Royal Arms Agricultural Holdings (Scotland) Act 2003

2003 asp 11


 

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Agricultural Holdings (Scotland) Act 2003

2003 asp 11

 
 
 
CONTENTS

PART 1
AGRICULTURAL TENANCIES
CHAPTER 1
TYPES OF TENANCY
Tenancies under the 1991 Act
Section 
1Application of the 1991 Act to agricultural holdings
2Conversion from 1991 Act tenancy to limited duration tenancy

Leases for grazing or mowing
3Leases for grazing or mowing

New types of tenancy
4Short limited duration tenancies
5Limited duration tenancies

CHAPTER 2
GENERAL PROVISION AS TO NEW TYPES OF TENANCY
Short limited duration tenancies and limited duration tenancies: general provision
6Assignation, subletting and termination of short limited duration tenancies
7Assignation and subletting of limited duration tenancies
8Continuation and termination of limited duration tenancies
9Review of rent under limited duration tenancies
10Increase in rent: landlord's improvements
11Variation of rent by Land Court
12Right of tenant to withhold rent
13Written leases and the revision of certain leases
14Freedom of cropping and disposal of produce
15Permanent pasture
16Fixed equipment etc.
17Resumption of land by landlord
18Irritancy of lease and good husbandry
19Resumption and irritancy: supplementary

Succession to short limited duration tenancies and limited duration tenancies
20Section 16 of the Succession (Scotland) Act 1964
21Bequest of lease
22Right of landlord to object to acquirer of tenancy
23Effect of termination of tenancy where tenant deceased

PART 2
TENANT'S RIGHT TO BUY LAND
Registration of interest and the right to buy
24The Keeper and the Register
25Registration of tenant's interest
26Notice of proposal to transfer land
27Transfers not requiring notice
28Right to buy
29Exercise of right to buy
30Meaning of "creditor in a standard security with a right to sell land"
31Effect of extinguishing of right to buy

Procedure for buying and valuation
32Procedure for buying
33Appointment of valuer
34Valuation of the land
35Special provision where buyer is general partner in limited partnership
36Valuation etc.: further provision
37Appeal to Lands Tribunal against valuation
38Referral of certain matters by Lands Tribunal to Land Court

PART 3
USE OF AGRICULTURAL LAND: DIVERSIFICATION
39Use of land for non-agricultural purposes
40Notice of and objection to diversification
41Imposition of conditions by Land Court
42Tenant's right to timber

PART 4
COMPENSATION UNDER AGRICULTURAL TENANCIES
CHAPTER 1
COMPENSATION FOR IMPROVEMENTS
1991 Act tenancies
43Agreements as to compensation for improvements
44Amount of compensation where grant made to tenant

Short limited duration tenancies and limited duration tenancies
45Right to compensation for improvements
46Payment of compensation by incoming tenant
47Amount of compensation
48Consent required for compensation in certain cases
49Notice required for certain improvements

CHAPTER 2
COMPENSATION FOR DISTURBANCE AND DIVERSIFICATION ETC.
1991 Act tenancies
50Compensation for disturbance and for damage by game
51Compensation arising as a result of diversification etc.

Short limited duration tenancies and limited duration tenancies
52Compensation for disturbance
53Compensation for other particular things

CHAPTER 3
COMPENSATION WHERE COMPULSORY ACQUISITION OF LAND
54Compensation where compulsory acquisition of land

CHAPTER 4
MISCELLANEOUS PROVISION AS TO COMPENSATION
55Right to compensation for yielding vacant possession
56No right to penal rent etc.
57Provision as to parts of land and divided land
58Compensation not payable where direction as to permanent pasture
59Extent to which compensation recoverable under agreements

PART 5
MISCELLANEOUS AMENDMENTS TO THE 1991 ACT
60Agreements as to fixed equipment
61Making of records
62Interdict in certain cases
63Variation of rent
64Tenant's right to withhold rent
65Termination of tenancy
66Assignation and subletting of tenancy
67Notices to quit
68Restoration of agricultural holding following mineral exploitation
69Good husbandry and conservation activities

PART 6
RIGHTS OF CERTAIN PERSONS WHERE TENANT IS A PARTNERSHIP
70Rights of certain persons where tenant is a partnership
71Meaning of "family"
72Rights of certain persons where tenant is a limited partnership
73Termination of tenancy continued under section 72
74Application of right to buy provisions

PART 7
JURISDICTION OF THE LAND COURT AND THE RESOLUTION OF DISPUTES
1991 Act tenancies
75Jurisdiction of the Land Court
76Arbitrations etc.

Short limited duration tenancies and limited duration tenancies etc.
77Resolution of disputes by Land Court
78Agreement to refer matters to arbitration
79Arbitration: procedure etc.
80Other provisions as to the resolution of disputes
81Clauses in leases as to resolution of disputes

Jurisdiction of the Land Court: further provision
82Amendment of the Scottish Land Court Act 1993
83Power to amend Land Court's jurisdiction
84Power of Land Court to grant remedies etc.
85Remit from Land Court to sheriff or Court of Session
86Remit to Land Court by sheriff or Court of Session
87Transmission of case where contingency
88Appeal from Land Court to Court of Session
89Expenses in sheriff court and Court of Session
90Conduct of arbiter and setting aside of arbiter's award

PART 8
GENERAL PROVISIONS
91Orders and regulations
92Ancillary provision
93Interpretation
94Amendments to enactments
95Short title, Crown application and commencement
 

 
    Schedule-Amendments to enactments
 


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Prepared 1 May 2003