrees to the proposal, the proposal may be implemented, subject to any conditions imposed under sub-paragraph (4), from either—\n(a) the later of—\n(i) the date specified in the notice under paragraph 17(2)(d), and\n(ii) where the landlord has made a request for information under paragraph 18(1), the date falling 70 days from the making of the request, or\n(b) such earlier date as the landlord and the landholder may agree to.\n(8) The Scottish Ministers may by regulations—\n(a) modify sub-paragraph (3) so as to add or remove a ground for objection to a proposal,\n(b) make provision about—\n(i) information to be included in a notice given under sub-paragraph (1)(b) in relation to each ground of objection,\n(ii) the manner in which that information is to be provided.",
  "extent": "S",
  "status": "prospective",
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Sch. 2 para. 19 not in force at Royal Assent, see s. 47(2)"
    }
  ],
  "outstanding_effects": [
    {
      "type": "applied (with modifications) by 1911 c. 49, s. 32(14A) (as inserted)",
      "affecting": "asp/2025/15",
      "affecting_title": "Land Reform (Scotland) Act 2025"
    },
    {
      "type": "applied (with modifications) by 1911 c. 49, s. 32(14A) (as inserted)",
      "affecting": "asp/2025/15",
      "affecting_title": "Land Reform (Scotland) Act 2025"
    },
    {
      "type": "applied (with modifications) by 1911 c. 49, s. 32(14A) (as inserted)",
      "affecting": "asp/2025/15",
      "affecting_title": "Land Reform (Scotland) Act 2025"
    },
    {
      "type": "applied (with modifications) by 1911 c. 49, s. 32(14A) (as inserted)",
      "affecting": "asp/2025/15",
      "affecting_title": "Land Reform (Scotland) Act 2025"
    },
    {
      "type": "applied (with modifications) by 1911 c. 49, s. 32(14A) (as inserted)",
      "affecting": "asp/2025/15",
      "affecting_title": "Land Reform (Scotland) Act 2025"
    },
    {
      "type": "applied (with modifications) by 1911 c. 49, s. 32(14A) (as inserted)",
      "affecting": "asp/2025/15",
      "affecting_title": "Land Reform (Scotland) Act 2025"
    },
    {
      "type": "applied by 1931 c. 44, s. 14(3) (as inserted)",
      "affecting": "asp/2025/15",
      "affecting_title": "Land Reform (Scotland) Act 2025"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/asp/2025/15/schedule/2/paragraph/19",
    "retrieved_at": "2026-10-29T20:11:52.301495+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}