Editorial Information
X1Editorial note: The substitution of s. 13 and its cross-heading and the insertion of sch. 1A by the Land Reform (Scotland) Act 2016 (asp 18), s. 101(2)(3) (version dated 23.12.2016 on the timeline) has been brought into force only for the purpose of making regulations under paras. 2(4), 9(1) and 10(6) of sch. 1A. For s. 13 and its cross-heading as it otherwise remains in force, see the version dated 22.3.2011.
Textual Amendments
F1S. 13 and cross-heading substituted (23.12.2016 for the purpose of making regulations under sch. 1A paras. 2(4), 9(1), 10(6) and otherwise prosp.) by Land Reform (Scotland) Act 2016 (asp 18), ss. 101(2), 130(1) (with s. 128); S.S.I. 2016/365, reg. 2, sch.
(1)Subsection (2) applies where a landlord has carried out an improvement and—
(a)the landlord did not give notice of the improvement to the tenant in accordance with section 14A,
(b)the tenant objected to the improvement under section 14B and the Land Court has not approved the improvement under section 14C(2)(a),
(c)the improvement is in breach of any decision of the Land Court under section 14C,
(d)the improvement was not an emergency improvement as defined in section 14F.
(2)Any such improvement is to be disregarded for the purposes of—
(a)assessing the tenant's responsibilities—
(i)in relation to farming the holding in accordance with the rules of good husbandry,
(ii)in relation to fixed equipment under section 5(2)(b)(ii).
(b)any subsequent rent review under schedule 1A.]
Textual Amendments
F2Ss. 14A-14F inserted (23.12.2016) by Land Reform (Scotland) Act 2016 (asp 18), ss. 119(2), 130(1) (with s. 128); S.S.I. 2016/365, reg. 2, sch. (with reg. 9)