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Paragraph 79 Small Landholders (Scotland) Act 1911I1

Scotland Not yet in force

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

(1)

The Small Landholders (Scotland) Act 1911 is modified as follows.

(2)

In section 14 (adjustment of rights by Land Court)—

(a)

the existing words become subsection (1),

(b)

in that subsection—

(i)

for the words “resumption by the landlord, or in the case of an existing yearly tenant or a qualified leaseholder or” substitute “the lease of a”,

(ii)

for the words “a landholder” in the first place they appear substitute “a lease of a small landholding”,

(iii)

after “as” in the second place it appears insert “at”,

(iv)

for the words “such tenant or leaseholder becomes a landholder, as the case may be,” substitute “the lease becomes a lease of a small landholding”,

(c)

after that subsection insert—

“(2)

For the purposes of subsection (1), a lease of a small landholding is a lease to which schedule 2 of the Land Reform (Scotland) Act 2025 (small landholdings) applies.”.

(3)

In section 32 (provisions as to statutory small tenants)—

(a)

in subsection (1), for the words “section sixteen of the Act of 1886” substitute “paragraph 31(2) and (3) of schedule 2 of the 2025 Act”,

(b)

in subsection (11), for the words from “the tenant shall” to the end substitute “the lease giving rise to the tenancy will become, from the date specified in the finding, a lease to which schedule 2 of the 2025 Act applies”,

(c)

in subsection (14)—

(i)

the words “Subsection (4) of section six, section and section twenty of the Act of 1886, section 2 of the Act of 1887 down to the word “summarily,” and” and “section twelve, section twenty-five” are repealed,

(ii)

for the word “apply” in the last place it appears substitute “applied”,

(d)

after subsection (14) insert—

“(14A)

Paragraphs 8(7), 10(1), 14, 74, 75 and 76 of schedule 2 of the 2025 Act apply for the purposes of this section as they apply in relation to small landholders and small landholdings within the meaning of paragraph 86 of that schedule, subject to the following modifications—

(a)

in paragraph 8(7) for the words “the rent under sub-paragraph (1)” substitute “an equitable rent under section 32(7) of the Small Landholders (Scotland) Act 1911”,

(b)

in paragraph 74—

(i)

in sub-paragraph (1), for the words “this schedule makes” substitute “the Small Landholders (Scotland) Acts 1886 to 1931 make”,

(ii)

for sub-paragraph (2)(a) substitute—

“(a)

in pursuance of—

(i)

section 32(4) of the Small Landholders (Scotland) Act 1911 (dispute about renewal of statutory small tenancy),

(ii)

section 32(11) of that Act (landlord’s failure to provide or maintain buildings or permanent improvements: whether lease is to become one to which this schedule applies),

(iii)

section 32(13) of that Act (whether a person is a statutory small tenant),

(iv)

section 32(15) of that Act (authorisation of resumption by landlord),”.”,

(e)

in subsection (15), for the words “section nineteen of this Act” substitute “paragraph 38(2) of schedule 2 of the 2025 Act”,

(f)

after subsection (15) insert—

“(16)

In this section—

  • “2025 Act” means the Land Reform (Scotland) Act 2025,

  • “permanent improvements” has the meaning given by paragraph 40(3) of schedule 2 of the 2025 Act.”.

Annotations

Commencement

I1

Sch. 2 para. 79 not in force at Royal Assent, see s. 47(2)