Land Reform (Scotland) Act 2016

(32A) (1) This Part applies where the tenant of an agricultural holding to which subsection (2) applies wishes to quit the tenancy before the date on which the tenancy could otherwise be brought to an end by notice of intention to quit or, failing which, assign the lease to an individual who is a new entrant to, or who is progressing in, farming. (2) This subsection applies to an agricultural holding in respect of which— (a) the lease was entered into before 27 November 2003, or (b) the lease— (i) was entered into in writing on or after that date but prior to the commencement of the tenancy, and (ii) expressly states that this Act is to apply to the tenancy. (32B) (1) The Scottish Ministers may by regulations make further provision about the individuals who are new entrants to, or who are progressing in, farming for the purposes of this Part. (2) Regulations under subsection (1) are subject to the negative procedure. Notice of intention to relinquish (32C) (1) The tenant may serve notice in writing on the landlord of the holding indicating that the tenant will quit the tenancy provided the landlord pays to the tenant an amount, calculated in accordance with section 32L, as compensation for so doing. (2) A notice served under subsection (1) is a “notice of intention to relinquish”. (3) The tenant must, at the same time as serving a notice of intention to relinquish, send a copy of the notice to the Tenant Farming Commissioner. (32D) (1) The Scottish Ministers may by regulations prescribe the form and content of notices of intention to relinquish. (2) Regulations under subsection (1) may, in particular, include provision for— (a) such notices to be dated, (b) such notices to state— (i) the names and designations of the landlord and the tenant of the agricultural holding, (ii) the name (if any) and the address of the holding or such other description of the holding as will identify it, (iii) the rent currently payable in respect of the holding, (iv) the date on which the rent for the holding was last varied or, as the case may be, continued unchanged (whether by agreement or by determination of the Land Court), (v) the improvements (if any) carried out to the holding by the tenant, (c) the information that must or may accompany such notices (which may include maps or plans of the holding). (3) Regulations under subsection (1) are subject to the negative procedure. (32E) (1) A tenant may not serve a notice of intention to relinquish if, at the date of service, any of subsections (2) to (7) apply. (2) This subsection applies where the tenant has served notice of intention to quit. (3) This subsection applies where the tenant has failed to comply with a written demand, served on the tenant by the landlord, requiring the tenant— (a) to pay rent due in respect of the holding within 2 months from the date of service of the demand, or (b) to remedy a relevant breach within a reasonable time. (4) In subsection (3)(b), a “relevant breach” is a breach by the tenant of a condition of the tenancy which— (a) is capable of being remedied, and (b) is not inconsistent with the fulfilment of the tenant's responsibilities to farm in accordance with the rules of good husbandry. (5) This subsection applies where the landlord has served notice to quit to which section 22(2) applies. (6) This subsection applies where the landlord has served notice to quit to which section 22(2) does not apply and— (a) the period mentioned in section 23(1) within which the landlord may apply to the Land Court for consent to the operation of the notice has not expired, (b) the landlord has applied in accordance with that section and the Land Court has yet to reach a decision, or (c) the Land Court has, on such an application, consented to the notice and— (i) any period within which an appeal may be made against that decision has not expired, (ii) such a period has expired without an appeal having been made, or (iii) an appeal having been made, the decision of the Land Court to consent to the notice has been upheld. (7) This subsection applies where, in relation to a notice to quit to which section 22(2) does not apply, the Land Court has, following an application under section 23(1), refused consent to its operation and— (a) any period within which an appeal may be made against that decision has not expired, (b) an appeal has been made but not determined, or (c) the decision of the Land Court to refuse consent to the notice has been quashed. (32F) (1) This section applies where a tenant serves a notice of intention to relinquish. (2) During the relevant period, sections 22 to 24 and 43 have effect in relation to the tenancy subject to the following modifications. (3) The relevant period is the period beginning with the date of service of the notice of intention to relinquish and ending with— (a) the date the tenancy is terminated under section 32T(2), or (b) the date on which the period of 1 year mentioned in section 32U(2) expires. (4) Section 22(2) has effect as if— (a) paragraphs (a) and (b) were omitted, and (b) for “any of paragraphs (a) to (f)” there were substituted “ any of paragraphs (c) to (f) ”. (5) Section 24(1) has effect as if paragraph (e) were omitted. (6) Section 43 has effect as if, for subsection (2), there were substituted— (2) Compensation is not payable under this section where— (a) the notice to quit relates to land being permanent pasture which the landlord has been in the habit of letting annually for seasonal grazing or of keeping in the landlord's own occupation and which has been let to the tenant for a definite and limited period for cultivation as arable land on condition that the tenant must, along with the last or waygoing crop, sow permanent grass seeds, or (b) the application of section 22(1) to the notice to quit is excluded by any of paragraphs (c) to (f) of subsection (2) of that section. (32G) (1) This section applies where the Tenant Farming Commissioner receives a copy of a notice of intention to relinquish. (2) The Commissioner must, before the expiry of the period mentioned in subsection (3), appoint a person, who meets the requirements mentioned in subsection (4), to— (a) carry out the assessment mentioned in section 32J(1), and (b) calculate the amount to be payable by the landlord to the tenant as compensation for the tenant quitting the tenancy were the landlord to accept the notice of intention to relinquish. (3) The period is— (a) the period of 14 days beginning with the date on which the notice is served, or (b) such other period specified by the Scottish Ministers by regulations. (4) The requirements referred to in subsection (2) are that the person appears to the Commissioner— (a) to be independent of the landlord and the tenant, and (b) to possess qualifications, knowledge and experience suitable for assessing the— (i) value of agricultural land, both with vacant possession and where subject to agricultural holdings, and (ii) compensation that may be payable to tenants and landlords of such holdings. (5) A person appointed under subsection (2) is the “valuer”. (6) The Tenant Farming Commissioner must give notice in writing to the tenant and the landlord of the name and address of the valuer appointed under subsection (2). (7) Regulations under subsection (3)(b) are subject to the negative procedure. (32H) (1) This section applies where the tenant or the landlord objects to the person appointed under section 32G(2) by the Tenant Farming Commissioner on one or more of the grounds mentioned in subsection (2). (2) Those grounds are that the person— (a) is not independent of the landlord or, as the case may be, the tenant, or (b) does not possess the qualifications, knowledge and experience mentioned in section 32G(4)(b). (3) The tenant or, as the case may be, the landlord may apply to the Land Court to appoint a person as the valuer in place of the person appointed by the Tenant Farming Commissioner. (4) An application under subsection (3)— (a) must— (i) be made before the expiry of the period of 14 days beginning with the date of the notice under section 32G(6), and (ii) state the ground of objection to the person appointed by the Tenant Farming Commissioner, and (b) may propose a person to be appointed as the valuer in