Agricultural Holdings (Scotland) Act 1991

Part I Agricultural Holdings

1 Meaning of “agricultural holding” and “agricultural land”.

2 Leases for less than year to year.

3 Leases to be continued by tacit relocation.

Part II Terms of Leases and Variations Thereof

4 Written leases and the revision of certain leases.

5 Fixed equipment and insurance premiums.

6 Sums recovered under fire insurance policy.

7 Freedom of cropping and disposal of produce.

8 Record of condition, etc., of holding.

9 Arbitration as to permanent pasture.

10 Power of landlord to enter on holding.

10AAssignation of tenancy

11 Bequest of lease.

12Transfer of lease on intestacy

12ALandlord's objection to legatee or acquirer on intestacy: near relative

12BLandlord's objection to legatee or acquirer on intestacy: other persons

12CLandlord's objection to legatee or acquirer on intestacy: supplementary provision

14Determination by the Land Court under sections 4 and 5

14ALandlord improvement notices

14BObjection by tenant

14CReferral to Land Court

14DNotice of dates of improvement

14EImprovement by landlord without notice etc.

14FEmergency improvements

15 Increase of rent for certain improvements by landlord.

Tenant’s right to withhold rent

15ATenant’s right to withhold rent

Termination of tenancy

16 Leases not terminated by variation of terms, etc..

16ALeases not terminated on grounds of non-residence

17 Prohibition of removal of manure, etc., after notice to quit,etc..

18 Tenant’s right to remove fixtures and buildings.

19 Payment for implements, etc., sold on quitting holding.

20 Removal of tenant for non-payment of rent.

Part III Notice to Quit and Notice of Intention to Quit

21 Notice to quit and notice of intention to quit.

22 Restrictions on operation of notices to quit.

23 Consent by Land Court or arbitration on notices to quit.

24 Consents for purposes of section 22.

25 Termination of tenancies acquired by succession.

26 Certificates of bad husbandry.

27 Penalty for breach of condition.

28 Effect on notice to quit of sale of holding.

29 Notice to quit part of holding to be valid in certain cases.

29AHolding to be restored in certain circumstances

30 Tenant’s right to treat notice to quit part as notice to quit entire holding.

31 Reduction of rent where tenant dispossessed of part of holding.

32 Further restrictions on operation of certain notices to quit.

PART 3ARelinquishing and assignation of holdings

CHAPTER 1Tenant's offer to relinquish holding

Application of Part and key terms

32AApplication of Part

32BNew entrants to farming and persons progressing in farming

32CTenant's offer to relinquish tenancy

32DForm and content of notice of intention to relinquish

32ERestrictions on serving notice of intention to relinquish

32FRestriction on notice to quit etc. where notice of intention to relinquish served

Appointment of valuer

32GAppointment of valuer by Tenant Farming Commissioner

32HObjection to valuer appointed by Tenant Farming Commissioner

32IValuer's expenses

Valuer's assessment

32JAssessment of value of land etc.

