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This is the original version (as it was originally enacted).
(1)This section applies where land is subject to two or more potential qualifying leases.
(2)Subsections (3) and (4) have effect for the purposes of determining—
(a)which of the leases is the qualifying lease, and
(b)of which land the lease is a qualifying lease.
(3)A potential qualifying lease is not a qualifying lease if all of the land which forms the subjects of the lease forms the subjects of an inferior lease.
(4)In any other case, a potential qualifying lease is the qualifying lease of land that—
(a)forms the subjects of the potential qualifying lease, but
(b)does not form the subjects of an inferior lease.
(5)In this section—
“potential qualifying lease” means a lease that complies with section 1(3),
“inferior lease”, in relation to a potential qualifying lease, means a sublease—
of the whole or part of the subjects of the potential qualifying lease, and
which is itself a potential qualifying lease.
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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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