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Agricultural Holdings (Scotland) Act 2003

2003 asp 11

CONTENTS

  1. Part 1

    Agricultural tenancies

    1. Chapter 1

      Types of tenancy

      1. Tenancies under the 1991 Act

        1. 1. Application of the 1991 Act to agricultural holdings

        2. 2. Conversion from 1991 Act tenancy to limited duration tenancy

      2. Leases for grazing or mowing

        1. 3. Leases for grazing or mowing

      3. New types of tenancy

        1. 4. Short limited duration tenancies

        2. 5. Limited duration tenancies

    2. Chapter 2

      General provision as to new types of tenancy

      1. Short limited duration tenancies and limited duration tenancies: general provision

        1. 6. Assignation, subletting and termination of short limited duration tenancies

        2. 7. Assignation and subletting of limited duration tenancies

        3. 8. Continuation and termination of limited duration tenancies

        4. 9. Review of rent under limited duration tenancies

        5. 10. Increase in rent: landlord’s improvements

        6. 11. Variation of rent by Land Court

        7. 12. Right of tenant to withhold rent

        8. 13. Written leases and the revision of certain leases

        9. 14. Freedom of cropping and disposal of produce

        10. 15. Permanent pasture

        11. 16. Fixed equipment etc.

        12. 17. Resumption of land by landlord

        13. 18. Irritancy of lease and good husbandry

        14. 19. Resumption and irritancy: supplementary

      2. Succession to short limited duration tenancies and limited duration tenancies

        1. 20. Section 16 of the Succession (Scotland) Act 1964

        2. 21. Bequest of lease

        3. 22. Right of landlord to object to acquirer of tenancy

        4. 23. Effect of termination of tenancy where tenant deceased

  2. Part 2

    Tenant’s right to buy land

    1. Registration of interest and the right to buy

      1. 24. The Keeper and the Register

      2. 25. Registration of tenant’s interest

      3. 26. Notice of proposal to transfer land

      4. 27. Transfers not requiring notice

      5. 28. Right to buy

      6. 29. Exercise of right to buy

      7. 30. Meaning of “creditor in a standard security with a right to sell land”

      8. 31. Effect of extinguishing of right to buy

    2. Procedure for buying and valuation

      1. 32. Procedure for buying

      2. 33. Appointment of valuer

      3. 34. Valuation of the land

      4. 35. Special provision where buyer is general partner in limited partnership

      5. 36. Valuation etc.: further provision

      6. 37. Appeal to Lands Tribunal against valuation

      7. 38. Referral of certain matters by Lands Tribunal to Land Court

  3. Part 3

    Use of agricultural land: diversification

    1. 39. Use of land for non-agricultural purposes

    2. 40. Notice of and objection to diversification

    3. 41. Imposition of conditions by Land Court

    4. 42. Tenant’s right to timber

  4. Part 4

    Compensation under agricultural tenancies

    1. Chapter 1

      Compensation for improvements

      1. 1991 Act tenancies

        1. 43. Agreements as to compensation for improvements

        2. 44. Amount of compensation where grant made to tenant

      2. Short limited duration tenancies and limited duration tenancies

        1. 45. Right to compensation for improvements

        2. 46. Payment of compensation by incoming tenant

        3. 47. Amount of compensation

        4. 48. Consent required for compensation in certain cases

        5. 49. Notice required for certain improvements

    2. Chapter 2

      Compensation for disturbance and diversification etc.

      1. 1991 Act tenancies

        1. 50. Compensation for disturbance and for damage by game

        2. 51. Compensation arising as a result of diversification etc.

      2. Short limited duration tenancies and limited duration tenancies

        1. 52. Compensation for disturbance

        2. 53. Compensation for other particular things

    3. Chapter 3

      Compensation where compulsory acquisition of land

      1. 54. Compensation where compulsory acquisition of land

    4. Chapter 4

      Miscellaneous provision as to compensation

      1. 55. Right to compensation for yielding vacant possession

      2. 56. No right to penal rent etc.

      3. 57. Provision as to parts of land and divided land

      4. 58. Compensation not payable where direction as to permanent pasture

      5. 59. Extent to which compensation recoverable under agreements

  5. Part 5

    Miscellaneous amendments to the 1991 Act

    1. 60. Agreements as to fixed equipment

    2. 61. Making of records

    3. 62. Interdict in certain cases

    4. 63. Variation of rent

    5. 64. Tenant’s right to withhold rent

    6. 65. Termination of tenancy

    7. 66. Assignation and subletting of tenancy

    8. 67. Notices to quit

    9. 68. Restoration of agricultural holding following mineral exploitation

    10. 69. Good husbandry and conservation activities

  6. Part 6

    Rights of certain persons where tenant is a partnership

    1. 70. Rights of certain persons where tenant is a partnership

    2. 71. Meaning of “family”

    3. 72. Rights of certain persons where tenant is a limited partnership

    4. 73. Termination of tenancy continued under section 72

    5. 74. Application of right to buy provisions

  7. Part 7

    Jurisdiction of the Land Court and the resolution of disputes

    1. 1991 Act tenancies

      1. 75. Jurisdiction of the Land Court

      2. 76. Arbitrations etc.

    2. Short limited duration tenancies and limited duration tenancies etc.

      1. 77. Resolution of disputes by Land Court

      2. 78. Agreement to refer matters to arbitration

      3. 79. Arbitration: procedure etc.

      4. 80. Other provisions as to the resolution of disputes

      5. 81. Clauses in leases as to resolution of disputes

    3. Jurisdiction of the Land Court: further provision

      1. 82. Amendment of the Scottish Land Court Act 1993

      2. 83. Power to amend Land Court’s jurisdiction

      3. 84. Power of Land Court to grant remedies etc.

      4. 85. Remit from Land Court to sheriff or Court of Session

      5. 86. Remit to Land Court by sheriff or Court of Session

      6. 87. Transmission of case where contingency

      7. 88. Appeal from Land Court to Court of Session

      8. 89. Expenses in sheriff court and Court of Session

      9. 90. Conduct of arbiter and setting aside of arbiter’s award

  8. Part 8

    General provisions

    1. 91. Orders and regulations

    2. 92. Ancillary provision

    3. 93. Interpretation

    4. 94. Amendments to enactments

    5. 95. Short title, Crown application and commencement

    1. Schedule

      Amendments to enactments

The Bill for this Act of the Scottish Parliament was passed by the Parliament on 12th March 2003 and received Royal Assent on 22nd April 2003

An Act of the Scottish Parliament to amend the law relating to agricultural holdings under the Agricultural Holdings (Scotland) Act 1991; to provide for new forms of agricultural tenancies and to make provision in relation to these tenancies; to provide for the right of certain agricultural tenants to buy land; to provide for the use of certain agricultural land for non-agricultural purposes; to make special provision for certain agricultural tenancies where the tenant is a partnership; to make new provision for the resolution of disputes between landlords and tenants arising under agricultural tenancies; and for connected purposes.

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