32KValuation: further provision

Calculation of compensation

32LCompensation payable by landlord to tenant

Notice of assessment

32MNotice of assessment

Appeal against valuer's assessment

32NAppeal to Lands Tribunal against valuer's assessment

32OReferral of certain matters by Lands Tribunal to Land Court

Withdrawal of notice of intention to relinquish

32PWithdrawal of notice of intention to relinquish

Landlord's response to tenant's offer to quit tenancy

32QLandlord's acceptance of notice of intention to relinquish

32RNotice of declinature

32SWithdrawal of notice of acceptance

Payment of compensation ends tenancy

32TConsequences of landlord paying compensation to tenant

CHAPTER 2Assignation where landlord does not accept tenant's offer

32UAssignation where landlord does not accept notice of intention to relinquish

32VApplication of section 10A to assignation under this Part

CHAPTER 3Interpretation

32WInterpretation of Part

Part IV Compensation for Improvements

33 Improvements.

33AAgreements as to compensation for improvements

34 Right to compensation for improvements.

34AAmnesty under the Land Reform (Scotland) Act 2016

35 Payment of compensation by incoming tenant.

36 Amount of compensation under this Part.

37 Consents necessary for compensation for some improvements.

38 Notice required of certain improvements.

39 Compensation for Sch. 5, Pt.II, improvements conditional on approval of Land Court in certain cases.

Part V Other Provisions Regarding Compensation

40 Market gardens.

41 Direction by Land Court that holding be treated as market garden.

42 Agreements as to compensation relating to market gardens.

43 Compensation for disturbance.

44 Compensation for continuous adoption of special standard of farming.

45 Compensation to landlord for deterioration etc. of holding.

45ACompensation arising as a result of diversification and cropping of trees

46 Compensation for failure to repair or maintain fixed equipment.

47 Provisions supplementary to ss. 45 and 46.

48 Landlord not to have right to penal rent or liquidated damages.

49 Compensation provisions to apply to parts of holdings in certain cases.

50 Determination of claims for compensation where holding is divided.

51 Compensation not to be payable for things done in compliance with this Act.

52 Compensation for damage by game.

53 Extent to which compensation recoverable under agreements.

Part VI Additional Payments

54 Additional payments to tenants quitting holdings.

55 Provisions supplementary to s. 54.

56 Additional payments in consequence of compulsory acquisition etc. of agricultural holdings.

57 Provisions supplementary to s. 56.

58 Effect of early resumption clauses on compensation.

59 Interpretation etc. of Part VI.

Part VII Arbitration and Other Proceedings

60Resolution of disputes by Land Court

61Agreement to refer matters to arbitration

61AArbitration: procedure etc.

61BClauses in leases as to resolution of disputes

62 Claims on termination of tenancy.

63 Panel of arbiters, and remuneration of arbiter.

64 Appointment of arbiter in cases where Secretary of State is a party.

65 Recovery of compensation and other sums due.

66 Power to enable demand to remedy a breach to be modified on arbitration.

67 Prohibition of appeal to sheriff principal.

Sheep stock valuation

68 Sheep stock valuation.

69 Submission of questions of law for decision of sheriff.

70 Determination by Land Court of questions as to value of sheep stock.

71 Statement of sales of stock.

72 Interpretation of sections 68 to 71.

Part VIII Miscellaneous

73 Power of Secretary of State to vary Schedules 5 and 6.

74 Power of limited owners to give consents, etc..

75 Power of tenant and landlord to obtain charge on holding.

76 Power of land improvement companies to advance money.

77 Appointment of guardian to landlord or tenant.

78 Validity of consents, etc..

Part IX Supplementary

Crown and Secretary of State

79 Application to Crown land.

80 Determination of matters where Secretary of State is landlord or tenant.

81 Expenses and receipts.

82 Powers of entry and inspection.

83 Proceedings of the Land Court.

Service of notices

84 Service of notices, etc..

85 Interpretation.

86 Construction of references in other Acts to holdings as defined by earlier Acts.

Consequential amendments and repeals

88 Consequential amendments and repeals.

Citation, commencement and extent

89 Citation, commencement and extent.

SCHEDULE 1 Provisions Required in Leases

1The names of the parties.

2Particulars of the holding with sufficient description, by reference to...

3The term or terms for which the holding or different...

4The rent and the dates on which it is payable....

5An undertaking by the landlord in the event of damage...

6An undertaking by the tenant, in the event of the...

SCHEDULE 1ARent Review

Rent review: service of rent review notice

1(1) The landlord of an agricultural holding to which this...

Form and content of rent review notice

2(1) A rent review notice must be dated and state...

Timing of rent review notice

3(1) A rent review notice may not be served under...

Withdrawal of rent review notice

4(1) This paragraph applies where— (a) a rent review notice...

Termination of rent review notice

5A rent review notice ceases to have effect on the...

Referral of rent to the Land Court

6(1) This paragraph applies where— (a) a rent review notice...

