Agricultural Holdings (Scotland) Act 2003 (2003 asp 11).
Type of law
Legislation
Date of original text
Date of latest amendment
Abstract
The Act consists of 95 sections divided into 8 Parts. In Chpater I of Part I the various types of agricultural tenancy are defined. Chapter 2 contains general provision as to new types of tenancy. Part 2 provides for the tenant's right to buy land. Part III concerns diversification of use of land under agricultural tenancy. A tenant under a tenancy mentioned in section 39(1) who intends to use the land for a non-agricultural purpose must send a notice to the landlord. The landlord may object to the notice of diversification under certain circumstances (sect. 40). Where the Land Court determines that an objection by the landlord to a notice of diversification is unreasonable the objection shall be of no effect and the land may be used as planned. The tenant under specified tenancies has, for so long as the tenancy continues to have effect, the right to cut timber from any trees planted on the land by the tenant on or after the coming into force of this section; and any such timber belongs to the tenant (sect. 42). Part 7 concerns jurisdiction of the Land Court.
Attached files
Web site
Long title of text
An Act of the Scottish Parliament to amend the law relating to agricultural holdings under the Agricultural Holdings (Scotland) Act 1991; to provide for new forms of agricultural tenancies and to make provision in relation to these tenancies; to provide for the right of certain agricultural tenants to buy land; to provide for the use of certain agricultural land for non-agricultural purposes; to make special provision for certain agricultural tenancies where the tenant is a partnership; to make new provision for the resolution of disputes between landlords and tenants arising under agricultural tenancies; and for connected purposes.
Entry into force notes
The provisions of this Act, except this section and sections 91, 92 and 93, come into force on such day as the Scottish Ministers may by order appoint. The day appointed for the coming into force of section 72(10) (and, for those purposes, section 70(7) and (8)) and section 73 of the Agricultural Holdings (Scotland) Act 2003 is 1st July 2003. (S.S.I. 305 (C. 15)).
Notes
Last textual amendment was made by the The Environment, Food and Rural Affairs (Miscellaneous Amendments and Revocations) (Scotland) Regulations 2018. Agricultural Holdings (Scotland) Act 2003 is up to date with all changes known to be in force on or before 10 January 2021. There are changes that may be brought into force at a future date. (See end of Document for details) View outstanding changes.
Repealed
No
Source language
English
Legislation Amendment
No
Amended by
Implemented by