An Act of the Scottish Parliament to make provision for a land rights and responsibilities statement; to establish the Scottish Land Commission, provide for its functions and the functions of the Land Commissioners and the Tenant Farming Commissioner; to make provision about access to, and provision of, information about owners and controllers of land; to make provision about engaging communities in decisions relating to land; to enable certain persons to buy land to further sustainable development; to make provision for non-domestic rates to be levied on shootings and deer forests; to make provision about the change of use of common good land; to make provision about the management of deer on land; to make provision about access rights to land; to amend the law on agricultural holdings to provide for new forms of agricultural tenancy, to remove the requirement to register before tenants of certain holdings can exercise a right to buy, to provide a new power of sale where a landlord is in breach of certain obligations, to provide about rent reviews, to expand the list of the persons to whom holdings can be assigned or bequeathed and to whom holdings can be transferred on intestacy and to make provision about landlords' objections to such successor tenants, to provide for certain holdings to be relinquished where landlords agree or assigned to persons new to or progressing in farming, to provide for a 3 year amnesty period in relation to certain improvements carried out by tenants, and to provide for notice of certain improvements proposed by landlords; and for connected purposes.
EnactedThe Bill for this Act of the Scottish Parliament was passed by the Parliament on 16th March 2016 and received Royal Assent on 22nd April 2016
PART 1 Land rights and responsibilities statement¶
1The Scottish Ministers must prepare and publish a land rights and responsibilities statement.2A “land rights and responsibilities statement” is a statement of principles for land rights and responsibilities in Scotland.3In preparing the statement, the Scottish Ministers must have regard to the desirability of—apromoting respect for, and observance of, relevant human rights,bpromoting respect for such internationally accepted principles and standards for responsible practices in relation to land as the Scottish Ministers consider to be relevant,cencouraging equal opportunities (within the meaning of Section L2 of Part 2 of schedule 5 of the Scotland Act 1998),dfurthering the reduction of inequalities of outcome which result from socio-economic disadvantage,esupporting and facilitating community empowerment,eapromoting, facilitating and supporting the Gaelic language,fincreasing the diversity of land ownership, andgfurthering the achievement of sustainable development in relation to land.4For the purposes of subsection (3)(a)––a“relevant human rights” means such human rights as the Scottish Ministers consider to be relevant to the preparation of the statement, andbin considering what human rights are relevant human rights, Ministers may consult the Scottish Commission for Human Rights and such other persons or bodies as they consider appropriate.5For the purposes of subsection (3)(b), “internationally accepted principles and standards for responsible practices in relation to land” include the principles and standards contained in the Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests in the context of National Food Security issued by the Food and Agriculture Organization of the United Nations and endorsed by the Committee on World Food Security on 11 May 2012.6In this section “human rights” means—athe Convention rights (within the meaning of section 1 of the Human Rights Act 1998), andbother human rights contained in any international convention, treaty or other international instrument ratified by the United Kingdom, including the International Covenant on Economic, Social and Cultural Rights adopted and opened for signature, ratification and accession by General Assembly resolution 2200A (XXI) of 16 December 1966 subject to—iany amendments in force in relation to the United Kingdom for the time being, andiiany reservations, objections or interpretative declarations by the United Kingdom for the time being in force.
I112 Publication and review of land rights and responsibilities statement¶
1The Scottish Ministers must publish the first land rights and responsibilities statement and lay it before the Scottish Parliament before the end of the period of 12 months beginning with the day on which this section comes into force.2Before complying with subsection (1), the Scottish Ministers must publish a draft of the statement and consult such persons as they consider appropriate.3The Scottish Ministers must lay before the Scottish Parliament a report setting out—athe consultation process undertaken in order to comply with subsection (2), andbthe ways in which views expressed during that process have been taken account of in preparing the statement (or stating that no account has been taken of such views).4The Scottish Ministers must review the first statement before the end of the period of 5 years beginning with the day on which the Scottish Ministers published the statement.5In carrying out the review of the statement, the Scottish Ministers must consult such persons as they consider appropriate.6If, following the review under subsection (4), the Scottish Ministers consider that it is not appropriate to prepare a revised statement, they must lay before the Scottish Parliament a report setting out—athe consultation process undertaken in order to comply with subsection (5), andbthe reasons why they consider that it is not appropriate to prepare a revised statement.7If, following the review under subsection (4), the Scottish Ministers consider that it is appropriate to prepare a revised statement, they must—apublish the revised statement and lay it before the Scottish Parliament, andblay before the Scottish Parliament a report setting out—ithe consultation process undertaken in order to comply with subsection (5), andiithe reasons why they consider that it is appropriate to prepare a revised statement.8The Scottish Ministers must review the statement, or revised statement, before the end of each period of 5 years beginning with the day on which they last laid before the Scottish Parliament the report under subsection (6) or, as the case may be, (7)(b).9Subsections (5) to (7) apply to the review of a statement, or revised statement, under subsection (8) as they apply to the review of the first statement under subsection (4).
I903 Duty to promote land rights and responsibilities statement¶
The Scottish Ministers must, in exercising their functions and so far as reasonably practicable, promote the principles set out in the land rights and responsibilities statement.
I121The Scottish Land Commission (in Gaelic, Coimisean Fearainn na h-Alba) is established by this section.2In this Act, it is referred to as “the Commission”.3The Commission is a body corporate.4The Commission is to consist of the following members—afive Land Commissioners, andbthe Tenant Farming Commissioner.I125The Scottish Ministers may by regulations amend subsection (4)(a) so as to alter the number of Land Commissioners.I616The Commission has the functions conferred by section 6.I617The Land Commissioners have the functions conferred by section 22.I618The Tenant Farming Commissioner has the functions conferred by section 24.
1The Commission is not a servant or agent of the Crown.2It does not enjoy any status, immunity or privilege of the Crown.3Its property is not property of, or property held on behalf of, the Crown.4Its members and staff—aare not servants or agents of the Crown,bhave no status, immunity or privilege of the Crown,care not to be regarded as civil servants.
The functions of the Commission are—ato provide the Land Commissioners and Tenant Farming Commissioner with the property, staff and services needed to perform their respective functions, andbto make such arrangements as are appropriate and practicable for the co-ordination of the performance of those respective functions.
1The Commission may do anything which it considers—ato be necessary or expedient for the purposes of, or in connection with, the exercise of—iits functions,iithe functions of the Land Commissioners,iiithe functions of the Tenant Farming Commissioner,bto be conducive to the exercise of those respective functions.2In particular, the Commission may—aenter into contracts,bacquire and dispose of land,cco-operate with any person,dobtain advice or assistance from any person who is, in the Commission's opinion, qualified to give it,epay any such person such fees, remuneration and allowances as the Commission may determine.
1The Commission must prepare a strategic plan setting out how the Commission, the Land Commissioners and the Tenant Farming Commissioner propose to exercise their respective functions for the period to which the plan relates.2A strategic plan must, in particular, set out—athe objectives and priorities of—ithe Commission,iithe Land Commissioners,iiithe Tenant Farming Commissioner,bestimates of the costs of the exercise of their respective functions of—ithe Commission,iithe Land Commissioners,iiithe Tenant Farming Commissioner.3The Commission must submit the strategic plan to the Scottish Ministers—ain the case of the first plan, before the end of the period of 6 months beginning with the day on which this section comes into force,bin the case of each subsequent plan, before the end of the period of 3 years beginning with the day on which the Commission last submitted its strategic plan.4The Scottish Ministers may—aapprove the strategic plan,bapprove the strategic plan with such modifications as they consider appropriate in consultation with the Commission,creject the strategic plan and direct the Commission to submit a revised plan before the end of such period as the Scottish Ministers may determine.5Where the Scottish Ministers approve the strategic plan under subsection (4)(a) or (4)(b), the Commission must as soon as practicable—apublish the plan in such form as it considers appropriate, andblay a copy of the plan before the Scottish Parliament.6The Commission—amust comply with any direction to submit a revised strategic plan under subsection (4)(c),bmay from time to time submit a revised strategic plan.7Subsections (4) and (5) apply to a revised strategic plan as they apply to a strategic plan.
1The Land Commissioners must prepare a programme of work setting out—ainformation on any proposed reviews under section 22(1)(a),binformation on any other activities,ctimetables for the programme.2The Commission must submit the Land Commissioners' programme of work to the Scottish Ministers when it submits the strategic plan under section 8.3The Commission must—apublish the programme of work in such form as it considers appropriate, andblay a copy of the programme before the Scottish Parliament.4The Commission may from time to time submit a revised programme of work.5Subsection (3) applies to a revised programme of work as it applies to a programme of work.
1The Scottish Ministers are to appoint the members of the Commission.2The Scottish Ministers may appoint a person as a member only if the Scottish Parliament has approved the appointment.3Each member is to be appointed for such period, not exceeding 5 years, as the Scottish Ministers may determine.4Subject to sections 11, 12 and 13, an appointed member holds and vacates office on such terms and conditions as the Commission may, with the approval of the Scottish Ministers, determine.5The Scottish Ministers may reappoint as a member a person who is or has been a member.6Subsections (2) and (3) apply to a reappointment under subsection (5) as they apply to an appointment under subsection (1).7The Scottish Ministers must select one of the Land Commissioners to chair the Commission.
1In appointing members to the Commission, the Scottish Ministers must—ahave regard among other things to the desirability of the Commission (taken as a whole) having expertise or experience in—iland reform,iilaw,iiifinance,iveconomic issues,vplanning and development,viland management,viicommunity empowerment,viiienvironmental issues,ixhuman rights,xequal opportunities,xithe reduction of inequalities of outcome which result from socio-economic disadvantage, andbencourage equal opportunities and in particular the observance of the equal opportunity requirements.2In appointing the Land Commissioners, the Scottish Ministers must take every reasonable step to ensure that at least one of the Commissioners is a speaker of the Gaelic language.3In appointing the Tenant Farming Commissioner, the Scottish Ministers must ensure that the person appointed has expertise or experience in agriculture.4When the Scottish Ministers refer an appointment to the Scottish Parliament for approval under section 10(2), they must lay before the Scottish Parliament a statement as to how they have complied with the duties in subsections (1) to (3).5In subsection (1) “equal opportunities” and “equal opportunity requirements” have the same meanings as in Section L2 of Part 2 of schedule 5 of the Scotland Act 1998.
I171A person may not be appointed as a member of the Commission if that person is or has been at any time during the previous 12 months—aa member of the House of Commons,ba member of the Scottish Parliament,ca member of the European Parliament,dan officer-holder of the Scottish Administration,ea councillor of any local authority.I172A person may not be appointed as the Tenant Farming Commissioner if that person is the owner or tenant of land subject to a relevant tenancy.3In this Part “relevant tenancy” means—I17aa tenancy to which the 1991 Act applies, orI18ba tenancy under sections 4, 5, 5A or 5C of the 2003 Act (new types of tenancy).I174A person's appointment as a member ceases if, during the person's period of appointment, any of subsection (1)(a) to (e) applies to that person.I175A person's appointment as the Tenant Farming Commissioner ceases if, during the person's period of appointment, subsection (2) applies to that person.
1A member of the Commission may resign at any time by giving notice in writing to the Scottish Ministers.2The Scottish Ministers may by giving notice in writing revoke the appointment of a person as a member if satisfied that the person—ais insolvent,bhas been convicted of a criminal offence in relation to which the member has been sentenced to imprisonment for a period of 3 months or more,cis incapacitated by physical illness or mental disorder,dhas been absent from meetings of the Commission for a period exceeding 6 months without the permission of the Commission, oreis otherwise unable or unfit to exercise any of the functions of a member or is unsuitable to continue as a member.3For the purposes of subsection (2)(a) a person becomes insolvent when—athe person's estate is sequestrated,bthe person grants a trust deed for creditors or makes a composition or arrangement with creditors,ca voluntary arrangement proposed by the person is approved,dthe person's application for a debt payment programme is approved under section 2 of the Debt Arrangement and Attachment (Scotland) Act 2002, orethe person becomes subject to any other kind of order or arrangement analogous to those described in paragraphs (a) to (d) anywhere in the world.
1The Commission may pay its members and employees—asuch remuneration as the Commission may, with the approval of the Scottish Ministers, determine, andbsuch allowances in respect of expenses properly incurred in the exercise of the Commission's functions as may be so determined.2The Commission may, with the approval of the Scottish Ministers—apay (or make arrangements for the payment of),bmake payments towards the provision of,cprovide and maintain schemes (whether contributory or not) for the payment of,such pensions, allowances or gratuities to any member or employee or former member or employee of the Commission as the Commission may determine.3Those pensions, allowances or gratuities may include pensions, allowances or gratuities by way of compensation for loss of office.
1The Commission is to employ a person as chief executive.2The first chief executive is to be appointed by the Scottish Ministers on such terms as they may determine.3Each subsequent chief executive is to be appointed—aby the Commission with the approval of the Scottish Ministers,bon such terms and conditions as the Commission may, with the approval of the Scottish Ministers, determine.4The Commission may employ any other staff necessary for the exercise of its functions.5The Commission's staff are to be employed on such terms and conditions as the Commission may, with the approval of the Scottish Ministers, determine.
The validity of anything done by the Commission is not affected by—aa vacancy in membership,ba defect in the appointment of a member,ca person's membership having ended under section 13.
1The Commission may establish committees for any purpose relating to—aits functions,bthe functions of the Land Commissioners,cthe functions of the Tenant Farming Commissioner.2The Commission may authorise any committee to exercise such of its functions, and to such extent, as it may determine.3Nothing in subsection (2) affects the responsibility of the Commission for the exercise of its functions.4The Commission may appoint a person who is not a member of the Commission to be a member of a committee.5The Commission may pay to a person who is not a member of the Commission and who is appointed to a committee—asuch remuneration as the Commission may, with the approval of the Scottish Ministers, determine, andbsuch allowances in respect of expenses properly incurred in the exercise of the functions of the Commission, of the Land Commissioners or of the Tenant Farming Commissioner as may be so determined.6A committee must comply with any directions given to it by the Commission.
1The Commission must establish and maintain a register of interests.2Otherwise, the Commission may regulate its own procedure and those of its committees, including the quorum at any meeting.
1The Commission must—akeep proper accounts and accounting records,bprepare in respect of each financial year a statement of accounts.2The Commission must send a copy of the statement of accounts to the Scottish Ministers by such date as the Scottish Ministers may direct.3The Commission must comply with any other directions which the Scottish Ministers may give them in relation to the matters mentioned in subsection (1).3AThe Scottish Ministers must, as soon as reasonably practicable after receiving a copy statement of accounts from the Commission, send it to the Auditor General for Scotland for auditing.4The Commission must make its audited statement of accounts and accounting records available so that they may be inspected by any person.
1As soon as practicable after the end of each financial year, the Commission must prepare a report setting out—aan assessment of its performance in carrying out its functions, including—ithe functions of the Commission,iithe functions of the Land Commissioners,iiithe functions of the Tenant Farming Commissioner,ban assessment of the performance by the Commission and its members in achieving the main objectives set out in any strategic plan having effect during that year,can assessment of the performance by the Land Commissioners in relation to any programme of work having effect during that year,dsuch other information as the Commission considers appropriate.2The Commission must—apublish each annual report in such form as the Commission considers appropriate,bprovide a copy of each annual report to the Scottish Ministers, andclay a copy of each annual report before the Scottish Parliament.3The Commission—amay publish such other reports and information on matters relevant to its functions as it considers appropriate,bwhere it does so, must lay a copy of each report before the Scottish Parliament.
21 Application of legislation relating to public bodies¶
I271In the Ethical Standards in Public Life etc. (Scotland) Act 2000, in schedule 3 (devolved public bodies), at the appropriate place in alphabetical order insert— “
The Scottish Land Commission
”.I272In the Freedom of Information (Scotland) Act 2002, in Part 7 of schedule 1 (Scottish public authorities: others), after paragraph 90 insert—
.
I653In the Public Services Reform (Scotland) Act 2010—ain schedule 5 (improvement of public functions: listed public bodies), at the appropriate place in alphabetical order insert— “
Scottish Land Commission
”,bin schedule 8 (information on exercise of public functions: listed public bodies), at the appropriate place in alphabetical order insert— “
Scottish Land Commission
”.
I821The functions of the Land Commissioners are, on any matter relating to land in Scotland—ato review the impact and effectiveness of any law or policy,bto recommend changes to any law or policy,cto gather evidence,dto carry out research,eto prepare reports,fto provide information and guidance.I822The Land Commissioners must consider and advise on any such matter as the Scottish Ministers may refer to them.3In exercising their functions the Land Commissioners must—ahave regard to—I91ithe land rights and responsibilities statement prepared under section 1 or revised under section 2,I82iithe strategic plan prepared under section 8,I82iiithe programme of work prepared under section 9,I82bcollaborate with the Tenant Farming Commissioner.I824In so far as the exercise of their functions relates to agriculture and agricultural holdings, the Land Commissioners must have regard to the exercise of the Tenant Farming Commissioner's functions conferred by section 24.I825In this section a “matter relating to land in Scotland” includes—aownership and other rights in land,bmanagement of land,cuse of land,dthe land use strategy prepared under section 57 of the Climate Change (Scotland) Act 2009 ,ethe effects of natural capital markets in relation to other matters relating to land in Scotland,fthe relationship between scale and concentrations of land holdings and local economic development,gthe desirability of achieving a more diverse pattern of landownership comprising more landowners and different types of landowners,hmeasures to prevent depopulation and support the repopulation of land and the sustainability of communities.6In subsection (5) “natural capital market” means the trading of units or credits which are generated through a registration scheme for projects to restore or improve the natural environment.
I6623 Land Commissioners: delegation of functions¶
1The Land Commissioners may authorise the following to exercise such of their functions, and to such extent, as they may determine—aany committee,bany employee of the Commission,cany other person.2Nothing in subsection (1) affects the responsibility of the Land Commissioners for the exercise of their functions.
I6724 Functions of the Tenant Farming Commissioner¶
1The functions of the Tenant Farming Commissioner are—ato prepare codes of practice on agricultural holdings in accordance with section 27,bto promote the codes of practice in accordance with section 28,cto inquire into alleged breaches of the codes of practice in accordance with sections 29 to 34,dto prepare a report on the operation of agents of landlords and tenants in accordance with section 36,eto prepare recommendations for a modern list of improvements to agricultural holdings in accordance with section 37,fto refer for the opinion of the Land Court any question of law relating to agricultural holdings in accordance with section 38,gto collaborate with the Land Commissioners in the exercise of their functions to the extent that those functions relate to agriculture and agricultural holdings,hto exercise any other functions conferred on the Commissioner by any enactment.2The Tenant Farming Commissioner must exercise the Commissioner's functions with a view to encouraging good relations between landlords and tenants of agricultural holdings.3The Scottish Ministers must—areview the Tenant Farming Commissioner's functions before the end of the period of 3 years beginning with the day on which this section comes into force,bpublish the findings of the review as soon as practicable.4In carrying out a review under subsection (3), the Scottish Ministers must—ainvite the Tenant Farming Commissioner to give views on the operation of the Commissioner's functions and, in particular, on whether the Commissioner's powers are sufficient in relation to the Commissioner's duties,binvite such other persons appearing to Ministers to have an interest in the Commissioner's functions to give views on the operation of those functions, andchave regard to any such views.5Following review under subsection (3), the Scottish Ministers may by regulations modify subsection (1) to—aamend the functions of the Tenant Farming Commissioner,bremove functions from the Tenant Farming Commissioner,cconfer new functions on the Tenant Farming Commissioner.
