SCHEDULE 2AGRICULTURAL HOLDINGS: MINOR AND CONSEQUENTIAL MODIFICATIONS

(introduced by section 129(2))

PART 1Modern limited duration tenancies and repairing tenancies

Sheriff Courts (Scotland) Act 1907

I101

1

The Sheriff Courts (Scotland) Act 1907 is amended as follows.

2

In 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

I112

1

The Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 is amended as follows.

2

In 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 ”.

1991 Act

I123

1

The 1991 Act is amended as follows.

2

In section 21(1) (notice to quit and notice of intention to quit), for “2” substitute “ 2A ”.

Crofters (Scotland) Act 1993

I134

1

The Crofters (Scotland) Act 1993 is amended as follows.

2

In 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 ”.

3

In 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 ”.

4

In section 29B (status of tenant under a short lease), in paragraph (b)—

a

“or” immediately after sub-paragraph (ii) is repealed,

b

after sub-paragraph (iii) insert––

iv

a modern limited duration tenancy within the meaning of that Act, or

v

a repairing tenancy within the meaning of that Act.

Children (Scotland) Act 1995

I145

1

The Children (Scotland) Act 1995 is amended as follows.

2

In 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 ”.

Town and Country Planning (Scotland) Act 1997

I156

1

The Town and Country Planning (Scotland) Act 1997 is amended as follows.

2

In 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 ”.

2003 Act

7

I1I161

The 2003 Act is amended as follows.

I172

The italic heading before section 6 becomes “ New types of tenancy: general provision ”.

I173

In section 10 (increase in rent: landlord's improvements), in subsection (1), after “tenancy” insert “ , a modern limited duration tenancy or a repairing tenancy ”.

I174

In section 11 (variation of rent by Land Court)—

a

after “tenancy” insert “ , a modern limited duration tenancy or a repairing tenancy ”,

b

for “or 16” substitute “ , 16, 16A or 16B ”.

I175

In 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 ”.

I176

In section 13 (written leases and the revision of certain leases)—

a

in subsection (1)—

i

for “or a limited duration tenancy” substitute “ , a limited duration tenancy, a modern limited duration tenancy or a repairing tenancy ”,

ii

in paragraph (b)(ii), after “Act)” insert “ , section 16A or, as the case may be, section 16B ”,

b

in subsection (2)(b), after “16” insert “ , 16A or, as the case may be, 16B ”,

c

in subsection (4)(a), after “Act)” insert “ , section 16A or, as the case may be, section 16B, ”,

d

in subsection (5), after “16” insert “ , 16A or, as the case may be, 16B ”.

I177

In 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 ”.

I178

In section 15 (permanent pasture), for “and limited duration tenancies” substitute “ , limited duration tenancies, modern limited duration tenancies and repairing tenancies ”.

I179

In section 17 (resumption of land by landlord), in subsection (1)—

a

for “or a limited duration tenancy” substitute “ , a limited duration tenancy or a modern limited duration tenancy ”,

b

in sub-paragraph (ii), after “tenancy” insert “ or a modern limited duration tenancy ”.

I1710

In section 19 (resumption and irritancy: supplementary)––

a

for “or a limited duration tenancy” substitute “ , a limited duration tenancy, a modern limited duration tenancy or a repairing tenancy ”,

b

in paragraph (a), after “17” insert “ or 17A ”.

I1711

In section 22 (right of landlord to object to acquirer of tenancy)—

a

in subsection (1), for “or a limited duration tenancy” substitute “ , a limited duration tenancy, a modern limited duration tenancy or a repairing tenancy ”,

b

in subsection (3), for “or a limited duration tenancy” substitute “ , a limited duration tenancy, a modern limited duration tenancy or a repairing tenancy ”.

I1712

In 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 ”.

I1713

In section 39 (use of land for non-agricultural purposes), in subsection (1)—

a

“or” immediately after paragraph (a) is repealed,

b

after paragraph (b) insert––

c

tenancy under a lease constituting a modern limited duration tenancy, or

d

tenancy under a lease constituting a repairing tenancy,

I1714

In section 42 (tenant's right to timber), in subsection (1)—

a

“or” immediately after paragraph (a) is repealed,

b

after paragraph (b) insert––

c

a modern limited duration tenancy, or

d

a repairing tenancy,

I1715

The italic heading before section 45 becomes “ New types of tenancy ”.

16

In section 45 (right to compensation for improvements)—

I18a

in subsection (1), for “or a limited duration tenancy” substitute “ , a limited duration tenancy or a modern limited duration tenancy ”,

I2b

after subsection (4) insert—

5

Nothing in any order made under section 73 of the 1991 Act which varies the provisions of schedule 5 to that Act affects the right of a tenant of a short limited duration tenancy, a limited duration tenancy or a modern limited duration tenancy to claim, in respect of an improvement made or begun before the date on which such order comes into force, any compensation to which, but for the making of the order, the tenant would have been entitled.

I1917

In 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 ”.

