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Section 7 Interpretation of sections 4 to 6.C1C2

Scotland

(1)

In sections 4 to 6 of this Act “lease” means a lease of land, whether entered into before or after the commencement of those sections, but does not include a lease of land—

(a)

used wholly or mainly for residential purposes; F1...

(b)

comprising ... a croft, the subject of a cottar or the holding of a landholder or a statutory small tenantF2; or

(c)

where the lease is an agricultural lease.

(2)

In subsection (1) above—

  • F3“agricultural lease” means a lease constituting a 1991 Act tenancy within the meaning of the Agricultural Holdings (Scotland) Act 2003 (asp 11) or a lease constituting a short limited duration tenancy F4, a limited duration tenancy, a modern limited duration tenancy or a repairing tenancy (within the meaning of that Act);

  • “cottar” has the same meaning as in section 28(4) of the M1Crofters (Scotland) Act 1955;

  • “croft” has the same meaning as in section 3 of the Crofters (Scotland) Act 1955; and

  • “holding” (in relation to a landholder or statutory small tenant), “landholder” and “statutory small tenant” have the same meanings as in the Small Landholders (Scotland) Acts 1886 to 1931.

Annotations

Textual amendments

F1

Words in s. 7(1)(a)(b) repealed (27.11.2003) by Agricultural Holdings (Scotland) Act 2003 (asp 11), s. 95(3)(4), Sch. para. 7(a)(i) (with s. 95(2)); S.S.I. 2003/548, art. 2(i) (with Sch.)

F2

S. 7(1)(c) and preceding word inserted (27.11.2003) by Agricultural Holdings (Scotland) Act 2003 (asp 11), s. 95(3)(4), Sch. para. 7(a)(ii) (with s. 95(2)); S.S.I. 2003/548, art. 2(i) (with Sch.)

F3

Words in s. 7(2) substituted (27.11.2003) by Agricultural Holdings (Scotland) Act 2003 (asp 11), s. 95(3)(4), Sch. para. 7(b) (with s. 95(2)); S.S.I. 2003/548, art. 2(i) (with Sch.)

F4

Words in s. 7(2) substituted (30.11.2017) by Land Reform (Scotland) Act 2016 (asp 18), s. 130(1), sch. 2 para. 2(2) (with s. 128); S.S.I. 2017/299, reg. 2, sch. (with reg. 8)

Marginal citations

M1

1955 c. 21.

Modifications

C1

S. 7 excluded (3.2.1995) by 1994 c. 33, s. 106(3)(a); S.I. 1995/127, art. 2(1), Sch. 1

S. 7 excluded (1.8.2000) by 1999 c. 33, s. 149(3)(e); S.I. 2000/1985, art. 2, Sch.

C2

Ss. 4-7 excluded by 2002 c. 29, s. 269A(5) (as inserted (27.4.2017 for specified purposes, 31.1.2018 in so far as not already in force) by Criminal Finances Act 2017 (c. 22), ss. 29(5), 58(1)(6); S.I. 2018/78, reg. 3(l))