I6825 Tenant Farming Commissioner: delegation of functions¶
1The Tenant Farming Commissioner may authorise the following to exercise such of the Commissioner's functions, and to such extent, as the Commissioner may determine—aany Land Commissioner,bany committee,cany employee of the Commission,dany other person.2But the Tenant Farming Commissioner may not authorise the function under section 24(1)(f) to be exercised by any other person.3Nothing in subsection (1) affects the responsibility of the Tenant Farming Commissioner for the exercise of the Commissioner's functions.
1The Scottish Ministers may appoint a person to carry out the functions of the Tenant Farming Commissioner during a period in which the office is vacant (an “acting Tenant Farming Commissioner”).2A person who is disqualified for appointment as Tenant Farming Commissioner is also disqualified for appointment as acting Tenant Farming Commissioner.3A person appointed as acting Tenant Farming Commissioner—amay, by giving notice in writing to the Scottish Ministers, resign at any time,bmay be dismissed by the Scottish Ministers at any time,cin other respects, holds appointment on such terms and conditions as the Scottish Ministers may determine.4While holding appointment as acting Tenant Farming Commissioner, a person is to be treated as the Commissioner for all purposes other than those of sections 13 and 14.
27 Tenant Farming Commissioner: codes of practice¶
I701The Tenant Farming Commissioner must prepare codes of practice for the purpose of providing practical guidance to landlords and tenants of agricultural holdings and their agents.2The codes of practice may include, among other things, provision about—I70anegotiating and conducting rent reviews,I70bagreeing and recording improvements by tenants,I70cnegotiating the fulfilment of the obligations of landlords and tenants,I70dthe conduct of agents of landlords and tenants,I70ethe process of succession and assignation,I70fdetermining compensation at waygo,gnegotiating the terms of a modern limited duration tenancy and a repairing tenancy,hthe management of sporting leases, andigame management.I703The Tenant Farming Commissioner must from time to time—areview the codes of practice,brevise the codes if the Commissioner considers it appropriate.I704Before the Tenant Farming Commissioner publishes a code of practice under this section, the Commissioner must consult any persons appearing to the Commissioner to have an interest in the draft code.I705After complying with subsection (4), the Tenant Farming Commissioner must—apublish the code in such form as the Commissioner considers appropriate, andblay a copy of the code before the Scottish Parliament.I706Subsections (4) and (5) apply to a revised code of practice as they apply to a code of practice.I707A code of practice published under this section is admissible in evidence in any proceedings before the Land Court.I708If any provision of a code of practice published under this section appears to the Land Court conducting any proceedings to be relevant to any question arising in the proceedings the Land Court must take that provision of the code into account in determining that question.I709Subsections (7) and (8) apply to arbitration proceedings under section 61 of the 1991 Act or section 78 of the 2003 Act as they apply to Land Court proceedings.
I7128 Tenant Farming Commissioner: promotion of codes of practice¶
The Tenant Farming Commissioner is to promote the observance of the codes of practice issued under section 27, including by—aeducating and advising about the codes,bsupporting best practice in accordance with the codes among landlords and tenants of agricultural holdings and their agents,cencouraging good relations among landlords and tenants of agricultural holdings and their agents,dworking in collaboration with other persons (whether in partnership or in other ways),econtributing to the development and delivery of policies and strategies in relation to agricultural holdings.
I7229 Application to inquire into breach of code of practice¶
1A person may apply to the Tenant Farming Commissioner to inquire into an alleged breach of a code of practice (an “alleged breach”) if the person—ahas an interest in a relevant tenancy, orbwould have an interest in a relevant tenancy but for the alleged breach.2An application under subsection (1) must contain—athe applicant's details,bdetails of each other person having an interest in the relevant tenancy, so far as the applicant is aware of them,cdetails of the alleged breach,dthe provision of the code of practice that the alleged breach relates to.3Subject to subsection (5), an application must be accompanied by the appropriate fee set by the Tenant Farming Commissioner.4When setting the appropriate fee, the Tenant Farming Commissioner must have regard to the likely impact of the fee on the number of applications under subsection (1).5The Tenant Farming Commissioner may waive payment of the appropriate fee if the Commissioner considers that payment is likely to result in undue hardship to the applicant.6An application under subsection (1) is without prejudice to any time limit for proceedings in the Land Court under any enactment.
1The Tenant Farming Commissioner may inquire into an alleged breach only if satisfied that—athe applicant has an interest in a relevant tenancy, or would do so but for the alleged breach,bthe application contains sufficient information to proceed to an inquiry, andcthe application is not based on substantially the same facts as a previous application from the same applicant.2Where the Tenant Farming Commissioner is not satisfied that the application contains sufficient information to proceed to an inquiry, the Commissioner may require the applicant to provide such additional information as the Commissioner considers appropriate, by the end of such period as the Commissioner may specify.3The Tenant Farming Commissioner may dismiss the application by giving notice in writing to the applicant where—athe application does not meet the conditions in subsection (1),ba request by the Commissioner under subsection (2) for additional information has been made and the period specified for providing such information has expired, orcthe Commissioner considers that a request under subsection (2) for additional information would not provide sufficient information to proceed to an inquiry.4Where the Tenant Farming Commissioner is satisfied that the application meets the conditions in subsection (1) the Commissioner must—agive notice in writing to the applicant and each other person with an interest in the relevant tenancy,bsend a copy of the application to each of those persons, andcrequire a response to the application from each of them by the end of such period as the Commissioner may specify.
1The Tenant Farming Commissioner may at any time during an inquiry into a breach of a code of practice require any person to provide such information as the Commissioner considers appropriate for the purposes of the inquiry.2The Tenant Farming Commissioner may by serving notice in writing impose a monetary penalty (a “non-compliance penalty”) on a person for failing to comply with a requirement under—asection 30(4)(c),bsubsection (1).3The amount of a non-compliance penalty is to be determined by the Tenant Farming Commissioner, but must not exceed £1000.4A non-compliance penalty must be paid to the Commission.5The Commission may recover any non-compliance penalty as a civil debt.
1A notice under section 31(2) must include information as to—athe grounds for imposing the non-compliance penalty,bthe amount of the penalty,chow payment may be made,dthe period within which payment must be made, which must be not less than 28 days beginning with the day on which the notice imposing the penalty is received,erights of appeal, andfthe consequences of failure to make payment within the period specified.2A person served with a notice imposing a non-compliance penalty may appeal to the Land Court against the notice on the ground that the decision to serve the notice—awas based on an error of fact,bwas wrong in law, orcwas unfair or unreasonable for any reason (for example because the amount is unreasonable).3An appeal under subsection (2) must be made within the period of 28 days beginning with the day on which the notice under section 31(2) is received.4Where an appeal under subsection (2) is made, the non-compliance penalty is suspended from the day on which the appeal is made until the day on which the appeal is determined or withdrawn.5On an appeal under subsection (2) the Land Court may overturn, confirm or vary the non-compliance penalty.
1As soon as practicable after an inquiry into an alleged breach is complete the Tenant Farming Commissioner must publish a report setting out—awhere there is sufficient information for the Commissioner to reach a decision on breach of the code of practice —ithe Commissioner's decision as to whether or not the code has been breached,iithe reasons for the Commissioner's decision,iiithe relevant facts on which the Commissioner's decision is based,ivsuch recommendations as the Commissioner considers appropriate,bwhere there is not sufficient information for the Commissioner to reach a decision on breach of the code of practice, that finding.2A report published under this section is admissible as evidence in any proceedings before the Land Court.3If a report published under this section appears to the Land Court conducting any proceedings to be relevant to any question arising in the proceedings the Land Court must take that report into account in determining that question.4Subsections (2) and (3) apply to arbitration proceedings under section 61 of the 1991 Act or section 78 of the 2003 Act as they apply to Land Court proceedings.
I7734 Tenant Farming Commissioner: confidentiality of information¶
1A relevant person must not disclose any information which has been obtained by or on behalf of the Tenant Farming Commissioner for the purposes of an inquiry into a breach of a code of practice unless authorised to do so by subsection (2).2Disclosure is authorised for the purposes of subsection (1) only so far as—ait is necessary for the purpose of enabling or assisting the exercise by the Tenant Farming Commissioner of the Commissioner's functions under this Act,bit is made with the consent of each person to whom the information relates,cit is made for the purposes of civil proceedings,dit is made for the purposes of a criminal investigation or criminal proceedings or for the purposes of the prevention or detection of crime,eit is made in pursuance of an order of a court or tribunal,fit is made in accordance with any other enactment requiring or permitting the disclosure.3A person who knowingly contravenes subsection (1) commits an offence.4A person guilty of an offence under subsection (3) is liable—aon summary conviction, to a fine not exceeding the statutory maximum, orbon conviction on indictment, to a fine.5It is a defence for a person charged with an offence under subsection (3) to prove that the person reasonably believed—athat the disclosure was authorised under subsection (2), orbthat the information had already lawfully been made available to the public.6In subsection (1) a “relevant person” means any individual who is or was—athe Tenant Farming Commissioner (or acting Tenant Farming Commissioner),ba Land Commissioner,ca member of the Commission's staff,da person exercising functions on behalf of the Commission or its members.
1For the purposes of the law of defamation, any statement made by the Tenant Farming Commissioner in pursuance of the Commissioner's inquiry function under section 24(1)(c) has qualified privilege.2In subsection (1) “statement” has the meaning given by section 17 of the Defamation Act 1996.
Tenant Farming Commissioner: review of operation of agents¶
I7936 Report on operation of agents of landlords and tenants¶
1The Tenant Farming Commissioner must—aprepare a report on the operation of agents of landlords and tenants in relation to agricultural holdings,bsubmit the report to the Scottish Ministers before the end of the period of 12 months beginning with the day on which this section comes into force.2The report submitted to the Scottish Ministers under this section—amust include such recommendations as the Commissioner considers necessary to improve the operation of agents of landlords and tenants in relation to agricultural holdings,bmay include such other recommendations as the Commissioner considers appropriate.3In preparing the report to the Scottish Ministers under this section, the Commissioner must consult any persons appearing to the Commissioner to have an interest in the operation of agents of landlords and tenants.
Tenant Farming Commissioner: modern list of improvements¶
I8037 Recommendations by Tenant Farming Commissioner for modern list of improvements¶
1The Tenant Farming Commissioner must—aprepare a report setting out recommendations for a modern list of improvements to agricultural holdings,bsubmit the report to the Scottish Ministers.2Before submitting the report to the Scottish Ministers under this section, the Commissioner must consult any persons appearing to the Commissioner to have an interest in the draft recommendations.
Tenant Farming Commissioner: power to refer questions of law to Land Court¶
I8138 Referral of questions of law by Tenant Farming Commissioner to Land Court¶
The Tenant Farming Commissioner may refer to the Land Court for determination any question of law which may competently be determined by the Land Court by virtue of any enactment.
Information about persons with controlling interests in relation to land¶
I117I15639 Information about persons with controlling interests in owners and tenants of land¶
1The Scottish Ministers must by regulations make provision—arequiring information to be provided about persons who have controlling interests in owners and tenants of land, andbabout the publication of that information in a public register kept by the Keeper of the Registers of Scotland.2Regulations under subsection (1) may, in particular, include provision about—awhich owners and tenants of land the regulations apply to,bwhat constitutes a controlling interest in an owner or tenant,cwhich persons are to be treated as having a controlling interest in an owner or tenant,dwhat information must be provided under the regulations (and the manner in which it is to be provided),ethe circumstances in which information must be provided under the regulations,fpublication of information required under the regulations (including the form of the register and the entry of the information in it),gthe circumstances in which the information entered in the register may be corrected or updated,hthe circumstances in which a person who has a controlling interest in an owner or tenant can request that information about that person not be published (including, in particular, where the publication of that information might result in the person being at a serious risk of violence or abuse, threat of violence or abuse or intimidation),ithe effect of providing (or failing to provide) information required under the regulations,jsanctions for failure to comply with requirements imposed under the regulations,kdelegation of functions under the regulations,lfees payable in relation to the provision, publication or accessing of information under the regulations,mappeals against decisions made under the regulations.3Regulations under subsection (1) may include provision for offences and civil penalties (including fixed penalties) for failure to comply with requirements imposed under the regulations.4Where regulations under subsection (1) include provision creating offences—athey must provide for those offences to be triable summarily only, andbthey must provide for the maximum penalty for those offences to be a fine, which must not exceed level 5 on the standard scale.5Where regulations under subsection (1) include provision for the imposition of civil penalties, they must include provision about appeals against decisions to impose those penalties.6Regulations under subsection (1) may modify any enactment (including this Act).7The Scottish Ministers must, before laying a draft of any regulations under subsection (1) before the Scottish Parliament, consult—athe Keeper, andbsuch other persons as they consider appropriate.8Subsection (7) does not apply if section 40 applies.
I118I12640 Procedure for first regulations under section 39¶
The Scottish Ministers may not lay a draft of the first regulations under section 39(1) before the Scottish Parliament unless—athey have consulted in accordance with section 41, andbfollowing that consultation, they have laid before the Scottish Parliament—iproposed draft regulations, andiian explanatory document prepared in accordance with section 42.
I11941 Procedure for first regulations under section 39: consultation¶
1Before laying a draft of the first regulations under section 39(1) before the Scottish Parliament, the Scottish Ministers must consult—athe Keeper, andbsuch other persons as they consider appropriate.2For the purposes of any consultation required by subsection (1), the Scottish Ministers must—alay before the Scottish Parliament—ia copy of the proposed draft regulations, andiia copy of the proposed explanatory document referred to in section 40(b)(ii) (except the details required by section 42(1)(b)),bsend a copy of the proposed draft regulations and proposed explanatory document to any person to be consulted under subsection (1), andchave regard to any representations about the proposed draft regulations that are made to them within the period of 60 days beginning with the date on which the copy of the proposed draft regulations is laid before the Parliament under paragraph (a).3In calculating any period of 60 days for the purposes of subsection (2)(c), no account is to be taken of any time during which the Parliament is dissolved or is in recess for more than 4 days.
I120I12742 Procedure for first regulations under section 39: explanatory document¶
1The explanatory document referred to in section 40(b)(ii) must—agive reasons for the provisions contained in the proposed draft regulations,bgive details of—iany consultation undertaken under section 41,iiany representations received as a result of the consultation, andiiithe changes (if any) made to the proposed draft regulations as a result of those representations.2Where a person making representations in response to consultation under section 41 has not consented to the disclosure of the representations, the Scottish Ministers must not disclose them under subsection (1)(b)(ii).3If information in representations made by a person in response to consultation under section 41 relates to another person, the Scottish Ministers must not disclose that information under subsection (1)(b)(ii) if or to the extent that—ait appears to the Scottish Ministers that the disclosure of that information could adversely affect the interests of that other person, andbthe Scottish Ministers have been unable to obtain the consent of that other person to the disclosure.4Subsections (2) and (3) do not affect any disclosure that is requested by, and made to, a committee of the Parliament charged with reporting on the proposed draft regulations.
43 Power of Keeper to request or require information relating to proprietors of land etc.¶
1The Land Registration etc. (Scotland) Act 2012 is amended as follows.2After section 48 insert—
.
3In section 116 (subordinate legislation), in subsection (3), after paragraph (b) insert—
.
4In section 121 (Crown application)—ain subsection (1), after first “Crown” insert “
of a requirement imposed by regulations under section 48A or
”,bin subsection (3)—ifor “section 112 applies” substitute “
regulations under section 48A and section 112 apply
”,iifor “it applies” substitute “
they apply
”.
PART 4 Engaging communities in decisions relating to land¶
I2844 Guidance on engaging communities in decisions relating to land¶
1The Scottish Ministers must issue guidance about engaging communities in decisions relating to land which may affect communities.2In preparing guidance under subsection (1), the Scottish Ministers must have regard to the desirability of—apromoting respect for, and observance of, relevant human rights,bpromoting respect for such internationally accepted principles and standards for responsible practices in relation to land as the Scottish Ministers consider to be relevant,cencouraging equal opportunities (within the meaning of Section L2 of Part 2 of schedule 5 of the Scotland Act 1998),dfurthering the reduction of inequalities of outcome which result from socio-economic disadvantage, andefurthering the achievement of sustainable development in relation to land.3For the purposes of subsection (2)(a)––a“relevant human rights” means such human rights as the Scottish Ministers consider to be relevant to the preparation of the guidance, andbin considering what human rights are relevant human rights, Ministers may consult the Scottish Commission for Human Rights and such other persons or bodies as they consider appropriate.4For the purposes of subsection (2)(b), “internationally accepted principles and standards for responsible practices in relation to land” include the principles and standards contained in the Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests in the context of National Food Security issued by the Food and Agriculture Organization of the United Nations and endorsed by the Committee on World Food Security on 11 May 2012.5Guidance under subsection (1) must, in particular, include information about—athe types of land and types of decision in relation to which community engagement should be carried out,bthe circumstances in which persons with control over land (for example, owners and occupiers) should carry out community engagement,cthe ways in which community engagement should be carried out (for example, by consulting or involving the community).6Before issuing guidance under subsection (1), the Scottish Ministers must consult such persons as they consider appropriate.7The Scottish Ministers must lay the first guidance issued under subsection (1) before the Scottish Parliament.8The Scottish Ministers must prepare and lay before the Scottish Parliament reports—aassessing the effectiveness of guidance under subsection (1), andbsetting out the Scottish Ministers' views on any further steps which should be taken to improve the effectiveness of the guidance.9The first report under subsection (8) is to be laid before the Scottish Parliament no later than 3 years after the date on which guidance under subsection (1) is first issued.10Subsequent reports under subsection (8) are to be laid before the Scottish Parliament no later than 5 years after the date on which the last such report was so laid.11In this section “human rights” means—athe Convention rights (within the meaning of section 1 of the Human Rights Act 1998), andbother human rights contained in any international convention, treaty or other international instrument ratified by the United Kingdom, including the International Covenant on Economic, Social and Cultural Rights adopted and opened for signature, ratification and accession by General Assembly resolution 2200A (XXI) of 16 December 1966 subject to—iany amendments in force in relation to the United Kingdom for the time being, andiiany reservations, objections or interpretative declarations by the United Kingdom for the time being in force.
