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Agricultural Holdings (Scotland) Act 1991
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- UK Public General Acts
- 1991 c. 55
- Part II
- Section 11
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Changes over time for: Section 11
Alternative versions:
- 25/09/1991- Amendment
- 27/11/2003- Amendment
- 23/12/2016- Amendment
- 23/12/2016
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Point in time view as at 23/12/2016.
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There are currently no known outstanding effects for the Agricultural Holdings (Scotland) Act 1991, Section 11.
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11 Bequest of lease.S
(1)Subject to [F1subsections (2) and (3) and to sections 12A to 12C] , the tenant of an agricultural holding may, by will or other testamentary writing, bequeath his lease of the holding to [F2any one of the persons mentioned in subsection (1A) ] .
[F3(1A)The persons referred to in subsection (1) are—
(a)any person who would be, or would in any circumstances have been, entitled to succeed to the tenant's estate on intestacy by virtue of the Succession (Scotland) Act 1964,
(b)a spouse or civil partner of a child of the tenant,
(c)a spouse or civil partner of a grandchild of the tenant,
(d)a spouse or civil partner of a brother or sister of the tenant,
(e)a brother or sister of the tenant's spouse or civil partner,
(f)a spouse or civil partner of such a brother or sister,
(g)a child (including a step-child) of such a brother or sister,
(h)a grandchild (including a step-grandchild) of such a brother or sister,
(i)a step-child of the tenant,
(j)a spouse or civil partner of such a step-child,
(k)a descendant of such a step-child,
(l)a step-brother or step-sister of the tenant,
(m)a spouse or civil partner of such a step-brother or step-sister,
(n)a descendant of such a step-brother or step-sister.]
(2)A person to whom the lease of a holding is so bequeathed (in this section [F4and in sections 12A to 12C] referred to as “the legatee”) shall, if he accepts the bequest, give notice of the bequest to the landlord of the holding within 21 days after the death of the tenant, or, if he is prevented by some unavoidable cause from giving such notice within that period, as soon as practicable thereafter.
(3)The giving of a notice under subsection (2) above shall import acceptance of the lease and, unless the landlord gives a counter-notice under [F5section 12A(2) or 12B(2)] , the lease shall be binding on the landlord and on the legatee, as landlord and tenant respectively, as from the date of the death of the deceased tenant.
F6(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8)If the legatee does not accept the bequestF7... the right to the lease shall be treated as intestate estate of the deceased tenant in accordance with Part I of the Succession (Scotland) Act 1964.
Textual Amendments
F1Words in s. 11(1) substituted (23.12.2016) by Land Reform (Scotland) Act 2016 (asp 18), ss. 109(2)(a), 130(1) (with s. 128); S.S.I. 2016/365, reg. 2, sch. (with regs. 5-8)
F2Words in s. 11(1) substituted (23.12.2016) by Land Reform (Scotland) Act 2016 (asp 18), ss. 107(a), 130(1) (with s. 128); S.S.I. 2016/365, reg. 2, sch. (with regs. 5-8)
F3S. 11(1A) inserted (23.12.2016) by Land Reform (Scotland) Act 2016 (asp 18), ss. 107(b), 130(1) (with s. 128); S.S.I. 2016/365, reg. 2, sch. (with regs. 5-8)
F4Words in s. 11(2) inserted (23.12.2016) by Land Reform (Scotland) Act 2016 (asp 18), ss. 109(2)(b), 130(1) (with s. 128); S.S.I. 2016/365, reg. 2, sch. (with regs. 5-8)
F5Words in s. 11(3) substituted (23.12.2016) by Land Reform (Scotland) Act 2016 (asp 18), ss. 109(2)(c), 130(1) (with s. 128); S.S.I. 2016/365, reg. 2, sch. (with regs. 5-8)
F6S. 11(4)-(7) repealed (23.12.2016) by Land Reform (Scotland) Act 2016 (asp 18), ss. 109(2)(d), 130(1) (with s. 128); S.S.I. 2016/365, reg. 2, sch. (with regs. 5-8)
F7Words in s. 11(8) repealed (23.12.2016) by Land Reform (Scotland) Act 2016 (asp 18), ss. 109(2)(e), 130(1) (with s. 128); S.S.I. 2016/365, reg. 2, sch. (with regs. 5-8)
Modifications etc. (not altering text)
C1S. 11(2)-(7) applied (with modifications) (27.11.2003) by Agricultural Holdings (Scotland) Act 2003 (asp 11), ss. 21(2), 95(3), 95(4) (with s. 95(2)); S.S.I. 2003/548, art. 2(a) (with Sch.)
C2S. 11(2)(3) applied (with modifications) by 2003 asp 11, s. 21(2) (as substituted (23.12.2016) by Land Reform (Scotland) Act 2016 (asp 18), s. 130(1), sch. 2 para. 16(2) (with s. 128); S.S.I. 2016/365, reg. 2, sch. (with regs. 5-8))
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