I1918

The italic heading before section 52 becomes “ New types of tenancy ”.

I1919

In section 52 (compensation for disturbance)—

a

in subsection (1)(b), for “or a limited duration tenancy” substitute “ , a limited duration tenancy or a modern limited duration tenancy ”,

b

in subsection (2)(b)(i), for “or limited duration tenancy” substitute “ , limited duration tenancy or modern limited duration tenancy ”.

I1920

In section 53 (compensation for other particular things)––

a

in subsection (1)—

i

for “and limited duration tenancies” substitute “ , limited duration tenancies and modern limited duration tenancies ”,

ii

in paragraph (b), after “16” insert “ or 16A ”,

b

in subsection (2), after first “tenancies” insert “ and to modern limited duration tenancies ”,

c

in subsection (3), for “and limited duration tenancies” substitute “ , limited duration tenancies and modern limited duration tenancies ”.

I1921

In 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 ”.

I1922

In section 55 (right to compensation for yielding vacant possession)—

a

in subsection (1)—

i

“and” immediately after paragraph (a) is repealed,

ii

after paragraph (b) insert

, and

c

a modern limited duration tenancy.

b

in subsection (8)(a), after second “tenancy” insert “ or a modern limited duration tenancy ”.

I1923

In section 56 (no right to penal rent etc.), for “or limited duration tenancy” substitute “ , a limited duration tenancy or a modern limited duration tenancy ”.

I1924

In section 57 (provision as to parts of land and divided land)—

a

in subsection (1), for “or a limited duration tenancy” substitute “ , a limited duration tenancy or a modern limited duration tenancy ”,

b

in subsection (3), for “or a limited duration tenancy” substitute “ , a limited duration tenancy or a modern limited duration tenancy ”.

I1925

In section 59 (extent to which compensation recoverable under agreements)—

a

in subsection (1), for “or a limited duration tenancy” substitute “ , a limited duration tenancy or a modern limited duration tenancy ”,

b

in subsection (3), for “or a limited duration tenancy” substitute “ , a limited duration tenancy or a modern limited duration tenancy ”.

I1926

In 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 ”.

I1927

In section 77 (resolution of disputes by Land Court)—

a

in subsection (2)(a)—

i

“or” immediately after sub-paragraph (ii) is repealed,

ii

after sub-paragraph (ii) insert—

iia

a modern limited duration tenancy, or

iib

a repairing tenancy,

b

in subsection (4)—

i

after first “tenancy” insert “ , a modern limited duration tenancy or a repairing tenancy ”,

ii

after “7(1)” insert “ or, as the case may be, 7B(1), 7D(1) or 7D(7) ”.

I1928

In 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 ”.

I929

In section 92 (ancillary provision), in subsection (2), for “and limited duration tenancies” substitute “ , limited duration tenancies, modern limited duration tenancies and repairing tenancies ”.

30

In section 93 (interpretation)—

I20a

for the definition of “limited duration tenancy” substitute—

“limited duration tenancy” means a tenancy—

a

created by virtue of section 5(1), or

b

converted by virtue of section 5(2), (3) or (4),

before the repeal of that section by section 85(2) of the Land Reform (Scotland) Act 2016,

“modern limited duration tenancy” is to be construed in accordance with section 5A,

I9b

after the definition of “the Parliament” insert—

“repairing tenancy” is to be construed in accordance with section 5C,

Antisocial Behaviour etc. (Scotland) Act 2004

I218

1

The Antisocial Behaviour etc. (Scotland) Act 2004 is amended as follows.

2

In 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 ”.

Housing (Scotland) Act 2006

I229

1

The Housing (Scotland) Act 2006 is amended as follows.

2

In section 12 (tenancies to which repairing standard duty applies), in subsection (1)—

a

“or” immediately after paragraph (c)(i)(B) is repealed,

b

after paragraph (c)(i)(C) insert––

D

a modern limited duration tenancy (within the meaning of that Act), or

E

a repairing tenancy (within the meaning of that Act),

PART 2Sale where landlord in breach

2003 Act

10

1

The 2003 Act is amended as follows.

2

In section 32 (tenant's right to buy: procedure for buying), in subsection (6)(b), “if the tenant has not so concluded missives,” is repealed.

3

In section 84 (power of Land Court to grant remedies etc.), in subsection (2), “in respect of fixed equipment” is repealed.

PART 3Rent reviews

1991 Act

11

1

The 1991 Act is amended as follows.

2

In section 5 (fixed equipment and insurance premiums), in subsection (4B)(b), for “section 13” substitute “ paragraph 7 of schedule 1A ”.

3

In schedule 8 (supplementary provisions with respect to payments under section 56)—

a

in paragraph 2(a)—

i

“13 or” is repealed,

ii

after “Act” insert “ or paragraph 7 of schedule 1A ”,

b

in paragraph 3—

i

in paragraph (a)(i), for “section 13 of this Act” substitute “ paragraph 7 of schedule 1A ”,

ii

for “the said section 13” substitute “ paragraph 7(2) to (4) of schedule 1A ”,

c

in 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 ”.