PART 5 Right to buy land to further sustainable development¶
1In this Part “land”—aincludes—ibridges and other structures built on or over land,iiinland waters,iiicanals,ivthe foreshore, being the land between the high and low water marks of ordinary spring tides, andvsalmon fishings in inland waters or mineral rights which are owned separately from the land in respect of which they are exigible,bdoes not include land consisting of any other separate tenement which is owned separately from the land in respect of which it is exigible.2In paragraph (a)(v) of subsection (1) “mineral rights” does not include rights to oil, coal, gas, gold or silver.3In this Part “inland waters” has the meaning given by section 69(1) of the Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003.
1The land which may be bought under this Part (“eligible land”) is any land other than excluded land.2In subsection (1) “excluded land” means—aland on which there is a building or other structure which is an individual's home, unless the building or structure is occupied by an individual under a tenancy,bsuch land pertaining to land of the type mentioned in paragraph (a) as the Scottish Ministers may by regulations specify,ccroft land within the meaning of section 68(2) of the Land Reform (Scotland) Act 2003,dland which is owned or occupied by the Crown by virtue of its having vested as bona vacantia in the Crown, or its having fallen to the Crown as ultimus haeres,eland of such other descriptions or classes as the Scottish Ministers may by regulations specify.3The Scottish Ministers may by regulations make provision about—athe buildings and structures which are, or are to be treated as, a home for the purposes of subsection (2)(a),bthe types of occupation and possession of land that are, or are to be treated as, a tenancy for the purposes of subsection (2)(a).
I13147 Eligible land: salmon fishings and mineral rights¶
1A Part 5 community body (as defined in section 49) may apply, under section 54, to buy eligible land which consists of salmon fishings or mineral rights only—awhere—iit is simultaneously applying, oriiit has made an application in respect of which the Scottish Ministers have not made a decision,to buy the land to which such fishings or rights relate, orbduring the relevant period.2Such an application may be made during the relevant period only where the Part 5 community body or, as the case may be, the third party purchaser (as defined in section 54(1)(b))—ahas provided confirmation under section 62(1) or, as the case may be, (2) of its intention to proceed to buy the land to which the fishings or rights relate, orbhas bought and retained that related land in accordance with the provisions of this Part.3In this section “relevant period” means the period beginning with the date on which the Scottish Ministers consented to the application under section 54 to buy the land to which the fishings or rights relate and ending—awhere the Part 5 community body or, as the case may be, the third party purchaser does not proceed to exercise its right to buy that related land, on the date—ion which it withdraws, under section 62(3)(b) or, as the case may be, (4)(b), its confirmation so to proceed, oriiof its failure otherwise to complete the purchase, orbwhere the Part 5 community body or, as the case may be, the third party purchaser has bought and retained that related land—iin relation to salmon fishings, 1 year, oriiin relation to mineral rights, 5 years,after the date on which the Part 5 community body or the third party purchaser bought that land.
1This section applies where a tenancy which is not—aa croft tenancy,bthe tenancy of a dwelling-house, orcsuch other kind of tenancy as the Scottish Ministers may by regulations specify,has been created over land at least part of which is eligible land.2In this section—
“principal subjects” means eligible land any part of which is the tenanted land,
“tenanted land” means the land over which the tenancy has been created.
3Where this section applies, a Part 5 community body may apply, under section 54, to buy the interest mentioned in subsection (4)—awhere—iit is simultaneously applying, oriiit has made an application in respect of which the Scottish Ministers have not made a decision,to buy the principal subjects, orbif the conditions set out in subsection (5) are met, during the relevant period.4The interest is the interest of the tenant over so much of the tenanted land as is comprised within the principal subjects.5The conditions are that the Part 5 community body or, as the case may be, the third party purchaser—ahas provided confirmation under section 62(1) or, as the case may be, (2) of its intention to proceed to buy the principal subjects, orbhas bought and retained those subjects in accordance with the provisions of this Part.6In this section “relevant period” means the period beginning with the date on which the Scottish Ministers consented to the application under section 54 to buy the principal subjects and ending—awhere the Part 5 community body or, as the case may be, the third party purchaser does not proceed to exercise its right to buy those subjects, on the date—ion which it withdraws, under section 62(3)(b) or, as the case may be, (4)(b), its confirmation so to proceed, oriiof its failure otherwise to complete the purchase, orbwhere the Part 5 community body or, as the case may be, the third party purchaser has bought and retained those subjects, 5 years after the date on which the Part 5 community body or the third party purchaser bought those subjects.7In this Part “tenant” includes sub-tenant.
1A Part 5 community body is, subject to subsection (7)—awhere a body applies under section 54(1)(a) to exercise the right to buy itself, a body falling within subsection (2), (3) or (4),bwhere a body nominates a third party purchaser to exercise the right to buy under section 54(1)(b), a body falling within subsection (5),ca body of such other description as the Scottish Ministers may by regulations specify.2A body falls within this subsection if it is a company limited by guarantee the articles of association of which include the following—aa definition of the community to which the company relates,bprovision enabling the company to exercise the right to buy land under this Part,cprovision that the company must have not fewer than 10 members,dprovision that at least three quarters of the members of the company are members of the community,eprovision whereby the members of the company who consist of members of the community have control of the company,fprovision ensuring proper arrangements for the financial management of the company,gprovision that any surplus funds or assets of the company are to be applied for the benefit of the community, andhprovision that, on the winding up of the company and after satisfaction of its liabilities, its property (including any land acquired by it under this Part) passes—ito such other community body as may be approved by the Scottish Ministers, oriiif no other community body is so approved, to the Scottish Ministers or to such charity as the Scottish Ministers may direct.3A body falls within this subsection if it is a Scottish charitable incorporated organisation (a “SCIO”) the constitution of which includes the following—aa definition of the community to which the SCIO relates,bprovision enabling the SCIO to exercise the right to buy land under this Part,cprovision that the SCIO must have not fewer than 10 members,dprovision that at least three quarters of the members of the SCIO are members of the community,eprovision under which the members of the SCIO who consist of members of the community have control of the SCIO,fprovision ensuring proper arrangements for the financial management of the SCIO,gprovision that, on the request of any person for a copy of the minutes of a meeting of the SCIO, the SCIO must, if the request is reasonable, give the person within 28 days of the request a copy of those minutes,hprovision that, where a request of the type mentioned in paragraph (g) is made, the SCIO—imay withhold information contained in the minutes, andiiif it does so, must inform the person requesting a copy of the minutes of its reasons for doing so, andiprovision that any surplus funds or assets of the SCIO are to be applied for the benefit of the community.4A body falls within this subsection if it is a community benefit society the registered rules of which include the following—aa definition of the community to which the society relates,bprovision enabling the society to exercise the right to buy land under this Part,cprovision that the society must have not fewer than 10 members,dprovision that at least three quarters of the members of the society are members of the community,eprovision under which the members of the society who consist of members of the community have control of the society,fprovision ensuring proper arrangements for the financial management of the society,gprovision that, on the request of any person for a copy of the minutes of a meeting of the society, the society must, if the request is reasonable, give the person within 28 days of the request a copy of those minutes,hprovision that, where a request of the type mentioned in paragraph (g) is made, the society—imay withhold information contained in the minutes, andiiif it does so, must inform the person requesting a copy of the minutes of its reasons for doing so, andiprovision that any surplus funds or assets of the society are to be applied for the benefit of the community.5A body falls within this subsection if it is a body corporate having a written constitution that includes the following—aa definition of the community to which the body relates,bprovision that the majority of the members of the body are to be members of that community,cprovision that the members of the body who consist of members of that community have control of the body,dprovision that membership of the body is open to any member of that community,ea statement of the body's aims and purposes, including the promotion of a benefit for that community, andfprovision that any surplus funds are to be applied for the benefit of that community.6The Scottish Ministers may, if they think it in the public interest to do so, disapply the requirement specified in subsection (2)(c), (3)(c) or (4)(c) in relation to any body they may specify.7A body is not a Part 5 community body unless the Scottish Ministers have given it written confirmation that they are satisfied that the main purpose of the body is consistent with furthering the achievement of sustainable development.8The Scottish Ministers may by regulations modify subsections (2), (3), (4), (5) and (6).9A community—ais defined for the purposes of subsection (2), (3), (4) and (5) by reference to a postcode unit or postcode units or a type of area as the Scottish Ministers may by regulations specify (or both such unit and type of area), andbcomprises the persons from time to time—iresident in that postcode unit or in one of those postcode units or in that specified type of area, andiientitled to vote, at a local government election, in a polling district which includes that postcode unit or those postcode units or that specified type of area (or part of it or them).10The articles of association of a company which is a Part 5 community body may, despite the generality of paragraph (h) of subsection (2), provide that its property may, in the circumstances mentioned in that paragraph, pass to another person only if that person is a charity.11In this section—
“charity” means a body entered in the Scottish Charity Register,
“community benefit society” means a registered society (within the meaning of section 1 of the Co-operative and Community Benefit Societies Act 2014) registered as a community benefit society under section 2 of that Act,
“company limited by guarantee” has the meaning given by section 3(3) of the Companies Act 2006,
“postcode unit” means an area in relation to which a single postcode is used to facilitate the identification of postal service delivery points within the area,
“registered rules” has the meaning given by section 149 of the Co-operative and Community Benefit Societies Act 2014 (as that meaning applies in relation to community benefit societies),
“Scottish charitable incorporated organisation” has the meaning given by section 49 of the Charities and Trustee Investment (Scotland) Act 2005.
1A Part 5 community body—awhich has bought land under this Part, any part of which remains in its ownership, andbwhich modifies its memorandum, articles of association, constitution or registered rules (as defined in section 49(11)),must, as soon as possible after such modification, notify the Scottish Ministers in writing of the modification.2If the Scottish Ministers are satisfied that a Part 5 community body which has, under this Part, bought land would, had it not so bought that land, no longer be entitled to do so, they may acquire the land compulsorily.3Subsection (2) does not apply if the Part 5 community body would no longer be entitled to buy the land because the land is not eligible for the purposes of this Part.4Where the power conferred by subsection (2) is (or is to be) exercised in relation to land, the Scottish Ministers may by regulations make provision relating to, or to matters connected with, the acquisition of the land.5Regulations under subsection (4) may—aapply, modify or exclude any enactment which relates to any matter as to which regulations could be made under that subsection,bmake such modifications of enactments as appear to the Scottish Ministers to be necessary or expedient in consequence of any provision of the regulations or otherwise in connection with the regulations.
1In this Part “Lands Tribunal” means the Lands Tribunal for Scotland.2Any reference in this Part to a creditor in a standard security with a right to sell land is a reference to a creditor who has such a right under—asection 20(2) or 23(2) of the Conveyancing and Feudal Reform (Scotland) Act 1970, orba warrant granted under section 24(1) of that Act.3In calculating for the purposes of this Part any period of time within which an act requires to be or may be done, no account is to be taken of any public or local holidays in the place where the act is to be done.4Subsection (3) does not apply to a period of time specified in section 64(2), 69(7) or 70(3).
Register of Applications by Community Bodies to Buy Land¶
52 Register of Applications by Community Bodies to Buy Land¶
I1211The Keeper must set up and keep a register, to be known as the Register of Applications by Community Bodies to Buy Land (the “New Register”).I1282The New Register must be set up and kept so as to contain, in a manner and form convenient for public inspection, the following information and documents relating to each application to exercise the right to buy under this Part registered in it—awhere the Part 5 community body which applied under section 54 is constituted by a company limited by guarantee, the name and address of the registered office of the company,bwhere the Part 5 community body which applied under section 54 is constituted by a Scottish charitable incorporated organisation (within the meaning given by section 49(11)), the name and address of the principal office of the Scottish charitable incorporated organisation,cwhere the Part 5 community body which applied under section 54 is constituted by a community benefit society (within the meaning given by section 49(11))—ithe name of the society, andiithe address of the registered office of the society,dwhere the Part 5 community body which applied under section 54 is constituted by a body corporate having a written constitution, the name and address of the body corporate,ea copy of the application to exercise the right to buy under this Part,fa copy of any notification given under section 58(4)(b),ga copy of any notice given under section 60(1),ha copy of any notice given under section 61(2)(b),ia copy of any notice under section 62(1) or (2),ja copy of any notice under section 62(3)(a) or (b),ka copy of any notice under section 62(4)(a) or (b),lsuch other information as the Scottish Ministers consider appropriate.I1283Subject to subsection (4), any person who, under this Part, provides a document or other information, or makes a decision, which or a copy of which is to be registered in the New Register must, as soon as reasonably practicable after providing the document or other information or, as the case may be, making the decision, give it or a copy of it to the Keeper for the purpose of allowing it to be so registered.I1284If the Part 5 community body registering an application requires that any such information or document relating to that application and falling within subsection (5) as is specified in the requirement be withheld from public inspection, that information or document is to be kept by or on behalf of the Scottish Ministers separately from and not entered in the New Register.I1285Information or a document falls within this subsection if it relates to arrangements for the raising or expenditure of money to enable the land to which the application relates to be put to a particular use.I1286Nothing in subsection (4) or (5) requires an applicant Part 5 community body or a third party purchaser, or empowers the Scottish Ministers to require an applicant Part 5 community body or a third party purchaser, to submit to the Scottish Ministers any information or document within subsection (5).I1287The Scottish Ministers may by regulations modify—aparagraphs (a) to (k) of subsection (2),bsubsection (4),csubsection (5).I1288Subsection (9) applies where—aa Part 5 community body changes its name,ba Part 5 community body which is constituted by a company limited by guarantee or by a community benefit society changes the address of its registered office,ca Part 5 community body which is constituted by a Scottish charitable incorporated organisation changes the address of its principal office, orda Part 5 community body which is constituted by a body corporate having a written constitution changes its address.I1289The Part 5 community body must, as soon as reasonably practicable after the change is made, notify the Keeper of the change.10The Keeper must ensure—I121athat the New Register is, at all reasonable times, available for public inspection free of charge,I116I122bthat members of the public are given facilities for getting copies of entries in the New Register on payment of such charges as the Scottish Ministers may by regulations specify, andI121cthat any person requesting it is, on payment of such a charge, supplied with an extract entry certified to be a true copy of the original.I12111An extract so certified is sufficient evidence of the original.I12112In this Part “the Keeper” means—athe Keeper of the Registers of Scotland, orbsuch other person as the Scottish Ministers may appoint to carry out the Keeper's functions under this Part.I12113Different persons may be so appointed for different purposes.
I12353 Inclusion in New Register of applications for right to buy abandoned, neglected or detrimental land¶
1Section 97F of the Land Reform (Scotland) Act 2003 (as inserted by section 74 of the Community Empowerment (Scotland) Act 2015) is amended as follows.2For subsection (1) substitute—
.
3In subsection (2), for “Part 3A Register” substitute “
New Register
”.4In subsection (3), for “Part 3A” substitute “
New
”.5In subsection (4), before “Register” insert “
New
”.6Subsections (10) and (11) are repealed.7The title of the section becomes “
Inclusion of applications for right to buy in Register of Applications by Community Bodies to Buy Land
”.
1The right to buy under this Part may be exercised only by—aa Part 5 community body, orbwhere a Part 5 community body nominates in its application another person to exercise the right to buy, that person (a “third party purchaser”).2That right may be so exercised only with the consent of the Scottish Ministers given on the written application of the Part 5 community body.3That right may be exercised in relation to more than one holding of land or more than one tenancy but in order so to exercise the right an application must be made in respect of each such holding or tenancy and applications so made may be differently disposed of.4In subsection (3)—aa “holding” of land is land in the ownership of one person or in common or joint ownership, andba “tenancy” is one where one person is entitled to the tenant's interest or there is a common or joint entitlement to that interest.5Such an application—amust be made in such form as the Scottish Ministers may by regulations require,bmust specify—ithe owner of the land,iiwhere the application is to buy a tenant's interest, the tenant, andiiiany creditor in a standard security over the land or any part of it, andcmust include or be accompanied by such information as the Scottish Ministers may by regulations specify including information (provided, where appropriate, by or by reference to maps or drawings) about the matters mentioned in subsection (6).6The matters are—athe reasons the Part 5 community body considers that its proposals for the land satisfy the sustainable development conditions set out in section 56(2) (or, where the application is to buy a tenant's interest, those conditions as modified by section 56(6)(a)),bthe location and boundaries of the land in respect of which the right to buy is sought to be exercised (including, as the case may be, the land to which any tenant's interest relates),call rights and interests in the land known to the Part 5 community body,dthe proposed use, development and management of the land (including, as the case may be, the land to which any tenant's interest relates).7A Part 5 community body applying under this section must, at the same time as it applies—asend a copy of its application and the accompanying information to the owner of the land to which the application relates,bwhere its application is to buy a tenant's interest, send a copy of the application and the accompanying information to the tenant,cwhere the Part 5 community body nominates a third party purchaser, send a copy of the application and the accompanying information to the third party purchaser,dwhere there is a standard security in relation to the land or any part of it, send a copy of the application and the accompanying information to the creditor who holds the standard security and invite the creditor—ito notify the Part 5 community body and the Scottish Ministers, within 60 days of the sending of the invitation, if any of the circumstances set out in subsection (8) has arisen (or arises within 60 days of the sending of the invitation), andiiif such notice is given, to provide the Scottish Ministers, within that time, with the creditor's views in writing on the application.8Those circumstances are that—aa calling-up notice has been served by the creditor under section 19 of the Conveyancing and Feudal Reform (Scotland) Act 1970 in relation to the land which the Part 5 community body is seeking to exercise its right to buy or any part of the land and that notice has not been complied with,ba notice of default served by the creditor under section 21 of that Act in relation to the land or any part of the land has not been complied with and the person on whom the notice was served has not, within the period specified in section 22 of that Act, objected to the notice by way of application to the court,cwhere that person has so objected, the court has upheld or varied the notice of default,dthe court has granted the creditor a warrant under section 24 of that Act in relation to the land or any part of the land.
1On receipt of an application under section 54, the Scottish Ministers must—ainvite—ithe owner of the land,iiwhere the application is to buy a tenant's interest, the tenant,iiiany creditor in a standard security over the land or any part of it,ivwhere the application nominates a third party purchaser, the third party purchaser, andvany other person whom the Scottish Ministers consider to have an interest in the application,to send them, so as to be received not later than 60 days after the sending of the invitation, views in writing on the application,btake reasonable steps to invite the owners of all land contiguous to the land to which the application relates to send them, so as to be received not later than 60 days after the sending of the invitation, views in writing on the application, andcsend copies of invitations given under paragraphs (a) and (b) to the Part 5 community body.2An invitation given under subsection (1)(a)(i) or (ii) must also invite the owner or, as the case may be, the tenant to give the Scottish Ministers information about—athe owner's or tenant's views on the likely impact on the owner or tenant of the proposals for the land or tenant's interest, including on the current use of the land or tenant's interest (and any intended use),bwhether the owner or tenant considers that the proposals for the land or tenant's interest satisfy the sustainable development conditions set out in section 56(2) and, if not, the owner or tenant's reasons,cany rights or interests in the land of which the owner or tenant is aware that are not mentioned in the application, anddany other matter that the owner or tenant considers is relevant to the application.3The Scottish Ministers must, as soon as reasonably practicable after receiving an application, give public notice of it and of the date by which, under subsection (1)(a), views are to be received by them and, in that notice, invite persons to send to the Scottish Ministers, so as to be received by them not later than 60 days after the publication of the notice, views in writing on the application.4That public notice is to be given by advertisement in such manner as the Scottish Ministers may by regulations specify.5The Scottish Ministers must—asend copies of any views they receive under this section to the Part 5 community body, andbinvite it to send them, so as to be received by them not later than 60 days after the sending of that invitation, its responses to these views.6The Scottish Ministers must, when considering whether to consent to an application under section 54, have regard to all views on it and responses to the views which they have received in answer to invitations under this section.7The Scottish Ministers must decline to consider an application which—adoes not comply with the requirements of or imposed under section 54,bis otherwise incomplete, orcotherwise indicates that it is one which the Scottish Ministers would be bound to reject,and the Scottish Ministers are not required to comply with subsections (1) to (6) in relation to such an application.8The Scottish Ministers must not reach a decision on an application before—athe date which is 60 days after the last date on which the Part 5 community body may provide the Scottish Ministers with a response to the invitation given under subsection (5), orbif by that date the Lands Tribunal has not advised the Scottish Ministers of its finding on any question referred to it under section 71 in relation to the application, the date on which the Lands Tribunal provides the Scottish Ministers with that finding.9A Part 5 community body or, as the case may be, a third party purchaser may require the Scottish Ministers to treat as confidential any information or document relating to arrangements for the raising or expenditure of money to enable the land to be put to a particular use, being information or a document made available to the Scottish Ministers for the purposes of this section and section 54.
I13856 Right to buy: Ministers' decision on application¶
1The Scottish Ministers must not consent to an application to buy land under section 54 unless they are satisfied that—athe sustainable development conditions mentioned in subsection (2) are met, andbthe procedural requirements mentioned in subsection (3) have been complied with.2The sustainable development conditions are met if—athe transfer of land is likely to further the achievement of sustainable development in relation to the land,bthe transfer of land is in the public interest,cthe transfer of land—iis likely to result in significant benefit to the relevant community (see subsection (11)) to which the application relates, andiiis the only practicable, or the most practicable, way of achieving that significant benefit, anddnot granting consent to the transfer of land is likely to result in harm to that community.3The procedural requirements for an application to buy land have been complied with if—abefore the period of 6 months ending with the day on which the application was made, the Part 5 community body has submitted a written request to the owner of the land to transfer the land to the community body or, as the case may be, to the third party purchaser named in the application and the owner has not responded or has not agreed to the request,bthe land to which the application relates is eligible land,cthe owner of the land is accurately identified in the application,dany creditor in a standard security over the land or any part of it is accurately identified in the application,ewhere the application nominates a third party purchaser, the third party purchaser—iis accurately identified in the application, andiiis shown to consent to the application,fthe owner is not—iprevented from selling the land, oriisubject to any enforceable personal obligation (other than an obligation arising by virtue of any right suspended by regulations under section 61(3)) to sell the land otherwise than to the Part 5 community body or, as the case may be, the third party purchaser,geither—ia significant number of the members of the relevant community to which the application relates have a connection with the land,iithe land is sufficiently near to land with which those members of that community have a connection, oriiithe land is in or sufficiently near to the area comprising that community,hthe relevant community have approved the proposal to exercise the right to buy, andithe Part 5 community body complies with the provisions of section 49.4In determining whether an application to buy land meets the sustainable development conditions mentioned in subsection (2), the Scottish Ministers may take into account the extent to which, in relation to the relevant community, regard has been had to guidance issued under section 44.5Where an application relates to land which consists of salmon fishings or mineral rights only, the Scottish Ministers must not consent to the application unless they are also satisfied that the application complies with the requirements of section 47.6Where an application is to buy a tenant's interest, the Scottish Ministers must not consent to the application unless they are satisfied that—athe sustainable development conditions mentioned in subsection (2) are met in relation to the transfer of the tenant's interest (reading references in that subsection to “the transfer of land” as “the transfer of the tenant's interest”), andbthe procedural requirements mentioned in subsection (7) have been complied with.7The procedural requirements for an application to buy a tenant's interest have been complied with if—abefore the period of 6 months ending with the day on which the application was made, the Part 5 community body has submitted a written request to the tenant to assign the tenant's interest to the community body or, as the case may be, to the third party purchaser named in the application,bthe application complies with the requirements of section 48,cthe tenant whose interest the application relates to is accurately identified in the application,dthe owner of the land is accurately identified in the application,eany creditor in a standard security over the land or any part of it is accurately identified in the application,fwhere the application nominates a third party purchaser, the third party purchaser—iis accurately identified in the application, andiiis shown to consent to the application,geither—ia significant number of the members of the relevant community to which the application relates have a connection with the land to which the tenancy relates,iithe land is sufficiently near to land with which those members of that community have a connection, oriiithe land is in or sufficiently near to the area comprising that community,hthe relevant community have approved the proposal to exercise the right to buy, andithe Part 5 community body complies with the provisions of section 49.8In determining whether an application to buy a tenant's interest meets the sustainable development conditions mentioned in subsection (2), the Scottish Ministers—amust take into account any related application under section 54 to buy the land to which the tenancy relates, andbmay take into account the extent to which, in relation to the relevant community, regard has been had to guidance issued under section 44.9The Scottish Ministers may by regulations make provision about—athe form and content of requests referred to in subsections (3)(a) and (7)(a),bthe form and content of responses to requests referred to in subsection (3)(a),cthe circumstances in which owners of land are to be taken not to have responded or not to have agreed to requests referred to in subsection (3)(a).10In determining for the purposes of subsection (2)(b) whether a transfer of land or tenant's interest is in the public interest, the Scottish Ministers must—atake into account, in particular, any information given under section 55(2)(a),bconsider the likely effect of granting (or not granting) consent to the transfer of land or tenant's interest on land use in Scotland.11For the purposes of subsections (2)(c)(i), (3)(g)(i), (4), (7)(g)(i) and (8)(b) “relevant community” means the community as defined in subsection (9) of section 49 (reading that subsection as if paragraph (b)(ii) were omitted).12In determining what constitutes significant benefit to the community for the purposes of subsection (2)(c) or harm to the community for the purposes of subsection (2)(d), the Scottish Ministers must consider the likely effect of granting (or not granting) consent to the transfer of land or tenant's interest on the lives of the persons comprising that community with reference to the following considerations—aeconomic development,bregeneration,cpublic health,dsocial wellbeing, andeenvironmental wellbeing.13In considering a decision under this section on an application under section 54, the Scottish Ministers must have regard to—arelevant non-Convention human rights, andbthe desirability of encouraging equal opportunities (within the meaning of Section L2 of Part 2 of schedule 5 of the Scotland Act 1998).14In subsection (13)(a), “relevant non-Convention human rights” means such human rights other than the Convention rights (within the meaning of section 1 of the Human Rights Act 1998)—aas the Scottish Ministers consider to be relevant, andbwhich are contained in any international convention, treaty or other international instrument ratified by the United Kingdom, including the International Covenant on Economic, Social and Cultural Rights adopted and opened for signature, ratification and accession by General Assembly resolution 2200A (XXI) of 16 December 1966 subject to—iany amendment in force in relation to the United Kingdom for the time being, andiiany reservations, objections or interpretative declarations by the United Kingdom for the time being in force.
I13957 Ballot to indicate approval for purposes of section 56¶
1The community, as defined in section 49 in relation to a Part 5 community body, are to be taken for the purposes of section 56(3)(h) and (7)(h) as having approved a proposal to exercise the right to buy if—aa ballot of the members of the community so defined has, during the period of 6 months which immediately preceded the date on which the application was made, been conducted by the Part 5 community body on the question whether the Part 5 community body or, as the case may be, the third party purchaser should buy the land or, as the case may be, the tenant's interest,bin the ballot—iat least half of the members of the community so defined have voted, oriifewer than half of the members of the community so defined have voted but the proportion which voted is sufficient to justify the Part 5 community body's proceeding to buy the land or tenant's interest, andcthe majority of those voting have voted in favour of the proposition that the Part 5 community body buy the land or tenant's interest.2The ballot is to be conducted as the Scottish Ministers may by regulations specify.3Regulations under subsection (2) must in particular include provision for—athe ascertainment and publication of—ithe number of persons eligible to vote in the ballot,iithe number who did vote,iiithe numbers of valid votes respectively cast for and against the proposition mentioned in subsection (1)(c), andbthe form and manner in which the result of the ballot is to be published.4If the ballot is not conducted as specified by regulations under subsection (2), the right to buy is, so far as proceeding on that application, extinguished.5The Part 5 community body which conducts a ballot must, within 21 days of the ballot (or, if its application under section 54 is given before the expiry of that period, together with the application), and in the form of return specified by the regulations, notify the Scottish Ministers of—athe result,bthe number of persons eligible to vote,cthe number of persons who voted, anddthe number of persons who voted in favour of the proposition mentioned in subsection (1)(c).6The Scottish Ministers may require the Part 5 community body—ato provide such information relating to the ballot as they think fit, andbto provide such information relating to any consultation with those eligible to vote in the ballot undertaken during the period in which the ballot was carried out as Ministers think fit.7Subject to subsection (8), the expense of conducting a ballot under this section is to be met by the Part 5 community body.8The Scottish Ministers may by regulations make provision enabling a Part 5 community body, in such circumstances as may be specified in the regulations, to apply to them to seek reimbursement of the expense of conducting a ballot under this section.9Regulations under subsection (8) may in particular make provision in relation to—athe circumstances in which a Part 5 community body may make an application by virtue of that subsection,bthe method to be applied by the Scottish Ministers in calculating the expense of conducting the ballot,cthe criteria to be applied by the Scottish Ministers in deciding whether to make a reimbursement to the applicant,dthe procedure to be followed in connection with the making of—ian application to Ministers,iian appeal against a decision made by Ministers in respect of an application,epersons who may consider such an appeal,fthe powers of such persons.
I14058 Right to buy same land exercisable by only one Part 5 community body¶
1Only one Part 5 community body may apply under this Part in relation to the same land or tenant's interest.2Where two or more Part 5 community bodies apply under this Part in relation to the same land or tenant's interest, it is for the Scottish Ministers to decide which application is to proceed.3The Scottish Ministers may not make such a decision unless they have had regard to all views on each of the applications, and responses to the views, which they have received in answer to invitations under section 55.4On the Scottish Ministers so deciding—aany right to buy the land or tenant's interest which is the subject of the other body's application is, so far as proceeding on that application, extinguished, andbthe Scottish Ministers must give notice in writing to—ithe owner of the land,iiwhere the application is to buy a tenant's interest, the tenant,iiithe Part 5 community bodies,ivwhere any application nominates a third party purchaser, the third party purchaser, andvevery person who was invited, under section 55(1)(a), to send the Scottish Ministers views on the application.
The Scottish Ministers may make their consent to an application made under section 54 subject to conditions.
I14260 Notification of Ministers' decision on application¶
1The Scottish Ministers must give notice in writing of their decision on an application, and their reasons for it, to—athe applicant Part 5 community body,bthe owner of the land to which the application relates,cwhere the application is to buy a tenant's interest, the tenant,dwhere the application nominates a third party purchaser, the third party purchaser,eevery other person who was invited, under section 55(1)(a), to send them views on the application, andfthe Keeper.2The notice must set out—athe land or, as the case may be, the tenant's interest to which the decision relates,bto whom the land is to be transferred or, as the case may be, to whom the tenant's interest is to be assigned,cwhere the Scottish Ministers' decision is to consent to the application, any conditions imposed under section 59,dinformation about the consequences of the decision notified and of the rights of appeal against it given by this Part, andethe date on which consent is given or refused.
I14361 Effect of Ministers' decision on right to buy¶
1The Scottish Ministers may by regulations make provision for or in connection with prohibiting, during such period as may be specified in the regulations, persons so specified from transferring or otherwise dealing with land or, as the case may be, a tenant's interest in respect of which a Part 5 community body has made an application under section 54.2Regulations under subsection (1) may in particular include provision—aspecifying transfers or dealings which are not prohibited by the regulations,brequiring or enabling specified persons in specified circumstances to register specified notices in the New Register,crequiring, in such circumstances as may be specified in the regulations, such information as may be so specified to be incorporated into deeds relating to the land as may be so specified.3The Scottish Ministers may by regulations make provision for or in connection with suspending, during such period as may be specified in the regulations, such rights in or over land in respect of which a Part 5 community body has made an application under section 54 as may be so specified.4Regulations under subsection (3) may in particular include provision specifying—arights to which the regulations do not apply,brights to which the regulations do not apply in such circumstances as may be specified in the regulations.5Nothing in this Part—aaffects the operation of an inhibition on the sale of the land,bprevents an action of adjudication from proceeding, orcaffects the commencement, execution or operation of any other diligence.
I14462 Confirmation of intention to proceed with purchase and withdrawal¶
1Where an application made under section 54 does not nominate a third party purchaser, the right to buy of a Part 5 community body is exercisable only if, within 21 days of the date of receiving notice of assessed value under section 65(13), the Part 5 community body sends notice confirming intention to proceed to buy the land or, as the case may be, tenant's interest to—athe Scottish Ministers,bthe owner of the land, andcwhere the application is to buy a tenant's interest, the tenant.2Where an application made under section 54 nominates a third party purchaser, the right to buy is exercisable only if, within 21 days of the date of receiving notice under section 65(13), both the third party purchaser and the Part 5 community body which nominated the third party purchaser send notice confirming intention to proceed to buy the land or, as the case may be, tenant's interest to—athe Scottish Ministers,bthe owner of the land, andcwhere the application is to buy a tenant's interest, the tenant.3Where an application made under section 54 does not nominate a third party purchaser—aat any time until receiving notice under section 65(13) a Part 5 community body may withdraw an application under section 54 by giving the Scottish Ministers notice in writing to that effect,bat any time after receiving notice under section 65(13), the Part 5 community body may withdraw a confirmation of intention to proceed made under this section by giving the Scottish Ministers notice in writing to that effect.4Where an application nominates a third party purchaser—aat any time until receiving notice under section 65(13), only the Part 5 community body which nominated the third party purchaser may withdraw an application under section 54 by giving the Scottish Ministers notice in writing to that effect,bat any time after receiving notice under section 65(13), either the third party purchaser or the Part 5 community body which nominated the third party purchaser may withdraw a confirmation of intention to proceed made under this section by giving the Scottish Ministers notice in writing to that effect.5The Scottish Ministers must, within 7 days of receipt of notice under subsection (1), (2), (3)(a) or (b) or (4)(a) or (b), acknowledge receipt and send a copy of that acknowledgement to—athe Keeper,bthe owner of the land, andcwhere the application is to buy a tenant's interest, the tenant.
1It is for the Part 5 community body or, as the case may be, the third party purchaser to secure the expeditious exercise of its right to buy and, in particular—ato prepare the documents necessary to—ieffect the transfer to it of the land or, as the case may be, the assignation to it of the tenant's interest, andiiimpose any conditions (including any real burdens or servitudes) which the Scottish Ministers, under section 59, require to be imposed upon the title to land, andbin so doing, to ensure—ithat the land in the application to which the Scottish Ministers have consented is that to be transferred or assigned, andiithat the transfer or assignation is to be effected in accordance with any other conditions imposed by the Scottish Ministers under section 59.2Where the Part 5 community body or, as the case may be, the third party purchaser is unable to fulfil the duty imposed by subsection (1)(b) because the land or part of the land in respect of which the Scottish Ministers' consent was given is—anot owned by the person named as its owner in the application made under section 54, orbnot tenanted by the person named as its tenant in the application made by virtue of section 48(3),it must refer that matter to the Scottish Ministers.3On a reference under subsection (2), the Scottish Ministers must direct that the right to buy of the Part 5 community body or, as the case may be, of the third party purchaser is, so far as proceeding on that application, extinguished.4The owner of the land being bought is obliged—ato make available to the Part 5 community body or, as the case may be, the third party purchaser such deeds and other documents as are sufficient to enable completion of its title to the land, andbto transfer title accordingly.5If the owner of the land refuses or fails to make those deeds and other documents available (or they cannot be found) within 6 weeks of the date on which the Scottish Ministers consent to an application to buy land, the Lands Tribunal may, on the application of the Part 5 community body or, as the case may be, the third party purchaser, order the owner or any other person appearing to the Lands Tribunal to have those deeds and documents to produce them.6If the owner of the land refuses or fails to effect such sufficient transfer as is mentioned in subsection (4), the Lands Tribunal may, on the application of the Part 5 community body or, as the case may be, the third party purchaser, authorise its clerk to adjust, execute and deliver such deeds or other documents as will complete such transfer to the same force and effect as if done by the owner or person entitled.7Where an application is to buy a tenant's interest, the tenant is obliged to make available to the Part 5 community body or, as the case may be, the third party purchaser such deeds and other documents as are sufficient to enable completion of its acquisition of the tenant's interest and the tenant is obliged to effect the assignation of the tenant's interest accordingly.8If the tenant refuses or fails to make those deeds and other documents available (or they cannot be found) within 6 weeks of the date on which the Scottish Ministers consent to an application to buy a tenant's interest, the Lands Tribunal may, on the application of the Part 5 community body or, as the case may be, the third party purchaser, order the tenant or any other person appearing to the Lands Tribunal to have those deeds and documents to produce them.9If the tenant refuses or fails to effect the assignation of the tenant's interest in accordance with subsection (7), the Lands Tribunal may, on the application of the Part 5 community body or, as the case may be, the third party purchaser, authorise its clerk to adjust, execute and deliver such deeds or other documents as will complete the assignation to the same force and effect as if done by the tenant.
