Agricultural Holdings (Scotland) Act 2003, Section 62 is up to date with all changes known to be in force on or before 03 March 2025. 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.
In section 7 (freedom of cropping and disposal of produce) of the 1991 Act—
(a)in subsection (3), the words “, but no other” are repealed;
(b)after that subsection there is inserted—
“(3A)Such interdict as is, or damages as are, mentioned in subsection (3) above shall be obtainable only in the Land Court; and, notwithstanding the terms of section 84 of the Agricultural Holdings (Scotland) Act 2003 (asp 11), no other remedy shall be available in respect of the circumstances mentioned in that subsection.”;
(c)for subsection (4) there is substituted—
“(4)For the purposes of any proceedings for an interdict brought under paragraph (a) of subsection (3) above, where the question whether the tenant is exercising or has exercised his rights under subsection (1) above in such a manner as is referred to in subsection (3) above has, by virtue of section 61(1) of this Act, been determined by arbitration, a certificate of the arbiter as to his determination of the question shall, for the purposes of any proceedings brought under this section, be conclusive proof of the facts stated in the certificate.”; and
(d)in subsection (6)(b), after the word “or” in the second place where it appears there is inserted “ it has been determined ”.
Commencement Information
I1S. 62 in force at 27.11.2003 by S.S.I. 2003/548, art. 2(e) (with Sch.)
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.
