Agricultural Holdings (Scotland) Act 1991
Agricultural Holdings (Scotland) Act 1991 (1991 c. 55)
- Agricultural Holdings (Scotland) Act 1991 (1991 c. 55)
- Part I Agricultural Holdings
- 1 Meaning of “agricultural holding” and “agricultural land”.
- 2 Leases for less than year to year.
- 3 Leases to be continued by tacit relocation.
- Part II Terms of Leases and Variations Thereof
- 4 Written leases and the revision of certain leases.
- 5 Fixed equipment and insurance premiums.
- 6 Sums recovered under fire insurance policy.
- 7 Freedom of cropping and disposal of produce.
- 8 Record of condition, etc., of holding.
- 9 Arbitration as to permanent pasture.
- 10 Power of landlord to enter on holding.
- 10A Assignation of tenancy
- 11 Bequest of lease.
- 12 Transfer of lease on intestacy
- 12A Landlord's objection to legatee or acquirer on intestacy: near relative
- 12B Landlord's objection to legatee or acquirer on intestacy: other persons
- 12C Landlord's objection to legatee or acquirer on intestacy: supplementary provision
- Rent review
- 13 Rent review
- 14 Determination by the Land Court under sections 4 and 5
- 14A Landlord improvement notices
- 14B Objection by tenant
- 14C Referral to Land Court
- 14D Notice of dates of improvement
- 14E Improvement by landlord without notice etc.
- 14F Emergency improvements
- 15 Increase of rent for certain improvements by landlord.
- Tenant’s right to withhold rent
- 15A Tenant’s right to withhold rent
- Termination of tenancy
- 16 Leases not terminated by variation of terms, etc..
- 16A Leases not terminated on grounds of non-residence
- 17 Prohibition of removal of manure, etc., after notice to quit,etc..
- 18 Tenant’s right to remove fixtures and buildings.
- 19 Payment for implements, etc., sold on quitting holding.
- 20 Removal of tenant for non-payment of rent.
- Part III Notice to Quit and Notice of Intention to Quit
- 21 Notice to quit and notice of intention to quit.
- 22 Restrictions on operation of notices to quit.
- 23 Consent by Land Court or arbitration on notices to quit.
- 24 Consents for purposes of section 22.
- 25 Termination of tenancies acquired by succession.
- 26 Certificates of bad husbandry.
- 27 Penalty for breach of condition.
- 28 Effect on notice to quit of sale of holding.
- 29 Notice to quit part of holding to be valid in certain cases.
- 29A Holding to be restored in certain circumstances
- 30 Tenant’s right to treat notice to quit part as notice to quit entire holding.
- 31 Reduction of rent where tenant dispossessed of part of holding.
- 32 Further restrictions on operation of certain notices to quit.
- PART 3A Relinquishing and assignation of holdings
- CHAPTER 1 Tenant's offer to relinquish holding
- Application of Part and key terms
- 32A Application of Part
- 32B New entrants to farming and persons progressing in farming
- 32C Tenant's offer to relinquish tenancy
- 32D Form and content of notice of intention to relinquish
- 32E Restrictions on serving notice of intention to relinquish
- 32F Restriction on notice to quit etc. where notice of intention to relinquish served
- Appointment of valuer
- 32G Appointment of valuer by Tenant Farming Commissioner
- 32H Objection to valuer appointed by Tenant Farming Commissioner
- 32I Valuer's expenses
- Valuer's assessment
- 32J Assessment of value of land etc.
- 32K Valuation: further provision
- Calculation of compensation
- 32L Compensation payable by landlord to tenant
- Notice of assessment
- 32M Notice of assessment
- Appeal against valuer's assessment
- 32N Appeal to Lands Tribunal against valuer's assessment
- 32O Referral of certain matters by Lands Tribunal to Land Court
- Withdrawal of notice of intention to relinquish
- 32P Withdrawal of notice of intention to relinquish
- Landlord's response to tenant's offer to quit tenancy
- 32Q Landlord's acceptance of notice of intention to relinquish
- 32R Notice of declinature
- 32S Withdrawal of notice of acceptance
- Payment of compensation ends tenancy
- 32T Consequences of landlord paying compensation to tenant
- CHAPTER 2 Assignation where landlord does not accept tenant's offer
- 32U Assignation where landlord does not accept notice of intention to relinquish
- 32V Application of section 10A to assignation under this Part
- CHAPTER 3 Interpretation
- 32W Interpretation of Part
- Part IV Compensation for Improvements
- 33 Improvements.