1The consideration for the transfer of the land or for the assignation of the tenant's interest is its value as assessed under section 65.2Subject to subsections (3) to (5), that consideration must be paid not later than the date (the “final settlement date”) falling 6 months after the date (the “consent date”) when the Scottish Ministers consented to the application made under section 54.3Where—athe Part 5 community body or, as the case may be, the third party purchaser and the owner or, as the case may be, the tenant so agree, the consideration may be paid on a date later than the final settlement date,bthe assessment of the valuation of the land or the tenant's interest under section 65 or, as the case may be, a determination under section 66 has not been completed by a date 4 months after the consent date, the consideration must be paid not later than 2 months after the date when that assessment is completed or the date when that determination is made, whichever occurs later,cthat valuation or, as the case may be, determination under section 66 is the subject of an appeal which has not been decided within 4 months of the consent date, the consideration must be paid not later than 2 months after the date of the decision on the appeal against the valuation or, as the case may be, the determination, whichever occurs later.4The Scottish Ministers may, on the application of any of the parties, extend the final settlement date—ain relation to an application to buy land, where an appeal is made—iunder section 69 in respect of the Scottish Ministers' decision on a related application to buy a tenant's interest,iiunder section 70(1) in respect of a valuation of that tenant's interest, oriiiunder section 70(2) in respect of a determination carried out under section 66 concerning that related application,bin relation to an application to buy a tenant's interest, where an appeal is made—iunder section 69 in respect of the Scottish Ministers' decision on a related application to buy land, oriiunder section 70(1) in respect of a valuation of that land.5If, on the date the consideration is to be paid, the owner is not able to effect the grant of a good and marketable title or, as the case may be, the tenant is not able to assign the tenant's interest—athe consideration, orbif, for any reason, the consideration has not been ascertained, such sum as may be fixed by the valuer appointed under section 65 as a fair estimate of what the consideration might be,must be consigned into the Lands Tribunal until that title is granted or assignation is effected or the Part 5 community body or, as the case may be, the third party purchaser gives notice to the Tribunal and to the Scottish Ministers of its decision not to proceed to complete the transaction.6The Scottish Ministers must, within 7 days of receipt of notice of a decision not to proceed under subsection (5), acknowledge receipt and send a copy of that acknowledgement to—athe Keeper,bthe owner of the land,cwhere the application is to buy a tenant's interest, the tenant, anddthe Part 5 community body or, as the case may be, the third party purchaser.7Except where subsection (5) applies, if the consideration remains unpaid after the date not later than which it is to be paid, the Part 5 community body's or, as the case may be, the third party purchaser's confirmation of intention to proceed made under section 62 in relation to the land or the tenant's interest is to be treated as withdrawn.8Any heritable security which burdened the land or tenant's interest immediately before—atitle is granted to the Part 5 community body or, as the case may be, to the third party purchaser, orbthe tenant's interest is assigned to the Part 5 community body or, as the case may be, to the third party purchaser,ceases to do so on the registration in the Land Register of Scotland of the Part 5 community body's or third party purchaser's interest in the land.9Where such a security also burdens—aland other than the land in respect of which title is granted to the Part 5 community body or, as the case may be, to the third party purchaser, orba tenant's interest other than the tenant's interest assigned to the Part 5 community body or, as the case may be, to the third party purchaser,the security does not, by virtue of subsection (8), cease to burden that other land.10Unless the creditors in right of any such security otherwise agree, the Part 5 community body or, as the case may be, the third party purchaser must pay to them according to their respective rights and preferences any sum which would, but for this subsection, be paid to the owner by the Part 5 community body or the third party purchaser as consideration for the land or the tenant's interest.11Any sum paid by a Part 5 community body or a third party purchaser under subsection (10) must be deducted from the sum which the Part 5 community body or third party purchaser is to pay to the owner as consideration for the land or, as the case may be, to the tenant as consideration for the tenant's interest.
1Where the Scottish Ministers consent to an application made under section 54 they must within 7 days of doing so appoint a valuer, being a person who appears to the Scottish Ministers—ato be suitably qualified to consider the matters arising under this section and, as the case may be, under section 66,bto be independent, andcto have knowledge and experience of valuing land or interests of a kind similar to the land or tenant's interest being bought,to assess the value of the land or tenant's interest to which the application relates.2The validity of anything done under this section is not affected by any failure by the Scottish Ministers to comply with the time limit specified in subsection (1).3In assessing the value of land or a tenant's interest in pursuance of an appointment under subsection (1), a valuer—adoes not act on behalf of the owner of the land, the tenant, the Part 5 community body or, as the case may be, the third party purchaser, andbis to act as an expert and not as an arbiter.4The value to be assessed is the market value of the land or the tenant's interest as at the date when the Scottish Ministers consented to the application made under section 54 relating to the land or the tenant's interest.5The “market value” of land or a tenant's interest is the aggregate of—athe value the land or the tenant's interest would have on the open market as between a seller and a buyer both of whom are, as respects the transaction, willing,bany depreciation in the value of other land or interests belonging to the seller which may result from the transfer of the land or the tenant's interest, including depreciation caused by division of the land or interests by the transfer of land to the Part 5 community body or third party purchaser, andcthe amount attributable to any disturbance to the seller which may arise in connection with the transfer of the land or the tenant's interest to the Part 5 community body or third party purchaser.6In determining the value which land or a tenant's interest would have on the open market in the circumstances mentioned in subsection (5)(a)—athe valuer may take account, in so far as a seller and buyer such as are mentioned in subsection (5) would do so, of any factor attributable to the known existence of a person who (not being the Part 5 community body or third party purchaser which is exercising its right to buy) would be willing to buy the land or the tenant's interest at a price higher than others would, because of a characteristic of the land or the tenant's interest which relates peculiarly to that person's interest in buying it,bthe valuer may not take account of—iany depreciation of the type mentioned in subsection (5)(b),iiany disturbance of the type mentioned in subsection (5)(c),iiithe absence of the period of time during which the land or the tenant's interest would, on the open market, be likely to be advertised and exposed for sale.7The expense of a valuation under this section is to be met by the Scottish Ministers.8In carrying out a valuation under this section, the valuer must—ainvite—ithe owner of the land,iiwhere the application is to buy a tenant's interest, the tenant,iiithe Part 5 community body,ivwhere the application nominates a third party purchaser, the third party purchaser,to make representations in writing about the value of the land or tenant's interest, andbconsider any representations made accordingly.9Where written representations under subsection (8) are received—afrom the owner of the land or, as the case may be, the tenant, the valuer must invite the Part 5 community body and, as the case may be, the third party purchaser to send views on the representations in writing,bfrom the Part 5 community body or, as the case may be, the third party purchaser, the valuer must invite the owner of the land and, as the case may be, the tenant to send views on the representations in writing.10In carrying out a valuation under this section, the valuer must consider any views sent under subsection (9).11Where the Part 5 community body or, as the case may be, the third party purchaser and the owner of the land have agreed the valuation of the land they must notify the valuer in writing of that valuation.12Where the Part 5 community body or, as the case may be, the third party purchaser and the tenant have agreed the valuation of the tenant's interest, they must notify the valuer in writing of the valuation.13The valuer must, within the period set out in subsection (14), give notice of the assessed value of the land or tenant's interest to—athe Scottish Ministers,bthe Part 5 community body,cwhere the application nominates a third party purchaser, the third party purchaser,dthe owner of the land, andewhere the application is to buy a tenant's interest, the tenant.14The period referred to in subsection (13) is the period of 8 weeks beginning with the date of appointment of the valuer or such longer period as the Scottish Ministers may, on an application by the valuer, determine.15The validity of anything done under this Part is not affected by any failure by a valuer to comply with the time limit specified in subsection (14).
I14866 Acquisition of interest of tenant over land: allocation of rents etc.¶
1Where an application to buy a tenant's interest does not relate to the entire tenanted land, any resultant question as to the allocation—aas between the tenant and the Part 5 community body or the third party purchaser of rents payable or receivable, orbas between them of rights and obligations generally,is to be determined by the valuer when, in pursuance of an appointment under section 65(1), the valuer assesses the value of the interest of the tenant.2Any determination under subsection (1) is to be such as the valuer considers equitable in all the circumstances.3Where a determination is made under subsection (1) the valuer must, within the period specified in section 65(14), notify—athe Part 5 community body,bwhere the application nominates a third party purchaser, the third party purchaser, andcthe tenant.
1Where an application made under section 54 does not nominate a third party purchaser, any person (including an owner or former owner of land, and, where an application is to buy a tenant's interest, a tenant) who has incurred loss or expense—ain complying with the requirements of this Part following the making of the application by the Part 5 community body,bas a result of the withdrawal by the Part 5 community body of the application under section 62(3)(a),cas a result of the withdrawal by the Part 5 community body of its confirmation of intention to proceed under section 62(3)(b), or its failure otherwise to complete the purchase after having so confirmed its intention under that section, ordas a result of the failure of the Part 5 community body to complete the purchase,is entitled to recover the amount of that loss or expense from the Part 5 community body.2Where an application made under section 54 nominates a third party purchaser—aany person (including an owner or former owner of land, and, where an application is to buy a tenant's interest, a tenant) who has incurred loss or expense—iin complying with the requirements of this Part following the making of the application by the Part 5 community body,iias a result of the withdrawal by the Part 5 community body or, as the case may be, third party purchaser of its confirmation of intention to proceed under section 62(4)(b) or its failure otherwise to complete the purchase after having so confirmed its intention under that section, oriiias a result of the failure of the Part 5 community body or, as the case may be, third party purchaser to complete the purchase,is entitled to recover the amount of that loss or expense from the third party purchaser,bany such person who has incurred loss or expense as a result of the withdrawal by the Part 5 community body of the application under section 62(4)(a) is entitled to recover the amount of that loss or expense from the Part 5 community body.3There is no such entitlement under subsections (1) and (2) where the application made under section 54 is refused.4Where such an application has been refused, an owner of the land or a tenant who has incurred loss or expense as mentioned in subsection (1)(a) or (2)(a)(i) is entitled to recover the amount of that loss or expense from the Scottish Ministers.5The Scottish Ministers may by regulations make provision for or in connection with specifying—aamounts payable in respect of loss or expense incurred as mentioned in subsections (1) and (2),bamounts payable in respect of loss or expense incurred by virtue of this Part by a person of such other description as may be specified,cthe person who is liable to pay those amounts,dthe procedure under which claims for compensation under this section are to be made.6Where, at the expiry of such period of time as may be fixed for the purposes of this subsection by regulations under subsection (5)(d), any question as to whether compensation is payable or as to the amount of any compensation payable has not been settled as between the parties, either of them may refer the question to the Lands Tribunal.7Where either of the parties refers a question to the Lands Tribunal as mentioned in subsection (6), the party so referring the question must (unless that party is the Scottish Ministers), within 7 days of the date of referring it, notify the Scottish Ministers in writing of—athe reference, andbthe date of reference.8The Lands Tribunal must send a copy of its findings on a question referred to it under subsection (6) to the Scottish Ministers.9Failure to comply with subsection (7) or (8) has no effect on—athe right to buy of the Part 5 community body or, as the case may be, of the third party purchaser, orbthe validity of the reference of the question under subsection (6).
I15068 Grants towards liabilities to pay compensation¶
1The Scottish Ministers may, in the circumstances set out in subsection (2), pay a grant to a Part 5 community body or a third party purchaser.2Those circumstances are—athat after settlement of its other liabilities connected with the exercise of its right to buy land or, as the case may be, a tenant's interest under this Part, the Part 5 community body or, as the case may be, the third party purchaser has insufficient money to pay, or to pay in full, the amount of compensation it has to pay under section 67,bthat the Part 5 community body or, as the case may be, the third party purchaser has taken all reasonable steps to obtain money in order to pay, or to pay in full, that amount (other than applying for a grant under this section) but has been unable to obtain the money, andcthat it is in the public interest that the Scottish Ministers pay the grant.3The fact that all the circumstances set out in subsection (2) are applicable in a particular case does not prevent the Scottish Ministers from refusing to pay a grant in that case.4A grant under this section may be made subject to conditions which may stipulate repayment in the event of breach.5The Scottish Ministers may pay a grant under this section only on the application of a Part 5 community body or third party purchaser.6An application for such a grant must be made in such form and in accordance with such procedure as the Scottish Ministers may by regulations specify.7The Scottish Ministers must issue their decision on an application under this section in writing accompanied by, in the case of a refusal, a statement of the reasons for it.8The Scottish Ministers' decision on an application under this section is final.
1An owner of land may appeal to the sheriff against a decision by the Scottish Ministers to give consent to an application made under section 54.2Where such an application is to buy a tenant's interest, the tenant may appeal to the sheriff against a decision by the Scottish Ministers to give consent to the application.3A Part 5 community body may appeal to the sheriff against a decision by the Scottish Ministers not to give consent to an application made under section 54.4Subsection (3) does not extend to the Scottish Ministers' decision under section 58 on which of two or more applications made under section 54 to buy the same land or tenant's interest is to proceed.5A person who is a member of a community (defined under section 49(9)) to which an application relates may appeal to the sheriff against a decision by the Scottish Ministers to give consent to an application made under section 54.6A creditor in a standard security with a right to sell land may appeal to the sheriff against a decision by the Scottish Ministers to give consent to an application made under section 54.7An appeal under this section must be lodged within 28 days of the date of the Scottish Ministers' decision on an application made under section 54.8The sheriff in whose sheriffdom the land which is the subject of the application (or, as the case may be, over which the tenancy has been created) or any part of it is situated has jurisdiction to hear an appeal under this section.9Where an appeal is made—aunder subsection (1) the owner must intimate that fact to—ithe Part 5 community body,iiwhere the application nominates a third party purchaser, the third party purchaser,iiiwhere the application is to buy a tenant's interest, the tenant,ivthe Scottish Ministers, andvany creditor in a standard security with a right to sell the land to which the appeal relates,bunder subsection (2) the tenant must intimate that fact to—ithe Part 5 community body,iiwhere the application nominates a third party purchaser, the third party purchaser,iiithe owner,ivthe Scottish Ministers, andvany creditor in a standard security with a right to sell the land to which the appeal relates,cunder subsection (3) the Part 5 community body must intimate that fact to—iwhere the application nominates a third party purchaser, the third party purchaser,iithe owner,iiiwhere the application is to buy a tenant's interest, the tenant,ivthe Scottish Ministers, andvany creditor in a standard security with a right to sell the land to which the appeal relates,dunder subsection (5) the member of the community must intimate that fact to—ithe Part 5 community body,iiwhere the application nominates a third party purchaser, the third party purchaser,iiithe owner,ivwhere the application is to buy a tenant's interest, the tenant,vthe Scottish Ministers, andviany creditor in a standard security with a right to sell the land to which the appeal relates,eunder subsection (6) the creditor must intimate that fact to—ithe Part 5 community body,iiwhere the application nominates a third party purchaser, the third party purchaser,iiithe owner,ivwhere the application is to buy a tenant's interest, the tenant, andvthe Scottish Ministers.10The decision of the sheriff in an appeal under this section—amay require rectification of the New Register,bmay impose conditions upon the appellant,cis final.
1The following persons may appeal to the Lands Tribunal against a valuation carried out under section 65—athe owner of the land,bwhere the application is to buy a tenant's interest, the tenant,cthe Part 5 community body,dwhere the application nominates a third party purchaser, the third party purchaser.2The following persons may appeal to the Lands Tribunal against a determination carried out under section 66—athe tenant,bthe Part 5 community body,cwhere the application nominates a third party purchaser, the third party purchaser.3An appeal under this section must state the grounds on which it is being made and must be lodged within 21 days of the date of receiving notice of assessed value under section 65(13).4In an appeal under this section, the Lands Tribunal may—areassess the value of the land or, as the case may be, the tenant's interest,bsubstitute its own determination for any determination under section 66.5The valuer whose valuation or determination is appealed against may be a witness in the appeal proceedings.6The Lands Tribunal must give reasons for its decision on an appeal under this section and must issue a written statement of those reasons—awithin 8 weeks of the hearing of the appeal, orbwhere subsection (7) applies, by such later date referred to in paragraph (b)(ii) of that subsection.7This subsection applies where—athe Lands Tribunal considers that it is not reasonable to issue a written statement by the time limit specified in subsection (6)(a), andbbefore the expiry of that time limit, the Lands Tribunal has notified the parties to the appeal—ithat the Lands Tribunal is unable to issue a written statement by that time limit, andiiof the date by which the Lands Tribunal will issue such a written statement.8The validity of anything done under this Part is not affected by any failure of the Lands Tribunal to issue a written statement by the date referred to in subsection (6)(a) or (7)(b)(ii).9Where a person appeals under subsection (1) or (2), the person must, within 7 days of the date on which the appeal is made, notify the Scottish Ministers in writing of—athe making of the appeal, andbthe date of the making of the appeal.10The Lands Tribunal must send a copy of the written statement of reasons issued under subsection (6) to the Scottish Ministers.11Failure to comply with subsection (9) or (10) has no effect on—athe right to buy of the Part 5 community body or, as the case may be, of the third party purchaser, orbthe validity of the appeal under this section.12The Scottish Ministers are not competent parties to any appeal under this section by reason only that they appointed the valuer whose valuation or determination is the subject of the appeal.13The Scottish Ministers' powers under the Lands Tribunal Act 1949 to make rules as respects that Tribunal extend to such rules as may be necessary or expedient to give full effect to this section.
I15371 Reference to Lands Tribunal of questions on applications¶
1At any time before the Scottish Ministers reach a decision on an application which has been made under section 54 the following persons may refer to the Lands Tribunal any question relating to the application—athe Scottish Ministers,bany person who is a member of the community as defined in section 49 in relation to the applicant Part 5 community body,cthe owner of the land,dwhere the application is to buy a tenant's interest, the tenant,eany person who has any interest in the land giving rise to a right which is legally enforceable by that person, orfany person who is invited, under section 55(1)(a)(v), to send views to the Scottish Ministers on the application.2In considering any question referred to it under subsection (1), the Lands Tribunal may have regard to any representations made to it by—athe applicant Part 5 community body,bthe owner of the land,cwhere the application is to buy a tenant's interest, the tenant, ordany other person who, in the opinion of the Lands Tribunal, appears to have an interest.3The Lands Tribunal—amust advise the Scottish Ministers of its finding on any question so referred, andbmay, by order, provide that the Scottish Ministers may consent to the application only if they impose, under section 59, such conditions as the Lands Tribunal may specify.4If the Lands Tribunal considers any question referred to it under this section to be irrelevant to the Scottish Ministers' decision on the application to which it relates, it may decide to give no further consideration to the question and find accordingly.5Where a person refers a question to the Lands Tribunal under subsection (1), the person must, within 7 days of the date of referring it, notify the Scottish Ministers of—athe reference, andbthe date of reference.6Failure to comply with subsection (3)(a) or (5) has no effect on—athe validity of the application under section 54 by the Part 5 community body,bthe right to buy of the Part 5 community body or, as the case may be, of the third party purchaser, orcthe validity of the reference under subsection (1).
An appeal under section 69 or 70 does not prevent the parties from settling or otherwise agreeing the matter in respect of which the appeal was made between or among them.
1The Scottish Ministers may, on being requested to do so by a person mentioned in subsection (2), take such steps as they consider appropriate for the purpose of arranging, or facilitating the arrangement of, mediation in relation to the proposed exercise of the right to buy land or a tenant's interest under this Part.2The persons are—athe owner of the land,bwhere the application is a request to buy a tenant's interest, the tenant,cany creditor in a standard security over the land or any part of it with a right to sell the land or any part of it,dthe Part 5 community body,ewhere the application nominates a third party purchaser, the third party purchaser.3The steps mentioned in subsection (1) include—aappointing a mediator,bmaking payments to mediators in respect of services provided,creimbursing reasonable expenses of mediators.
PART 6 Entry in valuation roll of shootings and deer forests¶
I174 Repeal of exclusion of shootings and deer forests from valuation roll¶
1The Local Government etc. (Scotland) Act 1994 is amended as follows.2In section 151(1) (exclusion from valuation roll of shootings, deer forests, fishings and fish counters), “shootings, deer forests,” is repealed.3The title of section 151 becomes “
Exclusion from valuation roll of fishings and fish counters
”.