place of that person. (5) The Land Court may, on an application under subsection (3)— (a) reject the objection, or (b) appoint a person as the valuer (whether a person proposed in the application or not). (6) The decision of the Land Court on an application under subsection (3) is final. (32I) (1) The tenant is responsible for meeting the expenses, incurred in carrying out functions under this Part, of a valuer appointed— (a) by the Tenant Farming Commissioner under section 32G(2), or (b) by the Land Court under section 32H(5)(b). (2) Where, in the case of a valuer appointed under section 32G(2), those expenses have been met by the Tenant Farming Commissioner, the Commissioner is entitled to recover them from the tenant. (32J) (1) The valuer is to assess— (a) the value of the land to which the holding relates— (i) if sold with vacant possession, (ii) if sold with the tenant still in occupation, and (b) the amount of compensation— (i) to which the tenant would be entitled, by virtue of Part 4, sections 40 and 41 or any agreement applying in place of that Part or those sections, in relation to any improvements to the holding, (ii) to which the tenant would be entitled under section 44, and (iii) to which the landlord would be entitled under sections 45 and 45A. (2) In assessing the value of the land under subsection (1)(a)(i) or (ii), the valuer— (a) is to have regard to the value that would be likely to be agreed between a reasonable seller and buyer of such land assuming the seller and buyer are, as respects the transaction, willing, (b) is to take account— (i) of when the landlord would in the normal course of events have been likely to recover vacant possession of the land from the tenant, (ii) of the terms and conditions of any lease, other than the lease of the holding, affecting the land, (c) is to take no account of— (i) the existence of any person to whom the tenant could assign the lease of the holding under section 10A or to whom the lease could be bequeathed under section 11, (ii) the absence of the period of time during which the land would, on the open market, be likely to be advertised and exposed for sale, (iii) any factor attributable to any use of the land which is or would be unlawful, (iv) any increase in the value of the land resulting from improvements in relation to which the tenant would be entitled to compensation as mentioned in subsection (1)(b)(i) and (ii), (v) any increase in the value of the land resulting from the use of any of the land, or changes to the land, for a purpose that is not one permitted by the lease of the holding, (vi) any reduction in the value of the land resulting from any dilapidation or deterioration of, or damage to, fixed equipment or land caused or permitted by the tenant in relation to which the landlord would be entitled to compensation as mentioned in subsection (1)(b)(iii), (vii) any reduction in the value of the land resulting from the use of any of the land, or changes to the land, for a purpose that is not one permitted by the lease of the holding. (3) For the purposes of subsection (2)(c)(iv)— (a) subject to paragraph (b), “improvements” is to be construed by reference to schedule 5, and (b) the continuous adoption by the tenant of a standard of farming more beneficial to the land than the standard or system required by the lease or, in so far as no system of farming is so required, than the system of farming normally practised on comparable agricultural land in the district, is to be treated as an improvement executed at the tenant's expense. (4) The valuer is to calculate, in accordance with section 32L, the amount to be payable by the landlord to the tenant as compensation were the landlord to accept the notice of intention to relinquish. (5) The Scottish Ministers may by regulations amend subsections (2) and (3) so as to— (a) add, (b) remove, (c) vary the description of, a matter which the valuer must have regard to, take account of or take no account of in assessing the value of the land under subsection (1)(a)(i) or (ii). (6) Regulations under subsection (5) are subject to the affirmative procedure. (32K) (1) The valuer is— (a) to invite the landlord and the tenant to make written representations about the assessment under section 32J(1), and (b) to have regard to any such representations. (2) The valuer may— (a) enter onto land, and (b) make any reasonable request of the landlord and tenant, for the purposes of any assessment under section 32J(1). (32L) The amount to be payable by the landlord to the tenant as compensation were the landlord to accept the notice of intention to relinquish is to be calculated as follows: - Step 1 Deduct from the value of the land to which the holding relates if sold with vacant possession the value of the land if sold with the tenant still in occupation (both as assessed under section 32J(1) or, as the case may be, 32N(3)(a)). - Step 2 Divide the amount calculated under Step 1 by 2. - Step 3 Add to the amount of compensation to which the tenant would be entitled in relation to improvements the amount of compensation to which the tenant would be entitled under section 44 (as so assessed). - Step 4 Deduct from the amount calculated under Step 3 the amount of compensation to which the landlord would be entitled under sections 45 and 45A (as so assessed). - Step 5 Add to the amount calculated under Step 2 the amount calculated under Step 4. (32M) (1) The valuer must, before the expiry of the period mentioned in subsection (2), serve a notice in writing, specifying the matters mentioned in subsection (3), on— (a) the tenant, and (b) the landlord. (2) The period is the period of 8 weeks beginning with— (a) the date on which the period, within which an application under section 32H(3) may be made, expires, or (b) where such an application is made, the date of the Land Court's decision on it. (3) The matters are— (a) the value, assessed under section 32J(1)(a), of the land to which the holding relates— (i) if sold with vacant possession, and (ii) if sold with the tenant still in occupation, (b) the amount, assessed under section 32J(1)(b), of compensation— (i) to which the tenant would be entitled in relation to any improvements to the holding, (ii) to which the tenant would be entitled under section 44, (iii) to which the landlord would be entitled under section 45 and 45A, and (c) the amount, calculated in accordance with section 32L, to be payable by the landlord to the tenant as compensation were the landlord to accept the tenant's notice of intention to relinquish. (4) The notice must also— (a) be dated, (b) state the date of valuation of each of the values and amounts mentioned in subsection (3), and (c) set out how the valuer arrived at each of those values and amounts. (5) The notice may also contain or be accompanied by any other information that the valuer considers appropriate. (6) A notice served under subsection (1) is a “notice of assessment”. (7) The valuer must, at the same time as serving a notice of assessment, send a copy of the notice to the Tenant Farming Commissioner. (32N) (1) The tenant or the landlord may appeal to the Lands Tribunal against a notice of assessment. (2) An appeal under this section must— (a) state the grounds on which it is being made, and (b) be lodged before the expiry of the period of 21 days beginning with the date the notice of assessment was served. (3) The Lands Tribunal may— (a) reassess any value or amount of compensation mentioned in section 32J(1) (and any factor affecting the value or amount), (b) determine the amount to be payable by the landlord to the tenant as compensation, calculated in accordance with section 32L, were the landlord to accept the tenant's notice of intention to relinquish. (4) The valuer whose assessment is appealed against may be a witness in the appeal proceedings. (5) In the appeal proceedings, in addition to the landlord and the tenant, the following persons are entitled to be heard— (a) where the landlord is a creditor in a standard security, the owner of the land, (b) where the landlord is the owner of the land, any creditor in a standard security over the land or any part of it. (6) The Lands Tribunal is to give written reasons for its decision on an appeal under this section. (7) The