Agricultural Holdings (Scotland) Act 1991 (c. 55)

SCHEDULES

SCHEDULE 11 Consequential Amendments of Enactments

Agriculture Act 1986 (c. 49)

43 In section 14(a) for “the Agricultural Holdings (Scotland) Act 1949” substitute “the 1991 Act”.

44 In section 16—

(a) in subsection (2), for “section 7 of the 1949 Act” substitute “section 13 of the 1991 Act”; and

(b) in subsection (7), for “section 86 of the 1949 Act” substitute “section 79 of the 1991 Act”.

45 In section 18(6) for the words from “the absolute owner” to “1949” substitute “the owner of the dominium utile”.

46 In section 19(4) for “the Crofters (Scotland) Act 1955” substitute “the 1955 Act”.

47 After section 23 insert—

“23A In this Act—

• “the 1886 Act” means the Crofters Holdings (Scotland) Act 1886;

• “the 1911 Act” means the Small Landholders (Scotland) Act 1911;

• “the 1955 Act” means the Crofters (Scotland) Act 1955; and

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

48 In Schedule 2, paragraph 1(1)—

(a) in the definition of “landlord”—

(i) in sub-paragraph (a), for “the 1949 Act” substitute “the 1991 Act” and for “section 93(1)” substitute “section 85(1)”; and

(ii) in sub-paragraph (c), for “the 1949 Act” substitute “the 1991 Act”;

(b) in the definition of “tenancy”, for “the 1949 Act” substitute “the 1991 Act”; and

(c) in the definition of “tenant”—

(i) in sub-paragraph (a), for “the 1949 Act” substitute “the 1991 Act” and for “section 93(1)” substitute “section 85(1)”; and

(ii) in sub-paragraph (c), for “the 1949 Act” substitute “the 1991 Act”.

49 In Schedule 2, paragraph 3(1)(b), for “section 20 of the 1949 Act” substitute “section 11 of the 1991 Act”.

50 In Schedule 2, paragraph 7—

(a) in sub-paragraph (2), for “the 1949 Act” where it first occurs substitute “the 1991 Act” and for “section 7 of the 1949 Act” substitute “section 13 of the 1991 Act”; and

(b) in sub-paragraph (4)—

(i) in sub-paragraph (a)(i), for “section 93 of the 1949 Act” substitute “section 85 of the 1991 Act”;

(ii) in sub-paragraph (a)(iii), for “the 1949 Act” substitute “the 1991 Act” and

(iii) in sub-paragraph (b), for “section 93 of the 1949 Act” substitute “section 85 of the 1991 Act”.

51 In Schedule 2, paragraph 10(1)—

(a) in sub-paragraph (a), for “the 1949 Act” substitute “the 1991 Act” and for “section 78” substitute “section 60(2)”; and

(b) for “section 75 (or, where the circumstances require, sections 77 and 87) of the 1949 Act” substitute “section 60(1) (or, where the circumstances require, sections 64 and 80) of the 1991 Act”.

52 In Schedule 2, paragraph 11—

(a) in sub-paragraph (1)(a), for “the 1949 Act” substitute “the 1991 Act” and for “section 78” substitute “section 60(2)”;

(b) in sub-paragraph (4)—

(i) for “section 75 (or, where the circumstances require, sections 77 and 87) of the 1949 Act” substitute “section 60(1) (or, where the circumstances require, sections 64 and 80) of the 1991 Act”; and

(ii) for “paragraph 13 of the Sixth Schedule” substitute “paragraph 14 of Schedule 7”; and

(c) in sub-paragraph (5), for “section 61 of the 1949 Act” substitute “section 50 of the 1991 Act”.

53 In Schedule 2, for paragraph 12 substitute— “Sections 65 and 75(1), (2), (4) and (6) of the 1991 Act (recovery of sums due and power of tenant to obtain charge on holding) shall apply in relation to any sum payable to the tenant under this Schedule as they apply to sums payable under that section.