2003 Act

12

1

The 2003 Act is amended as follows.

2

In section 54 (compensation where compulsory acquisition of land), in subsection (6)(b)—

a

for “sections 13 and 15 of that Act” substitute “ paragraph 7 of schedule 1A and section 15 of that Act ”,

b

for “sections 9 and 10” substitute “ sections 9B and 10 ”.

3

Section 63 (variation of rent) is repealed.

4

In the schedule, paragraph 15 is repealed.

Agricultural Holdings (Amendment) (Scotland) Act 2012

13

1

The Agricultural Holdings (Amendment) (Scotland) Act 2012 is amended as follows.

2

Section 3 (effect of VAT changes on determination of rent) is repealed.

PART 4Assignation and succession

Succession (Scotland) Act 1964

I314

1

The Succession (Scotland) Act 1964 is amended as follows.

2

In section 16 (provisions relating to leases)—

a

in subsection (2)(c), for “section 11” substitute “ section 12A or 12B ”,

b

in subsection (2A)(b), after “other than” insert “ the lease of a 1991 Act tenancy or ”,

c

in subsection (3)(b)(i)—

i

for “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 ”,

ii

for “or, as the case may be, the application” substitute “ , the application or, as the case may be, the appeal ”,

d

in 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, ”.

3

In section 29 (right of tenant to bequeath interest under lease), in subsection (2), for “section 11” substitute “ sections 11 or 12A to 12C ”.

1991 Act

I415

1

The 1991 Act is amended as follows.

2

In section 22 (restrictions on operation of notices to quit)—

a

in subsection (1), “and to section 25 of this Act” is repealed,

b

in subsection (2), paragraph (g) is repealed.

3

In section 24 (consents for the purposes of section 22)—

a

in subsection (1), “and to section 25(3) of this Act” is repealed,

b

in subsection (3), “(subject to section 25(4) of this Act)” is repealed.

4

In section 55 (additional payments to tenants quitting holdings: supplementary provision)—

a

in subsection (1), paragraph (c) is repealed,

b

in 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,

c

in subsection (6)—

i

for “by virtue of a notice to quit” substitute “ under section 12B ”,

ii

paragraph (a) is repealed,

iii

in paragraph (c), for “notice” substitute “ counter-notice under section 12B(2) ”.

5

Schedule 2 (grounds for consent to operation of notices to quit a tenancy where section 25(3) applies) is repealed.

2003 Act

I516

1

The 2003 Act is amended as follows.

2

In section 21 (bequest of lease), for subsection (2) substitute—

2

Sections 11(2) and (3), 12A, 12B and 12C(1) and (2) of the 1991 Act apply in relation to subsection (1) as they do in relation to section 11(1), subject to the following modifications—

a

in section 11(2), the words “of a holding” and “of the holding” are omitted,

b

in section 12A, in subsections (3)(b) and (c) and (4)(b), for “holding” substitute “ land comprised in the lease ”,

c

in section 12C, in subsection (1), for “holding” substitute “ land comprised in the lease ”.

3

In section 22 (right of landlord to object to acquirer of tenancy), for subsection (2) substitute—

2

Sections 12A, 12B and 12C(1), (2) and (5) of the 1991 Act apply in relation to subsection (1) as they do in relation to section 12(1), subject to the following modifications—

a

in section 12A—

i

in subsection (2), the reference to notice given under section 12(1) is to be read as a reference to notice given under subsection (1),

ii

in subsections (3)(b) and (c) and (4)(b), for “holding” substitute “ land comprised in the lease ”,

b

in section 12B(2), the reference to notice given under section 12(1) is to be read as a reference to notice given under subsection (1),

c

in section 12C, in subsection (1), for “holding” substitute “ land comprised in the lease ”.

Agricultural Holdings (Amendment) (Scotland) Act 2012

I617

1

The Agricultural Holdings (Amendment) (Scotland) Act 2012 is amended as follows.

2

Section 1 (succession by near relatives) is repealed.

PART 5General modifications

1991 Act

I718

1

The 1991 Act is amended as follows.

2

The title of section 10A becomes “ Assignation of tenancy ”.

2003 Act

I819

1

The 2003 Act is amended as follows.

2

In section 91 (orders and regulations)—

a

in subsection (3)(a), “, 25(7)” is repealed,

b

in subsection (3)(b)—

i

after “section” insert “ 5B(3), 9A(3), ”,

ii

for “25(3) or 26(2)” substitute “ 18A(4)(b)(ii), 26(2), 38A(4)(c), 38B(6)(e), 38L(4)(c) or 38P(2) ”,

c

in subsection (4)(b)—

i

after “section” insert “ 9B(3), 9C(6), ”,

ii

after “36(7)” insert “ , 38C(1), 38D(4), 38M(1), 38O(4), 59A ”,

iii

for “or 74,” substitute “ , 74 or 74A, ”.