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Agricultural Holdings (Scotland) Act 1991 is up to date with all changes known to be in force on or before 23 November 2024. There are changes that may be brought into force at a future date.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the affected provisions when you open the content using the Table of Contents below.
Part II Terms of Leases and Variations Thereof
12A.Landlord's objection to legatee or acquirer on intestacy: near relative
12B.Landlord's objection to legatee or acquirer on intestacy: other persons
12C.Landlord's objection to legatee or acquirer on intestacy: supplementary provision
Part III Notice to Quit and Notice of Intention to Quit
23. Consent by Land Court or arbitration on notices to quit.
29. Notice to quit part of holding to be valid in certain cases.
30. Tenant’s right to treat notice to quit part as notice to quit entire holding.
31. Reduction of rent where tenant dispossessed of part of holding.
32. Further restrictions on operation of certain notices to quit.
PART 3A Relinquishing and assignation of holdings
CHAPTER 2 Assignation where landlord does not accept tenant's offer
Part V Other Provisions Regarding Compensation
44. Compensation for continuous adoption of special standard of farming.
45. Compensation to landlord for deterioration etc. of holding.
45A.Compensation arising as a result of diversification and cropping of trees
46. Compensation for failure to repair or maintain fixed equipment.
48. Landlord not to have right to penal rent or liquidated damages.
49. Compensation provisions to apply to parts of holdings in certain cases.
50. Determination of claims for compensation where holding is divided.
51. Compensation not to be payable for things done in compliance with this Act.
53. Extent to which compensation recoverable under agreements.
SCHEDULES
Grounds for Consent to Operation of Notices to Quit a Tenancy Where Section 25(3) Applies
1923 Act Improvements For Which Compensation May Be Payable
Part III Improvements For Which No Consents Or Notice Required
25.Application to land of purchased artificial or other manure.
26.Consumption on the holding by cattle, sheep, or pigs, or...
27.Consumption on the holding by cattle, sheep, or pigs, or...
28.Laying down temporary pasture with clover, grass, lucerne, sainfoin, or...
29.Repairs to buildings, being buildings necessary for the proper cultivation...
1931 Act Improvements For Which Compensation May Be Payable
Part I Improvements For Which Consent Required
Part III Improvements For Which No Consent Or Notice Required
24.Eradication of bracken, whins, or gorse growing on the holding...
25.Application to land of purchased artificial or other manure.
26.Consumption on the holding by cattle, sheep, or pigs, or...
27.Consumption on the holding by cattle, sheep, or pigs, or...
28.Laying down temporary pasture with clover, grass, lucerne, sainfoin, or...
29.Repairs to buildings, being buildings necessary for the proper cultivation...
New Improvements For Which Compensation May Be Payable
Part I Improvements For Which Consent Is Required
Part II Improvements For Which Notice Is Required
11.Making or improvement of farm access or service roads, bridges...
12.Making or improvement of watercourses, ponds or wells, or of...
13.Making or removal of permanent fences, including hedges, stone dykes...
16.Provision of stells, fanks, folds, dippers, pens and bughts necessary...
17.Installation, provision, distribution or storage of electricity, gas, power, heat...
18.Erection, alteration or enlargement of buildings, making or improvement of...
20.Provision of fixed threshing mills, barn machinery and fixed dairying...
21.Improvement of permanent pasture by cultivation and re-seeding.
22.Provision of means of sewage, waste or pollutant disposal, or...
23.Repairs to fixed equipment, being equipment reasonably required for the...
23A.Erection of structures for the management or storage of slurries...
Part III Improvements For Which No Consent Or Notice Required
29.Eradication of bracken, whins or broom growing on the holding...
29A.Removal of tree roots, boulders, stones or other similar obstacles...
30.Application to land of soil improvers, conditioners, digestates, manure or...
31.Consumption on the holding of corn (whether produced on the...
32.Laying down temporary pasture with clover, grass, lucerne, sainfoin, or...
Supplementary Provisions with Respect to Payments Under Section 56
1.Subject to paragraph 4 of this Schedule, any dispute with...
3.Where, on an application under paragraph 2 above, the tribunal...
4.For the purposes of paragraph 3(a) above, section 13(1) of...
5.The enactments mentioned in paragraph 6 of this Schedule shall,...
6.The enactments aforesaid are— (a) sections 56 to 60, 62,...
Valuation of Sheep Stock in Scotland in Respect of Old Leases
Part I Valuation Made in Respect of a Tenancy Terminating at Whitsunday
Part II Valuation Made in Respect of a Tenancy Terminating at Martinmas
Valuation of Sheep Stock in Scotland in Respect of Leases Entered into after 1st December 1986
Part I Valuation Made in Respect of a Tenancy Terminating at Whitsunday
Part II Valuation Made in Respect of a Tenancy Terminating at Martinmas
Consequential Amendments of Enactments
Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (c. 65)
Agriculture (Safety, Health and Welfare Provisions) Act 1956 (c.49)
13.For section 24(10) substitute— (10) In the application of this...
14.For section 25(3) substitute— (3) In the application of this...
16.In section 27(4), for “section fourteen of the Scottish Act...
17.In section 28(6)— (a) for “to section sixty-five of the...
18.In section 52(2)— (a) in the definition of “agricultural holding”,...
19.In section 52(5)(a)— (a) for “the Scottish Act of 1949”...
21.For Schedule 7, paragraph 25(a) substitute— (a) for references—
26.In section 26(1), for “the Agricultural Holdings (Scotland) Act 1949”...
27.In section 27(5B), for “the Agricultural Holdings (Scotland) Act 1949”...
28.In section 28(1)(a), for “section 35 of the Agricultural Holdings...
29.In section 29— (a) in subsection (3)(a), for “section 35...
30.In section 48(2)(a), for “section 35 of the Agricultural Holdings...
31.In Schedule 3, paragraph 7(5)— (a) for “sections 75 and...
Matrimonial Homes (Family Protection)(Scotland) Act 1981 (c.59)
Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73)
43.In section 14(a) for “the Agricultural Holdings (Scotland) Act 1949”...
45.In section 18(6) for the words from “the absolute owner”...
46.In section 19(4) for “the Crofters (Scotland) Act 1955” substitute...
47.After section 23 insert— In this Act— “the 1886 Act” means the Crofters Holdings...
48.In Schedule 2, paragraph 1(1)— (a) in the definition of...
49.In Schedule 2, paragraph 3(1)(b), for “section 20 of the...
50.In Schedule 2, paragraph 7— (a) in sub-paragraph (2), for...
51.In Schedule 2, paragraph 10(1)— (a) in sub-paragraph (a), for...
52.In Schedule 2, paragraph 11— (a) in sub-paragraph (1)(a), for...
53.In Schedule 2, for paragraph 12 substitute— “ Sections 65...
Note: The following abbreviations are used in this Table—
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