decision of the Lands Tribunal in an appeal under this section is final. (32O) Where, in an appeal before the Lands Tribunal under section 32N, an issue of law arises which may competently be determined by the Land Court by virtue of this Act or the 2003 Act, the Tribunal is to refer the issue to the Land Court for determination unless the Tribunal considers that it is not appropriate to do so. (32P) (1) The tenant may, before the expiry of the period mentioned in subsection (2), withdraw a notice of intention to relinquish by serving notice on the landlord. (2) The period is— (a) the period of 35 days beginning with the day the notice of assessment is served, or (b) if an appeal is made to the Lands Tribunal under section 32N, the period of 14 days beginning with the date of the Tribunal's decision. (3) The tenant must, at the same time as serving notice under subsection (1), send a copy of the notice to— (a) the Tenant Farming Commissioner, (b) any valuer appointed under section 32G(2) or, as the case may be, 32H(5)(b). (4) Where the tenant serves notice under subsection (1)— (a) if no person has been appointed as the valuer under section 32G(2), the Tenant Farming Commissioner need not so appoint a person, (b) if a valuer has been appointed under section 32G(2) or, as the case may be, 32H(5)(b), the valuer's appointment comes to an end. (32Q) (1) The section applies where the landlord wishes to accept the tenant's notice of intention to relinquish. (2) The landlord must— (a) serve notice on the tenant which complies with subsection (3), and (b) pay the amount of compensation calculated under section 32L before the expiry of the period mentioned in subsection (5). (3) A notice complies with this subsection if it— (a) is served before the expiry of the period mentioned in subsection (4), and (b) states that the landlord will, in exchange for the tenant quitting the tenancy, pay to the tenant— (i) the amount of compensation assessed by the valuer and specified in the notice of assessment, or (ii) where the Lands Tribunal has determined under section 32N(3)(b) that the compensation should be a different amount, that amount. (4) The period referred to in subsection (3)(a) is the period of 28 days beginning with the date on which the period, within which the tenant may, under section 32P, withdraw the notice of intention to relinquish, expires. (5) The period referred to in subsection (2)(b) is the period of 6 months beginning with the date on which the period, within which the tenant may, under section 32P, withdraw the notice of intention to relinquish, expires. (6) A notice served under subsection (2)(a) is a “notice of acceptance”. (7) The landlord must, at the same time as serving a notice of acceptance, send a copy of the notice to the Tenant Farming Commissioner. (8) The Scottish Ministers may by regulations specify the form and content of notices of acceptance. (9) Regulations under subsection (8) are subject to the negative procedure. (32R) (1) The landlord may, at any time before the expiry of the period of 28 days mentioned in section 32Q(4), serve notice on the tenant stating that the landlord does not wish to accept the notice of intention to relinquish. (2) A notice served under subsection (1) is a “notice of declinature”. (3) The landlord must, at the same time as serving a notice of declinature, send a copy of the notice to— (a) the Tenant Farming Commissioner, (b) any valuer appointed under section 32G(2) or, as the case may be, 32H(5)(b). (4) Where the landlord serves notice of declinature— (a) if no person has been appointed as the valuer under section 32G(2), the Tenant Farming Commissioner need not so appoint a person, (b) if a valuer has been appointed under section 32G(2) or, as the case may be, 32H(5)(b), the valuer's appointment comes to an end. (32S) (1) A landlord may, at any time before the expiry of the period of 6 months mentioned in section 32Q(5), withdraw a notice of acceptance by serving notice in writing on the tenant. (2) A notice served under subsection (1) is a “notice of withdrawal”. (3) The landlord must, at the same time as serving notice of withdrawal, send a copy of the notice to the Tenant Farming Commissioner. (4) The tenant is entitled to recover from the landlord any loss or expense incurred in reliance on the landlord's notice of acceptance. (32T) (1) This section applies where, on or before the expiry of the period mentioned in section 32Q(5), the landlord pays to the tenant the amount of compensation in accordance with section 32Q(2)(b). (2) The tenancy comes to an end— (a) on the expiry of that period, or (b) on such earlier date as the tenant and landlord may agree. (3) Where a tenancy is terminated under subsection (2), section 21 does not apply in respect of the tenancy. (4) Any claim or entitlement to compensation or any other payment, other than to the compensation mentioned in section 32J(1)(b), is preserved despite the payment of compensation in accordance with section 32Q(2)(b). (32U) (1) This section applies where the tenant serves notice of intention to relinquish and the landlord— (a) serves notice of declinature, (b) fails to serve notice of acceptance before the expiry of the period of 28 days mentioned in section 32Q(4), or (c) serves notice of acceptance but— (i) serves notice of withdrawal before the expiry of the period of 6 months mentioned in section 32Q(5), or (ii) fails to pay the amount of compensation required before the expiry of that period in accordance with section 32Q(2)(b). (2) The tenant may, before the expiry of the period of 1 year beginning with the date mentioned in subsection (3), assign the lease of the holding to an individual who is a new entrant to, or who is progressing in, farming. (3) That date is— (a) the date notice of declinature is served, (b) where the landlord fails to serve notice of acceptance before the expiry of the period of 28 days mentioned in section 32Q(4), the date falling at the end of that period, (c) the date notice of withdrawal is served, or (d) where the landlord fails to pay the amount of compensation required before the expiry of the period of 6 months mentioned in section 32Q(5), the date falling at the end of that period. (32V) Section 10A has effect in relation to an assignation by virtue of section 32U(2)— (a) as if subsections (1), (1A) and (6) were omitted, (b) as if, for subsections (3), (3A) and (3B) there were substituted— (3) The landlord may withhold consent to the proposed assignation if— (a) the proposed assignee is not an individual who is a new entrant to farming or who is progressing in farming, or (b) there are reasonable grounds for doing so. (3A) In subsection (3)(b), reasonable grounds include, in particular, that the landlord is not satisfied that the proposed assignee— (a) would have the ability to pay— (i) the rent due under the lease, or (ii) for adequate maintenance of the land, or (b) has the skills or experience that would be required properly to manage and maintain the land in accordance with the rules of good husbandry. (3B) The ground of objection in subsection (3A)(b) does not apply where the proposed assignee is a new entrant to farming and— (a) is engaged in or will begin, before the expiry of the period of 6 months beginning with the date of the notice under subsection (2), a course of relevant training in agriculture which the person is expected to complete satisfactorily within 4 years from that date, and (b) has made arrangements to secure that the holding is farmed with reasonable efficiency until the person completes that course. (32W) In this Part— - “new entrant to farming” and “person progressing in farming” are to be construed in accordance with section 32B, - “notice of acceptance” has the meaning given by section 32Q(6), - “notice of assessment” has the meaning given by section 32M(6), - “notice of declinature” has the meaning given by section 32R(2), - “notice of intention to relinquish” has the meaning given by section 32C(2), - “notice of withdrawal” has the meaning given by section 32S(2), - “Tenant Farming Commissioner” means the person appointed under section 10(1) of the Land Reform (Scotland) Act 2016, - “valuer” means the person appointed under section 32G(2) or, as the case may be, 32H(5)(b).