Powers of Land Court on referral under paragraph 6

7(1) This paragraph applies where a landlord or a tenant...

New rent to take effect from rent agreement date

8The rent agreed between the landlord and the tenant or,...

Productive capacity

9(1) The Scottish Ministers may by regulations make provision for...

Surplus residential accommodation

10(1) Residential accommodation on an agricultural holding is surplus to...

Open market rent

11For the purposes of paragraphs 7(4) and 10(4)(a)(ii), the “...

Power of Land Court to phase in new rent

12(1) This paragraph applies where the Land Court determines under...

Interpretation

13In this schedule— “ open market rent ” has the...

SCHEDULE 2 Grounds for Consent to Operation of Notices to Quit a Tenancy Where Section 25(3) Applies

Part I Grounds For Consent to Operation of Notice to Quit a Tenancy Let Before 1 January 1984

. . . . . . . . . ....

. . . . . . . . . ....

. . . . . . . . . ....

Part II Grounds for Consent to Operation of Notice to Quit a Tenancy Let on or After 1 January 1984

. . . . . . . . . ....

. . . . . . . . . ....

. . . . . . . . . ....

. . . . . . . . . ....

Part III Supplementary

1 Grounds for Consent to Operation of Notices to Quit a Tenancy Where Section 25(3) Applies

2 Grounds for Consent to Operation of Notices to Quit a Tenancy Where Section 25(3) Applies

3 Grounds for Consent to Operation of Notices to Quit a Tenancy Where Section 25(3) Applies

SCHEDULE 3 1923 Act Improvements For Which Compensation May Be Payable

Part I Improvements For Which Consents Required

1Erection, alteration, or enlargement of buildings.

2Formation of silos.

3Laying down of permanent pasture.

4Making and planting of osier beds.

5Making of water meadows or works of irrigation.

6Making of gardens.

7Making or improvement of roads or bridges.

8Making or improvement of watercourses, ponds, wells, or reservoirs, or...

9Making or removal of permanent fences.

10Planting of hops.

11Planting of orchards or fruit bushes.

12Protecting young fruit trees.

13Reclaiming of waste land.

14Warping or weiring of land.

15Embankments and sluices against floods.

16Erection of wirework in hop gardens.

17Provision of permanent sheep dipping accommodation.

18In the case of arable land, the removal of bracken,...

Part II Improvements For Which Notice Required

Part III Improvements For Which No Consents Or Notice Required

20Chalking of land.

21Clay-burning.

22Claying of land or spreading blaes upon land.

23Liming of land.

24Marling of land.

25Application to land of purchased artificial or other manure.

26Consumption on the holding by cattle, sheep, or pigs, or...

27Consumption on the holding by cattle, sheep, or pigs, or...

28Laying down temporary pasture with clover, grass, lucerne, sainfoin, or...

29Repairs to buildings, being buildings necessary for the proper cultivation...

SCHEDULE 4 1931 Act Improvements For Which Compensation May Be Payable

Part I Improvements For Which Consent Required

1Erection, alteration, or enlargement of buildings.

2Laying down of permanent pasture.

3Making and planting of osier beds.

4Making of water meadows or works of irrigation.

5Making of gardens.

6Planting of orchards or fruit bushes.

7Protecting young fruit trees.

8Warping or weiring of land.

9Making of embankments and sluices against floods.

Part II Improvements Of Which Notice Required

11Formation of silos.

12Making or improvement of roads or bridges.

13Making or improvement of watercourses, ponds or wells, or of...

14Making or removal of permanent fences.

15Reclaiming of waste land.

16Repairing or renewal of embankments and sluices against floods.

17Provision of sheep dipping accommodation.

18Provision of electrical equipment other than moveable fittings and appliances....

Part III Improvements For Which No Consent Or Notice Required

19Chalking of land.

20Clay-burning.

21Claying of land or spreading blaes upon land.

22Liming of land.

23Marling of land.

