Amendment of the Agricultural Holdings (Scotland) Act 2003

Amendment of the Agricultural Holdings (Scotland) Act 20032

1

The Agricultural Holdings (Scotland) Act 2003 (asp 11) (“the 2003 Act”) is amended as follows.

2

In section 72 (rights of certain persons where tenant is a limited partnership)—

a

in subsection (2), the words “unless the conditions mentioned in subsection (5) are met” are repealed;

b

in subsection (3), in the closing words, the words “subject to subsection (4)” are repealed;

c

subsections (4), (5) and (7) to (11) are repealed.

3

After section 72, insert—

72AApplication of section 73

1

Section 73 applies to a tenancy continuing to have effect by virtue of section 72(6) unless the tenancy is a relevant tenancy.

2

If—

a

the tenancy is a relevant tenancy,

b

the circumstances described in subsection (3) do not apply, and

c

the landlord gives an application notice to the tenant within the intimation period,

section 73 applies to the tenancy from the date on which the application notice is given.

3

The circumstances are that—

a

the landlord purchased the landlord’s interest in the tenancy at a time when it was no longer possible for an order under section 72(8) to be made in respect of the tenancy, or

b

the landlord acquired (by any means) the landlord’s interest in the tenancy from—

i

the landlord who purchased that interest in the circumstances described in paragraph (a), or

ii

a successor of such a landlord.

4

In this section—

  • “application notice” means a notice, in writing, intimating that the landlord may bring the tenancy to an end in accordance with section 73,

  • “the intimation period” means the period of 12 months beginning on 28th November 2014,

  • “relevant tenancy” means a tenancy continuing to have effect by virtue of section 72(6) where—

    1. a

      the action taken by a limited partner in consequence of which the tenancy was purportedly terminated (being an action described in section 72(3)(a) to (c)) occurred before 1st July 2003,

    2. b

      notice was given to the landlord under section 72(6) before the coming into force of this section, and

    3. c

      there is no ongoing application for an order under section 72(8) in respect of the tenancy;

  • “successor” includes the executor, assignee, legatee, disponee, guardian, legal representative (within the meaning of Part I of the Children (Scotland) Act 1995) or (in relation to a sequestration) trustee or interim trustee, of a landlord.

5

For the purposes of this section, a reference to an ongoing application for an order under section 72(8) is a reference to an application made to the Land Court under section 72(7) before the coming into force of this section and which, at that time—

a

has not been finally determined by the Land Court, or

b

is subject to an appeal from that Court which has not been finally determined.