Modification of section 832
Section 83 of the Antisocial Behaviour etc. (Scotland) Act 2004 is modified as follows–
a
omit “or” which immediately follows subsection (6)(c); and
b
after subsection (6)(d) insert–
e
the house is the only or main residence of the relevant person;
f
the house is–
i
on agricultural land which is land comprised in a lease constituting a 1991 Act tenancy within the meaning of the Agricultural Holdings (Scotland) Act 20032 or comprised in a lease constituting a short limited duration tenancy or limited duration tenancy (within the meaning of that Act); and
ii
occupied by the tenant of the relevant lease;
g
the house is on a croft (within the meaning of section 3 of the Crofters (Scotland) Act 19933);
h
the house is–
i
on a holding to which any of the provisions of the Small Landholders (Scotland) Acts 1886 to 1931 applies;
ii
not situated in the crofting counties (within the meaning of the Crofters (Scotland) Act 1993); and
iii
occupied by the landholder;
i
the house is occupied by virtue of a liferent;
j
the house is–
i
owned by an organisation which has the advancement of religion as its principal purpose and the regular holding of worship as its principal activity; and
ii
occupied by a person whose principal responsibility is the leading of members of the organisation in worship and preaching the faith of that organisation;
k
the house is part of an estate of a deceased person and has been held by an executor for a period not exceeding 6 months from the date of death; or
l
the house is in the lawful possession of a heritable creditor and has been held by that creditor for a period not exceeding 6 months from the date of possession.