24Eradication of bracken, whins, or gorse growing on the holding...

25Application to land of purchased artificial or other manure.

26Consumption on the holding by cattle, sheep, or pigs, or...

27Consumption on the holding by cattle, sheep, or pigs, or...

28Laying down temporary pasture with clover, grass, lucerne, sainfoin, or...

29Repairs to buildings, being buildings necessary for the proper cultivation...

SCHEDULE 5 New Improvements For Which Compensation May Be Payable

Part I Improvements For Which Consent Is Required

1Laying down of permanent pasture.

2Making of water-meadows or works of irrigation.

3Making of gardens.

4Planting of orchards or fruit bushes.

5Warping or weiring of land.

6Making of embankments and sluices against floods.

7Making or planting of osier beds.

8Haulage or other work done by the tenant in aid...

Part II Improvements For Which Notice Is Required

9Land drainage.

10Construction of silos.

11Making or improvement of farm access or service roads, bridges...

12Making or improvement of watercourses, ponds or wells, or of...

13Making or removal of permanent fences, including hedges, stone dykes...

14Reclaiming of waste land.

15Renewal of embankments and sluices against floods.

16Provision of stells, fanks, folds, dippers, pens and bughts necessary...

17Installation, provision, distribution or storage of electricity, gas, power, heat...

18Erection, alteration or enlargement of buildings, making or improvement of...

19Erection of hay or sheaf sheds, sheaf or grain drying...

20Provision of fixed threshing mills, barn machinery and fixed dairying...

21Improvement of permanent pasture by cultivation and re-seeding.

22Provision of means of sewage, waste or pollutant disposal, or...

23Repairs to fixed equipment, being equipment reasonably required for the...

23AErection of structures for the management or storage of slurries...

23BProvision of means of storing silage.

23CWorks to dwellings.

Part III Improvements For Which No Consent Or Notice Required

24Protecting fruit trees against animals.

25Clay burning.

26Claying of land.

27Liming (including chalking) of land.

28Marling of land.

29Eradication of bracken, whins or broom growing on the holding...

29ARemoval of tree roots, boulders, stones or other similar obstacles...

30Application to land of soil improvers, conditioners, digestates, manure or...

31Consumption on the holding of corn (whether produced on the...

32Laying down temporary pasture with clover, grass, lucerne, sainfoin, or...

SCHEDULE 6 Market Garden Improvements

1Planting of fruit trees or bushes permanently set out.

2Planting of strawberry plants.

3Planting of asparagus, rhubarb, and other vegetable crops which continue...

4Erection, alteration or enlargement of buildings for the purpose of...

SCHEDULE 7 Arbitrations

Appointment of Arbiters

Particulars of Claim

10 Arbitrations

11 Arbitrations

12 Arbitrations

13 Arbitrations

14 Arbitrations

15 Arbitrations

16 Arbitrations

17 Arbitrations

18 Arbitrations

19 Arbitrations

Statement of Case

20 Arbitrations

21 Arbitrations

22 Arbitrations

Removal of Arbiter and Setting Aside of Award

23 Arbitrations

24 Arbitrations

25 Arbitrations

SCHEDULE 8 Supplementary Provisions with Respect to Payments Under Section 56

1Subject to paragraph 4 of this Schedule, any dispute with...

2If in any case the sum to be paid by...

3Where, on an application under paragraph 2 above, the tribunal...

4For the purposes of paragraph 3(a) above, section 13(1) of...

5The enactments mentioned in paragraph 6 of this Schedule shall,...

6The enactments aforesaid are— (a) sections 56 to 60, 62,...

SCHEDULE 9 Valuation of Sheep Stock in Scotland in Respect of Old Leases

Part I Valuation Made in Respect of a Tenancy Terminating at Whitsunday

1The Land Court or, by virtue of section 61(1) of...

2The valuer shall calculate an average price per ewe, and...

3The valuer shall then ascertain the mean of the average...

4In the case of any sheep stock in which the...

