{
  "url": "https://openlegislation.uk/land-reform-scotland-act-2025/schedule-2/paragraph-33",
  "json_url": "https://openlegislation.uk/land-reform-scotland-act-2025/schedule-2/paragraph-33.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/33",
  "kind": "paragraph",
  "number": "33",
  "heading": "Landlord’s objection to successor: near relatives",
  "text": "(1) This paragraph applies where a landlord is given a notice under paragraph 31(5) or 32(2) by a legatee or (as the case may be) acquirer who is a near relative of the deceased.\n(2) The landlord may, within the period of 28 days beginning with the day on which the notice is given, give the person a counter-notice—\n(a) indicating that the landlord objects to the person’s succession to the small landholding, and\n(b) setting out the landlord’s grounds for objecting.\n(3) The only grounds on which the landlord may object to the person’s succession to the holding are that—\n(a) the person is not of good character,\n(b) the person does not have sufficient resources to be able to cultivate the holding with reasonable efficiency,\n(c) the person has neither sufficient training nor sufficient experience to be able to cultivate the holding with reasonable efficiency.\n(4) But the ground of objection in sub-paragraph (3)(c) does not apply where the person—\n(a) is engaged in or will begin, before the end of the period of 6 months beginning with the date on which the notice under paragraph 31(5) or 32(2) is given, a course of relevant training in cultivation of land which the person is expected to complete satisfactorily within 4 years from that date, and\n(b) has made arrangements to secure that the holding is cultivated with reasonable efficiency until the person completes that course.\n(5) If the landlord gives a counter-notice under sub-paragraph (2), the landlord may, within the period of 28 days beginning with the day on which the counter-notice is given, apply to the Land Court for an order—\n(a) in the case of a legatee, declaring the bequest to be null and void,\n(b) in the case of an acquirer, terminating the lease.\n(6) If, on the hearing of such an application, a ground of objection set out in the counter-notice is established to the satisfaction of the Land Court, it must make an order—\n(a) in the case of a legatee, declaring the bequest to be null and void,\n(b) in the case of an acquirer, terminating the lease with effect as from such term of Whitsunday or Martinmas as the court specifies.\n(7) In any other case, the Land Court must make an order declaring the deceased small landholder’s lease of the holding to be binding on the landlord and the legatee or (as the case may be) acquirer, as landlord and small landholder respectively—\n(a) in the case of the legatee, from the date of the deceased landholder’s death,\n(b) in the case of the acquirer, from the date on which the deceased landholder’s interest in the small landholding was transferred under section 16 of the Succession (Scotland) Act 1964.\n(8) A decision of the Land Court under this paragraph is final.\n(9) Where the landlord does not apply to the Land Court under sub-paragraph (5), the deceased landholder’s lease of the holding is to be binding on the landlord and the legatee or (as the case may be) acquirer, as landlord and small landholder respectively—\n(a) in the case of the legatee, from the date of the deceased landholder’s death,\n(b) in the case of the acquirer, from the date on which the deceased landholder’s interest in the small landholding was transferred under section 16 of the Succession (Scotland) Act 1964.",
  "extent": "S",
  "status": "prospective",
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Sch. 2 para. 33 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/33",
    "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."
}