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Tenant’s offer to relinquish 1991 Act tenancy: consequential modifications

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• (1) In section 21(1) of the 1991 Act, after “section 20” insert “ and Part 3A ”.

• (2) The 2003 Act is amended as follows.

• (3) In section 55 (right to compensation for yielding vacant possession), in subsection (4), after “Where” insert “ the tenancy is a limited duration tenancy or a modern limited duration tenancy and ”.

• (4) After section 74 insert—

(74A) (1) The Scottish Ministers may by regulations provide that Part 3A of the 1991 Act does not apply in relation to such types of partnership who are tenants, and in such circumstances, as the regulations may specify. (2) The Scottish Ministers may by regulations— (a) provide that general partners, of such types of limited partnership as the regulations may specify, may, in such circumstances as may be so specified, exercise and enforce any rights of tenants conferred by Part 3A of that Act, (b) provide that Part 3A, in its application in relation to— (i) partnerships who are tenants, and (ii) such partners of partnerships as may exercise or enforce any rights of tenants conferred by that Part, has effect with or subject to such modifications as the regulations may specify, (c) make such further provision in relation to such partnerships and partners as they consider appropriate for the purposes of that Part. (3) Regulations under subsection (2) may make different provision for different types of partnership.

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CHAPTER 8 — Compensation for tenant's improvements

Amnesty for tenant's improvements

Amnesty for certain improvements by tenant

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• (1) This Chapter applies where, in respect of a relevant improvement—

• (a) a tenant of an agricultural holding to which the 1991 Act applies intends to claim compensation under section 34 of that Act, or

• (b) a tenant—

• (i) under a short limited duration tenancy within the meaning of section 4 of the 2003 Act,

• (ii) under a limited duration tenancy within the meaning of section 5 of that Act, or

• (iii) under a modern limited duration tenancy within the meaning of section 5A of that Act,

intends to claim compensation under section 45 of that Act.

• (2) A “relevant improvement” is a Part 1, Part 2 or Part 3 improvement completed before the beginning of the amnesty period.

• (3) In this Chapter the “amnesty period” means the period of 3 years and 6 months beginning with the day on which this section comes into force.

• (4) A tenant may give notice of the relevant improvement to the landlord in accordance with section 114.

• (5) A tenant may not give such notice where—

• (a) in relation to a Part 1 improvement—

• (i) the tenant carried out the improvement without the landlord's consent, or

• (ii) the landlord gave consent, whether orally or in writing, and the tenant carried out the improvement in a manner substantially different to the manner consented to,

• (b) in relation to a Part 2 improvement, the tenant had given notice under section 38(1) of the 1991 Act or, as the case may be, under section 49(1) of the 2003 Act and—

• (i) the tenant carried out the improvement in a manner substantially different to the manner proposed in the notice,

• (ii) the landlord objected to the improvement under section 39(1) of the 1991 Act or, as the case may be, under section 49(2) of the 2003 Act (as read with section 39(1) of the 1991 Act), or

• (iii) the tenant carried out the improvement in breach of any decision of the Land Court under section 39(2) of the 1991 Act or, as the case may be, under section 49(2) of the 2003 Act (as read with section 39(2) of the 1991 Act),

• (c) in relation to a Part 3 improvement, the tenant had given notice under section 34(8) of the 1991 Act and the tenant carried out the improvement in a manner substantially different to the manner proposed in the notice.

• (6) Nothing in this section affects the extent to which compensation for a relevant improvement is recoverable by a tenant under custom, agreement or otherwise by virtue of the 1991 Act or 2003 Act in lieu of any compensation by virtue of this Chapter.

• (7) In this section—

• (a) a “Part 1 improvement” means—

• (i) an improvement specified in Part 1 of schedule 3 of the 1991 Act and begun before 31 July 1931,

• (ii) an improvement specified in Part 1 of schedule 4 of the 1991 Act and begun on or after 31 July 1931 and before 1 November 1948, or

• (iii) an improvement specified in Part 1 of schedule 5 of the 1991 Act, and begun on or after 1 November 1948,

• (b) a “Part 2 improvement” means—

• (i) an improvement specified in Part 2 of schedule 3 of the 1991 Act and begun before 31 July 1931,

• (ii) an improvement specified in Part 2 of schedule 4 of the 1991 Act and begun on or after 31 July 1931 and before 1 November 1948, or

• (iii) an improvement specified in Part 2 of schedule 5 of the 1991 Act and begun on or after 1 November 1948,

• (c) a “Part 3 improvement” means—

• (i) an improvement specified in paragraph 29 of schedule 3 of the 1991 Act and begun before 31 July 1931, or

• (ii) an improvement specified in paragraph 29 of schedule 4 of the 1991 Act and begun on or after 31 July 1931 and before 1 November 1948.

Amendment of the Agricultural Holdings (Scotland) Acts

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• (1) After section 34 of the 1991 Act insert—

(34A) A tenant of an agricultural holding is entitled to compensation under section 34 if Chapter 8 of Part 10 of the Land Reform (Scotland) Act 2016 applies.

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• (2) After section 45 of the 2003 Act insert—

(45A) A tenant under a short limited duration tenancy, a limited duration tenancy or a modern limited duration tenancy is entitled to compensation under section 45 if Chapter 8 of Part 10 of the Land Reform (Scotland) Act 2016 applies.

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Amnesty notice

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• (1) A notice given in accordance with this section is an “amnesty notice”.

• (2) An amnesty notice must be in writing and given to the landlord within the amnesty period.

• (3) An amnesty notice must be dated and state the following—

• (a) the names and designations of the landlord and the tenant,

• (b) the name (if any) and the address or such other description of the holding as will identify it,

• (c) details of the relevant improvement, including the manner in which the improvement was carried out,

• (d) the tenant's reasons as to why it is fair and equitable for compensation to be payable for the improvement on the tenant quitting the holding at the termination of the tenancy.

• (4) Section 84(4) of the 1991 Act applies to the giving of an amnesty notice as it applies to the giving of a notice under that Act.

• (5) In this Chapter the “holding”, in the case of a short limited duration tenancy, limited duration tenancy or modern limited duration tenancy, means the land comprised in the lease.

Objection to amnesty notice and referral to Land Court

Objection by landlord

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• (1) Compensation under section 34 of the 1991 Act or, as the case may be, under section 45 of the 2003 Act is not payable to the tenant if, before the end of the period of 2 months beginning with the day on which the landlord receives an amnesty notice under section 114, the landlord objects to the relevant improvement or to part of it by giving notice in writing to the tenant.

• (2) A notice given under subsection (1) must be dated and must state the landlord's reasons for objecting to the relevant improvement or, as the case may be, to part of the relevant improvement.

• (3) The landlord's reasons for objecting must be one or more of the following—

• (a) that it is not fair and equitable for compensation to be payable for the relevant improvement on the tenant quitting the holding at the termination of the tenancy,

• (b) that the landlord carried out the improvement in whole or in part, or

• (c) the landlord gave or allowed a benefit to the tenant (under the lease or otherwise) in consideration of the tenant carrying out the improvement, whether or not the landlord agreed such benefit in writing.

Referral to Land Court

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• (1) Where the landlord has given notice of objection under section 115(1), the tenant may, before the end of the period of 2 months beginning with the day on which the tenant received the notice of objection, apply to the Land Court for approval of the relevant improvement for the purposes of section 34 of the 1991 Act or, as the case may be, section 45 of the 2003 Act.

• (2) The Land Court may—

• (a) approve the carrying out of the relevant improvement—

• (i) unconditionally, or

• (ii) upon such terms, as to reduction of the compensation which would otherwise be payable or as to other matters, as appears to it to be appropriate, or

• (b) withhold its approval.

• (3) Before approving a relevant improvement, the Land Court must be satisfied that—

• (a) the landlord has benefited or would benefit from the improvement, and

• (b) in all the circumstances it is just and equitable for compensation to be payable by the landlord for the improvement on the tenant quitting the holding at the termination of the tenancy.

• (4) No compensation is payable to the tenant to the extent that the Land Court determines that—

• (a) the landlord carried out the improvement, or

• (b) the landlord gave or allowed a benefit to the tenant (under the lease or otherwise) in consideration of the tenant carrying out the improvement, whether or not the landlord agreed such benefit in writing.

Agreements made during amnesty period

Amnesty agreements

117

• (1) Where no compensation is payable for a relevant improvement under section 34 of the 1991 Act or, as the case may be, under section 45 of the 2003 Act because a relevant requirement has not been met, the landlord and tenant may nonetheless enter into an agreement in writing during the amnesty period (an “amnesty agreement”) that the landlord will compensate the tenant for the improvement on the tenant quitting the holding at the termination of the tenancy.

