{
  "url": "https://openlegislation.uk/land-reform-scotland-act-2025/schedule-2/paragraph-74",
  "json_url": "https://openlegislation.uk/land-reform-scotland-act-2025/schedule-2/paragraph-74.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/74",
  "kind": "paragraph",
  "number": "74",
  "heading": "Agreement to resolve matters other than by application to Land Court",
  "text": "(1) Where this schedule makes provision for any matter to be determined by the Land Court, the matter may, if the landlord and small landholder agree at or after the time when the matter arises, instead be determined by another method of resolving the matter (including arbitration).\n(2) Sub-paragraph (1) does not apply in relation to any matter which may be determined by the Land Court—\n(a) in pursuance of—\n(i) paragraph 11(4) (whether a subsidiary or auxiliary purpose is reasonable and not inconsistent with the cultivation of the holding),\n(ii) any question or difference between the landlord and landholder arising in relation to Part 5 (disposal of holding by the landholder: renunciation, assignation or succession),\n(iii) any question or difference between the landlord and landholder arising in relation to Part 6 (removal of the landholder: breach of lease conditions, resumption by landlord),\n(iv) paragraph 84 (whether a term of a contract or agreement contracting out of a provision of this schedule is to be approved), or\n(b) on appeal.",
  "extent": "S",
  "status": "prospective",
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Sch. 2 para. 74 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/74",
    "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."
}