Agricultural Holdings (Scotland) Act 2003
Agricultural Holdings (Scotland) Act 2003 (2003 asp 11)
- Agricultural Holdings (Scotland) Act 2003 (2003 asp 11)
- Part 1 Agricultural tenancies
- Chapter 1 Types of tenancy
- Tenancies under the 1991 Act
- 1 Application of the 1991 Act to agricultural holdings
- 2 Conversion from 1991 Act tenancy to limited duration tenancy
- 2A Conversion from 1991 Act tenancy to modern limited duration tenancy
- 2B Conversion from limited duration tenancy to modern limited duration tenancy
- Leases for grazing or mowing
- 3 Leases for grazing or mowing
- New types of tenancy
- 4 Short limited duration tenancies
- 5 Limited duration tenancies
- 5A Modern limited duration tenancies
- 5B Modern limited duration tenancies: break clauses
- 5C Repairing tenancies: creation
- 5D Repairing tenancies: exemption from rules of good husbandry during repairing period
- Chapter 2 General provision as to new types of tenancy
- New types of tenancy: general provision
- 6 Assignation, subletting and termination of short limited duration tenancies
- 7 Assignation and subletting of limited duration tenancies
- 7A Subletting of modern limited duration tenancies
- 7B Assignation of modern limited duration tenancies
- 8 Continuation and termination of limited duration tenancies
- 8A Termination of modern limited duration tenancies by agreement
- 8B Termination of modern limited duration tenancies by landlord
- 8C Termination of modern limited duration tenancies by tenant
- 8D Termination of modern limited duration tenancies subject to break clause
- 8E Continuation and extension of modern limited duration tenancies
- 9 Review of rent under limited duration tenanciesReview of rent under limited duration tenancies, modern limited duration tenancies and repairing tenancies
- 9A Form and content of rent review notice
- 9B Determination of rent
- 9C Review of rent under limited duration tenancies, modern limited duration tenancies and repairing tenancies: surplus residential accommodation
- 10 Increase in rent: landlord’s improvements
- 10A Landlord improvement notices
- 10B Objection by tenant
- 10C Referral to Land Court
- 10D Notice of dates of improvement
- 10E Improvement by landlord without notice etc.
- 10F Emergency improvements
- 11 Variation of rent by Land Court
- 12 Right of tenant to withhold rent
- 13 Written leases and the revision of certain leases
- 14 Freedom of cropping and disposal of produce
- 15 Permanent pasture
- 16 Fixed equipment etc.
- 16A Modern limited duration tenancies: fixed equipment etc.
- 17 Resumption of land by landlord
- 18 Irritancy of lease and good husbandry
- 18A Irritancy of lease and good husbandry: modern limited duration tenancies
- 19 Resumption and irritancy: supplementary
- Succession to short limited duration tenancies and limited duration tenancies
- 20 Section 16 of the Succession (Scotland) Act 1964
- 21 Bequest of lease
- 22 Right of landlord to object to acquirer of tenancy
- 23 Effect of termination of tenancy where tenant deceased
- Part 2 Tenant’s right to buy land
- Registration of interest and the right to buy
- 24 The Keeper and the Register
- 25 Registration of tenant’s interest
- 26 Notice of proposal to transfer land
- 27 Transfers not requiring notice
- 28 Right to buy
- 29 Exercise of right to buy
- 30 Meaning of “creditor in a standard security with a right to sell land”
- 31 Effect of extinguishing of right to buy
- Procedure for buying and valuation
- 32 Procedure for buying
- 33 Appointment of valuer
- 34 Valuation of the land
- 35 Special provision where buyer is general partner in limited partnership
- 36 Valuation etc.: further provision
- 37 Appeal to Lands Tribunal against valuation
- 38 Referral of certain matters by Lands Tribunal to Land Court
- PART 2A Sale where landlord in breach
- Application to Land Court for order for sale
- 38A Application to Land Court for order for sale
- 38B Order for sale
- 38C Effect of order for sale: prohibition of transfer etc.