• (2) Section 53 of the 1991 Act and section 59 of the 2003 Act do not apply where an amnesty agreement has been entered into.

• (3) The amount of compensation payable under an amnesty agreement must be as set out in section 36 of the 1991 Act or, as the case may be, in section 47 of the 2003 Act.

• (4) In subsection (1) a “relevant requirement” is a requirement, imposed by virtue of Part 4 of the 1991 Act or by virtue of Chapter 1 of Part 4 of the 2003 Act, compliance with which would entitle a tenant to compensation under section 34 of the 1991 Act or, as the case may be, under section 45 of the 2003 Act.

Resolution of disputes

Arbitration and other dispute resolution

118

• (1) In the 1991 Act—

• (a) in section 61 (agreement to refer matters to arbitration)—

• (i) in subsection (1), after “this Act” insert “ or section 116 of the Land Reform (Scotland) Act 2016 ”,

• (ii) in subsection (2)—

• (A) “8(6),” is repealed,

• (B) “39,” is repealed,

• (b) in section 61A(5) (arbitration: procedure etc.), after “this Act” insert “ or of section 116 of the Land Reform (Scotland) Act 2016 ”,

• (c) in section 61B (clauses in leases as to resolution of disputes), after “under this Act” insert “ or under section 116 of the Land Reform (Scotland) Act 2016 ”.

• (2) In section 1(7A) of the Scottish Land Court Act 1993, for “or the Agricultural Holdings (Scotland) Act 2003” substitute “ , the Agricultural Holdings (Scotland) Act 2003 or section 116 of the Land Reform (Scotland) Act 2016 ”.

• (3) In the 2003 Act—

• (a) in section 78 (agreement to refer matters to arbitration)—

• (i) in subsection (1), after “this Act” insert “ or by virtue of section 116 of the Land Reform (Scotland) Act 2016 ”,

• (ii) in subsection (2), for “section 21, 22 or 49(2)” substitute “ section 21 or 22 ”,

• (b) in section 79(5) (arbitration: procedure etc.), after “this Act” insert “ or by virtue of section 116 of the Land Reform (Scotland) Act 2016 ”,

• (c) in section 81 (clauses in leases as to resolution of disputes), after “this Act” insert “ or by virtue of section 116 of the Land Reform (Scotland) Act 2016 ”.

CHAPTER 9 — Improvements by landlord

Notice required for certain improvements by landlord

119

• (1) The 1991 Act is amended as follows.

• (2) After section 14 insert—

(14A) (1) This section applies where the landlord of an agricultural holding intends to carry out a relevant improvement. (2) A “relevant improvement” is an improvement specified in schedule 5 which is not intended to be carried out— (a) at the request of or in agreement with the tenant, (b) in pursuance of an undertaking given by landlord under section 39(3), or (c) in pursuance of a direction given by the Scottish Ministers under powers conferred on them by or under any enactment. (3) The landlord must give notice in writing to the tenant before carrying out the relevant improvement, unless section 14F applies. (4) A notice served in accordance with this section is a “landlord improvement notice”. (5) A landlord improvement notice must be dated and state the following— (a) the names and designations of the landlord and the tenant, (b) the name (if any) and the address of the holding or such other description of the holding as will identify it, (c) details of the intended improvement, including the manner of the improvement, (d) the landlord's reasons as to why the improvement is necessary to enable the tenant to fulfil the tenant's responsibilities to farm the holding in accordance with the rules of good husbandry. (14B) (1) Where the landlord has given a landlord improvement notice under section 14A, the tenant may object to the improvement or to part of it by giving notice in writing to the landlord before the end of the period of 2 months beginning with the day on which the tenant received the landlord improvement notice. (2) A notice under subsection (1) must be dated and must state the tenant's reasons as to why the improvement is not necessary to enable the tenant to fulfil the tenant's responsibilities to farm the holding in accordance with the rules of good husbandry. (14C) (1) Where the tenant has given notice of objection under section 14B the landlord may, before the end of the period of 2 months beginning with the day on which the landlord received the notice of objection, apply to the Land Court for approval of the relevant improvement. (2) The Land Court may— (a) approve the carrying out of the relevant improvement— (i) unconditionally, or (ii) upon such terms as appear to it to be appropriate, or (b) withhold its approval. (3) Before approving a relevant improvement, the Land Court must be satisfied that the improvement is necessary to enable the tenant to fulfil the tenant's responsibilities to farm the holding in accordance with the rules of good husbandry. (14D) (1) This section applies where an improvement is to be carried out by the landlord— (a) at the request of or in agreement with the tenant, (b) in pursuance of an undertaking given by the landlord under section 39(3), (c) in pursuance of a direction given by the Scottish Ministers under powers conferred on them by or under any enactment, or (d) after the landlord has given a landlord improvement notice in accordance with section 14A and— (i) the tenant has not given notice of objection in accordance with section 14B, or (ii) the tenant has given such notice of objection but the Land Court has approved the improvement under section 14C(2)(a). (2) The landlord must give notice in writing to the tenant stating the period during which the landlord intends to carry out the improvement. (3) Unless the landlord and tenant agree otherwise, that period must not commence earlier than the expiry of 2 weeks beginning with the day on which the landlord gives notice under subsection (2). (4) Where the landlord has not begun to carry out an improvement, notice of which has been given under subsection (2), and there is a good reason for postponing the carrying out of the improvement, the landlord may give a new notice under subsection (2). (5) Subsection (6) applies where the landlord has begun to carry out an improvement, notice of which has been given under subsection (2), and there is a good reason for extending the period during which the improvement is to be carried out. (6) The landlord may, at any time before the expiry of the period stated in the notice under subsection (2), extend the period by giving notice in writing to the tenant stating the extended period during which the landlord intends to carry out the improvement. (7) See section 14F on emergency improvements. (14E) (1) Subsection (2) applies where a landlord has carried out an improvement and— (a) the landlord did not give notice of the improvement to the tenant in accordance with section 14A, (b) the tenant objected to the improvement under section 14B and the Land Court has not approved the improvement under section 14C(2)(a), (c) the improvement is in breach of any decision of the Land Court under section 14C, (d) the improvement was not an emergency improvement as defined in section 14F. (2) Any such improvement is to be disregarded for the purposes of— (a) assessing the tenant's responsibilities— (i) in relation to farming the holding in accordance with the rules of good husbandry, (ii) in relation to fixed equipment under section 5(2)(b)(ii). (b) any subsequent rent review under schedule 1A. (14F) (1) Where a landlord or a tenant considers that an emergency improvement is required, sections 14A(3) and 14D(2), (3), (5) and (6) do not apply. (2) In this section an “emergency improvement” means a relevant improvement that is necessary for the purposes of— (a) protecting public health from infectious diseases, contamination or other hazards which constitute a danger to human health, (b) preventing a danger or potential danger to public safety, (c) enabling the tenant to comply with the requirements of the Animal Health and Welfare (Scotland) Act 2006, (d) securing the provision of essential services including electricity and water supply services, or (e) remedying an accident or natural cause or force majeure which was exceptional and could not reasonably have been foreseen.

.