- 33A Agreements as to compensation for improvements
- 34 Right to compensation for improvements.
- 34A Amnesty under the Land Reform (Scotland) Act 2016
- 35 Payment of compensation by incoming tenant.
- 36 Amount of compensation under this Part.
- 37 Consents necessary for compensation for some improvements.
- 38 Notice required of certain improvements.
- 39 Compensation for Sch. 5, Pt.II, improvements conditional on approval of Land Court in certain cases.
- Part V Other Provisions Regarding Compensation
- Market gardens
- 40 Market gardens.
- 41 Direction by Land Court that holding be treated as market garden.
- 42 Agreements as to compensation relating to market gardens.
- Miscellaneous
- 43 Compensation for disturbance.
- 44 Compensation for continuous adoption of special standard of farming.
- 45 Compensation to landlord for deterioration etc. of holding.
- 45A Compensation arising as a result of diversification and cropping of trees
- 46 Compensation for failure to repair or maintain fixed equipment.
- 47 Provisions supplementary to ss. 45 and 46.
- 48 Landlord not to have right to penal rent or liquidated damages.
- 49 Compensation provisions to apply to parts of holdings in certain cases.
- 50 Determination of claims for compensation where holding is divided.
- 51 Compensation not to be payable for things done in compliance with this Act.
- 52 Compensation for damage by game.
- 53 Extent to which compensation recoverable under agreements.
- Part VI Additional Payments
- 54 Additional payments to tenants quitting holdings.
- 55 Provisions supplementary to s. 54.
- 56 Additional payments in consequence of compulsory acquisition etc. of agricultural holdings.
- 57 Provisions supplementary to s. 56.
- 58 Effect of early resumption clauses on compensation.
- 59 Interpretation etc. of Part VI.
- Part VII Arbitration and Other Proceedings
- 60 Resolution of disputes by Land Court
- 61 Agreement to refer matters to arbitration
- 61A Arbitration: procedure etc.
- 61B Clauses in leases as to resolution of disputes
- 62 Claims on termination of tenancy.
- 63 Panel of arbiters, and remuneration of arbiter.
- 64 Appointment of arbiter in cases where Secretary of State is a party.
- 65 Recovery of compensation and other sums due.
- 66 Power to enable demand to remedy a breach to be modified on arbitration.
- 67 Prohibition of appeal to sheriff principal.
- Sheep stock valuation
- 68 Sheep stock valuation.
- 69 Submission of questions of law for decision of sheriff.
- 70 Determination by Land Court of questions as to value of sheep stock.
- 71 Statement of sales of stock.
- 72 Interpretation of sections 68 to 71.
- Part VIII Miscellaneous
- 73 Power of Secretary of State to vary Schedules 5 and 6.
- 74 Power of limited owners to give consents, etc..
- 75 Power of tenant and landlord to obtain charge on holding.
- 76 Power of land improvement companies to advance money.
- 77 Appointment of guardian to landlord or tenant.
- 78 Validity of consents, etc..
- Part IX Supplementary
- Crown and Secretary of State
- 79 Application to Crown land.
- 80 Determination of matters where Secretary of State is landlord or tenant.
- 81 Expenses and receipts.
- 82 Powers of entry and inspection.
- Land Court
- 83 Proceedings of the Land Court.
- Service of notices
- 84 Service of notices, etc..
- Interpretation
- 85 Interpretation.
- 86 Construction of references in other Acts to holdings as defined by earlier Acts.
- 87 Savings.
- Consequential amendments and repeals
- 88 Consequential amendments and repeals.
- Citation, commencement and extent
- 89 Citation, commencement and extent.
