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Agricultural Holdings (Scotland) Act 2003
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Agricultural Holdings (Scotland) Act 2003, Section 42 is up to date with all changes known to be in force on or before 19 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 7C inserted by 2016 asp 18 s. 93(2)
- s. 7D inserted by 2016 asp 18 s. 106(2)
- s. 8F 8G inserted by 2016 asp 18 s. 94(2)
- s. 16B inserted by 2016 asp 18 s. 95(2)
- s. 17A inserted by 2016 asp 18 s. 96(2)
- s. 18B inserted by 2016 asp 18 s. 97(2)
- s. 26(1)(1A) substituted for s. 26(1) by 2016 asp 18 s. 99(4)(a)
- s. 26(3) inserted by 2016 asp 18 s. 99(4)(c)
42Tenant’s right to timberS
This section has no associated Explanatory Notes
(1)The tenant under—
(a)a 1991 Act tenancy; F1...
(b)a limited duration tenancy,
[F2(c)a modern limited duration tenancy, or
(d)a repairing tenancy,]
has, for so long as the tenancy continues to have effect, the right to cut timber from any trees planted on the land by the tenant on or after the coming into force of this section; and any such timber belongs to the tenant.
(2)Subsection (1) does not apply in so far as the lease or any agreement in writing between the landlord and tenant makes provision to the contrary, provided that the lease or agreement also includes provision for a reduction in rent or payment of compensation to the tenant in respect of any loss incurred by the tenant as a result of that contrary provision.
Textual Amendments
F1Word in s. 42(1) repealed (30.11.2017) by Land Reform (Scotland) Act 2016 (asp 18), s. 130(1), sch. 2 para. 7(14)(a) (with s. 128); S.S.I. 2017/299, reg. 2, sch. (with reg. 12)
F2S. 42(1)(c)(d) inserted (30.11.2017) by Land Reform (Scotland) Act 2016 (asp 18), s. 130(1), sch. 2 para. 7(14)(b) (with s. 128); S.S.I. 2017/299, reg. 2, sch. (with reg. 12)
Commencement Information
I1S. 42 in force at 27.11.2003 by S.S.I. 2003/548, art. 2(c) (with Sch.)
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