• (3) The 2003 Act is amended as follows.

• (4) After section 10 insert—

(10A) (1) This section applies where the landlord of— (a) a short limited duration tenancy within the meaning of section 4, (b) a limited duration tenancy within the meaning of section 5, (c) a modern limited duration tenancy within the meaning of section 5A, or (d) subject to subsection (2), a repairing tenancy within the meaning of section 5C, intends to carry out a relevant improvement. (2) Subsection (1) does not apply in respect of the landlord of a repairing tenancy in relation to which the repairing period has not expired. (3) A “relevant improvement” is an improvement specified in schedule 5 of the 1991 Act which is not intended to be carried out— (a) at the request of or in agreement with the tenant, (b) in pursuance of an undertaking given by landlord under section 49(2) (as read with section 39(3) of the 1991 Act), or (c) in pursuance of a direction given by the Scottish Ministers under powers conferred on them by or under any enactment. (4) The landlord must give notice in writing to the tenant before carrying out the relevant improvement, unless section 10F applies. (5) A notice served in accordance with this section is a “landlord improvement notice”. (6) A landlord improvement notice must be dated and state the following— (a) the names and designations of the landlord and the tenant, (b) the name (if any) and the address of the land comprised in the lease or such other description of the land as will identify it, (c) details of the intended improvement, including the manner of the improvement, (d) the landlord's reasons as to why the improvement is necessary to enable the tenant to fulfil the tenant's responsibilities to farm the land comprised in the lease in accordance with the rules of good husbandry. (7) In this section and in sections 10B to 10F, what is good husbandry is to be construed by reference to schedule 6 of the Agriculture (Scotland) Act 1948. (10B) (1) Where the landlord has given a landlord improvement notice under section 10A, the tenant may object to the improvement or to part of it by giving notice in writing to the landlord before the end of the period of 2 months beginning with the day on which the tenant received the landlord improvement notice. (2) A notice under subsection (1) must be dated and must state the tenant's reasons as to why the improvement is not necessary to enable the tenant to fulfil the tenant's responsibilities to farm the land comprised in the lease in accordance with the rules of good husbandry. (10C) (1) Where the tenant has given notice of objection under section 10B the landlord may, before the end of the period of 2 months beginning with the day on which the landlord received the notice of objection, apply to the Land Court for approval of the relevant improvement. (2) The Land Court may— (a) approve the carrying out of the relevant improvement— (i) unconditionally, or (ii) upon such terms as appear to it to be appropriate, or (b) withhold its approval. (3) Before approving a relevant improvement, the Land Court must be satisfied that the improvement is necessary to enable the tenant to fulfil the tenant's responsibilities to farm the land comprised in the lease in accordance with the rules of good husbandry. (10D) (1) This section applies where an improvement is to be carried out by the landlord— (a) at the request of or in agreement with the tenant, (b) in pursuance of an undertaking given by the landlord under section 49(2), (c) in pursuance of a direction given by the Scottish Ministers under powers conferred on them by or under any enactment, or (d) after the landlord has given a landlord improvement notice in accordance with section 10A and— (i) the tenant has not given notice of objection in accordance with section 10B, or (ii) the tenant has given such notice of objection but the Land Court has approved the improvement under section 10C(2)(a). (2) The landlord must give notice in writing to the tenant stating the period during which the landlord intends to carry out the improvement. (3) Unless the landlord and tenant agree otherwise, that period must not commence earlier than the expiry of 2 weeks beginning with the day on which the landlord gives notice under subsection (2). (4) Where the landlord has not begun to carry out an improvement, notice of which has been given under subsection (2), and there is a good reason for postponing the carrying out of the improvement, the landlord may give a new notice under subsection (2). (5) Subsection (6) applies where the landlord has begun to carry out an improvement, notice of which has been given under subsection (2), and there is a good reason for extending the period during which the improvement is to be carried out. (6) The landlord may, at any time before the expiry of the period stated in the notice under subsection (2), extend the period by giving notice in writing to the tenant stating the extended period during which the landlord intends to carry out the improvement. (7) See section 10F on emergency improvements. (10E) (1) Subsection (2) applies where a landlord has carried out an improvement and— (a) the landlord did not give notice of the improvement to the tenant in accordance with section 10A, (b) the tenant objected to the improvement under section 10B and the Land Court has not approved the improvement under section 10C(2)(a), (c) the improvement is in breach of any decision of the Land Court under section 10C, (d) the improvement was not an emergency improvement as defined in section 10F. (2) Any such improvement is to be disregarded for the purposes of— (a) assessing the tenant's responsibilities— (i) in relation to farming the land comprised in the lease in accordance with the rules of good husbandry, (ii) in relation to fixed equipment under sections 16(4)(b) and 16A(5)(b)(ii), (b) any subsequent rent review under section 9. (10F) (1) Where a landlord or a tenant considers that an emergency improvement is required, sections 10A(4) and 10D(2), (3), (5) and (6) do not apply. (2) In this section an “emergency improvement” means a relevant improvement that is necessary for the purposes of— (a) protecting public health from infectious diseases, contamination or other hazards which constitute a danger to human health, (b) preventing a danger or potential danger to public safety, (c) enabling the tenant to comply with the requirements of the Animal Health and Welfare (Scotland) Act 2006, (d) securing the provision of essential services including electricity and water supply services, or (e) remedying an accident or natural cause or force majeure which was exceptional and could not reasonably have been foreseen.

.

Rent increase for certain improvements by landlord

120

• (1) Section 15 of the 1991 Act (increase of rent for certain improvements by landlord) is amended as follows.

• (2) After subsection (1)(b), “or” is repealed.

• (3) After subsection (1)(c), insert

, or (d) after giving a landlord improvement notice in accordance with section 14A and— (i) the tenant has not given notice of objection in accordance with section 14B, or (ii) the tenant has given such notice of objection but the Land Court has approved the improvement under section 14C,

.

• (4) Section 10 of the 2003 Act (increase in rent: landlord's improvements) is amended as follows.

• (5) After subsection (1)(b), “or” is repealed.

• (6) After subsection (1)(c), insert

, or (d) after giving a landlord improvement notice in accordance with section 10A and— (i) the tenant has not given notice of objection in accordance with section 10B, or (ii) the tenant has given such notice of objection but the Land Court has approved the improvement under section 10C,

.

CHAPTER 10 — Diversification

Use of land for non-agricultural purposes: objection to notice of diversification

121

• (1) The 2003 Act is amended as follows.

• (2) In section 40—

• (a) in subsection (1), for “section 41” substitute “ in sections 40A and 41 ”,

• (b) after subsection (5) insert—

(5A) Where the landlord objects to the notice of diversification, the land may be used for the purpose specified under paragraph (a), and as specified under paragraphs (b) and (c), of subsection (2)— (a) only if— (i) the landlord withdraws the objection, (ii) the landlord does not apply under section 40A for a determination in relation to the objection, or (iii) such an application having been made, the Land Court determines under section 41 that the objection is unreasonable, (b) from the relevant date, and (c) subject to any conditions imposed— (i) by the landlord under subsection (14), or (ii) by the Land Court under section 41(2) or (3). (5B) For the purposes of subsection (5A)(b), the relevant date is— (a) where no application is made under section 40A— (i) the date specified under subsection (2)(d), (ii) if the objection is withdrawn, the date of the withdrawal, (iii) the date the period mentioned in section 40A(3) expires, whichever is the later, (b) where an application is made under section 40A, the date fixed by the Land Court under section 41(1)(b)(ii).

