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Law Reform (Miscellaneous Provisions) (Scotland) Act 1985, Section 7 is up to date with all changes known to be in force on or before 15 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)In sections 4 to 6 of this Act “lease” means a lease of land, whether entered into before or after the commencement of those sections, but does not include a lease of land—
(a)used wholly or mainly for residential purposes; F1...
(b)comprising F1... a croft, the subject of a cottar or the holding of a landholder or a statutory small tenant[F2; or
(c)where the lease is an agricultural lease.]
(2)In subsection (1) above—
[F3“agricultural lease” means a lease constituting a 1991 Act tenancy within the meaning of the Agricultural Holdings (Scotland) Act 2003 (asp 11) or a lease constituting a short limited duration tenancy or a limited duration tenancy (within the meaning of that Act);]
“cottar” has the same meaning as in section 28(4) of the M1Crofters (Scotland) Act 1955;
“croft” has the same meaning as in section 3 of the Crofters (Scotland) Act 1955; and
“holding” (in relation to a landholder or statutory small tenant), “landholder” and “statutory small tenant” have the same meanings as in the Small Landholders (Scotland) Acts 1886 to 1931.
Textual Amendments
F1Words in s. 7(1)(a)(b) repealed (27.11.2003) by Agricultural Holdings (Scotland) Act 2003 (asp 11), s. 95(3)(4), Sch. para. 7(a)(i) (with s. 95(2)); S.S.I. 2003/548, art. 2(i) (with Sch.)
F2S. 7(1)(c) and preceding word inserted (27.11.2003) by Agricultural Holdings (Scotland) Act 2003 (asp 11), s. 95(3)(4), Sch. para. 7(a)(ii) (with s. 95(2)); S.S.I. 2003/548, art. 2(i) (with Sch.)
F3Words in s. 7(2) substituted (27.11.2003) by Agricultural Holdings (Scotland) Act 2003 (asp 11), s. 95(3)(4), Sch. para. 7(b) (with s. 95(2)); S.S.I. 2003/548, art. 2(i) (with Sch.)
Modifications etc. (not altering text)
C1S. 7 excluded (3.2.1995) by 1994 c. 33, s. 106(3)(a); S.I. 1995/127, art. 2(1), Sch. 1
S. 7 excluded (1.8.2000) by 1999 c. 33, s. 149(3)(e); S.I. 2000/1985, art. 2, Sch.
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