Agricultural Holdings (Scotland) Act 2003

The 1991 Act

36 In section 66 (power to enable demand to remedy breach to be modified)—

(a) in subsection (1)—

(i) for the word “arbitration” there is substituted “the Land Court”; and

(ii) for the word “arbiter” in each place where it appears there is substituted “Land Court”;

(b) in subsection (2)—

(i) for the words “an arbiter” there is substituted “the Land Court”; and

(ii) the words “the arbiter or” and “by the arbiter” are repealed;

(c) after subsection (2) there is inserted—

“(2A) Where, by virtue of section 61(1) of this Act, an arbiter specifies under subsection (1)(a) above a period within which a breach should be remedied or the period for remedying a breach is extended by virtue of subsection (4) below, the Land Court may, on the application of the arbiter or the landlord, specify a date for the termination of the tenancy by notice to quit in the event of the tenant’s failure to remedy the breach within that period, being a date not earlier than whichever of the two dates referred to in subsection (2) above is the later.”;

(d) in subsection (3)—

(i) after the word “(2)” there is inserted “or (2A)”; and

(ii) for the word “arbiter” there is substituted “Land Court”; and

(e) in subsection (4)—

(i) for the word “arbiter” in the first, third and fourth places where it appears there is in each case substituted “Land Court”;

(ii) for the words “arbiter on an arbitration required by notice” there is substituted “Land Court in a determination required”;

(iii) for the words “his award” there is substituted “its determination”;

(iv) for the word “award” in the second place where it appears there is substituted “determination”; and

(v) for the word “he” there is substituted “it”.