,

• (c) after subsection (13) insert—

(14) Where the landlord withdraws the objection under subsection (9) before the expiry of the period mentioned in section 40A(3), the landlord— (a) must notify the tenant in writing of the withdrawal, and (b) may impose any conditions as mentioned in subsection (10) and, where such conditions are imposed, must, at the same time as notifying the tenant of the withdrawal of the objection, notify the tenant in writing of the conditions (and the reasons for imposing them).

.

• (3) After that section insert—

(40A) (1) This section applies where the landlord gives notice of an objection under section 40(11)(a) to a notice of diversification. (2) The landlord may, before the expiry of the period mentioned in subsection (3), apply to the Land Court for a determination under section 41 that the objection is reasonable. (3) That period is 60 days from the giving of notice of the objection under section 40(11)(a). (4) The objection ceases to have effect— (a) on the expiry of the period mentioned in subsection (3) unless the landlord applies, before the expiry of that period, to the Land Court under subsection (2), or (b) if it is withdrawn before the expiry of that period, no such application having been made.

.

• (4) In section 41—

• (a) in subsection (1), after “Where” insert “ , on an application made by the landlord under section 40A(2), ”,

• (b) in subsection (2), for “40(4)(a)” substitute “ 40(4)(a) or (5A) ”,

• (c) in subsection (3)—

• (i) after “Where” insert “ , on the application of the tenant, ”,

• (ii) after “section 40(10)” insert “ or, as the case may be, (14) ”.

Use of land for non-agricultural purposes: requests for information

122

• (1) The 2003 Act is amended as follows.

• (2) In section 40—

• (a) in subsection (5), for paragraph (b) substitute—

(b) where the landlord has made a request for information under subsection (6), the date falling 70 days from the making of the request, if later than the date so specified,

,

• (b) for subsection (6) substitute—

(6) The landlord may, on one occasion within 30 days of the giving of the notice of diversification, request the tenant to provide the landlord with relevant information.

,

• (c) in subsection (12), for paragraph (a) substitute—

(a) where the landlord has made a request for information under subsection (6), 60 days from the making of the request,

.

CHAPTER 11 — Irritancy for non-payment of rent

Irritancy for non-payment of rent

123

• (1) The 2003 Act is amended as follows.

• (2) In section 18 (irritancy of lease and good husbandry), after subsection (2) insert—

(2A) Where such a lease may be irritated on the grounds that the rent is due and unpaid, notice as mentioned in subsection (7) may not be given unless— (a) the landlord has given the tenant a demand in writing requiring the tenant to pay the rent due before the expiry of the period of 2 months beginning with the date of the demand, and (b) the demand has not been complied with.

.

PART 11 — Small landholdings

Review of small landholdings legislation

124

• (1) The Scottish Ministers must––

• (a) review the legislation governing small landholdings, and

• (b) lay a report of that review before the Scottish Parliament no later than 31 March 2017.

• (2) The Scottish Ministers must, in carrying out the review under subsection (1), consult—

• (a) small landholders, and

• (b) such other persons as they consider appropriate.

• (3) In this section, a “small landholding” is a landholding the tenancy of which is one to which––

• (a) section 32 of the Small Landholders (Scotland) Act 1911 applies, or

• (b) any of the provisions of the Small Landholders (Scotland) Acts 1886 to 1931 applies,

and “small landholders” is to be construed accordingly.

PART 12 — General and miscellaneous

General interpretation

125

In this Act—

• “the 1991 Act” means the Agricultural Holdings (Scotland) Act 1991,

• “the 2003 Act” means the Agricultural Holdings (Scotland) Act 2003,

• “Land Court” means the Scottish Land Court.

Subordinate legislation

126

• (1) Each power of the Scottish Ministers to make regulations under this Act includes power—

• (a) to make different provision for different purposes,

• (b) to make any incidental, supplementary, consequential, transitional, transitory or saving provision which they consider appropriate.

• (2) Regulations under—

• (a) section 4(5),

• (b) section 52(10)(b),

• (c) section 54(5)(a) or (c),

• (d) section 55(4),

• (e) section 56(9),

• (f) section 57(2),

• (g) section 57(8),

• (h) section 67(5),

• (i) section 68(6),

• (j) subject to subsection (3)(m), section 127(1),

are subject to the negative procedure.

• (3) Regulations under—

• (a) section 24(5),

• (b) section 39(1),

• (c) section 46(2)(b) or (e),

• (d) section 46(3),

• (e) section 48(1)(c),

• (f) section 49(1)(c),

• (g) section 49(8),

• (h) section 49(9)(a),

• (i) section 50(4),

• (j) section 52(7),

• (k) section 61(1),

• (l) section 61(3),

• (m) section 127(1) which add to, replace or omit the text of an Act,

are subject to the affirmative procedure.

• (4) This section does not apply to regulations under section 130(2).

Ancillary provision

127

• (1) The Scottish Ministers may by regulations make such incidental, supplementary, consequential, transitional, transitory or saving provision as they consider appropriate for the purposes of or in connection with this Act or any provision made under it.

• (2) Regulations under subsection (1) may modify any enactment (including this Act).

Crown application

128

• (1) The Crown is not criminally liable in respect of any contravention of provision made in regulations under section 39.

• (2) But the Court of Session may, on an application by the Lord Advocate, declare unlawful any act or omission of the Crown which constitutes such a contravention.

• (3) Despite subsection (2), this Act applies to persons in the public service of the Crown as it applies to other persons.

Minor and consequential modifications

129

• (1) Schedule 1, which contains minor amendments and amendments consequential upon the provisions of Part 5, has effect.

• (2) Schedule 2, which contains minor amendments and repeals, and amendments and repeals consequential upon the provisions of Part 10, has effect.

Commencement

130

• (1) This section and sections 125 to 127 and 131 come into force on the day after Royal Assent.

• (2) The other provisions of this Act come into force on such day as the Scottish Ministers may by regulations appoint.

• (3) Different days may be appointed for different purposes.

• (4) Regulations under subsection (2) may include transitional, transitory or saving provision.

Short title

131

The short title of this Act is the Land Reform (Scotland) Act 2016.

SCHEDULE 1

Land Reform (Scotland) Act 2003

1

• (1) The Land Reform (Scotland) Act 2003 is amended as follows.

• (2) In section 35 (provisions supplementary to section 34)—

• (a) for subsection (A1) substitute—

(A1) During the relevant period, a community body which modifies its memorandum, articles of association, constitution or registered rules (as defined in section 34(8)) must, as soon as possible after such modification, notify the Scottish Ministers in writing of the modification.

,

• (b) for subsection (1) substitute—

(1) A community body— (a) which— (i) has registered a community interest in land under this Part and remains so registered, or (ii) has bought land under this Part, any part of which remains in its ownership, and (b) which modifies its memorandum, articles of association, constitution or registered rules (as defined in section 34(8)), must, as soon as possible after such modification, notify the Scottish Ministers in writing of the modification.

.