1The Valuation and Rating (Scotland) Act 1956 is amended as follows.2In section 6 (ascertainment of gross annual value, net annual value and rateable value of lands and heritages)—ain subsection (8), after “provisions” insert “
of subsection (8ZA) and
”,bafter subsection (8) insert—
I477 Change of use of land forming part of the common good¶
1Section 75 of the Local Government (Scotland) Act 1973 (disposal, etc., of land forming part of the common good) is amended as follows.2In subsection (2), before “dispose” in each place insert “
appropriate or
”.3In subsection (3), before “disposed” insert “
appropriated or
”.
1The Deer (Scotland) Act 1996 is amended as follows.2In section 5A (code of practice on deer management), in subsection (2)(c), after “may” insert “
require a deer management plan to be prepared,
”.3The italic heading before section 6 becomes “
Deer management plans, control agreements and control schemes
”.4After section 6 insert—
.
5In section 7 (control agreements), after subsection (4) insert—
.
I881 Power to require return on number of deer planned to be killed¶
1The Deer (Scotland) Act 1996 is amended as follows.2In section 16 (service of notices), in subsection (1A), for “and 40(1)” substitute “
, 40(1) and 40A(1)
”.3In section 17A (register of persons competent to shoot deer)—ain subsection (2)(a)(xiii), for “section 40” substitute “
sections 40 and 40A
”,bin subsection (6)—iin paragraph (a), after “return” insert “
within the meaning given by subsection (7)(a) or (b)(i)
”,ii“or” immediately after paragraph (a) is repealed,iiiafter paragraph (a) insert—
,
ivin paragraph (b), for “so submitted” substitute “
referred to in paragraph (a)
”,cin subsection (7), for paragraph (b) substitute—
.
4After section 40 insert—
.
5In schedule 3 (penalties)—ain the entry relating to section 17A(6), in column 1, for “17A(6)” substitute “
17A(6)(a) or (b)
”,bafter that entry, insert—
,
cafter the entry relating to section 40(4), insert—
.
I982 Increase in penalty for failure to comply with control scheme¶
In schedule 3 of the Deer (Scotland) Act 1996, in the entry relating to section 13(1) (failure to comply with control scheme), in column 3, for “level 4 on the standard scale” substitute “
£40,000
”.
I6084 Access rights: service of court applications¶
1Section 28 of the Land Reform (Scotland) Act 2003 (judicial determination of existence and extent of access rights and rights of way) is amended as follows.2In subsection (6), at the end insert “
unless subsection (7A) applies
”.3After subsection (7), insert—
99 Tenant's right to buy: removal of requirement to register¶
1The 2003 Act is amended as follows.2Sections 24 (register of tenants' interests in acquiring land) and 25 (registration of such interests) are repealed.3Before section 26 insert as an italic heading “
The right to buy
”.4In section 26 (notice of proposal to transfer land)—afor subsection (1) substitute—
,
bin subsection (2), for “subsection (1)” substitute “
subsection (1A)
”,cafter that subsection insert—
.
5In section 27 (transfers not requiring notice), subsection (1)(g)(v) is repealed.6In section 28 (right to buy)—ain subsection (1)—i“a tenant's interest in acquiring land is for the time being registered under section 25 and” is repealed,iiin paragraph (a), for first “the land” substitute “
land comprised in a lease constituting a 1991 Act tenancy,
”,bin subsection (3)—iafter paragraph (a) insert “
or
”,iiparagraph (c) is repealed (together with the “or” immediately before it).7In section 29 (exercise of right to buy), subsection (7) is repealed.
1The 1991 Act is amended as follows.2For section 13 (variation of rent) substitute—
.
3After schedule 1 insert—
.
Limited duration tenancies, modern limited duration tenancies and repairing tenancies: rent review¶
I35102 Limited duration tenancies, modern limited duration tenancies and repairing tenancies: rent review¶
1The 2003 Act is amended as follows.2In section 9 (review of rent under limited duration tenancies)—ain subsection (A1), after “tenancy” insert “
, a modern limited duration tenancy or a repairing tenancy
”,bin subsection (1), after “tenancy” insert “
or a modern limited duration tenancy
”,cafter subsection (1) insert—
,
dfor subsections (2) to (8) substitute—
,
ethe title of the section becomes “
Review of rent under limited duration tenancies, modern limited duration tenancies and repairing tenancies
”.3After section 9 insert—
.
CHAPTER 6 Assignation of and succession to agricultural tenancies¶
1Section 10A of the 1991 Act (assignation and subletting of tenancy) is amended as follows.2In subsection (1), for “any of the persons who would be entitled to succeed to his estate on intestacy by virtue of the Succession (Scotland) Act 1964 (c.41)” substitute “
any one of the persons mentioned in subsection (1A)
”.3After that subsection insert—
.
4In subsection (3), for “The” substitute “
Subject to subsection (3A), the
”.5After that subsection insert—
1The 2003 Act is amended as follows.2In section 7 (assignation and subletting of limited duration tenancies)—ain subsection (3), for “The” substitute “
Subject to subsection (3A), the
”,bafter that subsection insert—
,
cafter subsection (5) insert—
.
I100105 Assignation of modern limited duration tenancies¶
1The 2003 Act is amended as follows.2After section 7A (as inserted by section 86) insert—
In section 11 of the 1991 Act (bequest of lease)—ain subsection (1), for “his son-in-law or daughter-in-law or to any one of the persons who would be, or would in any circumstances have been, entitled to succeed to the estate on intestacy by virtue of the Succession (Scotland) Act 1964” substitute “
any one of the persons mentioned in subsection (1A)
”,bafter that subsection insert—
.
108 Limited duration tenancies, modern limited duration tenancies and repairing tenancies: succession¶
I1011Section 16 of the Succession (Scotland) Act 1964 (provisions relating to leases) is amended as follows—ain subsection (4A), for “or a limited duration tenancy” substitute “
, a limited duration tenancy, a modern limited duration tenancy or a repairing tenancy
”,bin subsection (4C), for “or a limited duration tenancy” substitute “
, a limited duration tenancy, a modern limited duration tenancy or a repairing tenancy
”,cin subsection (9)—iin the definition of “agricultural lease”, for “or a limited duration tenancy” substitute “
, a limited duration tenancy, a modern limited duration tenancy or a repairing tenancy
”,iifor “and “limited duration tenancy”” substitute “, “limited duration tenancy”, “modern limited duration tenancy” and “repairing tenancy””.I392The 2003 Act is amended as follows.3In section 21 (bequest of lease)—ain subsection (1)—I101ifor “or a limited duration tenancy” substitute “
, a limited duration tenancy, a modern limited duration tenancy or a repairing tenancy
”,I39iifor “the tenant's son-in-law or daughter-in-law or to any one of the persons who would be, or would in any circumstances have been, entitled to succeed to the estate on intestacy by virtue of the 1964 Act” substitute “
any one of the persons mentioned in subsection (1A)
”,I39bafter that subsection insert—
I40109 Objection by landlord to legatee or acquirer on intestacy¶
1The 1991 Act is amended as follows.2In section 11 (bequest of lease)—ain subsection (1), for “subsections (2) to (8) below” substitute “
subsections (2) and (3) and to sections 12A to 12C
”,bin subsection (2), after “this section” insert “
and in sections 12A to 12C
”,cin subsection (3), for “subsection (4) below” substitute “
section 12A(2) or 12B(2)
”,dsubsections (4) to (7) are repealed,ein subsection (8), “, or if the bequest is declared null and void under subsection (6) above,” is repealed.3In section 12 (right of landlord to object to acquirer of lease)—ain subsection (1)—iafter “this section” insert “
and in sections 12A to 12C
”,iifor “subsection (2) below” substitute “
section 12A(2) or 12B(2)
”,bsubsections (2) to (5) are repealed,cthe title of the section becomes “
Transfer of lease on intestacy
”.4After section 12 insert—
.
5Section 25 (termination of tenancies acquired by succession) is repealed.
CHAPTER 7 Relinquishing and assignation of 1991 Act tenancies¶
I41I158110 Tenant's offer to relinquish 1991 Act tenancy¶
1The 1991 Act is amended as follows.2After section 32 insert—
.
111 Tenant's offer to relinquish 1991 Act tenancy: consequential modifications¶
I1601In section 21(1) of the 1991 Act, after “section 20” insert “
and Part 3A
”.I42I1592The 2003 Act is amended as follows.I1603In section 55 (right to compensation for yielding vacant possession), in subsection (4), after “Where” insert “
the tenancy is a limited duration tenancy or a modern limited duration tenancy and
”.I42I1594After section 74 insert—
I83112 Amnesty for certain improvements by tenant¶
1This Chapter applies where, in respect of a relevant improvement—aa tenant of an agricultural holding to which the 1991 Act applies intends to claim compensation under section 34 of that Act, orba tenant—iunder a short limited duration tenancy within the meaning of section 4 of the 2003 Act,iiunder a limited duration tenancy within the meaning of section 5 of that Act, oriiiunder a modern limited duration tenancy within the meaning of section 5A of that Act,intends to claim compensation under section 45 of that Act.2A “relevant improvement” is a Part 1, Part 2 or Part 3 improvement completed before the beginning of the amnesty period.3In this Chapter the “amnesty period” means the period of 3 years and 6 months beginning with the day on which this section comes into force.4A tenant may give notice of the relevant improvement to the landlord in accordance with section 114.5A tenant may not give such notice where—ain relation to a Part 1 improvement—ithe tenant carried out the improvement without the landlord's consent, oriithe landlord gave consent, whether orally or in writing, and the tenant carried out the improvement in a manner substantially different to the manner consented to,bin relation to a Part 2 improvement, the tenant had given notice under section 38(1) of the 1991 Act or, as the case may be, under section 49(1) of the 2003 Act and—ithe tenant carried out the improvement in a manner substantially different to the manner proposed in the notice,iithe landlord objected to the improvement under section 39(1) of the 1991 Act or, as the case may be, under section 49(2) of the 2003 Act (as read with section 39(1) of the 1991 Act), oriiithe tenant carried out the improvement in breach of any decision of the Land Court under section 39(2) of the 1991 Act or, as the case may be, under section 49(2) of the 2003 Act (as read with section 39(2) of the 1991 Act),cin relation to a Part 3 improvement, the tenant had given notice under section 34(8) of the 1991 Act and the tenant carried out the improvement in a manner substantially different to the manner proposed in the notice.6Nothing in this section affects the extent to which compensation for a relevant improvement is recoverable by a tenant under custom, agreement or otherwise by virtue of the 1991 Act or 2003 Act in lieu of any compensation by virtue of this Chapter.7In this section—aa “Part 1 improvement” means—ian improvement specified in Part 1 of schedule 3 of the 1991 Act and begun before 31 July 1931,iian improvement specified in Part 1 of schedule 4 of the 1991 Act and begun on or after 31 July 1931 and before 1 November 1948, oriiian improvement specified in Part 1 of schedule 5 of the 1991 Act, and begun on or after 1 November 1948,ba “Part 2 improvement” means—ian improvement specified in Part 2 of schedule 3 of the 1991 Act and begun before 31 July 1931,iian improvement specified in Part 2 of schedule 4 of the 1991 Act and begun on or after 31 July 1931 and before 1 November 1948, oriiian improvement specified in Part 2 of schedule 5 of the 1991 Act and begun on or after 1 November 1948,ca “Part 3 improvement” means—ian improvement specified in paragraph 29 of schedule 3 of the 1991 Act and begun before 31 July 1931, oriian improvement specified in paragraph 29 of schedule 4 of the 1991 Act and begun on or after 31 July 1931 and before 1 November 1948.
I84113 Amendment of the Agricultural Holdings (Scotland) Acts¶
1A notice given in accordance with this section is an “amnesty notice”.2An amnesty notice must be in writing and given to the landlord within the amnesty period.3An amnesty notice must be dated and state the following—athe names and designations of the landlord and the tenant,bthe name (if any) and the address or such other description of the holding as will identify it,cdetails of the relevant improvement, including the manner in which the improvement was carried out,dthe tenant's reasons as to why it is fair and equitable for compensation to be payable for the improvement on the tenant quitting the holding at the termination of the tenancy.4Section 84(4) of the 1991 Act applies to the giving of an amnesty notice as it applies to the giving of a notice under that Act.5In this Chapter the “holding”, in the case of a short limited duration tenancy, limited duration tenancy or modern limited duration tenancy, means the land comprised in the lease.
Objection to amnesty notice and referral to Land Court¶
1Compensation under section 34 of the 1991 Act or, as the case may be, under section 45 of the 2003 Act is not payable to the tenant if, before the end of the period of 2 months beginning with the day on which the landlord receives an amnesty notice under section 114, the landlord objects to the relevant improvement or to part of it by giving notice in writing to the tenant.2A notice given under subsection (1) must be dated and must state the landlord's reasons for objecting to the relevant improvement or, as the case may be, to part of the relevant improvement.3The landlord's reasons for objecting must be one or more of the following—athat it is not fair and equitable for compensation to be payable for the relevant improvement on the tenant quitting the holding at the termination of the tenancy,bthat the landlord carried out the improvement in whole or in part, orcthe landlord gave or allowed a benefit to the tenant (under the lease or otherwise) in consideration of the tenant carrying out the improvement, whether or not the landlord agreed such benefit in writing.
1Where the landlord has given notice of objection under section 115(1), the tenant may, before the end of the period of 2 months beginning with the day on which the tenant received the notice of objection, apply to the Land Court for approval of the relevant improvement for the purposes of section 34 of the 1991 Act or, as the case may be, section 45 of the 2003 Act.2The Land Court may—aapprove the carrying out of the relevant improvement—iunconditionally, oriiupon such terms, as to reduction of the compensation which would otherwise be payable or as to other matters, as appears to it to be appropriate, orbwithhold its approval.3Before approving a relevant improvement, the Land Court must be satisfied that—athe landlord has benefited or would benefit from the improvement, andbin all the circumstances it is just and equitable for compensation to be payable by the landlord for the improvement on the tenant quitting the holding at the termination of the tenancy.4No compensation is payable to the tenant to the extent that the Land Court determines that—athe landlord carried out the improvement, orbthe landlord gave or allowed a benefit to the tenant (under the lease or otherwise) in consideration of the tenant carrying out the improvement, whether or not the landlord agreed such benefit in writing.
1Where no compensation is payable for a relevant improvement under section 34 of the 1991 Act or, as the case may be, under section 45 of the 2003 Act because a relevant requirement has not been met, the landlord and tenant may nonetheless enter into an agreement in writing during the amnesty period (an “amnesty agreement”) that the landlord will compensate the tenant for the improvement on the tenant quitting the holding at the termination of the tenancy.2Section 53 of the 1991 Act and section 59 of the 2003 Act do not apply where an amnesty agreement has been entered into.3The amount of compensation payable under an amnesty agreement must be as set out in section 36 of the 1991 Act or, as the case may be, in section 47 of the 2003 Act.4In subsection (1) a “relevant requirement” is a requirement, imposed by virtue of Part 4 of the 1991 Act or by virtue of Chapter 1 of Part 4 of the 2003 Act, compliance with which would entitle a tenant to compensation under section 34 of the 1991 Act or, as the case may be, under section 45 of the 2003 Act.
1In the 1991 Act—ain section 61 (agreement to refer matters to arbitration)—iin subsection (1), after “this Act” insert “
or section 116 of the Land Reform (Scotland) Act 2016
”,iiin subsection (2)—A“8(6),” is repealed,B“39,” is repealed,bin section 61A(5) (arbitration: procedure etc.), after “this Act” insert “
or of section 116 of the Land Reform (Scotland) Act 2016
”,cin section 61B (clauses in leases as to resolution of disputes), after “under this Act” insert “
or under section 116 of the Land Reform (Scotland) Act 2016
”.2In section 1(7A) of the Scottish Land Court Act 1993, for “or the Agricultural Holdings (Scotland) Act 2003” substitute “
, the Agricultural Holdings (Scotland) Act 2003 or section 116 of the Land Reform (Scotland) Act 2016
”.3In the 2003 Act—ain section 78 (agreement to refer matters to arbitration)—iin subsection (1), after “this Act” insert “
or by virtue of section 116 of the Land Reform (Scotland) Act 2016
”,iiin subsection (2), for “section 21, 22 or 49(2)” substitute “
section 21 or 22
”,bin section 79(5) (arbitration: procedure etc.), after “this Act” insert “
or by virtue of section 116 of the Land Reform (Scotland) Act 2016
”,cin section 81 (clauses in leases as to resolution of disputes), after “this Act” insert “
or by virtue of section 116 of the Land Reform (Scotland) Act 2016
”.
I43119 Notice required for certain improvements by landlord¶
1The 1991 Act is amended as follows.2After section 14 insert—
.
3The 2003 Act is amended as follows.4After section 10 insert—
.
I44120 Rent increase for certain improvements by landlord¶
1Section 15 of the 1991 Act (increase of rent for certain improvements by landlord) is amended as follows.2After subsection (1)(b), “or” is repealed.3After subsection (1)(c), insert
.
4Section 10 of the 2003 Act (increase in rent: landlord's improvements) is amended as follows.5After subsection (1)(b), “or” is repealed.6After subsection (1)(c), insert
I45121 Use of land for non-agricultural purposes: objection to notice of diversification¶
1The 2003 Act is amended as follows.2In section 40—ain subsection (1), for “section 41” substitute “
in sections 40A and 41
”,bafter subsection (5) insert—
,
cafter subsection (13) insert—
.
3After that section insert—
.
4In section 41—ain subsection (1), after “Where” insert “
, on an application made by the landlord under section 40A(2),
”,bin subsection (2), for “40(4)(a)” substitute “
40(4)(a) or (5A)
”,cin subsection (3)—iafter “Where” insert “
, on the application of the tenant,
”,iiafter “section 40(10)” insert “
or, as the case may be, (14)
”.
I46122 Use of land for non-agricultural purposes: requests for information¶
1The 2003 Act is amended as follows.2In section 40—ain subsection (5), for paragraph (b) substitute—
,
bfor subsection (6) substitute—
,
cin subsection (12), for paragraph (a) substitute—
1The Scottish Ministers must––areview the legislation governing small landholdings, andblay a report of that review before the Scottish Parliament no later than 31 March 2017.2The Scottish Ministers must, in carrying out the review under subsection (1), consult—asmall landholders, andbsuch other persons as they consider appropriate.3In this section, a “small landholding” is a landholding the tenancy of which is one to which––asection 32 of the Small Landholders (Scotland) Act 1911 applies, orbany of the provisions of the Small Landholders (Scotland) Acts 1886 to 1931 applies,and “small landholders” is to be construed accordingly.
