Ongoing cases

Effect of amendments on ongoing cases3

1

The repeals in article 2(2)(c) are to apply in relation to any ongoing application for an order under section 72(8) of the 2003 Act.

2

In consequence, the Scottish Land Court (or any other court considering the application on appeal) must make an order disposing of the application in such manner as it considers reasonable.

3

An order under paragraph (2) may, in particular—

a

specify shorter periods for the purposes of section 73(4) and (5) of the 2003 Act,

b

specify the date on which the tenancy to which the application relates is to terminate,

c

deal with such other matters relating to the tenancy or its termination as the Court considers appropriate.

4

An order under paragraph (2) is to be treated as a determination of a matter by virtue of the 2003 Act.

5

In this article, a reference to an ongoing application for an order under section 72(8) of the 2003 Act is a reference to an application made to the Scottish Land Court under section 72(7) of that Act before the coming into force of this Order and which, at that time—

a

has not been finally determined by the Scottish Land Court, or

b

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