5The 3-year average price for ewes shall be subject to...

6In making his award the valuer shall value the respective...

Part II Valuation Made in Respect of a Tenancy Terminating at Martinmas

7The valuer shall ascertain the number of, and the prices...

8The mean of the average prices so calculated shall be...

9In making his award the valuer shall assess the respective...

Particulars to be Shown in an Arbiter’s Award

10The 3-year average price for ewes and the 3-year average...

11Any amount added or taken away by way of adjustment...

12The number of each class of stock valued (ewes and...

13Any amount added to or taken away by way of...

Part IV Interpretation

14In this Schedule the expressions “ewe”, “gimmer”, “eild ewe”, “eild...

SCHEDULE 10 Valuation of Sheep Stock in Scotland in Respect of Leases Entered into after 1st December 1986

Part I Valuation Made in Respect of a Tenancy Terminating at Whitsunday

1The Land Court or, by virtue of section 61(1) of...

2The valuer shall calculate an average price per ewe, and...

3The valuer shall then ascertain the mean of the average...

4In the case of any sheep stock in which the...

5The 3-year average price for regular cast ewes shall be...

6In making his award the valuer shall value the respective...

Part II Valuation Made in Respect of a Tenancy Terminating at Martinmas

7The valuer shall ascertain the number of, and the prices...

8The mean of the average prices so calculated shall be...

9In making his award the valuer shall assess the respective...

Particulars to be Shown in an Arbiter’s Award

10The 3-year average price for regular cast ewes and the...

11Any amount added or taken away by way of adjustment...

12The number of each class of stock valued (ewes and...

13Any amount added to or taken away by way of...

Part IV Interpretation

14In this Schedule the expressions “regular cast ewes”, “ewe”, “gimmer”,...

SCHEDULE 11 Consequential Amendments of Enactments

Hill Farming Act 1946 (c. 73)

1In section 9, as substituted by the Seventh Schedule to...

Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (c. 65)

2In section 21— (a) in subsection (2) for “Subsection (1)...

3In section 22(4)(a), for “subsection (1) of section twenty five...

4In section 38(6)(a)(i), for “Agricultural Holdings (Scotland) Act 1949” substitute...

Crofters (Scotland) Act 1955 (c. 21)

5In section 14(10), for “Agricultural Holdings (Scotland) Act 1949” substitute...

6In section 37(1), in the definition of “fixed equipment”, for...

7In Schedule 2, paragraph 10, for “section 15 of the...

Agriculture (Safety, Health and Welfare Provisions) Act 1956 (c.49)

8In section 25(4), for the words from “the provisions” to...

9In section 25(5), for “section eight of the Agricultural Holdings...

10In section 25(10), in the definition of “agricultural holding”, “fixed...

Coal Mining (Subsidence) Act 1957 (c.59)

11In section 10(1)(a), for “Agricultural Holdings (Scotland) Act 1949” substitute...

Opencast Coal Act 1958 (c.69)

12In section 14A— (a) in subsection (3), for the words...

13For section 24(10) substitute— (10) In the application of this...

14For section 25(3) substitute— (3) In the application of this...

15In section 26(6) after “Scotland” insert “ (a) ” and...

16In section 27(4), for “section fourteen of the Scottish Act...

17In section 28(6)— (a) for “to section sixty-five of the...

18In section 52(2)— (a) in the definition of “agricultural holding”,...

19In section 52(5)(a)— (a) for “the Scottish Act of 1949”...

20In Schedule 6, paragraph 31, for “section 2(1) of the...

21For Schedule 7, paragraph 25(a) substitute— (a) for references—

Horticulture Act 1960 (c. 22)

22 Consequential Amendments of Enactments

Crofters (Scotland) Act 1961 (c. 58)

23In section 13(1), for “the Agricultural Holdings (Scotland) Act 1949”...

Succession (Scotland) Act 1964 (c. 41)

24I.n section 16— (a) in subsections (2)(c) and (3)(b)(i), for...

