SCHEDULES

SEVENTH SCHEDULE Adustments between landlords and tenants and in respect of mortgages and mining leases and orders

Part VIApplication to Scotland

25

In the application of this Schedule to Scotland—

F1 a

F2subject to sub-paragraphs (ba), (bc), (bd)(i) and (be) of this paragraph,for references—

i

F5to the Act of 1986 and to sections 12, 13, 23 and 84 of that Act there shall be substituted respectively references to the Scottish Act of 1991 and to sections 13, 15, 10 and 61 of that Act;

F5to the Act of 1986 and to sections 12, 13 and 84 of that Act there shall be substituted respectively references to (as the case may be)–

A

the Scottish Act of 1991 and to sections 13, 15 and 61 of that Act; or

B

the Scottish Act of 2003 and to sections 9, 10 and 77 or 78 of that Act; and

ia

to section 23 of the Act of 1986 there shall be substituted a reference to section 10 of the Scottish Act of 1991; and

ii

to section 10 of the Act of 1986 and to subsections (3) and (4) of that section there shall be substituted respectively references to section 18 of the Scottish Act of 1991 and to subsections (2) and (3) of that section; and

iii

to subsection (3) of section 79 of the Act of 1986 there shall be substituted references to section 40(4)(a) of the Scottish Act of 1991.

b

F6for references to an arbitrator there shall be substituted references to an arbiter;

F6for references to an arbitrator there shall be substituted references to an arbiter or, as the case may be, to the Scottish Land Court.

F3ba

in sub-paragraph (1) of paragraph 2, the words “held under a tenancy in relation to which the Act of 1986 applies” shall be omitted;

bb

sub-paragraph (7) of paragraph 4 shall be omitted;

bc

in sub-paragraph (1) of paragraph 5, the words “held under a tenancy in relation to which the Act of 1986 applies” shall be omitted;

bd

in paragraph (6)—

i

for paragraphs (a) and (b) of sub-paragraph (1) there shall be substituted the words “an agricultural holding”; and

ii

sub-paragraph (2A) shall be omitted;

be

in sub-paragraph (1)(a) of paragraph 12, for the words “was not comprised in a tenancy in relation to which the Act of 1986 applies or in a farm business tenancy” there shall be substituted the words “did not constitute or form part of an agricultural holding”;

c

paragraphs F41A, 2A, 3A, 4A, 7, 7A and 13 shall be omitted;

d

for any reference to a holding to which Part I of the M1Landlord and Tenant Act 1927, applies there shall be substituted a reference to a holding the tenant of which is entitled by the terms of his lease to claim compensation in respect of improvements, and any reference to the said Part I or to a tenant entitled to compensation thereunder shall be construed accordingly;

e

in paragraph 12 for sub-paragraph (4) there shall be substituted the following sub-paragraph:—

4

In this paragraph ”the court’ means the sheriff having jurisdiction in the place where the holding, or any part of it, is situated

f

in Part III references to a mortgage shall be omitted;

g

Part V shall be omitted.