1Each power of the Scottish Ministers to make regulations under this Act includes power—ato make different provision for different purposes,bto make any incidental, supplementary, consequential, transitional, transitory or saving provision which they consider appropriate.2Regulations under—asection 4(5),bsection 52(10)(b),csection 54(5)(a) or (c),dsection 55(4),esection 56(9),fsection 57(2),gsection 57(8),hsection 67(5),isection 68(6),jsubject to subsection (3)(m), section 127(1),are subject to the negative procedure.3Regulations under—asection 24(5),bsection 39(1),csection 46(2)(b) or (e),dsection 46(3),esection 48(1)(c),fsection 49(1)(c),gsection 49(8),hsection 49(9)(a),isection 50(4),jsection 52(7),ksection 61(1),lsection 61(3),msection 127(1) which add to, replace or omit the text of an Act,are subject to the affirmative procedure.4This section does not apply to regulations under section 130(2).
1The Scottish Ministers may by regulations make such incidental, supplementary, consequential, transitional, transitory or saving provision as they consider appropriate for the purposes of or in connection with this Act or any provision made under it.2Regulations under subsection (1) may modify any enactment (including this Act).
1The Crown is not criminally liable in respect of any contravention of provision made in regulations under section 39.2But the Court of Session may, on an application by the Lord Advocate, declare unlawful any act or omission of the Crown which constitutes such a contravention.3Despite subsection (2), this Act applies to persons in the public service of the Crown as it applies to other persons.
I1241Schedule 1, which contains minor amendments and amendments consequential upon the provisions of Part 5, has effect.I49I1022Schedule 2, which contains minor amendments and repeals, and amendments and repeals consequential upon the provisions of Part 10, has effect.
1This section and sections 125 to 127 and 131 come into force on the day after Royal Assent.2The other provisions of this Act come into force on such day as the Scottish Ministers may by regulations appoint.3Different days may be appointed for different purposes.4Regulations under subsection (2) may include transitional, transitory or saving provision.
I12511The Land Reform (Scotland) Act 2003 is amended as follows.2In section 35 (provisions supplementary to section 34)—afor subsection (A1) substitute—
,
bfor subsection (1) substitute—
.
3In section 52 (ballot procedure), for subsection (4) substitute—
.
4In section 72 (provisions supplementary to section 71), for subsection (1) substitute—
.
5In section 97E (provisions supplementary to section 97D), for subsection (1) substitute—
.
6In section 97N (effect of Ministers' decision on right to buy), in subsection (2)(b), for “Register of Community Rights in Abandoned, Neglected or Detrimental Land” substitute “
New Register
”.7In section 97V (appeals), in subsection (9)(a), for Register of Community Interests in Abandoned, Neglected or Detrimental Land” substitute New Register”.
I10311The Sheriff Courts (Scotland) Act 1907 is amended as follows.2In section 37A (removings: exception for certain tenancies), for “or limited duration tenancies” substitute “
, limited duration tenancies, modern limited duration tenancies or repairing tenancies
”.
Law Reform (Miscellaneous Provisions) (Scotland) Act 1985¶
I10421The Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 is amended as follows.2In section 7(2) (interpretation of sections 4 to 6), in the definition of “agricultural lease”, for “or a limited duration tenancy” substitute “
, a limited duration tenancy, a modern limited duration tenancy or a repairing tenancy
”.
I10641The Crofters (Scotland) Act 1993 is amended as follows.2In section 3A (new crofts), in subsection (9)(a)(ii), for “or limited duration tenancy” substitute “
, limited duration tenancy, modern limited duration tenancy or repairing tenancy
”.3In section 29 (miscellaneous provisions regarding subleases of crofts), in subsection (1)(b), for “or a limited duration tenancy” substitute “
, a limited duration tenancy, a modern limited duration tenancy or a repairing tenancy
”.4In section 29B (status of tenant under a short lease), in paragraph (b)—a“or” immediately after sub-paragraph (ii) is repealed,bafter sub-paragraph (iii) insert––
I10751The Children (Scotland) Act 1995 is amended as follows.2In section 76 (exclusion orders), in subsection (11)(a), for “or a limited duration tenancy” substitute “
, a limited duration tenancy, a modern limited duration tenancy or a repairing tenancy
”.
I10861The Town and Country Planning (Scotland) Act 1997 is amended as follows.2In section 35 (notice etc. of applications to owners and agricultural tenant), in subsection (7), in the definition of “agricultural land”, for “or a limited duration tenancy” substitute “
, a limited duration tenancy, a modern limited duration tenancy or a repairing tenancy
”.
7I50I1091The 2003 Act is amended as follows.I1102The italic heading before section 6 becomes “
New types of tenancy: general provision
”.I1103In section 10 (increase in rent: landlord's improvements), in subsection (1), after “tenancy” insert “
, a modern limited duration tenancy or a repairing tenancy
”.I1104In section 11 (variation of rent by Land Court)—aafter “tenancy” insert “
, a modern limited duration tenancy or a repairing tenancy
”,bfor “or 16” substitute “
, 16, 16A or 16B
”.I1105In section 12 (right of tenant to withhold rent), in subsection (1)(b), for “or a limited duration tenancy” substitute “
, a limited duration tenancy, a modern limited duration tenancy or a repairing tenancy
”.I1106In section 13 (written leases and the revision of certain leases)—ain subsection (1)—ifor “or a limited duration tenancy” substitute “
, a limited duration tenancy, a modern limited duration tenancy or a repairing tenancy
”,iiin paragraph (b)(ii), after “Act)” insert “
, section 16A or, as the case may be, section 16B
”,bin subsection (2)(b), after “16” insert “
, 16A or, as the case may be, 16B
”,cin subsection (4)(a), after “Act)” insert “
, section 16A or, as the case may be, section 16B,
”,din subsection (5), after “16” insert “
, 16A or, as the case may be, 16B
”.I1107In section 14 (freedom of cropping and disposal of produce), for “and limited duration tenancies” substitute “
, limited duration tenancies, modern limited duration tenancies and repairing tenancies
”.I1108In section 15 (permanent pasture), for “and limited duration tenancies” substitute “
, limited duration tenancies, modern limited duration tenancies and repairing tenancies
”.I1109In section 17 (resumption of land by landlord), in subsection (1)—afor “or a limited duration tenancy” substitute “
, a limited duration tenancy or a modern limited duration tenancy
”,bin sub-paragraph (ii), after “tenancy” insert “
or a modern limited duration tenancy
”.I11010In section 19 (resumption and irritancy: supplementary)––afor “or a limited duration tenancy” substitute “
, a limited duration tenancy, a modern limited duration tenancy or a repairing tenancy
”,bin paragraph (a), after “17” insert “
or 17A
”.I11011In section 22 (right of landlord to object to acquirer of tenancy)—ain subsection (1), for “or a limited duration tenancy” substitute “
, a limited duration tenancy, a modern limited duration tenancy or a repairing tenancy
”,bin subsection (3), for “or a limited duration tenancy” substitute “
, a limited duration tenancy, a modern limited duration tenancy or a repairing tenancy
”.I11012In section 23 (effect of termination of tenancy where tenant deceased), for “or a limited duration tenancy” substitute “
, a limited duration tenancy, a modern limited duration tenancy or a repairing tenancy
”.I11013In section 39 (use of land for non-agricultural purposes), in subsection (1)—a“or” immediately after paragraph (a) is repealed,bafter paragraph (b) insert––
.
I11014In section 42 (tenant's right to timber), in subsection (1)—a“or” immediately after paragraph (a) is repealed,bafter paragraph (b) insert––
.
I11015The italic heading before section 45 becomes “
New types of tenancy
”.16In section 45 (right to compensation for improvements)—I111ain subsection (1), for “or a limited duration tenancy” substitute “
, a limited duration tenancy or a modern limited duration tenancy
”,I51bafter subsection (4) insert—
.
I11217In section 46 (payment of compensation by incoming tenant), for “or a limited duration tenancy” substitute “
, a limited duration tenancy or a modern limited duration tenancy
”.I11218The italic heading before section 52 becomes “
New types of tenancy
”.I11219In section 52 (compensation for disturbance)—ain subsection (1)(b), for “or a limited duration tenancy” substitute “
, a limited duration tenancy or a modern limited duration tenancy
”,bin subsection (2)(b)(i), for “or limited duration tenancy” substitute “
, limited duration tenancy or modern limited duration tenancy
”.I11220In section 53 (compensation for other particular things)––ain subsection (1)—ifor “and limited duration tenancies” substitute “
, limited duration tenancies and modern limited duration tenancies
”,iiin paragraph (b), after “16” insert “
or 16A
”,bin subsection (2), after first “tenancies” insert “
and to modern limited duration tenancies
”,cin subsection (3), for “and limited duration tenancies” substitute “
, limited duration tenancies and modern limited duration tenancies
”.I11221In section 54 (compensation where compulsory acquisition of land), in subsection (1), for “or limited duration tenancy” substitute “
, a limited duration tenancy or a modern limited duration tenancy
”.I11222In section 55 (right to compensation for yielding vacant possession)—ain subsection (1)—i“and” immediately after paragraph (a) is repealed,iiafter paragraph (b) insert
,
bin subsection (8)(a), after second “tenancy” insert “
or a modern limited duration tenancy
”.I11223In section 56 (no right to penal rent etc.), for “or limited duration tenancy” substitute “
, a limited duration tenancy or a modern limited duration tenancy
”.I11224In section 57 (provision as to parts of land and divided land)—ain subsection (1), for “or a limited duration tenancy” substitute “
, a limited duration tenancy or a modern limited duration tenancy
”,bin subsection (3), for “or a limited duration tenancy” substitute “
, a limited duration tenancy or a modern limited duration tenancy
”.I11225In section 59 (extent to which compensation recoverable under agreements)—ain subsection (1), for “or a limited duration tenancy” substitute “
, a limited duration tenancy or a modern limited duration tenancy
”,bin subsection (3), for “or a limited duration tenancy” substitute “
, a limited duration tenancy or a modern limited duration tenancy
”.I11226In section 70 (rights of certain persons where tenant is a partnership), in subsection (1)(b), for “or a limited duration tenancy” substitute “
, a limited duration tenancy, a modern limited duration tenancy or a repairing tenancy
”.I11227In section 77 (resolution of disputes by Land Court)—ain subsection (2)(a)—i“or” immediately after sub-paragraph (ii) is repealed,iiafter sub-paragraph (ii) insert—
,
bin subsection (4)—iafter first “tenancy” insert “
, a modern limited duration tenancy or a repairing tenancy
”,iiafter “7(1)” insert “
or, as the case may be, 7B(1), 7D(1) or 7D(7)
”.I11228In section 81 (clauses in leases as to resolution of disputes), in paragraph (a), after second “tenancy” insert “
, a modern limited duration tenancy, a repairing tenancy
”.I5829In section 92 (ancillary provision), in subsection (2), for “and limited duration tenancies” substitute “
, limited duration tenancies, modern limited duration tenancies and repairing tenancies
”.30In section 93 (interpretation)—I113afor the definition of “limited duration tenancy” substitute—
,
I58bafter the definition of “the Parliament” insert—
I11481The Antisocial Behaviour etc. (Scotland) Act 2004 is amended as follows.2In section 83 (registration of certain landlords: application for registration), in subsection (6)(f)(i), for “or limited duration tenancy” substitute “
, limited duration tenancy, modern limited duration tenancy or repairing tenancy
”.
I11591The Housing (Scotland) Act 2006 is amended as follows.2In section 12 (tenancies to which repairing standard duty applies), in subsection (1)—a“or” immediately after paragraph (c)(i)(B) is repealed,bafter paragraph (c)(i)(C) insert––
101The 2003 Act is amended as follows.2In section 32 (tenant's right to buy: procedure for buying), in subsection (6)(b), “if the tenant has not so concluded missives,” is repealed.3In section 84 (power of Land Court to grant remedies etc.), in subsection (2), “in respect of fixed equipment” is repealed.
111The 1991 Act is amended as follows.2In section 5 (fixed equipment and insurance premiums), in subsection (4B)(b), for “section 13” substitute “
paragraph 7 of schedule 1A
”.3In schedule 8 (supplementary provisions with respect to payments under section 56)—ain paragraph 2(a)—i“13 or” is repealed,iiafter “Act” insert “
or paragraph 7 of schedule 1A
”,bin paragraph 3—iin paragraph (a)(i), for “section 13 of this Act” substitute “
paragraph 7 of schedule 1A
”,iifor “the said section 13” substitute “
paragraph 7(2) to (4) of schedule 1A
”,cin paragraph 4, for “section 13(1) of this Act shall have effect as if for the reference therein to the next ensuing day” substitute “
paragraph 7(2) of schedule 1A is to have effect as if for the reference to the effective date
”.
121The 2003 Act is amended as follows.2In section 54 (compensation where compulsory acquisition of land), in subsection (6)(b)—afor “sections 13 and 15 of that Act” substitute “
paragraph 7 of schedule 1A and section 15 of that Act
”,bfor “sections 9 and 10” substitute “
sections 9B and 10
”.3Section 63 (variation of rent) is repealed.4In the schedule, paragraph 15 is repealed.
131The Agricultural Holdings (Amendment) (Scotland) Act 2012 is amended as follows.2Section 3 (effect of VAT changes on determination of rent) is repealed.
I52141The Succession (Scotland) Act 1964 is amended as follows.2In section 16 (provisions relating to leases)—ain subsection (2)(c), for “section 11” substitute “
section 12A or 12B
”,bin subsection (2A)(b), after “other than” insert “
the lease of a 1991 Act tenancy or
”,cin subsection (3)(b)(i)—ifor “or an application to that court under section 11 of the 1991 Act” substitute “
, an application under section 12A of the 1991 Act or an appeal under section 12B of that Act to that court
”,iifor “or, as the case may be, the application” substitute “
, the application or, as the case may be, the appeal
”,din subsection (8), for “, or, as the case may be, section 11(2) to (8) of the 1991 Act, or, as the case may be,” substitute “
, sections 11(8), 12A and 12B of the 1991 Act,
”.3In section 29 (right of tenant to bequeath interest under lease), in subsection (2), for “section 11” substitute “
sections 11 or 12A to 12C
”.
I53151The 1991 Act is amended as follows.2In section 22 (restrictions on operation of notices to quit)—ain subsection (1), “and to section 25 of this Act” is repealed,bin subsection (2), paragraph (g) is repealed.3In section 24 (consents for the purposes of section 22)—ain subsection (1), “and to section 25(3) of this Act” is repealed,bin subsection (3), “(subject to section 25(4) of this Act)” is repealed.4In section 55 (additional payments to tenants quitting holdings: supplementary provision)—ain subsection (1), paragraph (c) is repealed,bin subsection (2), in paragraph (b), “or, where the tenant has succeeded to the tenancy as the near relative of a deceased tenant, as to the matter referred to in any of Cases 1, 3, 5 and 7 in Schedule 2 to this Act” is repealed,cin subsection (6)—ifor “by virtue of a notice to quit” substitute “
under section 12B
”,iiparagraph (a) is repealed,iiiin paragraph (c), for “notice” substitute “
counter-notice under section 12B(2)
”.5Schedule 2 (grounds for consent to operation of notices to quit a tenancy where section 25(3) applies) is repealed.
I57191The 2003 Act is amended as follows.2In section 91 (orders and regulations)—ain subsection (3)(a), “, 25(7)” is repealed,bin subsection (3)(b)—iafter “section” insert “
5B(3), 9A(3),
”,iifor “25(3) or 26(2)” substitute “
18A(4)(b)(ii), 26(2), 38A(4)(c), 38B(6)(e), 38L(4)(c) or 38P(2)
”,cin subsection (4)(b)—iafter “section” insert “
9B(3), 9C(6),
”,iiafter “36(7)” insert “
, 38C(1), 38D(4), 38M(1), 38O(4), 59A
”,iiifor “or 74,” substitute “
, 74 or 74A,
”.
