Section 14A Provisions as to agricultural tenancies in Scotland.F1

Without prejudice to the provisions of Part III of this Act as to matters arising between landlords and tenants in consequence of compulsory rights orders, the provisions of this section shall have effect in Scotland where—

whether any of that land is comprised in a compulsory rights order or not.

In this section—

• “ aftercare condition ” means a condition requiring that such steps shall be taken as may be necessary to bring land to the standard required for use for agriculture; and

• “ restoration condition ” has the meaning given to it in F2 paragraph 2(2) of Schedule 3 to the Act of 1997 .

For the purposes of the F3F4the Scottish Act of 1991the Scottish Acts of 1991 and 2003—

by reason only that, while occupied or used for the permitted activities, the land is not being used for agriculture within the meaning of that Act.

For the purposes of F5F6the Scottish Act of 1991the Scottish Acts of 1991 and 2003, the tenant of the holding shall not be taken to have failed to fulfil his responsibilities to farm in accordance with the rules of good husbandry—

For the purposes of F7the Scottish Act of 1991the Scottish Acts of 1991 and 2003 nothing done or omitted by the tenant or by the landlord of the holding by way of permitting any land in respect of which opencast planning permission has been granted to be occupied for the purpose of carrying on any of the permitted activities, or by way of facilitating the use of any of that land for that purpose, shall be taken to be a breach of any term or condition of the tenancy, either on the part of the tenant or on the part of the landlord.

For the purposes of section 22(2) of the Scottish Act of 1991 , no account is to be taken of permission granted as mentioned in paragraph ( b ) of that subsection F8 or (as the case may be) section 17(1)(a) of the Scottish Act of 2003 if the permission—

F10 The condition specified in section 24(1)(e) of the Scottish Act of 1991 (consent of Land Court to notice to quit where land to be used for purposes other than agriculture) shall not be treated as satisfiedF11, or (as the case may be) the resumption shall not be considered to be for a non-agricultural purpose under section 17(1)(a) of the Scottish Act of 2003, if the use for the purpose of which the landlord proposes to terminate the tenancy is the use of the land for carrying on any of the permitted activities.

F12On a reference to arbitration under section 13 of the Scottish Act of 1991On a determination under section 13 of the Scottish Act of 1991 or (as the case may be) under section 9 of the Scottish Act of 2003, with respect to the rent which should be properly payable for the holding, in respect of any period for which F13the person with the benefit of the opencast planning permission is in occupation of the holding, or of any part thereof, for the purpose of carrying on any of the permitted activities, the F14arbiterScottish Land Court or arbiter (as the case may be) shall not take into account any increase or diminution in the rental value of the holding in so far as that increase or diminution is attributable to the occupation of the holding, or of that part of the holding, by that person for the purpose of carrying on any of the permitted activities.

For the purpose of the operation of section 15 of the Scottish Act of 1991 (which relates to increases of rent for improvements carried out by the landlord)F15, or (as the case may be) section 10 of the Scottish Act of 2003 (increase in rent: landlord’s improvements), in relation to an improvement carried out on the holding, in a case where the improvement has been affected by anything done for the purpose of carrying on any of the permitted activities, the increase (if any) of the rental value of the holding attributable to the carrying out of the improvement shall be assessed as if the improvement had not been so affected.

The use of land for the working of coal by opencast operations shall not be a use for the purposes of which a landlord shall be entitled to resume the land.