• (3) In section 52 (ballot procedure), for subsection (4) substitute—

(4) The period referred to in subsection (3) above is— (a) the period of 12 weeks beginning with the date on which a valuer is appointed under section 59(1) in respect of the land in relation to which the community body has confirmed it will exercise its right to buy, or (b) where— (i) the ballotter receives notification under section 60(3C), and (ii) the date notified under paragraph (c) of that subsection is after the end of the 12 week period beginning with the date on which a valuer is appointed under section 59(1), the period beginning with the date on which a valuer is appointed under section 59(1) and ending with the day after the date notified to the ballotter under section 60(3C).

.

• (4) In section 72 (provisions supplementary to section 71), for subsection (1) substitute—

(1) A crofting community body— (a) which has bought land under this Part, any part of which remains in its ownership, and (b) which modifies its memorandum, articles of association, constitution or registered rules (as defined in section 71(8)), must, as soon as possible after such modification, notify the Scottish Ministers in writing of the modification.

.

• (5) In section 97E (provisions supplementary to section 97D), for subsection (1) substitute—

(1) A Part 3A community body— (a) which has bought land under this Part, any part of which remains in its ownership, and (b) which modifies its memorandum, articles of association, constitution or registered rules (as defined in section 97D(12)), must, as soon as possible after such modification, notify the Scottish Ministers in writing of the modification.

.

• (6) In section 97N (effect of Ministers' decision on right to buy), in subsection (2)(b), for “Register of Community Rights in Abandoned, Neglected or Detrimental Land” substitute “ New Register ”.

• (7) In section 97V (appeals), in subsection (9)(a), for Register of Community Interests in Abandoned, Neglected or Detrimental Land” substitute New Register”.

SCHEDULE 2

PART 1 — Modern limited duration tenancies and repairing tenancies

Sheriff Courts (Scotland) Act 1907

1

• (1) The Sheriff Courts (Scotland) Act 1907 is amended as follows.

• (2) In section 37A (removings: exception for certain tenancies), for “or limited duration tenancies” substitute “ , limited duration tenancies, modern limited duration tenancies or repairing tenancies ”.

Law Reform (Miscellaneous Provisions) (Scotland) Act 1985

2

• (1) The Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 is amended as follows.

• (2) In section 7(2) (interpretation of sections 4 to 6), in the definition of “agricultural lease”, for “or a limited duration tenancy” substitute “ , a limited duration tenancy, a modern limited duration tenancy or a repairing tenancy ”.

1991 Act

3

• (1) The 1991 Act is amended as follows.

• (2) In section 21(1) (notice to quit and notice of intention to quit), for “2” substitute “ 2A ”.

Crofters (Scotland) Act 1993

4

• (1) The Crofters (Scotland) Act 1993 is amended as follows.

• (2) In section 3A (new crofts), in subsection (9)(a)(ii), for “or limited duration tenancy” substitute “ , limited duration tenancy, modern limited duration tenancy or repairing tenancy ”.

• (3) In section 29 (miscellaneous provisions regarding subleases of crofts), in subsection (1)(b), for “or a limited duration tenancy” substitute “ , a limited duration tenancy, a modern limited duration tenancy or a repairing tenancy ”.

• (4) In section 29B (status of tenant under a short lease), in paragraph (b)—

• (a) “or” immediately after sub-paragraph (ii) is repealed,

• (b) after sub-paragraph (iii) insert––

(iv) a modern limited duration tenancy within the meaning of that Act, or (v) a repairing tenancy within the meaning of that Act.

.

Children (Scotland) Act 1995

5

• (1) The Children (Scotland) Act 1995 is amended as follows.

• (2) In section 76 (exclusion orders), in subsection (11)(a), for “or a limited duration tenancy” substitute “ , a limited duration tenancy, a modern limited duration tenancy or a repairing tenancy ”.

Town and Country Planning (Scotland) Act 1997

6

• (1) The Town and Country Planning (Scotland) Act 1997 is amended as follows.

• (2) In section 35 (notice etc. of applications to owners and agricultural tenant), in subsection (7), in the definition of “agricultural land”, for “or a limited duration tenancy” substitute “ , a limited duration tenancy, a modern limited duration tenancy or a repairing tenancy ”.

2003 Act

7

• (1) The 2003 Act is amended as follows.

• (2) The italic heading before section 6 becomes “ New types of tenancy: general provision ”.

• (3) In section 10 (increase in rent: landlord's improvements), in subsection (1), after “tenancy” insert “ , a modern limited duration tenancy or a repairing tenancy ”.

• (4) In section 11 (variation of rent by Land Court)—

• (a) after “tenancy” insert “ , a modern limited duration tenancy or a repairing tenancy ”,

• (b) for “or 16” substitute “ , 16, 16A or 16B ”.

• (5) In section 12 (right of tenant to withhold rent), in subsection (1)(b), for “or a limited duration tenancy” substitute “ , a limited duration tenancy, a modern limited duration tenancy or a repairing tenancy ”.

• (6) In section 13 (written leases and the revision of certain leases)—

• (a) in subsection (1)—

• (i) for “or a limited duration tenancy” substitute “ , a limited duration tenancy, a modern limited duration tenancy or a repairing tenancy ”,

• (ii) in paragraph (b)(ii), after “Act)” insert “ , section 16A or, as the case may be, section 16B ”,

• (b) in subsection (2)(b), after “16” insert “ , 16A or, as the case may be, 16B ”,

• (c) in subsection (4)(a), after “Act)” insert “ , section 16A or, as the case may be, section 16B, ”,

• (d) in subsection (5), after “16” insert “ , 16A or, as the case may be, 16B ”.

• (7) In section 14 (freedom of cropping and disposal of produce), for “and limited duration tenancies” substitute “ , limited duration tenancies, modern limited duration tenancies and repairing tenancies ”.

• (8) In section 15 (permanent pasture), for “and limited duration tenancies” substitute “ , limited duration tenancies, modern limited duration tenancies and repairing tenancies ”.

• (9) In section 17 (resumption of land by landlord), in subsection (1)—

• (a) for “or a limited duration tenancy” substitute “ , a limited duration tenancy or a modern limited duration tenancy ”,

• (b) in sub-paragraph (ii), after “tenancy” insert “ or a modern limited duration tenancy ”.

• (10) In section 19 (resumption and irritancy: supplementary)––

• (a) for “or a limited duration tenancy” substitute “ , a limited duration tenancy, a modern limited duration tenancy or a repairing tenancy ”,

• (b) in paragraph (a), after “17” insert “ or 17A ”.

• (11) In section 22 (right of landlord to object to acquirer of tenancy)—

• (a) in subsection (1), for “or a limited duration tenancy” substitute “ , a limited duration tenancy, a modern limited duration tenancy or a repairing tenancy ”,

• (b) in subsection (3), for “or a limited duration tenancy” substitute “ , a limited duration tenancy, a modern limited duration tenancy or a repairing tenancy ”.

• (12) In section 23 (effect of termination of tenancy where tenant deceased), for “or a limited duration tenancy” substitute “ , a limited duration tenancy, a modern limited duration tenancy or a repairing tenancy ”.

• (13) In section 39 (use of land for non-agricultural purposes), in subsection (1)—

• (a) “or” immediately after paragraph (a) is repealed,

• (b) after paragraph (b) insert––

(c) tenancy under a lease constituting a modern limited duration tenancy, or (d) tenancy under a lease constituting a repairing tenancy,

.