25In section 29(2), for “section 20 of the Agricultural Holdings...

Agriculture Act 1967 (c. 22)

26In section 26(1), for “the Agricultural Holdings (Scotland) Act 1949”...

27In section 27(5B), for “the Agricultural Holdings (Scotland) Act 1949”...

28In section 28(1)(a), for “section 35 of the Agricultural Holdings...

29In section 29— (a) in subsection (3)(a), for “section 35...

30In section 48(2)(a), for “section 35 of the Agricultural Holdings...

31In Schedule 3, paragraph 7(5)— (a) for “sections 75 and...

Conveyancing and Feudal Reform (Scotland) Act 1970 (c. 35)

32In Schedule 1 in paragraph 5(a), for “Agricultural Holdings (Scotland)...

Land Compensation (Scotland) Act 1973 (c. 56)

33In section 31(3)(c) for “Agricultural Holdings (Scotland) Act 1949” substitute...

34In section 44— (a) in subsection (2)(a)(i) for “section 25(2)(c)...

35In section 52— (a) in subsection (3)(d) for “Agricultural Holdings...

36In section 55— (a) for subsection (1)(b) substitute—

37In section 80(1), in the definitions of “agricultural holding” and...

Land Tenure Reform (Scotland) Act 1974 (c. 38)

38In section 8(5)(a), for “Agricultural Holdings (Scotland) Act 1949” substitute...

Control of Pollution Act 1974 (c. 40)

39In section 31B(2)(a), for the words “an absolute owner (within...

Matrimonial Homes (Family Protection)(Scotland) Act 1981 (c.59)

40In section 13(8), in the definition of “agricultural holding”, for...

Rent (Scotland) Act 1984 (c. 58)

41For section 25(1)(iii) substitute— (iii) the Agricultural Holdings (Scotland) Act...

Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73)

42In section 7(2), in the definition of “agricultural holding”, for...

Agriculture Act 1986 (c.49)

43In section 14(a) for “the Agricultural Holdings (Scotland) Act 1949”...

44In section 16— (a) in subsection (2), for “section 7...

45In section 18(6) for the words from “the absolute owner”...

46In section 19(4) for “the Crofters (Scotland) Act 1955” substitute...

47After section 23 insert— In this Act— “the 1886 Act” means the Crofters Holdings...

48In Schedule 2, paragraph 1(1)— (a) in the definition of...

49In Schedule 2, paragraph 3(1)(b), for “section 20 of the...

50In Schedule 2, paragraph 7— (a) in sub-paragraph (2), for...

51In Schedule 2, paragraph 10(1)— (a) in sub-paragraph (a), for...

52In Schedule 2, paragraph 11— (a) in sub-paragraph (1)(a), for...

53In Schedule 2, for paragraph 12 substitute— “ Sections 65...

Housing (Scotland) Act 1987 (c. 26)

54 Consequential Amendments of Enactments

55In section 338(1), in the definition of “agricultural holding”, for...

56In Schedule 8, Part IV, paragraph 13—

Housing (Scotland) Act 1988 (c. 43)

57In Schedule 4 in paragraph 6(a), for “Agricultural Holdings (Scotland)...

SCHEDULE 12 TRANSITIONALS AND SAVINGS

Continuation of savings

1The repeal by this Act of an enactment which repealed...

Construction of references to old and new law

2(1) Where an enactment contained in this Act repeals and...

Savings for specific enactments

3Nothing in this Act shall affect any provision of the...

4Section 21 of the Reserve and Auxilary Forces (Protection of...

5Notwithstanding section 16 of the Interpretation Act 1978, rights to...

SCHEDULE 13 Repeals and Revocations

Table of Derivations

Note: The following abbreviations are used in this Table—

Royal arms

Agricultural Holdings (Scotland) Act 1991

1991 CHAPTER 55

An Act to consolidate the Agricultural Holdings (Scotland) Act 1949 and other enactments relating to agricultural holdings in Scotland.

[25th July 1991]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—