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(1)In section 8 (record of condition, etc. of holding) of the 1991 Act—
(a)for subsection (3) there is substituted—
“(3)A record under this section shall be made by a person to be appointed by agreement between the parties; but, in the absence of such agreement, the Scottish Ministers shall on the application of either party appoint a person to make the record.
(3A)The Scottish Ministers may charge such reasonable fee as they may determine for making an appointment under subsection (3) above.
(3B)The record shall be in such form as the parties agree or, in the absence of such agreement, as the recorder considers appropriate.”;
(b)in subsection (6), the words “, on the application of the landlord or tenant,” are repealed; and
(c)in each of subsections (8) and (9), for the word “the” in the second place where it appears there is substituted “any”.
(2)In section 80 (determination of matters where the Scottish Ministers are landlord or tenant) of that Act—
(a)in subsection (2), after “Act” insert “(except section 8)”; and
(b)after that subsection there is inserted—
“(3)Where this section applies, section 8 of this Act shall have effect—
(a)with the substitution for “Scottish Ministers” in subsection (3) of “sheriff”;
(b)as if subsection (3A) were omitted.”.
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Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills
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