- Latest available (Revised)
- Point in Time (12/09/2012)
- Original (As enacted)
Version Superseded: 23/12/2016
Point in time view as at 12/09/2012.
Agricultural Holdings (Amendment) (Scotland) Act 2012 is up to date with all changes known to be in force on or before 27 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
The Bill for this Act of the Scottish Parliament was passed by the Parliament on 7th June 2012 and received Royal Assent on 12th July 2012
An Act of the Scottish Parliament to amend the law governing succession to agricultural tenancies and the review or variation of rent under such tenancies.
In paragraph 1 of Part III of Schedule 2 to the Agricultural Holdings (Scotland) Act 1991 (c.55), for the definition of “near relative” substitute—
““near relative” in relation to a deceased tenant of an agricultural holding, means a surviving spouse, civil partner, child or grandchild of that tenant;”.
In section 9 of the Agricultural Holdings (Scotland) Act 2003 (asp 11), before subsection (1) insert—
“(A1)Where, by virtue of any provision, a review of rent due as payable under a lease constituting a limited duration tenancy—
(a)may be initiated only by the landlord; or
(b)may only determine that the rent is to be increased,
the provision concerned is void and the rent due as payable under the lease is instead to be reviewed and determined in accordance with this section.”.
In section 13(9) of the Agricultural Holdings (Scotland) Act 1991, after paragraph (c) insert—
“(d)a variation of rent arising from—
(i)the exercise or revocation of an option to tax under Schedule 10 to the Value Added Tax Act 1994 (c.23); or
(ii)a change in the rate of value added tax applicable to grants of interests in or rights over land in respect of which such an option has effect.”.
(1)The amendment made by section 1 has effect in respect of a notice to quit given in accordance with section 25(2) of the Agricultural Holdings (Scotland) Act 1991 only if the landlord of the tenancy in question is given notice of the tenant's acquisition of the right to the lease of the agricultural holding (under section 11(2) or 12(1) of the Agricultural Holdings (Scotland) Act 1991) on or after the day on which section 1 comes into force.
(2)The amendment made by section 2 has effect only in respect of a provision for review of rent made on or after that section comes into force.
(3)The amendment made by section 3 has effect in relation to a variation of rent arising from the exercise or revocation of an option, or a change in rate of value added tax, that takes effect before that section comes into force.
(1)This section and section 6 come into force on the day after Royal Assent.
(2)The other provisions of this Act come into force at the end of the period of 2 months beginning with the day of Royal Assent.
The short title of this Act is the Agricultural Holdings (Amendment) (Scotland) Act 2012.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the Scottish Government 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.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: