SCHEDULEAmendments to enactments

I12

1

In section 16 (provisions relating to leases) of the Succession (Scotland) Act 1964—

a

in subsection (2), at the beginning there is inserted “ Subject to subsection (4A), ”;

b

in subsection (3)—

i

at the beginning there is inserted “ Subject to subsection (4C), ”; and

ii

in paragraph (b), for the words “sheriff on summary application by” there is substituted “ relevant court on the application of ”;

c

in subsection (6)—

i

for the words “to an arbiter to determine” there is substituted “ for the determination of ”;

ii

for the words from “Land” in the second place where it appears to “award” there is substituted “ order or determination shall not be ”; and

iii

the words “the court or the arbiter is satisfied that” are repealed;

d

in subsection (8), after the word “Act” in the second place where it appears there is inserted " “ or, as the case may be, section 21(2) and (3) of the 2003 Act, ”;

e

after that subsection there is inserted—

8A

For the purposes of subsection (3)(b) above, the “relevant court” is—

a

in the case of an interest under a lease constituting a 1991 Act tenancy, the Land Court; and

b

in any other case, the sheriff,

and an application to the sheriff in any such other case shall be by summary application.

f

in subsection (9)—

i

in the definition of “agricultural lease”, for the words from “or” in the first place where it appears to the end there is substituted “ , or a lease of a croft within the meaning of section 3(1) of the Act of 1955, or a lease constituting a 1991 Act tenancy, or a lease constituting a short limited duration tenancy or a limited duration tenancy ”;

ii

after the definition of “the 1991 Act” there is inserted—

“the 2003 Act” means the Agricultural Holdings (Scotland) Act 2003 (asp 11);

iii

at the end there is inserted—

“1991 Act tenancy”, “short limited duration tenancy” and “limited duration tenancy” shall be construed in accordance with the 2003 Act.

2

In section 29 (right of tenant to bequeath interest under lease) of that Act, in subsection (2), after the words “1991” there is inserted “ or section 21 of the Agricultural Holdings (Scotland) Act 2003 (asp 11) ”.