The Agricultural Holdings (Forms) (Scotland) Regulations 2004

Scottish Statutory Instruments

2004 No. 497

LANDLORD AND TENANT

The Agricultural Holdings (Forms) (Scotland) Regulations 2004

Made

18th November 2004

Laid before the Scottish Parliament

22nd November 2004

Coming into force

15th December 2004

The Scottish Ministers, in exercise of the powers conferred by sections 25(3) and 26(2) of the Agricultural Holdings (Scotland) Act 2003(1) and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Agricultural Holdings (Forms) (Scotland) Regulations 2004 and shall come into force on 15th December 2004.

(2) In these Regulations “the Act” means the Agricultural Holdings (Scotland) Act 2003.

Notice of Interest

2.  The form set out in Schedule 1 to these Regulations is prescribed for the purposes of section 25 of the Act.

Notice of Proposal to Transfer Land

3.  The form set out in Schedule 2 to these Regulations is prescribed for the purposes of section 26 of the Act.

ROSS FINNIE

A member of the Scottish Executive

St Andrew’s House, Edinburgh

18th November 2004

Regulation 2

SCHEDULE 1 AGRICULTURAL HOLDINGS (SCOTLAND) ACT 2003

TENANT'S NOTICE OF INTEREST

Regulation 3

SCHEDULE 2 AGRICULTURAL HOLDINGS (SCOTLAND) ACT 2003

NOTICE OF PROPOSAL TO TRANSFER LAND

Notice by an owner of land or creditor in a Standard Security to a tenant under section 26(1) of the Agricultural Holdings (Scotland) Act 2003

Explanatory Note

(This note is not part of the Regulations)

These Regulations prescribe the forms to be used for–

(a) the notice of a tenant’s interest under section 25 of the Agricultural Holdings (Scotland) Act 2003 (asp 11) (“the Act”); and

(b) the notice to be given by an owner or creditor under section 26 of the Act where a transfer of land is proposed.

Regulation 2 and Schedule 1 prescribes the form of application for the registration of an interest in acquiring land under section 25(1) of the Act. Section 25(3) of the Act prescribes the information which must be specified in the form. Section 25(4) of the Act requires the tenant to send a copy of the form to the owner of the land in question.

Regulation 3 and Schedule 2 prescribes the form of notice to be given by an owner of land or creditor, who proposes to transfer land, to a tenant where that tenant has registered an interest in acquiring the land. Section 26(1) of the Act requires the notice to be served upon the tenant and a copy sent to the Keeper of the Register of Community Interests in Land.

(1)

2003 asp 11.