The Agricultural Holdings (Scotland) Act 2003 Remedial Order 2014

Ongoing cases

Effect of amendments on ongoing cases

3.—(1) The repeals in article 2(2)(c) are to apply in relation to any ongoing application for an order under section 72(8) of the 2003 Act.

(2) In consequence, the Scottish Land Court (or any other court considering the application on appeal) must make an order disposing of the application in such manner as it considers reasonable.

(3) An order under paragraph (2) may, in particular—

(a) specify shorter periods for the purposes of section 73(4) and (5) of the 2003 Act,

(b) specify the date on which the tenancy to which the application relates is to terminate,

(c) deal with such other matters relating to the tenancy or its termination as the Court considers appropriate.

(4) An order under paragraph (2) is to be treated as a determination of a matter by virtue of the 2003 Act.

(5) In this article, a reference to an ongoing application for an order under section 72(8) of the 2003 Act is a reference to an application made to the Scottish Land Court under section 72(7) of that Act before the coming into force of this Order and which, at that time—

(a) has not been finally determined by the Scottish Land Court, or

(b) is subject to an appeal from that Court which has not been finally determined.