- 38D Effect of order for sale: suspension of rights
- 38E Tenant's right to buy
- Procedure for buying and valuation
- 38F Procedure for buying
- 38G Appointment of valuer and valuation of the land
- 38H Failure of seller to complete transaction
- 38I Failure of tenant to complete transaction
- 38J Completion of sale to tenant
- 38K Effect of extinguishing of right to buy
- Sale to third party
- 38L Sale to third party
- 38M Procedure for sale to third party
- Post-sale obligations
- 38N Restriction on notice to quit etc. where sale to third party
- 38O Payment to former landlord where early resale
- 38P Compensation
- Part 3 Use of agricultural land: diversification
- 39 Use of land for non-agricultural purposes
- 40 Notice of and objection to diversification
- 40A Landlord's objection: application to Land Court
- 41 Imposition of conditions by Land Court
- 42 Tenant’s right to timber
- Part 4 Compensation under agricultural tenancies
- Chapter 1 Compensation for improvements
- 1991 Act tenancies
- 43 Agreements as to compensation for improvements
- 44 Amount of compensation where grant made to tenant
- New types of tenancy
- 45 Right to compensation for improvements
- 45A Amnesty under the Land Reform (Scotland) Act 2016
- 46 Payment of compensation by incoming tenant
- 47 Amount of compensation
- 48 Consent required for compensation in certain cases
- 49 Notice required for certain improvements
- Chapter 2 Compensation for disturbance and diversification etc.
- 1991 Act tenancies
- 50 Compensation for disturbance and for damage by game
- 51 Compensation arising as a result of diversification etc.
- New types of tenancy
- 52 Compensation for disturbance
- 53 Compensation for other particular things
- Chapter 3 Compensation where compulsory acquisition of land
- 54 Compensation where compulsory acquisition of land
- Chapter 4 Miscellaneous provision as to compensation
- 55 Right to compensation for yielding vacant possession
- 56 No right to penal rent etc.
- 57 Provision as to parts of land and divided land
- 58 Compensation not payable where direction as to permanent pasture
- 59 Extent to which compensation recoverable under agreements
- 59A Compensation under repairing tenancies
- Part 5 Miscellaneous amendments to the 1991 Act
- 60 Agreements as to fixed equipment
- 61 Making of records
- 62 Interdict in certain cases
- 63 Variation of rent
- 64 Tenant’s right to withhold rent
- 65 Termination of tenancy
- 66 Assignation and subletting of tenancy
- 67 Notices to quit
- 68 Restoration of agricultural holding following mineral exploitation
- 69 Good husbandry and conservation activities
- Part 6 Rights of certain persons where tenant is a partnership
- 70 Rights of certain persons where tenant is a partnership
- 71 Meaning of “family”
- 72 Rights of certain persons where tenant is a limited partnership
- 72A Application of section 73
- 73 Termination of tenancy continued under section 72
- 74 Application of right to buy provisions
- 74A Application of Part 3A of the 1991 Act
- Part 7 Jurisdiction of the Land Court and the resolution of disputes
- 1991 Act tenancies
- 75 Jurisdiction of the Land Court
- 76 Arbitrations etc.
- Short limited duration tenancies and limited duration tenancies etc.
- 77 Resolution of disputes by Land Court
- 78 Agreement to refer matters to arbitration
- 79 Arbitration: procedure etc.
- 80 Other provisions as to the resolution of disputes
- 81 Clauses in leases as to resolution of disputes
- Jurisdiction of the Land Court: further provision
- 82 Amendment of the Scottish Land Court Act 1993
- 83 Power to amend Land Court’s jurisdiction
- 84 Power of Land Court to grant remedies etc.
- 85 Remit from Land Court to sheriff or Court of Session
- 86 Remit to Land Court by sheriff or Court of Session
- 87 Transmission of case where contingency
- 88 Appeal from Land Court to Court of Session
- 89 Expenses in sheriff court and Court of Session
- 90 Conduct of arbiter and setting aside of arbiter’s award
- Part 8 General provisions
- 91 Orders and regulations
- 92 Ancillary provision
- 93 Interpretation
- 94 Amendments to enactments
- 95 Short title, Crown application and commencement
- SCHEDULE Amendments to enactments
- Agriculture Act 1986 (c. 49)
- The 1991 Act