Footnotes
I1
S. 74 in force at 28.6.2016 by S.S.I. 2016/193, reg. 2(1), Sch. (with art. 3)
I2
S. 75 in force at 28.6.2016 by S.S.I. 2016/193, reg. 2(1), Sch. (with art. 3)
I3
S. 76 in force at 28.6.2016 by S.S.I. 2016/193, reg. 2(1), Sch. (with art. 3)
I4
S. 77 in force at 28.6.2016 by S.S.I. 2016/193, reg. 2(1), Sch.
I5
S. 78 in force at 28.6.2016 by S.S.I. 2016/193, reg. 2(1), Sch.
I6
S. 79 in force at 28.6.2016 by S.S.I. 2016/193, reg. 2(1), Sch.
I7
S. 80 in force at 28.6.2016 by S.S.I. 2016/193, reg. 2(1), Sch.
I8
S. 81 in force at 28.6.2016 by S.S.I. 2016/193, reg. 2(1), Sch.
I9
S. 82 in force at 28.6.2016 by S.S.I. 2016/193, reg. 2(1), Sch.
I10
S. 1 in force at 1.10.2016 by S.S.I. 2016/193, reg. 2(2)
I11
S. 2 in force at 1.10.2016 by S.S.I. 2016/193, reg. 2(2)
I12
S. 4(1)(5) in force at 1.11.2016 by S.S.I. 2016/250, reg. 2(1)(2), sch. 1 (with reg. 3)
I13
S. 5 in force at 1.11.2016 by S.S.I. 2016/250, reg. 2(1)(2), sch. 1 (with reg. 3)
I14
S. 7 in force at 1.11.2016 by S.S.I. 2016/250, reg. 2(1)(2), sch. 1 (with reg. 3)
I15
S. 10 in force at 1.11.2016 by S.S.I. 2016/250, reg. 2(1)(2), sch. 1 (with reg. 3)
I16
S. 11 in force at 1.11.2016 by S.S.I. 2016/250, reg. 2(1)(2), sch. 1 (with reg. 3)
I17
S. 12(1)(2)(3)(a)(4)(5) in force at 1.11.2016 by S.S.I. 2016/250, reg. 2(1)(2), sch. 1 (with reg. 3)
I18
S. 12(3)(b) in force at 1.11.2016 for specified purposes by S.S.I. 2016/250, reg. 2(1)(2), sch. 1 (with reg. 3)
I19
S. 13 in force at 1.11.2016 by S.S.I. 2016/250, reg. 2(1)(2), sch. 1 (with reg. 3)
I20
S. 14 in force at 1.11.2016 by S.S.I. 2016/250, reg. 2(1)(2), sch. 1 (with reg. 3)
I21
S. 15 in force at 1.11.2016 by S.S.I. 2016/250, reg. 2(1)(2), sch. 1 (with reg. 3)
I22
S. 16 in force at 1.11.2016 by S.S.I. 2016/250, reg. 2(1)(2), sch. 1 (with reg. 3)
I23
S. 17 in force at 1.11.2016 by S.S.I. 2016/250, reg. 2(1)(2), sch. 1 (with reg. 3)
I24
S. 18 in force at 1.11.2016 by S.S.I. 2016/250, reg. 2(1)(2), sch. 1 (with reg. 3)
I25
S. 19 in force at 1.11.2016 by S.S.I. 2016/250, reg. 2(1)(2), sch. 1 (with regs. 3, 4)
I26
S. 20 in force at 1.11.2016 by S.S.I. 2016/250, reg. 2(1)(2), sch. 1 (with regs. 3, 4)
I27
S. 21(1)(2) in force at 1.11.2016 by S.S.I. 2016/250, reg. 2(1)(2), sch. 1 (with reg. 3)
I28
S. 44 in force at 1.11.2016 by S.S.I. 2016/250, reg. 2(1)(2), sch. 1 (with reg. 3)
I29
S. 85(1)(3) in force at 23.12.2016 for specified purposes by S.S.I. 2016/365, reg. 2, sch. (with regs. 3-15)
I30
S. 89 in force at 23.12.2016 for specified purposes by S.S.I. 2016/365, reg. 2, sch. (with regs. 3-15)
I31
S. 92 in force at 23.12.2016 for specified purposes by S.S.I. 2016/365, reg. 2, sch. (with regs. 3-15)
I32
S. 98 in force at 23.12.2016 for specified purposes by S.S.I. 2016/365, reg. 2, sch. (with regs. 3-15)
I33
S. 100 in force at 23.12.2016 for specified purposes by S.S.I. 2016/365, reg. 2, sch. (with regs. 3-15)
I34
S. 101 in force at 23.12.2016 for specified purposes by S.S.I. 2016/365, reg. 2, sch. (with regs. 3-15)
I35
S. 102 in force at 23.12.2016 for specified purposes by S.S.I. 2016/365, reg. 2, sch. (with regs. 3-15)
I36
S. 103 in force at 23.12.2016 by S.S.I. 2016/365, reg. 2, sch. (with regs. 3-15)
I37
S. 104 in force at 23.12.2016 by S.S.I. 2016/365, reg. 2, sch. (with regs. 3-15)
I38
S. 107 in force at 23.12.2016 by S.S.I. 2016/365, reg. 2, sch. (with regs. 3-15)
I39
S. 108(2)(3)(a)(ii)(b) in force at 23.12.2016 by S.S.I. 2016/365, reg. 2, sch. (with regs. 3-15)
I40
S. 109 in force at 23.12.2016 by S.S.I. 2016/365, reg. 2, sch. (with regs. 3-15)
I41
S. 110 in force at 23.12.2016 for specified purposes by S.S.I. 2016/365, reg. 2, sch. (with regs. 3-15)
I42
S. 111(2)(4) in force at 23.12.2016 for specified purposes by S.S.I. 2016/365, reg. 2, sch. (with regs. 3-15)
I43
S. 119 in force at 23.12.2016 by S.S.I. 2016/365, reg. 2, sch. (with regs. 3-15)
I44
S. 120 in force at 23.12.2016 by S.S.I. 2016/365, reg. 2, sch. (with regs. 3-15)
I45
S. 121 in force at 23.12.2016 by S.S.I. 2016/365, reg. 2, sch. (with regs. 3-15)
I46
S. 122 in force at 23.12.2016 by S.S.I. 2016/365, reg. 2, sch. (with regs. 3-15)
I47
S. 123 in force at 23.12.2016 by S.S.I. 2016/365, reg. 2, sch. (with regs. 3-15)
I48
S. 124 in force at 23.12.2016 by S.S.I. 2016/365, reg. 2, sch. (with regs. 3-15)
I49
S. 129(2) in force at 23.12.2016 for specified purposes by S.S.I. 2016/365, reg. 2, sch. (with regs. 3-15)
I50
Sch. 2 para. 7(1) in force at 23.12.2016 for specified purposes by S.S.I. 2016/365, reg. 2, sch. (with regs. 3-15)
I51
Sch. 2 para. 7(16)(b) in force at 23.12.2016 by S.S.I. 2016/365, reg. 2, sch. (with regs. 3-15)
I52
Sch. 2 para. 14 in force at 23.12.2016 by S.S.I. 2016/365, reg. 2, sch. (with regs. 3-15)
I53
Sch. 2 para. 15 in force at 23.12.2016 by S.S.I. 2016/365, reg. 2, sch. (with regs. 3-15)
I54
Sch. 2 para. 16 in force at 23.12.2016 by S.S.I. 2016/365, reg. 2, sch. (with regs. 3-15)
I55
Sch. 2 para. 17 in force at 23.12.2016 by S.S.I. 2016/365, reg. 2, sch. (with regs. 3-15)
I56
Sch. 2 para. 18 in force at 23.12.2016 by S.S.I. 2016/365, reg. 2, sch. (with regs. 3-15)
I57
Sch. 2 para. 19 in force at 23.12.2016 by S.S.I. 2016/365, reg. 2, sch. (with regs. 3-15)
I58
Sch. 2 para. 7(29)(30)(b) in force at 23.12.2016 for specified purposes by S.S.I. 2016/365, reg. 2, sch. (with regs. 3-15)
I59
S. 83 in force at 31.12.2016 by S.S.I. 2016/372, reg. 2 (with regs. 3, 4)
I60
S. 84 in force at 31.12.2016 by S.S.I. 2016/372, reg. 2 (with regs. 3, 4)
I61
S. 4(6)-(8) in force at 1.4.2017 by S.S.I. 2016/250, reg. 2(3), sch. 2
I62
S. 6 in force at 1.4.2017 by S.S.I. 2016/250, reg. 2(3), sch. 2
I63
S. 8 in force at 1.4.2017 by S.S.I. 2016/250, reg. 2(3), sch. 2
I64
S. 9 in force at 1.4.2017 by S.S.I. 2016/250, reg. 2(3), sch. 2
I65
S. 21(3) in force at 1.4.2017 by S.S.I. 2016/250, reg. 2(3), sch. 2
I66
S. 23 in force at 1.4.2017 by S.S.I. 2016/250, reg. 2(3), sch. 2
I67
S. 24 in force at 1.4.2017 by S.S.I. 2016/250, reg. 2(3), sch. 2
I68
S. 25 in force at 1.4.2017 by S.S.I. 2016/250, reg. 2(3), sch. 2
I69
S. 26 in force at 1.4.2017 by S.S.I. 2016/250, reg. 2(3), sch. 2
I70
S. 27(1)(2)(a)-(f)(h)(i)(3)-(9) in force at 1.4.2017 by S.S.I. 2016/250, reg. 2(3), sch. 2
I71
S. 28 in force at 1.4.2017 by S.S.I. 2016/250, reg. 2(3), sch. 2
I72
S. 29 in force at 1.4.2017 by S.S.I. 2016/250, reg. 2(3), sch. 2
I73
S. 30 in force at 1.4.2017 by S.S.I. 2016/250, reg. 2(3), sch. 2
I74
S. 31 in force at 1.4.2017 by S.S.I. 2016/250, reg. 2(3), sch. 2
I75
S. 32 in force at 1.4.2017 by S.S.I. 2016/250, reg. 2(3), sch. 2
I76
S. 33 in force at 1.4.2017 by S.S.I. 2016/250, reg. 2(3), sch. 2
I77
S. 34 in force at 1.4.2017 by S.S.I. 2016/250, reg. 2(3), sch. 2
I78
S. 35 in force at 1.4.2017 by S.S.I. 2016/250, reg. 2(3), sch. 2
I79
S. 36 in force at 1.4.2017 by S.S.I. 2016/250, reg. 2(3), sch. 2
I80
S. 37 in force at 1.4.2017 by S.S.I. 2016/250, reg. 2(3), sch. 2
I81
S. 38 in force at 1.4.2017 by S.S.I. 2016/250, reg. 2(3), sch. 2
I82
S. 22(1)(2)(3)(a)(ii)(iii)(b)(4)(5) in force at 1.4.2017 by S.S.I. 2016/250, reg. 2(3), sch. 2
I83
S. 112 in force at 13.6.2017 by S.S.I. 2017/20, reg. 2, sch. (with reg. 3)
I84
S. 113 in force at 13.6.2017 by S.S.I. 2017/20, reg. 2, sch. (with reg. 4)
I85
S. 114 in force at 13.6.2017 by S.S.I. 2017/20, reg. 2, sch. (with reg. 5)
I86
S. 115 in force at 13.6.2017 by S.S.I. 2017/20, reg. 2, sch.
I87
S. 116 in force at 13.6.2017 by S.S.I. 2017/20, reg. 2, sch.
I88
S. 117 in force at 13.6.2017 by S.S.I. 2017/20, reg. 2, sch.
I89
S. 118 in force at 13.6.2017 by S.S.I. 2017/20, reg. 2, sch.
I90
S. 3 in force at 1.10.2017 by S.S.I. 2016/193, reg. 2(3)
I91
S. 22(3)(a)(i) in force at 1.10.2017 by S.S.I. 2016/250, reg. 2(4)
F1
Words in s. 19(2) substituted (22.11.2017) by The Land Reform (Scotland) Act 2016 (Supplemental Provision) Regulations 2017 (S.S.I. 2017/400), regs. 1, 2(2)(a)
F2
S. 19(3A) inserted (22.11.2017) by The Land Reform (Scotland) Act 2016 (Supplemental Provision) Regulations 2017 (S.S.I. 2017/400), regs. 1, 2(2)(b)
I92
S. 85(1)(3) in force at 30.11.2017 in so far as not already in force by S.S.I. 2017/299, reg. 2, sch. (with reg. 5) (as amended by S.S.I. 2017/370, regs. 1, 3, 4)
I93
S. 85(2) in force at 30.11.2017 by S.S.I. 2017/299, reg. 2, sch. (with reg. 4)
I94
S. 86 in force at 30.11.2017 by S.S.I. 2017/299, reg. 2, sch.
I95
S. 87 in force at 30.11.2017 by S.S.I. 2017/299, reg. 2, sch.
I96
S. 88 in force at 30.11.2017 by S.S.I. 2017/299, reg. 2, sch.
I97
S. 89 in force at 30.11.2017 in so far as not already in force by S.S.I. 2017/299, reg. 2, sch.
I98
S. 90 in force at 30.11.2017 by S.S.I. 2017/299, reg. 2, sch. (with reg. 3)
I99
S. 91 in force at 30.11.2017 by S.S.I. 2017/299, reg. 2, sch.
I100
S. 105 in force at 30.11.2017 by S.S.I. 2017/299, reg. 2, sch.
I101
S. 108(1)(3)(a)(i) in force at 30.11.2017 by S.S.I. 2017/299, reg. 2, sch. (with regs. 7, 12) (as amended by S.S.I. 2017/370, regs. 1, 3, 4)
I102
S. 129(2) in force at 30.11.2017 for specified purposes by S.S.I. 2017/299, reg. 2, sch.
I103
Sch. 2 para. 1 in force at 30.11.2017 by S.S.I. 2017/299, reg. 2, sch. (with reg. 6) (as amended by S.S.I. 2017/370, regs. 1, 3, 4)
I104
Sch. 2 para. 2 in force at 30.11.2017 by S.S.I. 2017/299, reg. 2, sch. (with reg. 8) (as amended by S.S.I. 2017/370, regs. 1, 3, 4)
I105
Sch. 2 para. 3 in force at 30.11.2017 by S.S.I. 2017/299, reg. 2, sch.
I106
Sch. 2 para. 4 in force at 30.11.2017 by S.S.I. 2017/299, reg. 2, sch. (with reg. 9) (as amended by S.S.I. 2017/370, regs. 1, 3, 4)
I107
Sch. 2 para. 5 in force at 30.11.2017 by S.S.I. 2017/299, reg. 2, sch. (with reg. 10) (as amended by S.S.I. 2017/370, regs. 1, 3, 4)
I108
Sch. 2 para. 6 in force at 30.11.2017 by S.S.I. 2017/299, reg. 2, sch. (with reg. 11) (as amended by S.S.I. 2017/370, regs. 1, 3, 4)
I109
Sch. 2 para. 7(1) in force at 30.11.2017 for specified purposes by S.S.I. 2017/299, reg. 2, sch.
I110
Sch. 2 para. 7(2)-(15) in force at 30.11.2017 by S.S.I. 2017/299, reg. 2, sch. (with reg. 12) (as amended by S.S.I. 2017/370, regs. 1, 3, 4)
I111
Sch. 2 para. 7(16)(a) in force at 30.11.2017 by S.S.I. 2017/299, reg. 2, sch.
I112
Sch. 2 para. 7(17)-(28) in force at 30.11.2017 by S.S.I. 2017/299, reg. 2, sch. (with reg. 12) (as amended by S.S.I. 2017/370, regs. 1, 3, 4)
I113
Sch. 2 para. 7(30)(a) in force at 30.11.2017 by S.S.I. 2017/299, reg. 2, sch.
I114
Sch. 2 para. 8 in force at 30.11.2017 by S.S.I. 2017/299, reg. 2, sch. (with reg. 13) (as amended by S.S.I. 2017/370, regs. 1, 3, 4)
I115
Sch. 2 para. 9 in force at 30.11.2017 by S.S.I. 2017/299, reg. 2, sch. (with reg. 14) (as amended by S.S.I. 2017/370, regs. 1, 3, 4)
I116
S. 52(10)(b) in force at 23.4.2018 for specified purposes by S.S.I. 2018/99, reg. 2
I117
S. 39 in force at 17.5.2018 for specified purposes by S.S.I. 2018/138, art. 2, sch. 1
I118
S. 40 in force at 17.5.2018 for specified purposes by S.S.I. 2018/138, art. 2, sch. 1
I119
S. 41 in force at 17.5.2018 by S.S.I. 2018/138, art. 2, sch. 1
I120
S. 42 in force at 17.5.2018 for specified purposes by S.S.I. 2018/138, art. 2, sch. 1
I121
S. 52(1)(10)(a)(c) (11)-(13) in force at 27.6.2018 by S.S.I. 2018/138, art. 3, sch. 2
I122
S. 52(10)(b) in force at 27.6.2018 in so far as not already in force by S.S.I. 2018/138, art. 3, sch. 2
I123
S. 53 in force at 27.6.2018 by S.S.I. 2018/138, art. 3, sch. 2
I124
S. 129(1) in force at 27.6.2018 by S.S.I. 2018/138, art. 3, sch. 2
I125
Sch. 1 para. 1 in force at 27.6.2018 by S.S.I. 2018/138, art. 3, sch. 2 (with reg. 4)
I126
S. 40 in force at 10.1.2020 in so far as not already in force by S.S.I. 2019/420, reg. 2(a)
I127
S. 42 in force at 10.1.2020 in so far as not already in force by S.S.I. 2019/420, reg. 2(b)
I128
S. 52(2)-(9) in force at 26.4.2020 by S.S.I. 2020/20, reg. 2, sch.
I129
S. 45 in force at 26.4.2020 by S.S.I. 2020/20, reg. 2, sch.
I130
S. 46 in force at 26.4.2020 by S.S.I. 2020/20, reg. 2, sch.
I131
S. 47 in force at 26.4.2020 by S.S.I. 2020/20, reg. 2, sch.
I132
S. 48 in force at 26.4.2020 by S.S.I. 2020/20, reg. 2, sch.
I133
S. 49 in force at 26.4.2020 by S.S.I. 2020/20, reg. 2, sch.
I134
S. 50 in force at 26.4.2020 by S.S.I. 2020/20, reg. 2, sch.
I135
S. 51 in force at 26.4.2020 by S.S.I. 2020/20, reg. 2, sch.
I136
S. 54 in force at 26.4.2020 by S.S.I. 2020/20, reg. 2, sch.
I137
S. 55 in force at 26.4.2020 by S.S.I. 2020/20, reg. 2, sch.
I138
S. 56 in force at 26.4.2020 by S.S.I. 2020/20, reg. 2, sch.
I139
S. 57 in force at 26.4.2020 by S.S.I. 2020/20, reg. 2, sch.
I140
S. 58 in force at 26.4.2020 by S.S.I. 2020/20, reg. 2, sch.
I141
S. 59 in force at 26.4.2020 by S.S.I. 2020/20, reg. 2, sch.
I142
S. 60 in force at 26.4.2020 by S.S.I. 2020/20, reg. 2, sch.
I143
S. 61 in force at 26.4.2020 by S.S.I. 2020/20, reg. 2, sch.
I144
S. 62 in force at 26.4.2020 by S.S.I. 2020/20, reg. 2, sch.
I145
S. 63 in force at 26.4.2020 by S.S.I. 2020/20, reg. 2, sch.
I146
S. 64 in force at 26.4.2020 by S.S.I. 2020/20, reg. 2, sch.
I147
S. 65 in force at 26.4.2020 by S.S.I. 2020/20, reg. 2, sch.
I148
S. 66 in force at 26.4.2020 by S.S.I. 2020/20, reg. 2, sch.
I149
S. 67 in force at 26.4.2020 by S.S.I. 2020/20, reg. 2, sch.
I150
S. 68 in force at 26.4.2020 by S.S.I. 2020/20, reg. 2, sch.
I151
S. 69 in force at 26.4.2020 by S.S.I. 2020/20, reg. 2, sch.
I152
S. 70 in force at 26.4.2020 by S.S.I. 2020/20, reg. 2, sch.
I153
S. 71 in force at 26.4.2020 by S.S.I. 2020/20, reg. 2, sch.
I154
S. 72 in force at 26.4.2020 by S.S.I. 2020/20, reg. 2, sch.
I155
S. 73 in force at 26.4.2020 by S.S.I. 2020/20, reg. 2, sch.
F3
Words in s. 112(3) inserted (12.6.2020) by The Land Reform (Scotland) Act 2016 (Supplementary Provision) (Coronavirus) Regulations 2020 (S.S.I. 2020/174), regs. 1(1), 2
I156
S. 39 in force at 16.12.2020 in so far as not already in force by S.S.I. 2020/383, reg. 2
I157
S. 128 in force at 16.12.2020 by S.S.I. 2020/383, reg. 2
I158
S. 110 in force at 28.2.2021 in so far as not already in force by S.S.I. 2020/428, reg. 2
I159
S. 111(2)(4) in force at 28.2.2021 in so far as not already in force by S.S.I. 2020/428, reg. 2
I160
S. 111(1)(3) in force at 28.2.2021 by S.S.I. 2020/428, reg. 2
F4
S. 1(3)(ea) inserted (30.11.2025) by Scottish Languages Act 2025 (asp 10), ss. 14(2), 48(2); S.S.I. 2025/348, reg. 2, sch.
F5
S. 22(6) inserted (16.3.2026) by Land Reform (Scotland) Act 2025 (asp 15), ss. 8(2)(b), 47(2); S.S.I. 2026/119, reg. 2(1)(2)(a)
F6
S. 22(5)(e) inserted (16.3.2026) by Land Reform (Scotland) Act 2025 (asp 15), ss. 8(2)(a), 47(2); S.S.I. 2026/119, reg. 2(1)(2)(a)
F7
S. 22(5)(f)-(h) inserted (16.3.2026) by Land Reform (Scotland) Act 2025 (asp 15), ss. 9(2), 47(2); S.S.I. 2026/119, reg. 2(1)(2)(b)