- SCHEDULES
- SCHEDULE 1 Provisions Required in Leases
- SCHEDULE 1A Rent Review
- Rent review: service of rent review notice
- Form and content of rent review notice
- Timing of rent review notice
- Withdrawal of rent review notice
- Termination of rent review notice
- Referral of rent to the Land Court
- Powers of Land Court on referral under paragraph 6
- New rent to take effect from rent agreement date
- Productive capacity
- Surplus residential accommodation
- Open market rent
- Power of Land Court to phase in new rent
- Interpretation
- SCHEDULE 2 Grounds for Consent to Operation of Notices to Quit a Tenancy Where Section 25(3) Applies
- Part I Grounds For Consent to Operation of Notice to Quit a Tenancy Let Before 1 January 1984
- Case 1
- Case 2
- Case 3
- Part II Grounds for Consent to Operation of Notice to Quit a Tenancy Let on or After 1 January 1984
- Case 4
- Case 5
- Case 6
- Case 7
- Part III Supplementary
- SCHEDULE 3 1923 Act Improvements For Which Compensation May Be Payable
- Part I Improvements For Which Consents Required
- Part II Improvements For Which Notice Required
- Part III Improvements For Which No Consents Or Notice Required
- SCHEDULE 4 1931 Act Improvements For Which Compensation May Be Payable
- Part I Improvements For Which Consent Required
- Part II Improvements Of Which Notice Required
- Part III Improvements For Which No Consent Or Notice Required
- SCHEDULE 5 New Improvements For Which Compensation May Be Payable
- Part I Improvements For Which Consent Is Required
- Part II Improvements For Which Notice Is Required
- Part III Improvements For Which No Consent Or Notice Required
- SCHEDULE 6 Market Garden Improvements
- SCHEDULE 7 Arbitrations
- Appointment of Arbiters
- Particulars of Claim
- Evidence
- Award
- Expenses
- Statement of Case
- Removal of Arbiter and Setting Aside of Award
- Forms
- SCHEDULE 8 Supplementary Provisions with Respect to Payments Under Section 56
- SCHEDULE 9 Valuation of Sheep Stock in Scotland in Respect of Old Leases
- Part I Valuation Made in Respect of a Tenancy Terminating at Whitsunday
- Part II Valuation Made in Respect of a Tenancy Terminating at Martinmas
- Part IV Interpretation
- SCHEDULE 10 Valuation of Sheep Stock in Scotland in Respect of Leases Entered into after 1st December 1986
- Part I Valuation Made in Respect of a Tenancy Terminating at Whitsunday
- Part II Valuation Made in Respect of a Tenancy Terminating at Martinmas
- Part IV Interpretation
- SCHEDULE 11 Consequential Amendments of Enactments
- Hill Farming Act 1946 (c. 73)
- Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (c. 65)
- Crofters (Scotland) Act 1955 (c. 21)
- Agriculture (Safety, Health and Welfare Provisions) Act 1956 (c.49)
- Coal Mining (Subsidence) Act 1957 (c.59)
- Opencast Coal Act 1958 (c.69)
- Horticulture Act 1960 (c. 22)
- Crofters (Scotland) Act 1961 (c. 58)
- Succession (Scotland) Act 1964 (c. 41)
- Agriculture Act 1967 (c. 22)
- Conveyancing and Feudal Reform (Scotland) Act 1970 (c. 35)
- Land Compensation (Scotland) Act 1973 (c. 56)
- Land Tenure Reform (Scotland) Act 1974 (c. 38)
- Control of Pollution Act 1974 (c. 40)
- Matrimonial Homes (Family Protection)(Scotland) Act 1981 (c.59)
- Rent (Scotland) Act 1984 (c. 58)
- Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73)
- Agriculture Act 1986 (c.49)
- Housing (Scotland) Act 1987 (c. 26)
- Housing (Scotland) Act 1988 (c. 43)
- SCHEDULE 12 TRANSITIONALS AND SAVINGS
- Continuation of savings
- Construction of references to old and new law
- Savings for specific enactments
- Compensation
- SCHEDULE 13 Repeals and Revocations
- Part I Repeals
- Table of Derivations
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