The Land Reform (Scotland) Act 2016 (Commencement No. 6, Transitory and Saving Provisions) Regulations 2017

Saving provision: conversion from 1991 Act tenancy to limited duration tenancy

3.—(1) Despite its repeal by section 90(2) of the 2016 Act, section 2 of the 2003 Act (conversion from 1991 Act tenancy to limited duration tenancy) continues to have effect in respect of—

(a) an agreement between a landlord and a tenant under a 1991 Act tenancy to terminate that tenancy, where—

(i) that agreement is in accordance with section 2(1)(a) of the 2003 Act;

(ii) that agreement was made before 30th November 2017; and

(iii) the date specified in that agreement as being the date on which the termination is to have effect is on or after 30th November 2017; and

(b) a lease constituting a limited duration tenancy entered into in order to comply with section 2(1)(b) of the 2003 Act, which—

(i) is for a term of not less than 25 years;

(ii) comprises or includes the same land as that comprised in the 1991 Act tenancy being terminated by an agreement to which paragraph (1)(a) applies; and

(iii) has effect from the date on which the termination under that agreement has effect.

(2) Where section 2 of the 2003 Act continues to have effect by virtue of paragraph (1), the modification made by paragraph 3 of schedule 2 of the 2016 Act has no effect in relation to—

(a) an agreement to which paragraph (1)(a) applies; or

(b) a lease constituting a limited duration tenancy to which paragraph (1)(b) applies.